1998-416AN 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 PER MINUTE ORDER
102542, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING
AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the C~ty Manager ~s hereby authorized to execute a Congestion M~ttgatmn
and A~r Quahty Improvements Agreement between the C~ty of Denton and the Texas Department
of Transportation for the furmsinng and installing of traffic s~gnals by a mumc~pahty per Minute
Order 102542 and the C~ty ~s authorized to partm~pate m the development and construction of the
project as set forth m the Agreement, a copy of winch ~s attached hereto and incorporated by
reference hereto
SECTION II That the C~ty Council hereby anthonzes the expenditure of funds as prowded
m the Agreement
SECTION III That tins ordinance shall become effective ~mmexhately upon ~ts passage and
approval
/~ tZ-t~ /~/~/~ ~J ) 1998
PASSED AND APPROVED tins the ~ day of-,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
STATE OF TEXAS §
COLrNTY OF TKAVIS §
CONGESTION MITIGATION AND AIR QU~.Ls'I'Y IM~PROVEMENT
AGREEM]gNT FOR THE FURNIStG AND INSTALLING OF
~C SIGNALS BY A MUNIcIFALrrY
THIS AGKE~, is made by and betweeu the State of Texas, acting through the Texas
Dep~;.,,ent of Transportation, hereinafter ealled the"State," and the City of Dcu~on ,
Denton County, Texas, herdnaf~er called the "City," acting by and through its duly
authorized officers.
WITNESSET~
WHEREAS, the l. utermodal Surface Transportation F.,fficiancy Act of 1991 CISTEA"),
codified under Titl~ 23 U.S.C. Section 101 est. seq., estabI/shes the National Intermodal
Transportation System that is economically efficient and environmentally sound, provides the
foundation for the nation to compele in ~he global eeouomy, and will move people and goods in
an energy dfici~nt m.nn~r; and
WHEREAS, Title 23 U.S.C. Section 149 es(abtishes a congestion mitigation and air
q,,uC~r impwvement program ("CMAQ") to contn~)ute to the attainr~nt of a national ambient air
quality siandard to be implemented by the b-'tate~ Transportation Agendes; and
WHEKEAS, Title 23 U.S.C. Section 134 establishes that Metropolitan plnnnln.q
Orgsni~ation~ ("MPOs") and the States' Transportation Agencies develop transportation plans
md programs for urbu.i~_ed areas of the S~e; and
WHEKEAS, the Project has been des~ansted as a federal-aid proje~ and thus this
Agreement shnll be n~de in accords.ce with Federal Highway Admi-~ration (FHWA)
procedures and regulations; and
CMAQ:FI3D 1 of 13 6-98
CITY FORCES 100% Dallas District(MOD)
WHEREAS, the State is empowered under emstmg laws to operate and mamtam a system
of h,ghways and roadways for pubhc use and benefit, and
WHEREAS, the Cay has offered to part,ctpate m the development and construction of the
ProJect as defined elsewhere m t.h)s Agreement, and
WHEREAS, ontlus ~ day of~ Q/_~,~/77~ P~ , 19 d]~¢. the C~ty
Coumt passed ordmance No - , attached hereto and ,dent,fled
as Exh,b,t "D," authorizing the Cay's partlc,patlon m the development and construction of the
Project, and
WHEREAS, T~tle 23 U S C Section 120 estabhshes the Federal share of funding for
CMAQ programs mvolmg the procurement and mstallet~on of traffic s,gnals as defined elsewhere
m th,s Agreement, and
WHEREAS, the Cay has requested the State to rem,.burse the Federal allowable
percentage of the cost of mstalhng traffic stgnals and other ttems durectly related to the operat,on
of an intersection at the locaUons estabhshed hereto, hereinafter called the "Project," and
WHEREAS, the State ,nH secure the federal cost share, and reunburse the Cay for their
appropriate cost assocmted w~th the Project as defined elsewhere m th~s Agreement, and
WHEREAS, on the 29th day of ~;[¥ ,19 93 , the Texas Transportation
Comrmss,on passed Minute Order 102~42 authorizing the ProJect through the State
Transportatmn Improvement Progr~m~ and
WHEREAS, the State and the Cay are authorized under Article 6673b, V T C S to enter
into th,s Agreement for the purposes defined hereto,
NOW THEREFORE, m consideration of the prerrnses and of the nmtual covenants and
agreements of the part;es hereto to be by them respectively kept and perfom~d as hereinafter set
forth, ~t ,s agreed as follows
CMAQ FED 2 of 13 6-98
CITY FORCES 100% Dallas D~stnctCMOD)
ARTICLE 1 CONTRACT PERIOD
This Agreement becomes effective on final execution by the State and shah remain m effect as
long as said traffic signal(s) is/are m operation at the described location(s) and the signal project is
incomplete, or unless otherwise terrmnated or modified as hereinafter provided
ARTICLE 2. WARRANTING DATA
The City wull be responsible for collecting and preparing the reqmred warranting and justification
data for each signahzed intersection The data w~ be furnished to the State tn a format approved
by the State Only those mterseetions that are warramed and approved by the State will be
ehg~ble for signahzation under this agreement
ARTICLE 3. INTERSECTION LOCATIONS
A. All State-approved intersections which are included as part of the "On State Faghway
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 I-hghway System" wtll be
acknowledged m Exhibit "B," attached hereto and made a part of this Agreement
ARTICLE 4. CONSTRUCTION RESPONSIBILITIES
A. The plans assocmted with the construction of the traffic signals ~ be developed by the
City, unless noted otherwise m paragraph "C" below The construction plans, which v, nll require
final approval by the State, shah be prepared m aceordnnee wuth the latest edition of the Texas
Manual on Uniform Traffic Control Devices (TMUTCD)
B. The C~ty will construct the Project vath C~ty forces tn accordance vath the plan~ and the
TMUTCD Any variations will be noted in paragraph "C" below
C. Vanauons
ARTICLE 5. INSPECTION OF WORK
A. The State will make statable, frequent, and complete inspection of materials and
equipment, and the work of mst~__l!at~on sufficient to detertmne and permit certn~catlon that the
CMAQ FED 3 of 13 6-98
CITY FORCES 100% Dallas l:hsmct(MOD)
Project and as components meet all apphcable requirements of the plans and specifications m
statable condmon for operation and maintenance by the C~ty after its completion
B. The City shall provide opponunmes, fae~ht~es, and representative samples, as may be
reqmred, to enable the State to carry on suitable, frequent, and complete mspecUon of materials
and apphcation meihods, sufficient to afford determination and certtficaUon by the State that all
pans of the installation and the component materials comply with the reqmrements of the
approved plans and specn'icatlons The State will promptly notttq] the c~ty 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 w~thout delay
C. The State shall make random mspecUons of 25% of the work and eqmpment on tins
project If it is later deterrmned that any materials not m~nally respected by the State d~d not
comply with the reqmrements of Ibc approved plans and specifications or any apphcat~on methods
were not sufficient at any time during tins contract or after this contract has terminated, the State
will promptly notify the C~ty of these ~tems and the C~ty shall take such measures as necessary to
obtain ace.~able systems components and installation procedures w~thout delay at their own
expense
ARTICLE 6. PERSONNEL, EQUIPMENT AND MATERIAL
The City shall use labor and supervisory personnel employed du'ectly by the City, and use City-
owned machinery, equipment, and veincles necessary for the work In the event that the City
does not have the necessary machinery, eqmpment, and vehicles necessary to perform the work,
they will follow apphcable federal and state laws, rules, and regulations relating to procurement
of goods and sermces w~th federal and state funds and aocountmg for federal and state funds
These apphcable reqmrements may include the following
(1) Enguleermg and architectural sermces must be procured m accordance with 23
CRF 172 and vath Texas Government Code 2254 subchapter A
(2) In the event the City awards contracts for construction semces or performs work
with City forces, the City will conform w~th 23 CFR 635 and 23 CFR 633, as apphcable FHWA
Form 1273 shall be mcinded tn any contracts awarded for construction The State will rexaew
and approve the contract letting and award process of the City prior to the letting of such
CMAQ FED 4 of 13 6-98
CITY FORCES 100% Dallas l~stnc(MOD)
contracts In the event the Cxty performs force account work, the Ctty mast comply w~th 23 CFR
635 Part B, which re. qmres that a finding of cost effectxvaness be made
ARTICLE 7. COMPENSATION
A The maxumum total project cost wtthout modification ~s $ 126.000
A cost estLmate of the work authorized for each mtersectmn hsted m Exhibits "A" and "B" shall
be prowded m Exhibit "C," attached hereto and made a part of th~s Agreement
B. The State wdl remaburse the City the cost of furnishing and installing the traffic s~gnal
eqmpment according to the location and manner of construction as shown and described tn the
plans and specLfieatlons The State wdl reimburse the C~ty for up to $ 93.000 for the allowable
costs for the locations descn'bed m Exln'b~t "A" The remaining $ 33.000 will be considered
a local contribution
The State's d~rect costs for the State's rewew and processing for the work completed at the
locations described m ExhOrt "B" on tiaa agreement shall be $ N/A, Th~s amount
~s N/A % of the total est~m~_.t.e m Exhibtt "C" for the locations hsted m Exlu~ott "B" The C~ty
w~ll be respuns~le for N/A % of these costs, whtch should be deduced from their retmbursement
of allowable expenses Any md~rect costs w~ll be m accordance w~th the State's Indirect Cost
Recovery Plan
C The State will reimburse the Ctty for properly supported costs recurred under the terms
and conditions of tim Agreement Costs recurred prior to the tssuance of a written 'Work Order"
by the State wall not be reunbursed except for materuds already on hand Reimbursement w~ll be
made by the State to the Ctty for labor, equtpment use, materials, supphes, travel expenses, and
warehous~ or material handling charges prowded the C~ty has pa~d from C~ty funds their
obhgaaons covering ~t~ms of costs premously balled
D The City sh~!! comply vath the cost pnnclples estabhshed m OMB Circular A-87, "Cost
Pnnc~ples for State and Local Governments"
CMAQ FED 5 of 13 6-98
CITY FORCES 100% Dallas DlStnc(MOD)
ARTICLE 8. PAYMENTS
A The City shah subrmt the State's Form 132, Bdlmg Statement, or other type of invoice
acceptable to the State upon completion and final mspecnon of the ProJect (or on a quarterly basis
wherever the work and materials promded for and comemplated under th~s comract have been
found by the State, based upon an mspeetton made by the State to be satisfactorily completed and
installed on any mdiwdual stgnahzed intersection and/or section of roadway as approved by the
State for partial acceptance by letter) for the work and/or eqmpment 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 Deoasiatent of Transportation
Atm. Director of Transpomt~on Operat~0ns
PO Box 3067
Dallaq. TX 75221-3067
C. All bdlmg statements shall be properly documented, summarizing the costs by description
of work performed, quanmy of materials and demces, unit price, labor costs, and extenstons
D. The State vail make payment to the Ctty within thn'ty (30) days fi.om receipt of the City's
request for payment, proxaded that the request is properly prepared, executed, and documented
E. Unsupported charges or charges after final acceptance by the State will not be eonstdered
ehgible for rem~bursement If apphcable or necessary, the State wall prepare a final audit upon
completmn of the work anthonzed or at any t~m~ an andtt ts deemed to be m the best interest of
the State
ARTICLE 9. TERMINATION
A This agreement may be tenmnated by one of the following conchtmns
(1) By mutual agreement and consent of both pames
(2) By the State g~wng written notice to the City as a consequence of fiulure by the
Cny to samfactonly perform the semces and obhgatlons set forth m tl~s
agreement, w~h proper allowances being made for c~rcumstances beyond the
control of the Ctty
CMAQ FED 6 of 13 6-98
CITY FORCES 100% Dallas D~stncOtlOD)
(3) By either party, upon thirty (30) days written notice to the other
If the agreement is terminated m accordance with the above provisions, the City will be
responsible for the payment of Projeet costs recurred by the State on behalf of the City up to the
time of temunat~on
(4) Upon completion of the terms of this agreement
B The termination of tins agreement shall extinguish all rights, duties, obhgations and hab~hties
of the State and C~y under this agreement If the potential termination of this agreement is due
to the failure of the City to fulfill its contractual obhgations as set forth hereto, the State will
notify the C~ty that possible breach of contract has occurred The City should make every effort
to remedy the breach as outlined by the State wlthm a period mutually agreed upon by both
pames
ARTICLE 10. INDEMIqlFICATION
The City acknowledges that it is not an agent, servant, or employee of the State, and that ~t is
respons~le 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 terrmnaUon of the
Agreement, and any increased cost arising from the C~ty's default, breach of contract, or molatlon
of terms shall be paid by the C~ty Tim Agreement shall not be considered as specifying the
exclusive remedy for any default, but all remedies ex~stmg at law and m equity may be availed of
by either party and shall be cumulauve
ARTICLE 12. DISPUTES
The City shall be respons~le for the settlement of all contractual and adwamstrative issues arising
out of procurement entered into in support of contract work
In the event of a dispute concermng the work performed hereunder the Executive Director of the
State shall act as referee, and his decision shall be final and binding
CMAQ FED 7 of 13 6-98
CITY FORCES 100% Dallas Ihstnc~MOD)
Any dispute concerning the work performed hereunder, the cost of work performed hereunder, or
any non-procurement ~ssue shall be settled m accordance with Title 43, Texas Administrative
Code, Section 1 68, "Contract Claim Procedure"
ARTICLE 13. SUBCONTRACTS
Any subcontract for sennces rendered by md~wduals or orgamzat~ons not a part of the C~ty's
organw_ation shall not be executed without prior authorization and approval of the subcontract by
the State and, when federal funds are revolved, the U S Depa~i~xxent of Transpoaat~on
Subcontracts m excess of $25,000 shall contmn all reqmred prowslons of this contract
No subcontract will reheve the C~ty of its responsibd~ty under this contract
ARTICLE 14. AMENDMENTS
Changes m the 0me frame, character, respons~tht~es or obhgations authorized hereto shall be
enacted by wi~ilen amendment Any amendment to tlna Agreement must be executed by both
pafaes
ARTICLE 15. I~ISURANCE (Mark out the following paragraph that is not apphcable)
Prior to the C~'y performing any work on tlus Project, the City shall furmsh to the State a
completed Certtficete of Insurance (Form 20 102, latest version) and shall maintain the insurance
m full force and effect as long as this Project lasts
B. Self Insured
Prior to the C~y perfo~.,ng any work on tins Project, the C~:y shall furnish to the State a
completed Certtticatmn of Insurance (Form 20 102, latest version) and shsll maintain its self-
insurance program m full force and effe~ as long as th~s Project lasts The State understands that
the C~ty iS a self manred entity for pubhc habihty purposes
ARTICLE 16. SUCCESSORS AND ASSIGNS
The Oty shsl! not assign or otherw~e tr~.nsfer as rights or obhgations under ttus Agreement
except w~th the prior written consent of the State
CMAQ.FED 8 of 13 6-98
CITY FORCES 100% Dallas D~stnct(MOD)
ARTICLE 17. INSPECTION OF CITY'S BOOKS AND RECORDS
The State ,shall, for purpose of termm~tion of the agreement prior to completion, examine the
books and, records of the C~y for the purpose of checking the amount of the work performed
and/or materials furnished by the City at the tune of contract termination The City shall maintain
all books, documents, papers, accounting records and other documentation relating to costs
recurred under this contract and shall make such materials available to the State, Federal I-hghway
Adrramstratlon (FI-I'WA) or its duly authorized representatives for rewew and inspection at its
office dunng the con~ract period and for four (4) years from the date of final
acceptance of the work defined under fins contract, or until pending htigation or audits are
completely resolved Add~tionally, the State, FHWA and its duly authorized representauves shall
have access to all records of the ClOd which are du-ectly apphc~ble to th~s agreement for the
purpose of m~lcing au&ts, exam~uaUons, excerpts and transcriptions
ARTICLE 18. LEGAL CONSTRUCTION
In case any one or more of the prowslons contained m tbs Agreement shall for any reason be held
to be mvahd, dlegal, or unenforceable m say respect, such mvahday, dlegahty, or unenforceab~hty
shall not affect any other prowslon thereof, and th~s Agreement shall be construed as if such
invalid, illegal, or unenforceable provision had never been contmned herein
ARTICLE 19. GOVERNING LAWS AND VENUE
Tins Agreement shall be construed under and m accordance vath the laws of the State of Texas
Any legal actions regarding the part~es' obhgatlons under fins Agreo~maut must be filed m Traws
County, Texas
ARTICLE 20. PRIOR AGREEMENTS SUPERSEDED
Tins Agreement con~t~utes the sole and only agreement of the pames hereto and supersedes any
prior un~s or w~aten or oral agreements between the pames respecting the w~hm
subject matter
ARTICL~ 21. OMB A-133 AUDIT REQUIREMENTS
The City shall comply w~th the req~.nts of OMB Cu~c~d~r A-133, "Auchts of States, Local
Governments, and Non-Profit Or~ni~t~ons" and shall promptly furm~h the State a copy of each
aucht report
CMAQ FED 9 of 13 6-9~
CITY FORCES 100% Dallas DlstnciMOD)
The City shall be respons~le for any funds determined to be mehgible for federal remtbursemem,
and shall reimburse the State the amount of any such funds previously provided to it by the State
ARTICLE 22. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS
The City shall adhere to the procurement standards estabhshed Title 49 CFR Part 18 36 and the
property management standards established m T~tle 49 CFR Part 18 32
The City shall maintain procurement standards which meet or exceed the requtrements, as
appropriate, outlined m the Federal Office of Management and Budget Clrculgr A-87, Cost
Pnnaples for State and Local Oovemments
ARTICLE 23 COMPLIANCE WITH LAWS
The C~ty shall comply with all federal, state and local laws, statutes, ordinances, roles and
regulations, and the orders and decrees of any court, admm~stration bodies, or tn'bunals m any
matter affecting the performance of the agreement, including without hm~tatlon, worker's
compensation laws, mm~rm~m and ma~n-n~m salary and wage statutes and regulations, and
hcensmg laws, peu~ts and regulations When reqmred, the City shall furmsh the State with
satisfacto~ proof of comphance
ARTICLE 24. CIVIL RIGHTS COMPLIANCE
During the performance of this contract, the City, for itself, its assignees and anccessors m mterest
(hereinafter referred to as the "City"), agrees as follows
(1) Comp!,snce wah Regulations The City shall comply with the regulations relative
to nondiser~rrnnatlon m Federally assisted programs of the U S Departrn~nt of Transportation,
Title 49, Code of Federal Regulations, Part 21 and Title 23, Code of Federal Regulations, Pan
710 405(b), as they may be amended from t,m~ to tune (heremAfl~er referred to as the Regulations),
which are herein mootporated by reference and made a part of this contract
(2) Non&scormnation. The City, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, sex, or national ongm m the
selection and retention of subcontractors, including procurements of matenals and leases of
equipment The Cn'y shall not participate by Section 21 5 and Part 710 405(h) of the Regulations,
CMAQ FED 10 of 13 6-98
CITY FORCES 100% Dallas D~stncl(MOD)
including employment pracuces when the contract covers a program set forth m Appendm B of
the Regulations
(3) Sohcltat~ons for Subcontracts, Including Procuremems of Materials and
Eqmpment In all sohcitanons e~ther by competitive b~ddmg or negotmion made by the Oty for
work to be performed under a subcontract, including procurements of materials or leases of
eqmpment, each potantlal subcontractor or suppher shall be notified by the Oty of the Oty's
obhgatmns under this contract and the Regulauons relative to non&scmnmat~on on the grounds
of race, color, sex, or naUonal ongm
(4) Information and Reports The Cay shall promde all mformat~on and reports
reqmred by the Reguhtlons, or {hrecUves ~ssued pursuant thereto, and shall pe~uJ~i access to its
books, records, accounts, other sources of reformation, and its facflXles as may be dcterrmned by
the Texas Department of Transportation or the U S Department of Trauspo~at~on to be pertinent
to ascertain comphance w~th such Regulations or d~rect~ves Where any reformation requrred of a
Cay ~s m the exclusive possession of another who lath or refuses to furmsh th~s reformation, the
Ctty shall so certify to the Texas Department of Trausportat~on or the U S Departmeut of
Transportation, as appropriate, and shall set forth what efforts tt has made to obtain the
m formation
(5) Sanctions for Noncomphance In the event of the Cay's noncomphance ,nth the
non&sco~nAtion prowsions of th~ contract, the Texas Depa~i,,.~ut of Transportation shall
cmpose such contract sanct~ous it or the U S Depa~l~eut of Transportation may dcterrmne to be
appropriate, including, but not hm~ted to
(a) vathholding of payments to the Oty under the
conlract until the C~ty complies and/or
(b) cancellai~on, tenmnat~on, or suspension of the
contract, in whole or m pan
(6) Incorporation of Provisxons: The Cay shall include the prows~ous of paragraphs (1)
through {6) in every subcontract, moinding procurements of materials and leases of eqmpment,
unless exempt by the Regulattous or directrves ~ssued pursuant thereto The Oty shall take such
action vnth respect to any subcontract or procurement as the Texas Department of Transportation
CMAQ FED 11 of 13 6-98
CITY FORCES 100% Dallas Ihsmc~vlOD)
or the U S Department of Transportation may dvcect as a means of enforcing such prows~ons
including sanctions for noncomphance, prowded however that m the event a C~ty becomes
revolved m, or is threatened wtth htlgatlon with a subcontractor or suppher as a result of such
d~rect~on, the City may request the Texas Department of Transportation to enter into such
htigatlon to protect the interests of the State, and, tn addition, the C~ty may request the Umted
States to enter into such hUgat~on to protect the interests of the Unned States
ARTICLE 25. EQUAL EMPLOYMENT OPPORTUNITY
The City agrees to comply with Executive Order 11246 emltled "Equal Employment
Opportumty" as amended by Executive Order 11375 and as supplemented tn Department of
Labor Regulations (41 CFR 60)
ARTICLE 26. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
It is the pohcy of the Department of Transportation that Minority Business Emerpnses as defined
tn 49 CFR Part 23, Subpart A, shall have the maximum opportunity to pameipate m the
performance of contracts financed m whole or tn part with Federal funds Consequently, the
Minority Business Enterprise requirement of 49 CFR Pan 23, exclusive of Subpan D, apply to
this contract as follows
(1) The City agrees to insure that Minority Business Emerpnses as defined m 49 CFR
23, Subpart A, have the max~rra~m opportumty to participate ua the performance of comracts and
subcontracts financed m whole or m pan vath Federal funds In tins regard, the City shall take all
necessary and reasonable steps ua accordance with 49 CFR Pan 23, exclusive of Subpan D, to
insure that Minority Business Enterpmes have the maxmmm opportumty to compete for and
perform contracts
(2) The City and any Subcontractors shall not discvmmate on the bas~s of race, color,
national onion or sex m the award and performance of contracts funded tn whole or part with
Federal funds
(3) These requirements shall be physically included tn any subcontract
(4) Fatlure to carry out the requirements set forth above shall constitute a breach of
contract and, after the not~fication of the Department, may result m termination of the contract by
the State or other such remedy as the State deems appropriate
CMAQ FED 12 of 13 6-98
CITY FORCES 100% Dallas D~smct(MOD)
ARTICLE 2'/. DEBARMENT CER't'~iCATION (APPLICABLE TO
AOREF2~I~ES WttICH EXCEED $100,000)
The City is prohibited from ,fairing any awar~ at any tier to any party which is debarred or
suspended or otherwise excluded from or ineligible for participation in federal assistance
programs under Ex~mtive Order 12549, Debarment and Suspension. The City shall require any
party to a subcontract or purchase order awarded under thi~ comraet as specified in Title 49 of
the Code of Federal Regulation, Par~ 29 (Debarment and Suspension) to .certify its eligibility to
receive federal funds and, when requested by the State, to finnish a copy of the cerfifica6on.
IN V~fii~F3$ WHEI~OF, the State and the City have signed duplicate counterparts of
this Agreement.
The.City
Ci[y Hanager
TI-IE STATE OF TEXAS
Executed for the Execmive Director and
approv~ for the Texas Transportation
Commission under the Authorily of Minute
Order t00002 and Stand Alone Manual
Notice 98-~, for the purpose and effect
of activating and/or cra'tying out the orders,
established policies or work programs by
the Texas Transportation Commission.
December 8~ 1998
(E~ate)
ATTEST:
APPROVED:
Director, General Services Division
CMAQ:b"ED 13 of 13 6-98
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Traffic Signal Controller and Cabinet Upgrade
Along ItWY 77 (Elm and Locust)
NORTHBOUND
I-IWY 77 (Locus0 at Sycamore Street
HWY 77 (Locust) at ltickory Street
ItWY 77 (Locust) at Oak Street
HWY' 77 (Locust) at Mcganney Street
HWY 77 (Locust) at Parkway Street
SOUTHBOUND
IIWY 77 (Elm) at Parkway Street
HWY 77 (Elm) at McKlnney Steer
HWY 77 (Elm) at Oak Street
HWY' 77 (Elm) at ltlckory Street
HWY 77 (Elm) at Sycamore Street
Exhibit ~B"
Traffic S~gnal Controller Up~ade
Hwy ']7 (~lm and Locust)
At Syc~o~e, ~cto~, Oak, Mc~ey ~d P~kway
~nto~, Tex~
Cabinet ~d Con,oiler (P~K SC3~)
EIm~Sycamore $ 8300 ~ $ 83~
~ctor Card 1 ~ 5~ ~ 5~
Elm~hcko~ & O~ 83~ ~ 8300
~tector C~d 2 ~ 500 ~ 1~0
EIm~c~ey 83~ ~ 83~
~tector C~d i ~ 5~ ~ 5~
EIm~ay 13~ ~ 13~
~tector Card 1 ~ 5~ ~ 500
~cust~Syc~ore 83~ ~ 83~
~ctor C~d 1 ~ 5~ ~ 5~
~c~cko~ & O~ 83~ ~ 83~
~tecmr C~d 2 ~ 5~ ~ 5~
~cust~c~ey 83~ O0 83~
~cWr C~d 1 ~ 5~ ~ 5~
~cust~y 83~ ~ 83~
~tector C~d 1 ~ 5~ ~ 5~
Concrete Work
ReUofit e~sUng b~ 4 ~ 5~ 00 2~
Elecmcnl Co~ecton 3~ ~ 3~
~r
Di~ctor 10 ~ 38 02 3~0
Tr~aUon M~a~r 30 ~ 23 49 704
Tm~e Sl~ Tech II 1~ 17 95 1795
Trn~o 5i~al Tech I1 1~ 12 97 1297
Tm~o 5i~1 Tech I 50 ~ 11 58 579
T~e 5i~al Tech I 50 ~ 11 58 579
Co~l~t
Tra~c End.er 1~ 75 ~ 75~-~
TOT~ $ 86,0~.~