R-10-10-14-9F4 - 10/14/2010RESOLUTION NO. R -10-10-14-9F4
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local
governments and agencies of the state to enter into agreements with one another to perform
governmental functions and services, and
WHEREAS, on April 8, 2010, the City of Round Rock ("City") approved an Advance Funding
Agreement ("Agreement") with the State of Texas, acting through the Texas Department of
Transportation ("TxDOT"), regarding the FM 1460 Project — 0.4 miles North of US 79 to North of Old
Settlers Boulevard (`Project'), and
WHEREAS, after construction began on the Project, the City received federal funding toward
the cost of City requested change orders on the Project, and
WHEREAS, the City Council now desires to void the Agreement in its entirety and replace it
with a new Advance Funding Agreement, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an Advance
Funding Agreement for an Earmark Project (On -System) with TxDOT, a copy of same being attached
hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 14th day of October, 2010.
ATTEST:
SARA L. WHITE, City Secretary
O:\wdo 112 12I005 \MUNICIPAL\00204425.DOC/rmc
ALAN MCGRAW, Mayor
City of Round Rock, Texas
EXHIBIT
STATE OF TEXAS §
COUNTY OF TRAVIS §
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LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For An
Earmark Project
(On -System)
6
THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by
and through the Texas Department of Transportation hereinafter called the "State", and the
City of Round Rock, acting by and through its duly authorized officials, hereinafter 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 108812, authorizing
the State to undertake and complete a highway improvement generally described as widen
roadway facility; and,
WHEREAS, after construction began on the Project, the City received federal funding toward
the cost of City requested change orders on the Project; therefore, Voluntary Advance
Funding Agreement executed April 23, 2010, is voided in its entirety and is being replaced
with this Advance Funding Agreement; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this
Agreement by resolution or ordinance dated which is attached
hereto and made a part hereof as Attachment A for the construction to upgrade to a four lane
with continuous left turn lane roadway facility at the location shown on the Map in Attachment
B hereinafter referred to as the Project.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as
hereinafter set forth, it is agreed as follows:
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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.
2. Scope of Work
The scope of the work to be included under this Agreement is construction of city
requested change orders within the project limits of the Project constructed under State
identifier CSJ 2211-02-015.
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 hereto and made a part hereof. The expected cash contributions
from the federal or State government, the Local Governments, or other parties is
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 issuance of a formal Letter of Authority by the Federal Highway Administration.
The Local Government is responsible for 100% of the cost of any work performed
under its direction or control before the federal Letter of Authority is formally issued.
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 a letter of authority is issued. 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 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 Govemment 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.
b. This 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.
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c. 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.
d. The Local Government will be responsible for all non-federal or non -State participation
costs associated with the Project, including any overruns in excess of the approved
local Project budget unless otherwise provided for in this Agreement or approved
otherwise in an amendment to this Agreement.
e. 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.
f. In the event that 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.
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 Trust Fund." The check or warrant shall be deposited
by the State in an escrow account to be managed by the State. Funds in the escrow
account may only be applied to the State 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, excess funds
remain in the escrow account, those funds may be applied by the State to the Local
Government's contractual obligations to the State under another advance funding
agreement.
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 "fixed price" or an "incremental payment" non-
standard funding or payment arrangement under 43 TAC §15.52, the budget in
Attachment C will clearly state the amount of the fixed price or the incremental
payment schedule.
1. If the Local government is an Economically Disadvantaged County and if the State
has approved adjustments to the standard financing arrangement, this Agreement
reflects those adjustments.
m. The state auditor may conduct an audit or investigation of any entity receiving funds
from the state directly under the contract or indirectly through a subcontract under the
contract. Acceptance of funds directly under the contract or indirectly through a
subcontract under this contract acts as acceptance of the authority of the state
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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.
n. 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.
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; or
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.
5. Amendments
Amendments to this Agreement due to changes in the character of the work or 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
For City requested change orders that require the adjustment, removal, or relocation of
utility facilities, 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 Govemment 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.
8. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental
Policy Act and other environmental laws which require environmental clearance of
federal -aid projects.
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a. Unless otherwise specified in Attachment C and except to the extent that the State will
have already met environmental requirements on the date this agreement is executed,
the State secured a Finding of No Significant Impact (FONSI) from the Federal
Highway Administration on February 7, 2001. A reevaluation of the Environmental
Assessment (EA) was approved on October 8, 2008. The reevaluation extends
environmental approval for three years from October 8, 2008 if there are no changes
to the design presented in the original EA and the reevaluation of the FONSI. If
change orders includes changes to the design approved by the FONSI the Local
Government will be responsible for obtaining any necessary environmental clearances
or permits for those design changes.
b. Unless otherwise specified in Attachment C and except to the extent that the State will
have already met environmental requirements on the date this agreement is executed,
the Local Government is responsible for the cost of any environmental problem's
mitigation and remediation.
c. Unless otherwise specified in Attachment C, the State has satisfied the Public
Involvement activities for this Project through a public hearing held on October 3,
2000. The State has certified that the public hearing was held in accordance with
applicable rules, the Civil Right Act of 1964, and the Civil Rights Restoration Act of
1987. Any necessary additional public involvement that may be required by any
design changes may not be held before environmental documents are approved for
further processing and may not be held before approval of all highway schematics for
the particular Project.
d. Unless otherwise specified in Attachment C and except to the extent that the State will
have already met environmental requirements on the date this agreement is executed,
the Local Government is responsible for the preparation of all documents required for
the environmental clearance of the Project.
e. Unless otherwise specified in Attachment C and except to the extent that the State will
have already met environmental requirements on the date this agreement is executed,
the Local Government shall provide to the State written documentation from the
appropriate regulatory agency(s) that all environmental clearances have been
obtained prior to beginning work.
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 for applicable change orders requested by the city.
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,
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at a minimum conform to applicable American Association of State Highway and
Transportation Officials design standards. The engineering plans shall be developed in
accordance with the current edition of the Standard Specifications for Construction and
Maintenance of Highways, Streets, and Bridges.
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 services 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 State has advertised for construction bids, issued bid proposals, received and
tabulated the bids and awarded and administers the contract for construction of the
Project. Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders, which 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 beginning construction.
b. The State used its approved contract letting and award procedures to let and award
the construction contract.
c. Prior to their execution, the Local Government will be given the opportunity to review
contract change orders that will result in an increase in cost to the Local Government.
d. Upon completion of the Project, the party constructing the Project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
e. 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 Local Government is responsible for the provision and acquisition of any needed right
of way or real property as a result of any city requested change order.
14. Notices
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All notices to either party by the other required under this Agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at
the following addresses:
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Local Government:
Mayor
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
State:
Director of Contract Services
Texas Department of Transportation
125 E. 11th
Austin, Texas 78701
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. 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 such notices shall be delivered personally or by
certified U.S. mail and such request shall be honored and carried out by the other party.
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.
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20. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in OMB Circular A-87 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, 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.
Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used
and the Local Government is performing any work, either directly or through a contractor,
it must comply with the following provisions. If a Local Government is receiving ARRA
funds, but is not performing any work, the following provisions apply, if appropriate, and to
the extent necessary to comply with ARRA regulations.
In accordance with Section 902 ARRA, should this agreement involve the expenditure of
ARRA funds, then the U.S. Comptroller General and its representatives shall have the
authority to:
a. examine any records of the contractor or any of its subcontractors, or any State or
local agency administering such contract, that directly pertain to, and involve
transactions relating to the contract or subcontract; and
b. interview any officer or employee of the contractor or any of its subcontractors, or
any State or local agency administering the contract regarding such contracts.
Nothing in the section previously mentioned shall be interpreted to limit or restrict in any
way the existing authority of the Comptroller General.
In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant
awarded using covered funds, any representative of an appropriate inspector general
appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is
authorized:
a. to examine any records of the contractor or grantee, any of its subcontractors
or subgrantees, or any State or local agency administering such contract that.
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pertain to and involve transactions relating to the contract, subcontract, grant,
or subgrant; and
b. to interview any officer or employee of the contractor, grantee or subgrantee, or
agency regarding such transactions.
Section 1515(b) further provides that nothing in the section previously mentioned shall be
interpreted to limit or restrict in any way the existing authority of an inspector general.
The ARRA requires that the Contractor report monthly employment information for its firm
as well as that of all of its subcontractors. The Contractor, similarly, shall include this
reporting requirement in all of its subcontracts. Failing to include the requirement in
agreements with subcontractors can serve as grounds for contract termination.
Form FHWA-1589, Monthly Employment Report, promulgated by the Federal Highway
Administration (FHWA), captures the necessary monthly employment information and
shall be submitted by the Contractor on a regular basis to the LG (Local Government). It
is the responsibility of the LG to obtain this form from the prime Contractor and any
subcontractors and, the LG shall verify the accuracy, completeness, and reasonableness
of the data contained in the form. The LG shall ensure that this form is submitted by the
LG to the State according to the policies and at the direction of the State.
In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide
to the State all information requested by the State, including data or information in
possession of contractors and subcontractors for completing other necessary reporting
forms, and the information shall be submitted in the manner required and according to all
due dates as set by the State.
Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have
authority to examine the records of the contractor, subcontractor, or local agency relating
to the Project at any time.
23. Office of Management and Budget (OMB) Audit Requirements
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 OMB
Circular A-133.
Whenever funds from the American ARRA are distributed to a Local Government, the
Local Government must complete its Schedule of Expenditures of Federal Awards
(SEFA) and the Data Collection Form (SF -SAC), as required by OMB Circular A-133, and
separately identify any ARRA expenditures for Federal Awards.
24. Civil Rights Compliance
The Local Government shall comply with the regulations of the Department of
Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR
§710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as
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amended by Executive Order 11375 and supplemented in the Department of Labor
Regulations (41 CFR Part 60).
25. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise Program
requirements established in 49 CFR Part 26.
26. 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 is not 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.
27. Lobbying Certification
In executing this Agreement, the signatories certify to the best of his or her 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 be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
By executing this Agreement, the parties affirm this lobbying certification with respect to
the individual Projects and affirm this certification of the material representation of facts
upon which reliance will be made. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Title 31 U.S.C. §1352.
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Any person who fails to file the required certification shall be subject to a civil penalty of
not Tess than $10,000 and not more than $100,000 for each such failure.
28. 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 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.
29. Signatory Warranty
The signatories to this Agreement warrant that each has the authority to enter into this
Agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
Name
Printed Name and Title
Date
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission
. for the purpose and effect of activating and/or carrying out the orders, established policies or
work programs heretofore approved and authorized by the Texas Transportation
Commission.
Janice Mullenix
Director of Contract Services
Texas Department of Transportation
Date
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ATTACHMENT A
Resolution or Ordinance
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ATTACHMENT B
Location Map Showing Project
Citsai
WILLIAMSONICOUNTY
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Attachment B
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Code Chart 64 #36750
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to North of Old Settlers Blvd
CFDA #20.205
ATTACHMENT C
Project Budget and Description
The Local Government will participate in the cost of the upgrade or replacement of various traffic
signals and other Local Government requested change orders on FM 1460 north of Old Settlers
Boulevard to 0.4 miles north of US 79, within the Project limits of the State's construction project
under identifier CSJ 2211-02-015, which is an on -system location. Based on the Earmark funding,
100% of the eligible costs will be paid for with federal funds to a maximum amount of $749,872. The
State has estimated the Project to be as follows:
Description
Construction of traffic
signals and other Local
Government requested
Chane Orders
Direct State Costs
(including plan review,
inspection and
oversi•ht 10%
Indirect State Costs
(no local participation
required except for
service • ro'ects
TOTAL
Total
Estimate
Cost
$749,872
$74,987
$0
$824,859
Federal
Participation
%
100%
80%
Cost
$749,872
$59,990
$0
$809,862
State
Participation
%
0%
20%
Cost
$0
$14,997
$0
$14,997
Local
Participation
%
0%
0%
Cost
$0
$0
$0
$0
Costs will be based on actual charges
Local Government's Participation =
so
It is further understood that the State will include only those items for the improvements as requested
and required by the Local Government. This is an estimate only; final participation amounts will be
based on actual charges to the Project.
Page 1 of 1 Attachment C
,Texas Department of Transportation
P.O. DRAWER 15426 • AUSTIN, TEXAS 78761-5426 • (512) 832-7000
Williamson County
FM 1460: 0.4 Mi N of US 79
to N of Old Settlers Blvd
CSJ 2211-02-015
John Dean, AICP
Transportation Planner
City of Round Rock
212 Commerce Cove
Round Rock, Texas 78664
Dear M
an:
August 16, 2010
Pursuant to our telephone conversation, attached are two copies of a revised Advance
Funding Agreement (AFA) for the above project. The AFA covers the Federal Earmark
funding received for FM 1460 to be used for traffic signals and city requested change orders.
Revisions were made to the fifth WHEREAS clause to stipulate that the first AFA would be
terminated upon execution of the revised document and the location map was revised to
reflect the correct project limits. These documents replace the Agreements sent under cover
letter dated July 22, 2010.
Please return the two signed and dated documents to my attention for final execution. A fully
executed agreement will be returned for your records.
If you have any questions, please contact me at (512) 832-7050. Your assistance is
appreciated.
Attachments
Sinc- -
Patricia L. Crews -Weight, P.E.
Director of Design - AUS
An Equal Opportunity Employer
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Agenda Item No. 9F4.
City Council Agenda Summary Sheet
Agenda Caption:
Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement
with the Texas Department of Transportation for the FM 1460 — 0.4 miles North of US 79
to North of Old Settlers Boulevard Project.
Meeting Date: October 14, 2010
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Tom Word, P.E.
Chief of Public Works Operations
Item Summary:
On April 8, 2010, the City Council approved an Advance Funding Agreement (AFA) with the Texas Department of
Transportation (TxDOT) related to the ongoing A.W. Grimes Boulevard/FM 1460 construction project between Old
Settlers Boulevard and US 79 (R10 -04-08-10F1). The purpose of this AFA was to secure the City's commitment to
pay for any city requested change orders on this project.
Recently, Congressman John Carter obtained a federal appropriation directed toward this project in the amount of
$749,872. As funding for the construction cost of this project has already been secured by TxDOT, this earmark will
be used to pay for any city requested change orders.
Subsequently, this item is the consideration of a new agreement which will void the previously mentioned AFA in its
entirety and it directs that any city requested change orders will be paid for with these federal funds.
Strategic Plan Relevance:
26.0 Construct Major Elements of the Transportation and Mobility System
Cost:
Source of Funds:
N/A
N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOWS
CSJ #2211-02-015
District # 14
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to North of Old Settlers Blvd
CFDA #20.205
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For An
Earmark Project
(On -System)
THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by
and through the Texas Department of Transportation hereinafter called the "State", and the
City of Round Rock, acting by and through its duly authorized officials, hereinafter 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 108812, authorizing
the State to undertake and complete a highway improvement generally described as widen
roadway facility; and,
WHEREAS, after construction began on the Project, the City received federal funding toward
the cost of City requested change orders on the Project; therefore, Voluntary Advance
Funding Agreement executed April 23, 2010, is voided in its entirety and is being replaced
with this Advance Funding Agreement; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this
Agreement by resolution or ordinance dated 1210-10-*.- °1 M which is attached
hereto and made a part hereof as Attachment A for the construction to upgrade to a four lane
with continuous left turn lane roadway facility at the location shown on the Map in Attachment
B hereinafter referred to as the Project.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as
hereinafter set forth, it is agreed as follows:
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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.
2. Scope of Work
The scope of the work to be included under this Agreement is construction of city
requested change orders within the project limits of the Project constructed under State
identifier CSJ 2211-02-015.
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 hereto and made a part hereof. The expected cash contributions
from the federal or State government, the Local Governments, or other parties is
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 issuance of a formal Letter of Authority by the Federal Highway Administration.
The Local Government is responsible for 100% of the cost of any work performed
under its direction or control before the federal Letter of Authority is formally issued.
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 a letter of authority is issued. 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 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.
b. This 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.
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c. 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.
d. The Local Government will be responsible for all non-federal or non -State participation
costs associated with the Project, including any overruns in excess of the approved
local Project budget unless otherwise provided for in this Agreement or approved
otherwise in an amendment to this Agreement.
e. 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.
f. In the event that 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.
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 Trust Fund." The check or warrant shall be deposited
by the State in an escrow account to be managed by the State. Funds in the escrow
account may only be applied to the State 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, excess funds
remain in the escrow account, those funds may be applied by the State to the Local
Government's contractual obligations to the State under another advance funding
agreement.
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 "fixed price" or an "incremental payment" non-
standard funding or payment arrangement under 43 TAC §15.52, the budget in
Attachment C will clearly state the amount of the fixed price or the incremental
payment schedule.
I. If the Local government is an Economically Disadvantaged County and if the State
has approved adjustments to the standard financing arrangement, this Agreement
reflects those adjustments.
m. The state auditor may conduct an audit or investigation of any entity receiving funds
from the state directly under the contract or indirectly through a subcontract under the
contract. Acceptance of funds directly under the contract or indirectly through a
subcontract under this contract acts as acceptance of the authority of the state
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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.
n. 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.
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; or
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.
5. Amendments
Amendments to this Agreement due to changes in the character of the work or 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
For City requested change orders that require the adjustment, removal, or relocation of
utility facilities, 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.
8. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental
Policy Act and other environmental laws which require environmental clearance of
federal -aid projects.
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a. Unless otherwise specified in Attachment C and except to the extent that the State will
have already met environmental requirements on the date this agreement is executed,
the State secured a Finding of No Significant Impact (FONSI) from the Federal
Highway Administration on February 7, 2001. A reevaluation of the Environmental
Assessment (EA) was approved on October 8, 2008. The reevaluation extends
environmental approval for three years from October 8, 2008 if there are no changes
to the design presented in the original EA and the reevaluation of the FONSI. If
change orders includes changes to the design approved by the FONSI the Local
Government will be responsible for obtaining any necessary environmental clearances
or permits for those design changes.
b. Unless otherwise specified in Attachment C and except to the extent that the State will
have already met environmental requirements on the date this agreement is executed,
the Local Government is responsible for the cost of any environmental problem's
mitigation and remediation.
c. Unless otherwise specified in Attachment C, the State has satisfied the Public
Involvement activities for this Project through a public hearing held on October 3,
2000. The State has certified that the public hearing was held in accordance with
applicable rules, the Civil Right Act of 1964, and the Civil Rights Restoration Act of
1987. Any necessary additional public involvement that may be required by any
design changes may not be held before environmental documents are approved for
further processing and may not be held before approval of all highway schematics for
the particular Project.
d. Unless otherwise specified in Attachment C and except to the extent that the State will
have already met environmental requirements on the date this agreement is executed,
the Local Government is responsible for the preparation of all documents required for
the environmental clearance of the Project.
e. Unless otherwise specified in Attachment C and except to the extent that the State will
have already met environmental requirements on the date this agreement is executed,
the Local Government shall provide to the State written documentation from the
appropriate regulatory agency(s) that all environmental clearances have been
obtained prior to beginning work.
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 for applicable change orders requested by the city.
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,
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at a minimum conform to applicable American Association of State Highway and
Transportation Officials design standards. The engineering plans shall be developed in
accordance with the current edition of the Standard Specifications for Construction and
Maintenance of Highways, Streets, and Bridges.
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 services 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 State has advertised for construction bids, issued bid proposals, received and
tabulated the bids and awarded and administers the contract for construction of the
Project. Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders, which 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 beginning construction.
b. The State used its approved contract letting and award procedures to let and award
the construction contract.
c. Prior to their execution, the Local Government will be given the opportunity to review
contract change orders that will result in an increase in cost to the Local Government.
d. Upon completion of the Project, the party constructing the Project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
e. 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 Local Government is responsible for the provision and acquisition of any needed right
of way or real property as a result of any city requested change order.
14. Notices
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All notices to either party by the other required under this Agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at
the following addresses:
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Local Government:
Mayor
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
State:
Director of Contract Services
Texas Department of Transportation
125 E. 11th
Austin, Texas 78701
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. 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 such notices shall be delivered personally or by
certified U.S. mail and such request shall be honored and carried out by the other party.
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.
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20. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in OMB Circular A-87 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, 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.
Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used
and the Local Government is performing any work, either directly or through a contractor,
it must comply with the following provisions. If a Local Government is receiving ARRA
funds, but is not performing any work, the following provisions apply, if appropriate, and to
the extent necessary to comply with ARRA regulations.
In accordance with Section 902 ARRA, should this agreement involve the expenditure of
ARRA funds, then the U.S. Comptroller General and its representatives shall have the
authority to:
a. examine any records of the contractor or any of its subcontractors, or any State or
local agency administering such contract, that directly pertain to, and involve
transactions relating to the contract or subcontract; and
b. interview any officer or employee of the contractor or any of its subcontractors, or
any State or local agency administering the contract regarding such contracts.
Nothing in the section previously mentioned shall be interpreted to limit or restrict in any
way the existing authority of the Comptroller General.
In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant
awarded using covered funds, any representative of an appropriate inspector general
appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is
authorized:
a. to examine any records of the contractor or grantee, any of its subcontractors
or subgrantees, or any State or local agency administering such contract that
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pertain to and involve transactions relating
or subgrant; and
b. to interview any officer or employee of the
agency regarding such transactions.
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to the contract, subcontract, grant,
contractor, grantee or subgrantee, or
Section 1515(b) further provides that nothing in the section previously mentioned shall be
interpreted to limit or restrict in any way the existing authority of an inspector general.
The ARRA requires that the Contractor report monthly employment information for its firm
as well as that of all of its subcontractors. The Contractor, similarly, shall include this
reporting requirement in all of its subcontracts. Failing to include the requirement in
agreements with subcontractors can serve as grounds for contract termination.
Form FHWA-1589, Monthly Employment Report, promulgated by the Federal Highway
Administration (FHWA), captures the necessary monthly employment information and
shall be submitted by the Contractor on a regular basis to the LG (Local Government). It
is the responsibility of the LG to obtain this form from the prime Contractor and any
subcontractors and, the LG shall verify the accuracy, completeness, and reasonableness
of the data contained in the form. The LG shall ensure that this form is submitted by the
LG to the State according to the policies and at the direction of the State.
In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide
to the State all information requested by the State, including data or information in
possession of contractors and subcontractors for completing other necessary reporting
forms, and the information shall be submitted in the manner required and according to all
due dates as set by the State.
Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have
authority to examine the records of the contractor, subcontractor, or local agency relating
to the Project at any time.
23. Office of Management and Budget (OMB) Audit Requirements
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 OMB
Circular A-133.
Whenever funds from the American ARRA are distributed to a Local Government, the
Local Government must complete its Schedule of Expenditures of Federal Awards
(SEFA) and the Data Collection Form (SF -SAC), as required by OMB Circular A-133, and
separately identify any ARRA expenditures for Federal Awards.
24. Civil Rights Compliance
The Local Government shall comply with the regulations of the Department of
Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR
§710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as
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amended by Executive Order 11375 and supplemented in the Department of Labor
Regulations (41 CFR Part 60).
25. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise Program
requirements established in 49 CFR Part 26.
26. 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 is not 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.
27. Lobbying Certification
In executing this Agreement, the signatories certify to the best of his or her 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 be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
By executing this Agreement, the parties affirm this lobbying certification with respect to
the individual Projects and affirm this certification of the material representation of facts
upon which reliance will be made. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Title 31 U.S.C. §1352.
AFA-AFA_LongGen
Page 11 of 11 Revised 06/09/2010
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: 0.4 Mi N of US 79
to North of Old Settlers Blvd
CFDA #20.205
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.
28. 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 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.
29. Signatory Warranty
The signatories to this Agreement warrant that each has the authority to enter into this
Agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
TH OCAL GOVERNMENT
cj )/1/L,,----'
Name
I1/1'4 vv May6Y-
Printed Name and Title
iO!4—w
Date
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission
for the purpose and effect of activating and/or carrying out the orders, established policies or
work programs heretofore approved and authorized by the Texas Transportation
C. mmission.
anice Mullenix
Director of Contract Services
Texas Department of Transportation
AFA-AFA_LongGen
Page 12 of 11 Revised 06/09/2010
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: 0.4 Mi N of US 79
to North of Old Settlers Blvd
CFDA #20.205
ATTACHMENT A
Resolution or Ordinance
Page 1 of 1 Attachment A
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: 0.4 Mi N of US 79
to North of Old Settlers Blvd
CFDA #20.205
ATTACHMENT B
Location Map Showing Project
CioMPI
Ra
Page 1 of 1
Attachment B
CSJ #2211-02-015
District # 14
Code Chart 64 #36750
FM 1460: 0.4 Mi N of US 79
to North of Old Settlers Blvd
CFDA #20.205
ATTACHMENT C
Project Budget and Description
The Local Government will participate in the cost of the upgrade or replacement of various traffic
signals and other Local Government requested change orders on FM 1460 north of Old Settlers
Boulevard to 0.4 miles north of US 79, within the Project limits of the State's construction project
under identifier CSJ 2211-02-015, which is an on -system location. Based on the Earmark funding,
100% of the eligible costs will be paid for with federal funds to a maximum amount of $749,872. The
State has estimated the Project to be as follows:
Description
Total Federal State Local
Estimate Participation Participation Participation
Cost
Cost % Cost
Construction of traffic $749,872 100% $749,872 0% $0 0% $
signals and other Local
Government requested
Change Orders
Direct State Costs
(including plan review,
inspection and
oversight) 10%
Indirect State Costs
(no local participation
required except for
service projects)
TOTAL $824,859
$74,987
80%
$59,990
20%
$14,997
0%
$0
$809,862
$14,997
Costs will be based on actual charges
Local Government's Participation = $Q
It is further understood that the State will include only those items for the improvements as requested
and required by the Local Government. This is an estimate only; final participation amounts will be
based on actual charges to the Project.
Page 1 of 1 Attachment C