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HomeMy WebLinkAbout2006-050ORDINANCE NO. dC06-0,,5 O AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, FOR OPERATIONAL IMPROVEMENTS AT SIGNALIZED INTERSECTIONS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3452-INTERLOCAL AGREEMENT FOR LOW COST SIGNAL IMPROVEMENT PROGRAM/THOROUGHFARE ASSESSMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $162,000). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to purchase operational improvements at signalized intersections in the amount of $162,000 from the North Central Texas Council of Governments in accordance with an Interlocal Cooperative Purchasing Program Participation Agreement under Section 271.102 of the Local Government Code which is on file in the office of the Purchasing Agent. SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant to the agreement attached hereto, for the purchase of various goods and services. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the -kk day of 2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY C APPI EDNA BY: 3-ORE INTERLOCAL COOPERATION AGREEMENT Between THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and THE CITY OF DENTON for IMPLEMENTATION OF THE THOROUGHFARE ASSESSMENT PROGRAM WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as the Metropolitan Planning Organization for the Dallas -Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal. law; and,. WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected officials, is the regional transportation policy body associated with NCTCOG and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, it is the goal of the RTC to offer a transportation system that is accessible, integrated, efficient, and provides for a diverse and flexible set of transportation options; and, WHEREAS, on October 9, 2003, the RTC approved funding for implementation of Phase 3 of the Thoroughfare Assessment Program in the Dallas -Fort Worth Metropolitan Area for the implementation of low-cost operational improvements at signalized intersections; and, WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code provides authority for the North Central Texas Council of Governments, and the City of Denton to enter into this agreement for the provision of governmental functions and services of mutual interest. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: 1. Parties 1.1 This Interlocal Agreement, hereinafter referred to as the "Agreement', is made and entered into by and between the North Central Texas Council of Governments, hereinafter referred to as "NCTCOG", and the City of Denton, hereinafter referred to as the "City'. NCTCOG and the City may each be referred to as a "Party', and may be collectively referred to as "Parties" to this agreement. 1.2 NCTCOG shall serve as the Contract Manager and Procurement Administrator for the Project. 2. Purpose 2.1 This Agreement defines the terms and conditions for the disbursement of Congestion Mitigation and Air Quality Improvement. Program (CMAQ) and Surface Transportation Program -Metropolitan Mobility (STP-MM) funds and associated state and local Interlocal Cooperation Agreement Page 1 NCTCOG and City of Denton matching funds collected by NCTCOG for the implementation of traffic flow improvements. 2.2 Improvements under this Agreement, implemented through the Thoroughfare Assessment Program as authorized by the Regional Transportation Council, shall be employed at signalized intersections in the City of Denton. 2.3 Improvements shall be made to approximately 30 off -system locations and approximately 26 on -system locations under this Agreement. 3. Duties 3.1 NCTCOG shall be responsible for project monitoring; Geographical Information Systems (GIS) database integration; air quality benefit calculations and documentation. 3.2 NCTCOG's engineering consultant(s) will provide signal -timing improvements at the intersection locations identified in Attachment A. 3.3 The consultant(s) will be responsible for the following: field data collection; development, implementation, and fine-tuning of new coordinated signal timing plans; verification of work implemented at each location; and any and all required documentation of "Before" and "After' conditions. 3.4 The City will work with NCTCOG's engineering consultant(s) to identify relevant signal timing elements/requirements at and related to the project intersections; review the developed new signal timing plans; approve all timing plans prior to implementation; and assist with fine tuning. 4. Funding 4.1 The total project cost estimate for this Agreement is $302,400. 4.2 Attachment A includes a project cost estimate summary. 4.3 CMAQ and/or STP-MM programs will fund 80 percent of the project cost for on - systems locations. 4.4 Under a separate agreement between the Texas Department of Transportation (TxDOT) and NCTCOG, TxDOT will provide the 20 percent local match required for the 26 intersections located on the state highway system. 4.5 The City shall provide total funding equivalent to the cost of signal retiming at the off - system locations. The City shall provide a warrant check payable to the North Central Texas Council of Governments in the amount of $162,000. 4.6 NCTCOG will request reimbursement from TxDOT for 80 percent of the project cost for the off -system locations. Funding provided by the City will pay for the required 20 percent local match. The remaining funding provided by the City will support NCTCOG Air Quality implementation programs. Interlocal Cooperation Agreement Page 2 NCTCOG and City of Denton 4.7 The City shall remit additional payments to NCTCOG in the event that the actual cost of implementation of the Thoroughfare Assessment Program is greater than the estimated cost identified in this Agreement. 4.8 Upon completion of the project, any excess funds for off -system locations shall be reimbursed by NCTCOG to the City. 5. Term 5.1 This agreement shall take effect on the date executed by the Parties and shall remain in effect until it is terminated. 5.2 Either Party may terminate this Agreement by giving 30 days written notice to the other Parry. The Parties may terminate this Agreement by mutual written concurrence. 5.3 This Agreement shall automatically terminate upon completion of the project. 6. Modification, Waiver and Severability 6.1 This Agreement and any exhibits, which may be attached, constitute the entire agreement among the Parties. No waiver or modification of this Agreement shall be valid unless in writing and signed by both Parties. Failure of the Parties to enforce or ist-upon-cothL-terns-and-conditions of tN"greement-sha"ot constitute a waiver or relinquishment of any such terms and conditions. 6:2 In the event that any one or more or the provisions of 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 provisions thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6.3 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. Interlocal Cooperation Agreement Page 3 NCTCOG and City of Denton IN WITNESS HEREOF th parties have executed this Agreement in duplicate originals on the day of �2. 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