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HomeMy WebLinkAbout1998-416P \emree\L<De\WL\our o mmca\o inencee\se\MPPIc aoc ORDINANCE NO119 70 _ `t i AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING AND INSTALLING OF TRAFFIC SIGNALS BY A MUNICIPALITY PER MINUTE ORDER 102542, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a Congestion Mitigation and Au Quality Improvements Agreement between the City of Denton and the Texas Department of Transportation for the furnishing and installing of traffic signals by a municipality per Minute Order 102542 and the City is authorized to participate in the development and construction of the project as set forth in the Agreement, a copy of which is attached hereto and incorporated by reference herein SECTION H That the City Council hereby authorizes the expenditure of funds as provided in the Agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval ���/// PASSED AND APPROVED this the � day of 1998 ,ic.Q . JAC LER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY .t.4 APP VEtATO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY &Z 3< t0-t8-00: 3:9BPM: ;97: 320 629� CSI: 0918-46- Contract No.: I a qM 8010 STATE OF TEXAS § COUNTY OF TRAVIS § CONGESTION MITIGATION AND AIR QUALITY DIPROVEMENT AGREEMENT FOR THE FURNISHING AND INSTALLING OF TRAFFIC SIGNALS BY A MUNICIPALITY THIS AGREEMENT, is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State," and the City of Denton Denton County, Texas, hereinafter called the "City,' acting by and through its duly authorized officers. WHEREAS, the Imermodal Surface Transportation Efficiency Act of 1991 ("ISTEA"), codified under Title 23 U.S.C. Section 101 est. seq., establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the State8 Transportation Agencies; and WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning Organizations ('%TOs") and the States' Transportation Agencies develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the Project has been designated as a federal -aid project and thus this Agreement shall he made in accordance with Federal ffighway Administration (FHWA) procedures and regulations; and CMAQ:FED 1 of 13 6-98 CITY FORCES 100% Dallas Distric(MOD) WHEREAS, the State is empowered under existing laws to operate and maintain a system of highways and roadways for public use and benefit, and WHEREAS, the City has offered to participate in the development and construction of the Project as defined elsewhere in this Agreement, and WHEREAS, on this { day of QDA!eM 12 f , 19.6)th , the City Council passedasnh*@WOrdinance No `?0 —ZIA& attached hereto and identified as Exhibit "D," authorizing the City's participation in the development and construction of the Project, and WHEREAS, Title 23 U S C Section 120 establishes the Federal share of funding for CMAQ programs involving the procurement and installation of traffic signals as defined elsewhere in this Agreement, and WHEREAS, the City has requested the State to reumburse the Federal allowable percentage of the cost of installing traffic signals and other items directly related to the operation of an intersection at the locations established herein, hereinafter called the "Project," and WHEREAS, the State will secure the federal cost share, and reimburse the City for their appropriate cost associated with the Project as defined elsewhere in this Agreement, and WHEREAS, on the 29th day of July , 19__D_, the Texas Transportation Commission passed Minute Order 102542 authorizing the Project through the State Transportation Improvement Program, and WHEREAS, the State and the City are authorized under Article 6673b, V T C S to enter into this Agreement for the purposes defined herein, NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows CMAQ FED 2 of 13 6-98 CITY FORCES 100% Dallas Distnc(MOD) ARTICLE 1 CONTRACT PERIOD This Agreement becomes effective on final execution by the State and shall remain in effect as long as said traffic signal(s) is/are in operation at the described location(s) and the signal project is incomplete, or unless otherwise temnnated or modified as hereinafter provided ARTICLE 2. WARRANTING DATA The City will be responsible for collecting and preparing the required warranting and justification data for each signalized intersection The data will be furnished to the State in a format approved by the State Only those intersections that are warranted and approved by the State will be eligible for signahzation under this agreement ARTICLE 3. INTERSECTION LOCATIONS A. All State -approved intersections which are included as part of the "On State highway System" will be acknowledged in Exhibit "A," attached hereto and made a part of this Agreement B. All State -approved intersections which are "Off State Highway System" will be acknowledged in Exhibit `B," attached hereto and made a part of this Agreement ARTICLE 4. CONSTRUCTION RESPONSIBILITIES A. The plans associated with the construction of the traffic signals will be developed by the City, unless noted otherwise in paragraph "C" below The construction plans, which will require final approval by the State, shall be prepared in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices (TMUTCD) B. The City will construct the Project with City forces in accordance with the plans and the TMUTCD Any variations will be noted in paragraph "C" below C. Variations ARTICLE 5. INSPECTION OF WORK A. The State will make suitable, frequent, and complete inspection of materials and equipment, and the work of installation sufficient to determine and permit certification that the CMAQ FED 3 of 13 6-98 CITY FORCES 100% Dallas Distnc(MOD) Project and its components meet all applicable requirements of the plans and specifications in suitable condition for operation and maintenance by the City after its completion B. The City shall provide opportunities, facilities, and representative samples, as may be required, to enable the State to carry on suitable, frequent, and complete inspection of materials and application methods, sufficient to afford determination and certification by the State that all parts of the installation and the component materials comply with the requirements of the approved plans and specifications The State will promptly notify the city of any failure of materials, equipment, or installation methods, and the City shall take such measures as necessary to obtain acceptable systems components and installation procedures without delay C. The State shall make random inspections of 25% of the work and equipment on this project If it is later determined that any materials not initially inspected by the State did not comply with the requirements of the approved plans and specifications or any application methods were not sufficient at any tune during this contract or after this contract has terminated, the State will promptly notify the City of these items and the City shall take such measures as necessary to obtain acceptable systems components and installation procedures without delay at their own expense ARTICLE 6. PERSONNEL, EQUIPMENT AND MATERIAL The City shall use labor and supervisory personnel employed directly by the City, and use City - owned machinery, equipment, and vehicles necessary for the work In the event that the City does not have the necessary machinery, equipment, and vehicles necessary to perform the work, they will follow applicable federal and state laws, rules, and regulations relating to procurement of goods and services with federal and state funds and accounting for federal and state funds These applicable requirements may include the following (1) Engmeenng and architectural services twist be procured in accordance with 23 CRF 172 and with Texas Government Code 2254 subcbapter A (2) In the event the City awards contracts for construction services or performs work with City forces, the City will conform with 23 CFR 635 and 23 CFR 633, as applicable FHWA Form 1273 shall be included in any contracts awarded for construction The State will review and approve the contract letting and award process of the City prior to the letting of such CMAQ FED 4 of 13 6-98 CITY FORCES 100% Dallas Distnc(MOD) contracts In the event the City performs force account work, the City must comply with 23 CFR 635 Part B, which requires that a finding of cost effectiveness be made ARTICLE 7. COMPENSATION A The maximum total project cost without modification is $ 126,000 A cost estimate of the work authorized for each intersection listed in Exhibits "A" and `B" shall be provided in Exhibit "C," attached hereto and made a part of this Agreement B. The State will remiburse the City the cost of famishing and installing the traffic signal equipment according to the location and manner of construction as shown and described in the plans and specifications The State will reimburse the City for up to $ 93.000 for the allowable costs for the locations described in Exhibit "A " The remauung $ 33,000 will be considered a local contribution The State's direct costs for the State's review and processing for the work completed at the locations described in Exhibit "B" on this agreement shall be $ N/A. This amount is N/A % of the total estimate in Exhibit "C" for the locations listed in Exhibit 'B" The City will be responsible for N/A % of these costs, which should be deduced from their reimbursement of allowable expenses Any indirect costs will be in accordance with the State's Indirect Cost Recovery Plan C The State will reimburse the City for properly supported costs incurred under the terms and conditions of this Agreement Costs incurred prior to the issuance of a written "Work Order" by the State will not be reimbursed except for materials already on hand Rennbursement will be made by the State to the City for labor, equipment use, materials, supplies, travel expenses, and warehouse or material handling charges provided the City has paid from City funds their obligations covering items of costs previously billed D The City shall comply with the cost principles established in OMB Circular A-87, "Cost Principles for State and Local Governments " CMAQ FED 5 of 13 6-98 CITY FORCES 100% Dallas Distnc(MOD) ARTICLE 8. PAYMENTS A The City shall submit the State's Form 132, Billing Statement, or other type of invoice acceptable to the State upon completion and final inspection of the Project (or on a quarterly basis wherever the work and materials provided for and contemplated under this contract have been found by the State, based upon an inspection made by the State to be satisfactorily completed and installed on any individual signalized intersection and/or section of roadway as approved by the State for partial acceptance by letter) for the work and/or equipment which has been accepted by the State B. An original and four (4) copies of the Billing Statement should be submitted to the following address Texas Department of Transportation Attn. Director of Tran portation Operations PO Box 3067 Dallas. TX 75221-3067 C. All billing statements shall be properly documented, summarizing the costs by description of work performed, quantity of materials and devices, unit price, labor costs, and extensions D. The State will [Hake payment to the City within thirty (30) days from receipt of the City's request for payment, provided that the request is properly prepared, executed, and documented E. Unsupported charges or charges after final acceptance by the State will not be considered eligible for reimbursement If applicable or necessary, the State will prepare a final audit upon completion of the work authorized or at any tune an audit is deemed to be in the best interest of the State ARTICLE 9. TERMINATION A This agreement may be terminated by one of the following conditions (1) By mutual agreement and consent of both parties (2) By the State giving written notice to the City as a consequence of failure by the City to satisfactorily perform the services and obligations set forth in this agreement, with proper allowances being made for circumstances beyond the control of the City CMAQ FED 6 of 13 6-98 CITY FORCES 100% Dallas Distnct(MOD) (3) By either party, upon thirty (30) days written notice to the other If the agreement is terminated in accordance with the above provisions, the City will be responsible for the payment of Project costs incurred by the State on behalf of the City up to the time of termination (4) Upon completion of the terms of this agreement B The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred The City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties ARTICLE 10. INDEMNIFICATION The City aolmowledges that it is not an agent, servant, or employee of the State, and that tt is responsible for its own acts and deeds and for those of its agents or employees during the performance of contract work ARTICLE 11. REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the Agreement, and any increased cost ansmg from the City's default, breach of contract, or violation of terns shall be paid by the City This Agreement shall not be considered as spectfying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative ARTICLE 12. DISPUTES The City shall be responsible for the settlement of all contractual and administrative issues ansing out of procurement entered into in support of contract work In the event of a dispute concerning the work performed hereunder the Executive Director of the State shah act as referee, and his decision shall be final and binding CMAQ VED 7 of 13 6-98 CITY FORCES 100% Dallas Distnc(MOD) Any dispute concerning the work performed hereunder, the cost of work performed hereunder, or any non -procurement issue shall be settled in accordance with Title 43, Texas Administrative Code, Section 168, "Contract Claim Procedure " ARTICLE 13. SUBCONTRACTS Any subcontract for services rendered by individuals or organizations not a part of the City% organization shall not be executed without prior authorization and approval of the subcontract by the State and, when federal funds are involved, the U S Department of Transportation Subcontracts in excess of $25,000 shall contain all required provisions of this contract No subcontract will relieve the City of its responsibility under this contract ARTICLE 14. AMENDMENTS Changes in the time frame, character, responsibilities or obligations authorized herein shall be enacted by written amendment Any amendment to this Agreement must be executed by both parties ARTICLE 15. INSURANCE (Mark out the following paragraph that is not applicable) A. Outside Insurance Prior to the City performing any work on this Project, the City shall fimush to the State a completed Certificate of Insurance (Form 20 102, latest version) and shall maintain the insurance in full force and effect as long as this Project lasts B. Self Insured Prior to the City performing any work on this Project, the City shall furnish to the State a completed Certification of Insurance (Form 20 102, latest version) and shall maintain its self- insurance program in full force and effect as long as this Project lasts The State understands that the City is a self insured entity for public liability purposes ARTICLE 16. SUCCESSORS AND ASSIGNS The City shall not assign or otherwise transfer its rights or obligations under this Agreement except with the prior written consent of the State CMAQ.FED 8 of 13 6-98 CITY FORCES 100% Dallas Distric(MOD) ARTICLE 17. INSPECTION OF CITY'S BOOKS AND RECORDS The State shall, for purpose of termination of the agreement prior to completion, examine the books and, records of the City for the purpose of checking the amount of the work performed and/or materials furnished by the City at the tune of contract termination The City shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this contract and shall make such materials available to the State, Federal Highway Administration (FHWA) or its duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of final acceptance of the work defined under this contract, or until pending litigation or audits are completely resolved Additionally, the State, FHWA and its duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions ARTICLE 18. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabihty shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein ARTICLE 19. GOVERNING LAWS AND VENUE This Agreement shall be construed under and in accordance with the laws of the State of Texas Any legal actions regarding the parties' obligations under this Agreement must be filed in Travis County, Texas ARTICLE 20. PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter ARTICLE 21. OMB A-133 AUDIT REQUIREMENTS The City shall comply with the requirements of OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations" and shall promptly fumish the State a copy of each audit report CMAQ FED 9 of 13 6-98 CITY FORCES 100% Dallas Distric(MOD) The City shall be responsible for any funds determined to be ineligible for federal reimbursement, and shall reimburse the State the amount of any such funds previously provided to it by the State ARTICLE 22. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established Title 49 CFR Part 18 36 and the property management standards established in Title 49 CFR Part 18 32 The City shall maintain procurement standards which meet or exceed the requirements, as appropriate, outlined in the Federal Office of Management and Budget Circular A-87, Cost Principles for State and Local Governments ARTICLE 23 COMPLIANCE WITH LAWS The City shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court, administration bodies, or tribunals in any matter affecting the performance of the agreement, including without hmitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws, permits and regulations When required, the City shall furnish the State with satisfactory proof of compliance ARTICLE 24. CIVIL RIGHTS COMPLIANCE During the performance of this contract, the City, for itself, its assignees and successors in interest (hereinafter referred to as the "City"), agrees as follows (1) Compliance with Regulations The City shall comply with the regulations relative to nondiscrimination in Federally assisted programs of the U S Department of Transportation, Title 49, Code of Federal Regulations, Part 21 and Title 23, Code of Federal Regulations, Part 710 405(b), as they may be amended flom time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract (2) Nondiscrimination. The City, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment The City shall not participate by Section 215 and Part 710 405(b) of the Regulations, CMAQ FED 10 of 13 6-98 CITY FORCES 100% Dallas Distnc(MOD) including employment practices when the contract covers a program set forth in Appendix B of the Regulations (3) Solicitations for Subcontracts, Including Procurements 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 procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the City of the City§ obligations under this contract and the Regulations relative to nondiscri mmation on the grounds of race, color, sex, or national origin (4) Information and Reports The City shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Texas Department of Transportation or the U S Department of Transpon ation to be pertinent to ascertain compliance with such Regulations or directives Where any information required of a City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the Texas Department of Transportation or the U S Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information (5) Sanctions for Noncompliance In the event of the City's noncompliance with the nondiscrimination provisions of this contract, the Texas Department of Transportation shall unpose such contract sanctions it or the U S Department of Transportation may determine to be appropriate, including, but not limited to (a) withholding of payments to the City under the contract until the City complies and/or (b) cancellation, termination, or suspension of the contract, in whole or in part (6) Incorporation of Provisions, The City shall mclude the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto The City shall take such action with respect to any subcontract or procurement as the Texas Department of Transportation CMAQ FED 11 of 13 6-98 CITY FORCES 100% Dallas Distnc(MOD) or the U S Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance, provided however that in the event a City becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the City may request the Texas Department of Transportation to enter into such litigation to protect the interests of the State, and, in addition, the City may request the United States to enter into such litigation to protect the interests of the United States ARTICLE 25. EQUAL EMPLOYMENT OPPORTUNITY The City agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60) ARTICLE 26. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFR Part 23, Subpart A, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds Consequently, the Minority Business Enterprise requirement of 49 CFR Part 23, exclusive of Subpart D, apply to this contract as follows (1) The City agrees to insure that Minority Business Enterprises as defined in 49 CFR 23, Subpart A. have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds In this regard, the City shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, exclusive of Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts (2) The City and any Subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or part with Federal funds (3) These requirements shall be physically included in any subcontract (4) Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the Department, may result in termination of the contract by the State or other such remedy as the State deems appropriate CMAQ FED 12 of 13 6-98 CITY FORCES 100% Dallas District(MOD) 10-18-00: 3:46FM: ARTICLE 27. DEBARMENT .972 320 e234 CERTIFICATION (APPLICABLE AGREEMENTS WHICH EXCEED $100,000) C The City is prohibited from making any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The City shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and Suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of thin Aor .ment City Manager (Title) December 8, 1998 (Date) THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission under the Authority of Minute Order 100002 and Stand Alone Manual Notice 98-3, for the purpose and effect of activating and/or carrying out the orders, established policies or work programs by the Texas Transportation Commission. APPROVED: ATTEST: By. d=?1��— ' Director, General Services Division City Secretary Date: rr CMAQ:FED 13 of 13 6-98 CITY FORCES 100% Dallas DistricXMOD) EXHIBIT "A" Traffic Signal Controller and Cabinet Upgrade Along IIWY 77 (Elm and Locust) NORTHBOUND HWY 77 (Locust) at Sycamore Street HWY 77 (Locust) at Hickory Street HWY 77 (Locust) at Oak Street HWY 77 (Locust) at McKinney Street HWY 77 (Locust) at Parkway Street SORTHBOUND IIWY 77 (Elm) at Parkway Street HWY 77 (Elm) at McKinney Street HWY 77 (Elm) at Oak Street HWY 77 (Elm) at Hickory Street HWY 77 (Elm) at Sycamore Street 10-18-00; .972 aL629n . 12, 1. E-3-ffi-ibit •t$n none EXHIBIT "C" Traffic Signal Controller Upgrade Hwy 77 (Elm and Locust) At Sycamore, Hickory, Oak, McKinney and Parkway Denton, Texas Cabinet and Controller (PEEK SC3000) Elm\Sycamore $ 830000 Detector Card l @ 50000 Elin4lickory & Oak 830000 Detector Card 2 @ 50000 Elm\McKinney 830000 Detector Card I. @ 50000 Elm\Parkway 830000 Detector Card 1 @ 50000 Locust\Sycamore 830000 Detector Card I @ 50000 Locust\Hickory & Oak 830000 Detector Card 2 @ 50000 Locust\McKinney 830000 Detector Card I @ 50000 Locust\Parkway 830000 Detector Card 1 @ 50000 Misr Concrete Work Retrofit existing base 4 @ 50000 Misc. Electrical Connectors 30000 Labor Director 10 @ 3802 Transportation Manager 30 @ 2349 Traffic Signal Tech II 100@ 1795 Traffic Signal Tech II 100@ 1297 Traffic Signal Tech I 50 @ 1158 Traffic Signal Tech I SO @ 1158 1� 830000 50000 830000 100000 830000 50000 830000 50000 830000 50000 830000 50000 830000 50000 830000 50000 20M 00 30000 38020 70470 179500 129700 57900 57900 Consultant Traffic Engineer 100@ 7500 7500.00 TOTAL S 86,034.00