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1996-150F \WPDOCS\ORD\TRAFFIC ORD ORDINANCE NO Q& '/mO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE ANAGREEMENT 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 M~tlGat~on and Air Quality Improvements AGreement between the Czty of Denton and the Texas Department of Transportation for the furn~sh~nG and ~nstall~ng of traffzc szGnals by a munzclpallty and the City zs authorized to partzclpate zn the development and constructlon of the project as set forth in the Agreement, a copy of whzch zs attached hereto and incorporated by reference herein SECTION II That the City Counczl hereby authorlzes the expendzture of funds as provided ~n the AGreement SECTION III That this ordinance shall become effectzve lmmedzately upon its passage and approval PASSED AND APPROVED thzs the ~ day of ~ , 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED 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 TRAFFIC SIGNALS (STATE CONTRACTED AND WITH A MUNICIPALITY PROVIDING LIMITED MATERIALS AND/OR LABOR AND/OR EQUIPMENT) THIS AGREEMENT, ~s made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the North Central Texas Councd of Governments. a Metropohtan Planmng Orgamzatmn, chartered under the laws of the State of Texas, acting by and through the c~ty of Denton . m Denton County, Texas, hereinafter called the "C~ty", acting by and through ~ts duly authorized officers WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under T~tle 23 U S C Section 101 est seq, estabhshes the National Intermodal Transportation System that ~s economically efficient and environmentally sound, prowdes the foundation for the nat~on to compete ~n the global economy and wdl move people and goods ~n an energy efficient manner, and WHEREAS, T~tle 23 U S C Section 149 estabhshes a congestion mmgat~on and mr quabty ~mprovement program ("CMAQ") to contribute to the attainment ora natmnal ambient mr quahty standard to be ~mplemented by the States' Transportatmn Agencies, and WHEREAS, T~tle 23 U S C Section 134 estabhshes that Metropobtan Planmng Orgamzat~ons ("M?O's") and the States' Transportation Agencies to develop transportation plans and programs for urbamzed areas of the State, and WHEREAS, T~tle 23 U S C Section 120 estabhshes the Federal share of funding for CMAQ programs ~nvolwng the procurement and mstallatton of traffic s~gnals as defined elsewhere ~n th~s agreement, and WHEREAS, the State ~s empowered under ex~stmg laws to operate and mamtmn a system of h~ghways CMAQ MAil 5-94 '~IAll II IIING Mill 101 IOI 10 and roadways for pubhc use and benefit, and WHEREAS, the C~ty has requested the State to reimburse the Federal allowable percentage of the cost of furmshlng and mstalhng traffic signal eqmpment at the intersections estabhshed herein, heremat~er called the "ProJect" and WHEREAS, the State and City wish to cooperate m the construction ofth~s Project, and WHEREAS, the City desires that eqmpment be provided that Is compatible with standard stgnal operation and/or ex~stmg C~ty eqmpment, and WHEREAS, It Is m the best mterest of the Oty and the State for the City to assist the State by furnishing and installing traffic s~gnal eqmpment on the Project, and 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 C~ty has offered to participate ~n the development and construction of the Project by as defined elsewhere m this contract, and WHEREAS, on the 2nd day of Julv 1996, th~ ~ n^~, ...... , are~'V~?he~eto ana iclentltied as Exhibit City Council passed ...........:/Ordinance No 9 6-150 '~'~:~//'~ ~' ~'~q'~'~' ¢~ "D" authorizing the C~ty's participation in the development of the Project, and WHEREAS, the State will secure the Federal cost share, and reimburse the City for their appropriate cost associated w~th the project as defined elsewhere m th~s agreement, and WHEREAS, on the 291h day of July , 19 93 , the Texas Transportation Comm~ssion 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 ~nto th~s agreement for the purposes defined herein, NOW THEREFORE, ~n consideration of the premises and of the mutual covenants and agreements of the pames hereto to be by them respectively kept and performed as hereinafter set forth, it ~s agreed as follows CMAQ % [ A 1 [ 5-94 MAll II IIING %11} I'~ 1 OF 20l 10 ARTICLE I CONTRACT PERIOD Thts agreement becomes effective on final executton by the State and shall remain tn effect as long as satd traffic mgnal eqmpment m m operatton at the descmbed location(s) and the Project ~s incomplete or unless otherwtse terminated or modified as heretnafter provided ARTICLE 2 WARRANTING DATA The C~ty wtll be responmble for collecting and prepanng the reqmred warranting and justtficatton data for each mgnahzed mtersectmn The data wtll be furmshed to the State ~n a format approved by the State Only those tntersecttons that are warranted and approved by the State wtll be ehgtble for mgnahzatton under thru agreement ARTICLE 3. INTERSECTION LOCATIONS A All State-approved mtersecttons whtch are included as part of the "On State H~ghway System" are acknowledged m Exhibit "A", attached hereto and made a part ofthts agreement B All State-approved mtersecttons which are "Off State H~ghway System" are acknowledged m Exh~btt "B" attached hereto and made a part of thru agreement ART1CLE 4 CONSTRUCTION RESPONSIBILITIES A The plans assoctated wtth the constructton of the traffic mgnal(s) wtll be developed by the Ctty, unless noted otherwise m paragraph "D" below The construction plans, whtch will reqmre final approval by the State, shall be prepared m accordance wtth the latest edition of the Texas Manual on Umform Traffic Control Dewces (TMUTCD) and umng Texas Department of Transportatton Standard Spectficattons Spectal Spectficat~ons Spectal Provmmns and Standard Sheets B The State will advertme for construction b~ds, let the constructton contract, or otherwme provtde for the constructton and will supervme the construction as reqmred by smd plans The State will secure the C~ty's concurrence of the constructton plans pmor to the award of the constructton contract C The furmshmg and/or mstalhng ora port~on of the traffic mgnal equipment may be part of the constructton to be undertaken by the C~ty, and the State wtll reimburse the Ctty for its contnbutton to the Project, as prescribed under Arttcle 6, "Compensatmn" D Vanattons None (MAQ '-, I A Il 5-94 '.,dAli ILl liN(, '-,III I I O1 3 O1 10 ARTICLE 5 PERSONNEL, EQUIPMENT AND MATERIAL A For any work related to the Project which Is to be performed by the City, the City shall use labor and supervisory personnel employed directly by the City, and use C~ty-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 m the public interest and provided the State shall have given prior approval for the use of said materials AIl materials used for the work shall be new and undepreclated ARTICLE 6 COMPENSATION A The State wdl reimburse the Clty up to 74 %ofthecostoffurmshmgand/orinstalhngCltytraffics~gnal equipment for locations described In Exhibit "A" The State will pay up to 74 % of the construction costs for locations described in Exhibit "A" The State will reimburse the City up to n/a % of the cost of furmshmg and/or installing the city traffic signal equipment for locations described m Exhibit "B" The State will pay up to n/a % of the construction costs for locations described in Exhibit "B" B The State will reimburse the C~ty 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 wdl 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 Cxty funds their obligations covenng items of costs previously billed C The City shall comply w~th the cost pnnc~ples established ~n OMB Circular A-87, "Cost Pnnc~ples for State and Local Governments" D The maximum amount that the City wtll be reimbursed under this agreement without modification Is $ 12.728.00 A cost estimate of the work authorized for each intersection hsted in Exhibits "A" and "B" shall be provided m Exhibit "C", attached hereto and made a part of this agreement E The C~ty shall remit a check or warrant, made payable to the Texas Department of Transportation, thtrty (30) days prior to the date set for the State to receive construction bids in the amount equal to CMAQ %TAS! I' 5-94 ~,TAF1 I ETTING bi.PI ()F 4 OF 10 (1 a) 26 % of the estimated contract bid items for locations described m Exhibit "A" (lb) ~/a % of the estimated contract bid items for locations described in Exhibit "B" (2) n/a % of the estimated engineering and contingencies (State inspection costs) for the contract bid items for locations described in Exhibit "B" (3) n/a % of the estimated State mspecnon costs for City furnished and/or installed traffic signal equipment for locations in Exhibit "B" (4) 100 % of any Federal non-participating costs It is estimated that the State inspection cost will be 5 % of construction cost The City check or warrant is $ 29.086.20 In the eve0t it is determined by the State that the initial amount submitted by the City for construction of the project is insufficient to cover the State's costs, the City will within thirty (30) days from the State's written notification, make additional funding available to the State Following completion and the State's acceptance of the project, the State will make a final audit of all costs associated with the project Upon completion of the final audit, any remaining funds due the City will be promptly returned ARTICLE 7 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 mspectton 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 Bflhng Statement should be submitted to the following address _ Texas Department of Transportation Attn. Director of Transportation Operations PO Box 3067 Dallas. TX 75221-3067 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 CMAQ '~IAII 5-94 ~,FAIL I [ I lING SHEE~I OF 50I~ 10 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 ehg~ble for reimbursement If apphcable or necessary the State wdl 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 8 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 permit certification that the Project and its components meet all applicable requirements of the plans and specifications in statable condltton for operation and maintenance by the City after its completion B The City shall prowde opportunities, faclbtles and representative samples, as may be reqmred, to enable the State to carry on statable, frequent, and complete inspection of all materials, and apphcatlon methods, sufficient to afford determination and certification by the State that all parts ot 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 fadure of materials, eqmpment or installation methods, and the City shall take such measures as necessary to obtain acceptable systems components and installation procedures without delay ARTICLE 9 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 giving written notice to the City as a consequence of failure by the City to perform the services and obhgatlons 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 e~ther party, upon thirty (30) days written notice to the other B If, at any time, the City falls to assume the construction responslblhtles as prescribed herein or the maintenance and operatmn responslbibtles for the Ctty's portion of the traffic signal equipment in a satisfactory manner as determined by the State, the State reserves the right to assume the construction responslbdltles and/or to arrange for the maintenance and operation responsib~hties at the expense of the City ARTICLE 10 INDEMNIFICATION The C~ty 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 ~ts agents or employees during the performance of contract work CMAQ %IAII 5-94 MAll Il [IJNG bill LI O[ 601 l0 ARTICLE II REMEDIES V~olatlon 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 exclustve remedy for any default, but all remedies existing at law and m 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 m 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) pro ec B S~lf 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, latest version) and shall maintain its self-insurance program in full force and effect as long as this ProJect lasts and the City is responsible for the furnishing, installing, maintenance, and operation of the traffic signal equipment 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 CMAQ % 1A 11 5-94 '~IAql IFIIIN(I MIFFIOI 7OI 10 written consent of the State ARTICLE 17 INSPECTION OF CITY'S BOOKS AND RECORDS The State will, 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 inspect~on 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 ART1CLE 18 LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason, be held to be mvahd, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabdity shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable prov~sion had never been contmned 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 m 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, ensunng 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 ~n Title 49 CFR Part 18 32 ARTICLE 2;t PROPERTY MANAGEMENT STANDARDS CMAQ ", 1A I I 5-94 ".,IAII' I I I liN(, ",Ill I I Ol tl()l 10 The City shall adhere to the property management standards set forth m 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, admtmstratton bodies, or tribunals m any matter affectmg the performance of the agreement, including without hmttatton worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and hcensmg laws, permits and regulations When reqmred, the City shall furnish the State with satisfactory proof of compliance ARTICLE 25 CIVIL RIGHTS COMPLIANCE The C~ty shall comply with the regulations of the Department of Transportation as they relate to nondiscnmmat~on (49 CFR 21 and 23 CFR 710 405 (B)), also Executive Order 11246 t~tled "Equal Employment Opportumty", as amended by Executive Order l 1375 and as supplemented m the Department of Labor regulations (41 CFR 60) ART1CLE 26. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City agrees to comply with the requirements set forth tn Exhibit "E", "Minority Business Enterprise Program Requirements" ARTICLE 27 DEBARMENT CERTIFICATIONS (APPLICABLE TO AGREEMENTS WHICH EXCEED $100,000) The City ts prohibited from making any award at any tier to any party which ts debarred or suspended or otherwise excluded from or mehglble for partmlpation tn 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 CMAQ %IAI} 5 94 MAlt I I I liN(, %1tlt I O] 9OI 10 IN WITNESS WHEREOF, the State and the C~ty have stgned duplicate counterparts of the Agreement THE STATE OF TEXAS The City of Denton Executed for the Executive Director and approved By ~__~--~1~-'~'--'*~"~'~ for the Texas Transportation Commission under the (Name) Authority of Minute Order 100002 and Stand Alone Manual Notme ~ for the purpose and effect of C~.ty Manager activating and/or carrying out the orders, estabhshed (T~tle) pohc~es or work programs by the Texas Transportation Commission July 2, ~996 (Date) APPROVED ATTEST By ~ C~ty Secretary Date ~"- ~ ~'" ~,~' LMAQ % I A Fl 5 94 % I ATI L[ F 1 IN(., %Iql El OF 10 Ol 10 Control~ 0195-03-052 MPO#~ 4087 IH35E~ Traffic Si~nal · McCormick Controls 0081-11-019 MPO#~ 4086 F.M. 4265 Traffic Signal O Mayhill on system locations AEE00768 None o~ system ~oca~ons ~E00768 EXHIBIT "C" IH35E @ McCormick Descrl,ptzon Quantity Cost Total Cost Signal Equipment: SC3000 Controller & Cabinet i $7,000 $ 7,000 4-Channel Detector Cards 2 800 1,600 Sub-Total $ 8,600 F.M. 426 @ Mayhill Road DescriPtion Quantity Cost Total/Cost Signal Equzpment: SC3000 Controller & Cabinet I $7,000 $ 7,000 4-Channel Detector Cards 2 800 1,600 Sub-Total $ 8,600 TOTAL $17,200 Total estimate for ntems provided and/or $17,200 installed ~by the Caty of Denton 74% of cost reimbursed by TxDOT 0.74($17,200) $12,728 v/ AEE00768 Exh~b, "D" 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 Agreement between the Czty 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 construction of the pro]ect as set forth in the Agreement, 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 Immediately upon its passage and approval PASSED AND APPROVED this the ~Z~ day of % , 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORN HERBERT L PROUTY, CITY ATTORNEY Exhibit "E" SPECIAL PROVISION MINORITY BUSINESS ENTERPRISE REQUIREMENTS It is the policy of the Department of Transportation that Minority Business Enterprises as defined m 49 CFR Part 23, Subpart A, shall have the maximum opportunity to participate m the performance of contracts financed m whole or m 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 m 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 m part with Federal funds These requirements shall be physically included m 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 temunatlon of the contract by the State or other such remedy as the State deems appropriate