21-610ORDINANCE NO. 21-610
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE INTERIM CITY
MANAGER TO EXECUTE AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF LANDSCAPING
DEVELOPMENT WITHIN THE RIGHT OF WAY OF FM 2499 FROM FM 2181 TO IH 35E;
AUTHORIZING THE INTERIM CITY MANAGER, OR HER DESIGNEE, TO PERFORM ALL
OBLIGATIONS OF THE CITY UNDER THE AGREEMENT, INCLUDING THE
EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Green Ribbon is a program established by the Texas state legislature in
1999 to allocate funding for landscaping and other enhancement activities in Texas Department of
Transportation ("TXDOT") districts that have air quality non -attainment and near non -attainment
counties, of which Denton County is one, with the program goal to establish trees and plants in
state highway rights-of-way to help mitigate the effects of air pollution; and
WHEREAS, the City provided concept designs to TXDOT in early June 2019 to upgrade
the landscaping on the FM 2499 medians from US Highway I35 to FM 2181; and
WHEREAS, the proposed Advance Funding Agreement ("AFA") affirms that TXDOT
will provide funding for the installation for all landscape materials including trees, plants,
irrigation, and concrete mow strips, and after installation, the City will assume all maintenance
responsibilities and the financial obligation attendant to the maintenance; and
WHEREAS, pursuant to the AFA, the City would install landscape elements including but
not limited to trees, shrubs, grasses, sidewalks, irrigation systems, and hardscape features using
funds from both the federal government and the State; and
WHEREAS, pursuant to the AFA, the City would maintain all landscape elements within
the limits of the right-of-way, including all median and island areas but excluding paved areas
intended for vehicular travel; such landscape maintenance would include but not be limited to plant
maintenance, plant replacement, mowing and trimming, hardscape element maintenance, and
irrigation system operation and maintenance, wherein all landscape elements must be maintained
in a functional and aesthetically pleasing condition; and
WHEREAS, City staff has reviewed the AFA required by TXDOT and is of the opinion
that it should be approved; and
WHEREAS, the City Council finds it is in the public interest to approve the AFA; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The fmdings 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 Interim City Manager, or her designee, is hereby authorized to execute
Page 1 of 3
on behalf of the Advanced Funding Agreement for a Green Ribbon Program Project —
Landscaping Improvements with TXDOT, 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 Interim City Manager, or her 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 expenditure of funds.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by�`�y and seconded
by '50 h \ the ordinance was passed and approved by the
following vote[ '7
PASSED and APPROVED this the day of AAr% , 2021
GERARD HUDSPETH, MAYOR
Page 2 of 3
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
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:
V
PASSED and APPROVED this the day of AAr% , 2021
GERARD HUDSPETH, MAYOR
Page 2 of 3
ATTEST:X
1 f 111,E 11���
ROSA RIOS, CITY SECRETARY
404% •..•••••••• •�'Tpp'�,
•'' 2
•
Cis :
' i y
BY:
r •
W.._.
rr'►��
APPROVED AS TO LEGAL FORM:
O y0'ey,
AARON LEAL, CITY ATTORNEY
Page 3 of 3
DocuSign Envelope ID: FE1 FE7B6-9E164298-MAMAA2018AAMA
TxDOT:
CSJ #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
Development
Limits
FM 2499 from FM 2181 to IH 35E
STATE OF TEXAS §
COUNTY OF TRAVIS §
Federal Highway Administration:
I CFDA No. 1 20.205 1
CFDA Title I Highway Planning and Construction
AFA Not Used For Research & Development
ADVANCE FUNDING AGREEMENT
For A
Green Ribbon Program Project
Landscaping Improvements
On -System
THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through
the Texas Department of Transportation called the "State", and the City of Denton, acting by and
through its duly authorized officials, called the "Local Government". The State and Local Government
shall be collectively referred to as "the parties" hereinafter.
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements to
implement its public purposes, and
WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design,
construct and operate a system of highways in cooperation with local governments, and Section
222.052 authorizes the Texas Transportation Commission to accept contributions from political
subdivisions for development and construction of public roads and the state highway system within the
political subdivision, and
WHEREAS, federal and state laws require local governments to meet certain contract standards
relating to the management and administration of State and federal funds, and
WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that
describe federal, state, and local responsibilitier cost participation in highway improvement and other
transportation projects, and
WHEREAS, the Green Ribbon Program was established to allocate funds for landscaping activities
including the planting and establishment of trees and plants on the state highway system; and,
WHEREAS, Title 43, Texas Administrative Code, Chapter 11, Green Ribbon Projects, allows local
governments, by the execution of written agreements, to provide money, property or services for the
aesthetic improvements on the state highway system; and,
WHEREAS, Rider 15 of House Bill 1 of the 86th Legislature, expands the Green Ribbon Project, a publ ic-
private partnership initiative, to enhance the appearance of public highways by incorporating in the
design and improvement of public highways the planting of trees and shrubs, emphasizing natural
beauty and greenspace, integrating public art, and highlighting cultural uniqueness of neighborhoods,
to other areas of the state.
Page 1 of 15
AFA Long Gen Rev 07/17/2019
DocuSign Envelope ID: FE1FE7B6-9E16-4298-A6A3-OAA2018AA3AA
TxDOT:
C si #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
Development
Limits
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
I CFDA No. 1 20.205 1
CFDA Title I Highway Planning and Construction
AFA Not Used For Research & Development
WHEREAS, the Texas Transportation Commission passed Minute Order Number 115814 authorizing
the State to undertake and complete a highway improvement or other transportation project generally
described as landscaping development. The portion of the project work covered by this Agreement
is identified in the Agreement, Article 3, Scope of Work (Project), and
WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement
by resolution, dated April 6, 2021, which is attached to and made a part of this Agreement as
(Attachment A), Resolution, Ordinance, or Commissioners Court Order. A map showing the Project
location appears in (Attachment B), Location Map Showing Project, which is attached to and made a
part of this Agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of
the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed
as follows:
AGREEMENT
1. Responsible Parties
For the Project covered by this Agreement, the parties shall be responsible for the following
work as stated in the article of the Agreement referenced in the table below:
1
N/A
Utilities
Article 8
2.
N/A
Environmental Assessment and Mitigation
Article 9
3.
N/A
Architectural and Engineering Services
Article 11
4.
Local Government
Construction Responsibilities
Article 12
5.
N/A
Right of Way and Real Property
Article 14
2. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes the
Agreement fully executed. This Agreement shall remain in effect until the Project is completed
or unless terminated as provided below.
3. Scope of Work
The scope of work for the Project consists of the construction of landscaping activities to
include planting and irrigation along FM 2499 from FM 2181 to IH 35E within the limits of
the city of Denton, as shown in Attachment B. Location Map.
4. Project Sources and Uses of Funds
Page 2 of 15
AFA Long Gen
Rev 07/17/2019
DocuSign Envelope ID: FE1 FE7B6-9E164298-MAMAA2018AAMA
TxDOT:
CSJ #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
Development
Limits
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
I CFDA No. 1 20.205 1
CFDA Title I Highway Planning and Construction
AFA Not Used For Research & Development
The total estimated cost of the Project is shown in Attachment C, Project Budget (Attachment
C) which is attached to and made a part of this Agreement.
A. If the Local Government will perform any work under this Agreement for which
reimbursement will be provided by or through the State, the Local Government must
complete training. If federal funds are being used, the training must be completed before
federal spending authority is obligated. Training is complete when at least one individual
who is working actively and directly on the Project successfully completes and receives
a certificate for the course entitled "Local Government Project Procedures and
Qualification for the Texas Department of Transportation" and retains qualification in
accordance with applicable TxDOT procedures. Upon request, the Local Government
shall provide the certificate of qualification to the State. The individual who receives the
training certificate may be an employee of the Local Government or an employee of a
firm that has been contracted by the Local Government to perform oversight of the
Project. The State in its discretion may deny reimbursement if the Local Government
has not continuously designated in writing a qualified individual to work actively on or to
directly oversee the Project.
B. The expected cash contributions from the federal government, the State, the Local
Government, or other parties are shown in Attachment C. The State will pay for only
those Project costs that have been approved by the Texas Transportation Commission.
For projects with federal funds, the State and the federal government will not reimburse
the Local Government for any work performed before the federal spending authority is
formally obligated to the Project by the Federal Highway Administration (FHWA). After
federal funds have been obligated, the State will send to the Local Government a copy
of the formal documentation showing the obligation of funds including federal award
information. The Local Government is responsible for 100% of the cost of any work
performed under its direction or control before the federal spending authority is formally
obligated.
C. Attachment C shows, by major cost categories, the cost estimates and the party
responsible for performing the work for each category. These categories may include
but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of
environmental assessment and remediation; (4) cost of preliminary engineering and
design; (5) cost of construction and construction management; and (6) any other local
project costs.
D. The State will be responsible for securing the federal and State share of the funding
required for the development and construction of the local Project. If the Local
Government is due funds for expenses incurred, these funds will be reimbursed to the
Local Government on a cost basis.
E. The Local Government will be responsible for all non-federal or non -State participation
costs associated with the Project, unless otherwise provided for in this Agreement or
approved otherwise in an amendment to this Agreement. For items of work subject to
specified percentage funding, the Local Government shall only in those instances be
responsible for all Project costs that are greater than the maximum State and federal
participation specified in Attachment C and for overruns in excess of the amount
specified in Attachment C to be paid by the Local Government.
Page 3 of 15
AFA Long Gen Rev 07/17/2019
DocuSign Envelope ID: FE1 FE7B6-9E16-4298-A6A3-OAA2018AA3AA
TxDOT:
CSJ #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
Development
Limits
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
I CFDA No. 1 20.205 1
CFDA Title I Highway Planning and Construction
AFA Not Used For Research & Development
F. The budget in Attachment C will clearly state all items subject to fixed price funding,
specified percentage funding, and the periodic payment schedule, when periodic
payments have been approved by the State.
G. When the Local Government bears the responsibility for paying cost overruns, the Local
Government shall make payment to the State within thirty (30) days from the receipt of
the State's written notification of additional funds being due.
H. When fixed price funding is used, the Local Government is responsible forthe fixed price
amount specified in Attachment C. Fixed prices are not subject to adjustment unless (1)
differing site conditions are encountered; (2) further definition of the Local Governments
requested scope of work identifies greatly differing costs from those estimated; (3) work
requested by the Local Government is determined to be ineligible for federal
participation; or (4) the adjustment is mutually agreed to by the State and the Local
Government.
I. Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment C. Ata minimum,
this amount shall equal the Local Government's funding share forthe estimated cost of
preliminary engineering performed or reviewed by the State forthe Project. At least sixty
(60) days prior to the date set for receipt of the construction bids, the Local Government
shall remit its remaining financial share for the State's estimated construction oversight
and construction cost.
J. The State will not execute the contractforthe construction of the Project until the required
funding has been made available by the Local Government in accordance with this
Agreement.
K. Whenever funds are paid by the Local Government to the State under this Agreement,
the Local Government shall remit a check or warrant made payable to the "Texas
Department of Transportation" or may use the State's Automated Clearing House (ACH)
system for electronic transfer of funds in accordance with instructions provided by
TxDOT's Finance Division. The funds shall be deposited and managed by the State and
may only be applied by the State to the Project.
L. The State will not pay interest on any funds provided by the Local Government.
M. If a waiver forthe collection of indirect costs for aservice project has been granted under
43 TAC §15.56, the State will not charge the Local Government forthe indirect costs the
State incurs on the Project, unless this Agreement is terminated at the request of the
Local Government prior to completion of the Project.
N. If the Local Government is an Economically Disadvantaged County (EDC) and if the
State has approved adjustments to the standard financing arrangement, this Agreement
reflects those adjustments.
O. Where the Local Government is authorized to perform services under this Agreement
and be reimbursed by the State, the Local Government is authorized to submit requests
for reimbursement by submitting the original of an itemized invoice, in a form and
containing all items required by the State, no more frequently than monthly and no later
than ninety (90) days after costs are incurred. If the Local Government submits invoices
more than ninety (90) days after the costs are incurred and if federal funding is reduced
as a result, the State shall have no responsibility to reimburse the Local Government for
those costs.
Page 4 of 15
AFA Long Gen Rev 07/17/2019
DocuSign Envelope ID: FE1 FE7B6-9E164298-MAMAA2018AAMA
TxDOT:
CSJ #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
Development
Limits
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
I CFDA No. 1 20.205 1
I CFDA Title I Highway Planning and Construction I
AFA Not Used For Research & Development
P. Upon completion of the Project, the State will perform a final accounting of the Project
costsforall items ofworkwith specified percentage funding. Anyfunds due bythe Local
Government, the State, or the federal government for these work items will be promptly
paid by the owing party.
Q. 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.
R. Payment under this Agreement beyond the end of the currentfiscal biennium is subject
to availability of appropriated funds. If funds are not appropriated, this Agreement shall
be terminated immediately with no liability to either party.
5. Termination of This Agreement
This Agreement shall remain in effect until the Project is completed and accepted by all parties,
unless:
A. The Agreement is terminated in writing with the mutual consent of the parties;
B. The Agreement is terminated by one party because of a breach, in which case any costs
incurred because of the breach shall be paid by the breaching party;
C. The Local Government elects not to provide funding after the completion of preliminary
engineering, specifications, and estimates (PS&E) and the Project does not proceed
because of insufficient funds, in which case the Local Government agrees to reimburse
the State for its reasonable actual costs incurred during the Project; or
D. The Agreement is terminated by the State because the parties are not able to execute a
mutually agreeable amendment when the costs for Local Government requested items
increase significantly due to differing site conditions, determination that Local
government requested work is ineligible for federal or state cost participation, or a more
thorough definition of the Local Government's proposed work scope identifies greatly
differing costs from those estimated. The State will reimburse Local Government
remaining funds to the Local Government within ninety (90) days of termination; or
E. The Project is inactive for thirty-six (36) consecutive months or longer and no
expenditures have been charged against federal funds, in which case the State may in
its discretion terminate this Agreement.
6. Amendments
Amendments to this Agreement due to changes in the character of the work, terms of the
Agreement, or responsibilities of the parties relating to the Project may be enacted through a
mutually agreed upon, written amendment.
7. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any agreement
default, but all remedies existing at law and in equity may be availed of by either party to this
Agreement and shall be cumulative.
Page 5 of 15
AFA Long Gen Rev 07/17/2019
DocuSign Envelope ID: FE1 FE7B6-9E164298-MAMAA2018AAMA
TxDOT:
CSJ #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
Development
Limits
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
I CFDA No. 1 20.205 1
CFDA Title I Highway Planning and Construction
AFA Not Used For Research & Development
8. Utilities
The party named in Article 1, Responsible Parties, under AGREEMENT shall be responsible for
the adjustment, removal, or relocation of utility facilities in accordance with applicable state laws,
regulations, rules, policies, and procedures, including any cost to the State of a delay resulting
from the Local Government's failure to ensure that utility facilities are adjusted, removed, or
relocated before the scheduled beginning of construction. The Local Government will not be
reimbursed with federal or State funds for the cost of required utility work. The Local
Government must obtain advance approval for any variance from established procedures.
Before a construction contract is let, the Local Governmentshall provide, at the State's request,
a certification stating that the Local Govern ment has completed the adjustment of all utilities that
must be adjusted before construction is commenced.
9. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental Policy Act
and the National Historic Preservation Act of 1966, which require environmental clearance of
federal -aid projects. The party named in Article 1, Responsible Parties, under AGREEMENT is
responsible forthe following:
A. The identification and assessment of any environmental problems associated with the
development of a local project governed by this Agreement.
B. The cost of any environmental problem's mitigation and remediation.
C. Providing any public meetings or public hearings required for the environmental
assessment process. Public hearings will not be held prior to the approval of the Project
schematic.
D. The preparation of the NEPA documents required forthe environmental clearance of this
Project.
If the Local Government is responsible for the environmental assessment and mitigation, before
the advertisement for bids, the Local Government shall provide to the State written
documentation from the appropriate regulatory agency or agencies that all environmental
clearances have been obtained.
10. Compliance with Accessibility Standards
All parties to this Agreement shall ensure that the plans for and the construction of all projects
subject to this Agreement are in compliance with standards issued or approved by the Texas
Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum
accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA).
11. Architectural and Engineering Services
The party named in Article 1, Responsible Parties, under AGREEMENT has responsibility for
the performance of architectural and engineering services. The engineering plans shall be
developed in accordance with the applicable State's Standard Specifications for Construction
and Maintenance of Highways, Streets and Bridges and the special specifications and special
provisions related to it. For projects on the State highway system, the design shall, at a minimum
conform to applicable State manuals. For projects not on the State highway system, the design
Page 6 of 15
AFA Long Gen Rev 07/17/2019
DocuSign Envelope ID: FE1 FE7B6-9E16-4298-MAMAA2018AAMA
TxDOT:
CSJ #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
Development
Limits
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
I CFDA No. 1 20.205 1
CFDA Title I Highway Planning and Construction
AFA Not Used For Research & Development
shall, at a minimum, conform to applicable American Association of State Highway and
Transportation Officials (AASHTO) design standards.
In procuring professional services, the parties to this Agreement must comply with federal
requirements cited in 23 CFR Part 172 if the Project is federally funded and with Texas
Government Code 2254, SubchapterA, in all cases. Professional contracts for federally funded
projects must conform to federal requirements, specifically including the provision for
participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters.
If the Local Government is the responsible party, the Local Government shall submit its
procurement selection process for prior approval by the State. All professional services
contracts must be reviewed and approved by the State prior to execution by the Local
Government.
12. Construction Responsibilities
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the
following:
A. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and
award and administer the contract for construction of the Project. Administration of the
contract includes the responsibility for construction engineering and for issuance of any
change orders, supplemental agreements, amendments, or additional work orders that
may become necessary subsequent to the award of the construction contract. In order
to ensure federal funding eligibility, projects must be authorized by the State prior to
advertising for construction.
B. If the State is the responsible party, the State will use its approved contract letting and
award procedures to let and award the construction contract.
C. If the Local Government is the responsible party, the Local Government shall submit its
contract letting and award procedures to the State for review and approval priorto letting.
D. If the Local Government is the responsible party, the State must concur with the low
bidder selection before the Local Government can enter into a contract with the vendor.
E. If the Local Government is the responsible party, the State must review and approve
change orders.
F. Upon completion of the Project, the party responsible for constructing the Project will
issue and sign a "Notification of Completion" acknowledging the Project's construction
completion and submit certification(s) sealed by a professional engineer(s) licensed in
the State of Texas.
G. For federally funded contracts, the parties to this Agreement will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23
CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract
bidding documents. If force account work will be performed, a finding of cost
effectiveness shall be made in compliance with 23 CFR 635, Subpart B.
13. Project Maintenance
Project maintenance shall be undertaken as provided by the existing Landscaping Maintenance
Agreement with the Local Government.
Page 7 of 15
AFA Long Gen Rev 07/17/2019
DocuSign Envelope ID: FE1 FE7B6-9E16-4298-MAMAA2018AAMA
TxDOT:
CSJ #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
Development
Limits
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
I CFDA No. 1 20.205 1
CFDA Title I Highway Planning and Construction
AFA Not Used For Research & Development
14. Right of Way and Real Property
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the
provision and acquisition of any needed right of way or real property.
15. Insurance
If this Agreement authorizes the Local Government 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 forall
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 shall cease immediately, and the State may recover damages and all costs of completing
the work.
16. Notices
All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage
prepaid, addressed to that party at the following address:
Local Government:
City of Denton
ATTN: City Manager
215 E, McKinney St.
Denton, Texas 76201
State:
Texas Department of Transportation
ATTN: Director of Contract Services
125 E. 11 th Street
Austin, TX 78701
All notices shall be deemed given on the date delivered in person or deposited in the mail, unless
otherwise provided by this Agreement. Either party may change the above address by sending
written notice of the change to the other party. Either party may request in writing that notices
shall be delivered personally or by certified U.S. mail, and that request shall be carried out by
the other party.
17. Legal Construction
If one or more of the provisions contained in this Agreement shall for any reason be held invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provisions and this Agreement shall be construed as if it did not contain the
invalid, illegal, or unenforceable provision.
18. Responsibilities of the Parties
The State and the Local Government 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.
19. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the State shall
remain the property of the State. All data and information prepared under this Agreement shall
be made available to the State without restriction or limitation on theirfurtheruse. All documents
produced or approved or otherwise created by the Local Government shall be transmitted to the
Page 8 of 15
AFA Long Gen Rev 07/17/2019
DocuSign Envelope ID: FE1 FE7B6-9E164298-MAMAA2018AAMA
TxDOT:
CSJ #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
Development
Limits
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
I CFDA No. 1 20.205 1
CFDA Title I Highway Planning and Construction
AFA Not Used For Research & Development
State, in the format directed by the State, on a monthly basis or as required by the State. The
originals shall remain the property of the Local Government. .
20. Compliance with Laws
The parties to this Agreement shall comply with all federal, state, and local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any courts or administrative
bodies or tribunals in any manner affecting the performance of this Agreement. When required,
the Local Government shall furnish the State with satisfactory proof of this compliance.
21. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and supersedes
any prior understandings or written or oral agreements respecting the Agreement's subject
matter.
22. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the cost principles
established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and
allocable to the Project.
23. Procurement and Property Management Standards
The parties to this Agreement shall adhere to the procurement and property management
standards established in 2 CFR200, UniformAdministrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management
Standards. The State must pre -approve the Local Government's procurement procedures for
purchases to be eligible for state or federal funds.
24. Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers, accounting records,
and other documentation relating to costs incurred under this Agreement and shall make such
materials available to the State, the Local Government, and, if federally funded, the FHWA and
the U.S. Office of the Inspector General or their duly authorized representatives for review and
inspection at its office during the Agreement period and for seven (7) years from the date of final
reimbursement by FHWA under this Agreement or until any impending litigation or claims are
resolved. Additionally, the State, the Local Government, and the FHWA and their duly
authorized representatives shall have access to all the governmental records that are directly
applicable to this Agreement for the purpose of making audits, examinations, excerpts, and
transcriptions.
25. Civil Rights Compliance
The parties to this Agreement are responsible for the following:
A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be
amended from time to time, which are herein incorporated by reference and made part
of this Agreement.
Page 9 of 15
AFA Long Gen Rev 07/17/2019
DocuSign Envelope ID: FE1 FE7B6-9E164298-MAMAA2018AAMA
TxDOT:
CSJ #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
Development
Limits
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
I CFDA No. 1 20.205 1
CFDA Title I Highway Planning and Construction
AFA Not Used For Research & Development
B. Nondiscrimination: The Local Government, with regard to the work performed by it during
the Agreement, will not discriminate on the grounds of race, color, or national origin in
the selection and retention of subcontractors, including procurement of materials and
leases of equipment. The Local Government will not participate directly or indirectly in
the discrimination prohibited by the Acts and the Regulations, including employment
practices when the Agreement covers any activity, project, or program set forth in
Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts. Including Procurement of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the Local Government
for work to be performed under a subcontract, including procurement of materials or
leases of equipment, each potential subcontractor orsupplierwill be notified bythe Local
Government of the Local Government's obligations under this Agreement and the Acts
and Regulations relative to Nondiscrimination on the grounds of race, color, or national
origin.
D. Information and Reports: The Local Government will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto, and will
permit access to its books, records, accounts, other sources of information, and facilities
as may be determined by the State or the FHWA to be pertinent to ascertain compliance
with such Acts, Regulations or directives. Where any information required of the Local
Government is in the exclusive possession of anotherwho fails or refuses to furnish this
information, the Local Government will so certify to the State or the FHWA, as
appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance
with the Nondiscrimination provisions of this Agreement, the State will impose such
contract sanctions as it or the FHWA may determine to be appropriate, including, but not
limited to:
1. withholding of payments to the Local Government under the Agreement until the
Local Government complies and/or
2. cancelling, terminating, or suspending of the Agreement, in whole or in part.
F. Incorporation of Provisions: The Local Government will include the provisions of
paragraphs (A) through (F) in every subcontract, including procurementof materials and
leases of equipment, unless exempt by the Acts, the Regulations and directives issued
pursuant thereto. The Local Government will take such action with respect to any
subcontract or procurement as the State or the FHWA may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided, that if the
Local Government becomes involved in, or is threatened with, litigation with a
subcontractor or supplier because of such direction, the Local Government may request
the State to enter into such litigation to protect the interests of the State. In addition, the
Local Government may request the United States to enter into such litigation to protect
the interests of the United States.
26. Pertinent Non -Discrimination Authorities
During the performance of this Agreement, each party, for itself, its assignees, and successors
in interest agree to comply with the following nondiscrimination statutes and authorities;
including but not limited to:
Page 10 of 15
AFA Long Gen Rev 07/17/2019
DocuSign Envelope ID: FE1 FE7B6-9E164298-MAMAA2018AAMA
TxDOT:
CSJ #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
Development
Limits
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
I CFDA No. 1 20.205 1
CFDA Title I Highway Planning and Construction
AFA Not Used For Research & Development
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro-
hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of federal or federal -aid programs and projects).
C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits
discrimination on the basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27.
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color, national origin, or
sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadenedthe scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
the terms "programs or activities" to include all of the programs or activities of the federal -
aid recipients, subrecipients and contractors, whether such programs or activities are
federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on
the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R.
parts 37 and 38.
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures nondiscrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, the parties must take reasonable steps to ensure that LEP persons have
meaningful access to the programs (70 Fed. Reg. at 74087 to 74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties
from discriminating because of sex in education programs or activities (20 U.S.C. 1681
et seq.).
27. Disadvantaged Business Enterprise (DBE) Program Requirements
If federal funds are used:
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
Page 11 of 15
AFA Long Gen Rev 07/17/2019
DocuSign Envelope ID: FE1 FE7B6-9E164298-MAMAA2018AAMA
TxDOT:
CSJ #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
Development
Limits
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
I CFDA No. 1 20.205 1
CFDA Title I Highway Planning and Construction
AFA Not Used For Research & Development
B. The Local Government shall adopt, in its totality, the State's federally approved DBE
program.
C. The Local Government shall incorporate into its contracts with subproviders an
appropriate DBE goal consistent with the State's DBE guidelines and in consideration of
the local market, project size, and nature of the goods or services to be acquired. The
Local Government shall submit its proposed scope of services and quantity estimates to
the State to allow the State to establish a DBE goal for each Local Government contract
with a subprovider. The Local Government shall be responsible for documenting its
actions.
D. The Local Government shall follow all other parts of the State's DBE program referenced
in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the
Texas Department of Transportation's Federally -Approved Disadvantaged Business
Enterprise by Entity, and attachments found at web address
http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf.
E. The Local Government shall not discriminate on the basis of race, color, national origin,
or sex in the award and performance of any U.S. Department of Transportation (DOT) -
assisted contract or in the administration of its DBE program or the requirements of 49
CFR Part 26. The Local Government shall take all necessary and reasonable steps
under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -
assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as
approved by DOT, is incorporated by reference in this Agreement. Implementation of
this program is a legal obligation and failure to carry out its terms shall be treated as a
violation of this Agreement. Upon notification to the Local Government of its failure to
carry out its approved program, the State may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under
18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
F. Each contract the Local Government signs with a contractor (and each subcontract the
prime contractor signs with a sub -contractor) must include the following assurance: The
contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall
carry out applicable requirements of 49 CFR Part 26 in the award and administration of
DOT -assisted contracts. Failure by the contractor to carry out these requirements is a
material breach of this Agreement, which may result in the termination of this Agreement
or such other remedy as the recipient deems appropriate.
28. Debarment Certifications
If federal funds are used, 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, "Debarmentand Suspension." By
executing this Agreement, the Local Government certifies that it and its principals are not
currently debarred, suspended, or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549 and further certifies that it will not
do business with any party, to include principals, that is currently debarred, suspended, or
otherwise excluded from or ineligible for participation in Federal Assistance Programs under
Page 12 of 15
AFA Long Gen Rev 07/17/2019
DocuSign Envelope ID: FE1 FE7B6-9E164298-MAMAA2018AAMA
TxDOT:
CSJ #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
Development
Limits
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
I CFDA No. 1 20.205 1
CFDA Title I Highway Planning and Construction
AFA Not Used For Research & Development
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.
If state funds are used, the parties are prohibited from making any award to any party that is
debarred under the Texas Administrative Code, Title 34, Part 1, Chapter20, Subchapter G, Rule
§20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G.
29. Lobbying Certification
If federal funds are used, in executing this Agreement, each signatory certifiesto the best of that
signatory's knowledge and belief, that:
A. No federal appropriated funds have been paid orwill be paid byor 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 of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with federal contracts, grants, loans, or cooperative
agreements, the signatory for the Local Government shall complete and submit the
Federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
C. The parties shall require that the language of this certification shall be included in the
award documents for all sub -awards at all tiers (including subcontracts, subgrants, 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 Title 31 U.S.C. §1352. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 foreach such failure.
30. Federal Funding Accountability and Transparency Act Requirements
If federal funds are used, the following requirements apply:
A. Any recipient of funds underthis Agreement agrees to comply with the Federal Funding
Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR
Part 170, including Appendix A. This Agreement is subject to the following award terms:
http://www.gpo.gov/fdsys/pka/FR-2010-09-14/pdf/2010-22705.pd and
http://www.qpo.gov/fdsys/pkci/FR-2010-09-14/pdf/2010-227Q6.pdf.
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM) number
(Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more
than $25,000 in federal funding. The SAM number may be obtained by visiting the
SAM website whose address is: https://www.sam.gov/portal/public/SAM/
Page 13 of 15
AFA Long Gen Rev 07/17/2019
DocuSign Envelope ID: FE1 FE7B6-9E164298-MAMAA2018AAMA
TxDOT:
CSJ #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
Development
Limits
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
I CFDA No. 1 20.205 1
CFDA Title I Highway Planning and Construction
AFA Not Used For Research & Development
2. Obtain and provide to the State a Data Universal Numbering System (DUNS)
number, a unique nine -character number that allows federal government to track the
distribution of federal money. The DUNS may be requested free of charge for all
businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-
line registration website http://fedciov.dnb.com/webform; and
3. Report the total compensation and names of its top five executives to the State if:
i. More than 80% of annual gross revenues are from the federal government, and
those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the
U.S. Securities and Exchange Commission.
31. Single Audit Report
If federal funds are used:
A. The parties shall comply with the single audit report requirements stipulated in 2 CFR
200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards.
B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local
Government must submit a Single Audit Report and Management Letter (if applicable)
to TxDOT's Compliance Division, 125 East 11 th Street, Austin, TX 78701 or contact
TxDOT's Compliance Division by email at sing leaudits(a_txdot.gov.
C. If expenditures are less than the threshold during the Local Government's fiscal year,
the Local Government must submit a statement to TxDOT's Compliance Division as
follows: "We did not meet the $ expenditure threshold and therefore, are not
required to have a single audit performed for FY "
D. For each year the Project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above. The
required annual filing shall extend throughout the life of the Agreement, unless otherwise
amended or the Project has been formally closed out and no charges have been incurred
within the current fiscal year.
32. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this Agreement
on behalf of the entity represented.
Page 14 of 15
AFA Long Gen Rev 07/17/2019
DocuSign Envelope ID: FE1FE7B6-9E16-4298-A6A3-OAA2018AA3AA
TxDOT:
CSJ #
District #
Code Chart 64 #
Project Name
Limits
2681-01-026
18 -Dallas
11400
FM 2499 Landscaping
Development
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
CFDA No. 20.205
CFDA Title Highway Planning and Construction
AFA Not Used For Research & Development
Each party is signing this Agreement on the date stated under that party's signature.
THE STATE OF TEXAS
DocuSigned by:
By: L
t In " Sft,wa.vf
"T'eenneth Stewart
Director of Contract Services
Texas Department of Transportation
Date: 5/14/2021
THE LOCAL GOVERNMENT
DocuSigned by:
R��• I 'an.� iica.�cy
Sara Hensley
Interim City Manager
City of Denton
Date: 5/13/2021
Page 15 of 15
AFA Long Gen Rev 07/17/2019
DocuSign Envelope ID: FE1FE7B6-9E16-4298-A6A3-OAA2018AA3AA
TxDOT:
C SJ #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
Development
Limits
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
CFDA No. 20.205
CFDA Title Highway Planning and Construction
AFA Not Used For Research & Development
ATTACHMENT A
RESOLUTION
Page 1 of 1
AFA Long Gen Attachment A
DocuSign Envelope ID: FE1 FE7B6-9E16-4298-MAMAA2018AAMA
TxDOT:
CSJ #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
Development
Limits
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
CFDA No. 20.205
CFDA Title Highway Planning and Construction
AFA Not Used For Research & Development
ATTACHMENT B
LOCATION MAP SHOWING PROJECT
Frolect Limft f
Hj5E j
I 1
I rm 21gi M!!Iey tam
F#ef ac[ Llmltj �
CRY OF DENTON, TEXAS
FUNDING SOURCE: GREEN RIBBON PROGRAM FY2021
PROJECT DESCRIPTION: LANDSCAPE ENHANCEIVIENTS AND
IMPROVEMENTS TO INCLUDE TREES, SHRUBS, GROUNDCOVERS AND
IRRIGATION
PROJECT LIMITS:
ON FM 2499
BEGINNING AT FM 2181 (TEASLEY LANE)
ENDING AT IH 35E
Page 1 of 1
AFA LongGen Attachment B
DocuSign Envelope ID: FE1FE7B6-9E16-4298-A6A3-OAA2018AA3AA
TxDOT:
TOTAL
ESTIMATED
COST
C SJ #
2681-01-026
District #
18 -Dallas
Code Chart 64 #
11400
Project Name
FM 2499 Landscaping
80%
Development
Limits
FM 2499 from FM 2181 to IH 35E
Federal Highway Administration:
CFDA No. 20.205
CFDA Title Highway Planning and Construction
AFA Not Used For Research & Development
ATTACHMENT C
PROJECT BUDGET
Construction cost allocation for the Green Ribbon Project will be based on 80% Federal funding
and 20% State funding until the Federal and State funding reaches the maximum obligated
amount. Direct state costs for construction will be based on 100% State funding. The Local
Government will then be responsible for 100% of Project cost and overruns.
DESCRIPTION
TOTAL
ESTIMATED
COST
FEDERAL
PARTICIPATION
STATE
PARTICIPATION
LOCAL
PARTICIPATION
% Cost
77%71 Cost
Cost
Construction (by Local) -2681-01-026
$773,666.00
80%
$618,932.00
20%
$154,733.00
0%
$0
CNST Management (by
Local)(5%
$38,682.30
0%
$0
100%
$38,683.30
0%
$0
Subtotal
$812,348.30
$618,932.00
$193,416.30
$0
Direct State Cost — Env
$10,154.36
0%
$0
100%
$10,154.36
0%
$0
Direct State Cost — Enq.
$10,154.37
0%
$0
100%
$10,154.37
0%
$0
Direct State Cost — ROW
$10,154.37
0%
$0
100%
$10,154.37
0%
$0
Direct State Cost — UTL
$10,154.37
0%
$0
100%
$10,154.37
0%
$0
Direct State Cost — CNST
$40,617.47
0%
$0
100%
$40,617.47
0%
$0
Subtotal
$81,234.93
$0
$81,234.93
$0
Indirect State Cost -4.52%
$36,718.19
0%
$0
100%
$36,718.19
$0
TOTAL
$930,301.42
$618,932.00
$311,369.42
$0
Initial Payment by the Local Government to the State: $0.00
Payment by the Local Government to the State before Construction: $0.00
Estimated total payment by the Local Government to the State: $0.00
This is an estimate. The final amount of Local Government participation will be based on actual costs.
Maximum Federal funds available for reimbursement = $618,932.00
Page 1 of 1
AFA LongGen Attachment B