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HomeMy WebLinkAbout1996-098J \WPDOCS\ORD\TRAFFIC ORD ORDINANCE NO A O-Ug 2 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; 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 Air 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 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 II. 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 /V/ — day of ' 1996. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY?OVED APASTO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Agreement No STATE OF TEXAS COUNTY OF TRAVIS CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 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 North Central Texas Council of Govemments, a Metropolitan Planning Organization, chartered under the laws of the State of Texas, acting by and through the city of Denton I Denton County, Texas, hereinafter called the "City", acting by and through its duly authorized officers WITNESSETH WHEREAS, the Intermodal 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 States' Transportation Agencies, and WHEREAS, Title 23 U S C Section 134 establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies develop transportation plans and programs for urbanized areas of the State, 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 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 requested the State to reimburse the Federal allowable percentage of the cost 1-95 CMAQ FED CITY FORCES 100% Sheet 1 of 9 of installing traffic signals and other items directly related to the operation of an intersection at the intersections established herein, hereinafter called the "Project", and WHEREAS, the Project has been designated as a federal -aid project and thus this agreement shall be made in accordance with Federal Highway Administration (FHWA) procedures and regulations, 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 1(day of 0.0AL.9 19_9,J�0, the City Council passed Resolutio rdinance % OQ L, attached hereto and identified as Exhibit "E", authorizing the City's participation in the development and construction of 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 93 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, AQREEMENI 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 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 terminated 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 CMAQ FED CITY FORCES 100% Sheet 2 of 9 1-95 intersections that are warranted and approved by the State will be eligible for signalization 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 NONE ARTICLE 5 INSPECTION OF WORK A. The State will make suitable, frequent, and complete inspection of all materials, and equipment, and the work of installation to determine and permit certification that the 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 all 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 CMAQ FED CITY FORCES 100% Sheet 3 of 9 1-95 ARTICLE 6. PERSONNEL, EQUIPMENT AND MATERIAL A. The City shall use labor and supervisory personnel employed directly by the City, and use City -owned machmery, 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, the machinery, equipment, and vehicles may be rented or leased as necessary at the low bid price submitted by at least two approved bidders B. Reimbursement for the use of materials purchased by other than competitive bid procedures will be made only if such procedures are shown to be in the public interest and provided the State shall have given prior approval for the use of said materials All materials used for the work shall be new and undepreciated ARTICLE 7 COMPENSATION A The maximum amount under this agreement without modification is $ 47,329 90 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 reimburse the City the cost of furnishing 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 _JD0L210 of the allowable costs for the locations described in Exhibit "A" The State will reimburse the City for up to -11-210 of the allowable costs for those locations described in Exhibit "B" It is estimated that the cost of construction inspection will be —_% of the protect construction costs 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 Reimbursement 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" 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 CMAQ FED CITY FORCES 100% Sheet 4 of 9 1-95 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 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 make 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 time an audit is deemed to be in the best interest of the State ARTICLE 9. TERMINATION 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 perform the services and obligations set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the City (3) By either party, upon thirty (30) days written notice to the other ARTICLE 10 INDEMNIFICATION The City acknowledges that it is not an agent, servant, or employee of the State, and that it 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 ansing from the City's default, breach of contract, or violation of terms shall be paid by the City This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies CMAQ FED CITY FORCES 100% Sheet 5 of 9 1-95 existing at law and in equity may be availed of by either party and shall be cumulative ARTICLE 12 DISPUTES Should disputes arse as to responsibilities and obligations as set forth in this agreement, the State's decision shall be final and binding ARTICLE 13. SUBLETTING The City shall not sublet or transfer any portion of its responsibilities and obligations under this agreement unless specifically authorized in writing by the State In the event subcontracts are entered into by the City, the subcontractors must adhere to the provisions of this agreement 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) 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 ARTICLE 17 INSPECTION OF CITY'S BOOKS AND RECORDS The State will, 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 CMAQ FED CITY FORCES 100% Sheet 6 of 9 1-95 at the time 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 three (3) years from the date of final payment under this contract or until impending litigation is 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 contract 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 unenforceabilny 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-128 AUDIT REQUIREMENTS The City 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 paragraphs 6, 8 and 9 of OMB Circular No A-128 ARTICLE 22. PROCUREMENT STANDARDS The City shall adhere to the procurement standards set forth in Title 49 CFR, Part 18 32 ARTICLE 23. PROPERTY MANAGEMENT STANDARDS The City shall adhere to the property management standards set forth in Title 49 CFR, Part 18 36 ARTICLE 24 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 CMAQ FED CITY FORCES 100% Sheet 7 of 9 1-95 agreement, including without limitation 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 25. CWIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710 405 (B)), also Executive Order 11246 titled "Equal Employment Opportunity", as amended by Executive Order 11375 and as a supplemented in the Department of Labor regulations (41 CFR 60) ARTICLE 26 MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City agrees to comply with the requirements set forth in Exhibit "D", "Minonty Business Enterprise Program Requirements" ARTICLE 27. DEBARMENT CERTIFICATIONS (APPLICABLE TO AGREEMENTS WHICH EXCEED $100,000) 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 ARTICLE 28 TIME FRAME The construction of the improvements in this contract shall be completed and operational by the 31 s t day of December 19 96 CMAQ FED CITY FORCES 100% Sheet 8 of 9 1 95 IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the agreement THE STATE OF TEXAS The City of Dent n Executed for the Executive Director and approved By for the Texas Transportation Commission under the ATTEST (Name) (Date) Authority of Minute Order 100002 and Administrative Circular 26-93, for the purpose and effect of activating and/or carrying out the orders, established policies or work programs by the Texas Transportation Commission APPROVED By Gd'— — City Secretary APPROVED AS TO LEGAL FORM: Date HERBERT L. PROUTY, CITY ATTORNEY CMAQ FED CITY FORCES 100% Sheet 9 of 9 Dallas Distict Engineer 1-95 Exhibit "B" Control: 918-46 MPO #1044 Eagle Drive and Bernard Street off system locations xxhibit "C" TRAFFIC SIGNAL INSTALLATION BERNARD AT EAGLE DRIVE Description Ouanity -------- -------------------------- Cost/Ouanity Total Cost ----------------------------- Signal Equipment SC3000 Controller & Cabinet 1 7,000.00 7,00000 Pull Box 6 160.00 750.00 Pole Riser 10 35.00 35000 Loops 6' x 30' 8 50000 4,00000 4—Channel Power Supply 1 275.00 27600 4—Channel Detector Cards 3 80000 2,40000 Loop Sealant 3—M 5 160.00 80000 3—SECTION SIGNAL HEAD 8 20000 1,600.00 6—SECTION SIGNAL HEAD 2 30000 60000 Pedestrian Heads 6 160.00 900.00 Pedestrian Stefion�elgn 8 5000 30000 Saddle Mount Span Wire Assy 10 75.00 750.00 Mlsc Electrical Connectors 1 20000 20000 Cable 18 Conductor 12 AWG 2000 1.60 3,00000 Loop Wire 2000 0.25 50000 Home Run Cable 1000 0.50 50000 Concrete Work Cabinet Base 1 350.00 350.00 Misc. Concrete Work 1 5,00000 5,00000 Signs Street Signs with Hardware 4 75.00 30000 Pre—emption Optical Detector/Brackets 2 35000 70000 Card Rack 1 17500 175.00 4 Channel Optical Card 1 30000 300.00 Electric Distribution Install Wood Poles 4 2,000.00 8,00000 install Span for Signal 1 1,600.00 1,50000 Traffic Personnel (Labor) Traffic Signal Tech. (4) 300 1300 3,90000 Traffic Supervisor 20 18.12 36240 Director 10 3300 33000 Pavement Markings Paint (6 Gallons) 2 000 Markers Yellow Reflector 100 1.00 10000 Buttons 100 050 50.00 Traffic Personnel (Labor) Traffic Maintenance Appr 375 900 33750 TOTAL 45,329 90 Exhibit "D" SPECIAL PROVISION MINORITY BUSINESS ENTERPRISE REQUIREMENTS It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CPR 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 requirements of 49 CFR Part 23, exclusive of Subpart D, apply to this contract as follows The City agrees to ensure that Minority Business Enterprises, as defined in 49 CFR Part 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 ensure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts The City and any of its 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 in part with Federal funds These requirements shall be physically included in any subcontract 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