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
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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
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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
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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
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(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
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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
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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
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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
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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
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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 ~"- ~ ~'" ~,~'
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%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