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HomeMy WebLinkAboutContract 60065DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: Federal Highway Administration: CSJ # 10902-90-229 CFDA No. 20.205 District # 102-Frw I AFA ID I Z00004032 CFDA Title Highway Planning and Construction Code Chart 64 # 115000 Project Name I Butler Housing Project AFA Not Used For Research & Development STATE OF TEXAS § CSC No. 60065 COUNTY OF TRAVIS § NON -CONSTRUCTION ADVANCE FUNDING AGREEMENT For A Surface Transportation Block Grant Program THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Fort Worth, acting by and through its duly authorized officials, called the "Local Government". The State and Local Government shall be collectively referred to as "the parties" hereinafter. BACKGROUND Federal law establishes federally funded programs for transportation improvements to implement its public purposes, including the Surface Transportation Block Grant program. Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and Federal funds. The Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects. The Texas Transportation Commission passed Minute Order Number 116292, which provides for development of and funding for the project identified in this agreement. The Governing Body of the Local Government has approved entering into this agreement by resolution, ordinance, or commissioners court order dated August 8, 2023, which is attached to and made a part of this Agreement as Attachment C, Resolution, Ordinance, or Commissioners Court Order (Attachment C). NOW, THEREFORE, the State and the Local Government agree as follows: AGREEMENT Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the close of ordinary business on August 31, 2024. 2. Scope of Work The scope of work is the project (Project) as detailed in Attachment A, Scope of Work (Attachment A), which is attached to and made part of this agreement. AFA NonConstruction Page 1 of 11 OFFICIAL RECORD Rev. 12/10/2021 CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: CSJ # 10902-90-229 District # 102-FFW I AFA ID I Z00004032 Code Chart 64 # 115000 Project Name I Butler Housing Project 3. Project Sources and Uses of Funds Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development The total estimated cost of the Project is shown in Attachment B, Project Budget Estimate (Attachment B), which is attached to and made a part of this Agreement. A. If the Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. If federal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled "Local Government Project Procedures and Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT procedures. Upon request, the Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. B. The expected cash contributions from the federal government, the State, the Local Government, or other parties are shown in Attachment B. The State will pay for only those Project costs that have been approved by the Texas Transportation Commission. For projects with federal funds, the State and the federal government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration (FHWA). After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. C. The State will be responsible for securing the federal and State share of the funding required for the Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. D. The Local Government will be responsible for all non-federal and non -State participation costs associated with the Project. If the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. E. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding and the periodic payment schedule, when periodic payments have been approved by the State. F. If the Local Government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, Attachment B reflects those adjustments. AFA NonConstruction Page 2 of 11 Rev. 12/10/2021 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: CSJ # 10902-90-229 District # 102-FFW I AFA ID I Z00004032 Code Chart 64 # 115000 Project Name I Butler Housing Project Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development G. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation" or may use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. H. The State will not pay interest on any funds provided by the Local Government. I. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice, in a form and containing all items required by the State, no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. J. Upon completion of the Project, the State will perform a final accounting of the Project costs for all items of work with specified percentage funding. Any funds due by the Local Government, the State, or the federal government for these work items will be promptly paid by the owing party. K. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. L. Payment under this Agreement beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this Agreement shall be terminated immediately with no liability to either party. 4. Termination of This Agreement This Agreement maybe terminated: A. By written mutual consent of the parties; B. By one party because of a material breach by the other party, in which case any costs incurred because of the breach shall be paid by the breaching party; C. By the State if the Local Government elects not to provide its share of funding, in which case the Local Government shall pay for the State's reasonable actual costs during the Project; D. By the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of termination; or AFA NonConstruction Page 3 of 11 Rev. 12/10/2021 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: Federal Highway Administration: CSJ # 1 0902-90-229 CFDA No. 20.205 District # 102-FFW I AFA ID I Z00004032 CFDA Title Highway Planning and Construction Code Chart 64 # 115000 Project Name I Butler Housing Project AFA Not Used For Research & Development E. If the Project is inactive for thirty-six (36) consecutive months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this Agreement. 5. Amendments Amendments to this Agreement shall be in writing and shall be executed by both of the parties. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: State: City of Fort Worth Texas Department of Transportation ATTN: Assistant City Manager ATTN: Director of Contract Services 200 Texas Street 125 E. 1111 Street Fort Worth, TX 76102-6314 Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this Agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 8. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 9. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party, and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its employees, representatives, and agents. 10. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data and information prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local AFA NonConstruction Page 4 of 11 Rev. 12/10/2021 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: Federal Highway Administration: CSJ # 1 0902-90-229 CFDA No. 20.205 District # 102-FFW I AFA ID I Z00004032 CFDA Title Highway Planning and Construction Code Chart 64 # 115000 Project Name I Butler Housing Project AFA Not Used For Research & Development Government shall be transmitted to the State, in the format directed by the State, on a monthly basis or as required by the State. The originals shall remain the property of the Local Government. 11. Compliance with Laws The parties to this Agreement shall complywith all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 12. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 13. Cost Principles In order to be reimbursed with federal funds, the parties shall complywith the cost principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 14. Procurement and Property Management Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. When required by state or federal statute or regulation, the State must pre -approve the Local Government's procurement procedures for purchases to be eligible for reimbursement with state or federal funds. 15. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 16. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway AFA NonConstruction Page 5 of 11 Rev. 12/10/2021 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: CSJ # 10902-90-229 District # 102-FFW I AFA ID I Z00004032 Code Chart 64 # 115000 Project Name I Butler Housing Project Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development Administration (FHWA), as they maybe amended from time to time, which are herein incorporated by reference and made part of this Agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Includinq Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the Agreement until the Local Government complies and/or 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontractor procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. AFA NonConstruction Page 6 of 11 Rev. 12/10/2021 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: Federal Highway Administration: CSJ # 10902-90-229 CFDA No. 20.205 District # 102-FFW I AFA ID I Z00004032 CFDA Title Highway Planning and Construction Code Chart 64 # 115000 Project Name I Butler Housing Project AFA Not Used For Research & Development 17. Pertinent Non -Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro-hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal -aid programs and projects). C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the federal -aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). AFA NonConstruction Page 7 of 11 Rev. 12/10/2021 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: Federal Highway Administration: CSJ # 1 0902-90-229 CFDA No. 20.205 District # 102-FFW I AFA ID I Z00004032 CFDA Title Highway Planning and Construction Code Chart 64 # 115000 Project Name I Butler Housing Project AFA Not Used For Research & Development L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 18. Disadvantaged Business Enterprise (DBE) Program Requirements If federal funds are used: A. The parties shall complywith the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall incorporate into its contracts with subproviders an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall submit its proposed scope of services and quantity estimates to the State to allow the State to establish a DBE goal for each Local Government contractwith a subprovider. The Local Government shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftr).dot.state.tx.us/pub/txdot- info/bop/dbe/mou/mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) -assisted contractor in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carryout its terms shall be treated as a violation of this Agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub-contractorshall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. AFA NonConstruction Page 8 of 11 Rev. 12/10/2021 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: CSJ # 10902-90-229 District # 102-FFW I AFA ID I Z00004032 Code Chart 64 # 115000 Project Name I Butler Housing Project 19. Debarment Certifications Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development If federal funds are used, the parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a subcontract or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. If state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 20. Lobbying Certification If federal funds are used, in executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submitthe Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub -recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. AFA NonConstruction Page 9 of 11 Rev. 12/10/2021 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: Federal Highway Administration: CSJ # 10902-90-229 CFDA No. 20.205 District # 102-FFW I AFA ID I Z00004032 CFDA Title Highway Planning and Construction Code Chart 64 # 115000 Project Name I Butler Housing Project AFA Not Used For Research & Development 21. Federal Funding Accountability and Transparency Act Requirements If federal funds are used, the following requirements apply: A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: htti)://www.gpo.clov/fdsys/pkq/FR-2010-09- 14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkq/FR-2010-09- 14/pdf/2010-22706. pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in federal funding. The SAM number may be obtained by visiting the SAM website whose address is: htti)s://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website htti)://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five executives to the State if: i. More than 80% of annual gross revenues are from the federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 22. Single Audit Report If federal funds are used: A. The parties shall complywith the single audit report requirements stipulated in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division by email at singleaudits(a)txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the Project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the Agreement, unless otherwise amended or the Project has been formally closed out and no charges have been incurred within the current fiscal year. AFA NonConstruction Page 10 of 11 Rev. 12/10/2021 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: CSJ # 10902-90-229 District # 102-FFW I AFA ID I Z00004032 Code Chart 64 # 115000 Project Name I Butler Housing Project Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. Each party is signing this Agreement on the date stated under that party's signature. THE STATE OF TEXAS THE LOCAL GOVERNMENT DocuSigned by: DocuSigned by: E Lln,ln,t,{u, F1CDA80FDBSC4B6... Signature `DNBA6456HD401... Signature Kenneth Stewart William M. Johnson Typed or Printed Name Typed or Printed Name Director of Contract Services Assistant City Manager Typed or Printed Title Typed or Printed Title 8/24/2023 8/24/2023 Date Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX AFA NonConstruction Page 11 of 11 Rev. 12/10/2021 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: CSJ # 10902-90-229 District # 102-FFW I AFA ID I Z00004032 Code Chart 64 # 115000 Project Name I Butler Housing Project Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction ATTACHMENT A SCOPE OF WORK AFA Not Used For Research & Development The local government shall conduct a study of the area bound by Commerce Streeton the west, Belknap Street on the north, Sylvania Avenue/Riverside Drive on the east, and Lancaster Avenue on the south. However, the core study area for project recommendations is the area including and connecting to the former Butler Housing area bound by 1-30, 1-35W and US 287. This project will focus on public engagement, needs assessment, concept plan analysis, and a final report. SrLrY AFEA • • 117, �fTI —1.1 7 `E Butler Place .L '^ Urban Village RMay� vt21 ,Mn ttf .R�°"' ••r E� a nEa nr yyy CE to sE_ ; i � i � o •tow C t � t 1 fwEtAYlt � Q 0 1 rte a WIIYYi �I Q LCYYMMOJO � 4 _ rEawEt � j u•ww000 � Q I„r,ytlM To •� f * 4 �55 lL!' i ♦ ` •�N f•>' rift �l.DOWNTOWN S 40 Legend Q Butler Place Core p} t Study Area ® FM Worth Central Station19 r E t — Connfner Ral 1'ransn AM 10 Neu EaSt Sqe Urban Village ,•`� C� _ �. F Bi ,area Near East Side Village ' = BUW PuceL%bM wapQArea E EN1N C I1 iri LA fr♦llE r e MLF. WHEY 1LYIlOt• VE•MOtll .MfOt �OOtrt Garew:ry +p1Vt' '0*' Park z A (P • .� gyc,me'e ,I GbwA — To Picture 1: The core study area (yellow) and peripheral study area (white). This study is the first phase of work as part of a greater implementation project. This phase includes transportation/land use analysis and engineering. The land use concept will help the City and partners better understand what suite of transportation improvements are appropriate and to understand the highest and best land uses in order to maximize taxable value while also supporting equitable opportunities in housing and economic development. Page 1 of 5 AFA NonConstruction Attachment DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: Federal Highway Administration: CSJ # 1 0902-90-229 CFDA No. 20.205 District # 102-FFW I AFA ID I Z00004032 CFDA Title Highway Planning and Construction Code Chart 64 # 115000 Project Name I Butler Housing Project AFA Not Used For Research & Development PROJECT DURATION This project is expected take 12 months but the contract duration will be for 18 months. Task 0 - Proiect Management The CONSULTANT (team) will manage the work outlined in this scope to ensure efficient and effective use of the team and City's time and resources. The CONSULTANT will communicate effectively, coordinate internally and externally as needed, and proactively address issues with the City's project manager and others as necessary to make progress on the work. 1. Managing the Team 2. Communications and Reporting 3. Schedule 4. Progress Reports and Invoices 5. Sub -Consultant Monitoring and Management Task 0 — DELIVERABLES: 1. Detailed schedule indicating compliance with the 12-month completion timeframe and all required items within Tasks 0-5. 2. Monthly invoices and detailed narrative progress reports in accordance with City requirements. 3. Copies of sub -consultant contracts. Task 0 — DURATION: 1. 18 month duration 2. Anticipated completion: August 2024 Task 1 - Public/Stakeholder Enqaqement The CONSULTANT will work with the City an inclusive approach to public and stakeholder involvement. All outreach should be coordinated with the TPW Outreach Coordinator and the City of Fort Worth's Communications and Public Engagement Department. The public and stakeholder participation plan shall include but is not limited to the following: 1. Stakeholder Advisory Committee (SAC) Meetings (Minimum of Six) 2. Public Open Houses (Minimum of Four) 3. Targeted Outreach 4. Project Web Site and Other Methods Task 1 — DELIVERABLES: 1. Public Participation Plan, including a proposed public meeting schedule. 2. Any survey, questionnaires, comment cards, letters, and any other materials with associated feedback/results provided to the City. Page 2 of 5 AFA NonConstruction Attachment DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: Federal Highway Administration: CSJ # 1 0902-90-229 CFDA No. 20.205 District # 102-FFW I AFA ID I Z00004032 CFDA Title Highway Planning and Construction Code Chart 64 # 115000 Project Name I Butler Housing Project AFA Not Used For Research & Development 3. Study vision, goals, and objectives 4. Meeting materials including marketing materials, sign -in sheets, exhibits, etc. 5. Meeting summaries of each meeting in Microsoft Word format within five (5) business days of the meeting date. 6. Content for posting on the project website/page. Task 1 — DURATION: 1. 12 month duration 2. Anticipated completion: February 2024 Task 2 - Discovery, Existinq/Baseline Conditions, and Needs Assessment The CONSULTANT (team) will collect any data necessary to evaluate existing transportation, land use, market, and environmental (natural, built, human) conditions within the project study area. The data collection will pay particular attention to the use of various multimodal transportation related items such as pedestrian, transit and bicycle facilities, streetscapes and street sections, and traffic operations, parking, safety, land use market trends, existing built form/building types, housing, infill development, adaptive reuse/historic preservation, public spaces and opportunities for economic development. Task 2 — DELIVERABLES: 1. Existing/Baseline Conditions and Needs Assessment Report 2. Future Volume Diagrams (as appendices to the report) 3. ArcGIS Urban Model Task 2 — DURATION: 1. 3 month duration 2. Anticipated completion: May 2023 Task 3 - Concept Plan and Transportation Alternative Analvsis The CONSULTANT shall prepare draft conceptual plans and alternatives based on the existing conditions and needs assessment. This concept plan shall identify relevant projects and policies to improve the transportation network, and supportive land uses. When implemented, the concept plan should enhance mobility, connectivity, safety, and various multimodal travel options. It should also support economic development in the area, enhance environmental quality, create a sense of place, and provide for a housing mix that meets the needs and goals of the community. It is important the land use element be based on the susceptibility to change analysis and market data completed in Task 2. The land use concept will be the basis for potential zoning implications for the area, transportation improvements, and potential fiscal impact to the City. Specific concept elements and supporting analysis should include but not limited to: 1. Circulation and Connectivity Page 3 of 5 AFA NonConstruction Attachment DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: CSJ # 10902-90-229 District # 102-FFW I AFA ID I Z00004032 Code Chart 64 # 115000 Project Name I Butler Housing Project 2. Land Use 3. Housing and Economic Development 4. Environment and Place Task 3 - DELIVERABLES: Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development 1. Completed concept plan report narrative with graphics and methodology. 2. Visualizations for alternatives. 3. Street grid and access alternatives with a preferred approach, inclusive of ped/bike and transit. 4. Proposed roadway cross -sections. 5. Catalytic project case study with visuals. 6. Land use plan with draft form code. 7. Fiscal impact analysis, and figures for services, jobs and housing creation. 8. Risk analysis for preferred transportation concept (e.g. utilities, topography, etc.). 9. Any raw traffic data should be included in the appendix. Task 3 — DURATION: 1. 4 month duration 2. Anticipated completion: September 2023 Task 4 - Enqineerinq, Proiect Prioritization, Final Report The CONSULTANT shall create near, short, medium, and long-term projects, and policy recommendations that are tailored to the needs of the City, partners, and other stakeholders. Timeframes for the recommendations and implementation strategies are defined as: 1. Project Selection 2. Engineering Schematic Design 3. Final Report, Project List, and Recommendations Task 4 — DELIVERABLES: 1. Base maps showing the location, layout, and typical sections for each concept considered (one high resolution, reproducible digital copy). 2. Schematic layouts for roadway and other relevant concepts. 3. Executive Summary of the study report with its high resolution, reproducible digital copy, not to exceed five pages. (Word and PDF format) and a one -page front and back project brief for elected officials and board members. 4. Form -Based Code text and graphics ready for adoption. 5. Catalytic project implementation marketing brief. 6. Twenty-five (25) Hard Copies in Color of the Final Report, Fifty (50) Hard Copies in Color of the Executive Summary, and Ten (10) Hard Copies in Color of the Appendices. Final Report should be in 8.5' X 11' format, perfect binding. Page 4 of 5 AFA NonConstruction Attachment DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: Federal Highway Administration: CSJ # 10902-90-229 CFDA No. 20.205 District # 102-FFW I AFA ID I Z00004032 CFDA Title Highway Planning and Construction Code Chart 64 # 115000 Project Name I Butler Housing Project AFA Not Used For Research & Development 7. All data, graphic, photo, model, and other associated native files. GIS data should be ESRI compatible and include associated metadata. Preference is a file geodatabase with any defined domains as well as deliver of process to maintain data. 8. Any additional content deemed necessary by the City. Task 4 — DURATION: 1. 5 month duration 2. Anticipated completion: February 2024 Page 5 of 5 AFA NonConstruction Attachment DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: I Federal Highway Administration: CSJ # 10902-90-229 CFDA No. 20.205 District # 102-FFW I AFA ID I Z00004032 CFDA Title Highway Planning and Construction Code Chart 64 # 115000 Project Name I Butler Housing Project AFA Not Used For Research & Development ATTACHMENT B PROJECT BUDGET ESTIMATE Costs (excluding Direct/Indirect State Costs) will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the overrun costs. Description Engineering (by Local Government) Environmental (by Local Government) Subtotal Direct State Costs Indirect State Costs TOTAL Total Estimated =ederal State _ocal most 'articipation 'articl ation Dartici ation Yo (Cost % Cost % ICost �2,137,500 30% $1,710,000 )% $0 20% $427,500 1362,500 30% $290,000 31% $0 20% $72,500 62,500,000 1$2,000,000 �$0 I 1$500,000 $125,003 3% $0 3% $0 100% $125,003 v118,250 )% $0 )% $0 100% $118,250 62, 743,253 I 1$2,000,000 I 1$0 I 1$743,253 Total Reimbursable Costs = $2,000,000.00 Payment due from the Local Government to the State on full execution of this Agreement = $243,253.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 1 of 1 AFA NonConstruction Attachment B DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: Federal Highway Administration: CSJ # 1 0902-90-229 CFDA No. 20.205 District # 102-FFW I AFA ID I Z00004032 CFDA Title Highway Planning and Construction Code Chart 64 # 115000 Project Name I Butler Housing Project AFA Not Used For Research & Development ATTACHMENT C RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER A Resolution NO. 57764IN-1023 A RESOLUTION AUTHORIZING EXECUTION OF AN AUVANCIFII FUNDING AGRCEMENT WITH THE 'TEXAS DEPARTMENT OF TRANSPORTATION IN 'i'>fIIC? AMOUNT Of' S2,743,253.11G, OF WHICIT LOCAL PARTICIPATION IS $743,253.00, FOR THE DUTLER 110USI.NG STUDY PROJECT tNNC.RF.AS, federal law establishes fe�crslly funded programs for tr%lrk"irtalion improvements to implernrnt its public Purpo3e; and WHEREAS, the Texas Transportation Cade, Section 201A03 establishes that the State shall design, oarkstruct and operate a system of highways and roads in cooperation with local governments, and Section 22.2,052 authorizes the Texas Deparkmettx of Transportation Commissfon to accept contributions from polftical subdivisions for devclopmCnt and conskruczion of public roads within political subdivisions; and WHERE", a Master Agreement between the City of f.nrt Worth ("Local Government") and the State of Texas acting thrn139b the "Texas Dcpartmeni of "Transportation has been adopted and states the general terns and conditions For transportation projects devclopcd lhruugh this Advance Funding Agrt`entent (AFA); and WHEREAS, dic Texas Trimsponation Commission (Commission) passed Minute Order Number I J6292 (M0), authorixiHK the State to undertake and oompietc a highway improvement or other transportation project generally described as rehabilitation of existing road; and WIAERPAS, the City of port Worth desires to enter into an Advance Funding Agreensettt with the 'texas Departmcni of-rransportalionin the amount of S2,743,253.00, of which $2.Il4{I,{l00_Di7 is federal participation and S743,253.00 is estimated local part icipat ion from the C ity, far the purpose v f conduCCing the Butler Mousing Study Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL Or THE CITY OF FORT WORTH. THAT: The City Manager or 11j.%1ter duly authorl-rrd clesignoo Is autltiorized to exccuts an Advance Funding AgEeement with the Texas Department of Transportation in the total estimated amount of $2.,743,253.00 wick City participation in the estimated amount of $743,25K00 plus any cost overruns for the purpose of conducting the Butler HousiMsg Study Project. Adopted (61S $`11 day of August 2023, ATTEST A .Ianitiette S. G(K)6 0, City SCrretary Page 1 of 1 AFA NonConstruction Attachment C DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: CSJ # 1 0902-90-229 Federal Highway Administration: CFDA No. 20.205 District # 102-FTw I AFA ID I Z00004032 Code Chart 64 # 1 15000 Project Name I Butler Housing Project 1. TYPES OF DATA CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT D Information Resources and Security Requirements "TxDOT Data" means TxDOT information, data, records, and information to which a Contractor -Related Entity has access, has possession, or is otherwise provided to the a Contractor -Related Entity byTxDOT, whether or not intended under or for the purposes of the agreement, including, without limitation, data generated or collected under this agreement, intellectual property created as a work for hire under this agreement, and Personal Identifying Information (as defined below). TxDOT Data is classified into the four categories that control applicability of security standards: Public, Sensitive, Confidential, and Regulated. See Section 4 for Definitions. Any data that a Contractor -Related Entity accesses and downloads from a TxDOT system, for use, manipulation, storage, or management is considered Confidential Data unless otherwise specified in writing by TxDOT. 2. DATA REQUIREMENTS 2.1 Data, Data Dictionaries, and Data Flow Diagrams Contractor shall ensure that all TxDOT Data that is generated, manipulated, transmitted, or stored, utilizes the TxDOT taxonomy, with documented data dictionaries, and data flow diagrams (including security protocols). 2.2 Data Transfer (a) At the completion of a deliverable, the Contractor shall transfer all TxDOT Data generated and stored for that deliverable to TxDOT in a manner and format acceptable to TxDOT and approved by TxDOT's Information Technology Division ("ITD"). (b) All metadata associated with the TxDOT Data transferred must remain attached to that data. (c) Contractor shall maintain the appropriate level of data security throughout the transfer of the TxDOT Data. 2.3 Backup and Disaster Recovery (a) Contractor shall implement business continuity procedures to fulfill all requirements of this agreement that address, as a minimum, fire, theft, natural disaster, technical difficulty, workforce problems equipment failure, or other disruption of business. (b) Contractor shall maintain a disaster recovery plan. Contractor is responsible for all project related costs of disaster recovery during the project except for costs associated with disasters beyond Contractor's reasonable control, and for those costs included as part of the TxDOT infrastructure responsibilities. 2.4 Open Records Requests Contractor shall not release Information in response to an open record request related to this agreement request unless TxDOT has approved the release in writing. 2.5 Encryption Attachment D - Information Resources and Security Requirements D-1 Revised 2022-04-26 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: CSJ # 1 0902-90-229 Federal Highway Administration: CFDA No. 20.205 District # 102-FTw I AFA ID I Z00004032 Code Chart 64 # 1 15000 Project Name I Butler Housing Project CFDA Title Highway Planning and Construction AFA Not Used For Research & Development For Sensitive, Confidential, and Regulated TxDOT Data, the Contractor shall ensure TxDOT Data is encrypted while in -transit and while at -rest in accordance with the TxDOT Controls Catalog Standard SC-13, Cryptographic Protection and SC-08,Transmission Confidentiality and Integrity security requirements. 2.6 Accessibility Contractor shall ensure all products provided under this agreement comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1Texas Administrative Code JAC) Chapters 206 and 213. 3. INFORMATION RESOURCE AND SECURITY REQUIREMENTS 3.1 Information Security Safeguards (a) Contractor shall implement appropriate administrative, physical, and technical safeguards, in accordance with TxDOT's security requirements, that reasonably and appropriately protects the confidentiality, integrity, and availabilityof TxDOT Data. (b) Contractor shall conform its policiesand procedures relatingto the implementation of security safeguards to complywith TxDOT's Information Resources security program pursuant to the TxDOT and DIR's Information Security Controls Catalog Standards. 3.2 Potential Cybersecurity Incident or Breach Notification Contractor shall immediately report to TxDOT via the Report Cybersecurity Incident Page on TxDOT.gov, any potential cybersecurity incident or breach involvingTxDOT Data (See Section 4, Definitions). 3.3 Demonstrating Compliance with Information Security Requirements Prior to contract award, at renewal, and on a recurring basis, Contractor must provide a TxDOT Security Questionnaire as documented in the contract. Additionally, upon reasonable notice to the Contractor, and if TxDOT determines that the Contractor has violated this agreement, TxDOT, directly or through its agent, may request an attestation, which may include additional attestations, and evidence that Contractor is in compliance with applicable laws, regulations, and standards outlined in 3.5. 3.4 Security Training In accordance with Section 2054.5192 of the Texas Government Code, each Contractor -Related Entity that will access a TxDOT computer system or database must complete a TxDOT approved cybersecurity training program that is certified under Section 2054.5192 of the Texas Government Code. The training program must be completed during the term of the contract and during any renewal period. The Contractor shall provide verification of completion of the cybersecurity training program in a method designated by TxDOT. 3.5 Applicable Laws, Regulations, and Standards Contractor shall perform the services in accordance with the following standards, notifyTxDOT of situations where compliance is not achievable, and assist TxDOT with the prevention of security gaps or conflicts that could impair security performance. Contractor shall complywith all applicable federal, state, and local laws and regulations necessary to perform the services. A non -exhaustive list of federal, state, and local laws and regulations that might be applicable include the following. (1) DIR Security Controls Standard Catalog and applicable TxDOT Security Requirements Attachment D - Information Resources and Security Requirements D-2 Revised 2022-04-26 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: CSJ # 10902-90-229 District # 102-FTw I AFA ID I Z00004032 Code Chart 64 # 115000 Project Name I Butler Housing Project Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development (A) For Public Data, TxDOT and DIR Security Controls Standards Catalog low baseline and applicable TxDOT security requirements. (B) For Sensitive Data TxDOT and DIR Security Controls Standards Catalog low baseline with Sensitive overlay and applicable TxDOT security requirements. (C) For Confidential Data, TxDOT and DIR Security Controls Standards Catalog moderate baseline and applicable TxDOT security requirements. (D) For Regulated Data, TxDOT and DIR Security Controls Standards Catalog moderate baseline, applicable TxDOT security requirements, and applicable regulated security requirements. (2) TX -RAMP Requirements (A) Contractor shall ensure that any Contractor -Related Entities providing a Cloud Computing Service to TxDOT that creates, accesses, transmits, uses, or stores TxDOT Data must be authorized in the Texas Risk and Authorization Management Program ("TX -RAMP") (B) TxDOT may approve the use of a TX -RAMP provisional status in lieu of a TX -RAMP certification. This approval is not effective unless approved in writing bythe TxDOT Chief Information Security Officer ("CISO") and DIR. (C) Applicable Contractor -Related Entities must achieve the following levels of authorization by the following dates for any new contract or renewal of existing contract: a. Low Security Baseline - TX -RAMP Level 1 Status no laterthan January 1, 2023 b. Moderate Security Baseline - TX -RAMP Level 2 Status no later than January 1, 2022 C. High Security Baseline - 1. TX -RAMP Level 2 Status no later than January 1, 2022 2. Federal Risk and Authorization Management Program ("FedRAMP") High Baseline no later than January 1, 2022 (3) State Laws and Regulations: (A) Texas Administrative Code, Chapter 202 - Information Security Standards (B) Texas Administrative Code, Chapter 206 - State Websites (C) Texas Administrative Code, Chapter 213 - Electronic and Information Resources (D) Texas Government Code, Chapter 552 - Public Information (E) Texas Government Code, Chapter 2054 - Information Resources (F) Texas Penal Code, Chapter 33 - Computer Crimes (G) For Confidential data, Texas Business and Commerce Code, Chapter 521- Unauthorized Use of Identifying Information (H) For Confidential data containing Protected Health Information, Texas Health and Safety Code, Chapter 181 - Medical Records Privacy (1) For Regulated data containing Payment Card Industry ("PCI") information, the Attachment D - Information Resources and Security Requirements D-3 Revised 2022-04-26 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: CSJ # 1 0902-90-229 Federal Highway Administration: CFDA No. 20.205 District # 102-FTw I AFA ID I Z00004032 Code Chart 64 # 1 15000 Project Name I Butler Housing Project CFDA Title Highway Planning and Construction AFA Not Used For Research & Development Payment Card Industry Data Security Standards ("PCI-DSS") (J) For Regulated data containing Criminal Justice Information ("CA"), the Criminal Justice Information Services ("CJIS") Security Policy 3.6 Information Resources Technology (a) Any proposed information resources technology that will be installed on anyTxDOT owned equipment or that will access anyTxDOT network must be reviewed and approved by the ITD Architectural Review Board ("ARB") prior to any development or design. (b) Any proposed information resources technology that will be installed on anyTxDOT owned equipment or that will access anyTxDOT network must be reviewed and approved by the ITD Change Advisory Board ("CAB") prior to implementation or delivery. 3.7 Information Resources Technology("IRT") Procurements ITD must approve all procurements of: (1) Information Resources Technologythat will be owned byTxDOT. (2) IT services for any environment that provides processing, storage, networking, management and the distribution of data to ensure alignment with Texas Government Code, Chapter 2054, Subchapter L. 3.8 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment In accordance with 2 CFR §§ 200.216 and 200.471, Contractor shall not provide services, equipment, or systems for telecommunications or video surveillance that (a) are provided or manufactured by or (b) have components provided or manufactured by any of the following business entities: (1) Huawei Technologies Company (2) ZTE Corporation (3) Hyatera Communications Corporation (4) Hangzhou Hikvision Digital Technology Company (5) Dahua Technology Company (6) Any subsidiary or affiliate of an entity listed above 3.9 Background Checks Required for Access to TxDOT Data and TxDOT Systems (a) Contractor shall ensure that a Background Check is performed on each Contractor -Related Entity prior to that person receiving access to anyTxDOT system. (b) Contractor shall ensure that a Background Check is performed on each Contractor -Related Entity prior to that person receiving access in a Contractor -Related Entity Environment to TxDOT Data that requires a Moderate or High Security Baseline (c) A "Background Check" must include the following: (1) Verification of Social Security number; (2) All true alias names and counties (3) Federal and county level checks for felony and misdemeanor arrest and convictions for the past seven years, including sentencesof deferred adjudication - all names; Attachment D - Information Resources and Security Requirements D-4 Revised 2022-04-26 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: CSJ # 1 0902-90-229 Federal Highway Administration: CFDA No. 20.205 District # 102-FTw I AFA ID I Z00004032 Code Chart 64 # 1 15000 Project Name I Butler Housing Project CFDA Title Highway Planning and Construction AFA Not Used For Research & Development (4) Search of national criminal database - all names; (5) Search of state and national sex offender registry - all names; and (6) Search of the government sanction registry listings. (d) Contractor shall not allow any Contractor -Related Entity for which Contractor received any unfavorable result when conducting a Background Check to access TxDOT Data or anyTxDOT System. (e) TxDOT may make exceptions to 3.9(d) on a case -by -case basis. Any exception granted byTxDOT must be in writing to be effective. (f) Upon request byTxDOT, Contractor shall provide documentation that demonstrates to TxDOT's satisfaction that Background Checks have been conducted as required and that no Contractor - Related Entity with one or more unfavorable results has received access to TxDOT Data or any TxDOT System. (g) Contractor shall immediately notifyTxDOT if it learns of any change in status that might cause a Contractor -Related Entity to receive an unfavorable result from a Background Check. (h) If Contractor fails meet the requirements of 3,9, TxDOT mayterminate this contract immediately with no further liabilityto the Contractor. 3.10 Interconnection of TxDOT and Contractor -Related Entity Environment If a Contractor -Related Entity has or will have one or more interconnections between an Information System in that Contractor -Related Entity's Environment and a TxDOT System or Systems, the Contractor shall execute or cause to be executed an Interconnection Security Agreement ("ISA") for each interconnection. An executed ISA must be provided to TxDOT for each new interconnection prior to connection. 3.11 Upon request byTxDOT, Contractor shall provide any additional information or documentation that TxDOT determines is necessary to confirm a Contractor -Related Entity's compliance with this section. If Contractor fails to provide requested information as required, TxDOT may terminate this contract immediately with no further liability to the Contractor. 4. DEFINED TERMS 4.1 "baseline" means the set of minimum security controls defined for a low -impact, moderate -impact, or high -impact information system. Information on applicable baselines is available at httr)s://www.txdot.gov/inside-txdot/division/i nformati orrtechnologv/Cvbersecurity/cvbersecurity- resources.html. 4.2 "Breach" means "breach of system security" as defined in Section 521.053(a) of the Texas Business and Commerce Code, which defines breach of system security as "the unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrityof sensitive personal information maintained bya person, includingdata that is encrypted if the person accessingthe data has the key required to decrypt the data." 4.3 "Cloud Computing Service" means a model for enabling ubiquitous, convenient, on -demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services)that can be rapidly provisioned and released with minimal management effort or service provider interaction. Cloud computing is referenced in Texas Government Code Title 10, Subtitle D, Chapter 2157, SubchapterA, Section 2157.007 and is defined in NIST 800-145. Attachment D - Information Resources and Security Requirements D-5 Revised 2022-04-26 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: CSJ # 10902-90-229 District # 102-FTw I AFA ID I Z00004032 Code Chart 64 # 115000 Project Name I Butler Housing Project Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development 4.4 "Confidential Information" has the meaning provided in 1 Texas Administrative Code § 202.1(5), which states the confidential information means "information that must be protected from unauthorized disclosure or public release based on published laws or legal agreements." Information that is Confidential Information under this definition includes: (a) Dates of birth of living persons (b) Driver's license numbers (c) License plate numbers (d) Credit card numbers (e) Insurance policy numbers (f) Attorney -Client communications (g) Drafts of policymaking documents (h) Information related to pending litigation (i) Audit working papers 0) Competitive bidding information before contract awarded. (k) Personal Identifiable Information (1) Sensitive Personal Information (m) Regulated data (n) Information excepted from disclosure requirements of Chapter 552 of the Texas Governme nt Code ("Texas Public Information Act") or other applicable state or federal law (o) Compliance reports for which the Texas Attorney General has granted permission to withhold (p) Investigative working papers and draft reports excepted from disclosure under Sect! on 552.116 of the Texas Government Code 4.5 "Contractor -Related Entity" means Contractor; subcontractors; their employees, agents and officers; and all other persons for whom Contractor might be legally or contractually responsible. 4.6 "Contractor -Related Entity Environment" means an Environment for which TxDOT does not manage or control the system environment, servers, operating systems, or storage with the exception of user - specific configuration settings. 4.7 "Data" means the representation of facts; as the raw material of information that is used as a basis for reasoning, decision -making, discussion, or calculation. 4.8 "Data Dictionary" means a directoryof the definitions, purpose, policiesand structure about data. It is a compilation of information about the data owned bythe enterprise. It describes every data item in a database in enough detail for users and application developers to knowwhat the data is and how to make use of it. 4.9 "Environment" means an aggregate of procedures, conditions, and objects affecting the development, operation, and maintenance of an information system. 4.10 "Information" means data, regardless of form, that is created, contained in, or processed by information resources facilities, communications networks, or storage media. Attachment D - Information Resources and Security Requirements D-6 Revised 2022-04-26 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: CSJ # 1 0902-90-229 Federal Highway Administration: CFDA No. 20.205 District # 102-FTw I AFA ID I Z00004032 Code Chart 64 # 1 15000 Project Name I Butler Housing Project CFDA Title Highway Planning and Construction AFA Not Used For Research & Development 4.11 "Information Resources Technology" means data processing and telecommunications hardware, software, services, supplies personnel, facility resources, maintenance and training that are employed, designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information. 4.12 "Information System" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.An Information System normally includes, but is not limited to, hardware, software, network infrastructure, information, applications, communications, and people. 4.13 "Personal Identifying Information" means information that alone or in conjunction with other information identifies an individual, including an individual's: (a) Name, social security number, date of birth, or governmentmissued identification number; (b) Mother's maiden name; (c) Unique biometric data, including the individual's fingerprint, voice print, and retina or iris image; and (d) Unique electronic identification number, address, or routing code. 4.14 "Potential Cybersecurity Incident" means an event which may result in the accidental or deliberate unauthorized access, loss, disclosure, modification, disruption, or destruction of information or information resources. 4.15 "Public Data" means Data that is subject to public disclosure pursuant to the Texas Public Information Act and freely and without reservation made available to the public. 4.16 "Public information" means information written, produced, collected, assembled, or maintained byor for a governmental body, including information held by individual officers or employees of a governmental body, in connection with the transaction of official TxDOT business. This includes information that is held by contractors and consultants and that TxDOT owns, to which TxDOT has a right of access, or on which public moneywas spent for the purpose of writing, producing, collecting, assembling, or maintaining the information. Public information includes any electronic communication created, transmitted, received, or maintained on any device if the communication is in connection with the transaction of official business. Public information may be stored in any medium and may exist in forms such as books, papers, letters, documents, e-mails, Internet postings, text messages, instant messages, printouts, photographs, maps, drawings, and audio and video recordings. Public information does not include tangible items, such as computers or guardrails. 4.17 "Regulated Data" means information for which the use and protection of is dictated by a state or federal agency or bythird party agreements. 4.18 "Sensitive Data" means information that could be subject to release under an open records requests, but should be controlled to protect third parties, and should be vetted and verified before release. At TxDOT, this could include operational information, personnel records, research, or internal communications. 4.19 "Sensitive Personal Information" has the meaning provided by Section 521.002(2) of the Texas Government Code, which definessensitive personal information as: (a) An individual's first name or first initial and last name in combination with anyone or more of Attachment D - Information Resources and Security Requirements D-7 Revised 2022-04-26 DocuSign Envelope ID: C455C09B-D8B2-4C9D-AB06-ED0824B7FC95 TxDOT: CSJ # 10902-90-229 District # 102-FTw I AFA ID I Z00004032 Code Chart 64 # 115000 Project Name I Butler Housing Project Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development the following items, if the name and item are not encrypted: (1) Social Security Number (2) Driver's license number or government -issued identification number; or (3) Account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to an individual's financial account; or (b) Information that identifies an individual and relates to: (1) The physical or mental health or condition of the individual; (2) The provision of health care to the individual; or (3) Payment for the provision of health care to the individual. 4.20 "TxDOT Security Questionnaire" means a cybersecurity and privacy questionnaire that provides TxDOT ITD necessary information for third party attestation in accordance with TxDOT requirements. 4.21 "TxDOT System" means an Information System that is owned, managed, or maintained by TxDOT or on behalf of TxDOT. Attachment D - Information Resources and Security Requirements D-8 Revised 2022-04-26 ADVANCE FUNDING AGREEMENT CSJ: 0902-90-229 PROJECT NAME: Butler Housing Project ADDITIONAL ROUTING SIGNATURES CITY OF FORT WORTH Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Mike Landvik / Name of Employee/Signature Title: Transportation Planning Manager Email: Michael.landvik@fortworthtexas.gov APPROVAL RECOMMENDED: BY: Lauren Prieur(Sep 6, 202310:13 CDT) Lauren Prieur, Director Transportation and Public Works Email: lauren.prieur@fortworthtexas.gov CONTRACT AUIZATION M&C: 23-0637 Date Approved: 8/8/2023 Form 1295: N/A APPROVED AS TO FORM AND LEGALITY: Douglas W. Black Senior Assistant City Attorney Email: douglas.black@fortworthtexas.gov ATTEST AS TO CITY MANAGER SIGNATURE: 44U4U�� � pp BY: Jannette Goodall °°o°o //�10 d City Secretary a��b nEXA?o4� Email: jannette.goodall@fortworthtexas.gov OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: 08/08/23 M&C FILE NUMBER: M&C 23-0637 LOG NAME: 20BUTLER PLACE STUDY AFA & CONSULTANT CONTRACT SUBJECT (CD 8, CD 9 and CD 11) Adopt a Resolution Authorizing the Execution of an Advanced Funding Agreement with the Texas Department of Transportation in the Total Amount of $2,743,253.00 for the Butler Housing Project Which Includes the City Participation in the Total Amount of $743,253.00, Authorize Execution of a Professional Service Agreement with AECOM in the Amount Up to $2,700,000.00 for the Butler Place Study, Adopt Appropriation Ordinances and Amend the Fiscal Years 2023-2027 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution authorizing execution of the Advance Funding Agreement (CSJ# 0902-90-229) with the Texas Department of Transportation for Surface Transportation Block Grant Program - Butler Housing project (City Project No.103807) in the amount of $2,743,253.00, with Federal participation in the amount of $2,000,000.00 and city participation in the amount of $743,253.00; 2. Authorize execution of a professional services agreement with AECOM in the amount up to $2,700,000.00 for the Butler Place Access-Dev Plan project (City Project No. 103807) 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the General Capital Projects Fund by increasing estimated receipts and appropriations in Butler Place Access - Dev Plan project (City Project No. 103807) in the amount of $95,000.00 and decreasing estimated receipts and appropriations in the Contract Street Maintenance programmable project (City Project No. P00020) by the same amount, for additional project costs. 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Capital Projects Federal Fund in an amount up to $2,500,000.00 for the Butler Place Access-Dev Plan project (City Project No. 103807); 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the 2007 CritCap Proj-CO2013A Fund in the amount of $650,803.00, from available funds, for the Butler Place Access-Dev Plan project (City Project No. 103807); 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the 2004 Bond-GO2013 Fund in the amount of $80,720.00, from available funds, for the Butler Place Access-Dev Plan project (City Project No. 103807); 7. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the General Capital Projects Fund in the amount of $50,000.00 by increasing estimated receipts and appropriations in the Butler Place Access-Dev Plan project (City Project No. 103807) and by decreasing estimated receipts and appropriations in the Transit Initiatives programmable project (City Project No. P00129) by the same amount; 8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Capital Projects Fund in the amount of $161,730.00, from available funds, for the Butler Place Access-Dev Plan project (City Project No. 103807); and 9. Amend the Fiscal Years 2023-2027 Capital Improvement Program. 1]6Y0i11*1IQk,F The City of Fort Worth Transportation and Public Works Department along with the North Central Texas Council of Governments (NCTCOG) seeks to develop a transportation/land use coordination regulating plan that generally includes the former Butler Place Public Housing Complex, IM Terrell Academy, and adjacent area. The study will not only provide transportation and land -use coordination strategies, but develop projects to enhance access and mobility. The project outcomes outlined in the scope should further advance the City's urban village program and comply with comprehensive planning goals. The purpose of this Mayor and Council Communication (M&C) is to adopt a Resolution authorizing the City Manager to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT). The AFA details the responsibilities of both the City and TxDOT in the development of the project. This M&C also adopts an appropriation ordinance to accept federal grant funds for the project. Additionally, this M&C adopts an appropriation ordinance to increase the General Capital Projects Fund. Finally, this M&C recommends engaging AECOM as the engineer to perform professional services for this project. The AECOM contract includes an additional $200k to study traffic circulation in areas of Downtown adjacent to Butler Place. This additional scope is beyond the federal project scope covered in the TxDOT AFA and is locally funded. It is included in the AECOM contract because it's interrelated to the Butler study scope. The project is expected to start in summer 2023 and be completed by late 2024. Appropriations for the Butler Housing project are as depicted below: Fund 31001 - Grants Capital Projects Federal Fund 130100 - General Capital Projects P00020 Existing Funding (Additional Funding I Project Total I $0.00 $2,500,000.00 $2,500,000.00 $0.00 $95,000.00 $95,000.00 Fund 34012 - 2007 CritCapProj - CO2013A 134009 - 2004 Bond - Go2013 I30100 - Transit Initiatives P00129 I30100 - General Capital Projects (Project Total Existing FundingllAdditional Funding Project Total $0.00 $650,803.00 $650,803.00 $0.00 $80,720.00 $80,720.00 $0.00 $50,000.00 $50,000.00 $0.00 $161,730.00 $161,730.00 $0.00 $3,538,253.001$3,538,253.00 The Request for Proposals (RFP) was issued on November 4, 2022 and was advertised in the Fort Worth Star -Telegram on November 7 and on November 14, 2022. On December 1, 2022 the following response was received: (Ranking OrderProposersl 11 JAECOM AECOM was selected as the successful candidate based on the following criteria: previous experience, effective planning processes and outcomes, project management/availability of consultant(s), work quality and references, and additional services, ideas, innovation or products. The solicitation was widely distributed and the sole proposer was deemed responsive and qualified by the proposal evaluation committee. M/WBE OFFICE - This is a federally funded project and a Disadvantaged Business Enterprise (DBE) goal of 8% was established by TxDOT. AECOM TECHNICAL SERVICES, INC. is in compliance with the City's Business Equity Ordinance by committing to 8% MWBE participation on this project. The City's MWBE goal on this project is 8% Funding for this project was not included in the Fiscal Years 2023-2027 Capital Improvement Program (CIP) because the project and funding sources were unknown at the time of its development. This action in this M&C will amend the Fiscal Years 2023-2027 Capital Improvement Program as approved in connection with Ordinance 25773-09-2022. Funding is budgeted in the TPW Dept Highway & Streets Department's General Capital Projects, 2007 CritCapProj-0O2013A, 2004 Bond - Go2013 and Grants Capital Projects Federal Funds for the purpose of funding the Butler Place Access-Dev Plan project. Approval of a recommendation 1 would adjust appropriations between a programmable project and convert the Butler Place Access-Dev Plan project (City Project No. 103807) into a static capital project. This action is needed as future funding for Butler Place Access-Dev Plan project (City Project No. 103807) is anticipated from other sources and the scope of this project differs from that of current programmable project. The Butler Housing Project is located in COUNCIL DISTRICTS 8, 9 and 11 FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified -All Funds project within the 2007 CritCapProj - 0O2013A, 2004 Bond - Go2013 and General Capital Projects Funds and available in the Transit Initiatives programmable project within the General Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Grants Capital Projects Federal, 2007 CritCapProj - CO2013A, 2004 Bond - Go2013 and General Capital Projects Funds for the Butler Place Access - Dev Plan project to support the above recommendations and execution of the agreements. Prior to an expenditure being incurred, the Transportation and Public Works Department has the responsibility of verifying the availability of funds. Submitted for Citv Manaaer's Office bv: William Johnson 5806 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 Expedited