Ordinance No. 13,236ORDINANCE NO. 13,236
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN ADVANCE
FUNDING AGREEMENT WITH THE STATE OF TEXAS THROUGH THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND
CONSTRUCTION OF A CONCRETE HIKE AND BIKE TRAIL FROM
NORTHBOUND SH 146 INTO THE GOOSE CREEK TRAIL PHASE VI
DEVELOPMENT PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN OF AN AMOUNT NOT TO EXCEED FIVE HUNDRED
THOUSAND AND NO /100 DOLLARS ($500,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to an advance funding agreement for the
design and construction of a concrete hike and bike trail from northbound SH 146 into the Goose Creek
Trail Phase VI Development Project. A copy of said agreement is attached hereto, marked Exhibit "A,"
and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment in an amount
not to exceed FIVE HUNDRED THOUSAND AND N01100 DOLLARS ($500,000.00) in accordance
with the contract authorized in Section 1 hereof.
Section 3: That in addition to the amount specified in Section 2 hereof, the City Manager is
hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND
AND NO /100 DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 2 hereof
may not be increased by more than twenty -five percent (25%).
Section 4: This ordinance shall take effect immediately fro nd after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative v9t' of the City Council of the City of
Baytown this the 28h day of July, 2016. ' A
Mayor
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E ICIA BRYSCH, City Wrk
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APPROVED AS TO FORM: N f
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I NACIO RAMIREZ, SR., City
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W-KarenTiles,City Council ordinances\20l6Vuly 28V WdvancedFundingAgreement4ConcreteHike &BikeTrail.doc
Exhibit "A"
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District # 12 -HOU
Code Chart 64 # 50170
Project: SH 146 at Decker Dr.
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For An Operational Improvements On- system Project
THIS 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 Baytown , acting by and through
its duly authorized officials, called the "Local Government."
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements to
implement its public purposes; and
WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the
State shall design, construct and operate a system of highways in cooperation with local
governments; and
WHEREAS, federal and state laws require local governments to meet certain contract standards
relating to the management and administration of State and federal funds; and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 1144585,
authorizing the State to undertake and complete a highway improvement generally described as
roadway modification called the "Project; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this
agreement by resolution or ordinance dated , 20_, which is attached to and
made a part of this agreement as Attachment "A" for the improvement covered by this agreement.
A map showing the Project location appears in Attachment "B," which is attached to and made a
part of this agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties, to be by them respectively kept and performed as set forth in this
agreement, it is agreed as follows:
AGREEMENT
1. 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 Project is completed
or unless terminated as provided below.
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Project: SH 146 at Decker Dr.
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
2. Scope of Work
The project consists of the design and construction of a concrete Hike and Bike Trail from
north bound SH 146 into the Goose Creek Trail Phase VI development in Baytown, Harris
County.
3. Local Project Sources and Uses of Funds
A. The total estimated cost of the Project is shown in the Project Budget — Attachment "C ",
which is attached to and made a part of this agreement. The expected cash contributions
from the Federal or State government, the Local Government, or other parties are shown in
Attachment "C ". The State will pay for only those project costs that have been approved by
the Texas Transportation Commission. 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. 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.
B. If the Local Government will perform any work under this contract for which reimbursement
will be provided by or through the State, the Local Government must complete training
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. 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 designated a
qualified individual to oversee the Project.
C. The Project cost estimate shows how necessary resources for completing the Project will
be provided by major cost categories. These categories may include but are not limited to:
(1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment
and remediation; (4) cost of preliminary engineering and design; (5) cost of construction
and construction management; and (6) any other local project costs.
D. The State will be responsible for securing the Federal and State share of the funding
required for the development and construction of the local Project. If the Local
Government is due funds for expenses incurred, these funds will be reimbursed to the
Local Government on a cost basis.
E. The Local Government will be responsible for all non - federal or non -state participation
costs associated with the Project, otherwise provided for in this agreement or approved
otherwise in an amendment to this agreement. Where Special Approval has been granted
by the State, the Local Government shall only in that instance be responsible for overruns
in excess of the amount to be paid by the Local Government.
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Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
F. Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment C. At a minimum,
this amount shall equal the Local Government's funding share for the estimated cost of
preliminary engineering for the Project. At least sixty (60) days prior to the date set for
receipt of the construction bids, the Local Government shall remit its remaining financial
share for the State's estimated construction oversight and construction cost.
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." The check or warrant shall be deposited by the State and managed by
the State. The funds may only be applied by the State to the Project.
H. Upon completion of the Project, the State will perform an audit of the Project costs. Any
funds due by the Local Government, the State, or the Federal government will be promptly
paid by the owing party. If after final Project accounting any excess funds remain, those
funds may be applied by the State to the Local Government's contractual obligations to the
State under another advance funding agreement with approval by appropriate personnel of
the Local Government.
I. The State will not pay interest on any funds provided by the Local Government.
J. If a waiver has been granted, the State will not charge the Local Government for the
indirect costs the State incurs on the local Project, unless this agreement is terminated at
the request of the Local Government prior to completion of the Project.
K. If the Project has been approved for a specified percentage or a "periodic payment" non-
standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment
C will clearly state the specified percentage or the periodic payment schedule.
L. If the Local government is an Economically Disadvantaged County (EDC) and if the State
has approved adjustments to the standard financing arrangement, this agreement reflects
those adjustments.
M. When Special Approval has been granted by the State so that the Local Government bears
the responsibility for paying cost overruns, the Local Government shall make payment to
the State within thirty (30) days from the receipt of the State's written notification of those
amounts.
N. The state auditor may conduct an audit or investigation of any entity receiving funds from
the State directly under this contract or indirectly through a subcontract under this contract.
Acceptance of funds directly under this contract or indirectly through a subcontract under
this contract 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.
O. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
P. 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
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Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
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.
Q. The State will not execute the contract for the construction of the Project until the required
funding has been made available by the Local Government in accordance with this
agreement.
4. Termination of this Agreement
This agreement shall remain in effect until the project is completed and accepted by all parties,
unless:
A. The agreement is terminated in writing with the mutual consent of the parties;
B. The agreement is terminated by one party because of a breach, in which case any cost
incurred because of the breach shall be paid by the breaching party;
C. The Local Government elects not to provide funding after the completion of preliminary
engineering, specifications, and estimates (PS&E) and the Project does not proceed
because of insufficient funds, in which case the Local Government agrees to reimburse the
State for its reasonable actual costs incurred during the Project; or
D. The Project is inactive for thirty -six (36) 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 due to changes in the character of the work, terms of the
agreement, or responsibilities of the parties relating to the Project may be enacted through a
mutually agreed upon, written amendment.
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. Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of utility
facilities in accordance with applicable State laws, regulations, rules, policies, and procedures,
including any cost to the State of a delay resulting from the Local Government's failure to
ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning
of construction. The Local Government will not be reimbursed with federal or state funds for
the cost of required utility work. The Local Government must obtain advance approval for any
variance from established procedures. Before a construction contract is let, the Local
Government shall provide, at the State's request, a certification stating that the Local
Government has completed the adjustment of all utilities that must be adjusted before
construction is completed.
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Project: SH 146 at Decker Dr.
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
8. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental Policy
Act and the National Historic Preservation Act of 1966, which require environmental clearance
of federal -aid projects.
A. The Local Government is responsible for the identification and assessment of any
environmental problems associated with the development of a local project governed by
this agreement.
B. The Local Government is responsible for the cost of any environmental problem's
mitigation and remediation.
C. The Local Government is responsible for providing any public meetings or public hearings
required for development of the environmental assessment. Public hearings will not be
held prior to the approval of project schematic.
D. The Local Government is responsible for the preparation of the NEPA documents required
for the environmental clearance of this Project.
E. Before the advertisement for bids, the Local Government shall provide to the State written
documentation from the appropriate regulatory agency or agencies that all environmental
clearances have been obtained.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this agreement shall ensure that the plans for and the construction of all projects
subject to this agreement are in compliance with the Texas Accessibility Standards (TAS)
issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers
Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility
requirements to be consistent with minimum accessibility requirements of the Americans with
Disabilities Act (P.L. 101 -336) (ADA).
10. Architectural and Engineering Services
The Local Government has responsibility for the performance of architectural and engineering
services. The engineering plans shall be developed in accordance with the applicable State's
Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges
and the special specifications and special provisions related to it. For projects on the state
highway system, the design shall, at a minimum conform to applicable State manuals. For
projects not on the state highway system, the design shall, at a minimum, conform to
applicable American Association of State Highway and Transportation Officials design
standards. In procuring professional services, the parties to this agreement must comply with
federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas
Government Code 2254, Subchapter A, in all cases. Professional contracts for federally
funded projects must conform to federal requirements, specifically including the provision for
participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental
matters.
11. Construction Responsibilities
A. The Local Government shall advertise for construction bids, issue bid proposals, receive
and tabulate the bids, and award and administer the contract for construction of the
Project. Administration of the contract includes the responsibility for construction
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Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders that may become necessary subsequent to the
award of the construction contract. In order to ensure federal funding eligibility, projects
must be authorized by the State prior to advertising for construction.
B. The Local Government will use its approved contract letting and award procedures to let
and award the construction contract.
C. Upon completion of the Project, the party constructing the Project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
D. For federally funded contracts, the parties to this agreement will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR
Part 633, and shall include the latest version of Form "FHWA- 1273" in the contract bidding
documents. If force account work will be performed, a finding of cost effectiveness shall be
made in compliance with 23 CFR 635, Subpart B.
12. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads after
completion of the work and the State shall be responsible for maintenance of state highway
system after completion of the work if the work was on the state highway system, unless
otherwise provided for in existing maintenance agreements with the Local Government.
13. Right of Way and Real Property
The State is responsible for the provision and acquisition of any needed right of way or real
property.
14. 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:
Parks Planner
City of Baytown
2401 Market Street
Baytown, Texas 77522
State:
Director of Contract Services
Texas Department of Transportation
125 E. 11th Street
Austin, Texas 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.
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Project: SH 146 at Decker Dr.
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
15. 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.
16. 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 contractors, employees, representatives, and
agents.
17. 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 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 Government shall be transmitted to
the State in the form of photocopy reproduction on a monthly basis as required by the State.
The originals shall remain the property of the Local Government. At the request of the State,
the Local Government shall submit any information required by the State in the format directed
by the State.
18. Compliance with Laws
The parties shall comply with 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.
19. 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.
20. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and
allocable to the Project.
21. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and
with the property management standard established in Title 49 CFR §18.32.
22. 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,
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Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or
their duly authorized representatives for review and inspection at its office during the contract
period and for four (4) years from the date of completion of work defined under this contract 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.
23. Civil Rights Compliance
A. Compliance with Regulations: The Local Government will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally- assisted programs of the U.S.
Department of Transportation, the Federal Highway Administration, as they may be
amended from time to time.
B. Nondiscrimination: The Local Government, with regard to the work performed by it
during the contract, shall not discriminate on the grounds of race, color, sex, 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 contract covers any activity, project, or program set forth in Appendix B
of 45 CFR Part 21.
C. Solicitations for Subcontracts, Including 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 shall be notified by the Local
Government of the Local Government's obligations under this contract and the Acts and
Regulations relative to Nondiscrimination on the grounds of race, color, or national origin.
D. Information and Reports: The Local Government shall 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 Federal Highway Administration 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 Federal Highway Administration, as appropriate, and shall 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 contract, the State will impose such contract
sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
a. withholding of payments to the Local Government under the contract until the Local
Government complies and /or
b. cancellation, termination, or suspension of the contract, in whole or in part.
F. Incorporation of Provisions: The Local Government will include the provisions of
paragraphs (A) through (E) in every subcontract, including procurement of materials and
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Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
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
subcontract or procurement as the State or the Federal Highway Administration may direct
as a means of enforcing such provisions including sanctions for noncompliance provided,
however, that in the event an Local Government becomes involved in, or is threatened
with, litigation with a subcontractor or supplier as a result of such direction, the Local
Government may request the Texas Department of Transportation to enter into such
litigation to protect the interests of the State; and, in addition, the Local Government may
request the United States to enter into such litigation to protect the interests of the United
States.
24. Disadvantaged Business Enterprise (DBE) Program Requirements
A. The parties shall comply with 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 set 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 have final decision - making authority
regarding the DBE goal and 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: / /ftp.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 contract or 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 carry out 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 - contractor shall 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
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CFDA No.: 20.205
Not Research and Development
breach of this agreement, which may result in the termination of this agreement or such
other remedy as the recipient deems appropriate.
25. Debarment Certifications
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 contract shall require any party to a subcontract or purchase order
awarded under this contract to certify its eligibility to receive federal funds and, when
requested by the State, to furnish a copy of the certification.
26. Lobbying Certification
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 submit the 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.
27. Insurance
If this agreement authorizes the Local Government or its contractor to perform any work on
State right of way, before beginning work the entity performing the work shall provide the State
with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the
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CFDA No.: 20.205
Not Research and Development
existence of coverage in the amounts and types specified on the Certificate of Insurance for all
persons and entities working on State right of way. This coverage shall be maintained until all
work on the State right of way is complete. If coverage is not maintained, all work on State
right of way shall cease immediately, and the State may recover damages and all costs of
completing the work.
28. Federal Funding Accountability and Transparency Act Requirements
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:
http: / /www.gpo.gov /fdsys /pkg /FR- 2010- 09- 14/pdf/2010- 22705.pdf and
http : / /www.gpo.gov /fdsys /pkg /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: https: / /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 http: / /fedgov.dnb.com /webform; and
3. Report the total compensation and names of its top five (5) 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.
29. Single Audit Report
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-
502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200.
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 Audit Office, 125 East 11 th Street, Austin, TX 78701 or contact TxDOT's Audit
Office at http: / /www.txdot.gov/ inside - txdot/office /audit/contact.html.
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 Audit Office as follows: "We did
not meet the $750,000 expenditure threshold and therefore, are not required to have a
single audit performed for FY 2016."
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- AFA_LongGen Page 11 of 13 Revised 04/29/2016
CSJ # 0389 -13 -060
District # 12 -HOU
Code Chart 64 # 50170
Project: SH 146 at Decker Dr.
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
30. Non - Discrimination Provisions
A. Relocation Assistance: 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.
B. Disability:
a. 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.
b. Titles II and III of the Americans with Disabilities Act, which prohibit 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 the Department of Transportation regulations at 49
C.F.R. parts 37 and 38.
C. Age: The Age Discrimination Act of 1974, as amended, (42 U.S.C. § 6101 et. Seq.),
prohibits discrimination on the basis of age.
D. Race, Creed, Color, National Origin, or Sex:
a. The Airport and Airway Improvement Act of 1982 (49 U.S.C. § 4.71, Section 4.7123), as
amended, prohibits discrimination based on race, creed, color, national origin, or sex.
b. The Federal Aviation Administration's Nondiscrimination state (4 U.S.C. § 47123)
prohibits discrimination on the basis of race, color, national origin, and sex.
c. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et. seq.), prohibits discrimination on
the basis of sex.
d. Title IX of the Education Amendments of 1972, as amended, prohibits discrimination
because of sex in education program or activities (20 U.S.C. 1681 et. seq.).
E. Civil Rights Restoration Act: 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 and 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.
F. Minority Populations: Executive Order 12898, Federal Actions to Address Environmental
Justice in Minority Populations and Low - Income Populations, which ensures non-
discrimination against minority and low- income populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low- income populations.
G. Limited English Proficiency: 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 Engineer must take reasonable steps to ensure that
LEP persons have meaningful access to its programs (70 Fed. Reg. at 74087 to 74100).
AFA- AFA_LongGen Page 12 of 13 Revised 04/29/2016
CSJ # 0389 -13 -060
District —# 12 -HOU
Code Chart 64 # 50170
Project: SH 146 at Decker Dr.
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
31. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
Date
THE STATE OF TEXAS
Kenneth Stewart
Director of Contract Services
Texas Department of Transportation
Date
AFA- AFA_LongGen Page 13 of 13 Revised 04/29/2016
CSJ # 0389 -13 -060
District # 12 -HOU
Code Chart 64 # 50170
Project: SH 146 at Decker Dr.
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
ATTACHMENT A
RESOLUTION OR ORDINANCE
AFA- AFA_LongGen Page 1 of 1 Attachment A
A
A, i
CSJ # 0389 -13 -060
District # 12 -HOU
Code Chart 64 # 50170
Project: SH 146 at Decker Dr.
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
ATTACHMENT B
PROJECT LOCATION MAP
(Phase Vlof loose CreekTrad
5H 146 I
+
414 +•t` +'
m Goose CreekTrad
�r �� fir/
+ r*
DECKER DR
e
i.
tl
AFA -AFA LongGen Page 1 of 1 Attachment B
CSJ # 0389 -13 -060
District # 12 -HOU
Code Chart 64 # 50170
Project: SH 146 at Decker Dr.
Federal Highway Administration
CFDA Title: Highway Planning and
Construction
CFDA No.: 20.205
Not Research and Development
ATTACHMENT C
PROJECT BUDGET
The Local Government is responsible for all costs, excluding direct and indirect State costs.
The Local Government is also responsible for 100% of any overruns.
Description
otal Estimated
Federal
State
%
Local
Cost
Participation
Participation
Participation
Cost
Cost
Cost
Engineering
$50,000.00
$0
$0
100%
$50,000.00
(by Local
Government
Construction
$450,000.00
0
$0
100%
$450,000.00
(by Local
Government
Subtotal
$500,000.00
0
0
100%
500,000.00
Environmental Direct
$0
Ito
$0
$0
State Costs
Right of Way Direct
$0
0
k$0
$0
State Costs
Engineering DirJe$
00.00
0
$2,500.00
$0
State Costs
Utility Direct St
$0
$0
$0
Costs
Construction Di00.00
$0
$5,000.00
$0
State Costs
Indirect State C0.00
0
$500.00
;$0
TOTAL
8,000.00
0
8,000.00
$500,000.00
Initial payment by the Local Government to the State: $0
Payment by the Local Government to the State before construction: $0
Total payment by the Local Government to the State: $0
The final amount of Local Government participation will be based on actual costs.
AFA- AFA_LongGen Page 1 of 1 Attachment C