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HomeMy WebLinkAbout1996-150F \WPD0CS\0RD\TRAFFIC ORD ORDINANCE NO q6 -/So 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 ZlAt day of 1996 N � -jA-CTfZMILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM TSVDDPDT T. DVnTT'T'V OTTV ATrPnVVPV Agreement No l0 7XXA-'3 1V STATE OF TEXAS COUNTY OF TRAVIS CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT AGREEMENT FOR TRAFFIC SIGNALS (STATE CONTRACTED AND WITH A MUNICIPALITY PROVIDING LIMITED MATERIALS AND/OR LABOR AND/OR EQUIPMENT) THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the North Central Texas Council of Governments, a Metropolitan Planning Organization, chartered under the laws of the State of Texas, acting by and through the city of Denton , in Denton County, Texas, hereinafter called the "City", acting by and through Its duly authorized officers - WIINhS!jETH 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 to 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 CMAQStAII SIAII II IIING sill 1 1 Oi 1 01 Ill 5 94 and roadways for public use and benefit, and WHEREAS, the City has requested the State to reimburse the Federal allowable percentage of the cost of furnishing and installing traffic signal equipment at the intersections established herein, hereinafter called the "Project" and WHEREAS, the State and City wish to cooperate in the construction of this Project, and WHEREAS, the City desires that equipment be provided that is compatible with standard signal operation and/or existing City equipment, and WHEREAS, it is in the best interest of the City and the State for the City to assist the State by furnishing and installing traffic signal equipment on 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 by as defined elsewhere in this contract, and WHEREAS, on the 2nd day of July 199-6-, th G' 81:2 "®'" 9G City Council passed 4kese6tyen/Ordmance No 96-150 an i en i ie as Exhibit 15" authorizing the City's participation in the development 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, A-QREE1M> NT 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 CMA(1SIAIl SIAII 11 IIiNG SI It f I OF 2 01 10 5 94 ARTICLE I CONTRACT PERIOD This agreement becomes effective on final execution by the State and shall remain in effect as long as said traffic signal equipment Is in operation at the described location(s) and the 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 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" are acknowledged in Exhibit "A", attached hereto and made a part of this agreement B All State -approved intersections which are "Off State Highway System" are 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 signal(s) will be developed by the City, unless noted otherwise in paragraph "D" 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) and using Texas Department of Transportation Standard Specifications Special Specifications Special Provisions and Standard Sheets B The State will advertise for construction bids, let the construction contract, or otherwise provide for the construction and will supervise the construction as required by said plans The State will secure the City's concurrence of the construction plans prior to the award of the construction contract C The furmshmg and/or installing of a portion of the traffic signal equipment may be part of the construction to be undertaken by the City, and the State will reimburse the City for its contribution to the Project, as prescribed under Article 6, "Compensation " D Variations CMAQSIAII blAll iLI IIN6 None til ll I 101 301 10 s94 ARTICLE 5 PERSONNEL, EQUIPMENT AND MATERIAL A For any work related to the Project which is to be performed by the City, 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, 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 6 COMPENSATION A The State will reimburse the City up to-24-2% of the cost of furnishing and/or installing City traffic signal equipment for locations described in Exhibit "A" The State will pay up to 74% of the construction costs for locations described in Exhibit "A" The State will reimburse the City up to r�% of the cost of furnishing and/or installing the city traffic signal equipment for locations described in Exhibit "B" The State will pay up to n % of the construction costs for locations described in Exhibit "B" B 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 C The City shall comply with the cost principles established in OMB Circular A-87, "Cost Principles for State and Local Governments" D The maximum amount that the City will be reimbursed under this agreement without modification is $ 12-728.00 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 E The City shall remit a check or warrant, made payable to the Texas Department of Transportation, thirty (30) days prior to the date set for the State to receive construction bids in the amount equal to CMAQ STAI I� STAri i CTTING Sl fhb I OF 4 OF 10 s-94 (i a) __Zb_2% of the estimated contract bid items for locations described in Exhibit "A" (lb) ,][a o of the estimated contract bid items for locations described in Exhibit "B" (2) aLa lo of the estimated engineering and contingencies (State inspection costs) for the contract bid items for locations described in Exhibit "B" (3) __nJA_% of the estimated State inspection costs for City furnished and/or installed traffic signal equipment for locations in Exhibit "B" (4) 100 °/o of any Federal non -participating costs It is estimated that the State inspection cost will be 5 % of construction cost The City check or warrant is $ 29,086.20 In the evegt it is determined by the State that the initial amount submitted by the City for construction of the project is insufficient to cover the State's costs, the City will within thirty (30) days from the State's written notification, make additional funding available to the State Following completion and the State's acceptance of the project, the State will make a final audit of all costs associated with the project Upon completion of the final audit, any remaining funds due the City will be promptly returned ARTICLE 7 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 Transportation 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 CMAQSIAII SFAILiFIIINO SIEEI OF 5 OF 10 5 )4 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 8 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 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 perform the services and obligations set forth in a satisfactory manner and within the limns 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 B If, at any time, the City fads to assume the construction responsibilities as prescribed herein or the maintenance and operation responsibilities for the City's portion of the traffic signal equipment in a satisfactory manner as determined by the State, the State reserves the right to assume the construction responsibilities and/or to arrange for the maintenance and operation responsibilities at the expense of the City 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 if its agents or employees during the performance of contract work (MAQSIAII S J A l 1 I I 111N(; S111 L 101 6 01 10 s 94 ARTICLE it REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the agreement, and any increased cost arising 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 existing at law and M equity may be availed of by either party and shall be cumulative ARTICLE 12 DISPUTES Should disputes arise 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) Prior to the City performm mrf-wad� on this Project, the City shall fur lit ate a completed Certificate of Insurance (Form 20 102, latest verst Mai urance in full force and effect as long as this n is a self -insured entity for public liability purposes • 8-LBO 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 and the City is responsible for the furnishing, installing, maintenance, and operation of the traffic signal equipment 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 (,MAQ S I A I 1 SIAli I F I IMY SI Wl' 1 01 7 0I 10 5-94 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 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 unenforceabdrty 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-] 28 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 (MAQSIAII lIAll'I I I iiNO "III I I 01 9 01 10 5-94 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 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 CIVIL 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 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 "E", "Minority 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 CMAQ1,IAII SIAli I I I IIN(T Yil I 1 01 9 01 W 5 94 IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the Agreement The City of Denton By (Name) City Manager (Title) July 2, 1996 (Date) ATTEST City Secretary cMAQSiAn SIATI U rIINC, 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 96 3 Manual Notice 95-4,- for the purpose and effect of activating and/or carrying out the orders, established policies or work programs by the Texas Transportation Commission APPROVED Date ,z. sHI E I Or 10 01 10 5 94 Exhibit "A" Control: 0195-03-052 MPO#: 4087 IH35E: Traffic Signal @ McCormick Control: 0081-11-019 MPO#: 4086 F.M. 426: Traffic Signal ® Mayhill on system locations ABE00768 Exhibit "B" None off system locations AEE00768 EXHIBIT "C" IH35E ® McCormick Description Quantity Cost Total Cost Signal Equipment: SC3000 Controller & Cabinet 1 $7,000 $ 7,000 4-Channel Detector Cards 2 800 1,600 Sub -Total 8 600 F.M. 426 @ Mavhill Road Description Quantity Cost Total/Cost Signal Equipment: SC3000 Controller & Cabinet 1 $7,000 $ 7,000 4-Channel Detector Cards 2 800 1,600 Sub -Total 8 600 TOTAL Total estimate for items provided and/or installed by the City of Denton 74% of cost reimbursed by TxDOT 0.74($17,200) AEE00768 $17,200 $17,200 $12,728 i/ i PDOCS\ORD\TRAFFIC ORD Exhibit "D" ORDINANCE NO Q6 -/So 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 ZlXt day of , 199G JAC�v MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Exhibit "E" SPECIAL PROVISION MINORITY BUSINESS ENTERPRISE 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 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 fiends 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