18-340S:\Legal\Our pocuments\Ordinances\18\TASA Uinnings_Lee Ordinance 031418 - TL rev.doc
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WHEREAS, federal funding will provide Seven Hundred Sixty-Two Thousand Three
Hundred Eleven Dollars ($762,311.00) of the Project funding and state funding will provide
Fifty-Faur Thousand Twenty Eight and 76/100 Dallars ($54,028.76) af the Project funding, the
federal and state funds combine to account for Eighty percent (80%) of the tatal Project costs;
and
WHEREAS, the City will provide Twenty percent (20%} of the total Project funding as
local match in the amount af One Hundred Ninety Thousand Five Hundred Seventy-Seven
Dollars ($190,577.00) covering the total estimated amaunt of the Project cost in the sum af One
Million Six Thousand Nine Hundred Sixteen and 76/100 Dollars ($1,006,916.76_; and
WHEREAS, the City Cauncil having considered the importance of the Safe Routes to
School — Ginnings Elementary School and Lee Elementary School Project ta the citizens of
Dentan, Texas, and finding that it is in the public's health and safety interest, is of the apinian
that it should apprave the Advanced Funding Agreement attached hereto by and between the
City and TxDOT; NOW THEREFORE
• • • ' ! • ' : • ''.1 �
SECTION l. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference as true and as if fully set forth in the body of this ordinance.
'������" l ld��_�., The City Manager of the City of Denton, or his designee, is hereby
authorized to execute on behalf af the City the Advance Funding Agreement ("AFA") with the
Texas Department of Transportation, a copy of which is attached hereto �s Exhibit ccA" and made
a part hereof for all purposes.
SECTION 3. The City Manager, or his designee, is further authorized to carry out all
duties and agreements to be performed by the City under the AFA, including, but not limited to,
the expenditure of funds.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.�..� .............,.,�
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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STATE OF TEXAS
COUNTY OF TRAVIS
ADVANCE FUNDING AGREEMENT
FOR A TRANSPORTATION ALTERNATIVES
SET-ASIDE (TASA) PROGRAM PROJECT
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This Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program
Project ("AgreemenY') is made between the State of Texas (State), acting through the Texas
Department of Transportation, and the �H�� +�� ��r�►��r�u (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 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 ���tN`� 4�t�s�r���� �c�_IT`��k�r�sal .: �"�ar�drv�w��� �f��r7��ra��ar�, �����c��'�1 ��wc�m l ����,� I�:n�°a��priw�e�y �c k?��a�l
(Project), and
WHEREAS, the Texas Transportation Commission (Commission) passed Minute Order Number
115076(MO) dated �7c��c�t�c�,m������C��V'i" and Minute Order Number 115005 dated �i�,�wu�.�a� ��� ��"N +
Page 1 of 18
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awarding funding for TASA projects in the 2017 TASA Program Call of the �9��r�1� ����r�;�a T�e��z��
��a�wr��iN ¢�� �,�e��rr�M7��r9�r��C�,, including Project, and
WHEREAS, the governing body �a� h� k����,1 `����r�pu���ent has approved entering into this Agreement
by resolution or ordinance dated �����s���r��°, �,� :�"��'�°�; which is attached to and made a part of this
Agreement as Attachment A, Resolution or Ordinance. A map showing the Project location appears
in Attachment B, 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
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 the construction concrete sidewalks at Lee
Elementary School and Ginnings Elementary School. At Lee Elementary School, the
sidewalks will consist of two 2350-feet long and 5-feet wide concrete sidewalks, the
first along the east-side of Audra Lane from Audra Lane to just north of Lattimore
Street, and the second along the east-side of Mulkey Lane from Oak Tree Drive to
Paisley Street with striped crosswalk at Mulkey Lane and Paisley Street. The sidewalks
will include ADA standard curb ramps. At Ginnings Elementary School, the
construction of the concrete sidewalks, 4850-feet long and 5-feet wide, will be along
the east-side and west-side of Stuart Road from Windsor Drive to Sun Valley Drive.
The project will include ADA-standard curb ramps and a pedestrian bridge where the
sidewalk crosses Cooper Creek.
The project will provide access to nearby homes, an apartment complex, safe routes
and connectivity to the schools,
B. Any project changes proposed must be submitted in writing by Local Government to
State. 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.
Page 2 of 18
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3. Project Sources and Uses of Funds
The total estimated development cost of the Project is $1 ��� �1�.�"�' as shown in Attachment
C, Project Budget Estimate and Source of Funds (Attachment C).
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
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 C includes 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 an 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
nomination form is included in Attachment C. Attachment C 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.
Page 3 of 18
AFA-AFA TASA LF Rev 01/03/18
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Safe Routes to School - Ginnings
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F. Local Government will be responsible for all non-federal participation costs associated
with Project, including any overruns in excess of Project's estimated budget and any
operating or maintenance expenses.
G. 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
C 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 C for State's estimated construction oversight and construction cost.
H. 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 C 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.
I. 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.
J. 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.
K. 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.
L. 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.
M. 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 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.
N. State will not pay interest on any funds provided by Local Government.
O. 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.
Page 4 of 18
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P. 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.
Q. If Local government is an Economically Disadvantaged County (EDC) and if 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
re���y� the bre���� �ult}�nin a period mutually agreed upon by ���h parties.
C. If q����� Governa�r��d°�� +�ri�hdraws from Project after this Agree����r�t 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.
D. 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.
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. The associated FPAA is not issued by the end of the third federal fiscal year
following the federal fiscal year for which the funds are authorized. Federal
fiscal years run October 1 through September 30.
7. Local Government fails to attend progress meetings at least twice yearly, as
scheduled by State.
Page 5 of 18
AFA-AFA TASA LF Rev 01/03/18
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„ State, at its sole discretion, may terminate this Agreement if State does not receive
project invoice from Local Government within 270 days of FPAA.
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.
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. Unless specified in (1) the nomination form approved by State or
MPO in consultation with State and (2) this agreement, Local Government will not be
reimbursed with federal or state funds for the cost of required utility work. 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: (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
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. 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.
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.
Page 6 of 18
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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
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; and
with Texas Government Code Subchapter 2254.A., in all cases. Professional services
contracts for federally funded projects must conform to federal requirements. For State-
selected projects, architectural and engineering services are not eligible for TASA
reimbursement.
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 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.
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. 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 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. Local Government shall advertise for construction bids, issue bid proposals, receive
and tabulate the bids, and award and administer the contract for construction of
Page 7 of 18
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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. In order 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. Upon completion of Project, the party constructing Project will issue and sign a
"Notification of Completion" acknowledging Project's construction completion.
E. 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.B.
F. 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 of time commensurate with
the 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.
Page 8 of 18
AFA-AFA TASA LF Rev 01/03/18
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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.
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, and or (2) Local
Government, otherwise. 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
Page 9 of 18 I� �;
AFA-AFA _TASA_,LF � � Rev 01/03/18
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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.
G. For State-selected TASA projects, Local Government shall not use eminent domain or
��w�d�w�r°a��i��� �� �c��ir� a°��� �rsa���r��y i�a� �hi� T�1�� G�K�����..
H. �c�i�rrbu����rr��r�i ��r r���� prc��c�riy ����� w�ill �� r��ci� i� �.�c�B (�overnment for r��l
�r�p��o°��� p���ad°�tl�������� ic� �r� �a������A�� r�a��f t� �����wd �� p�r��r�t �f�the cost of the e����N
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.
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 as outlined in 43 Tex.
Admin. Code §11.317. The separate agreement 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
ProjecYs 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.
Page 10 of 18
AFA-AFA TASA LF Rev 01/03/18
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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
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:
City of Denton
ATTN: City Manager
215 East McKinney
Denton, Texas 76201
Copy to:
City of Denton
ATTN: City Attorney
215 East McKinney
Denton, Texas 76201
State:
Texas Department of Transportation
ATTN: Director of Contract Services
125 E. 11 `h Street
Austin, TX 78701
All notices shall be deemed given on the date delivered in person or deposited in the mail,
unless otherwise provided by this agreement. Either party may change the above address by
sending written notice of the change to the other party. Either party may request in writing that
notices shall be delivered personally or by certified U.S. mail, and that request shall be carried
out by the other party.
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.
Page 11 of 18
AFA-AFA TASA LF Rev 01/03/18
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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, related to this Agreement, 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.
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. i �
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 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.
Page 12 of 18
AFA-AFA TASA LF Rev 01/03/18
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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 three (3) 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. Gr�o�� pd�r��� �atN� ��;ul�toare��; 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. ��li�rt�t��an� 6�r ��d�a�c�r�ic�;��� Ir��l�,�c�ic�� �rr����w°���p�r�t �af N��t�ri�l� ���N � t�w �a�t�N�t: 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. �o�fc���,d�r���i�r� ���r� F���r�s. 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. �����ti���� �t�r �cs�°���rr� 6w.��: In the event of the Local Government's noncompliance
with the Nondiscrimination provisions of this Agreement, the State will impose such
Page13of18
AFA-AFA TASA LF Rev 01/03/18
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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, D����ar,��r�tf�r� �� ��r�v��ic�a��: The Local Government will include the provisions of
��s�r��r����l�� (A) �6�ro�w�l�ro ��� k� �v�w°y subc�a�rtract, ir��BGb�iwn� ,�r������a�o����t of r��t��w��V�
�x��r� V��s��� of e�,t�6pr����r�t, �r�l��� ��xempt G�y� �he ���t�, t�re ���`�rV���l�r�� �nd �Nr�c��v��
'r���sc�� p��r�uan� �h��er�9c�, ih�� �.�r�l Gover��w�ent ^�r��q ���e �u�l� ���Vc�ru �with r�;�,���� �a
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).
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.
Page 14 of 18
AFA-AFA TASA LF Rev 01/03/18
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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. Disadvanta��� �a��iness Enterprise Program F�+��quire���nts �'�,
A. The ���s°���� �l��all comply with the DisadvaN�rt��ed �u�6ness 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
Enterprise by Entity, and attachments found at web address:
E���4 ,ll�t��.� .^�i���.tx����' �w�afi�����-�r�w���0�����C� l���a�����r���,�w ���# ���ru�°M���rt�.������.
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
Page 15 of 18
AFA-AFA TASA LF Rev 01/03/18
. . ....... _ � m..� ..�........� , �. 9 . ,,,... _
� � hway Adminlstration,
TxDOT: � � Federal HI �wwwww � „
CSJ # 0918-46-305 CFDA No. 20.205
District # �J����� ����� 18 – Dallas �����'������������� CFDA Title � Highway Planning and Const ����
���� ruction
Code Chart 64 # ........, ,_.__.,. _ _ -- --------- . .............m..,,, ..m ._.. ......._...
11400
.... �� emm.... ...,.... _ _ --------....._ _._...... ________— ..�.�m ......._ .....weea �. ...._.__.—
Safe Routes to School - Ginnings
Project Name Elementary School and Lee i AFA Not Used For Research & Development
Elementary School
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 ineli�flb9e for partico��in�r� �r� Federal As�A�tar�ce
Programs under Executive Order 12549, and fuo�ther certifies �N��� it +�raNl not do bus�rp�.�� 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 appro�ri�ted funds h��r� been paid or will be ���6d by or on behalf of the
parties to any per��n� for influenc;ir�� or attempting to influ�r��e an officer or employee
of any federal agency, a Member of Congress, an �af'6'pcer or �r�p9+�yee of Congr���, or
an employee of a Member of Congress in connectit�r� with tk�� �uu�rding of any ����ral
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 Me�����r of i��ar�s,�ress, an officer or em�aNc�y�� of C��t�Kess, or an employee of a
Member° �f Ct�t�c�N°�ss in connection with f���r�l conir°���s, 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. Th� ��r'1��� ��°��II r��g���m•� tF��� �i�e� I�rv���.����� a�� tn�wi� ��a•t��i�;�t;i��r� 1�c� i�°�c�l���s� 6A� ��r� ��,r���d
do��r���r��s R�w° �II ����-��av�rre��� �� �IN �����s �4r��C�,��ir��g ����a�aratr��k�, ��a�w�w.�r�t�, �r��
cor�t��s��� ��r������ g�����s�� ���N��� ,��� �;����r������ ��r����r�t��� �a�� �1i1 �r��-r��u��a��o���� ,hall
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
Page 16 of 18
AFA-AFA TASA LF Rev 01/03/18
TxDOT: �,, � Federal Highway Ad.. .. ... _._.
minlstratlonr.
�.��...m.�,���,.� mm._�,�,., ____ ................��,_ �. _ �.�_�..._m6�W .._ ........ �..�. ....._..
CSJ # 0918-46-305 CFDA No. 20.205
. � �............____.� m___�. �. ..��..� .�
District # 18 - Dallas CFDA Title Highway Planning and Construction
__________________________ �����.._�_ ,. ,._ _... _..�----. —... ...... � ����n.n.. _ . ....� � .._,.._.....
Code Chart 64 # 11400
...... �......� ,,..... � � - -.._m . . m.......r.......... --------- .. ...__....._.._ . .........
Safe Routes to School - Ginnings
Project Name Elementary School and Lee AFA Not Used For Research & Development
Elementary School
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: �Gt ;liv��+�+.c �a,� avli'�� �� k� 1FW�-�� 1�7-�� ��c���'�_�1 �-��7��,� and
h�9 ;Il�+w�r,� �. ' r�vlk�s �l I��,�F��-��� ����,. � ��" �,��� 1 �lv ��7��? �i.
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 ���:li��+w�.������c�v ��41�u��lr��A�CI�•
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 N��k�:�Of�� �v,t�r�ia.�c�n�1e����c�rr�;
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.
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 i ith Street, Austin, TX 78701 or contact
TxDOT's Compliance Division at :�ir� I��aael��� c� x�i��w .
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 fhe $ expenditure thresho/d and therefore, are not required to
have a sing/e 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.
Page 17 of 18
AFA-AFA TASA LF Rev 01/03/18
TxDOT: � w._...,, . a.. _., .ro. ,.... , ..�.... _ Federal Hlghway Ad���� _
minlstratlon:
.�u.m_ _ � _.. ��._� ____ ..m .r �.m��mmm� _w � �..._� _� � _.........�� � ......._....M� �..... ....�
CSJ # 0918-46-305 CFDA No. 20.205
District #� 18 — Dallas � I CFDA Tltle Highway Planning an �� ���mmmmmmmmmmm�
d Construction
------ � ------------------. ... �... - ---------� ........ ... ... .......�....�� ,._,..............�
Code Chart 64 # 11400
__.....------------------------ . ... .. � _ ___._ ... - -------- ...m. . m... W .................._ ...
Safe Routes to School - Ginnings
Project Name Elementary School and Lee AFA Not Used For Research & Development
Elementary School
32. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government,
THE STATE OF TEXAS
Kenneth Stewart
Director of Contract Services
Texas Department of Transportation
Date
��-i ��� ��� r��n���"
�,. � � .���
`�� µ..��� � � ..:............... � ������m. �__._.�_ ,
Todd Hileman �
City Manager
City of Denton
� ����° ����^�.����__ �mm��.
. ..........� '�•�� ��
����
1�����r���d �.� to Legal Form;
�a�}I �t��r' ��y
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to .��� w��,�,,� � �,� �,� �
,
�Y� �_��"_.���:.�.� _� � � ��
Aaron Leal ������ �� �� � ������
City Attorney
ATTEST:
C:��y ����r�wt��
n
��" � _"� ���.m _�
xa����,� N° tnr�i��;�;�
c�ty � � ��������r��
��� � �
Page 18 of 18
AFA-AFA TASA LF Rev 01/03/18
�....... _ _ ,m. _ .._.�--- m, _.. - � . �,�,
i TxDOT: Federal Hlghway Adminlstratlon:
CSJ # 0918-46-305 CFDA ___.._����� _._..�.._�...�__ ............�����_�_�.
No. 20.205
..Dlstrict# 1... ........ ......�.... �.�...s ............... �_.m.,.. - -- ......... .________---
8— Dallas CFDA Title Hlghway Planning and Construction
�---- -- ------ --- ----- -------- ....... .._____._. .._........ . � ... ��������n.
Code Chart 64 # 11400
......, .�.....�. .._.�� �...... .....�
Safe Routes to School - Glnnings
' ProJect Name Elementary School and Lee AFA Not Used For Research & Development
Elementary School
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
AFA-AFA_TASA P�ge 1 �f 1 Attar.hmAnt A
S:\Legal\Our pocuments\Ordinances\18\TASA Ginnings_Lee Ordinance 031418 - TL rev.doc
ORDINANCE NO. 18-340
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE AN ADVANCE FUNDING AGREEMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A TRANSPORTATION
ALTERNATIVES SET-ASIDE PROGRAM PROJECT (CONSTRUCTION OF SIDEWALKS
AROUND THE GINNINGS AND LEE ELEMENTARY SCHOOL AREAS); AUTHORIZING
THE EXPENDITURE OF FUNDS THEREOF; AND PROVIDNG AN EFFECTIVE DATE
WHEREAS, the City of Denton, Texas ("City") and the Texas Department of
Transportation ("TxDOT") are ready to commence with the "Safe Routes to School — Ginnings
Elementary School and Lee Elementary School Project" begin design and construction of
concrete sidewalks at Lee Elementary School and Ginnings Elementary School generally
described as Safe Routes to School — Ginnings Elementary School and Lee Elementary School
Project CSJ: 0918-46-305; and
WHEREAS, federal funding will provide Seven Hundred Sixty-Two Thousand Three
Hundred Eleven Dollars ($762,311.00) of the Project funding and state funding will provide
Fifty-Four Thousand Twenty Eight and 76/100 Dollars ($54,028.76) of the Project funding, the
federal and state funds combine to account for Eighty percent (80%) of the total Project costs;
and
WHEREAS, the City will provide Twenty percent (20%) of the total Project funding as
local match in the amount of One Hundred Ninety Thousand Five Hundred Seventy-Seven
Dollars ($190,577.00) covering the total estimated amount of the Project cost in the sum of One
Million Six Thousand Nine Hundred Sixteen and 76/100 Dollars ($1,006,916.76_; and
WHEREAS, the City Council having considered the importance of the Safe Routes to
School — Ginnings Elementary School and Lee Elementary School Project to the citizens of
Denton, Texas, and finding that it is in the public's health and safety interest, is of the opinion
that it should approve the Advanced Funding Agreement attached hereto by and between the
City and TxDOT; NOW THEREI'ORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The iindings and recitations contained in the preamble of this ordinance
are incorporated herein by reference as true and as if fully set forth in the body of this ordinance.
�� C;"�[ 1��� �. The City Manager of the City of Denton, or his designee, is hereby
�a
authorized to execute on behalf of the City the Advance Funding Agreement ("AFA") with the
Texas Department of Transportation, a copy of which is attached hereto as Exhibit "A" and made
a part hereof for all purposes.
����;"C IC)�1 ,�.. The City Manager, or his designee, is further authorized to carry out all
duties and agreements to be performed by the City under the AFA, including, but not limited to,
the expenditure of funds.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.......�, �
PASSED AND APPROVED this the ���� day of �'%�%Qi��.�'� , 2018.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�
BY� .__ � . . " .__—
���
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
� ".
���
� � �
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CHRIS 1�V',t�TTS, MAYO � .
_ ...
R
��-_ M. � �... -.... , ,��,. ...... e,..,._ _ .,......
TxDOT: Federal Highway Adminlstratlon:
� CSJ # � � 0915-46-305 � ����� CFDA No. �� ��2 ���������������� � � � ���������
�w �.
0.205
�� ����������� �"��"�" _ Dallas � CFDA Tltle � Hlghway Planning and Construction
District # 18
�_-------- ----..... m.��..,._ ....------ ---- .....m......��__ ... ...... �_ __ ..
Code Chart 64 # 11400
�. � m�___ Safe Routes to......� ... .... �.. _ .... ...a,,,. �_ ..
School - Glnnings
ProJect Name Elementary School and Lee AFA Not Used For Research & Deve/opment
Elementary School
ATTACHMENT B
PROJECT LOCATION MAP
AFA-AFA TASA Pa.ge 1 Qf 1 Attar.hmPnt B
. �....... . �.
TxDOT: Federel Hlghway Adminiatretlon:
... �� ........................ ._ ......_ _. .,. .., .... _. .
CSJ # 0918-46-305 CFDA No. 20.205
Dlstrlct # 18-Dellfls � CFDA Tltle Highwey Plenning en � �� ���� �������
d Conatructlon
CodeChart 64 q 11400.... .....________m,__________._ , , .... ........ ____________________..... ..
............................... --- ---- ---- . _......._...___ _...... —_....
Pro�ect Name Safe Routea to School AFA Nof Used For Research & Developmenf
ATTACHMENT C
PROJECT ESTIMATE AND SOURCE OF FUNDS
LG Performs PE Work or Hires Consul4ant / L�G Lets Project for Construc4ion
� . -. . � �
Description of Total Project Federal Participatlon State Participatlon Local Government
Project Costs to be Incurred Cost Estimate Includes percentage lor TDC Includes authorized Participatlon
apportionmenl on MPO-selected EDC amounts Includes aulharized
projects where applicable E6C reduclion
.. ��, , .. .....__ m �, „
���
% COSt % COst % COSt
Plan��f�7�y��l��a ���=��.uc��di�zrtPNon- $0 0% $0 0% $Q 0% $0
CS7 � ,,, ,......_
....,
.. --- - . _. .._._._ ----- —
Preliminary Enqineering $122,064.00 80% ^�97,651.00 0% $0 20% $24,413.00
.... _.��.,�.__-- —�..... �... , --- �Q-
Environmental Cost � $0 0%
° $0 0% $0 0%
„ , .,.,. .... __..... � - .,
Right of Way m..e . $0 0/o $0 0/o �0 .
° ° $0 0%
-- .............. � --- --�.._ _ . ..... ...
uc�uti�� _ ---- .... ........ . . ..�___ �o a�ro �o o°io ' �o ' o°io $o
��.ConslrucUon l.osl �767 51 S OQ .�... .. .. r .�� ._..,._ — __ ....... . -- � � ............ _. _
�r. � � �
Eligible In-Kind $0
Contn6ulion Value
.. _
Total Construction Value
(sum of conslructian cas[ and in-kind
valuel $787.511.00 80% $630,009.00 0% $0 ' 20% $157,502.00
Work by LG Subtotal $909,575.d0 $727.660.00 $0 $181,915.00
. . •. � . �. . .. � . . � . �•
I Preliminary Engineering' $0 0% $0 0% $0 0%
—
---.... ..�........ .... � ......... ....�...,�. _... _ .._ „ _..� ... , $0
j Environmental Cos4' �0 0% $0 0°/a $0 0°/a $0
---...... ... .. m. �........ __.— ..... � .... .� ...___. —......, , _.__ .
I Riqht of Way3 $0 0% $0 0% $0 0%
$0
.,., ---.....- -----._. ......___..__------ ........�-- __....,,, ......�..,...... ........... ..
U4illtles� $0 0% � $0 0% $0 0% $0
..._____ , -- -------- ... . r__.�._ - ---- ........�_ _ ---- - ---�_ . ...... r .. . ...... ....
Oonstruction` $0 0% $0 0% $0 0% $0
, Work by State Subtotal I $0 $0 $0 $0
AFA-AFR _TASA PBge 1 of 2 Ftitachment C
� _ � e.,.. .... ..
TxDOT: Federal Hlghwey Adminlatratlon:
� � ........................ ._,_ ..._ __.... .. . , ..,...,. ... �
CSJ # 0910-46-305 CFDA No. 20.205
Dlstrlct # 1B-Dellea CFDA Tltle Hlghwey Planning end Conatructl�
.....................�,. ___.____-- .,..,..,..,.....� -----...........,... _
on
Code Chert 64 # 11400
----- . ... ......,..._. ��.�...--- --- ..................n.,. .
ProJect Name Sa}e Routes to School AFA Nof Used Fo►Research & Development
�rv The estimated total participation by Local Government is $�� ti� wi7�".(�Cb, plus 100%of overruns.
�� Total estimated payment by Local Government to State is $,�'„,i�k�� ,,fm�4}.
r� 'Local GovernmenYs first payment of $�tm,��'�:,1,,t��k is due to State within 30 days from execution of this contract.
� Z Local GovernmenYs second payment of $4.,�:�ITbm�C�� is due to State within 60 days prior to the Construction contract being advertised for bids,
� 31f ROW is to be acquired by State, Local GovernmenYs share of property cost will be due prior to acquisition.
� The local match must be 20% or greater and may include eligible in-kind contributions, EDC adjustments, or TDCs if authorized as part of
project selection.
� 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 $;l'R�'r�r��:�� il,,�'�.
AFA-AFA. TASA Page 2 of 2 Attachment C