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HomeMy WebLinkAbout1994-180E:\WPD0CS\0RD\TRAFF1C.SIG ORDINANCE NO. 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 Agree- ment between the City of Denton and the Texas Department of Trans- portation for the furnishing and installing of traffic signals by a municipality, 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 immed- iately upon its passage and appro�vjal. PASSED AND APPROVED this they/' day o , 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: LA91 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 Goye7 rnnentfa Metropolitan Planning Organization, chartered under the laws of the State of Texas, acting by and through the city of Denton Denton County, Texas, hereinafter called the "City", acting by and through its duly authorized officers. W I T N E S S E T H 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 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 CMAQ:FED CITY FORCES 1000 Sheet 1 of 9 02/9-'. 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 19 the City Council WHEREAS, on this n�%in day of passed Resolution7`Or'd-i—na-nce No. - 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 1993 — 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 G R E E M E N T 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 I. 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 intersections that are warranted and approved by the State will be eligible for signalization under this agreement. CMAQ:FED CITY FORCES 100% 02/9 Sheet 2 of 9 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. variations: None ARTICLE 5. INSPECTION OF WORK A. The State shall 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 will 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 will take such measures as necessary to obtain acceptable systems components and installation procedures without delay. CMAQ:FED CITY FORCES 100% Sheet 3 of 9 05/94 ARTICLE 6. PERSONNEL, EQUIPMENT AND MATERIAL A. The City will 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 7. COMPENSATION A. The maximum amount under this agreement without modification is $ 115,520.00 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. 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 100 % of the allowable costs for the locations described in Exhibit "A". It is estimated that the cost of construction inspection will be 5 % of the project construction costs. The State will reimburse the City for up to 79 % of the allowable costs for those locations described in Exhibit "B". The City will be responsible for all costs in excess of 79 % of allowable construction costs for locations described in Exhibit "B". 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". CMAQ:FED CITY FORCES 100% Sheet 4 of 9 05/94 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 Director of Transportation Operations a as, exas - 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 shall 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 if its agents or employees during the performance of contract work. CMAQ:FED CITY FORCES 100% Sheet 5 of 9 05/94 ARTICLE 11. 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 in 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) r'- IA-. ide Insurance Prior to the City performing any s Project, the City shall furnish to the State a c Certificate of ns m 20.102 3-82) and s ain the insurance in full force and effect as o3ect lasts. 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 3-82) 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 CITY FORCES 100% 02/9 Sheet 6 of 9 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 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 unenforceability 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. CMAQ:FED CITY FORCES 100% Sheet 7 of 9 02/94 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 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 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 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", "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. ARTICLE 28. TIME FRAME The construction of the improvements in this contract shall be completed and operational by the 1 day of September , 19 95 CMAQ:FED CITY FORCES 100% Sheet 8 of 9 02/94 IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the agreement. The City By: (Name) (Title)Q Q/,� -7/67,/// (bate) AT .ST: City Secretary CMAQ:FED CITY FORCES 1000 THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission under the 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: d By: Director, Traffi Operations Division Date: Sheet 9 of 9 02/94 Exhibit "A" Control: 918-46-910 US 377 (Carroll) and Collins Control: 134-9-903 US 380 (University Drive) and IH 35E US 380 and Bonnie Brae US 380 and Malone Street US 380 and Fulton Street US 380 and Alice Street US 380 and Carroll Blvd. US 380 and US 77 (Elm Street) US 380 and US 77 (Locust Street) Control: 135-10-900 US 380 (University Drive) and Bell Avenue US 380 and Ruddell Street US 380 and Nottingham Street US 380 and Old North Road US 380 and Loop 288 on system locations Exhibit "B" NONE off system locations EXHIBIT "C" Traffic Signal Interconnect West Section I 35 to U.S. 77 Control: 134-09-%3 Project Scope: Construct interconnect wire utilizing existing utility poles. This will connect the U.S. 380 (University Drive) at I.H. 35, Bonnie Brae, Malone Street, Fulton Street, Alice Street, Carroll Boulevard, Elm Street and U.S. 77 (Locust Street) traffic signals. The controller will be replaced at the Fulton, Alice and Elm streets intersections. The controller and cabinet will be replaced at the Bonnie Brae and I35 intersections. Signal monitor and harness will be installed at the I.H. 35, Bonnie Brae and Carroll intersections. This construction will allow the controllers at these intersections to be linked together and set for appropriate timing progression sequence. Equipment Cost: ITEM QTY UNIT COST TOTAL Controller and cabinet 2 EA $6,206.00 $12,412.00 + Controller 3 EA 1,586.00 4,758.00 Signal Monitor and Harness 3 EA 800.00 2,400.00 Detector Loop Card 1 EA 506.00 506.00 Power Supply Card 0 EA 245.00 0.00 Concrete 0 EA 150.00 -------------------------- 0.00 SUB-TOTAL $20,076.00 Traffic Signal Personnel (Interconnect Installation): HRS UNIT COST TOTAL Traffic Supervisor 6 EA $35.00 $210.00 Signal Tech 9 EA 30.00 270.00 Signal Tech 8 EA 30.00 240.00 Signal Tech 7 EA 30.00 -------------------------- 210.00 ' SUB -TOTAL $930.00 Signal Tech (Timing Plan Process): ITEM HRS UNIT COST TOTAL Signal Tech 7 EA $30.00 -------------------------- $210.00 SUB-TOTAL $210.00 Electrical Personnel Services: Equipment Cost: QTY UNIT COST TOTAL Pickup 2 24 $15 $720.00 Bucket Truck Small 1 24 25 600.00 Bucket Truck Large 1 24 40 960.00 Reel Trailer 1 16 5 80.00 Pulling System 1 16 25 400.00 Trencher 1 4 25 100.00 Trailer 1 4 5 -------------------------- 20.00 SUB-TOTAL $2,880.00 Labor Cost: HRS UNIT COST TOTAL Engineer 1 8 $60 $480.00 Foreman 1 4 50 200.00 Lead Lineman 1 32 40 1,280.00 Lineman 2 32 25 1,600.00 Apprentice 2 32 25 -------------------------- 1,600.00 SUB-TOTAL $5,160.00 Consultant (Cummings & Pewitt): Timing Plan Process (Paid by City) ($750.00) TOTAL $29,256.00 EXHIBIT "C" Traffic Signal Interconnect East Section U.S. 77 to Loop 288 Control: 135-10-900 Project Scope: Upgrade existing controllers hardware for U.S. 380 (University Drive) at Bell Avenue, Ruddell Street, Nottingham Street, Old North Road, and Loop 288 traffic signals. The controller will be replaced at the Loop 288 intersection. The controller and cabinet will be replaced at Ruddell street: and Old North Road intersections and a signal monitor and harness will be installed at these two intersections. This upgrade will allow for a "Time Based Coordination" of the signals along this section of U.S. 380. Equipment Costs ITEM QTY UNIT COST TOTAL Controller and Cabinet 2 EA $6,206.00 $12,412.00 Controller 2 EA 1,586.00 3,172.00 Signal Monitor and Harness 2 EA 800.00 1,600.00 Detector Loop Card 3 EA 506.00 1,518.00 Power Supply Card 1 EA 245.00 245.00 Concrete 1 EA 150.00 ------------------------- 150.00 SUB-TOTAL $19,097.00 Personnel Services for Interconnect Installationt HRS Traffic Supervisor 6 EA $35.00 $210.00 Signal Tech 16 EA 30.00 480.00 Signal Tech 13 EA 30.00 390.00 Signal Tech 12 EA 30.00 360.00 SUB -TOTAL $1,440.00 Personnel Services for Timing Plan Process HRS Signal Tech 5 EA $30.00 $150.00 ------------------------- SUB-TOTAL $150.00 Consultant (Cummings & Pewitt) Timing Plan Process (Paid by City) ($350.00) TOTAL $20,687.00 AEE00456 EXHIBIT "C" CONTROL: 918-46-910 '• CARROLL AND COLLINS TRAFFIC SIGNAL INSTALLATION Personal Services for Signal Installation: HOURS RATE TOTAL TITLE 20 $60.00 $ 1,200.00 Engineer 9 80 35.00 2,800.00 Traffic Supery 240 30.00 7,200.00 Signal Tech g 240 30.00 7,200.00 Signal Tech 20 30.00 600.00 Tech Aset $19,000.00 Personal Services for Pavement Markings: HOURS RATE TITLE 16 30.00 480.00 n Tech Sign 16 33.00 528.00 Tech Asst $ 1,008.00 Equipment Costs QTY UNIT COST TOTAL ITEM Pedestrian Heads Complete/brackets 8 EA EA 200.00 2,146.00 $ 1,600.00 4,292.00 Combo Pole/35' Mast Arm 2 1 EA 2,008.00 2,008.00 Signal Pole/35' Mast Arm 1 EA 2,.00 2,200.00 Signal Pole/40' Mast Arm 8 EA 7500 275. 2,.00 Three Sec Heads/Complete 2 EA 420.00 840.00 84 Five Sec Heads/Complete 2000 LF 0.57 1,140.00 7C Signal Wire.14 awg Stranded 1000 LF 11.10 1,10 0.00 16C Signal Cable 12 awg strand 1000 LF 27 20.00 7 Service Cable 6 awg Stranded 1000 LF 0.50 500.00 Service Ground 6 awg solid 1500 LF 180.00 Loop wire Lead in cable 3M-3003 1500 LF 0.42 154.00 0.00 2,464.00 Loop Sealant 16 6 EA EA 150.00 900.00 Pull boxes 3 EA 50.00 150.00 Meter Base 3 EA 50.00 150.00 Electrical Disconnect 200 LF 1.00 200.00 Three inch PVC conduit 20 LF 3.00 60.00 Three inch Rigid conduit 4 LF 0. 72.00 One Inch PVC Conduit 10 10 EA 40.00 400.00 Push Button with sign 1 EA 6,500.00 6,500.00 Transyt 1880EL 6 Ph Cont/Complete 3 EA 437 1,311.00 Canoga (P424T) Detector Amp 1 EA 250 250.00 Canoga Power Supplies 1 EA 100.00 100.00 Misc Elec Items 2 EA 1,200.00 2,0.00 Advance Flasher Comp 2 EA 90.00 180.00 18 Advance Signal Sign 4 EA 100.00 4.00 0 Large Street Sign 2 EA 45.00 90.00 9 Protected Left Signs 4 EA 90.00 360.00 Lane Designation Sign 1 EA 150.00 150.00 5 Gallon White Paint 1 EA 150.00 150.00 5 Gallon Yellow Paint 2 EA 300.00 600.00 5 Gallon Epoxy Kite 4 EA 100.00 400.00 Box White Pavement Markers 10 SY 32.40 324.00 Concrete Pavement 4 EA 1,000.00 4,000.00 Pole Installation 620 LF 5.00 3,100.00 Conduit Installation 4 EA 1,000.00 4,000.00 Traffic Signal Pole Bases (Steel, Concrete & Bolts) 10 SY 9.00 90.00 Concrete removal ----- ----------------- SUB -TOTAL 45,569.00 TOTAL $65,577.00 Exhibit "C" CONTROL: 918-46-910 Carroll and Collins Traffic Signal Installation $ 65,577.00 CONTROL: 134-09-903 U.S. 380: From I.H. 35 to U.S. 77 $29,256.00 CONTROL: 135-10-900 U.S. 380: From U.S. 77 to Loop 288 $20 687 00 Total $115,520.00 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 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 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. E:\MADDCS\DRD\TRAFFIC.SIG EXHIBIT "E" ORDINANCE NO. /! 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 Agree- ment between the City of Denton and the Texas Department of Trans- portation for the furnishing and installing of traffic signals by a municipality, 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 immed- iately upon its passage and approval. PASSED AND APPROVED this they day o"��r_' 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY STATE AND PUBLIC TRANSPORTATION BILLING STATEMENT FORM 132 REV. 2-86 BILLING INSTRUCTIONS: To facilitate handling and prompt payment stow the information in the spaces provided below'. Submit five copies. Submit a separate statement for each requisition. Charges for freight a exgess, N oy, must be supported by the prepaid freight or eapress bill. This statement cannot be processed for payment whhoul a valid vendor ID number. Name of Payee Date _ 19__ Address DELIVERY DATE: . City & State VENDOR ID LINK W INVOICE DATE NUMBER FY S SOURCE UNIT DESCRIPTION QUANTITY UNIT PRICE AMOUNT CASH DISCOUNT °% DAYS TOTAL IAC or MISC CONTRACT NO: SDHPT REQ. NO: HW BC ORDER NO: DATE: SEG. I.D. 26 DETAIL AMOUNT = DHT ITEM N0. I EQUIPMENT S NUMBER TRADE-IN ALLOWANCE TRADED EQUIP. N0. M 0. 0 LINK SEQ. DIST. OR DIV 09 10 DETAIL AMOUNT = MOD, OBI. OF EXP. ACTY. DITHER NO. EQUIP. NO. 70 THRU 79 DETAIL AMOUNT S TUNIC. COST CENTER SFI EQUIP. N0. ACtt. HIGHWAY TASK OR WORN ORDER COUNTY SYS. NUMBER S U F CLASS 15 16 11 I8 19 20 21 22 23 24 25 — 41 42 — 53 54 55 56 57 58 59 60 61 61 63 6d 65 66 67 66 69 70 11 12 73 74 15 76 77 78 Agency VerificationlAudit has been performed, the services rendered andlor goods received, and the involce(s) correctly corresponds with the authority under which procurement was made. The invoice(s) is (are) true and unpaidBy C C 80 3 3 3 3 3 1 Contract: 1 BSXXH8003 Quarterly Billing Summary Congestion Mitigation Project State Agency: Tx Department of Transportation Payment Period: City of Denton Control Section Job: 0135-9-903,etc Type of Payment: County: Denton (Partial) (Final) Vender Identification Number: 17560005146000 Functions or Activities 1 Eauioment 1 Materials I Enolneerino Tote Local Share CIP Fungi_ Local Share 21% offs stem ISTEA TOOT Share (21 % on system) ISTEA FHWA Share 179 %)---- ---- Total City reimbursment requested Certification I certify to the best of my knowledge and Signature of Authorized Certifying Official Date belief the data above are correct and that Submitted all outlays were made in accordance with the contract conditions or other agreement Typed or Printed Name and Title Phone Number and that payment is due and has not been previously requested. This space for TxDOT use: 1 certify that the above were rendered, or goods recieved, and that they correspond in every particular with the contract, and that the claim is true and unpaid. Name Title Date �:\data\wkz\rei nihurs wkI Q� yes �eRF Texas Department of Transportation P.O. BOX 3067 • DALLAS, TEXAS 75221-3067 • (214) 320-6100 December 30, 1994 Congestion Mitigation Air Quality Project Controls: 918-46-910, 134-9-903, 135-10-900 US 377 at Collins US 380: From: I.H. 35E To: Loop 288 Denton County Mr. Jerry Clark, P.E. Director of Engineering City of Denton 215 East McKinney Street Municipal Building Denton, Texas 76201 Dear Mr. Clark: r i A 3 1995 We are forwarding one signed copy of the agreement between TxDOT and the City of Denton for the above subject project. Prior to the City beginning work, we have requested that the Federal Highway Administration obligate the money for this project. However, the FHWA may require an Implementation Plan prior to obligating the funds. We are forwarding you information concerning the Implementation Plan required for all Congestion Mitigation Air Quality Traffic Signal Projects. If the city has a number of projects to be funded from CMAQ, and the projects are similar in nature or part of a central control system, one implementation plan will be sufficient. For example, one implementation plan could be submitted for all closed loop systems or other similar types of operating systems. When work begins on this contract, the following guidelines should be used: 1). The City will provide TxDOT with monthly progress reports on the status of the project (form attached). 2). The City will submit all bidding documents to TxDOT to review and to check compliance with the contract. 3). The City will submit quarterly billing statements to TxDOT. A billing statement, form 132, all the supporting paper work, along with the attached summary sheet should be included. An Equal Opportunity Employee Mr. Clark CMAQ Project 12/30/94 4). TxDOT will make periodic field inspections of the project, and will make an inspection prior to processing billing statements for payment. 5). Meetings will be held as needed concerning the project. Please forward your Implementation Plan to us upon its completion. We will notify you when the funds have been obligated in order for work to commence. Peel free to contact Ms. Melanie Young, Y.E., at (214)320-6229, for further information. We look forward to working with you to complete this project. Sincerel Terry . Sams, RE Director of Transportation Operations Attachments