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HomeMy WebLinkAbout1987-1161795L AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS FOR INSTALLATION OF A TRAFFIC SIGNAL LONTROLLER AT THE INTERSTATE HIGHWAY 35 FRONTAGE ROAD INTER- SECTION WITH UNITED STATES HIGHWAY 380, AND PROVIDING AN EFFLCrIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and auth- orizes the Mayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton and The State of Texas providing for the installation of a traffic signal controller at the intersection of Interstate Highway 35 frontage road with United States Highway 380, under the terms and conditions contained in said agreement which is attached hereto and made a part hereof SECTION II That this ordinance shall become effective imme lately upon its passage and approval PASSED AND APPROVED this the day of4 , 1987 RAY ST I S, M YOR Al PEST JE R ALTE S, C 'Y S RET RY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ATTACHMENT B CONTRACT ADDENDUM (NONDISCRIMINATION) During the performance of this contract, cir of Denton for itself, its assignees and successors in interest ereina ter referred to as the "City"), agrees as follows (i) Com Hance with Re ulations The City shall comply with the regula- t ons re at ve 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 from 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 t during t e contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontracts, including procurements of materials and leases of equipment The City shall not participate either directly or indirectly in the discrimination prohibited by Section 21 5 and Part 710 405(b) of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations (3) Solicitations for Subcontract Includj Procurements of Materials anqu_ Equipment In a so c tlations 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 equip- ment, each potential subcontractor or supplier shall be notified by the City of the City's obligations under this contract and the Regulations relative to nondiscrimination 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 deter- mined by the State Department of Highways and Public Transportation or the U S. Department of Transportation to be pertinent to ascer- tain 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 State Department of Highways and Public Transportation or the U S Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information Page 1 of 2 2/87 (5) Sanctions for Noncom 1p_iance In the event of the City's non- compliance with the —non iscrim nation provisions of this contract, the State Department of Highways and Public Transportation shall impose such contract sanctions as 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 include the provisions of -paragraphs (1) through 6) in every subcontract, including pro- curements 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 State Department of Highways and Public Transportation 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 State Department of Highways and Public 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 pro- tect the interests of the United States Page 2 of 2 2/87 ATTACHMENT C SPECIAL PROVISION MINORITY BUSINES ENTERPRISE PROGRAM REQUIREMENTS PURPOSE The purpose of this Special Provision is to carry out the U S Department of Transportation's policy of supporting the fullest possible participation of company's owned and controlled by minorities in U S Department of Transportation programs POLICY It is the policy of the U S Department of Transportation that Disadvanted Business Enterprises, as defined in 49 CFR Part 23, Subpart D, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds Consequently, the Dissadvantaged Business Enterprise requirements of 49 CFR Part 23, Subpart D, apply to this contract as follows The City agrees to ensure that Disadvantaged Business Enterprises (DBE), as defined in 49CFR Part 23, Subpart D, have the maximum opportunity to participate in the performance of contracts and sub- contracts financed in whole or in part with Federal funds In this regard, the City shall take all necessary and reasonable steps to meet the Disadvantaged Business Enterprise goal for this contract 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 in part with Federal funds These requirements shall be physically included in any subcontract Prior to issuance of a work order to the City, the State will be furnished a letter signed by an officer of the firm which specifies the name of the eligible DBE* subcontractor(s) to be used on this project, the work to be performed by the subcontractor(s), and the estimated amount of subcontract(s) PERCENTAGE GOAL The percentage goal for Disadvantaged Business Enterprise partic—� ip io'on do the work to be performed under this contract is a minimum 10% of the contract amount Failure to carry out the requirements set forth above shall constitute a breach of contract and, contractebynthefStateoorby the other Department, remedy asmay theresult n State deems appropriate *The State will certify the eligibility of the DBE 2/87 CITY ATTORNEY'S CERTIFICATE THE STATE OF TEXAS S COUNTY OF DENTON S I, Debra A Drayovitch, City Attorney for the City of Denton, Texas, do hereby certify that the City Charter of the City of Denton authorizes the City Council to approve the execution of contracts by means of an ordinance, and that the attached contract between the City of Denton and the State of Texas, dated June 24, 1987, approved by ordinance passed June 23, 1987 and executed by Ray Stephens, Mayor is valid and binding on said City in so far as its approval and execution is concerned STATE OF TEXAS COUNTY OF Denton 11 Jennifer Walters qualified and acting city secretary of the City of , the duly appointed, Denton Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance/resolution duly passed by the City Council at a meeting held on June 3 , A D., 1987 , at 7 00 o'clock P M To certify which, witness my hand and seal of the City of Texas, this 26th day of June Denton , Texas Denton 1987,at (7) Secr 'ary of the City Of Denton , Texas 1795L Me p row AN ORDINANCE APPROVING AN AGREEMENT BEfWEEN THE CITY OF DENTON AND THE oTAIE OF TEXAS FOR INSTALLATION OF A TRAFFIC SIGNAL CONTROLLER AT rHE INTERSTATE HIGHWAY 35 FRONrAGE ROAD IN1ER- SECTION WITH UNITED STATES HIGHWAY 380, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY ON DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and auth- orizesstt a Mayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton and The State of Texas providing for the installation of a traffic signal controller at the intersection of Interstate Highway 35 frontage road with United States Highway 380, under the terms and conditions contained in said agreement which is attached hereto and made a part hereof SECTION II That this ordinance shall become effective inmediately upon its passage and approval PASSED AND APPROVED this theO day of , 1987 RAY STrHENS, M YOR ATrESf JE r F E R AL44CI' S ET R APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY l,_/.L ' =A" 0 COST ESTIMATE FOR CITY FURNISHED MAIERIAL AND hQUIPMENI 1-35/380 I MATEkIAL LUST UAN111Y U1J11 LOSI 1UTAL LOS] EPAC 300 Eagle Controller 1 A Cabinet I B Conflict Monitor I C Solid State Flasher I D Load Switches 8 $5,679 00 Digital Loop Detectors 515IM5 16 $108 1,728 00 Warehouse Charge 10% 740 00 Bolts, Splices, Lugs 25 00 II EQUIPMENT COST Truck Pick-up 1 $100 100 00 1 50 5o 00 III LABOR COST Field Supervisor 1 $14 x 10 firs 140 00 Field Tech Clerk 2 $12 x 80 hrs 960 00 1 $8 x 2 His 16 00 0470E GRAND TOTAL COST $9,438 00 Agreement No. STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR THE INSTALLATION OF TRAFFIC SIGNAL CONTROLLER WITHIN THE KJNICPALITY THIS AGREEMENT is made by and between the State of Texas, acting by and through the State Department of Highways and Public 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 as evidence by Resolution/Ordinance No. S % — JJ(o hereinafter acknowledged by reference. W I T N E S S E T H WHEREAS, the State owns and maintains a system of highways and roadways, including Interstate Highway 35 and United States Highway 380, in the City of Denton; and WHEREAS, the City has requested the State to reimburse the cost of obtaining and installing a traffic signal controller at the Interstate Highway 35 frontage road intersection with United States Highway 380, 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 to provided that is compatible with standard signal operation and a future closed loop system; and WHEREAS, it is in the best interest of the City and the State for the City to assist the State in supplying traffic control equipment on the Project; and WHEREAS, on the 29 day of August 19 84, the State Highway and Public Transportation Commission passed Minute Order No. 82141 , approving the Project; and WHEREAS, the State is authorized to enter into an agreement with the City for the Project pursuant to Article 6673-b, V.A.C.S.; AGREEMENT 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 peformed as hereinafter set forth, it is agreed as follows: Page 1 of 7 2187 C. All billing statements shall be properly documented, summarizing the costs by description of work performed, quanity 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. Reimbursement to the City for costs incurred under this agreement will be made in accordance with principles outlined in 48 CFR Chapter 1, Part 31, Federal Acquistion Regulation (FAR 31). F. Unsupported charges or charges after final acceptance by the State will not be considered eligible for reimbursement. 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 and the Federal Highway Administration (FHWA). Article 5. Personnel, Equipment and Material A. The City will use labor and supervisory personnel employed directly by the City, and using 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 is 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. Inspection of Work A: The State and when applicable, FHWA, shall make suitable, frequent, and complete inspection of all materials, 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. Page 3 of 7 2187 Article 7. Maintenance and Operation Responsibilities Upon completion of the Project; the City agrees to operate and maintain at its own expense, the traffic signal controllers as a part of the street system and agrees to assume the cost of all electrical power required for signal operation, including the electrical power needed during test periods. Article 8. 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 by writing notice to the City as 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 =sbrsact of the City. (3) By either party, upon thirty (30) days written notice to the other. B. If, at any time, the City fails to assume the construction responsibilities as prescribed herein or the maintenance and operation responsibilities for the street illumination poles in a satisfactory manner as determined by the State, the State reserves the right to assume the construction responsibilities or to arrange for maintenance and operation responsibilities at the expense of the city. Article 9. Indemnification To the extent permitted by law, the City shall save harmless the State from all claims and liability due to activities of itself, its agents, or employees, performed under this agreement and which result from an error, omission, or negligent act of the City or of any person employed by the City. The City shall also save harmless the State from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the City, its agents or employees. Article 10. Remedies Violation or breach of contract terms by the City shall be grounds for ter- mination 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. Page 4 of 7 2/87 Article 11. Disputes Should disputes arise as to responsbilities and obligations as set forth in this agreement, the State's decision shall be final and binding. Article 12. 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 13. 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 14. Insurance Prior to the City performing work on the Project, the City shall furnish to the State a completed Certificate of Insurance (Form 20.102 3-82) and shall maintain the insurance in full force and effect as long as the.City is respon- sible for the maintenance operations of the traffic signal controller. Article 15. Successors and Assigns The State and the City shall not assign or otherwise transfer its rights or obligations under this agreement except with the prior written consent of the other party. Article 16. OMB A-128 Audit Requirement A. 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 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 by the City at the time of contract termination. The City shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incured and shall make such materials available at their office during the contract period and for three (3) Page 5 of 7 2187 years from the date of final payment under the agreement, for inspection by the State, the Federal Highway Administration and the Department of Transportation, Office of Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to all records of the City which are direcly pertinent to this agreement for the purpose of making audit, examinations, excerpts and transcriptions. Article 18. Civil Right's Compliance The City shall comply with the regulations of the Department of Transportation (49 CFR 21 and 23 CFR 710.405(b)) as they relate to non- discrimination;also Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulation (41 CFR 60). See Attachment B, "Contract Addendum (Nondiscrimination)." Article 19. Minority Business Enterprise Requirements The City agrees to comply with the attached special provision "Minority Business Enterprise Program Requirements." See Attachment C. Article 20. 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 pro- vision thereof and this agreement shall be construed as if such invalid, ille- gal, or unenforceable provision had never been contained herein. Article 21. 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 22. 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. Page 6 of 7 2187 IN WITNESS WHEREOF, The State and the City have signed duplicate counter- parts of the Agreement. CITY OF DENTON By: atur Ray Stephens, Ma or Typed Name and T1t e June 23, 1987 THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Trans- portation Commission: By: ( , 1'A• Y" Signature _Bob G.,Hodge. Chief Engineer, Safety and Maintenance Operations 7-17— 87 Date 2/87 Page 7 of 7