HomeMy WebLinkAbout1996-254e \wpdoce\ord\maee ord
ORDINANCE NO % _a 4
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC
TRANSPORTATION AGREEMENT AND SUBSEQUENT AMENDMENTS WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the United States Secretary of Transportation is
authorized to award grants for a mass transportation program of
proDects and budget, and
WHEREAS, the State of Texas is authorized under TEX REV CIV
STAT art 6663b, to assist the City in procuring federal aid for
the purpose of establishing and maintaining public and mass
transportation proDects, and
WHEREAS, the City of Denton desires to obtain public transpor-
tation funds from the State for the purpose of establishing and
maintaining public and mass transportation systems, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager is authorized to execute a
Public Transportation Contract, substantially in the form of the
attached agreement which is made a part of this ordinance for all
purposes, and subsequent amendments, on behalf of the City of
Denton, Texas, with the Texas Department of Transportation to aid
in the financing of public transportation, and any other documents
necessary to implement the Contract
SECTION II That the City Manager is hereby authorized to make
expenditures as may be required for the local share of any public
transportation costs which may be required under the Contract
SECTION III That this ordinance shall become effective immed-
iately upon its passage and approval
PASSED AND APPROVED this the 5t' day of �U&Q4%jag,&j 1996
JAF MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY e/CI
APP ED A TO LEGAL FORM
HER RT L PROUTY, CITY ATTORNEY
BY �1�
DESIGNATED RECIPIENT: City of Dmtm
URBANIZED PUBWC TRANSPORTATION (SECTION $307) CONTRACT
CONTRACTOR NAMES City of Dmtm
CONTRACT NO 517XXF6010
STATE PROJECT NO URB9701(19)2
1
2
3
4 FEDERAL/STATE URBANIZED PUBLIC TRANSPORTATION GRANT PROGRAM
5 CONTRACT
6
7
8 THE STATE OF TEXAS§
9
10 THE COUNTY OF TRAVIS§
11
12
13 THIS CONTRACT is made by and between the state of Texas, acting through the Texas Department of Transportation,
14 hereinafter called the "State", and the City of Denton, hereinafter called the "Contractor"
15
16
17 WITNESSETH
18
19 WHEREAS, the Federal Transit Administration ("FfA")49 U S C , Section 5307, Urbanized Public Transportation Grant
20 Program, provides that urbanized areas may receive federal funds to enhance the access of persons in those areas for
21 purposes such as health care, shopping, education, recreation, public services, and employment by encouraging the
22 maintenance, development, improvement, and use of passenger transportation systems, and
23
24 WHEREAS, the Governor of the State of Texas has designated the State to administer the Urbanized Public
25 Transportation Grant Program, and,
26
27 WHEREAS, the State is authorized under Transportation Code, Chapter 455 to assist the Contractor in procuring aid for
28 the purpose of establishing and maintaining public and mass transportation projects, and to administer funds appropriated
29 for Public Transportation under Transportation Code, Chapter 456, and,
30
31 WHEREAS, the Contractor has been approved to receive funds from this program through the State, and,
32
33 WHEREAS, the state public transportation momes may be used in conjunction with Federal funds authorized under
34 Section5307,
35
36 NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the parties hereto
37 agree as follows
38
39
40 AGREEMENT
41
42
43 ARTICLE CONTRACT PERIOD
44
45 This Contract becomes effective on September 1, 1996, and shall terminate on August 31, 1997, unless otherwise
46 terminated or modified as hereinafter provided Termination of the Contract shall not release the Contractor from the
47 requirements outlined in Articles 10 and 14
48
ARTICLE 2 PROJECT DESCRIPTION
The Contractor shall undertake the public transportation project as described in its application, which is included as
Attachment A, and in accordance with the terms and conditions of this Contract Further, the Contractor shall comply
with the provisions of the Uniform Grant and Contract Management Standards prepared in response to the Uniform Grant
and Contract Management Act of 1981
The Contractor shall commence, carry on and complete the project with all practicable dispatch, in a sound, economical
and efficient manner in accordance with the provisions of Attachment A
ARTICLE 3 SCHOLARSHIP TRANSIT ASSISTANCE PROGRAM
The purpose of this program is to provide financial assistance for training, technical assistance, research and support
services related to public transportation in urbanized areas Scholarship funds may be used to support urbanized transit
activities in four categories training, technical assistance, research and related support services There is no Federal
requirement for a local match for the Scholarship funds Special requirements for scholarship funds are included in
Attachment D
ARTICLE 4. COMPENSATION
A The maximum amount payable under this Contract without modification is $241,000 The State will reimburse
the Contractor for the authorized costs incurred in carrying out this project which are further described in the
budget contained in Attachment A The State's payment to the Contractor is contingent upon the availability
of Federal and/or State appropriated funds The State shall have no liability for any claim submitted by the
Contractor or its subcontractors, vendors, manufacturers or suppliers if sufficient Federal or State funds are not
available to pay the Contractor's claims
B To be eligible for reimbursement under this Contract, a cost must be incurred within the Contract period
specified in Article 1 above and be included in the project budget contained in Attachment A
C Payment of costs incurred under this Contract is further governed by cost principles outlined in applicable
Federal Office of Management and Budget (OMB) publications as follows
Cost Principles for Educational Institutions OMB Circular A-21
Cost Principles for State and Local Governments OMB Circular A-87
Cost Principles for Nonprofit Organizations OMB Circular A-122
D Costs claimed by the Contractor shall be actual net costs, that is, the price paid minus any refunds, rebates or
other items of value received by the Contractor that have the effect of reducing the cost actually incurred
E All major items of equipment, as described in the capital budget in Attachment A, shall be included in this
Contract as direct costs The Contractor hereby certifies that items of equipment included in direct costs have
been excluded from the indirect costs
F Travel costs for lodging, meals, and incidental expenses incurred by Contractor personnel shall be considered
to be reasonable and allowable to the extent they do not exceed on a daily basis the per them set forth in the
Federal Travel Regulations or the published travel policy of the Contractor
G Requests for payment are to be subrmtted to the State on a monthly basis, except as noted below, on invoice
statements acceptable to the State Requests for payment must be furnished to the State within forty-five (45)
days of the end of the month during which the costs were incurred Additional documentation to support all
costs incurred during the billing period may be required at the discretion of the State As a trummum, each
Revised 7196 Page 2
1 ARTICLE 4. COMPENSATION (Continued)
2
3 must be accompanied by a summary by budget line item which indicates the total amount authorized for each
4 line item, previous expenditures, current period expenditures and the balance remaining in the line item The
5 Contractor must also document the purchase of goods and services from certified disadvantaged and women-
6 owned business enterprises in the format prescribed by the State The original mvotca with required
7 documentation is to be submitted to the following address
8
9 Mr Jay R Nelson, P E
10 District Engineer
11 Texas Department of Transportation
12 P O Box 3067
13 Dallas, Texas 75221-3067
14
15 H The State will make payment within thirty (30) days of the receipt of properly prepared and documented requests
16 for payment
17
18 I The Contractor will submit a final billing within forty-five (45) days of the Contract termination date specified
19 in Article 1 above
20
21 J The Contractor shall make payments promptly to all subcontractors and suppliers Failure to do on will be
22 grounds for termination of this Contract by the State The State shall not be responsible for the debts of the
23 Contractor
24
25 K The federal source of funding (Catalogue of Federal Domestic Assistance Number "CFDA") for this agreement
26 is 20 509 The entity contracting with the Texas Department of Transportation is a subrecipient with respect
27 to this agreement and therefore should report federal revenues and expenditures in its financial statements
28
29 ARTICLE 5. CONTRACT AMENDMENTS
30
31 Changes in the scope, objeonves, cost or duration of the project authorized herem shall be enacted by written amendment
32 approved before additional work may be performed or additional costs incurred Any amendment so approved must be
33 executed by both parties within the contract period specified in Article 1
34
35 ARTICLE SUBCONTRACTS
36
37 Subcontracts in excess of $25,000 shall contain all required provisions of this Contract No subcontract will relieve the
38 Contractor of its responsibihty under this Contract
39
40 ARTICLE 7 RECORDS AND AUDITS
41
42 A The Contractor agrees to maintain financial records, supporting documents, statistical records and all other
43 records pertinent to this Contract
44
45 B The United States Secretary of Transportation, the Comptroller General of the United States, the State's
46 Executive Director, the Texas State Auditor, or any of their duly authorized representatives, shall have access
47 to the records described in paragraph A above at all reasonable times during the contract period and for the
48 period set forth in paragraph C below for the purpose of malting audits, examinations, excerpts and transcripts
49
50 C Financial records, supporting documents, statistical records and all other records pertinent to the Contract shall
51 be retained for a period of four years from fowl payment, with the following qualifications
52
53 1 If any litigation, claim or audit is started before the expiration of the four year period, the records shall
54 be retained until all litigations, chains or audit findings involving the records have been resolved
Revised 7/% Page 3
1 ARTICLE 7 RECORDS AND AUDITS (Continued)
2
3 2 Records for nonexpendable property acquired with Federal or State funds shall be retained for four
4 years after its final disposition
5
6 3 When records are transferred to or maintained by the Federal or State sponsoring agency, the four year
7 retention requirement is not applicable to the Contractor
8
9 D The Contractor further agrees to include these provisions in each negotiated subcontract
10
11 E Contractor audit procedures shall meet or exceed the single audit report requirements outlined in Office of
12 Management and Budget (OMB) publications as follows
13
14 Audits of State and Local Government OMB Circular A-128
15
16 Audits of Institutions of Higher Education and OMB Circular A-133
17 other Nonprofit Institutions
18
19 ARTICLE 8 FINANCIAL MANAGEMENT SYSTEMS
20
21 The Contractor's financial mans ement system shall meet or exceed the requirements of the "Uniform Administrative
22 Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18) Those
23 requirements include, but are not hutted to
24
25 A Accurate, current and complete disclosure of the financial results of each gram program in accordance with State
26 and Federal reporting requirements
27
28 B Records which identify adequately the source and application of funds for grant -supported activities These
29 records shall contain information pertaining to grant awards and authorization, obligations, commitments, assets,
30 liabilities, outlays and income
31
32 C Effective control over and accountability for all funds, property and other assets The Contractor shall
33 adequately safeguard all such assets and shall assure that they are used solely for authorized purposes
34
35 D Comparison of actual with budgeted amounts for each contract, and relation of finmcial information to
36 performance or productivity data, including the production of unit cost information, whenever appropriate and
37 required by the State
38
39 E Procedures for detertnuung the eligibility for remabursemem and proper allocation of costs
40
41 F Accounting records which are supported by source documentation
42
43 G A systematic method to assure timely and appropriate resolution of audit findings and recommendations
44
45 ARTICLE 9. PROCUREMENT STANDARDS
46
47 Contractor procurement standards shall meat or exceed the requirements of the "Uniform Administrative Requirements
48 for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18), including insurance and
49 bonding requirements The Contractor shall have written selection procedures which meet the mimmum requirements
50 of that document The Contractor WBl have written protest procedures and provide these to all vendors upon
51 request The Contractor agrees to comply with applicable Buy America requirements set forth in 49 U S C 53230) and
52 49 CFR Part 661 The Contractor agrees to comply with the cargo preference requirements set forth in 46 U S C 1241
53 and Maritime Administration regulations set forth in 46 CFR Part 381
54
Revised 7/% Page 4
1 ARTICLE 9. PROCUREMENT STANDARDS (Contisined)
2
3 The State must concur in the award of all purchase orders for nonexpendable personal property as defined in 49 CFR Part
4 18
5
6 The Contractor will meet all obligations incurred in its subcontracts with its equipment suppliers, to specifically include
7 the prompt payment of monies due the supplier upon delivery of acceptable equipment Should payment be delayed for
8 any reason, the Contractor agrees not to operate any equipment that has been delivered without the express permission
9 of the equipment vendor and to lend it the same protection it would its own equipment
10
11 The Contractor shall unsure that any vehicles purchased for use in this project will comply with the Motor Vehicle Safety
12 Standards as established by the United States Department of Transportation Further, the Contractor shall insure that any
13 vehicles purchased for the project comply with all Federal motor velucle pollution requirements Any vehicles purchased
14 using Federal Transit Admirustration funds must comply with the Bus Test requirements 49 U S C 53230 and 49 CFR
15 Part 665
16
17 ARTICLE 10. PROPERTY MANAGEMENT
18
19 The Contractor agrees to comply with the property management standards specified in the "Umform Administrative
20 Requirements for Grunts and Cooperative Agreements to State and Local Governments" (49 CFR Part 18) in its control,
21 use and disposition of property or equipment governed by those standards Further, the Contractor shall comply with
22 the property management standards adopted by the State in the Texas Administrative Code, Title 43, Chapter 31 In the
23 event that any project facility and equipment are not used in the proper manner or are withdrawn from public
24 transportation services, the Contractor shall unmediately notify the State The State reserves the right to direct the sale
25 or transfer of property acquired under this Contract upon determination by the State that said property has not been fully
26 and/or properly utilized
27
28 The Contractor shall maintain at least the minimum insurance on all vehicles and other nonexpendable personal property
29 as required by the insurance regulations of the State of Texas
30
31 Irrespective of coverage by insurance, unless otherwise approved in writing by the State, in the event of loss or damage
32 to project property, whether by casualty or fie, the fair market value will be the value of the property immediately before
33 the casualty or fire Unless otherwise approved by the State, in the event of loss due to casualty or fire, straight line
34 depreciation of the asset, based on the industry standard for a useful life, shall be considered fair market value
35
36 The Contractor shall not execute any lease, pledge, mortgage, hen or other contract touching or affecting the Federal or
37 State interest in any project facilities or equipment, nor shall the Contractor, by any act or omssion of any kind, adversely
38 affect the Federal or State interest or impair its continuing control over the use of project facilities or equipment
39
40 The Contractor shall notify the State immediately of theft, wreck, vandalism or other destruction of project -related
41 facilities or equipment
42
43 ARTICLE 11 COORDINATION
44
45 The Contractor will at all times coordinate the provision of public transportation services with other transportation
46 operators, both public and private, in the area The Contractor will furnish the State copies of any such coordination
47 agreements Agreements which authorize the payment of project funds to another entity are subject to the approval
48 requirements described in Article 5
49
50 ARTICLE 12. LABOR PROTECTION PROVISIONS
51
52 The Contractor agrees to undertake, carry out and complete the project under the terms and conditions determined by the
53 Secretary of the United States Department of Labor to be fair and equitable to protect the interests of employees affected
54
Revised 7/% Page 5
1 ARTICLE 12 LABOR PROTECTION PROVISIONS (Continued)
2
3 by the project and meeting the requirements of U S C 5333(b) Documentation on compliance efforts is attached hereto
4 as Attachment B
5
6 ARTICLE 13 CHARTER AND SCHOOL BUS OPERATIONS
7
8 A The Contractor, or any subcontractor acting on its behalf, shall not engage in charter bus operations outside the
9 project area within which it provides regularly scheduled public transportation service, except as provided under
10 49 CFR Part 604 9, and regulations pertaining to Charter Service Operations set forth at 49 U S C 5323(d) and
11 49 CFR Part 604 Any subcontract entered into under these regulations is incorporated into this Contract by
12 reference
13
14 B The Contractor, or any subcontractor acting on its behalf, shall not engage in school bus operations, exclusively
15 for the transportation of students or school personnel, in competition with private school bus operators, except
16 as provided under 49 U S C 5323(f) and 49 CFR Part 605 Any subcontract entered into under these
17 regulations is incorporated into this Contract by reference
18
19 ARTICLE 14. MONITORING AND REPORTING
20
21 A The Contractor shall submit to the State reports in the format prescribed by the State Further, the Contractor
22 shall assist the State in the completion of the annual physical inventory of project equipment Noncompliance
23 with state and federal program requirements will be resolved in accordance with the TAC, Section 31 48(d)
24
25 B The Contractor shall promptly advise the State in writing of events that have a significant impact upon the
26 Contract, including
27
28 1 Problems, delays or adverse conditions that will materially affect the ability to attain program
29 objectives, prevent the meeting of tune schedules and goals, or preclude the attainment of project work
30 units by established tune periods This disclosure shall be accompamed by a statement of the action
31 taken, or contemplated, and any State assistance needed to resolve the situation
32
33 2 Favorable developments or events that will enable meeting tune schedules and goals sooner than
34 anticipated or producing more work units than originally projected
35
36 ARTICLE 15. DISPUTES
37
38 A The Contractor shall be responsible for the settlement of all contractual and administrative issues ans rig out of
39 procurement entered in support of contract work
40
41 B The State shall act as referee in all disputes regarding non -procurement issues, and the State's decision shall be
42 final and binding
43
44 ARTICLE 16 REMEDIES
45
46 Violation or breach of contract terms by the Contractor shall be grounds for termination of the Contract, and any
47 increased cost arising from Contractor's default, breach of contract or violation of terms shall be pad by the Contractor
48
49 This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at
50 law and in equity may be availed of by either party and shall be cumulative
51
52 ARTICLE 17 TERMINATION
53
54 A The State may terminate this Contract at any time before the date of completion whenever it its determined that
Revised 71% Page 6
1 ARTICLE 17. TERMINATION (Continued)
2
3 the Contractor has fatted to comply with the conditions of the Contract The State shall give written notice to
4 the Contractor at least seven (7) days prior to the effective date of termination and specify the effective date of
5 termination and the reason for the termunation
6
7 B If both parties to this Contract agree that the continuation of the Contract would not produce beneficial results
8 commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions,
9 including the effective date In the event that both parties agree that resumption of the Contract is warranted,
10 a new contract must be developed and executed by both parties
11
12 C Upon termination of this Contract, whether for cause or at the convenience of the parties hereto, all finished or
13 unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc , prepared by
14 the Contractor shall become the property of the State
15
16 D The State shall compensate the Contractor for those eligible expenses incurred during the contract period which
17 are directly attributable to the completed portion of the work covered by this Contract, provided that the work
18 has been completed in a mariner satisfactory and acceptable to the State The Contractor shall not incur new
19 obligations for the terminates! portion after the effective date of termination
20
21 E Except with respect to defaults of subcontractors, the Contractor shall be in default by reason of any failure in
22 performance of this Contract in accordance with its terms, including any failure by the Contractor to progress
23 in the performance of the work Failure on the part of the Contractor to fulfill its obligations as set forth in this
24 Contract will be waived by the State for causes due to Acts of God or force maleure
25
26 ARTICLE 18 GENERAL PROVISIONS
27
28 A CIVIL RIGHTS
29
30 During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest agrees
31 as follows
32
33 1 romPi pie with_Reg iat,npa The Contractor shall comply with the regulations relative to
34 nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter
35 "DOT") 49 CFR, Part 21 and 23 CFR, Part 710 405(b), as they may be amended from time to tune
36 (hereinafter, referral to as the Regulations), which are harem incorporated by reference and made a
37 part of this Contract
38
39 2 Nondmiumnetmn The Contractor, with regard to the work performed by it during the Contract, shall
40 not discrimmate on the grounds of race, color, sex or national origin in the selection and retention of
41 subcontractors, including procurement of materials and leases of equipment The Contractor shall not
42 participate either directly or indirectly in the discrimination prohibited by section 215 of the
43 Regulations, inchdmg employment practices when the Contract covers a program set forth in Appendix
44 B of the Regulations
45
46 3 Sohndatinn for quhanntrarts Wiling procurement of MRtAnalm and Ecpnpmanr In all solicitations
47 either by competitive bidding or negotiation made by the Contractor for work to be performed under
48 a subcontract, including procurement of materials or leases of equipment, each potential subcontractor
49 or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and
50 the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin
51
52 4 Inf rmstion awl Report& The Contractor shall provide all information and reports required by the
53 Regulations or directives issued pursuant thereto, and shall permut access to its books, records,
54
Revised 7196 Page 7
I ARTICLE 18 GENERAL PROVISIONS (Continued)
2
3 accounts, other sources of information, and its facilities as may be determined by the State or the
4 Federal Transit Administration (FTA) to be pertinent to ascertain compliance with such Regulations,
5 orders and instructions Where any information required of a Contractor is in the exclusive possession
6 of another who fails or refuses to furnish this information, the Contractor shall so certify to the State,
7 or the Federal Transit Administration, as appropriate, and shall set forth what efforts it has made to
8 obtain the information
9
10 5 canchnns fnr Noncon4l,anna In the event of the Contractor's noncompliance with the
11 nondiscrimination provisions of this Contract, the State shall impose such contract sanctions as it or
12 the Federal Transit Administration may determine to be appropriate, including, but not limited to
13
14 (a) Withholding of payments to the Contractor under the Contract until the Contractor complies,
15 and/or
(b) Cancellation, termination or suspension of the Contract, in whole or in part
Incoqxiratlm of Rrrnsams The Contractor shall include the provisions of paragraphs (1) through (6)
in every subcontract, including procurement of materials and lasses of equipment, unless exempt by
the Regulations, or directives issued pursuant thereto The Contractor shall take such action with
respect to any subcontract or procurement as the State or the Federal Transit Administration may direct
as a means of enforcing such provisions including sanctions for noncompliance Provided, however,
that, in the event a Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, the Contractor may request the State to enter
into such litigation to protect the interests of the State, and, in addition, the Contractor may request the
United States to enter into such litigation to protect the interests of the United States
B NONDISCRIMINATION ON THE BASIS OF DISABILITY
The Contractor agrees that no otherwise qualified person with disability(s) shall, solely by reason of his/her
disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination
under the project The Contractor shall insure that all feed facility construction or alteration and all new
equipment included in the project comply with applicable regulations regarding Nondiscrimination on the Basis
of Handicap in Programs and Activities Receiving or Benefittmg from Federal Financial Assistance, set forth
at 49 CFR Part 27, and any amendments thereto, and the Americans with Disabilities Act
C DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
It is the policy of the Department of Transportation that Disadvantaged Business Enterprises as defined in 49
CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in
whole or in part with Federal funds Consequently, the Disadvantaged Business Enterprise requirements of 49
CFR Part 23 apply to this Contract as follows
The Contractor sad any subcontractor agrees to insure that Disadvantaged Business Enterprises as
defined in 49 CFR Put 23 have the maximum opportunity to participate in the performance of contracts
and subcontracts financed in whole or in part with Federal funds In this regard, the Contractor shall
take all necessary and reasonable steps in accordance with 49 CFR Part 23 to insure that disadvantaged
business enterprises have the maximum opportunity to compete for and perform contracts
The Contractor and any subcontractor shall not discriminate on the basis of race, color, national origin
or sex in the award and performance of contracts funded in whole or in part with Federal funds
54 3 These requirements shall be physically included in any subcontract
Revved 71% Page 8
I ARTICLE 19. GENERAL PROVISIONS (Continued)
2
3
The percentage goal for Disadvantaged Business Enterprise participation in the activities to be performed under
4
this Contract is a muumum of 15 % of the Contract dollars available for contracting opportunities as set forth
5
in 49 CFR Part 23 and amended by Section 106e of the Surface Transportation Assistance Act of 1987
6
7
Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the
8
notification of the State, may result in termination of the contract by the State or other such remedy as the State
9
deems appropriate
10
11 D
EQUAL EMPLOYMENT OPPORTUNITY
12
13
The Contractor agrees to comply with Executive Omer 11246 titled "Equal Employment Opportunity" as
14
amended by Executive Oiler 11375 and as supplemented in Department of Labor Regulations 41 CFR Part 60
15
16 E
AFFIRMATIVE ACTION
17
18
The Contractor warrants that affirmative action programs as required by the rules and regulations of the
19
Secretary of Labor 41 CFR 60-1 and 60-2 have been developed and are on file
20
21 F
SPECIAL PROVISIONS FOR CONSTRUCTION OR REPAIR CONTRACTS
22
23
1 Contract Work Hours and Safety Standards Act
24
25
The Contractor agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety
26
Standards Act (40 U S C Part 327 330) as supplemented by Department of Labor regulations (29
27
CFR, Part 5)
28
29
2 Copeland "Anti -Kickback" Act
30
31
The Contractor agrees to comply with the Copeland "Anti -Kickback" Act (18 U S C 874) as
32
supplemented in Department of Labor regulations (29 CFR, Part 3)
33
34
3 Davis -Bacon Act
35
36
The Contractor agrees to comply with the provisions of the Davis -Bacon Act (40 U S C 276a-276a-5)
37
as supplemented by Department of Labor regulations (29 CFR, Part 5)
38
39
4 Relocation and Lend Acquisition
40
41
The terms of the Department of Transportation regulations "Uniform Relocation and Real Property
42
Acquisition for Federal and Federally Assisted Programs" 49 CFR Part 25 are applicable to this
43
Contract
44
45
5 Insurance and Bonding
46
47
The Contractor shall comply with insurance and bonding requirements as established in 49 CFR Part
48
18
49
50
6 Signs
51
52
The Contractor shall cause tribe erected at the site of construction, and maintained during construction,
53
signs satisfactory to the State and the United States Department of Transportation identifying the project
54
and indicating that the Government is participating in the development of the project
Revised 7/% Pap 9
1 ARTICLE 19. GENERAL PROVISIONS (Continued)
2
3 G ENVIRONMENTAL PROTECTION AND ENERGY EFFICIENCY
4
5 The Contractor agrees to comply with all applicable standards, orders or requirements issued under Section 306
6 of the Clean Air Act (42 U S C 1857[h]), Section 508 of the Clean Water Act (33 U S C 1368), Executive
7 Order 11738 and Environmental Protection Agency regulations (40 CFR, Part IS) The Contractor further
8 agrees to report violations to the State
9
10 The Contractor agrees to recognize standards and policies relating to energy efficiency which are contained in
11 the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P L 94-
12 163)
13
14 H CONTROL OF DRUG AND ALCOHOL USE
15
16 The Contractor agrees to comply with the terms of Federal Transit Administration regulations on drug and
17 alcohol use set forth at 49 CFR Part 653 and 654
18
19 I SUSPENSION AND DEBARMENT
20
21 The terms of the Department of Transportation regulation, "Suspension and Debarment of Participanto in DOT
22 Financial Assistance Programs", set forth in Executive Order 12549 as implemented by 49 CFR Part 29, are
23 applicable to this contract and Contractor must complete the Debarment Certification which is included as
24 Attachment C Furthermore, any subcontractor employed by the Contractor is also bound by the terms of 49
25 CFR Part 29 and must complete the Lower Tier Participant Debarment Certification which is also included as
26 Attachment C
27
28 1 RESTRICTIONS ON LOBBYING
29
30 Pursuant to Section 31 U S C 1352, 49 CFR Part 19 and 49 CFR Pert 20, contractors who apply or bid for an
31 award of $100,000 or more shall file the certification required by 49 CFR Part 20 which generally prohibits
32 recipients of Federal funds from using those momes for lobbying purposes The Contractor shall comply with
33 the attached Special Provision "New Restrictions on Lobbying", which is included as Attachment E
34
35 K PROHIBITED ACTIVITIES
36
37 The Contractor or any subcontractor shall not use Federal or State assistance funds for publicity or propaganda
38 purposes designed to support or defeat legislation pending before Congress or the Texas Legislature
39
40 No member of or delegate to the Congress of the United States shall be admitted to any share or part of this
41 Contract or to any benefit arising therefrom
42
43 No member, officer or employee of the Contractor during his tenure or one year thereafter shall have any
44 interest, direct or indirect, in this Contract or the proceeds thereof
45
46 Texas Transportation Commission policy mandates that employees of the Department shall not accept any
47 benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the
48 State under this Contract The only exceptions allowed are ordinary business lunches aml items that have
49 received the advanced written approval of the State's Executive Director Any persons doing business with or
50 who may reasonably speaking do business with the State under this Contract may not make any offer of benefits,
51 gifts or favors to Departmental employees, except as mentioned here above Failure on the part of the Contractor
52 to adhere to this policy may result in the termmation of this Contract
53
54
Revised 7/% Page 10
I ARTICLE 19 GENERAL PROVISIONS (Continued)
2
3 L DELINQUENT TAX CERTIFICATION
4
5 Pursuant to Article 2 45 of the Business Corporation Act, Texas Civil Statutes, which prohibits the State from
6 awarding a contract to a corporation that is delinquent in paying taxes under Chapter 171, Tax Code, the
7 Contractor hereby certifies that it is not delinquent in its Texas franchise tax payments, or that it is exempt from
8 or not subject to such tax A false statement concernutg the Contractor's francluse tax status shall constitute
9 grounds for cancellation of the contract at the sole option of the State
10
11 M ASSURANCES
12
13 The Contractor will comply with Texas Government Code, Chapter 573 by insuring that no officer, employee
14 or member of the Contractor's governing board or of the Contractor's subcontractor shall vote or confirm the
15 employment of any person related within the second degree by affinity or third degree by consanguinity to any
16 member of the governing body or to any other officer or employee authorized to employ or supervise such
17 person This prolubition shall not prolubit the employment of a person who shall have been continuously
18 employed for a penal of two years prior to the election or appointment of the officer, employee, governing body
19 member related to such person in the prolubited degree
20
21 The Contractor will insure that all information collected, assembled or maintained by the applicant relative to
22 this project shall be available to the public during normal business hours in compliance with Texas Government
23 Code, Chapter 551 unless otherwise expressly provided by law
24
25 The Contractor will comply with Texas Government Code, Chapter 552, which requires all regular, special or
26 called meetings of governmental bodies to be open to the public, except as otherwise provided by law or
27 specifically permitted in the Texas Constitution
28
29 N PATENT RIGHTS
30
31 If any invention, improvement or discovery of the Contractor or any of its subcontractors is conceived or first
32 actually reduced to practice in the course of or under this project, which invention, improvement or discovery
33 may be patentable under the Patent Laws of the United States of America or any foreign country, and if stud
34 invention, improvement or discovery has not already become the property of the State under Article 17 C above
35 the Contractor shall immediately notify the State and provide a detailed report The rights and responsibilities
36 of the Contractor, subcontractors and the United States Government with respect to such invention will be
37 determined in accordance with applicable Federal laws, regulations, policies and any waivers thereof Further,
38 the Contractor shall comply with the provisions of 41 CFR, Part 1-9
39
40 O COPYRIGHTS
41
42 The State and the United States Department of Transportation shall have the royalty -free, non-exclusive and
43 irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, the work for government
44 purposes
45
46 P INDEMNIFICATION
47
48 The Contractor shell mdemmfy and save harmless the State from all claims and Lability due to activities of itself,
49 its agents, employees or volunteers, performed under this agreement and which result from an error, ommssion
50 or negligent act of the Contractor or of any person employed by the Contractor The Contractor shall also save
51 harmless the State from any and all expenses, including attorney fees which might be incurred by the State in
52 litigation or otherwise resisting said claim or liabilities which aught be imposed on the State as a result of
53 activities by the Contractor, its agents, employees or volunteers
54
Revised 7/96 Page 11
ARTICLE 18 GENERAL. PROVISIONS (Continued)
Q SUCCESSORS AND ASSIGNS
The Contractor brads himself, Ins successors, assigns, executors and administrators in respect to all covenants
of this agreement The Contractor shell not sign, sublet or transfer his interest in this agreement without the
written consent of the State
R CONTRACTOR ACKNOWLEDGMENT
The Contractor acknowledges that it is not an agent, servant or employee of the State and is responsible for its
own acts and deeds and for those of its agents or employees during the performance of the contract work
LEGAL CONSTRUCTION
In case any one or more of die provisions contained in this agreement shall for any reason be hold to be invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other
provision thereof and this agreement stall be construed m if such invalid, illegal or unenforceable provision had
never been contained harem
Revised 7/96 Page 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
ARTICLE 18. GENERAL PROVISIONS (Continued)
T PRIOR AOREEMENTS
This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior
understandings or written or oral agreements between the parties respecting the within subject matter
IN TESTIMONY WHEREOF, the parties hereto have causal these presents to be executed
STATE OF TEXAS
Certified as being executed for the purpose and effect of
activating and/or carrying out the orders, established policies,
or work programs heretofore approved and authorized by the
Texas Transportation Commission under the authority of
Minute Order 105871
APPROVED,
By
District Engineer
Dallas District
Date
CONTRACTOR:
CITY OF DENTON
By
J
Title �iT t�2
It"bed 7/%
14.
Page 13
CONTRACTOR CITYOFDENTON
CONTRACT NO 517XXF6010
STATE PROJECT URB9701(18)2
FTA NO TX 90-X380
LINE ITEM NO
CAPITAL DESCRIPTION
1 (one) Bus
1 (one) Bus
6 (six) Buses
Vans Demand Response
One Type XI Bus
5 Bus Sheltem
10 Bus Benches
Replacement Signs
CMAO Demonstration
CAPITAL TOTAL
PLANNING
XX XX XX
OPERATING
XX XX XX
TOTAL
CONTRACT BUDGET
ATTACHMENT
TOTAL
FEDERAL
STATE
LOCAL
125 000
83 000
39 060
126,000
78 478
26
43 265
2 940
33 594
2 880
30
3 257
112 800
90 240
22,580 560
0
178 100
142,480
23
0
20,000
16,000
2 800
12 467
5 000
4 000
660
1 400
2000
1 600
260
350
6,440
5152
837
140
_
451
607 934
423 830 70%
163 099 27%
21 005 3%
77 210
61 768
10 037
5 405
77 210
61 768 80%
10 037 i s%
5 406 7%
249 864
122 000
66864
81 000
249 864
122 000 49%
88 884 27%
81 000 24%
935 006
807 698 65%
240 000 28%
87 410 9%
FEDERAL FUNDING SPLIT
TX 90 X248 _
TX 80.X278
—
TX 90.X310 _
--
—' — —
TX 90 X380
TOTAL
CAPITAL
PLANNING
93120
76478
83000
161768
OPERATING
0
0
U
0
61788
423830
81788
122 000
122 000
93120
78 478
83 000
353 000
- _
STATE FUNDING SPILT
805B8
FORMULA
CSP
DESCRETIONARV
TOTAL
CAPITAL
PLANNING
163 099
0
0
OPERATING
10037
0
0
110037
66864
0
0
68 6864 884
240 000
0
TX 80 X005(Scholarahip)
0
240 000
1 000
TOTAL REIMBURSABLE
241000
10/09/96
ATTACHMENT
RECEIVED S D H P T
96 APR 24 AM 10--00
DISTRICT 18 MAiLR001`9
AN APPLICATION
BY THE CITY OF DENTON, TEXAS
FOR A CAPITAL, PLANNING, AND OPERATING ASSISTANCE GRANT
FOR FISCAL YEAR 1997
UNDER
URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED
FOR
TRANSIT SERVICE
April 17, 1996
() Dist Engr
( ) Asst Dist. Engr )
Action
() () Advise
()� ��) Comment
HALL
C11 F
CITY OF DENTON, TEXAS MUNICIPAL BUILDING @ DENTON, TEXAS 76201 # TELEPHONE (817) 566-8307
Office of the City Manager
April 17, 1996
Mr Wilbur Hare, Regional Administrator
Federal Transportation Administration
524 E Lamar Blvd , Suite 175
Arlington, Texas 76011
Dear Mr Hare
Enclosed is an executed original and two copies of the Grant
Application as prepared by the City of Denton This grant
application requests $353,000 of federal funding, which includes
$61,768 planning, $122,000 operating, and $169,232 capital These
funds will be used during the 1997 fiscal year, October 1, 1996
through September 30, 1997 The local match contribution for the
requested funds is $179,750
Also included in this application is $5,152 in capital funds for a
three-year demonstration Ozone Alert program to be taken from
Congestion Mitigation Air Quality (CMAQ) funds This money needs
to be transferred from the Federal Highway Administration to the
Federal Transit Administration On March 13, 1996, the City of
Denton forwarded a written request to Michael Morris, NCTCOG, and
copied Charles Tucker, TxDOT, to assist in the transfer
Additionally, in accord with FTA C 9300 1 Chapter VI (6), Public
Hearing Requirements, the City of Denton will hold a public hearing
to receive comment on the proposed program We will forward a copy
of the transcript after the hearing which is scheduled for April
29, 1996, at 6 00 p m
Should there be any additional information or documentation
necessary to complete this application for assistance, please
contact Joseph Portugal at (817)566-8307
Si ere y
is Svehla/
Acting City Manager
cc l ' Chaele"s TUckdr,' TxDOT
Michael Morris, NCTCOG
"Dedicated to Quality Service"
CITY OF DENTON, TEXAS MUNICIPAL BUILDING • DENTON TEXAS 76201 • TELEPHONE (817) 566-8307
Office o/ the City Manager
April 17, 1996
Mr Wilbur Hare, Regional Administrator
Federal Transit Administration
524 E Lamar, Suite 175
Arlington, Texas 76011
Dear Mr Hare,
The City of Denton hereby certifies that it will comply with all
federal statutes, regulations, executive orders, and administrative
requirements applicable to applications made to and grants received
from the Urban Mass Transportation Administration under Sections 3,
3(a)(1)(c), 4(1), 6, 8, 9, 9B, 16(b)(2), or 18 of the Urban Mass
Transportation Act of 1964, as amended, as well as for transit -
related projects under the Federal Aid Urban systems and Interstate
Transfer Programs [Sections 142 and 103(e)(4), respectively, of
Title 23 of the United States Code]
The provisions of Sections 1001 to Title 18, U S C , apply to all
certifications and submissions in connection with applications made
to and received from UMTA
The City of Denton certifies or affirms the truthfulness and
accuracy of the contents of the statements submitted on or with the
certifications and understands that the provisions of 31 U S C
S3801, et sea, are applicable thereto
Sincerely,
Rick Sve la
Acting City Manager
"Dedicated to Quarry Same"
Transmittal Letter
April 17 , 1996
Page 2
The undersigned chief legal counsel for
certifies that the City of Denton has
local law to comply with the subject
certifications above have been legally
He
RS vsr
the City of Denton hereby
authority under state and
assurances and that the
made
Date
SYSTEM DESCRIPTION
CITY OF DENTON
The City of Denton was designated as a new urbanized area in the
1990 Census The City requested that the North Central Texas
Council of Governments be the City's Metropolitan Planning
Organization The Governor concurred with this request The City
also received concurrence from the Texas Department of
Transportation for the City to be the designated recipient and
grantee for Section 9 financial assistance through the Urban Mass
Transportation Act of 1964, as amended
For the past 22 years, Services Program for Aging Needs (SPAN), a
private, non-profit agency, has operated transportation services in
the City of Denton SPAN initiated public transportation under
Section 18 in the fall 1989 and contracted with the State to
receive these funds In 1995 the City renewed its contract with
SPAN for up to three years
The fixed route system operates buses Monday through Friday 7 00
a m to 7 00 p m and Saturday from 10 00 a m to 6 00 p m on five
routes Four routes are one hour and the fifth route is a thirty
minute route The routes serve transportation dependent housing
areas, major shopping areas, universities, medical facilities, most
public schools, central business district, and major employment
areas The fare is $ 75 for adults, $ 35 for elderly/handicapped,
$ 50 for children under age 18, and free to children under age 6
The system also provides transit service for persons with
disabilities and the elderly This service is provided in vans
during regular operating hours from 7 00 a m to 7 00 p m Monday
through Friday
FTA C 9300 1
09/29/95
, Avqlgpw'•
OEta Aplanl""040"
APPLICATION FOR
e an
.�,. ra•Ew
FEDERAL ASSISTANCE
/ 17 / 9 6
I 1vM OF tESM11MSn
FnA/AAe•E••
s. an
NORM w tun
C•IrenleA•A 0
A OAn mmm or Ono" AEOMY
F•wIa MU••w
�§ NwM(.wssM:Inn O NsnCwnlrwOwl
{ AFFIICNR sIFONU" N
"°a"""' City of Denton
*Aw w (00" NAn IM JU A•0•)
Kum AM NnsASIn •UPON a we ponm M In "room w •NIISIt AASAAI4
••AA••AwINn p.•N••c•MI
RrT. McKinney
Denton, Texas 76201
Joseph Portugg�al
(817)56-6-830f
L aaLors NYM,_t:Os,,
T TrwaAMowomot ~Avg**" 11"wp11011
wh . ►
c MaviMa 4 PINEM 1A•Iw•M
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M Rswwsn MIM AOwONWs walla w •www ❑ ❑
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A wA A•w0 S O•w••as ANwO C Voodoo DwNAIn
A. N OF FMOAL howat
O Dswww Dwwwl O•w (wwnN
Federal Transit dministration
L 00Mar'o 2 0• 5 0 1"
IS. CJ.•Nst.NCS
oncoom m• a ft A m NIOISCT
wE
FY '97 Transit Project
T7RE
IL AMM AFPWM Sr NIWnr $&of& CNMA•J JINN NC I
Denton County, Texas
City of Denton, Texas
IS. PNOPVMMW
I.
. Amomoo
s PIAIwt
sun ome
En•+M om
10/1/96
09/30/97
City of
Denton, Texas Public Transit, Section
.!nlWAln ruN0IN0
Is M ANIMAIM nMJM To MV" IN PAN OMCUM DMw Inn FROCnsT
• rEs AVM EE TO TIE
to
A FNIwA1
i
353,000
STATE VOW" OA1= 17! n F/IOCEtB FOR VEW ON
DATE
IT No PROOIMM M NOT COVM0 w SA Inn
Q OR PROo"M NAB NOr IM SELECTED w STATE FOR REVMW
• APOMtAN
t 88,476 m
c sun
t 98,537 N
""
S 7 6 0 aE
' I
• Onw
t
0
I Pwm MwAn
i 1 lI 1
a 8
IT M THE AMLMAW G6wD11BR IN Aw PON" @am
IIL (a
rw E'YM NW wNObIwN1 ® Too
S TOTAL
f N
Is TO TM MST of w sNONLS00s ANO ssLIB ALL WTA SoTNM MKMATMN."MAWLMATMN AM TI M AM COAMIT TIE OplANMNr NM wood Tom
MRN rM An1CMo AttMANCn a IN AnMTY10E It g1AMn
AYRnwn• w/ TM OOMAIANO sow OF no ANRMANr am
TM ASftC mt wmfty
'�ypiONWA001.11,111MM ""'"n'"'Aralh'm
•AAcnting City Manager �l -596 8307
• Om SwAd
d a�
i
�-� •. Mat �z:e a Oka Mlrr A IOJ
Audwdzed la Loos) RW*ducftn J
APPLICATION
(Page 1 of 2)
UMPA C 9030.IA
9-18-87
a •.
Page V-5
Urbanized Area: Denton, Texas Apportionment for 19 96
Designated Recip ent:�t_Y o _ Denton Carryover Funds:
Grantee: Citz of Denton Transfer Funds (+ or -)
Program Mzftr:TX-VU-xAM Total Funds Available: 353, 000
Protect Description
I. CAPITAL PRlaM=:
a. 80 20
(1) if�uipped
ve c es
(2) rre acement signs
(3) use shelters (5)
ucTies(I0 )
(10)CMAQ demonstration
b. 90/10
(1)
(2)
c. 95/05
(1)
local
$ 35,620
federal
$142,480
1,600
16,000
4,000
5,152
total
$ 178,100
2,000
20.000
5,000
6,440
(2subtotal capital — 169,232 211,540
II. OPERATING ASSISTANCE (up to 50% funding) for period frrmlO/1/96 to 9/30/97
122,000 122,000 244,000
III. PLV IING (80/20 funding) :
(1) rr ant administration 15,442 61,768 77,210
(2)
(10)
subtotal pl 15,442 61,768 77,210
fig; 179,750 353,000 532,750
� .. i n a • •.. a
(12)
*NOTE: Projects may be advanced from this contingency portion in the event that
- projects on the final program of projects and budget must be dropped. Only the
projects in the contingency can be advanced without prior UMTA approval.
Page V-8
EXHIB= D
SDCTICN 9
FXPENDI`IURE DETAIL
Urbanized Area: Denton, Texas
Designated Recip ent:City of Denton
LMM C 9030.1A
9-18-87
Grantee: City of Denton
Program Number: TX-90-XXXX
Project Activities
Budget Codes
Federal Share
I CAPITALr
A. 80/20 Rending:
(1)a. lift -equipped vehicle
11.12.02
$ 142,480
b.
C.
(2)a.re acement route signs
11.34.09
1.600
b. us shelters ()
11.33.10
16.000
c. enc es
11.33.20
4,000
(10)a. 3 year CMAQ demo
11_12_11
5.152
b.
B. 90/10
(1) a.
b.
(2)a.
C 95/05
(1)a.
(2)a.
subtotal capital
$ 169,232
II. OPERATING ASSISTANCE ((uupp to 50% Rending):
for period frcm /96 to MOM
30.09.00
$ 122,000
III.PLANNING (80/20 fun"):
(1)a. Grant Dev/Administration
41.11.00
$ 61,768
b.
(2)a.
(10) a.
subtotal planning
$ 61,768
T=L FEDERAL FUNDING
(I, Ii, and III):
$ 3 5 3
0 0 0 0
IV OONTINGFNCY PROTECTS:
(11)a.
$
b.
(12)a.
(15)a.
b.
I
d
I
L
1996 TRANSPORTATION IMPROVEMENT PROGRAM
DALLAS
DALLAS-FORT WORTH MPO
FISCAL YEAR 1996 March 1986
TWOT DISTRICT
NAME OR DESIGNATION
PROJECT ID
FED PROD
FUNDING
COMMENTS
FEDERAL
COUNTY
LOCATION (FROM)
P CLASS
STATE CAT
CRY
LOCATKNN(TO)
MLARES
PHASE
STATE
TCM
NEPA
LETTING DATE
DESCRIPTION OF WORK
LENGTH
LOCAL
Cyj
TOTAL
EXEMPT
ADA
DALLAS
FIXED GUIDEWAY MODERNIZATION
CAPITAL
DALLAS
a
$ 1 115 000
VARIOUS
T
0
FY199E
CAPITAL
27S 750
$ 1,393 750
DALLAS
LRT STARTER SYSTEM S EXTENSIONS
CAPITAL
DALLAS
a
S 4781000
VARIOUS
T
0
FY1996
CAPITAL
1195,260
j 5.97E,25o
DALLAS
SOUTH OAK CLIFF LRT PROGRAM
CAPITAL
DALLAS
a
j 1E,9oo 000
VARIOUS
T
0
FYI99S
CAPITAL
1050000
j 213,250000
DALLAS
OPERATING ASSISTANCE
UAFP
9
j 215 000
No
T
107 500
FY,996
OPERATING
107 SW
j Na000D
DALLAS
VEHICLE ACQUISITION
UAFP
9
$ 202 000
T
25,250
FY1996
CAPITAL
25,250
j 252 500
ADA
DALLAS
BUS REHABILITATION
UAFP
DALLAS
9
$ 12 000
GRAND PRAIRIE
T
2000
FY1996
CAPITAL
1000
j 1S 0o0
DALLAS
E S D OPERATING ASSISTANCE
UAFP
DALLAS
9
$ 171000
GRAND PRAIRIE
T
55,500
FY199E
OPERATING
SS S00
j a+2 DOD
DALLAS
E 6 D PLANNING
UAFP
DALLAS
9
S AISoo
GRAND PRAIRIE
T
780
FY1996
PLANNING
j 5000
DALLAS
FARE BOXES WISUPPORT EQUIPMENT
UAFP
DALLAS
9
j 36000
GRAND PRAIRIE
T
$ 000
Fr1996
CAPITAL
3 000
j 45000
DALLAS
PARK 6 RIDE
UAFP
DALLAS
9
j SW ODD
GRAND PRAIRIE
T
20000
FY199E
CAPITAL
150000
j 100000D
DALLAS
RADIOIDISPATCH EQUIPMENT
UAFP
DALLAS
9
$ 10 750
GRAND PRAIRIE
T
1 750
FY1996
CAPITAL
1000
IS Ia500
IPHASE E.ENOWEERING C•CONSTRUCTION RaROW T-TRANSFER VII-84
01/31/96 11 15 U6403028 NLILUh IF-"brUM1 LwuUZ/Uua
1998 TRANSPORTATION IMPROVEMENT PROGRAM MODIFICATION
Subregion: Eastern
Program: CMAQ STP-MM Transit X_ Other
Type of Modification. Administrative A RTC Action STIP Revision
Modification Number: SS-32
NCTCOG Project Code: N/A
NCTCOG TIP Page Number(s): IV-2
TxDOT Control Section Job Number(s)- N/A
Project Type and Location: SPAN (Denton) —Vehicle ACquiNtion
Original Funded Amount: FY98—$252,000 total ($202,000 federal. $25,000 State, and $25,000 local)
Revised Funded Amount (Transit): $288,750
Percent: 15%
Request: Increase transit capital assistance to balance FY96 Urbanized Area Formula Program
(formerly Section 9) federal apportionment for Denton Urbanized Area,
FY88- 5288,750 total ($231,000 federal, $28,875 State, and $28,876 local)
Comments/Conditions: N/A
Approved By:
Y: Qk AA-" I 2� 96
Michael Moms, P E Date
Director of Transportation
NCTCOG
The following signature authorizes
additional Metropolitan Planning Organization (MPO) allocated funds to be moved Into Year
One.
modification to a project funded through a TxDOT-selected program
Approved By
N/A N1
Jay Nelson, P E Date
District Engineer
TxDOT, Dallas District
01/31/96 11 15 004UJULO lW.1WU M&Noruni LwUUJ/VVJ
1996 TRANSPORTATION IMPROVEMENT PROGRAM MODIFICATION
Subregion: Eastern
Program: CMAC STP-MM Transit X_ Other
Type of Modification: Administrative X RTC Action
Modification Number. W33
NCTCOO Project Code: N/A
NCTCOG TIP Page Number(s): IV-2
TxDOT Control Section Job Number(s): N/A
Project Type and Location: SPAN (Denton) -Operating Assistance
STIP Revision
Original Funded Amount: FY96-S430,000 total ($215,000 federal, $I07,500 State, and $107,500 loeaq
Revised Funded Amount (Transit): $244,000
Percent: -76%
Request: Decrease transit operating assistance to balance FY98 Urbanized Area Formula Program
(formerly Section 9) federal apportionment for Denton Urbanized Area,
FY98-=44,000 total (5122,000 federal, $01,000 State, and $61,000 local)
Comments/Conditions. N/A
Approved By:
/%��*BTU °'�/ l• % IAQ
J
Michael Morris, P E -
Date
Director of Transportation
NCTCOG
The folloNnng signature authorizes
additional Metropolitan Planning Organization (MPO) allocated funds to be moved Into Year
One.
modification to a project funded through a TxDOT-selected program
Approved By:
N/A NIA
Jay Nelson, P E Date
District Engineer
TxDOT, Dallas District
CITY OF DENTON
PROJECT NO TX-90-XXXX
MOST RECENT AMENDMENT NO N/A
TOTAL FEDERAL SHARE $353,000
PROJECT MILESTONE SCHEDULE
Una Item Description Milestone Descrlotlon Date
Purchase lift -equipped vehicle Project Planning and Development October - November 1996
Bid Process November - December 1996
City Council Approval/Award January 1997
Construction of Vehicle January - April 1997
Delivery of Vehicle April 1997
Purchase Bus Shelters
Purchase Benches
Engineering/Architectural Design
and Specification Development
Bid Process
City Council Approval/Award
Delivery/Completion of
Installation
Engineering and Specification
Development
Bid Process
City Council Approval/Award
Delivery/Completion of
Installation
(Page 1 of 1)
November 1996-January 1997
January - February 1997
February 1997
April 1997
November 1996 - December 1997
December 1997
January 1997
April 1997
Span
Bill Patterson
THE STATE OF TEXAS
The County of Denton
being duty sworn says he is 1 $bWGeueral Manager of the Denton Record -Chronicle x , Grapevine
Sun Lewisville News a newspaper/s of general circulation which has been continuously
and regularly published for a period of not less than one year in the County of Denton, Texas, preceding the date
of the attached notice, and that the said notice was published in said paper/s on the following dates,
Notice of Proposed Program of Projects
Denton Record -Chronicle April 6, 1996
rory JUUE K HAMMOND
'�e NOTARY pUBUC
STATE OF TEXAS
„••, tycomawEXp.01. 2000
Subscribed and sworn to before me this
Witness my hand and ofPical
58 lines $34.80
day of April _ 19
Notary public, Denton County, Texas
az
oo
0
�U
a � m
lug 11g fltit f! 111isil e s
"gg�-Is H =
VW�r W
t
IN THE MATTER OF
Span
Bill Patterson
THE STATE OF TEXAS
The cowry of Denton . ,
being duly sworn says he is lA*r/Genera! Manager of the Denton Record Chronicle X , Grapevine
Sun Lewisville News a newspaper/s of general circulation which has been continuously
and regularly published for a period of not less than one year in the County of Denton, Texas, preceding the date
of the attached notice, and that the said notice was published in said paper/s on the following dates
Public Hearing Notice: to receive input on the Proposed Program of
Projects for public transportation funding in the City of Denton
Denton Record -Chronicle April
aoaoe
XUE K. HAMMOND
NOTARY PMC
STATE OP TEXAS
MV cen m EqL 014* 0
Subscribed and sworn to before me this /S
Witness my hand and oHical
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15, 1996 18 lines $10.80
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ay of April _ 19 96
Notary Public, Denton County, Texas
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PROTECTION OF THE ENVIRONMENT
THE CITY OF DENTON
The City of Denton has made application for Federal financial
assistance under the Urban Mass Transportation Act of 1964, as
amended If approved, this grant project is designed to
1 Enhance the access of the community in the City of Denton
for purposes such as health care, shopping, recreation,
public services, and employment through a public
transportation system
2 Promote the coordination of services of other
transportation providers to avoid the duplication of
services
There is a categorical exclusion of the Protection of the
Environment requirement The nature of this project is such that
there will be no displacement of people, no substantial alteration
of social, economic, or environmental conditions, nor will it
significantly alter land use, planned growth, development, traffic
patterns, and natural and man-made resources
i
Rick Svehla, Acting ity Manager`
Ll
Da t e
C E R T I F I C A T I O N
The undersigned duly qualified and acting City Secretary of the
City of Denton, Texas, certifies that the foregoing is a true and
correct copy of an ordinance, adopted at a legally convened meeting
of the City Council of the City of Denton, Texas, held on the 2nd
day of April 1996
*Jnllfer alters
Sec etary
Official Seal (/L1'p z,Y eu
Date'
\MASS o
ORDINANCE NO 06- 07�
AN ORDINANCE AUTHORIZING THE FILING OF AN APPLICATION WITH THE
DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT
UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Secretary of Transportation is authorized to
award grants for a mass transportation program of projects and
budget, and
WHEREAS, the contract for financial assistance will impose
certain obligations upon the applicant, such as the City of Denton,
including an obligation to provide the local share of the project
costs in the program, and
WHEREAS, the U S Department of Transportation requires, in
accordance with the provisions of Title VI nf the Civil Rights Act
of 1964, as amended, that the applicant give an assurance that it
will comply with Title VI of the Civil Rights Act of 1964 and the
Department of Transportation requirements thereunder, and
WHEREAS, it is the goal of the applicant that minority
business enterprises be utilized to the fullest extent possible in
connection with this project, and that definite procedures shall be
established and administered to ensure that minority businesses
shall have maximum construction contracts, supplies, equipment
contracts, or consultant and other services, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the City Manager is authorized to execute and
file an application on behalf of the City of Denton, Texas, with
the U S Department of Transportation to aid in the financing of
planning, capital and operating assistance projects pursuant to
Section 9 of the Urban Mass Transportation Act of 1964, as amended
SECTION II. That the City Manager is authorized to execute
and file with such applications an assurance or any other document
required by the U S Department of Transportation effectuating the
purpose of Title VI of the Civil Rights Act of 1964
SECTION III. That the City Manager or his designee is
authorized to furnish such additional information as the U S
Department of Transportation may require in connection with the
application for the program of projects and budget
SECTION IV. That the City Manager is authorized to execute
grant agreements on behalf of the City of Denton, Texas with the
U S Department of Transportation for aid in the financing of the
planning, capital and operating assistance program of projects and
budget
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this theePA0eday of 1996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
Page 2
Federal Register / Vol 60, No 226 / Friday, November 24, 1995 1 Notices 59193
Appendix A
FEDERAL FY 1996 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE
Name of Applicant City of Dent -on Tpxas
The Applicant agrees to comply with applicable requirements of Categories I - XID _
(The Applicant may make this selection in lieu of individual selections below )
OR
The Applicant agrees to comply with the applicable requirements of the
following categories it has selected -
Certifications and Assurances Required of Each Applicant
X
(Previous Category 11, Procurement, is now Category I, paragraph H )
❑
Lobbying Certification
X
III
Public Hearing Certification for Major Projects with Substantial Impacts
-X—
IV
Certification for the Purchase of Rolling Stock
X
V
Bus Testing Certification
X
VI
Charter Bus Agreement
X
VII
School Bus Agreement
X
VIII
Certification for Demand Responsive Service
X
IX
Substance Abuse Certifications Required by January 1, 1996
X
X
Assurances Projects Involving Real Property
X
X1
Certifications for the Urbanized Area Formula Program
X
XIi
Certifications for the Elderly and Persons with Disabilities Program
X
)oll Certifications for the Nonurbamzed Area Formula Program
(Both sides of this Signature Page must be appropriately completed and signed where indicated )
FTA Certifications and Assurances for Fiscal Year 1996 16
58194 Federal Register / Vol 60, No 226 / Friday, November 24, 1995 / Notices
Appendix A
F-rA CERTIFICATIONS AND ASSURANCES FOR FEDERAL FISCAL YEAR 1996
Name of Applicant _City of Denton, Texas
Name and Relationship of Authorized Representative Rick Svehla, Acting City Manager
BY SIGNING BELOW 1, Rick Svehla (name), declare that I the Applicant has duly authorized me
to make these certifications and assurances on the Applicant's behalf and bind the Applicant's compliance Thus
the Applicant agrees to comply with all Federal statutes, regulations executive orders, and administrative guidance
required for each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 1996
FTA intends that the cenifications and assurances the Applicant selects on the other side of this form, as
representatite of the certifications and assurances in Appendix A should apply, as required to each project for
which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 1996
The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the
statements submitted herein with this document and an) other submission made to FTA and acknowledges that
the Prot tsl ins of the Program Fraud Civil Remedies Act of 1986, 31 U S C 380191 AM, as implemented by U S
DOT regulations, "Program Fraud Cit it Remedies," 49 CFR part 31 apply to an) certification, assurance or
submission made to FTA The criminal fraud provisions of 18 US C 1001 appl) to an) ceruficauon, assurance,
or submission made in connection with the Urbanized Area Formula Program, 49 U S C 5307 and may appl) to
an) other certification assurance, or submission made in connection with an) other grogram administered by PTA
In signing this document, I declare under penalties of perjury that the for ing ruficauons assurances, and
an) other statements made bt me on behalf of the Applicant are true a COP
Date Date ,<,9/Q% a
7 Authonzed Representative of Applicant t
AFFIRMATION OF APPLICANTS ATTORNEY
for City of Denton, Texas (Name of Applicant)
As the undersigned legal counsel for the abote named Applicant 1 hereby affirm that the Applicant has authority
under state and local tau to make and comps with the certifications and assurances as indicated on the foregoing
pages I further affirm that, in m) opinion, the cenifications and assurances hate been legally made and constitute
legal and binding obligauons on the Applicant
I further affirm that to the best of nit knowledge there is no legislation or litigation pending or threatened that
might adtersch affect the t andih of these certifications and assurances or of the performance of the project
Furthermore if I become at1 are of circumstances that change the accurac) of the foregoing statements, 1 w ill notify
the Applicant and FTA ,S J i
Date —`/ /�J
Date
The Applicant's lessl counsel is "net to a1Pom the less] capacity of the Applicant except uses an Appltwu sxking only an FTA umversny and
research trannng gram authaued bs 49 L S C 5312(b) need not cabins an Anomgh ARumatim The Anormy's Asimutim used fa a previous
FTA ptoiect gmeralh mas be unit in Fiscal Year 1996 prmsded the Applicant a nreumgarces have cant changed in a cant that makes the
ceni6canom imand and the A itsw, s Amrmatims remains on file in the Applicant s offices, readily available to FTA In tint can line "b shwid
remain Mad. and the same Authorized Repecaemaaw ugin "a " and "e" Sit Poicodyhg in udroduwim session
Note FFA howssor reserves the tight to return: an Anarnn s npature m loss "b
FTA Certifications and Assurances for Fiscal Year 19%
IFR Doc 95-28804 Filed 11-21-95 11 07
snit
1111.1.114111 wog 491"a C
17
w C 9100-12
T.
Page 2
STATEMENT OF •RI/M•M • !+I M= �Ss
accurate,nie following documents (and dates 9Axdtted to/acknowledged by MM) have been
mtmtted to UMIA previously, ca. inue to runin valid and .. not
requirep
[XI
Standard Ass:uanme/pate: 3/ 3 0/ 9 2
Public Transportation System Descri
List of labor Unions/Date: /
opinion of Counsel/Date: __ M
Authorizing Resolution/Date:
Resu
Designation of Recipient/Dats: 17
M O DesignatioryDate: 2/ 3/ 9 2
State Agency Designation/Date:
section 9 Oartification/Date: _
Quarter Bus Agreement/Date:
Priwry DOT a VI VI Assurance/Date: 55)
LUM Civil Rights Aseurancs/Date:
Special Efforts Certification (Offs
ted
area's 504 Plan is achieveWate:
504 Assurance/Date: /
A
Resubmitted
CertificatiorVDate: 3/ 3 0/ 9 2
accessibility under an
The applicant understands and agrees that the use of Ul4?'A funds approved for this
project/program shall be consistent with the applicable sections of the Urban Mass
Transportation Act of 1964, as amended, Sections 3r 3(a)(1)(C), 3(a)(1)(D), 4(1),
6, 8, 9, 9B, 10, 16(b)(2), 18, or 20, or 23 U.S.C. sections 103(3)(4) and 142;
pertinent Federal laws; and pertinent Federal rules, regulations, and circulars:
and that the use of UKM funds is subject to audit and review. Such funds shall be
returned to tHM if, after audit, it is food that they have been and accuracy ly
Further, the applicant certifies or affirms the truthfulness
of the
contents of the statements submitted on or with this statement and understands that
the provisions of 31 U.S.C. §§3801 1& M. are apPlicabls thereto.
The applicant's eligibility to receive UM grants, as originally certified in the
opinion of Cassel (or in Governor's Designation for State programs) , remains in
effect. Further, signature of the attorney is certification that there is no
pending or tend litigation or other action which might adversely affect the
ability of to carry out the projecVprogran.
`C
Signature -of Authorized Official/Date` Attorny's Signs
Actin¢ City Manager Date:
Title of Authorized Official
ATTEMCN: Vftever, in any manner within the jurisdiction of any department or
agency of the United States knowingly and willfully falsifies or conceals a
material fact, or makes arty false, fictitious, or fraudulent statements
Or
the same to
representations, or makes or uses any false writing or document knowing shall be find not
contain any false, fictitious or fraudulent statement both. 18 U.S.C., Section
more than $10, 000 or inprisaned not more than 5 years, or
1001 (1982).
LABOR PROTECTION PROVISIONS
(formerly Special Section 13(c) Warranty)
FOR APPLICATION TO THE
URBANIZED PUBLIC TRANSPORTATION GRANT PROGRAM
The following language shall be made part of the contract of assistance with the State or other public body charged with
allocation and administration of funds provided under urbanized public transportation of the Act
a:. a,. .,
The City of 1Matm agrees that, in the absence of waiver by the Department of Labor, the terms and condition
of this warranty, as set forth below, shall apply for the protection of the transportation related employees of any
employer providing transportation services assisted by the Project ("Recipient"), and the transportation related
employees of any other surface public transportation providers in the transportation service area of the project
The city of Demon shall provide to the Department of Labor and maintain at all tunes during it, ject an
accurate, upto-date listing of all existing transportation providers wluch are eligible Recipient, tation
assistance funded by the Project, in the transportation service area of the Project, and -anon
representing the employees of such providers
Certification by the Public Body to the Department of Labor that the i/ 'ents have indicated in
writing acceptance of the terms and condition of the warranty art,
.,efficient to permit the flow
of urbanized public transportation funding in the absence of, yI1►w _ompliance by the Department of
Labor
Standard Terms and Conihhnna ^v
(1) The Project shall be co Q a manner and upon such terms and condition as will not
adversely affect employees A' . and of any other surface public transportation provider in the
transportation servic, (15: lect It shall be an obligation of the Recipient and any other legally
responsible patty O rubhc Body to assure that any and all transportation services assisted by the
Project at, .ad operated in such a manner that they do not impair the rights and interests of
affect -34 .e term "Project", as used harem, shall not be limited to the particular facility, service,
.sted by Federal funds, but shall include any changes, whether organizational, operation,
•41, or otherwise, which are a result of the assistance provided The phrase "as a result of the
shall when used in this arrangement, include events related to the Project occurring in anticipation of,
..firing, and subsequent to the Project and any program of efficiencies or economies related thereto, provided,
however, that volume rises and falls of business, or changes in volume and character of employment brought
about by causes other than the Project (including any economies or efficiencies unrelated to the Project) are not
within the purview of this arrangement
An employee covered by this arrangement, who is not dismissed, displaced or otherwise worsened in his position
with rapid to his employment as a result of the Project, but who is dismissed, displaced or otherwise worsened
solely because of the total or partial termination of the Project, discontinuance of Project services, or exhaustion
of Project rushing shall not be deemed eligible for a dismissal or displacement allowance within the meaning
of paragraphs (6) and (7) of the Model agreement or applicable provision of substitute comparable arran-
gements
(2) (a) Where employees of a Recipient are represented for collective bargaining purposes, all Project services
provided by that Recipient shall be provided under and in accordance with any collective bargaining agreement
applicable to such employees which is then in effect
Attachment B (Page 1 of 6)
(2) (b) The Recipient or legally responsible party shall provide to all effected employees sixty (60) days notice
of intended actions which may result in displacements or dismissals or rearrangements of the working forces
In the case of employees represented by a union, such notice shall be provided by certified mad through their
representatives The notice shall contain a full and adequate statement of the proposed changes, and an estimate
of the number of employees affected by the intended changes, and the number and classifications of any jobs
in the Recipient's employment available to be filled by such affected employees
(2) The procedures of this subparagraph shall apply to cases where notices involve employees represented
by a union for collective bargaining purposes At the request of either the Recipient or the representative of such
employees negotiations for the purposes of reaching agreement with respect to the application of the terms and
conditions of this arrangement shall commence immediately If no agreement is reached within twenty (20) days
from the commencement of negotiations, any party to the dispute may submit the matter to dip- 9 settlement
procedures in accordance with paragraph (4) of this warranty The foregoing procedures slip' shed with
and carved out prior to the institution of the intended action
(3) For the purpose of providing the statutory required protections molt, -ifically mandated
by Section 13(c) of the Acts, the Public Body will assure as a condrtmn of a'�/i�l nls that the Recipient
agrees to be bound by the terms and conditions of the National (Moti, r „ ) agreement executed July
23, 1975, identified below, provided that other comparable -10F ,nay be substituted therefor, if
approved by the Secretary of Labor and certified for inclua P101 addions
(4) Any dispute or controversy ansing regaw' �.ion, interpretation, or enforcement of any of
✓
the provisions of this arrangement which car v ,y and between the parties at interest within thirty
(30) days after the dispute or controversy F -4 oe referred by any such party to any final and binding
disputes settlement procedure accept os, or in the event they cannot agree upon such procedure,
to the Department of Labor or and party designated by the Department of Labor for final and
binding determination r Pl� ,n and expenses of the unpartial third party, and any other jointly
incurred expenses, slip' � ally by the parties to the proceeding and all other expenses shall be paid
by the party incur O
In the evp J as to whether or not a particular employee was affected by the Project, it shall be his
obb, y the Project and specify the pertinent facts of the Project relied upon It shall then be the
die Recipient or other party legally responsible for the application of these conditions to prove
other than the project affected the employees The claiming employee shall prevail if it is established
ae Project had an effect upon the employee even if other factors may also have affected the employee
(5) The Recipient or other legally responsible party designated by the Public Body will be financially
responsible for the application of these conditions and will make the necessary arrangements so that any
employee covered by these arrangements, or the union representative of such employee, may file claim of
violation of time arrangements with the Recipient within sixty (60) days of the slate he is terminated or laid off
as a result of the Project, or within eighteen (18) months of the date his position with respect to his employment
is otherwise worsened as a result of the Project In the latter case, if the events giving rise to the claim have
occurred over an extended period, the 18-month limitation shall be measured from the last such event No
benefits shall be payable for any period prior to six (6) months from the date of the filing of any claim
b Ch pM W a Pttteva Shall include Mthom befog horned to Soeh pronuom u mq be mauary for (1) th Ymte MllOp of ngda pnrtlegea evil 1,o.fita 4vdod1v8 ooMouwav of'.. nghm soil benefiu)
Im}ramgmg rolleMw bvgdd68 e8ammemS or dhervnm (2) the comtpunov of collediw hr8mmog neh,S (Yl the Prded�oo of iodiNduel emplgeeS agum a uonemvg of Weir poudom Mtb mapea,o,betr emplgmem
(4)wmmaofemploymcmwemployem o(eegmmd M. tmmponatovSY...4Utd roomyof rtemploymem of.mploy.,lcrmioatW or dud off soil (!)pud,rumvg soil rtNmve pmetama Suchamvg<mcma Shill �vclude
pmwam pdedmgtvdlvlWd emphyem agaW, • vnmmoa of their ponttona Mth maaod W thelr emplgmam wdah ShWI in oo cwm pm ode bcufiu lei thu Wine edaWmhed Wnuav, to &Woo 5(2) (e of the M of Febmary
m ISV(24am 379) uameoded
For purpoua of Wu wrtutY arrao8emem pm8npb (q (2) (!) (15) (it) Pit) (2e) (26) a?) nit suit 1297 of the Model sedtov U(d Agmemcm euoolW !WY 2 19m! art to be aimed
Attachment B (Page 2 of 6)
(6) Nothing in this arrangement shall be construed as depriving any employee of any rights or benefits
which such employee may have under existing employment or collective bargaining agreements, nor shall thts
arrangement be deemed a waiver of any rights of any union or of any represented employee derived from any other
agreement or provision of federal, state or local law
() In the event any employee covered by these arrangements is terminated or laid off as a result of the
project, he shall be granted priority of employment or reemployment to fill any vacant position within the control of
the Recipient for which he is, or by training or retraining within a reasonable period, can be qualified In the event
training or retraining is required by such employment or reemployment, the Recipient or other legally responsible
party designated by the Public Body shall provide or provide for such training or retraining at no cost to the
employee
(8) The Recipient will post, in a promment and accessible place, a notice stater pient has
received federal assistance under the Federal Transit Act and has agreed to comply w as of Section
13(c) of the Act This notice shall also specify the terms and conditions set f the protection of
employees The Recipient shall maintain and keep on file all relevant books . sufficient detail as to
provide the basic information necessary to the proper application, ari�v .mil enforcement of these
arrangements and to the proper determination of any clauns arising rL
(9) Any labor organization winch is the collective be G � entative of employees covered by these
arrangements, may become a party to these arrangemer ( 4ntten notice of its desire to do so upon the
Recipient and the Department of Labor In the eve .ik /Y ereement that such labor organization represents
covered employees, or is otherwise eligible to F Y io these arrangements, as applied to the Project, the
dispute as to whether such organization she Y all be determined by the Secretary of Labor
(10) In the event the Prom r i for assistance under the Act, the foregoing terms and conditions
shall be made part of the contra , between the federal government and the Public Body or Recipient of
federal toads, provided, h• arrangement shall not merge into the contract of assistance, but shall be
independently bualir ....(( O .iole by and upon the parties thereto, and by any covered employee or his
representative, t, � nth its terms, not shall any other employee protective agreement merge into this
arrangement ' y d independently binding and enforceable by and upon the parties thereto, in accordance
with its t
A
As a part of the grant approval process, either the Recipient or other legally responsible party designated by the
Public Body may in writing seek from the Secretary of Labor a waiver of the statutory required protections The
Secretary will waive these protections in cases, where at the time of the requested waiver, the Secretary determines
that there are no employees of the Recipient or of any other surface public transportation providers in the
transportation service area who could be potentially affected by the Project
Attachment B (Page 3 of 6)
A 30<lay notice of proposed waiver will be given by the Department of Labor and in the absence of timely objection, the
wazver will become final at the eW of the 30tlay notice period In the event of tunely objection, the Department of Labor
will review the matter and determine whether a waiver shall be granted In the absence of waiver, these protections shall
apply to the Project
Signature of Responsible Official
ATTEST
Signature of Recipient's Legal Counsel
vVI
VG
Qv
e>Q
O�
Attachment B (Page 4 of 6)
OPINION OF COUNSEL
LABOR PROTECTION PROVISIONS
(formerly Special Section 13(c) Warranty)
The City of Denton has agreed to be the legally and financially responsible parry for the performance of the terms and
conditions of the Labor Protection Provisions, incorporated herein by reference, for the instant grant request The Texas
Departmant of Transportation has designated the City of Denton as the legally and financially responsible party for the
instant project
This will serve as the requisite opinion of counsel that the City of Denton is legally capable of assuming the legal and
financial responsibilities for performance of the terms and conditions of the Warranty
The City of Denton is authorized under Section 3910110 of the Texas Local Ooverrunent Code eSal and
financial responsibilities for the performance of the terms and conditions of the Warranty ` .ject I have
reviewed the pertinent Federal, State and local laws, and I am of the opuuon that the• I nat there
to the City
of Denton assuming these responsibilities Furthermore, as a result of my e>, Y .here is no pending
litigation which nught in any way adversely affect the City of Do- assume and discharge these
responsibilities �yY
Signature of Recipient's Legal
Attachment B (Page 5 of 6)
ATTACHMENT TO LABOR PROTECTION PROVISIONS
(formerly Special Section 13(c) Warranty)
Listing of Recipients, Eligible Surface Public Transportation Providers and Labor Representation
1 Cite Project by Name, Description
Application for Public Transportation funds under URBANIZED public transportation Formula Gran[ Program for (name of system) service in
(project area) (Describe service demand msponarve, fixed route, etc )
2 Identify Recipients of Transportation Assistance
(List agenems/facihhes receiving service, a describe ridership by % elderly, % handicapper
vr� Yr/
3 Other Surface Public Transportation Provide•
(List other surface public transportation providers /74 "e for URBANIZED public transportation funding)
4 Union Rer--.ployees, if any
(List all ere from items I and 3 above and indicate if employees of each are represented by labor union )
Attachment B (Page 6 of 6)
Debarment Certification
(Negotiated Contracts)
(1) The CONTRACTOR certifies to the best of its knowledge and belief, that it and its principals
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntanly excluded
from covered transactions by any federal department or agency,
(b) Have not within a three-year period preceding dus proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
perfomang a public* transaction or contract under a public transaction, violation of federal or state antitrust statutes
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property,
® Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity* with
commission of any of the offenses enumerated in paragraph (1)(b) of this certification and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions*
terminated for cause or default
(2) Where the CONTRACTOR is unable to certify to any of the statements in this certification, such CONTRACTOR
shall attach an explanation to this certification
*federal, state or local
Form 1734-A
4-89
ign5 nture of Certifying Official 1I
OkT4 cna'-)e(:5�
Title
r���Grnc�-tz - i 1C19(n
Date
Attachment C (Page 1 of 3)
,45
Lower Tier Participant Debarment Certification
(Negotiated Contracts)
(For Subcontractors Contractors Over $100,000)
none otcedifying official) , being duly sworn or under penalty of perjury under
the laws of the United States, certifies that neither nor its
(1reMme naof lower 4er partmipanl)
principals are presently
• debarred, suspended, proposed for debarment,
• declared ineligible,
• or voluntarily excluded from participation in this transaction by any Federal department or agency
Where the above identified lower her participant is unable to certify to any of the above statements in this certification,
such prospective Participant shall indicate below to whom the exception applies, the initiating agency, and dates of action
Exceptions will not necessarily result in denial of award, but will be considered in determining contractor responsibility
Providing false information may result in crmunal prosecution or administrative sanctions
EXCEPTIONS,
Form 1734
Rev 4-89
S
ignaturo of Certifying Official
1' �r F.A
Tole
1ll4Vc''mnu'l2 14 l (a
Date of Certification
See Next Page for Information
Attachment C (Page 2 of 3)
4G-
Certification Information
This certification is to be used by contractors pursuant to 49 CFR 29 when any of the following occur
• any transaction between the Contractor and a person (other than a procurement contract for goods and
services), regardless of type, under a primary covered transaction
• any procurement contract for goods or services when the estimated cost is $25,000 or more
• say procurement contract for goods or services between the Contractor and a person, regardless of the amount,
under which the person will have a critical influence on or substantive control over that covered transaction
Such persons include principal investigators and providers of federally required audit services
A procurement transaction is the process of acquiring goods and services
A nonpro urement transaction is the granting of financial assistance to entities to assist the grantor in meeting objectives
that are mutually beneficial to the grantee and grantor
A COPY OF THIS CERTIFICATION IS TO BE FURNISHED TO AUTHORIZED REPRESENTATIVES OF THE
STATE OR THE U S DEPARTMENT OF TRANSPORTATION UPON REQUEST
Attachment C (Page 3 of 3)
SCHOLARSHIP GUIDELINES
BUDGET
Each Section 5307 system will be responsible for budgeting and planning for urbanized training funds Each
system will provide a description of urbanized training funds expenditures for the Contract year in the amount
Of $1,000
ELIGIBLE EXPENSES
In addition to training activities, other reimbursement opportunities include urbanized modules, videos,
instructional materials such as notebooks and newsletters for information exchange Audio visual equipment may
be purchased for use in presentations and informational exchange, standard purchasing procedures should be
followed
Federal travel gundelmes under the urbanized program continue to be in effect unless written system policies are
filed with the agency admiustermg the program Other travel expenses shall be included under Section 5307
technical assistance
Emphasis will be in expending local training opportunities Guidelines to follow as outlined by the Department
♦ Training is defined as an activity to improve employee performance through achievement of specific,
measurable, predetermined training objectives
♦ Non -training activities include meetings and conferences designed to disseminate policy, procedures, or
supervisory guidance, to provide information, or allow for exchange of information related to program
functions THESE ACTIVITIES ARE NOT ELIGIBLE FOR URBANIZED FUNDING
♦ Education assistance may provide for tuition, required fees, and books needed for approved courses at
colleges and universities and any service or part of a state institution of higher education
♦ Billing Procedures A written descnption of use and expenditures must accompany each billing All
standard Department bdlmg requirements under the Section 5307 program shall continue to be in effect
Attachment D
Lobbying Certification
for Contracts, Grants, Loans, and Cooperative Agreements
(For Contracts Exceeding $100,000)
The undersigned certifies to the best of his or her knowledge and belief, that
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any Federal agency, it Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of my Federal
contract, the nialang of any Federal grant, the ualung of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amen4inent, or modification of any Federal contract, grant, loan, or cooperative
agreement
(2) K any funds other than Federal appropriated finals have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions
(3) The undersigned shall require that the language of this certification be included in the award documents for all
subawanls at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)
and that all oubrecipients shall certify and disclose accordingly
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into Submission of tine certification to a prerequisite for making or entering into this transaction imposed by
Section 1352, Title 31, U S Cale Any person who fads 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
r / c
\��r Signani� ontractor's A�ullhonze! Official
'stAVI' /Yl>4nJr9RER
Name and Title of Contclor's Aulhornzed Official
f i-rq of
Contractor
Date
TxDOT
4-90
Attachment E
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This duelocure form shall be completed by the reporting catty, whether subawardee or prune Federal recipient, at the initiation or receipt of a covered
Federal action, of a material change to a preview film#, pursuant to title 31 U S C section 1352 The films of a form is required for each payment or
agleam atto twkepaymentto any lohbyageststyfer tnflusn ng or atam)gmg to influence an o@ieer or employee in my agency, a Member of Congress,
moffiowwmyloywofCongremmmato"wofa ManbwofC g=mcormaMonwithamvwcd Fedmal cation Use the SF LLI.AConlmwhon
Shad fm additiowl insinuation tfthe space on the form is inadequate Complete all item that apply for both the initial filing and mammal change report.
Refer to the implementing guidance published by the Office of Management and Budge for additional information
I Identity the type of covered Federal action for winch lobbying activity is and/or has been secured to influence the outcome of a
covered Federal action.
2 Identity the status of the covered Federal action.
3 Identify the appropriate ch sificat(on of Ous rvpom If this to a follow up report caused by a matmal change to the interaction
previously reported, aderdw year and quarter in winch the change occurred Enter the date of the last previously submitted report
by this reporting entity for this covered Federal action
4 Enter the full name, address, city, state and zip code of the reporting entity Include Congressional Distna, if known. Check the
appropnae clessificabm ofthe reporting entity that designates if it is, or expects to be a prime or subaward recipient. Identify the
tier ofthe subawardes, a g, the first subawardee of the prime is the Ist tiff Subawards include but are not limited to suboontracis,
subgranu and contract awards under grants
5 Ifthe organizationghngthe rsport a item 4 checks 'Subawardee, than enter the full time, address city, state and zip code of flu
prime Federal reciptent Include Congressional District, if known
6 &dethemameofthe Federalagawymaku*theawadmlomwmmttnmt. Include at least me organizational level below agency
time, if known. For example, Department of Trasportaboa, United Staten Coast Guard
7 Eno rthe Federal program tame or description for the covered Federal action (item I) If known, enter the full Catalog of Federal
Domestic Assistance (CFDA) number for grans, cooperative agreements, loam, and loan omrnnitmenh
8 Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e g. Request for
Proposal (RFP) member avasnm for Bid (IFB) number grant announcement number the contract, grant, or loan awed number,
the applicahon/propotal control number assigned by the Federal agency) Include prefix" a g. 'RFP DE 90-001
9 F" a covered Federal action where there has been a award or loan commitment by the Federal agency enter the Federal amount
of the awad/om commmnent for the prime entity identified in item 4 or 5
to (a) Enter the gill wale, address, city, state and zip code of the lobbying entity engaged by the reporting entity idenufmd in
them 4 to influence the covered Federal action
(b) Eramtfegdl nanraofthe irdividwi(s)pofixmuig services, and include full address ifdmfferiat from 10(a) Eneriast
Name Frost Name, and Middle Initial (MI)
11 Enter the wwxt ofoargiaamm pad wm awmbly expected to be paid by the reporting entity (item 4) to the lobbying catty (item
10) Indicate whether the payment his been made (social) or will be made (planned) Check all box" that apply If tlus n a
matenal chase reptat, ether the cumulative amount of payment made or planned to be made
12 Checkthe approptude box(a) Check all boxes that apply If payment is made through win kind contribution, specify the nature
and value of the m-lund payment
13 Check the appropriate box(") Check all boxes that apply If other spactly suture
14 Provide a specific and detailed denoription of the services that the lobbyist has performed, or will be expected to perform, and the
date(s) of airy serwoo rendered Include all preparatory and related activity, not)usttune sport in actual contact with Federal
officals. Idenidythe Federal oflieal(s) m employee(s) wntaeted or the officer(s) employeo(s), or Member(s) of Congress that were
contracted.
is Check whether or not a SF LLL.A Continuation Sheets) a attached
16 The certifying oflimal shall sign and date the form, print his/her time title, and telephone numb"
Public repotting burden for this collection of information is estimated to average 30 minutes per response including time for reviewing instruction;
scamhmg washing data sources, gathering and mamammgthe data naded, and completing and reviewing the collection of information. Sendoommmta
regarding the burden estimate or my other aspect of this collection of information, including suggestions for reducing this burden, to the Office of
Management and Budget, Paperwork Reduction Project (0349 0046) Washington, D C 20503
DISCLOSURE OF LOBBYING ACTIVITIES Approved byoam
Complete this form to disclose lobbying activities pursuant to 31 U S C 1352 034-0046
(See reverse for public burden disclosure)
1 Type of Federal Action
4 Statue of Federal Action
3 Report Type
❑a. contract
a bid/offer/application
❑
a initial filing
❑
b grant
b mural award
b material change
c cooperative agreement
c poet award
For Material Change Only
d loan
year _ quarter
e loan guarantee
date of lest report _
f loan insurance
4 Name and Address of Reporting Entity
3 If Reporting Entity in No 4 is Subawardee Enter Name and
❑ Prime ❑ Subawardee
Address of Prime
Tier_, ifknown
Congressional District, ifknown
Congressional District, ifknown
6 Federal Department Agency
7 Federal Program Name/Description
CFDA Number ifopplicable
8 Federal Action Number ifknown
9 Award Amount, fknown
S
10 a Name and Address of Lobbying Entity b Individual performing Serwoes (including address if Different
(If mdtwdual, last name, first name, Mrs from No 10a)
(last time first name MI)
(atteoh Contmuatum Sheets) SF LLGA, tf necessary)
11 Amount of Payment (check all that apply)
13 Type of payment (check all that apply)
S ❑ actual ❑ planned
❑ a retainer
❑ b one time fee
❑ c commission
11 Form of Payment (check all that apply)
❑ d contingent fee
❑ a. cash
❑ e deferred
❑ b In kind specify nature
❑ f other speedy
value
14 Brief Dacnptum of Seimm Perforated or to be Performed and Dates(s) of Serwoo including officer(s) employeos(s) or Members)
contacted, for Payment Indicated in Item 11
(aeaoh Contmuatmn Sheet(s) SF LLL-A, if necessary)
IS Continuation Sheet(s) SF LLL.A attached O Yea 1:3 No
16 Womnasnnrequaud duougb dofora a sudoaed by sae 31 U S C secsan 1337
Signature
71us dWloa re ofiobbying,ed"n s w a maaml rgmianason of sctupon wkh
ahhuwswr plied by the bwabow wbmtlm ssysananwr msdeaeniaad ram
Pnnt Name
llusdo"mangared punumimll UaC DST 71& inbonsli n will be
reported to da Congreu samiwnusoy and win bawdaek far public aupectim.
Tide
My psnen who fills to se the m***d dsdanm shoo be suited a cW penury
of" IOU thin 1110,000 and nanor, than$100 ape&Itach such sour.
Telephone Date
Federal Use Only
Audwnmd for Law ReXodod oo
Sundurd Pam LLL