R-2024-089 - 4/25/2024 RESOLUTION NO. R-2024-089
RESOLUTION AUTHORIZING EXECUTION OF AN
ADVANCE FUNDING AGREEMENT (AFA) WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR A
TRANSPORTATION ALTERNATIVES SET-ASIDE (TASA) PROJECT
WHEREAS, on October 23, 2023, via Minute Order 116575, the Texas Transportation
Commission authorized the Heritage Trail Shared Use Path Project (the "Project") to receive
Transportation Alternatives Set-Aside (TASA) funds for project construction and Texas Department of
Transportation (TxDOT or the State) oversight; and
WHEREAS, the TASA funds require a local match and the City of Round Rock (the "City")
commits to provide the match; and
WHEREAS, the City is responsible for all non-reimbursable costs and 100% of overruns, if
any; and
WHEREAS, the City Council desires to reaffirm its support of the Project and approve and
authorize the execution of an Advance Funding Agreement (AFA) with TxDOT for the Project, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City Council approves the Advance Funding Agreement for a Transportation
Alternatives Set-Aside (TASA) Program Project regarding the Heritage Trail Shared Use Path Project
and authorizes and directs the Mayor to execute a final version of the Agreement in substantially the
same form of the Agreement attached hereto as Exhibit "A" and incorporated herein for all purposes,
after review and approval of the City Attorney.
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.
U 112.20223:4894-1329-4007
RESOLVED this 25th day of April, 2024.
A Al
CRA16ORG , Mayor
City of round ck, Texas
ATTEST: r
MEAGAN S KS, ity Clerk
TxDOT: Federal Highway Administration:
CM# 0914-05-240 1 AFA ID Z000092S4 CFDA No. 20.205
AFA CSJs 0914-05-240 CFDA Title Highway Planning and Construction
District# 14-AUS Code Chart 64# 36750-City of
Round Rock
Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research&Development
STATE OF TEXAS §
COUNTY OF TRAVIS § EXHIBIT
"A„
ADVANCE FUNDING AGREEMENT
FOR A TRANSPORTATION ALTERNATIVES
SET-ASIDE (TASA) PROGRAM PROJECT
TxDOT-Selected Off-System
This Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project
("Agreement') is made between the State of Texas (State), acting through the Texas Department of
Transportation, and the City of Round Rock (Local Government), acting through its duly authorized
officials.
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements to
implement its public purposes, and
WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design,
construct and operate a system of highways in cooperation with local governments, and Section
222.052 authorizes the Texas Transportation Commission to accept contributions from political
subdivisions for development and construction of public roads and the state highway system within the
political subdivision, and
WHEREAS, Federal law, 23 USC §134 and 49 USC §5303, requires that State and Metropolitan
Planning Organizations (MPOs) develop transportation plans and programs for urbanized areas of
Texas, 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 has codified 43 TAC, Rules 15.50-15.56 that
describe federal, state, and local responsibilities for cost participation in highway improvement and
other transportation projects, and
WHEREAS, the rules and procedures for the Transportation Alternatives Set-Aside Program (TASA)
are established in 23 USC §133(h), and 43 Texas Administrative Code, Part 1, Chapter 11,
Subchapter G, §§11.400 — 11.418, and
WHEREAS, the Local Government prepared and submitted to the State or Metropolitan Planning
Organization (MPO) a project nomination package for TASA funding consideration, which is briefly
described as Heritage Trail SUP (Project), and
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District# 14-AUS Code Chart 64# 36750-City of
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Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research&Development
WHEREAS, the Texas Transportation Commission (Commission) passed Minute Order Number
116575 (MO) dated October 26, 2023 awarding funding for TASA projects in the TASA Program Call
of the State, including Project, and
WHEREAS, the governing body of the Local Government has approved entering into this Agreement
by resolution or ordinance dated (enter date of resolution), which is attached to and made a part of this
Agreement as Attachment C, Resolution or Ordinance. A map showing the! Project location appears in
Attachment A, Project Location Map, which is attached to and made a part of this Agreement, and
NOW, THEREFORE, the State and the Local Government agree as follows:
AGREEMENT
1. Period of Agreement and Performance
A. Period of 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 terminated as provided below.
B. Period of Performance.
1. The Performance Period for each phase of work begins on the date specified in
the Federal Project Authorization and Agreement (FPAA) for that phase of work.
Local Government may not begin work until issued the State Letter of Authority
(SLOA) for that phase of work.
2. The Performance Period for each phase of work ends on the date specified in
the FPAA for that phase of work.
2. Scope of Work and Use of Project
A. The scope of work for Project consists of constructing shared use path along Brushy
Creek from N. Georgetown Street to Mays Street. The proposed path will serve as a
parallel facility to US 79 and will connect to the existing trail along Brushy Creek to
the east of downtown Round Rock. A new pedestrian bridge over Brushy Creek at
Mays Street will also be added.
B. Any project changes proposed must be submitted in writing by Local Government to
State. Substantive changes may also require an amendment to this Agreement and
the approval of the FHWA, State, MPO, or the Commission. Any changes
undertaken without written approval and amendment of this Agreement may
jeopardize not only the federal funding for the changes, but the federal funding of the
entire Project.
3. Project Sources and Uses of Funds
The total estimated development cost of the Project is shown in Attachment B, Project Budget
Estimate and Source of Funds (Attachment B).
A. If Local Government will perform any work under this Agreement for which
reimbursement will be provided by or through the State, the Local Government must
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Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research&Development
complete training. If federal funds are being used, the training must be completed
before federal spending authority is obligated. Training is complete when at least one
individual who is working actively and directly on the Project successfully completes and
receives a certificate for the course entitled "Local Government Project Procedures and
Qualification for the Texas Department of Transportation" and retains qualification in
accordance with applicable TxDOT procedures. Upon request, Local Government shall
provide the certificate of qualification to State. The individual who receives the training
certificate may be an employee of Local Government or an employee of a firm that has
been contracted by Local Government to perform oversight of the Project. State in its
discretion may deny reimbursement if Local Government has not continuously
designated in writing a qualified individual to work actively on or to directly oversee the
Project.
B. The total estimated project cost as shown in Attachment B incudes the Local
Government's estimated itemized cost of real property, utilities, environmental
assessments, construction, and other construction related costs. To be eligible for
reimbursement or as in-kind contribution, costs must have been included in the
nomination form approved by the Texas Transportation Commission or MPO in
consultation with State. Local Government must submit to State evidence of payment
for eligible in-kind costs at least once per calendar quarter using the State's In-Kind
Match Reporting form.
C. State and the Federal Government will not reimburse Local Government for any work
performed outside the Performance Period. After federal funds have been obligated,
State will send to Local Government a copy of the formal documentation showing the
obligation of funds including federal award information. Local Government is
responsible for 100 percent of the cost of any work performed under its direction or
control before the federal spending authority is formally obligated.
D. The Project budget and source of funds estimate based on the budget provided in the
application is included in Attachment B. Attachment B shows the percentage and
estimated dollar amounts to be contributed to Project by state and local sources, as well
as the maximum amount in federal TASA funds assigned by the Commission or MPO in
consultation with State. This Agreement may be amended from time to time as required
to meet the funding commitments based on revisions to the TASA, FPAA, or other
federal documents.
E. State will be responsible for securing the federal share of funding required for the
development and construction of Project, in an amount not to exceed 80 percent of the
actual cost of the work up to the amount of funds approved for Project by the Texas
Transportation Commission or MPO in consultation with State. Federal funds will be
reimbursed on a cost basis. Project costs incurred prior to issuance of the SLOA are not
eligible for reimbursement.
F. The Local Government will be responsible for all non-federal or non-State participation
costs associated with the Project, unless otherwise provided for in this Agreement or
approved otherwise in an amendment to this Agreement. For items of work subject to
specified percentage funding, the Local Government shall only in those instances be
responsible for all Project costs that are greater than the maximum State and federal
participation specified in Attachment B and for overruns in excess of the amount
specified in Attachment B to be paid by the Local Government. If the Project was State-
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Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research&Development
selected, the State may apply a portion of any excess program funds to cover all or a
portion of any overrun based on criteria provided by 43 Tex. Admin. Code §11.411(d).
G. The budget in Attachment B will clearly state all items subject to fixed price funding,
specified percentage funding, and the periodic payment schedule, when periodic
payments have been approved by the State.
H. When fixed price funding is used, the Local Government is responsible for the fixed
price amount specified in Attachment B. Fixed prices are not subject to adjustment
unless (1) differing site conditions are encountered; (2)further definition of the Local
Government's requested scope of work identifies greatly differing costs from those
estimated; (3) work requested by the Local Government is determined to be ineligible
for federal participation; or (4)the adjustment is mutually agreed to by the State and the
Local Government.
I. Following execution of this Agreement, but prior to the performance of any plan review
work by State, Local Government will pay to State the amount specified in Attachment
B for plan review. At least 60 days prior to the date set for receipt of the construction
bids, Local Government shall remit its remaining local match as specified in Attachment
B for State's estimated construction oversight and construction cost.
J. In the event State determines that additional funding is required by Local Government
at any time during Project, State will notify Local Government in writing. Local
Government is responsible for the percentage of the authorized Project cost shown in
Attachment B and 100 percent of any overruns above the federally authorized amount.
Local Government will make payment to State within 30 days from receipt of State's
written notification.
K. Whenever funds are paid by Local Government to State under this Agreement, Local
Government will remit a warrant made payable to the "Texas Department of
Transportation". The warrant will be deposited by State and managed by State. Funds
may only be applied by State to Project.
L. Upon completion of Project, State will perform a final accounting of Project costs. Any
funds due to Local Government, State, or the Federal Government will be promptly paid
by the owing party.
M. In the event Project is not completed, State may seek reimbursement from Local
Government of the expended federal funds. Local Government will remit the required
funds to State within 60 days from receipt of State's notification.
N. If any existing or future local ordinances, commissioners court orders, rules, policies, or
other directives, including but not limited to outdoor advertising billboards and storm
water drainage facility requirements, are more restrictive than state or federal
regulations, or if any other locally proposed changes, including but not limited to plats
or re-plats, result in increased costs, then any increased costs associated with the
ordinances or changes will be paid by Local Government. The cost of providing right of
way acquired by State shall mean the total expenses in acquiring the property interests
through negotiations, including, but not limited to, expenses related to relocation,
removal, and adjustment of eligible utilities.
O. The state auditor may conduct an audit or investigation of any entity receiving funds
from the State directly under the Agreement or indirectly through a contract or
subcontract under the Agreement. Acceptance of funds directly under the Agreement or
indirectly through a contract or subcontract under this Agreement acts as acceptance of
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Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research&Development
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.
P. State will not pay interest on any funds provided by Local Government.
Q. State will not execute the contract for the construction of Project until the required
funding has been made available by Local Government in accordance with this
Agreement.
R. 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 State no
more frequently than monthly, and no later than 90 days after costs are incurred. If
Local Government submits invoices more than 90 days after the costs are incurred, and
if federal funding is reduced as a result, State shall have no responsibility to reimburse
Local Government for those costs.
S. If Local Government is an Economically Disadvantaged County (EDC) or the State or
MPO selected project meets the State's or MPO's criteria to receive Transportation
Development Credits in lieu of providing a cash local match, and the State has
approved adjustments to the standard financing arrangement, this agreement reflects
those adjustments.
4. Termination of the Agreement
A. This Agreement may be terminated by any of the following conditions:
1. By mutual written consent and agreement of all parties;
2. By any party with 90 days written notice; or
3. By either party, upon the failure of the other party to fulfill the obligations as set
forth in this Agreement. Any cost incurred due to such breach of contract shall
be paid by the breaching party.
B. If the potential termination of this Agreement is due to the failure of Local Government
to fulfill its contractual obligations, State will notify Local Government that possible
breach of contract has occurred. Local Government should make every effort to remedy
the breach within a period mutually agreed upon by both parties.
C. The Agreement may be terminated by the State because the parties are not able to
execute a mutually agreeable amendment when the costs for Local Government
requested items increase significantly due to differing site conditions, determination that
Local government requested work is ineligible for federal or state cost participation, or a
more thorough definition of the Local Government's proposed work scope identifies
greatly differing costs from those estimated. The State will reimburse Local
Government remaining funds to the Local Government within ninety (90) days of
termination;
D. If Local Government withdraws from Project after this Agreement is executed, Local
Government shall be responsible for all direct and indirect Project costs as identified by
the State's cost accounting system and with 2 CFR Part 200 recapture requirements.
E. A project may be eliminated from the program as outlined below. If Project is eliminated
for any of these reasons, this Agreement will be appropriately terminated. A project may
be eliminated from the program, and this Agreement terminated, if:
1. Local Government fails to satisfy any requirements of the program rules cited in
43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400 —
11.418.
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Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research&Development
2. The implementation of Project would involve significant deviation from the
activities proposed in the nomination form and approved by the Texas
Transportation Commission or MPO in consultation with State.
3. Local Government withdraws from participation in Project.
4. State determines that federal funding may be lost due to Project not being
implemented and completed.
5. Funds are not appropriated, in which case this Agreement shall be terminated
immediately with no liability to either party. Payment under this Agreement
beyond the current fiscal biennium is subject to availability of appropriated
funds.
6. A construction contract has not been awarded or construction has not been
initiated within three years after the date that the Commission or MPO selected
the project or by a letting date determined by the state and agreed to by the
Local Government.
7. Local Government fails to attend progress meetings at least twice yearly, as
scheduled by State.
F. State, at its sole discretion, may terminate this Agreement if State does not receive
project invoice from Local Government within 270 days of FPAA.
5. Amendments
This Agreement may be amended due to changes in the work, the amount of funding required
to complete Project, or the responsibilities of the parties. Such amendment must be made
through a mutually agreed upon, written amendment that is executed by the parties.
6. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any agreement
default, but all remedies existing at law and in equity may be availed of by either party to this
Agreement and shall be cumulative.
7. Utilities
Local Government shall be responsible for the adjustment, removal, or relocation of utilities or
utility facilities in accordance with applicable State laws, regulations, rules, policies, and
procedures, including any cost to State of a delay resulting from Local Government's failure to
ensure that utilities or utility facilities are adjusted, removed, or relocated before the scheduled
beginning of construction. At the State's discretion, State may reimburse Local Government for
minor, incidental utility adjustments that are identified during the preliminary engineering phase
if they are eligible for federal reimbursement. Local Government must obtain advance approval
for any variance from established procedures. Before a construction contract is let, Local
Government shall provide, at State's request, a certification stating that Local Government has
completed the adjustment of all utilities that must be adjusted before construction begins.
Additional utility work may be required due to unknown conditions discovered during
construction. These costs may be eligible for TASA participation if the following conditions are
met: (1) the activity is required to complete Project; (2) the cost is incidental to Project; and (3)
TASA funding is available. Any change orders must be approved by State prior to incurring any
cost for which reimbursement is sought.
8. Environmental Assessment and Mitigation
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Development of 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 Project.
B. Local Government is responsible for the cost of any environmental problem's mitigation
and remediation. These costs will not be reimbursed or credited towards Local
Government's financial share of Project unless specified in the nomination form and
approved by State or MPO in consultation with State.
C. Local Government is responsible for providing any public meetings or public hearings
required for development of the environmental assessment, including any public
hearing requirements that may be necessary when adding a bike lane.
D. Before the advertisement for bids, Local Government shall provide to State written
documentation from the appropriate regulatory agency or agencies that all
environmental clearances have been obtained.
9. Compliance with Accessibility Standards
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 standards issued or approved by the Texas
Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum
accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA).
10. Architectural and Engineering Services
A. Architectural and engineering services for preliminary engineering will be provided by
the Local Government. In procuring professional services, the parties to this
Agreement must comply with federal requirements cited in 23 CFR Part 172 if Project is
federally funded and Local Government will be seeking reimbursement for these
services or if these services will be used as in-kind contributions; and with Texas
Government Code Subchapter 2254.A., in all cases. Professional services contracts for
federally funded projects must conform to federal requirements. Variety
B. The architectural contract documents shall be developed in accordance with the
standards of the American Institute of Architects, the U.S. Secretary of the Interior's
Standards for Historic Preservation Projects, Standards and Guidelines for Archeology
and Historic Preservation, the National Register Bulletin Number 36: Guidelines for
Evaluating and Registering Historical Archeological Sites and in consultation with the
State Historic Preservation Officer, as applicable. The engineering plans shall be
developed in accordance with State's applicable Standard Specifications for
Construction and Maintenance of Highways, Streets and Bridges and the two American
Association of State Highway and Transportation Officials' ("AASHTO") publications, "A
Policy on Geometric Design of Highways and Streets" and "Guide for the Development
of Bicycle Facilities," as applicable. All design criteria for bicycle and pedestrian bridges
must comply with TxDOT's Bridge Design Manual and AASHTO's Load and Resistance
Factor Design (LRFD) Guide Specifications for the Design of Pedestrian Bridges (latest
edition) as applicable. All contract procurement procedures and documents must
adhere to the applicable requirements established in the Standard Specifications for
Construction and Maintenance of Highways, Streets and Bridges. The use of other
systems of specifications shall be approved by State in writing in advance.
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C. When architectural and engineering services are provided by or through Local
Government, Local Government shall submit any plans it has completed to State for
review and approval on an agreed upon schedule. Local Government may also submit
the plans to State for review any time prior to completion. Local Government shall make
the necessary revisions determined by State. Local Government will not let the
construction contract until all required plans have received State approval.
D. When architectural and engineering services are provided by or through State, then the
State is responsible for the delivery and performance of any required architectural or
preliminary engineering work. Local Government may review and comment on the
work, including any proposed changes to the scope of work, as required to accomplish
Project purposes. State will cooperate with Local Government in accomplishing these
Project purposes to the degree permitted by state and federal law.
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
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 that may become necessary subsequent to the
award of the construction contract. To ensure federal funding eligibility, projects must
be authorized by State prior to advertising for construction.
B. All contract letting and award procedures must be approved by State prior to letting and
award of the construction contract, whether the construction contract is awarded by
State or by Local Government.
C. All contract change order review and approval procedures must be approved by State
prior to start of construction.
D. If the Local Government is the responsible party, the State must review and approve
change orders.
E. Upon completion of Project, the party constructing Project will issue and sign a
"Notification of Completion" acknowledging Project's construction completion.
F. For federally funded contracts, the parties to this Agreement will comply with federal
construction requirements provided in 23 CFR Parts 633 and 635, 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 Subpart 635.13.
G. Any field changes, supplemental agreements, or revisions to the design plans that may
occur after the construction contract is awarded will be mutually agreed to by State and
Local Government prior to authorizing the contractor to perform the work. Prior to
completion of Project, the party responsible for construction will notify the other party to
this Agreement of the anticipated completion date. All parties will be afforded the
opportunity to assist in the final review of the construction services performed by the
contractor.
12. Project Maintenance
A. Upon completion of Project, Local Government will be responsible for maintaining the
completed facility for public use. The property shall be maintained and operated for the
purpose for which it was approved and funded for a period commensurate with the
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federal investment or State rules, whichever is greater. Should Local Government at
any time after Project completion decide it can no longer maintain and operate Project
for its intended purpose, Local Government shall consult with State and the FHWA as
to the disposal or alternate uses, consistent with Project's original intent. State may
require Local Government to return the federal funds in accordance with
2 CFR Part 200 federal recapture requirements. Should Local Government consider
conveying the property, State and FHWA must be notified prior to the sale, transfer, or
disposal of any property that received federal funds. Written concurrence of approval for
the transaction, detailing any required recapture, must be obtained from FHWA prior to
the transaction. Advance notice from Local Government of their intended action must
be submitted to State for an FHWA review a minimum of 90 days prior to any action
being taken by Local Government. Local Government shall be held responsible for
reimbursement of all federal funds used or a portion of those funds based on a pro-rata
amount, considering the original percentage of federal funds provided and the time
elapsed from Project completion date. This same percentage of reimbursement also
applies to any amount of profit that may be derived from the conveyance of the
property, as applicable.
B. Any manufacturer warranties extended to Local Government as a result of Project shall
remain in the name of Local Government. State shall not be responsible for honoring
any warranties under this Agreement.
C. Should Local Government derive any income from the development and operation of
Project, a portion of the proceeds sufficient for the maintenance and upkeep of the
property shall be set aside for future maintenance. A project income report shall be
submitted to State on a quarterly basis. Monies set aside according to this provision
shall be expended using accounting procedures and with the property management
standards established in 2 CFR Part 200.
D. Should any historic properties be included in or affected by this federally funded Project,
the historic integrity of the property and any contributing features must continue to be
preserved regardless of any approved changes that may occur throughout the life of
Project.
13. Right of Way and Real Property Acquisition
A. Right of way and real property acquisition shall be the responsibility of Local
Government. Title to right of way and other related real property must be acceptable to
State before funds may be expended for the improvement of the right of way or real
property.
B. If Local Government is the owner of any part of Project site under this Agreement, Local
Government shall permit State or its authorized representative access to occupy the
site to perform all activities required to execute the work.
C. Local Government will comply with and assume the costs for compliance with all the
requirements of Title II and Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, 42 USC §4601 et seq., including those
provisions relating to incidental expenses incurred by the property owners in conveying
the real property to Local Government, and benefits applicable to the relocation of any
displaced person as defined in 49 CFR §24.2(g). Documentation to support such
compliance must be maintained and made available to State and its representatives for
review and inspection.
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D. Local Government shall assume all costs and perform all work necessary to obtain
needed evidence of title or right of use to the real property required for development of
Project. Evidence of title or right of use shall be acquired in the name of (1) State, if the
real property is to be made part of the State Highway System, or (2) Local Government,
if the real property is not to be made part of the State Highway System. The evidence of
title or rights shall be acceptable to State, and be free and clear of all encroachments.
Local Government shall secure and provide easements and any needed rights of entry
over any other land needed to develop Project according to the approved Project plans.
Local Government shall be responsible for securing any additional real property
required for completion of Project.
E. Local Government shall prepare real property maps, property descriptions, and other
data as needed to properly describe the real property and submit them to State for
approval prior to Local Government acquiring the real property. Tracings of the maps
shall be retained by Local Government for a permanent record.
F. Local Government shall determine property values for each real property parcel to be
purchased with federal funds using methods acceptable to State and shall submit to
State a tabulation of the values so determined, signed by the appropriate Local
Government representative. The tabulations must list the parcel numbers, ownership,
acreage, and recommended compensation. The tabulation must be accompanied by an
explanation to support the estimated values, together with a copy of the documentation
and reports used in calculating each parcel's value. Expenses incurred by Local
Government in performing this work may be eligible for reimbursement after Local
Government has received written authorization by State to proceed with determination
of real property values. State will review the data submitted and will base its
reimbursement for parcel acquisitions on these in determining the fair market values.
Local Government will not be reimbursed for right-of-way costs on state-selected
projects.
G. For State-selected TASA projects, Local Government shall not use eminent domain or
condemnation to acquire real property for this TASA Project.
H. Reimbursement for real property costs will be made to Local Government for real
property purchased in an amount not to exceed 80 percent of the cost of the real
property purchased in accordance with the terms and provisions of this Agreement.
Reimbursement will be in an amount not to exceed 80 percent of State's predetermined
fair market value of each parcel, or the net cost thereof, whichever is less. In addition,
reimbursement will be made to Local Government for necessary payments to
appraisers for expenses incurred in order to assure good title. Local Government will
not be reimbursed for right-of-way costs on state-selected projects.
I. Local Government and current property owner are responsible for any costs associated
with the relocation of displaced persons and personal property as well as incidental
expenses incurred in acquiring property to implement Project:. State will not pay any of
these costs.
J. If Project requires the use of real property to which Local Government will not hold title,
a separate agreement between the owners of the real property and Local Government
must be executed prior to execution of this Agreement. The separate agreement
between Local Government and the current property owner must establish that Project
will be dedicated for public use for a period of time not less than ten years after project
completion and commensurate with the federal investment. For State-selected
projects, this is outlined in 43 Tex. Admin. Code §11.417. The separate agreement
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District# 14-AUS Code Chart 64# 36750-City of
Round Rock
Project Name Heritage Trail Shared Use Path(SUP) I F AFA Not Used For Research&Development
must define the responsibilities of the parties as to the use of the real property and
operation and maintenance of Project after completion. The separate agreement must
be approved by State prior to its execution and a copy of the executed separate
agreement shall be provided to State.
K. Local Government shall execute individually or produce a legal document as necessary
to provide for Project's continued use from the date of completion, and agrees to cause
the same to be recorded in the land records of the appropriate jurisdiction.
L. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49
CFR Part 24, and with the procedures provided in Chapter 6 of the State's Local
Government Project Policy Manual. Local Government agrees to monitor Project to
ensure: (1) continued use of the property for approved activities, and (2) the repayment
of the Federal funds, as appropriate. Local Government agrees to the review of their
Project accounts and site visits by State during the development of Project at any time.
Upon Project completion, State will continue to perform periodic visits to confirm
Project's continued use and upkeep.
M. Before the advertisement for bids, Local Government shall provide a certification to
State that all real property has been acquired.
14. Insurance
A. Should this Agreement authorize Local Government or its contractor to perform any
work on State right of way, before beginning work, the entity performing the work shall
provide State with a fully executed copy of 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 State right of way is complete. If
coverage is not maintained, all work on State right of way shall cease immediately, and
State may recover damages and all costs of completing the work.
B. For projects including buildings, Local Government agrees to insure the building
according to Department specifications and further agrees to name the Federal
Government as a "Loss Payee" should the building be destroyed.
15. Notices, Invoices, Payments, and Project Inquiries
All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage
prepaid, addressed to that party at the following address:
Local Government: State:
City of Round Rock Texas Department of Transportation
ATTN: Mayor ATTN: Director of Contract Services
221 E. Main St. 125 E. 11 th Street
Round Rock, TX 78664 Austin, TX 78701
All notices shall be deemed given on the date delivered in person or deposited in the mail,
unless otherwise provided by this agreement. Either party may change the above address by
sending written notice of the change to the other party. Either party may request in writing that
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District# 14-AUS Code Chart 64# 36750-City of
Round Rock
Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research&Development
notices shall be delivered personally or by certified U.S. mail, and that request shall be carried
out by the other party.
Invoicing, payment, and project inquiries must be sent to the following address, which the State
may change by sending written notice of the change to the Local Government:
Texas Department of Transportation
ATTN: Local Government Project Coordinator
7901 N IH 35
Austin, TX 78753-6602
All invoicing, payment, and project inquiries must include the following information:
County: Williamson
Local Government: City of Round Rock
CSJ No.: 0914-05-240
Project Name: Heritage Trail SUP
Highway or Roadway: Brushy Creek Dr
16. Legal Construction
In case 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.
17. Responsibilities of the Parties
Neither party is an agent, servant, or employee of the other party and each party is responsible
for its individual acts and deeds as well as the acts and deeds of its contractors, employees,
representatives, and agents.
18. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by State shall
remain the property of State. All data prepared under this Agreement shall be made available
to State without restriction or limitation on their further use. All documents produced or
approved or otherwise created by Local Government shall be transmitted to State in the form of
photocopy reproduction on a monthly basis as required by State. The originals shall remain the
property of Local Government.
19. Document and Information Exchange
Local Government agrees to electronically deliver to State all general notes, specifications,
contract provision requirements, and related documentation in a Microsoft Word or similar
format. If requested by State, Local Government will use State's document template. Local
Government shall also provide a detailed construction time estimate, including types of
activities and month in which the activity will be completed, in the format required by State. This
requirement applies whether Local Government creates the documents with its own forces or
by hiring a consultant or professional provider. At the request of State, Local Government shall
submit any information required by State in the format directed by State.
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District# 14-AUS Code Chart 64# 36750-City of
Round Rock
Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research&Development
20. 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, Local Government
shall furnish State with satisfactory proof of this compliance.
21. 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.
22. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in 2 CFR Part 200 that specify that all reimbursed costs are allowable, reasonable,
and allocable to Project.
23. Procurement and Property Management Standards
The parties to this Agreement shall adhere to the procurement and property management
standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management
Standards. The State must pre-approve the Local Government's procurement procedures for
purchases to be eligible for state or federal funds.
24. Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers, accounting records,
and other documentation relating to costs incurred under this Agreement and shall make such
materials available to the State, the Local Government, and, if federally funded, the FHWA and
the U.S. Office of the Inspector General or their duly authorized representatives for review and
inspection at its office during the Agreement period and for seven (7) years from the date of
final reimbursement by FHWA under this Agreement or until any impending litigation or claims
are resolved. Additionally, the State, the Local Government, and the FHWA and their duly
authorized representatives shall have access to all the governmental records that are directly
applicable to this Agreement for the purpose of making audits, examinations, excerpts, and
transcriptions.
25. Civil Rights Compliance
The parties to this Agreement are responsible for the following:
A. Compliance with Regulations: Both parties will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S.
Department of Transportation (USDOT), the Federal Highway Administration (FHWA),
as they may be amended from time to time, which are herein incorporated by reference
and made part of this Agreement.
B. Nondiscrimination: The Local Government, with regard to the work performed by it
during the Agreement, will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurement of
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District# 14-AUS Code Chart 64# 36750-City of
Round Rock
Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research&Development
materials and leases of equipment. The Local Government will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the Agreement covers any activity, project, or program set
forth in Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts, 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 will be notified by the
Local Government of the Local Government's obligations under this Agreement and the
Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or
national origin.
D. Information and Reports: The Local Government will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto, and will
permit access to its books, records, accounts, other sources of information, and
facilities as may be determined by the State or the FHWA to be pertinent to ascertain
compliance with such Acts, Regulations or directives. Where any information required
of the Local Government is in the exclusive possession of another who fails or refuses
to furnish this information, the Local Government will so certify to the State or the
FHWA, as appropriate, and will set forth what efforts it has made to obtain the
information.
E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance
with the Nondiscrimination provisions of this Agreement, the State will impose such
contract sanctions as it or the FHWA may determine to be appropriate, including, but
not limited to:
1. withholding of payments to the Local Government under the Agreement until the
Local Government complies and/or
2. cancelling, terminating, or suspending of the Agreement, in whole or in part.
F. Incorporation of Provisions: The Local Government will include the provisions of
paragraphs (A) through (F) in every subcontract, including procurement of materials
and leases of equipment, unless exempt by the Acts, the Regulations and directives
issued pursuant thereto. The Local Government will take such action with respect to
any subcontract or procurement as the State or the FHWA may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided, that if the
Local Government becomes involved in, or is threatened with, litigation with a
subcontractor or supplier because of such direction, the Local Government may request
the State to enter into such litigation to protect the interests of the State. In addition, the
Local Government may request the United States to enter into such litigation to protect
the interests of the United States.
26. Pertinent Non-Discrimination Authorities
During the performance of this Agreement, each party, for itself, its assignees, and successors
in interest agree to comply with the following nondiscrimination statutes and authorities;
including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro-
hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of federal or federal-aid programs and projects).
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AFA CS1s 0914-05-240 CFDA Title Highway Planning and Construction
District# 14-AUS Code Chart 64# 36750-City of
Round Rock
Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research&Development
C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits
discrimination on the basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27.
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color, national origin, or
sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the federal-aid recipients, subrecipients and contractors,
whether such programs or activities are federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on
the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131-12189) as implemented by Department of Transportation regulations at 49
C.F.R. Parts 37 and 38.
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures nondiscrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, the parties must take reasonable steps to ensure that LEP persons have
meaningful access to the programs (70 Fed. Reg. at 74087 to 74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties
from discriminating because of sex in education programs or activities (20 U.S.C. 1681
et seq.).
27. Disadvantaged Business Enterprise Program Requirements
A. The parties shall comply with the Disadvantaged Business Enterprise ("DBE") Program
requirements established in 49 CFR Part 26.
B. Local Government shall adopt, in its totality, State's federally approved DBE program.
C. Local Government shall set an appropriate DBE goal consistent with State's DBE
guidelines and in consideration of Local market, project size, and nature of the goods or
services to be acquired. Local Government shall have final decision-making authority
regarding the DBE goal and shall be responsible for documenting its actions.
D. Local Government shall follow all other parts of 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
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District# 14-AUS Code Chart 64# 36750-City of
Round Rock
Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research&Development
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. Local Government shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of any DOT-assisted contract or in the administration
of its DBE program or the requirements of 49 CFR Part 26. 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. 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 Local Government of its failure to carry out its approved program, State
may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate
cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud
Civil Remedies Act of 1986 (31 USC § 3801 et seq.).
F. Each contract Local Government signs with a contractor (and each subcontract the
prime contractor signs with a subcontractor) 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 breach of this agreement, which may result in the termination
of this agreement or such other remedy as the recipient deems appropriate."
28. 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, Local Government certifies that it and its principals are not currently debarred,
suspended, or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order
12549, and further certifies that it will not do business with any party, to include principals, that
is currently debarred, suspended, or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549. The parties to this Agreement
shall require any party to a contract, subcontract, or purchase order awarded under this
Agreement to certify its eligibility to receive federal funds and, when requested by State, to
furnish a copy of the certification.
If state funds are used, the parties are prohibited from making any award to any party that is
debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G,
Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G.
29. 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
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AFA CSIs 0914-05-240 CFDA Title Highway Planning and Construction
District# 14-AUS Code Chart 64# 36750-City of
Round Rock
Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research&Development
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 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 sub-awards at all tiers (including subcontracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and all sub-recipients shall
certify and disclose accordingly. Submission of this certification is a prerequisite
imposed by 31 USC §1352 for making or entering into this transaction. 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.
30. 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/pkq/FR-2010-09-14/pdf/2010-22705.pdf and
http://www.qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pd .
B. Local Government agrees that it shall:
1. Obtain and provide to State a System for Award Management (SAM) number
(Federal Acquisition Regulation (FAR) Subpart 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://sam.gov/SAM/pages/public/index.jsf
2. Obtain and provide to State a Data Universal Numbering System (DUNS)
number, a unique nine-character number that allows the federal government to
track the distribution of federal money. The DUNS number may be requested
free of charge for all businesses and entities required to do so by visiting the
Dun & Bradstreet on-line registration website http://fedgov.dnb.com/webform;
and
3. Report the total compensation and names of its top five executives to State if:
a. More than 80 percent of annual gross revenues are from the Federal
government, and those revenues are greater than $25,000,000; and
b. The compensation information is not already available through reporting
to the U.S. Securities and Exchange Commission.
31. 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 Part
200.
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District# 14-AUS Code Chart 64# 36750-City of
Round Rock
Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research&Development
B. If threshold expenditures of$750,000 or more are met during the fiscal year, the Local
Government must submit a Single Audit Report and Management Letter (if applicable)
to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact
TxDOT's Compliance Division at singleaudits(cDtxdot.gov .
C. If expenditures are less than the threshold during Local Government's fiscal year, Local
Government must submit a statement to TxDOT's Compliance Division as follows: We
did not meet the $ expenditure threshold and therefore, are not required to have
a single audit performed for FY
D. For each year Project remains open for federal funding expenditures, 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 Project has been formally closed out and no charges have been
incurred within the current fiscal year.
32. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented.
Each party is signing this agreement on the date stated under that party's signature.
THE STATE OF TEXAS THE LOCAL GOVERNMENT
Signature Signature
Kenneth Stewart Craig Morgan
Typed or Printed Name Typed or Printed Name
Director of Contract Services Mayor
Typed or Printed Title Typed or Printed Title
Date Date
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AFA CSJs 0914-05-240 CFDA Title Highway Planning and Construction
District# 14-AUS Code Chart 64# 36750-City of Round
Rock
Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research &Development
ATTACHMENT A
PROJECT LOCATION MAP
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Page 1 of 1
AFA TASA Attachment A
TxDOT: Federal Highway Administration:
CCs1# 0914-05-240 1 AFA ID Z00009254 CFDA No. 20.205
AFA Csls 0914-OS-240 CFDA Title Highway Planning and Construction
District# 14- Code Chart 64# 0-City of Round
AUS Rock
Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research&Development
ATTACHMENT B
PROJECT ESTIMATE AND SOURCE OF FUNDS
LG Performs PE Work or Hires Consultant / LG Lets Project for Construction
Work d by Local Government
Description of Total Project Federal Participation State Participation Local Government
Project Costs to be Incurred Cost Estimate Includes percentage for TDC Includes authorized Participation
apportionment on projects where EDC amounts Includes authorized
applicable EDC reduction
% Cost % Cost % Cost
Planning/Maps/Education/Non-CST $0 0% $0 0% $0 0% $0
Preliminary Engineering $0 0% $0 0% $0 0% $0
Environmental Cost $0 0% $0 0% $0 0% $0
Right of Way $0 0% $0 0% $0 0% $0
Utilities $0 0% $0 0% $0 0% $0
Construction Cost $6,916,506
Construction $
Engineering Cost
Eligible In-Kind $
Contribution Value
Total Construction Value
1—m of construction cost and in-kind value 6,916,5Q6 8Q°o 5,533,205 0°io
$ 1)U Zu°%o $1,383,3Q"I
Work by LG Subtotal I $0 1 $5,533,205 1 $0 $1,383,301
PerformedWork paid up front by LG to TxDOT)
Preliminary Engineering' $0 0% $0 0% $0 0% $0
Environmental Cost' $0 0% $0 0% $0 0% $0
Right of Way3 $0 0% $0 0% $0 0% $0
Utilities2 $0 0% $0 0% $0 0% $0
Construction Cost $
Eligible In-Kind $ $0 0% $0 0% $0 0% $0
Contribution Value
AFA TASA Page 1 of 3 Attachment B 1/23/2024
TxDOT: Federal Highway Administration:
CCSJ# 0914-05-240 1 AFA ID Z00009254 CFDA No. 20.205
AFA CSJs 0914-OS-240 CFDA Title Highway Planning and Construction
District# 14- Code Chart 64# 0-City of Round
AUS Rock
Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research&Development
Total Construction Value
sum of construction cost and in-kind value
Work by State Subtotal $0 $0 $0 $0
OversightDirect and Indirect State Costs Incurred for Review, Inspection, Administration &
Description of Total Project Federal Participation State Participation Local Government (LG)
Project Costs to be Incurred Cost Estimate Includes percentage for TDC Includes authorized Participation
apportionment on projects where EDC amount Includes authorized
applicable
EDC reduction
% Cost % Cost % Cost
Preliminary Engineering' $144,227 80% $115,381.83 0% $0 20% $28,845.46
Environmental Cost' $96,152 80% $76,921.22 0% $0 20% $19,230.30
Right of Way' $28,845 80% $23,076.37 0% $0 20% $5,769.09
Utilities' $19,230 80% $15,384.24 0% $0 20% $3,846.06
Construction2 $673,061 80% $538,448.53 0% $0 20% $134,612.13
Direct State Costs Subtotal $961,515 80% $769,212 0% $0 20% $192,303.05
Indirect State Cost $318,159 $0 100% $318,159 $0
TOTAL PARTICIPATION $8,196,180 $6,302,417 $318,159 $1,575,604
In-kind Contribution Credit Applied .. '" .. 0% $0
TOTAL REMAINING
PARTICIPATION AFTER $1,575,604
IN-KIND CONTRIBUTION
■ The estimated total participation by Local Government is $1,575,604.
■ The Local Government is responsible for 100% of overruns.
■ Total estimated payment by Local Government to State is $192,303.
■ 'Local Government's first payment of$57,691 is due to State within 30 days from execution of this contract.
■ 2 Local Government's second payment of$134,612 is due to State within 60 days prior to the Construction contract being advertised for bids.
■ 'If ROW is to be acquired by State, Local Government's share of property cost will be due prior to acquisition.
AFA TASA Page 2 of 3 Attachment B 1/23/2024
TxDOT: Federal Highway Administration:
CCSI# 0914-05-240 1 AFA ID 200009254 CFDA No. 20.205
AFA CSIs 0914-05-240 CFDA Title Highway Planning and Construction
District# 14 Code Chart 64# 36750-City of Round
AUS Rock
Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research&Development
■ The local match must be 20% or greater and may include State contributions, eligible in-kind contributions, EDC adjustments, or TDCs if
authorized as part of project selection.
■ Transportation Development Credits (TDC) are being utilized in place of the Local Government's participation in the amount of 0.00.
■ This is an estimate; the final amount of Local Government participation will be based on actual costs.
■ Maximum federal TASA funds available for Project are $6,302,417.
AFA TASA Page 3 of 3 Attachment B 1/23/2024
TxDOT: Federal Highway Administration:
CCSJ# 0914-05-240 AFA ID Z00009254 CFDA No. 20.205
AFA CSJs 0914-05-240 CFDA Title Highway Planning and Construction
District# 14-AUS Code Chart 64# 36750-City of Round
Rock
Project Name Heritage Trail Shared Use Path(SUP) AFA Not Used For Research &Development
ATTACHMENT C
RESOLUTION OF LOCAL GOVERNMENT
Page 1 of 1
AFA TASA Attachment C