ST9902-CS110831 Texas Department of Transportation
DEWITT C. GREER STATE HIGHWAY BLDG. • 125 E. 11TH STREET • AUSTIN, TEXAS 78701 -2483 • (512) 463 -8585
August 31, 2011
The Honorable Mayor Douglas Stover
Mayor
City of Coppell
255 Parkway Blvd yV) h e
PO Box 9478
Coppell, TX 75019 -0022
40
Re: Notification of additional Federal provisions
For Standard and Bridge Advance Funding Agreements
CSJ Project Description
0918 -45 -773 Development and construction for the widening of Sandy Lane Road from N
Coppell Rd to S Copell Rd to a 4 lane divided roadway
Dear Local Government:
The above referenced contract contains various federally required provisions. Some of these
provisions have evolved over the years, and all parties are required to comply with currently
applicable requirements.
Below you will find a summary of some of the current requirements that apply to you and the
State.
SUMMARY OF NEW AND CHANGED REQUIREMENTS:
Code of Federal Domestic Assistance Information
The Federal Highway Administration is the awarding agency for your contract and your CFDA
number is 20.205.
Federal award name and number
This information will appear on the Federal obligation document. If you do not have a copy of
this letter, your local district office of TxDOT can assist you in obtaining one.
Research and Development
This agreement does not involve Research and Development.
Civil Rights Compliance
You must comply with the regulations of the U.S Department of Transportation relating to
nondiscrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled
"Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in
the Department of Labor Regulations (41 CFR Part 60).
THE TEXAS PLAN
REDUCE CONGESTION • ENHANCE SAFETY • EXPAND ECONOMIC OPPORTUNITY • IMPROVE AIR QUALITY
PRESERVE THE VALUE OF TRANSPORTATION ASSETS
An Equal Opportunity Employer
Debarment Certification
You 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 signing this agreement, you certify
that you are not currently debarred, suspended, or otherwise excluded from or ineligible for
participation in Federal Assistance Programs under Executive Order 12549 and further certify
that you 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. Lastly, you must require any party to a subcontract or purchase order awarded
under this contract to certify its eligibility to receive federal funds and furnish a copy of the
certification to the State when requested.
Disadvantaged Business Enterprise (DBE)
You must follow all DBE requirements established in 49 CFR Part 26. Specific language must
be included in all agreements that states that Local Governments must adopt TxDOT's federally
approved DBE program.
You, the local Government, must set an appropriate DBE goal consistent with the State's DBE
guidelines and considering the local market, project size, and nature of the good or services to
be acquired. You have final decision - making authority regarding the DBE goal and shall be
responsible for its actions. You must 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 : / /txdot.gov /business/business outreach/mou.htm.
You may 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. You must 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 your agreement.
Implementation of the DBE program is a legal obligation and failure to carry out its terms is a
violation of this agreement. Once you have been put on notice that you have failed to carry out
the State's approved program, the State may impose sanctions as provided for under 49 CFR
Part 26 and may 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.).
Each contract you sign 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.
Federal Funding Accountability and Transparency Act (FFATA) Requirements
If your contract passes federal funding to you and the funding is obligated on or after
10/01/2010, you must follow FFATA requirements.
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The recipient of funds agrees to comply with the FFATA and implementing regulations at 2 CFR
Part 170, including Appendix A. For sub - awards greater than $25,000, you agree to obtain a
CCR Number pursuant to Federal Acquisition Regulation, Part 4, Sub -part 4.1100. For all sub -
awards, you must obtain and provide to the State a Data Universal Numbering System (DUNS)
number, a number that allows the federal government to track the distribution of federal money.
You must also report the total compensation and names of your top five (5) executives to the
State and federal government if certain conditions are met.
Single Audit Report
You must 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 OMB Circular A -133.
If threshold expenditures of $500,000 or more are met during your fiscal year, you must submit
a Single Audit Report and Management Letter to TxDOT's Audit Office, 125 East 11th Street,
Austin, TX 78701 or contact TxDOT's Audit Office at http: / /www.txdot.gov /contact us /audit.htm.
If expenditures are less than $500,000 during your fiscal year, you must submit a statement to
TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and
therefore, are not required to have a single audit performed for FY
For each year the project remains open for federal funding expenditures, you should file this
report. The required annual filing extends throughout the life of the agreement, unless
otherwise amended or the project has been formally closed out and no charges have been
incurred within the current fiscal year.
If you have any questions about this letter or your contract with the State, please do not hesitate
to contact me at 512/374 -5120.
Sincerely,
( 1$% , 4e- t/ /$M
Janice Mullenix
Director of Contract Services
SS
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