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1996-098J \WPDOCS\ORD\TRAFFIC ORD ORDINANCE NO Q --Oq 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 ~itlgatlon 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 constructlon of the pro]ect as set forth in the Agreement, a copy of which is attached hereto and incorporated by reference hereln. 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 /~ day of ~__, 1996. BOB'CASTLEBERRY, MAY~ ~ / ATTEST: JENNIFER WALTERS, CITY SECRETARY AP~VED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 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 Governments. a Metropohtan Planmng Orgamzation, 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 WIINESSt~IH Vfr{EREAS, the Imermodal 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 econonucally efficient and envaronmentally sound, prowdes the foundation for the nation to compete m the global economy, and will move people and goods m an energy efficient manner, and WHEREAS, Title 23 U S C Section 149 establishes a congestion mitigation and mr quality improvement program ("CMAQ") to contribute to the attmnment ora national ambient mr quality standard to be implemented by the States' Transportation Agencies, and WHEREAS, Title 23 U S C Section 134 establishes that Metropolitan Planmng Organizations ("MPO's") and the States' Transportation Agencies develop transportation plans and programs for urbamzed areas of the State, and WHEREAS, Title 23 U S C Section 120 establishes the Federal share of fundmg for CMAQ programs involving the procurement and installation of traffic signals as defined elsewhere in tbas agreement, and WHEREAS, the State is empowered under exmmg laws to operate and mamta~n a system of highways and roadways for pubhc use and benefit, and WHEREAS, The City has requested the State to reimburse the Federal allowable percentage of the cost 1-95 CMAQ FED CITY FORCES 100% Sheet 1 of 9 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 WHEREAS, the ProJect has been designated as a federal-aid project and thus tlus agreement shall be made in accordance wath Federal I~ghway Adrmmstratlon (FHWA) procedures and regulations, and WHEREAS, the City has offered to participate in the development and construction of the ProJect as defined elsewhere in tins agreement, and WHEREAS, on tins /~,1~ day of._~.~.~, 19 qt/~. the City Council passed Resolutlo~ q0 -tgl~ ? , attached hereto and identified as Exiublt "E", authorizing the City's participation m the development and construction of the Project, and WHEREAS, the State wall secure the federal cost share, and reimburse the City for their appropriate cost associated with the project as defined elsewhere in tins agreement, and WHEREAS, on the 29th day of July ,19 93 , the Texas Transportation Cormmsslon passed Iv~nute Order 1(12542 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 tins agreement for the purposes defined herein, AGREEMENI 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 heremat~er set forth, it is agreed as follows ARTICLE 1. CONTRACT PERIOD Tins agreement becomes effective on final execution by the State and shall remmn 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 terrmnated or modified as heremaf~er provided ARTICLE 2 WARRANTING DATA The C~ty wall be responsible for collecting and prepanng the required warranting and justification data for each slgnahzed intersection The data will be furmshed to the State in a format approved by the State Only those CMAQ FED 1-95 CITY FORCES 100% Sheet 2 of 9 ,ntersections that are warranted and approved by the State will be ehg,ble for s,gnallzat,on under th, s agreement ARTICLE 3 INTERSECTION LOCATIONS A. All State-approved intersect,ohs wbach are included as part o£the "On State Highway System" will be acknowledged in Extubit "A", attached hereto and made a part ertl'us agreement B. All State-approved intersections which are "OffState I-hghway System" will be acknowledged in Exhibit "B". attached hereto and made a part oftlus agreement ARTICLE 4. CONSTRUCTION RESPONSIBILITIES A. The plans associated w~th the construction of the traffic signals will be developed by the C,ty, unless noted otherwise in paragraph "C" below The constructmn plans, wtuch vall require final approval by the State. shall be prepared In accordance w,th the latest edition of the Texas Manual on Un,form Traffic Control Devices (TMUTCD) B The City vail construct the project with C,ty forces in accordance wnth the plans and the TMUTCD Any vanauons will be noted m paragraph "C" below C Variations NONE ARTICLE 5 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 perrmt certification that the Project and its components meet all applicable requirements of the plans and specifications in statable condition for operation and mmntenance by the City after ,ts completion B. The City shall provide opportumtles, facd,tles and representative samples, as may be required, to enable the State to carry on suitable, frequent, and complete inspection of all materials, and apphcation methods, sufficient to afford detemunauon 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 C,ty shall take such measures as necessary to obtain acceptable systems components and installation procedures w~thout delay CMAQ FED 1-95 CITY FORCES 100% Sheet 3 of 9 ARTICLE 6. PERSONNEL, EQUIPMENT AND MATERIAL A. The City shall use labor and supervisory personnel employed directly by the City, and use City-owned maclunery, equipment, and vehmles necessary for the work In the event that the City does not have the necassary mactunery, equipment, and vehicles necessary to perform the work, the macbanery, equipment, and vebaclas may be rented or leased as necessary at the low bid price subnntted by at least two approved bidders B. Reimbursement for the use of materials purchased by other than competitive bid procedures vail be made only if such procedures are shown to be in the public interest and provided the State shall have g~ven prior approval for the use of smd materials All materials used for the work shall be new and undepreciated ARTICLE 7 COMPENSATION A The moyamum amount under tbas agreement vathout modification is $ 4 7,329 90 A cost estimate of the work authorized for each intersection listed in Exlubits "A" and "B" shall be provided in Exlublt "C", attached hereto and made a part of this agreement B. The State will reimburse the City the cost of furmsbang and installing the traffic signal equipment according to the location and manner of construction as shown and dascnbed in the plans and specifications The State will reimburse the City for up to 100 % of the allowable costs for the locations described in Exlubit "A" The State will reimburse the City for up to 79 % of the allowable costs for those locations dascnbed in Exhibit "B" It Is estimated that the cost of construction inspection will be ~ % of the project construction costs 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 vail not be reimbursed except for materials already on hand Reimbursement vail 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 covenng items of costs previously billed 1). The City shall comply vath the cost pnnciples established in OMB Circular A-87, "Cost Pnnciples for State and Local Governments" ARTICLE 8 PAYMENTS A The City shall submat 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 tlus contract have been found by the State, based upon an inspection made 1-95 CMAQ FED CITY FORCES 100% Sheet 4 of 9 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 subnutted to the following address Texas Department of Transportation Attn.. Director of Transportation Operations PO Box 3067 Dalla.q TX 75221-3067 C. All billing statements shall be properly documented, summanzmg the costs by description of work performed, quantity of materials and devices, umt price, labor costs, and extensions D The State will make payment to the City wtthln tlurty (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 apphcable or necessary the State w~ll 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 Tbas agreement may be terminated by one of the following conditions (1) By mutual agreement and consent of both parties (2) By the State giwng written notice to the City as a consequence of f~ulure by the City to perform the services and obligations set forth in a satisfactory manner and wthln the hnuts prowded, with proper allowances being made for circumstances beyond the control of the City (3) By either party, upon tturty (30) days written notice to the other ARTICLE 10 INI)EMNIFICATION 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 of its agents or employees dunng the performance of cuntract work ARTICLE 11. REMEI)I]gS Violation or breach of contract terms by the City shall be grounds for ternunation of the agreement, and any increased cost arising from the City's default, breach of contract, or violation of terms shall be pa~d by the City This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies 1-95 CMAQ FED CITY FORCES 100% Sheet 5 of 9 ex~stmg at law and tn equity may be avaded of by either party and shall be cumulative ARTICLE 12 DISPUTES Should disputes arise as to responsibdmes and obhgations as set forth m th~s agreement, the State's dec]sion 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 m wntmg by the State In the event subcontracts are entered into by the C~ty, the subcontractors must adhere to the provisions oftlus agreement ARTICLE 14. AMENDMENTS Changes in the time flame, character, respons]bihtles, or obhgations authorized here~n shall be enacted by written amendment Any amendment to ttus agreement must be executed by both part,es ARTICLE 15. INSURANCE (Mark out the following paragraph that is not applicable) B. Prior to the City performing any work on tlus Project, the C~ty shall funush 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 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 obhgat~ons under this agreement except with the prior written consent of the State ARTICLE 17 INSPECTION OF CITY'S BOOKS AND RECORDS The State will, for purpose of tenmnatlon of the agreement prior to completion, exarmne the books and records of the City for the purpose of checking the amount of the work performed and/or materials furmshed by the C~ty 1 CMAQ FED CITY FORCES 100% Sheet 6 of 9 at the ume of contract ternunaUon The City shall mmntam all books, documents, papers, accounting records and other documentation relating to costs incurred under tlus contract and shall make such materials avmlable to the State, Federal I-hghway AdrmmstraUon (FHWA) or tts duly authorized representatives for review and mspectaon at its office dunng the contract period and for three (3) years from the date of final payment under flus contract or untd zmpendmg hugatton is resolved Addxttonally, the State, FHWA and its duly authorized representatzves shall have access to all records of the C~ty wluch are dtrectly apphcable to fins contract for the purpose of mal~ng audits, exanunaUons, excerpts and transcnpUons ARTICLE 18 LEGAL CONSTRUCTION In case any one or more of the provts~ons cont~uned m fins agreement shall for any reason, be held to be mvaltd, dlegal, or unenforceable m any respect, such mvaltd~ty, fllegahty, or unenforceabfitty shall not affect any other provision thereof and th~s agreement shall be construed as tf such mvahd, dlegal, or unenforceable proms~on had never been contained hereto ARTICLE 19. GOVERNING LAWS AND VENUE Ttus agreement shall be construed under and m accordance w~th the laws of the State of Texas Any legal acttons regardmg the pames obhgaUons under tins agreement must be filed In Traxas County, Texas ARTICLE 20. PRIOR AGREEMENTS SUPERSEDED Tins agreement eonsututes the sole and only agreement of the pames hereto and supersedes any prior understandings or written or oral agreements between the part,es respecung the w~ttun subject matter ARTICLE 21 OMB A-128 AUDIT REQUIREMENTS The Ctty shall comply with the reqmrements of the Single Audit Act of 1984, P L 98-502, ensunng that the single audit report includes the coverage stzpulated m 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 Tttle 49 CFR, Part 18 32 ARTICLE 23. PROPERTY MANAGEMENT STANDARDS The Ctty shall adhere to the property management standards set forth m Tztle 49 CFR, Part 18 36 ARTICLE 24 COMPLIANCE WITH LAWS The Ctty shall comply wtth all federal, state and local laws, statutes, ordinances, rules and regulauons, and the orders and decrees of any court, adnumstrauon bodies, or tribunals tn any matter affecting the performance of the 1-95 CMAQ FED CITY FORCES 100% Sheet 7 of 9 agreement, mcludmg vathout hnutat,on worker's compensat,on laws, mlmmum and mardmum salary and wage statutes and regulations, and hcensmg laws, perrmts and regulations When required, the City shall furmsh the State w,th satisfactory proof of comphance ARTICLE 25. CIVIL RIGHTS COMPLIANCE The City shall comply w~th the regulat,ons of the Department of Transportation as they relate to nondmcnrmnat, on (49 CFR 21 and 23 CFR 710 405 (B)), also Executive Order 11246 titled "Equal Employment Oppormmty", as amended by Executtve Order 11375 and as a supplemented m the Department of Labor regulations (41 CFR 60) ARTICLE 26 MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City agrees to comply vath the requirements set forth m Erdub~t "D", "Minority Bus, ness Enterprise Program Requirements" ARTICLE 27. ]DEBARMENT CERTIFICATIONS (APPLICABLE TO AGREEMENTS WHICH EXCEED $100.000) The C~ty xs prohibited from making any award at any t,er to any party wluch ;s debarred or suspended or otherwme excluded from or ineligible for partmlpatlon ,n federal assistance programs under Executive Order 12549, Debarment and Suspenmon The City shall require any party to a subcontract or purchase order awarded under thru contract as spemfied m T,tle 49 of the Code of Federal Regulat,on, Part 29 (Debarment and Suspenmon) to certify Its eh~blhty to receive federal funds and, when requested by the State. to furmsh a copy o£ the certtficatmn ARTICLE 25 TIME FRAME The construction of the improvements mttus contract shall be completed and operauonal by the 3 ! s t day of December ~ 19 96 CMAQ FED ! 95 CITY FORCES 100% Sheet 8 of 9 IN WITNESS WHEREOF, the State and the C;ty have s~gned duphcate counterparts of the agreement THE STATE OF TEXAS The C~~,~~ ff~-- Executed for the Executive Director and approved By ~ for the Texas Transportation Comnusmon under the (Name) Authority of Minute Order 100002 and AdnumstraUve Ctrcular 26-93, for the purpose and  effect of acuvatmg and/or carr3nng out the orders, estabhshed pohc~es or work programs by the Texas TransportaUon Commtss~on (Date) APPROVED ATTEST %~ ~ t~k~O~l~ By Dallas Dist~ct Engineer (~) ' ~ C~tySecretary APPROVED AS TO LEGAL FORM: Date , HERBERT L. PROUTY, CITY ATTORNEY / 1-95 CMAQ FED CITY FORCES 100% Sheet 9 of 9 Control: 918-46 MPO $1044 Eagle Drive and Bernard Street off system locations TRAFFIC SIGNAL INSTALLATION BERNARD AT EAGLE DRIVE Description Quanlty Cost/Quanlty Total Cost Signal Equipment 8C3000 Controller & Cabinet 1 7,000.00 7,000 O0 Pull Box 5 160.00 760.00 Pole Riser tO 35.00 850 O0 Loops 6' x 30' 8 500 O0 4,000 O0 4-Channel Power Supply 1 275.00 275 O0 4-Channel Detector Cards 3 800 O0 2,400 O0 Loop Sealant 3-M 5 160.00 800 O0 3-SECTION 81GNAL HEAD 8 200 O0 1,600.00 6-SECTION 81QNAL HEAD 2 300 O0 600 O0 Pedestrian Head8 6 160.00 800.00 Pedestrian 8tation~ign 6 50 O0 800 O0 8addle Mount Span Wire Aasy 10 75.00 750.00 Mleo Electrical Connectors I 200 O0 200 O0 Cable 16 Conductor 12 AWG 2000 1.50 3,000 O0 Loop Wire 2000 0.25 500 O0 Home Run Cable 1000 0.50 500 O0 Concrete Work Cabinet Sase I 350.00 350.00 Misc. Concrete Work I 5,000 O0 6,000 O0 81gna 8trast Signs with Hardware 4 75.00 800 O0 Pre-emption Optical Detector/Breakers 2 350 O0 700 O0 Card Rack 1 175 O0 175.00 4 Channel Optical Card 1 300 O0 300.00 Electric Distribution Install Wood Poles 4 2,000.00 8,000 O0 Install Span for 81gnal 1 1,500.00 1,500 O0 Traffic Personnel (Labor) Traffic Signal Tach. (4) 300 13 O0 8,900 O0 Traffic 8upewisor 20 18.12 362 40 Director 10 33 O0 330 O0 Pavement Markings Paint (5 Gallons) 2 0 O0 Markers Yellow Reflector 1 O0 1.00 100 O0 Buttons 100 0 50 50.00 Traffic Personnel (Labor) Traffic Maintenance Appr 37 5 9 O0 337 50 TOTAL 45,329 90 Exhibit "D" SPECIAL PROVISION MINORITY BUSINESS ENTERPRISE REQUIREMENTS It Is the pohcy of the Department of TransportaUon that Minority Business Enterprises as defined in 49 CFR Part 23, Subpart A, shall have the maximum oppormmty to pamc~pate in the performance of contracts financed ~n whole or m part w~th Federal funds Consequently, the M~nonty Bus~ness Enterprise requirements of 49 CFR Part 23, exclusive of Subpart D, apply to this contract as follows The C~ty agrees to ensure that Minority Business Enterprises, as defined ~n 49 CFR Part 23, Subpart A, have the mayamum opportemty to pamc~pate m the performance of contracts and subcontracts financed ~n whole or m part with Federal funds In th~s regard, the City shall take all nec, e~sary and reasonable steps m accordance w~th 49 CFR Part 23, exclusive of Subpart D, to ensure that Minority Bnsmess Enterprises have the mayamum opportumty to compete for and perform contracts The C~ty and any of Its subcontractors shall not &scnmlnate on the bas~s of race, color, nauonal ong~n or sex m the award and performance of contracts funded m whole or m part w~th Federal funds These reqmrements shall be physically included ~n any subcontract Failure to carry out the reqmrements set forth above shall consutute a breach of contract and, after the not~ficaUon of the Department, may result m term~nauon of the contract by the State or other such remedy as the State deems appropriate