20-2363ORDINANCE NO.20-2363
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO EXECUTE AND DELIVER AN AGREEMENT FOR THE
FURNISHING AND INSTALLING OF TRAFFIC SIGNAL EQUIPMENT BY A
MUNICIPALITY. BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT
OF TRANSPORTATION, REGARDING DENTON’S REIMBURSEMENT TOTAL OF
$57,031.oo FOR FURNISHING TRAFFIC SIGNAL EQUIPMENT FOR THE
INTERSECTIONS OF IH 35E AT TEASLEY LANE, E. MCKINNEY STREET AT
WOODROW LANE, AND E. MCKINNEY STREET AT MOCKINGBIRD LANE;
AUTHORIZING THE REIMBURSEMENT OF FUNDS THEREOF; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Texas Department of Transportation (“TxDOT”) is funding the
construction cost of Traffic Signal Upgrades at the intersections of IH 35E at Teasley Lane, E.
McKinney Street at Woodrow Lane, and E. McKinney Street at Mockingbird Lane as part of the
Highway Safety Improvement Program (“HSIP”) funding (the “Project”); and
WHEREAS, the TxDOT has approved the use of sole sourced traffic signal equipment
that is compatible with City standards for these intersections; and
WHEREAS, the approved sole sourced traffic signal equipment total cost is estimated at
$57,03 1.00; and
WHEREAS, the State and City wish to cooperate in the construction of the Project; and
WHEREAS, the State is authorized to enter into an agreement with the City for the
Project pursuant to Transportation Code § 221.002 and have prepared the attached Agreement
for the Furnishing and Installing of Traffic Signal Equipment by a Municipality (the
“Agreement”); and
WHEREAS, the City Council, having considered the Agreement that is required by
TxDOT and considering the project let in May 2020, is of the opinion that it should approve the
above-referenced Agreement by and between the City and TxDOT; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference as true and as if fully set forth in the body of this ordinance.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute and
deliver on behalf of the City the Agreement, a copy of which is attached hereto as Exhibit “A“
and made a part hereof for all purposes, or a substantially similar agreement as may be required
by TxDOT.
SECTION 3. The City Manager, or his designee, is further authorized to carry out all duties
and obligations to be performed by the City under the Agreement, including, but not limited to,
the reimbursement of funds.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
Th, „@,„ t, ,pp„„, thi, O,di„,„„ w„ m,d, by 3oM Rya A m
seconded by TeSS e DM ,'S ; the Oro d by
the following vote U -Z :
M LIu Abstain Absent
Gerard Hudspeth, Mayor:
Birdia Johnson. District 1 :
Connie Baker. District 2:
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:J
PASSED AND APPROVED thi, th, g vi day of anuan1 ' 2021.
MR
ATTEST:
ROSA RIOS, CITY SECRETARY
3X:%
b r>2_
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
„:y,@7
CSJ # 0195-03-092 and 0918-46-
310
District # DAL/1 8
Code Chart 64 # 11400
Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
STATE OF TEXAS S
COUNTYOF TRAVIS S
AGREEMENT FOR THE FURNISHING AND INSTALLING OF
TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY
THIS AGREEMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the “State,” and Denton called the “City,” acting through its
duly authorized officers.
WITNESSETH
WHEREAS, the State owns and maintains a system of highways and roadways, including IH 35E
at FM 2181 ; and
WHEREAS, the City has requested the State to reimburse the cost of furnishing and installing
traffic signal equipment at the intersection IH 35E at FM 2181 (Teasley Ln.), E. McKinney St. from
Woodrow Ln. to Audra Ln. to Mockingbird Ln. called the “Project”; and
WHEREAS, the State and City wish to cooperate in the construction of this Project; and
WHEREAS, the City desires that equipment be provided that is compatible with standard signal
operation or existing City equipment; and
WHEREAS, it is in the best interest of the City and the State for the City to assist the State by
furnishing traffic signal equipment on the Project; and
WHEREAS, on August 30th, 2018, the Texas Transportation Commission passed Minute Order
No. 115291, approving the Project; and
WHEREAS, the Governing Body of the City has approved entering into this agreement by
resolution or ordinance dated '&wg+5_, 20a, labeled Attachment A, which is
attached to and made a part of this agreerhent; an
WHEREAS, the Project has been designated as a federal-aid project and; therefore, this
agreement shall be made in accordance with Federal Highway Administration (FHWA) procedures
and regulations; and
WHEREAS, the State is authorized to enter into an agreement with the City for the Project
pursuant to Texas Transportation Code 5221.002;
NOW THEREFORE, the State and the City agree as follows:
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District # DAL/1 8
Code Chart 64 # 1 1400
Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
AGREEMENT
Article 1. Period of this Agreement
This agreement becomes effective on final execution by both parties and shall remain in effect
as long as the traffic signal equipment furnished by the City is in operation at the described
location and the signal project is incomplete, or unless otherwise terminated or modified as
provided below.
Article 2. Scope of Work
A. For all items of construction other than furnishing and installing the traffic signal equipment,
the State will prepare the construction plans and specifications, advertise for bids, let the
construction contract or otherwise provide for the construction, and supervise the
construction. The State will secure the City’s approval of construction plans and
specifications prior to award of contract.
B. The City shall furnish and install the traffic signal equipment as shown in the construction
plans and specifications.
Article 3. Personnel, Equipment, and Material
A. The City shall use labor and supervisory personnel employed directly by the City.
B. All employees of the City assigned to this agreement shall have sufficient knowledge and
experience to enable them to perform the duties assigned to them.
C. The State may require the City to remove any employee from the work authorized in this
agreement if, in the sole opinion of the State, the work of that employee does not comply
with this agreement or the conduct of that employee is detrimental to the Project.
D. All materials used for the work shall be new and undepreciated.
E. Reimbursement for the use of materials purchased by other than competitive bid
procedures will be made only if:
1. Those procedures are shown to be in the public interest; and
le State has given prior approval for ie of material
F. The City shall use City-owned machinery, equipment, and vehicles for the work. In the
event that the City does not have the necessary machinery, equipment, and vehicles, they
may be rented or leased at the lowest bid price of those submitted by two or more
approved bidders.
Article 4. Compensation
A. The maximum amount reimbursable by the State to the City under this agreement without
modification is $57,031.00. A cost estimate of the traffic signal equipment furnished by the
City under this agreement, labeled Attachment B, is attached to and made part of this
agreement.
B. The State will reimburse the City for costs incurred under this agreement, provided the City
has paid from City funds those obligations previously billed.
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CSJ # 0195-03-092 and 0918-46-
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District # DAL/1 8
Code Chart 64 # 11400
Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
The State will reimburse the City the cost of furnishing and installing the traffic signal
equipment as shown in the construction plans and specifications.
The State will reimburse the City for applicable labor, equipment use, materials,
supplies, travel expenses, and warehouse or material handling charges.
The State will not reimburse unsupported costs, costs incurred prior to the issuance of a
written work order by the State, and costs incurred after final acceptance by the State.
The State shall make payment to the City within thirty (30) days from the receipt of the
City’s request for payment contingent upon both:
a. The State’s acceptance of the completed Project; and
b. The City’s submission of an original and four copies of a request for payment:
1 ) To the following address
Texas Department of Transportation
ATTN: Director of Operations
4777 E. Highway 80
Mesquite, TX 75150
2) On the State’s Form 132 Billing Statement or other type of invoice acceptable to
the State; and
3) That documents the work performed and materials used through descriptions,
quantities, unit prices, and extensions.
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C. The City shall be responsible for any funds determined to be ineligible for federal
reimbursement and shall reimburse the State the amount of those funds previously
provided to it by the State
D. If the City will perform any work under this agreement for which reimbursement will be
provided by or through the State, the City must complete training before federal spending
authority is obligated. Training is complete when at least one individual who is working
actively and directly on the Project successfully completes and receives a certificate for the
course entitled Local Government Project Procedures Qualification for the Texas
Department of Transportation . The City shall provide the certificate of qualification to the
State. The individual who receives the training certificate may be an employee of the City
or an employee of a firm that has been contracted by the City to perform oversight of the
Project. The State in its discretion may deny reimbursement if the City has not designated
a qualified individual to oversee the Project.
Article 5. Insurance
If this agreement authorizes the City or its contractor to perform any work on State right of way,
before beginning work the entity performing the work shall provide the State with a fully
executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of
coverage in the amounts and types specified on the Certificate of Insurance for all persons and
entities working on State right of way. This coverage shall be maintained until all work on the
State right of way is complete. If coverage is not maintained, all work on State right of way
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District # DAL/1 8
Code Chart 64 # 11400
Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
shall cease immediately, and the State may recover damages and all costs of completing the
work
Article 6. Responsibilities of the Parties
The State and the City agree that neither party is an agent, servant, or employee of the other
party and each party agrees it is responsible for its individual acts and deeds as well as the
acts and deeds of its contractors, employees, representatives, and agents.
Article 7.Progress
Communications. The City shall confer with the State during the progress of the Project.
The City shall prepare and present all information that is requested by the State or is
necessary for the State to evaluate the work performed by the City.
A
B. Reports. The City shall promptly advise the State in writing of events that may have a
significant effect on the progress of the Project.
1. The City shall promptly advise the State in writing of any problems, delays, or adverse
conditions that will materially affect the ability to meet scheduled goals. This disclosure
will be accompanied by statement of the action taken or contemplated and any State or
federal assistance needed to resolve the situation
The City shall also promptly advise the State in writing of favorable developments or
events that enable meeting goals sooner than anticipated .
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Article 8. Inspection of Work
The State shall make frequent and complete inspection of all materials, equipment, and
work to determine and permit certification that:
1. They are in suitable condition for operation and maintenance by the City after
completion; and
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2. All applicable requirements of the plans and specifications are satisfied.
B. The City shall provide opportunities, facilities, and representative samples, as required by
the State to
C. The State will promptly notify the City of any deficiencies determined by the above
inspections and the City shall, without delay, take corrective action acceptable to the State.
perform the above inspectio
Article 9. Maintenance, Retention, and Audit of Records
A. Retention Period. The City shall maintain all books, documents, papers, computer-
generated files, accounting records, and all other evidence pertaining to costs incurred and
work performed under this agreement, and shall make those materials available at its office
during the time period covered and for seven years from the date of final payment under
this agreement, until completion of all audits, or until pending litigation has been completely
and fully resolved, whichever occurs last.
B. Availability. The State, FHWA, United States Department of Transportation and its Office
of the Inspector General, State Auditor’s Office, United States Comptroller General, and
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310
District # DALJ18
Code Chart 64 # 1 1400
Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
any of their authorized representatives shall have access to the records for the purpose of
making audits, examinations, excerpts, and transcriptions.
C. State Auditor. The state auditor may conduct an audit or investigation of any entity
receiving funds from the State directly under this agreement or indirectly through a
subcontract under this agreement. Acceptance of funds directly under this agreement or
indirectly through a subcontract under this agreement acts as acceptance of the authority of
the state auditor, under the direction of the legislative audit committee, to conduct an audit
or investigation in connection with those funds. An entity that is the subject of an audit or
investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
D. Audit Timing. The State will prepare an audit:
1. Upon completion of the work authorized or early termination of the agreement to
determine the amount of the work performed and materials furnished by the City at that
andtime
2. At any time it is deemed to be in the best interest of the State.
Article 10. Disputes
The State’s decision on disputes regarding the responsibilities and obligations set forth in this
agreement shall be final and binding.
Article 11. Non-collusion
The City shall warrant that it has not employed or retained any company or person, other than
a bona fide employee working for the City, to solicit or secure this agreement, and that it has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other consideration contingent upon or
resulting from the award or making of this agreement. If the City breaches or violates this
warranty, the State shall have the right to annul this agreement without liability or, in its
discretion, to deduct from the agreement price or consideration, or otherwise recover the full
amount of the fee,commission, brokerage fee, gift, or contingent fee.
Article 12.Termination and Remedies
A.Causes. This agreement shall remain in effect until the project is completed and accepted
by all parties, unless the agreement is terminated by:
1. Written agreement of the parties;
2. Written notice from either party because the other party did not fulfill its contractual
obligations;
Written notice from the City, after the completion of preliminary engineering,
specifications, and estimates, that it elects not to provide funding;
The State if the Project is inactive for thirty-six months or longer and no expenditures
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have been charged against federal funds; or
5. Thirty (30) days written notice from the State, with or without cause.
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District # DAL/18
Code Chart 64 # 1 1400
Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
Payments Due After Termination.
If the State terminates this agreement, the State shall not be liable for any costs other
than those due at the time of termination.
If this agreement is terminated under Article 12(A)(3) and the project does not proceed
because of insufficient funds, the City shall reimburse the State for its reasonable actual
costs incurred during the project.
If this agreement is terminated under Article 12(A)(5), the City shall not incur costs
during the thirty (30) days after notice is given if those costs are more than the costs
incurred during the preceding thirty (30) days.
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C. Value of Completed Work. The State shall determine the value of any work that has been
performed at the time of termination. In determining the compensation for partial work, the
State will consider
1. Actual costs incurred in performing the work to the date of termination;
2. The amount of work that was satisfactorily completed as of the date of termination;
3. The value of the work that is usable by the State;
4. The cost to the State of employing others to complete the required work;
5. The time required to employ others to complete the work; and
6. Any other factors that affect the value to the State of the work performed.
D. Payment of Additional Costs. If this agreement is terminated under Article 12(A)(2), the
State may take over the project and complete the work. The City shall be liable to the State
for any additional costs to the State caused by the termination.
Whenever funds are paid by the City to the State under this agreement, the City shall remit
a check or warrant made payable to the “Texas Department of Transportation” or may use
the State’s Automated Clearing House system for electronic transfer of funds in accordance
with instructions provided by TxDOT’s Financial Management Division. The funds shall be
deposited and managed by the State and may only be applied by the State to the project.
E. Excusable Delays. Except with respect to subcontractors, the City will not be considered
in default for any failure that arises out of causes beyond the control and without the
These include acts of God or the public enemy, acts of the
Government in its sovereign immunity or contractual capacity, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and unusually severe weather.
F. Surviving Requirements. Except for provisions that specifically establish responsibilities
that extend beyond the agreement period, termination and payment under this article
extinguish the rights, duties, and obligations of the State and the City under this agreement.
G. Remedies.
Any costs incurred by the State arising from the termination of this agreement under1
Article 12(A)(2) or (3) shall be paid by the City.
This agreement shall not be considered as specifying the exclusive remedy for any
default, but all remedies existing at law and in equity may be pursued by either party
and shall be cumulative.
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Feqjjqence of the City.
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310
District # DAL/1 8
Code Chart 64 # 11400
Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
Article 13. Compliance with Laws
A. Compliance Requirement. The parties shall comply with all applicable federal, state, and
local laws, statutes, ordinances, rules, and regulations, and the orders and decrees of any
courts or administrative bodies or tribunals in any manner affecting the performance of this
agreement, including worker’s compensation laws, minimum and maximum salary and
wage statutes and regulations, nondiscrimination laws, and licensing laws and regulations.
B. Proof of Compliance. At the request of the State, the City shall furnish satisfactory proof
of its compliance with this article.
Article 14. Gratuities
A. Employees Not To Benefit. Employees of the State or the City shall not accept any
benefits, gifts, or favors from any person doing business with, or who reasonably speaking
may do business with the State or the City under this agreement.
B. Liability. The State may terminate this agreement if the City or any other person who is
doing business with or who reasonably speaking may do business with the State under this
agreement offers benefits, gifts, or favors to State employees in violation of this policy.
Article 15. Subcontracting
A. Prior Approval. The City shall not assign, subcontract, or transfer services related to the
work under this agreement without the advance written approval of the State.
B. Required Provisions. All subcontracts shall include the provisions contained in this
agreement and any other provisions required by law.
C. City Responsibilities. A subcontract does not relieve the City of any responsibilities under
this agreement.
Article 16. Amendments to this Agreement
Any change to one or more of the terms and conditions of this agreement shall not be valid
unless made in writing and agreed to by the parties before the change is implemented.
Article 17. Legal Construction
If any provision in this agreement is for any reason held to be invalid, illegal, or unenforceable
in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision of
this agreement. In that case, this agreement shall be construed as if the invalid, illegal, or
unenforceable provision had never been contained in it.
Article 18. Successors and Assigns
A. The City and the State bind themselves and their successors and assigns to each other
party of this agreement and to the successors and assigns to each other party with regard
to all covenants of this agreement.
B. The City shall not assign, subcontract, or otherwise transfer its interests in this agreement
without the written approval of the State.
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CSJ # 0195-03-092 and 0918-46-
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District # DALJ18
Code Chart 64 # 11400
Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
Article 19. Sole Agreement
This agreement constitutes the sole agreement between the parties concerning the Project
and supersedes any prior understandings or written or oral agreements between the parties
respecting the subject matter of this agreement.
Article 20. Debarment Certification
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549, “Debarment and Suspension.” By executing this
agreement, the City certifies that it is not currently debarred, suspended, or otherwise excluded
from or ineligible for participation in Federal Assistance Programs under Executive Order
12549 and further certifies that it will not do business with any party that is currently debarred ,
suspended, or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549. The parties to this agreement shall require any party
to a subcontract or purchase order awarded under this agreement to certify its eligibility to
receive federal funds and, when requested by the State, to furnish a copy of the certification
Article 21.Civil Rights Compliance
A.Compliance with Regulations: The City will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be
amended from time to time, which are herein incorporated by reference and made part of
this agreement.
Nondiscrimination: The City, with regard to the work performed by it during the contract, will
not discriminate on the grounds of race, color, or national origin in the selection and
retention of subcontractors, including procurement of materials and leases of equipment.
The City will not participate directly or indirectly in the discrimination prohibited by the Acts
B.
and the Regulations, including employment practices when the contract covers any activity,
Droiect, or program set forth in Appendix B of 49 CFR Part 21
C.Solicitations for Subcontracts, Including Procurement of Materials and Equipment: in all
solicitations either by competitive bidding or negotiation made by the City for work to be
performed under a subcontract, including procurement of materials or leases of equipment,
each potential subcontractor or supplier will be notified by the City of the City’s obligations
under this contract and the Acts and Regulations relative to Nondiscrimination on the
grounds of race, color, or national origin.
Information and Reports: The City will provide all information and reports required by the
Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its
books, records, accounts, other sources of information, and facilities as may be determined
by the State or the FHWA to be pertinent to ascertain compliance with such Acts,
Regulations or directives. Where any information required of the City is in the exclusive
possession of another who fails or refuses to furnish this information, the City will so certify
D.
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Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
to the State or the Federal Highway Administration, as appropriate, and will set forth what
efforts it has made to obtain the information.
Sanctions for Noncompliance: in the event of the City's noncompliance with the
Nondiscrimination provisions of this contract, the State will impose such contract sanctions
as it or the FHWA may determine to be appropriate, including, but not limited to:
1. withholding of payments to the City under the contract until the City complies and/or
2. cancelling, terminating, or suspending of the contract, in whole or in part.
Incorporation of Provisions: The City will include the provisions of paragraphs (A) through
(F) in every subcontract, including procurement of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The
City will take such action with respect to any subcontract or procurement as the State or the
FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the City becomes involved in, or is threatened with,
litigation with a subcontractor or supplier because of such direction, the City may request
the State to enter into such litigation to protect the interests of the State. In addition, the
City may request the United States to enter into such litigation to protect the interests of the
United States.
E.
F.
Article 22.Disadvantaged Business Enterprise (DBE) Program Requirements
A. The parties shall comply with the DBE Program requirements established in 49 CFR Part
26
B. The City shall adopt, in its totality, the State’s federally approved DBE program.
C. The City shall set an appropriate DBE goal consistent with the State’s DBE guidelines and
in consideration of the local market, project size, and nature of the goods or services to be
acquired. The City shall have final decision-making authority regarding the DBE goal and
shall be responsible for documenting its actions.
D. The City shall follow all other parts of the State’s DBE program referenced in TxDOT Form
2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of
Transportation’s Federally-Approved Disadvantaged Business Enterprise by Entity, and
attachments found at web address http://ftp.dot.state.tx. us/pub/txdot-
info/bop/dbe/mou/mou attachments.pdf.
E. The City shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any U.S. Department of Transportation (DOT)-assisted contract
or in the administration of its DBE program or the requirements of 49 CFR Part 26. The
City shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-
discrimination in award and administration of DOT-assisted contracts. The State’s DBE
program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and
failure to carry out its terms shall be treated as a violation of this agreement. Upon
notification to the City of its failure to carry out its approved program, the State may impose
sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
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District # DAL/1 8
Code Chart 64 # 1 1400
Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of
1986 (31 USC 3801 et seq.).
Each contract the City signs with a contractor (and each subcontract the prime contractor
signs with a sub-contractor) must include the following assurance: The contractor, sub-
recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this
agreement, which may result in the termination of this agreement or such other remedy as
the recipient deems appropriate.
F.
Article 23. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in 49 CFR S 18.36 and with
the property management standard established in 49 CFR S 18.32.
Article 24. Office of Management and Budget (OMB) Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and
allocable to the Project.
Article 25.Lobbying Certification
In executing this agreement, each signatory certifies to the best of that signatory’s knowledge
and belief, that
A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties
to any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into
amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with federal contracts, grants, loans, or cooperative agreements,
the signatory for the City shall complete and submit the Federal Standard Form-LLL,
“Disclosure Form to Report Lobbying,” in accordance with its instructions.
C. The parties shall require that the language of this certification shall be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts
under grants, loans, and cooperative agreements) and all sub-recipients shall certify and
disclose accordingly. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 USC 91352. Any person who fails to file the
3xtension, continuation, renewalof any cooperative agreement, and
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CSJ # 0195-03-092 and 0918-46-
310
District # DAL/18
Code Chart 64 # 1 1400
Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
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.
Article 26.Federal Funding Accountability and Transparency Act Requirements
A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act and implementing regulations at 2 CFR Part 170,
including Appendix A. This agreement is subject to the following award terms:
httP://www.gPO.gov/fdsvs/Pkq/FFq-2010-09-14/Pdf/2010-22705. Pdf and
http ://www. aDO.qov/fdsvs/pkq/FR-2010-09- 14/Pdf/201 0-22706. pdf
B. The City agrees that it shall:
1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal
Acquisition Regulation, Part 4, Sub-part 4.1100) if this award provides for more than
$25,000 in Federal funding. The CCR number may be obtained by visiting the CCR
web-site whose address is: https://www.sam.gov/portal/public/SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a
unique nine-character number that allows the Federal government to track the
distribution of federal money. The DUNS number may be requested free of charge for
all businesses and entities required to do so by visiting the Dun & Bradstreet on-line
registration website http://fedqov.dnb.com/webform; and
Report the total compensation and names of its top five executives to the State if:
a. More than 80% of annual gross revenues are from the Federal government, and
those revenues are greater than $25,000,000; and
b. The compensation information is not already available through reporting to the U.S.
Securities and Exchange Commission.
3
Article 27. Single Audit Report
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502,
ensuring that the single audit report includes the coverage stipulated in 2 CFR 200.
If threshold expenditures of $750,000 or more are met during the City's fiscal year, the City
must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's
Compliance Division, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT’s
Compliance Division at sinqleaudits(a}txdot.gov.
If expenditures are less than $750,000 during the City's fiscal year, the City must submit a
statement to TxDOT's Compliance Division as follows: "We did not meet the $750,000
expenditure threshold and therefore, are not required to have a single audit performed for
FY 11
For each year the project remains open for federal funding expenditures, the City will beD
responsible for filing a report or statement as described above. The required annual filing
shall extend throughout the life of the agreement, unless otherwise amended or the project
has been formally closed out and no charges have been incurred within the current fiscal
B
C
year
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CSJ # 0195-03-092 and 0918-46-
310
District # DAL/1 8
Code Chart 64 # 1 1400
Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
Article 28. Notices
All notices to either party by the other under this agreement shall be delivered personally or
sent by certified or U.S. mail, postage prepaid, addressed to the other party at the following
addresses:
State
City of Denton Texas Department of Transportation
Attn: Brian Jahn. P.E.Ann: Director of Operations
901-A Texas St 4777 E. Hjqhwav 80
Denton. TX 76209 Mesquite, TX 75150
All notices shall be deemed given on the date delivered or deposited in the mail. Either party
may change the above address by sending written notice of the change to the other party.
Either party may request in writing that notices shall be delivered personally or by certified U.S.
mail, and the request shall be carried out by the other party.
Article 29. Pertinent Non-Discrimination Authorities
During the performance of this contract, the City, for itself, its assignees, and successors in
interest agree to comply with the following nondiscrimination statutes and authorities; including
but not limited to
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. S 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. S 4601), (prohibits unfair treatment of persons displaced or whose property has
been acquired
C. Federal-Aid Highway Act of 1973, (23 U.S.C. S 324 et seq.), as amended, (prohibits
discrimination on the basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. S 794 et seq.) as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27.
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. S 6101 et seq.), (prohibits
discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the
terms “programs or activities” to include all of the programs or activities of the Federal-aid
because of Federal or Federal-aid programs and projects)
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310
District # DAL/1 8
Code Chart 64 # 1 1400
Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
recipients, subrecipients and contractors, whether such programs or activities are Federally
funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the
basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. SS 12131-
12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37
and 38
The Federal Aviation Administration’s Nondiscrimination statute (49 U.S.C. S 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex).
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures nondiscrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority and
low-income populations
I
J
K. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, the parties must take reasonable steps to ensure that LEP persons have
meaningful access to the programs (70 Fed. Reg. at 74087 to 74100).
Title IX of the Education Amendments of 1972, as amended, which prohibits the parties
from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
L
seq.)
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CSJ # 0195-03-092 and 0918-46-
310
District # DALJ18
Code Chart 64 # 1 1400
Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
Article 30. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented .
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cal # 0195-03-092 and 091&46-
310
District # DAL/18
Code Chart 64 # 11400
Project Traffx; Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
Each party is signing this agreement on the date stated below that party's signature.
=3TT–
Todd manE
THaw PrlIM TiDe
1 - 7- ZDZI
TH6AGREEMEKT HAS BEn
HIH REVIeWED AND APPROVED
UtD 6nand81 HUI ofwaUonal
obWon8 ged lw8lnw turns.
Sbature
City Traffic Engineer
IIde
Capital Projects - Traffic P
SOd 11-12-20
Hi
CWi
$!tEl IfUll
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CSJ # 0195-03-092 and 0918-46-
310
District # DAL/1 8
Code Chart 64 # 1 1400
Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
THE STATE OF TEXAS
Signature
Mohamed K. Bur, P E.
Dallas District Engineer
Date
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1/11/2021
CSJ # 0195-03-092 and 091846-
310
District # DALJI 8
Code Chart 64 # 1 1400
Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
ATTACHMENT A
CITY RESOLUTION OR ORDINANCE
[INSERT RESOLUTION OR ORDINANCE]
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DocuSign Envelope ID: AB1CAB6A-962E-4DE9-A290-182E9FDBCABF
CSJ # 0195-03-092 and 0918-46-
310
District # DAL/1 8
Code Chart 64 # 1 1400
Project: Traffic Signal
Reimbursement Multiple Locations
Federal Highway Administration
CFDA No.20.205
Not Research and Development
ATTACHMENT B
COST ESTIMATE
0195-03-092 IH 35E at FM 2181 (Teasley Ln.)
Signal equipment
Controller Cabinet - $9,570
Cabinet Breakaway Base - $990
Controller Timer - $3,300
Conflict Monitor - $897
Polara Navigator CCU - $2,420
Polara Navigator PB Stations – 4,752
Total for this intersection $21,929.00
0918-46-310 E. McKinney St. from Woodrow Ln. to Audra Ln. to Mockingbird Ln.
Controller Cabinets - $19,140
Cabinet Breakaway Bases - $1,980
Controller Timers - $6,600
Conflict Monitors - $1,794
Polara Navigator CCU - $2,420
Polara Navigator PB Stations – $3,168
Total for this intersection $35,102.00
Grand Total $57,031.00
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