Contract - Texas Department of Transportation - 6/25/2020 �TxDOT: Federal Highway Administration:
CSJ# 0914-05-164 and 0914-05-165 CFDA No. 20.205
District# 14-AUS CFDA Title Highway Planning and Construction
Code Chart 64# 36750
UPRR Grade Crossings—
Project Name AFA Not Used For Research&Development
Safety/Quiet Zone
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For
Federal Earmark Project
Off-System
AMENDMENT #1
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the"State", and the City of Round Rock, acting by and through
its duly authorized officials, called the"Local Government". The State and Local Government shall be
collectively referred to as"the parties" hereinafter.
WITNESSETH
WHEREAS, the parties executed a contract on March 25, 2011 to effectuate their agreement to
upgrade railroad crossing; and,
WHEREAS, additional funding has been awarded through Modification of Federal-Aid Project
Agreement as follows:
1) CSJ#0914-05-164, Federal Project Number STP 2009(141), FHWA authorized date
9/12/2014 for$423,865
2) CSJ#0914-05-165, Federal Project Number STP 2009(142), FHWA authorized date
9/12/2014 for$423,865;
WHEREAS, it has become necessary to amend that contract to incorporate the additional funding for
the Project described in the contract, and to update certain Articles of the contract to reflect current
law and policy;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of
the parties, the parties do agree as follows:
AGREEMENT
The parties agree that the Agreement is amended as follows:
1. Attachment C, Project Budget, is deleted in its entirety and is replaced with Attachment C-I,
which is attached to this Amendment. The total estimated cost of the Project is increased by
$918,923, from $465,837 to $1,384,760.
Page 1 of 2
AFA Amend Rev 12/9/19
TxDOT: Federal Highway Administration:
CSJ# 0914-05-164 and 0914-05-165 CFDA No. 20.205
District# 14-AUS CFDA Title Highway Planning and Construction
Code Chart 64# 36750
Project Name UPRR Grade Crossings— AFA Not Used For Research&Development
Safety/Quiet Zone
2. The Agreement is amended by adding Attachment D-1, Replaced and New Articles of
Agreement, which is attached to this Amendment.
All other provisions of the original contract are unchanged and remain in full force and effect.
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 TH LOC G VERNMENT
Signature gnature
J. Dan Maupin, P.E. Craig Morgan
Typed or Printed Name Typed or Printed Name
Contract Review Section Director Mayor
Typed or Printed Title Typed or Printed Title
° 1I'F- 7oZo-
‘7'25 .2.02-0
Date Date
Page 2 of 2
AFA Amend Rev 12/9/19
TxDOT::.1. 1 Federal Highway Administration:
CSJ# 0914-05-164 and 0914-05-165 CFDA No. 20.205
District# 14-AUS CFDA Title Highway Planning and Construction
Code Chart 64# 36750
_ . . .
UPRR Grade Crossings—
Project Name AFA Not Used For Research&Development
Safety/Quiet Zone
ATTACHMENT C-I
PROJECT BUDGET ESTIMATE
Costs will be allocated based on 100% Federal funding and Local Government
funding until the Federal funding reaches the maximum obligated amount. The Local
Government will then be responsible for 100% of the costs.
Total Federal State Participation Local
Description Estimated Participation Participation
Cost % Cost % Cost % Cost
0914-05-164
Preliminary Engineering,
and Construction (by Local $650,000 100% $650,000 0% $0 0% $0
Government)
0914-05-165
Preliminary Engineering,
and Construction (by Local $650,000 100% $650,000 0% $0 0% $0
Government)
•
5ubtatal $1300�000 $1,�00,000 <SQ : : $0
Direct... Environmental $2,600 Oc/0
State (10/) $0 0/o $0 100% $2,600
Costs= Engineering 0$3,900 % 0°/0$0 $0 100% $3,900
ROW/Util $1,300 0% 0%$0 $0 100% $1,300
Construction Direct State $18,200 0% $0 0% $0 100%
Costs(70%) $18,200
Indirect State Costs 0%$58,760 0$0 $58,760 0/o $0
$1,300,000 $58,760 $26,000
The Local Government has paid to the State: $13,567.00
Payment by the Local Government to the State before construction: $12,433.00
Estimated total payment by the Local Government to the State: $26,000.00
This is an estimate. The final amount of Local Government participation will be
based on actual costs.
Page 1 of 1
AFA Amend Attachment C-I
- • • •
TxDOT: Federal Highway Administration:
CSJ# 0914-05-164 and 0914-05-165 CFDA No. 20.205
District# 14-AUS CFDA Title Highway Planning and Construction
Code Chart 64# 36750
UPRR Grade Crossings-
Project Name AFA Not Used For Research&Development
Safety/Quiet Zone
ATTACHMENT D-1
REPLACED ARTICLES OF AGREEMENT
Articles in the numerical order of the prime Agreement are deleted in their entirety from the
Agreement and replaced:
Number Name of Article
Article 3 Local Project Sources and Uses of Funds
Article 9 . Compliance with Texas Accessibility Standards and ADA
Article 10 Architectural and Engineering Services
Article 20 Cost Principles
Article 21 Procurement and Property Management Standards
Article 22 Inspection of Books and Records
Article 23 Single Audit Report
Article 24 Civil Rights Compliance
Article 25 Disadvantaged Business Enterprise Program Requirements
Article 30 Pertinent Non-Discrimination Authorities
Article 31 Federal Funding Accountability and Transparency Act Requirements
The above Articles in the Agreement are replaced with the following:
3. Project Sources and Uses of Funds
The total estimated cost of the Project is shown in Attachment C, Project Budget, (Attachment
C)which is attached to and made a part of this Agreement.
A. If the Local Government will perform any work under this Agreement for which
reimbursement will be provided by or through the State, the Local Government must
complete training. If federal funds are being used, the training must be completed
before federal spending authority is obligated. Training is complete when at least one
individual who is working actively and directly on the Project successfully completes
and receives a certificate for the course entitled "Local Government Project Procedures
and Qualification for the Texas Department of Transportation" and retains qualification
in accordance with applicable TxDOT procedures. Upon request, the Local
Government shall provide the certificate of qualification to the State. The individual
who receives the training certificate may be an employee of the Local Government or
an employee of a firm that has been contracted by the Local Government to perform
oversight of the Project. The State in its discretion may deny reimbursement if the
Local Government has not continuously designated in writing a qualified individual to
work actively on or to directly oversee the Project.
B. The expected cash contributions from the federal government, the State, the Local
Government, or other parties are shown in Attachment C. The State will pay for only
those Project costs that have been approved by the Texas Transportation Commission.
The State and the federal government will not reimburse the Local Government for any
work performed before the federal spending authority is formally obligated to the
Project by the Federal Highway Administration (FHWA). After federal funds have been
Page 1 of 8
AFA Amend Attachment D-1
• TxDOT Federal Highway Administration:
CSJ# 0914-05-164 and 0914-05-165 CFDA No. 20.205
District# 14-AUS CFDA Title Highway Planning and Construction
Code Chart 64# 36750
, • . . . . . . •
UPRR Grade Crossings—
Project Name AFA Not Used For Research peVelopment
Safety/Quiet Zone
obligated, the State will send to the Local Government a copy of the formal
documentation showing the obligation of funds including federal award information.
The Local Government is responsible for 100% of the cost of any work performed
under its direction or control before the federal spending authority is formally obligated.
C. Attachment C shows, by major cost categories, the cost estimates and the party
responsible for performing the work for each category. These categories may include
but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of
environmental assessment and remediation; (4) cost of preliminary engineering and
design; (5)cost of construction and construction management; and (6) any other local
project costs.
D. The State will be responsible for securing the federal and State share of the funding
required for the development and construction of the local Project. If the Local
Government is due funds for expenses incurred, these funds will be reimbursed to the
Local Government on a cost basis.
E. The Local Government will be responsible for all non-federal or non-State participation
costs associated with the Project, unless otherwise provided for in this Agreement or
approved otherwise in an amendment to this Agreement. Where Special Approval has
been granted by the State under 43 TAC §15.52, the Local Government shall only in
that instance be responsible for overruns in excess of the amount specified in
Attachment C to be paid by the Local Government.
F. If the Project has been approved for a specified percentage or a periodic payment non-
standard funding or payment arrangement under 43 TAC §15.52, the budget in
Attachment C will clearly state the specified percentage or the periodic payment
schedule.
G. When Special Approval has been granted by the State so that the Local Government
bears the responsibility for paying cost overruns, the Local Government shall make
payment to the State within thirty(30) days from the receipt of the State's written
notification of those amounts.
H. 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 performed or reviewed by the State 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.
I. The State will not execute the contract for the construction of the Project until the
required funding has been made available by the Local Government in accordance
with this Agreement.
J. Whenever funds are paid by the Local Government to the State under this Agreement,
the Local Government shall remit a check or warrant made payable to the"Texas
Department of Transportation" or may use the State's Automated Clearing House
(ACH) system for electronic transfer of funds in accordance with instructions provided
by TxDOT's Finance Division. The funds shall be deposited and managed by the State
and may only be applied by the State to the Project.
K. The State will not pay interest on any funds provided by the Local Government.
Page 2 of 8
AFA Amend Attachment D-1
TxDOT: Federal Highway Administration:
CSJ# 0914-05-164 and 0914-05-165 CFDA No. 20.205
District# 14-AUS CFDA Title Highway Planning and Construction
Code Chart 64# 36750
Project Name UPRR Grade Crossings— AFA Not Used for Research&Development
Safety/Quiet Zone
L. If a waiver for the collection of indirect costs for a service project has been granted
under 43 TAC§15.56, 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.
M. If the Local government is an Economically Disadvantaged County(EDC) and if the
State has approved adjustments to the standard financing arrangement, this
Agreement reflects those adjustments.
N. Where the Local Government is authorized to perform services under this Agreement
and be reimbursed by the State, the Local Government is authorized to submit
requests for reimbursement by submitting the original of an itemized invoice in a form
and containing all items required by the State no more frequently than monthly, and no
later than ninety(90)days after costs are incurred. If the Local Government submits
invoices more than ninety (90) days after the costs are incurred and if federal funding is
reduced as a result, the State shall have no responsibility to reimburse the Local
Government for those costs.
O. Upon completion of the Project, where Special Approval has been granted by the State
under 43 TAC 15.52, the State will perform a final accounting 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.
P. The state auditor may conduct an audit or investigation of any entity receiving funds
from the State directly under this Agreement or indirectly through a subcontract under
this Agreement. Acceptance of funds directly under this Agreement or indirectly
through a subcontract under this Agreement acts as acceptance of the authority of the
state auditor, under the direction of the legislative audit committee,to conduct an audit
or investigation in connection with those funds. An entity that is the subject of an audit
or investigation must provide the state auditor with access to any information the state
auditor considers relevant to the investigation or audit.
Q. Payment under this Agreement beyond the end of the current fiscal biennium is subject
to availability of appropriated funds. If funds are not appropriated, this Agreement shall
be terminated immediately with no liability to either party.
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
The party named in Article 1, Responsible Parties, under AGREEMENT has responsibility for
the performance of architectural and engineering services. The engineering plans shall be
developed in accordance with the applicable State's Standard Specifications for Construction
and Maintenance of Highways, Streets and Bridges and the special specifications and special
provisions related to it. For projects on the State highway system, the design shall, at a
minimum conform to applicable State manuals. For projects not on the State highway system,
the design shall, at a minimum, conform to applicable American Association of State Highway
and Transportation Officials (AASHTO)design standards.
Page 3 of 8
AFA Amend Attachment D-1
TxDOT: Federal Highway Administration:
CSJ# 0914-05-164 and 0914-05-165 CFDA No. 20.205
District# 14-AUS CFDA Title Highway Planning and Construction
Code Chart 64# 36750
Project Name UPRR Grade Crossings— AFA Not Used For Research&Development
Safety/Quiet Zone
In procuring professional services, the parties to this Agreement must comply with federal requirements
cited in 23 CFR Part 172 if the Project is federally funded and with Texas Government Code 2254,
Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal
requirements, specifically including the provision for participation by Disadvantaged Business
Enterprises (DBEs), ADA, and environmental matters. If the Local Government is the responsible party,
the Local Government shall submit its procurement selection process for prior approval by the State. All
professional services contracts must be reviewed and approved by the State prior to execution by the
Local Government.
20. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the cost principles
established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and
allocable to the Project.
21. Procurement and Property Management Standards
The parties to this Agreement shall adhere to the procurement standards established in Title
49 CFR §18.36, to the 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.
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
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.
23. Single Audit Report
If federal funds are used:
A. The parties shall comply with the single audit report requirements stipulated in 2 CFR
200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards.
B. If threshold expenditures of$750,000 or more are met during the fiscal year, the Local
Government must submit a Single Audit Report and Management Letter (if applicable)
to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact
TxDOT's Compliance Division by email at singleauditstxdot.gov.
C. If expenditures are less than the threshold during the Local Government's fiscal year,
the Local Government must submit a statement to TxDOT's Compliance Division as
Page 4 of 8
AFA Amend Attachment D-1
TxDOT: Federal Highway Administration:
CSJ# 0914-05-164 and 0914-05-165 CFDA No. 20.205
District# 14-AUS CFDA Title Highway Planning and Construction
Code Chart 64# 36750
UPRR Grade Crossings—
Project Name AFA Not Used For Research&Development
Safety/Quiet Zone
follows: "We did not meet the $ expenditure threshold and therefore, are not
required to have a single audit performed for FY ."
D. For each year the Project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described
above. The required annual filing shall extend throughout the life of the Agreement,
unless otherwise amended or the Project has been formally closed out and no charges
have been incurred within the current fiscal year.
24. 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
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.
Page 5 of 8
AFA Amend Attachment D-1
TxDOT: Federal Highway Administration:
CSJ# 0914-05-164 and 0914-05-165 CFDA No. 20.205
District# 14-AUS CFDA Title Highway Planning and Construction
Code Chart 64# 36750
Project Name UPRR Grade Crossings— AFA Not Used For Research&Development
Safety/Quiet Zone
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.
25. Disadvantaged Business Enterprise (DBE) Program Requirements
If federal funds are used:
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
B. The Local Government shall adopt, in its totality, the State's federally approved DBE
program.
C. The Local Government shall incorporate into its contracts with subproviders an
appropriate DBE goal consistent with the State's DBE guidelines and in consideration
of the local market, project size, and nature of the goods or services to be
acquired. The Local Government shall submit its proposed scope of services and
quantity estimates to the State to allow the State to establish a DBE goal for each
Local Government contract with a subprovider. The Local Government shall be
responsible for documenting its actions.
D. The Local Government shall follow all other parts of the State's DBE program
referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the
Adoption of the Texas Department of Transportation's Federally-Approved
Disadvantaged Business Enterprise by Entity, and attachments found at web address
http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf.
E. The Local Government shall not discriminate on the basis of race, color, national origin,
or sex in the award and performance of any U.S. Department of Transportation (DOT)-
assisted contract or in the administration of its DBE program or the requirements of 49
CFR Part 26. The Local Government shall take all necessary and reasonable steps
under 49 CFR Part 26 to ensure non-discrimination in award and administration of
DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26
and as approved by DOT, is incorporated by reference in this
Agreement. Implementation of this program is a legal obligation and failure to carry out
its terms shall be treated as a violation of this Agreement. Upon notification to the
Local Government of its failure to carry out its approved program, the State may
impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate
cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
F. Each contract the Local Government signs with a contractor (and each subcontract the
prime contractor signs with a sub-contractor) must include the following
assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on
Page 6 of 8
AFA Amend Attachment D-1
. k. .
TxDOT Federal Highway Administration:
• • •
CSJ# 0914-05-164 and 0914-05-165 CFDA No. 20.205
District# 14-AUS CFDA Title Highway Planning and Construction
Code Chart 64# 36750 . .
Project Name UPRR Grade Crossings— AFA Not Used For Research 8 Development
Safety/Quiet Zone
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.
30. Pertinent Non-Discrimination Authorities
During the performance of this Agreement, each party, for itself, its assignees, and successors
in interest agree to comply with the following nondiscrimination statutes and authorities;
including but not limited to:
A. Title VI of the Civil Rights Act of 1964(42 U.S.C. § 2000d et seq., 78 stat. 252), (pro-
hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of federal or federal-aid programs and projects).
C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits
discrimination on the basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.)as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27.
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits
discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color, national origin, or
sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities"to include all of the
programs or activities of the federal-aid recipients, subrecipients and contractors, •
whether such programs or activities are federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on
the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38.
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. §47123)
(prohibits discrimination on the basis of race, color, national origin, and sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures nondiscrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Page 7 of 8
AFA Amend Attachment D-1
TxDOT: Federal Highway Administration:
CSJ# 0914-05-164 and 0914-05-165 CFDA No. 20.205
District# 14-AUS CFDA Title Highway Planning and Construction
Code Chart 64# 36750
Project Name UPRR Grade Crossings— AFA Not Used For Research&Development
Safety/Quiet Zone
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.).
31. Federal Funding Accountability and Transparency Act Requirements
If federal funds are used, the following requirements apply:
A. Any recipient of funds under this Agreement agrees to comply with the Federal
Funding Accountability and Transparency Act (FFATA) and implementing regulations
at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following
award terms: http://www.qpo.qov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and
http://www.qpo.qov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf.
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM) number
(Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more
than $25,000 in federal funding. The SAM number may be obtained by visiting the
SAM website whose address is: https://sam.gov/SAM/pages/public/index.jsf
2. Obtain and provide to the State a Data Universal Numbering System (DUNS)
number, a unique nine-character number that allows federal government to track
the distribution of federal money. The DUNS may be requested free of charge for
all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B)
on-line registration website http://fedgov.dnb.com/webform; and
3. Report the total compensation and names of its top five executives to the State if:
i. More than 80% of annual gross revenues are from the federal government, and
those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the
U.S. Securities and Exchange Commission.
Page 8 of 8
AFA Amend Attachment D-1
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