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1994-054E:\UPDOCS\ORD\LIGHT.SYN AN ORDINANCE AUTHORIZING A TRAFFIC LIGHT SYNCHRONIZATION PROGRAM GRANT APPLICATION (TLS III) TO PROMOTE THE CONSERVATION OF ENERGY RESOURCES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the city of Denton recognizes that it is in the interest of the national economy to promote the conservation of energy resources and to reduce our nation's dependence on costly foreign oil; and WHEREAS, the retiming of signals by the city of Denton will provide benefits to the local community in the form of improved traffic flow, reduced fuel consumption, reduced vehicle operating costs, reduced air pollutant emissions, and improved safety due to smoother traffic flow; and WHEREAS, funds have been established and are available through the State Department of Highways and Public Transportation for grants to local governments for traffic signal retiming projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the city Council of the City of Denton autho- rizes the submission of an application to the State Department of Highways and Public Transportation for a Traffic Light Synchro- nization grant and, if the application is selected for funding, the city Manager of the City of Denton is hereby authorized and empow- ered to execute in the name of the city of Denton all necessary applications, contracts, and agreements to implement and carry out the purposes specified in this ordinance and commit the expenditure of funds required by such documents. SECTION II. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the~~0 day of ~~, 1994. ATTEST: BOB CASTLEBERRY, MAY~ ~ JENNIFER WALTERS, CITY SECRETARY / DEBRA A. DRAYOVITCH, CITY ATTORNEY Contract Number 585TLF6009 TRAFFIC LIGHT SYNCHRONIZATION GRANT AGREEMENT THE STATE OF TEXAS ** THE COUNTY OF TRAVIS ** THIS CONTRACT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by and through the Texas Department of Transportation, hereinafter called the State and the City of Denton , acting by and through its duly authorized officers, hereinafter called the Local Government. WITNESSETH WHEREAS, Article 4413(56), Texas Civil Statutes, declares that the Office of the Governor may designate State agencies to supervise, manage or administer the imple- mentatibn of a grant program financed under the Oil Overcharge Restitutionary Act (Art. 4413(56)); and, WHEREAS, pursuant to Article 4413(56), the Texas Department of Transportation submitted a proposed grant program, hereinafter called Traffic Light Synchronization, or TLS, designed to increase energy efficiency in the movement of traffic, and the Office of the Governor did approve the proposed program, and signified its approval by contract executed between the Texas Department of Transportation and the Office of the Governor dated September 1, 1990, or as amended; and, WHEREAS, the Local Government submitted a grant application to the State describ- ing a plan to re-time a set of traffic signals in accordance with the State's instructions, and the grant application was approved by the State and the project described therein was selected for financial assistance; and, WHEREAS, it is the desire of the Local Government to enter into this grant agreement for financial assistance for the project described in the grant application in order to increase energy efficiency in the movement of traffic. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do mutually agree as follows. Page 1 of 7 AGREEMENT Article 1. Contract Period This contract becomes effective on the date on which the final signature is added, the final signature being that of the party whose signing makes the contract fully exe- cuted by all parties hereto. The contract shall terminate twelve months from that date or July 14, 1995, whichever comes first, unless terminated or modified as hereinafter provided. Article 2. Contract Amount The maximum amount payable to the Local Government under this contract shall not exceed $ 54,676.40 . This amount constitutes not more than 75% of the total project costof$ 72,901.87 The amount may be increased only if the State approves a request for additional funding submitted by the Local Government, if additional funds are available. Any such increase must be authorized in a written amendment to this contract. Article 3. Project Description Depending upon the availability of funds, the Local Government shall commence and complete a project providing for the re-timing of traffic signals within its jurisdiction, generallylocated on Oak/H±¢kocy The project is fully described in the grant application, attached hereto and labeled Exhibit t. The Local Government shall not perform any activity under this contract except as described in said Exhibit 1. Additional activity under this contract must be authorized in a written amendment signed by the parties hereto in which the modi- fications or additions to the project are fully described. The Local Government agrees to deliver the following products to the State in accord- ance with the application: . A "before" field evaluation · An "after" field evaluation In addition to the above products, quarterly progress reports that summarize project activities are required. Failure to deliver the products as specified in the application may result in termination of this agreement as provided hereinafter. Article 4. Compensation All payments made hereunder will be made in accordance with the category totals of the Approved Project Budget included in Exhibit 1. To be eligible for reimbursement under this contract, a cost must be incurred within the contract period specified in Article 1 above and be authorized in the Approved Project Budget included in Exhibit 1. Payment of costs incurred under this contract is further governed by the cost principles outlined in 48 CFR 1-31, (Federal Acquisition Regulations). If the Local Government requests to move dollars from one category to another category, a request in writing must be submitted to the State. The State will reply in writing approving or disapproving the request. Page 2 of 7 Article 4. Compensation (cont.) The Local Government agrees to submit monthly requests for reimbursement, using billing statements acceptable to the State. The original billing statement and one copy is to be submitted to the State's District Office, at the address specified on the signature page of this agreement. Before 35% of the contract is paid, an approved "Before" field evaluation must be submitted to the State. Before 85% of the contract is paid, an approved "After" field evaluation must be submitted to the State. Requests for reimbursement must be submitted within 60 days upon completion of the project, but no later than September 15, 1995. The State will exercise good faith effort to make payments within thirty days of receipt of properly prepared and documented requests for reimbursement. All payments, however, are contingent upon the availability of appropriated funds. Article 5. Contract Amendments The Local Government may request an amendment of the contract for additional time, changes in work, or additional funds for additional tasks to be performed under this contract, and if the request is justified by the Local Government and the State determines that the request is beneficial to the State and the Local Government and to the purpose of the grant, a written amendment is to be executed to authorize additional time, tasks, or additional funds, if hdditional funds are available. The amendment shall be agreed upon by the State and Local Government. Any such amendment shall be made before the termination of the contract as specified in Article 1. The Local Government can undertake at its own expense any activities associated with the approved project, but those additional activities will not be eligible for reimbursement by the State. Article 6. Inspection of Work The State shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Local Government or subcontractor, the Local Government shall provide and require his subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. Article7. Disputes and Remedies The Local Government shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract work. Disputes concerning performance or payment shall be submitted to the State for settlement with the Executive Director of the Texas Department of Transportation acting as referee. This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of contract terms, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. Page 3 of 7 Article 8. Records The Local Government agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the contract period and for three years from the date of the final performance report under the contract. Such materials shall be made available during the specified period for inspection by the State for the purpose of making audits, examinations, excerpts, and transcriptions. Article 9. Reporting The Local Government shall promptly advise the State in writing of events which have a significant impact upon the contract, including: , Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules or objectives, or pre- clude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any State assistance needed to resolve the situation. · Favorable developments or events that enable meeting time schedules and objec- tives sooner than anticipated or producing more work units than originally projected. Article 10. Audit This contract shall be subject to audit for a three-year period from the date of the final financial report. Article 11. Subcontracts Any subcontract for professional service rendered by individuals or organizations not a part of the Local Government's organization shall not be executed without prior authorization by the State. Subcontracts shall contain all required provisions of this contract. No subcontract will relieve the Local Government of its responsibility under this contract. Article 12. Termination · For Cause: Insufficient Funding The State may terminate this contract at any time before the date of completion when- ever it is determined that sufficient funds are not available to reimburse its share of the cost of the project. The State shall give written notice to the Local Government at least seven days prior to the effective date of termination, specifying the date of termination. The State shall compensate the Local Government for those eligible costs incurred during the contract period up through the time of termination. The Local Government shall not incur new obligations for the terminated portion after the effective date of termination. Page 4 of 7 Article 12. Termination (cont.) · For Cause: Nonperformance The State may terminate this contract at any time before the date &completion if it determines that the Local Government has failed to comply with the conditions of the contract. The State shall give written notice to the Local Government at least seven days prior to the effective date of termination and specify the effective date of termi- nation and the reason for termination. The State shall compensate the Local Government for those eligible costs incurred during the contract period which are directly attributable to the completed portion of the project covered by this contract, provided that the work has been completed in a manner satisfactory to the State. The Local Government shall not incur new obliga- tions for the terminated portion after the effective date of termination. · For Convenience If either party to this contract determines that the continuation of the contract in whole or in part would not produce beneficial results commensurate with the further expenditure of funds, the determining party shall give notice to the other party of such determihation, including the effective date and the portion to be terminated. The State may terminate this contract for reasons of its own, not subject to the approval of the Local Government. · Ownership &Documents Upon termination of this contract, whether for cause or for convenience, all finished or unfinished documents, data, studies, surveys, reports, maps, drawing, models, photo- graphs, etc. prepared by the Local Government shall at the option of the State become the property of the State. · Excepted Conditions Except With respect to defaults of subcontractors, the Local Government shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by the Local Government to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the LocalGovernment. Such causes may include but are not limited to acts of nature or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Local Government. Articlel3. Compliance withLaws The Local Government shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or admin- istrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations and licensing laws and regulations. When required, the Local Government shall furnish the State with satisfactory proof of its compliance therewith. Page 5 of 7 Article 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns and administrators to the other party to this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this contract. Neither the State nor the Local Government shall assign, sublet, or transfer its interest in this agreement without the written consent of the other. Article 15. Property Management The Local Government shall use its own property management system to control, protect, preserve, use, maintain, and dispose of any property furnished to it by the State or purchased pursuant to this agreement, provided that the procedures are not in conflict with the State's property management procedures or property manage- ment standards outlined in 49 CFR 18 (Section 18.32), "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." Article 16. Procurement Standards The Local Government shall maintain and follow procurement standards which meet or exceed the requirements of 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." Article 17. Debarment/Suspension The Local Government is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The Local Government shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal grant funds, and, when requested by the State, to furnish a copy of the certification. Article 18. Insurance When directed by the State, the Local Government shall require its subcontractors to secure insurance in the maximum statutory limits for tort liability, naming the State as an additional insured under its terms. When so directed, the Local Government shall require its subcontractor to furnish proof of insurance on forms satisfactory to the State, and shall maintain the insurance during the contract period specified in Article 1. Article 19. Gratuities Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business with or who reasonably speaking may do business with the State under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the State's Executive Director. Any person doing business with or who reasonably speaking may do business with the State under this contract may not make any offer of benefits, gifts or favors to Texas Department of Transportation employees, except as mentioned hereabove. Failure on the part of the Local Government to adhere to this policy may result in termination of this contract. Page6of7 Article 20. Indemnification To the extent permitted by law, the Local Government shall save harmless the State from all claims and liability due tO the acts or omissions of the Local Government, its agents or employees. The Local Government also agrees to save harmless the State from any and all expenses, including attorney fees, all court costs and awards for dam- ages, incUrred by the State in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Local Government, its agents or employees. Further, the Local Government agrees to protect, indemnify, and save harmless the State froTM and against all claims, demands and causes of action of every kind and character brought by any employee of the Local Government against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Local Government or the State. Article 21. Signatory Warranty The undersigned signatory for the Local Government hereby represents and warrants that he is an official of the organization for which he has executed this contract and that he has full and complete authority to enter into the contract on behalf of the Local Government. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. LOCAL GOVERNMENT: STATE OF TEXAS Executed for the Executive Director The City of Denton and approved by the'Texas Highway Under authority of~ ordi- Commission under the authority of nance number / Y - o- ~, / Minute Order No. 100002 and Administrative Circular 26-93, or the carrying out the orders, established , policies or work programs heretofore B approved by the Texas Transportation Direc{~rafflc Opera~/~ons For the urp · gr be used to mail all require~ notices, reports, claims, and correspondence: For the Local Government: For the State (District Office): Git? ~f D~lnt~n ~J~m~s F!nffm~n 21.5 P,. Mnt(~nn~y P.O. $~x ~O67 Denton, TX 76?0] D~llas, TX 7522]-2067 Page 7 of 7 TeXaS Department of Transportation Oak/Hickory Traffic Light Synchronization Program III System Grant Application 1) Legal Applicant 2) Vendor identification Number: a. Applicant Name City of Denton 17560005146000 b. Organiz, ationalUnit gnf~n~o_rin~ Dept 3) ProjectTrafficEngineerorManager c. St~eet/P.O. Bo~ 215 g. McKinney St (Name&Telephone) d. City Denton e. County, Den~oq .Terry Clark (817)566-8358 f. state Tx g. ZiP 76201 4) Number of Signalized Intersections: h. Population (lgg0 Census gureau Figure): · Injurisdiction 63 38 66,270 · In coordinated systems i. Pro~joe~:(~a~ll~a~l(~f~6&_~l~§hone): · In proposed project 5 S) Proposed Funding Attachments a. State Oil Overcharge Funds $ 54,676.40 a. Standard Assurances b. Local $18,225o47 b. ProjectAreaMaps c. TxDOT (if signals are maintained c. Description of Project and operated by TxDOT) $ d. Quality of Service d. Other (Specify) $ e. Total $72,901,87 e. Budget NOTE: The oil overcharge amount for equipment f. Project Task Responsibility shall not exceed 7o% of the total amount of g. Debarment Certification oil overcharge funds requested. s) General Information a. Are any of your project s gnals operated or maintained by other agencies? Yes__. No X If yes, describe b. Who currently makes the decisions on how to set your signals? City Engineer ' s staff c. Approximately how many local staff person-years (or fraction thereof) are currently devoted to traffic signal timing in your jurisdiction? Include all categories of effort, including data acquisition, plan development, implementation, checking and surveillance. Apprnwqrnntmly 40 ?rnnn ye, arB Comments: d. Who is currently responsible for maintaining your signals7 C~[ty TrRfFt e Dept e. Do you have plans for major capital improvements to upgrade your proposed project network? Yes No X If yes, do you have a schedule, budget proposal or funds already committed? Yes No __ Explain: f. Have significant changes in traffic levels or patterns in the project area occurred as a result of new development, road improvements, etc., since the last retiming effort? Yes __ No X__ Explain: Th~ ~ ~ n~_w ~y~t~m wJth no previous system tJrnJn~ ~F~nr~. General Information, (contd.) g. Do you anticipate significant changes in traffk levels or patterns in the proiect area a~ a result of new development, road improvements, etc.. with~nthe next three years? Yes __ No X Explain:, The City is expecting a ,healthy but steady overall citywide ~rnwth nv~r ~h~ n~wt thr~n yp~r~_ Art~rta] trnfftn grnwth wnuld approximate 2-5% annually. h. Explain how the equipme.t needs for this project area were determined and the type and features of the equipment you propose for the project. Attach extra page if needed. See Attached i. List below specific local agency staff that would be assigned to this project. Outline local staff traffic engineering experience, prior training in and use of the TRANSYT 7F and PASSER signal timing pro- grams, and role in this project. Attach extra page if needed. (Note: Prior experience with TRANSYT 7F and PASSER is not required.) See Attached j. Supply any additional information that would be useful for the review of this application, Also, you may use this space to expand any of your answers to the previous questions. Attach extra page if needed. k. Was your cityinvolved in the first or second TLS or Traffic Management program? X yes__no If yes, is any additional staff training in the use of the PASSER or TRANSYT computer models needed? If yes, please answer question I. X yes .o I, Indicate course date preference, number of people that would attend and whether they are local st~fl and/or consultant. PASSER II & III October4-6, 1994 2 #ofpeople( 2 Iocalstaff 0,., consultant) TRANSYTTF September 27-29, 1994 2 ~ofpeople( 2 Ioca lstaff 0 consultant) 7) Applicant Certification: To the best of my knowledge and belief, information in this application is true end correct, the document has been duly authorized by the governing body of the applicant, and the applicant will comply with the attached assurances if the application is approved. Any grant money received will supplement and not supplant any existing local funding presently dedicated to signal timing efforts. Typed or Printed Name and ?iSle ~"-~"Y'L~ ~_~/~C_ C-~-~c~I 2 6. General Information (continued) h. The City has initiated a program of upgrading their master controllers to Transyt model 3800 EL. To obtain full utilization of the capabilities of this master controller, all five of existing local controllers and cabinets tn this proposed system should be replaced. Additional equipment needs to hardwire this proposed system into the appropriate master include 7490' of overhead interconnect cable and 260' of 2" conduit. The City's past signal related improvement programs have utilized Transyt model controllers and associated equipment and it is their intention to continue such in order to simplify maintenance operations, employee learning curves, and equipment purchasing and stockpiling. i. Jerry Clark, P.E., Director of Engineering and Transportation Engineering experience including traffic: 15 years. No organized training in PASSER or TRANSYT. Role in project: Overall project management. Manuel Coronado, Traffic Control Supervisor Traffic signal technician experience: 9 years. Has had prior training in PASSER. Role in project: Provide technical support to and management of signal technicians. Jeff Gann, Traffic Signal Technician Traffic experience: 7 years. Has had prior training in PASSER and TRANSYT. Role in project: Field installations, field studies, and technical support. Mike May, Traffic Signal Technician Traffic experience: 4 years. Has had prior training in PASSER and TRANSYT. Role in project: Field installations, field studies, and technical support. New Traffic Signal Technician (to be hired) Traffic experience: Unknown. Prior training is unknown. Role in project: Field installations, field studies, and technical support. Applicant City of Denton Attachment A Local Governments' Standard Assurances The L.o.c.al Gover.n .merit hereby assures and certifies that t will comply w th the r, eg,,u~atl0.ns, po!lcles, gmdeline.s and requirements, including OMB C rcu ars A-102 and ,~;u/,.a,s t.hey r,el_ate to the application, acce.p, tance, and use of state funds for this project. ALSO, the Local ~=overnment assures and certifies to the grant that: 1. It. P.o. ssess?.s legal a. uthority to apply fpr the grant; that a resolution, motio.n., or similar .actl.on ri. as oe..en d.u!y a ,d. opt,.e.d or p. assed as an official act of the applicant's gov, ern!ng .D. oay, au,tnonz~ng the ri~in~ of the application, inc!uding all . . unc~erstanc~lngs a. ,n. o assurances, c.ontamed ther.e, in, and direct~.ng and autho,zmg the pets.on ide. ntlfied as t.he ,o. ff~c~al represen.tat~ve of the apphcant to act in cb~nnectlon with the apphcat~on and to provide such addit(c~nal information as may required. 2. It will,comply .,w. ith.,T, itle VI of the. Civil Rights Act of 1964 (PL 88-352) and in accoraa, nce, with Tn. le VI of th.at Act, no person in the United States shall, on the gro .unas ol rage, color, or natlona. I origin be excluded from participation in, be deme.d ben, eflts o.f,. or be otherWise subjected to discrimination under any program .or act~.v, ity Tor which the applicant receives federal financia. I assistance and will ~mmedlately take any measures necessary to effectuate th~s agreement. 3. It wi!l comply, ,w. ith Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohib t ng emp!oymentaiscrimmat, ion where (1) the primary purpose of a grant is to provide .emp}oym.ent, or (2) discr.~minatory employment pra.ctices will result in unequal treatment ot persons wino are or should be benefiting from the grant-aided activity. 4. It will comply w~th requirements of the provisions of the Umform Relocation ,As. sistan, ce a.nd Real Property Acquisitions Act of 1970 (PL 91-646) which provides for talr ana equitable tr.eatment of persons displaced as a result of state or federa and state or federally assisted programs. 5. It will comply with the provisions of the Hatch Act which limit the political activity of employees. " 6. It will comply w~th the minimum wage and maximum hours orovisions of the F ° - ederal Fair Labor Standards ACt, as they app y to hosp ta and educat ona institut on employees of State and local governments. 7. It will est,a, bl!s.h safe~guar.,ds to prohibit employees from using their positions for a purpose that ~s or gives the appearance of being motivatedby a desire for private gain for themselves or others particularly those with whom thev have familv, bus'ness, or other t~es. - - - 8. It will give the sponsoring agency the access to and the right to examine all records, books, papers, or documents related to the grant. t '1 ' · 9. I wd comply wlth all reqmrements imposed bythesponsor ng aclencyconcermng special requirements of law, program requirements, and other ac]min~strative requirements. 10. It will insu.r.e, that the faciiities under its ownership lease, or supervision which shal. I be utdlzed in the accOmplishment of the project are not listed on the Env!ronmental Protection Agency's (EPA) list of violating facilities and that. it will not!fy the grantor agency of the receipt of any communication from the D. irector oft.he EPA Office of Federal Activities indicating that a facility to be used ~n the project is under consideration for listing by the EPA. 11. It will comply Tith the flood insurance purchase requirements of Section 102(a) of the Flood D~saster Pro.tection Act of 1.973, PL 93-234, 87 Stat. 975, approved December 31, 1976. Sect~.on 102(a) re. grates, on and a. fter March. 2, 19.75, the pur- chase of flood insurance ~n Commumt,es where such insurance ~s avadable as a con- .d. ition for the receipt of any federal financial assistance for construction or acquisi- tion purposes for use in any area that has been identified by the Secreta.ry of the Department of Housing and Urban Devel.opment as an area having special flood. hazards. The phrase ~federal financial assls, ta nc.e." includes any form of loan, grant, gUaranty, insurance payme.nt, .rebate, subs~dy:d~saster assistance loan or grant, or any other form of direct or ~nd~rect federal assistance. 12. lt.?ill assist the grantor agency in its compliance with Section 106 of the National H~Storic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Arche. olog!cal and Historic Preservation Act of 1966 (26 USC469a-1 etseq.) by (a) consulting with the State Historic Preservation Officer to conduct the investigation, as .necessarY, to identify properties listed in or eligible for inclusion in the National Register of t-iistoric Places t. hat are subject to adverse effects (see 36 CFR 800.8) by the activity, and notiyng the federal grantor agency of the existe .nce of any such properties, and by (b) complying with all requirements estabhshed .b.y the federal grantor agency to avoidor mitigate adverse effects upon such properties. 13. It will comply with Texas Civil Statutes, Art. 5996a by insuring that no .o. fficer, employee, or member of the applicant's governing body or of the apphca.nt's contract shall vote o.r.c.o, nfirm the employment of any pe.rson related within the seCond.degree of affinity or third degree by consanguimty to any member of the g°vem, mg body or to any other officer or employee authorized to employ o.r supervise such person. This prohi.bition shall not prohibit the .employment ota person who shall have been contlnuouslyemployed for a period of two years prior to the election or appoint.ment of the. o..fficer, employee, or governing body member related to such person ~n the proh,blted degree. It will insure that all information collected, assembled, or maintaine, d bythe aPp. licant relati.ve to this project, shall be ava?able to the public dur,ng nprmal business hours ~n compliance w~th Texas Civd Statutes, Art. 6252-17a, unless otherwise expressly provided by law. It wi!l comply with Texas Civil Statutes, Art. 6252-17, which requires all regular, special or called meetings of governmental bodies to be open to the public, except as otherwise provided by aw or specifically permitted in the Texas Const tution. Applicant City of Denton Attachment B Project Area Maps Attach two 8 ~-inch x 11-1nth maps as described below. A. A map showing the locale of each proposed TLS project within your jurisdiction. B. A map showing the signalized intersections of each system with the following infOrmation: 1. Average Daily Traffic 2. Circulation Pattern (Identify One-Way Streets) 3. A Scale or Identification of the Distance Between Adjacent Signals 76259 MAP A OAK/HICKORY SYSTEM AVE, D MARIETTA NDRMAL AVE, B BRYAN PDNDER FULTDN Applicant City of Denton Attachment C Description of Project System Name: Oak / Hickory No. of Intersections: 5 System Configuration: Grid x Arterial System Coordination: Hardwire x Time-Based System Controller: Type Transyt model locals and master Maximum # of Time.of-Day Plans: 9 Current # of Time-of-Day Plans: None Indicate below each time period cycle length: AM Period N/A Mid-Day Period N/A PM Period N/A Last Date Timing Plans Revised for the Entire System: New system Average Signal Spacing: 750' Applicant City of Denton Attachment D Quality of Service Study Method 'r. he applicant s to use the followin- instructions to -'-'--~ ...... · . ~ ~-UHUU[.t ~lUallty O1' service tests ol' ?gnals pro. posed to be included In the project. The attached ~,=l'~v ~ummary ,s to be completed and submltte~ with the appli~:~ti~n~-"" ......... Introduction Est. abli.shin~g the dema. nd for traffic signal retim ne oroiects is narticHl~rlv extensive data collect,on and analysis is performe~l ~ef'0re han~.'~ir~-~c~'~'i~' ~°~ integral part of th.e pr.oject, be. ing proposed, it is beyond the scope of preliminary needs asses.sment, s assoc,atecl with the nrant a,,,~lication r ......... ,_ .~ ....... p ff~' ~-~,~==Hu=Htly0 tlll~ IL:) program w . req.u,re a s,mple study of. travel t,me performance for each project proposal which should be m the range of capa.bflities, of applying local g.overnments and prov des a reasonable summary of the op. erat onal .s,tu.at,on. This st?dy s. just a part of the re.view process, and will be used as an inexact gu,de ,ne to assist ,n project selection and pr,oritization. General Description !t?.t.r.ave.!time stud. y me. thods defined here are not intended to h~ cnnclu~iv~ nr ?s_u_ca?y com, .pr.ehens?e; but ra. th. er_t.o be imple..m, eatable by~ I~-c'~'~'~r~ne nt ~g omy a vemcle a.ne a stopwatcn./ne study wdl be a general summary of delay on each street of the proje..~.. Data should on y be collected on Tuesdays. Wednesdays and Thursdays. The study wdl cover onlythe peak pe.riod, as defined by th.e applicant. Applican.ts are enco. uraged to use the most heavdy travelled time per od of a typica. I day to e. stabhsh the typ,cal worst ca.se Travel times on all streets will be done during th~s time per,od, accord ng to the following methodology. ~tudy Methodoloqy An intersection is def ned as a junction of streets controlled by a traffic signal which is part of the project being proposed. Trav. el .ti.m? ru. ns will be perform.e.d in all lega d rections on each street in the project. A run ,s ee~,neo as a trip from the first network or arterial signal to the last network or ~orteria[ signal ~n one d,rect,on. For grid networks, two runs in each dirertinn will h~ dnn~ r each network st.reet that passes through two ~r more net'w-o-r~(' 's-g ~'al'~'.~F%r'~t~r~a-I--~ syste, ms, t. hree runs ,n each direction w I be done· The t me of crossin~l the stop line at the first s~gnal w!l be rec.orded (or the stop-watch w II be started) anc~ the time of c earing the last intersect on w, be recorded (or the stop-watch will be stopped). The driver of the study vehicle should attempt to a,oroach the first ~innal in n nrld sys. te.m.once, at.the .beginning and. once duri~g the'm' iddle of the"~;~' ~'~;a=r~J'~ for an arterial at thel~egmn ag, one-th, rd point, and two-thirds point of the green phase. The dr ver shou d then attempt to dave the length of the street at the posted speed limit. t~h:nelay will be .caused when other vehicles or traffic control der ce~ mnpcl, th~, nrnnr,¢~ n~ s_t_u_d, ~, v.e~hlcl,e: and,the ,d,ri .ver s. ho.,uld not take extraordir~ar~ ~'~-r-e~':'~)ic~ ~1~,."' ur~ry, the or,vet snou,o stay In the most typ cally used through lane (such as the center or median lane). Acc.ompanying the travel time .run .w. ill be a descript!on of the street geometry for each section o,f. the street. A section i.s define.d, as the portion of the street extending fro. m the stop hne of one contr.olled Intersection to the stop line of the next controlled nter- section downstream. Section length, n.umber of I.anes, and posted speed limit should be recorded. If theposte.d speed changes m the section, a weighted average shou d be calculated basedon d~stance. For example, a section of street is 800 feet long, and is posted for 30 mph in the direction under consideration for S00 feet and 40 mph for 300 feet. The average posted speed would be (30 mph x 500 feet) + (40 mph x 300 feet) 800 feet = 33.75 mph Number of lanes is measured at the stop line at the beginning of the section, not including turn bays. For each street, average daily traffic counts should be provided. Data up to five years old is acceptable as long as significant changes in traffic patterns have not occurred. Free flow travel time should be calculated assuming no stops and traffic flow at the average posted speed limit. The free flow travel time for each section is the section length divided by the speed in feet/sec. Speed in mph is converted to feet/sec by multiplying by 1.47. The total free flow travel time ~s the total of the section free flow travel times. The delay is the di .ff. erence between free flow travel time and actua! travel time, aver. aged from the travel time runs. For example, a street c.o. ntains tw.o sections. Section 1 Is 800 feet and has a 35 mph average pos.t, ed. speed limit, and Sect~o.n 2 is 1200 feet long and has a 40 mph average posted speed limit. The free flow travel time would be 800 feet 1200 feet 35 ~.47 + 40 m p~h'-~ 1.47 -- 36 seconds The Quality of Service Summary form has been provided to allow the convenient orga- nization of this data. One form should be filled out for each combination of street and direction. Applicants should duplicate the form as necessary. Summary The procedure outlined here will provide a rough synopsis of the existing typical worst case situation using data that can be collected very quickly. For arterial syste.rns, o.nly data along the arterial is necessary..The runs have been defined to eliminate the inclusion of boundary conditions (such as s~de street delay on an arterial) which, though they may inhibit a complete understanding of the situation, will allow arterial and grid networks to be compared in a similar light. Applicant City of Denton Attachment D Traffic Eight Synchronization Program III Quality of Service Summary Agency: City of Denton Street Name: Oak Direction of Travel Time Run: Westbound Section Cross Street Name Section Avg. Posted Number of Free Flow Length Speed Lanes Travel Time 2 ,~agoe 690 ' 20 2 23.5 4 6 7 9 10 11 12 14 1S 16 17 18 19 20 ~ Study: 3/29/94 J Total Free Flow Travel Time 23.5 I Time of Study: 12:00 - 1:00 PM I Measured Travel Time - Run l 58.0 ADT for Street: 2,320 vpd ] Run2 61.0 L Run 3 (Arterial Systems) 68.0 Average Measured Travel Time 62.3 Delay for this Street and Direction 38.8 Applicant City o£ Denton Attachment D Traffic Light Synchronization Program III Quality of Service Summary Agency: City of Denton Street Name: Hickory Direction of Travel Time Run: Eastbound Section Cross Street Name Section Avg. Posted Number of Free Flow Length Speed Lanes Travel Time 1 Ave. B 2 Ave. A 610' 20 2 20_7 3 Welch 665' 20 2 22.6 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O ~of Study: 3/29/94 J Free Flow Travel Time 43.3 Total of Study: 12:00 - 1:00 PM I Measured Travel Time - Run l 91.0  Run 3 (Arterial Systems) 61.0 Average Measured Travel Time 74.0 Delay for this Street and Direction 30.7 Applicant City of Denton Attachment E Traffic Light. Synchronization (TLS) Program III Budget Form Applicant Financial Contact:, Jerry Clark Phone: (817)566-8358 Personal Services Salaries and ..Wages for personnel involved in the planning, development and implementation of the proposed project Position Salary Rate Number of Oil Overcharge Local Match* o"l:i~bT-s Funds See Attached Total Personal Services - $ 5,72,3.60 OperatinR Expenses Travel: $450/person/trip $ 1,800.00 (PASSER & TRANSYT (Rates) training in Austin) Other: Other: TotaIOperating Expenses $ 1,800.00 - Equipment Items (List) See Attached Total Equipmentltems $ 38,273.48 $ 3,543.52 * Designate if local match is from the City or TxDOT. Attachment E (page 2) Subcontracts Oil Overcharqe Local Match* Funds Consultant Services ** (Cummings & ?ewitt) .~ 6.761.27 - Other ** (City Utility Contractor) ~ 7.841.65 $ 8,958.35 TotaISubcontracts s 14.602.92 $ 8,958.35 Others Total Others Grant Total $ 54,676.40 Total Local Match $ 18,225.47 (Indicate % of total project costs) ( 25.o %) Indicate TxDOT % of Local Match (. 0.0 %) TOTAL PROJECT COST $ 72,901.87 * Designate if local match is from the City or TxDOT. ** Attach detailed cost estimate. PERSONAL SERVICES COST ESTIMATE Oil Overcharge Local Position Salary Hours Funds Match Director $35.47 24 $0.00 $851.28 Supervisor $20.83 72 $0.00 $1,499.76 Signal Tech. $17.02 80 $0.00 $1,361.60 Signal Tech. $15.70 72 $0.00 $1,130.40 Signal Tech. $12.23 72 $0.00 $880.56 Total Personal Services 320 $0.00 $5,723.60 Salary Includes hourly rate plus benefits. DETAILED EQUIPMENT cosT ESTIMATE Item Purchased Amount Unit Unit Cost Cost Cable 7490 LF $0.90 $6,741.00 2" Conduit 260 LF $2.00 $520.00 Hanger 112 EA $3.00 $336.00 Hook 22 EA $10.00 $220.00 Controller & Cabinet 5 EA $6,800.00 $34,000.00 Total Cost $41,817.00 CONSULTANT'S DETAILED COST ESTIMATE Staff Salary Hours Cost Senior Engineer $28.84 56 $1,615.04 Assistant Engineer $17.31 36 $623.16 Technician $8.50 32 $272.00 Secretary $8.00 8 $64.00 Sub-Total 132 $2,574.20 Overhead (127.3%) $3,276.96 Labor plus Overhead $5,851.16 Fixed Fee (10%) $585.12 Total Expenses $325.00 Total Coat $6,761.27 CONTRACTOR'S DETAILED LABOR COST ESTIMATE Item Installed Amount Unit Unit Cost Cost Overhead Cable 7490 LF $2.00 $14,980.00 2" Conduit 260 LF $7.00 $1,820.00 Total Cost $16,800.00 Appl.icant City of Denton Attachment F Project Task Responsibility (Please check appropriate agency or If joint responsibility, enter percentage for each.) Responsible Agency Task Local Staff* ' Consultant lb0 0 · Field check Equipment 10 90 · Collect field data 100 0 · Attend PASSERand TRANSYT Workshops 0 100 · Code data.in, com. puter and complete Imtial s~mulation run 0 100 · Calibrate model 0 100 · Complete"Before" field evaluation 20 80 · Complete ~ptimization runsand selection of plans 90 10 · Implement timing plans 40 60 · Fine-tunetiming plans 0 100 · Complete simulation of plans implemented in field 0 100 · Comple.te "After" field evaluatIon * Enter "TxDOT" if the task is the department's responsibility. Applicant City of Denton Attachment G Debarment Certification (Negotiated Contracts) (1) The LOCAL GOVERNMENT certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public* transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity* with commission ofany of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions* terminated for cause or default. (2) Where the LOCAL GOVERNMENT is unable to certify to any of the statements in this certification, such LOCAL GOVERNMENT shall attach an explanation to this certification. *federal, state or local Signa fIicial ~ Title ] (-~ Form 1734-A 4-89 Contract Number 585TLF6010 TRAFFIC LIGHT SYNCHRONIZATION GRANT AGREEMENT THE STATE OF TEXAS ** THE COUNTY OF TRAVIS ** THIS CONTRACT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by and through the Texas Department of Transportation, hereinafter called the State and the city of Denton · acting by and through its duly authorized officers, hereinafter called the Local Government. WITNESSETH WHEREAS, Article 4413(56), Texas Civil Statutes, declares that the Office of the Governor may designate State agencies to supervise, manage or administer the imple- mentation of a grant program financed under the Oil Overcharge Restitutionary Act (Art. 4413(56)); and, WHEREAS, pursuant to Article 4413(56), the Texas Department of Transportation submitted a proposed grant program, hereinafter called Traffic Light Synchronization, or TLS, designed to increase energy efficiency in the movement of traffic, and the Office of the Governor did approve the proposed program, and signified its approval by contract executed between the Texas Department of Transportation and the Office of the Governor dated September 1, 1990, or as amended; and, WHEREAS, the Local Government submitted a grant application to the State describ- ing a plan to re-time a set of traffic signals in accordance with the State's instructions~ and the grant application was approved by the State and the project described therein was selected for financial assistance; and, WHEREAS, it is the desire of the Local Government to enter into this grant agreement for financial assistance for the project described in the grant application in order to increase energy efficiency in the movement of traffic. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto; the State and the Local Government do mutually agree as follows. Page 1 of 7 AGREEMENT Article 1. Contract Period This contract becomes effective on the date on which the final signature is added, the final signature being that of the party whose signing makes the contract fully exe- cuted by all parties hereto. The contract shall terminate twelve months from that date or July 14, 1995, whichever comes first, unless terminated or modified as hereinafter provided. Article 2. Contract Amount The maximum amount payable to the Local Government under this contract shall not exceed $ 56,929.40 . This amount constitutes not more than 75% of the total project cost orS 75,905.87 The amount may be increased only if the State approves a request for additional funding submitted by the Local Government, if additional funds are available. Any such increase must be authorized in a written amendment to this contract. Article 3. Project Description Depending upon the availability of funds, the Local Government shall commence and complete a project providing for the re-timing of traffic signals within its jurisdiction, generally located on w~l~h ~?~m The project is fully described in the grant application, attached hereto and labeled Exhibit 1. The Local Government shall not perform any activity under this contract except as described in said Exhibit 1. Additional activity under this contract must be authorized in a written amendment signed by the parties hereto in which the modi- fications or additions to the project are fully described. The Local Government agrees to deliver the following products to the State in accord- ance with the application: · A "before" field evaluation · An "after" field evaluation In addition to the above products, quarterly progress reports that summarize project activities are required. Failure to deliver the products as specified in the application may result in termination of this agreement as provided hereinafter. Article 4. Compensation All payments made hereunder will be made in accordance with the category totals of the Approved Project Budget included in Exhibit 1. To be eligible for reimbursement under this contract, a cost must be incurred within the contract period specified in Article I above and be authorized in the Approved Project Budget included in Exhibit 1. Payment of costs incurred under this contract is further governed by the cost principles outlined in 48 CFR 1-31, (Federal Acquisition Regulations). If the Local Government requests to move dollars from one category to another category, a request in writing must be submitted to the State. The State will reply in writing approv!ng or disapproving the request. Page 2 of 7 Article 4. Compensation (cont.) The Local Government agrees to submit monthly requests for reimbursement, using billing statements acceptable to the State. The original billing statement and one copy is to be submitted to the State's District Office, at the address specified on the signature page of this agreement. Before 35% of the contract is paid, an approved "Before" field evaluation must be submitted to the State. Before 85% of the contract is paid, an approved "After" field evaluation must be submitted to the State. Requests for reimbursement must be submitted within 60 days upon completion of the project, but no later than September 15, 1995. The State will exercise good faith effort to make payments within thirty days of receipt of properly prepared and documented requests for reimbursement. All payments, however, are contingent upon the availability of appropriated funds. Article 5. Contract Amendments The Local Government may request an amendment of the contract for additional time, changes in work, or additional funds for additional tasks to be performed under this contract, and if the request is justified by the Local Government and the State determines that the request is beneficial to the State and the Local Government and to the purpose of the grant, a written amendment is to be executed to authorize additional time, tasks, or additional funds, if additional funds are available. The amendment shall be agreed upon by the State and Local Government. Any such amendment shall be made before the termination of the contract as specified in Article 1. The Local Government can undertake at its own expense any activities associated with the approved project, but those additional activities will not be eligible for reimbursement by the State. Article 6. Inspection of Work The State shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Local Government or subcontractor, the Local Government shall provide and require his subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. Article~7. Disputes and Remedies The Local Government shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract work. Disputes concerning performance or payment shall be submitted to the State for settlement with the Executive Director of the Texas Department of Transportation acting as referee. This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of contract terms, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. Page 3 of 7 Article 8. Recoeds The Local Government agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the contract period and for three years from the date of the final performance report under the contract. Such materials shall be made available during the specified period for inspection by the State for the purpose of making audits, examinations, excerpts, and transcriptions. Article 9. Reporting The Local Government shall promptly advise the State in writing of events which have a significant impact upon the contract, including: · Problems, delays, or adverse conditions which will materially affect the ability to . attain program objectives, prevent the meeting of time schedules or objectives, or pre- elude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any State assistance needed to resolve the situation. · Favorable developments or events that enable meeting time schedules and objec- tives sooner than anticipated or producing more work units than originally projected. Article 10. Audit This contract shall be subject to audit for a three-year period from the date of the final financial report. Article 11. Subcontracts Any subcontract for professional service rendered by individuals or organizations not a part of the Local Government's organization shall not be executed without prior authorization by the State. Subcontracts shall contain all required provisions of this contract. No subcontract will relieve the Local Government of its responsibility under this contract. Article 12. Termination · For Cause: Insufficient Funding The State may terminate this contract at any time before the date of completion when- ever it is determined that sufficient funds are not available to reimburse its share of the cost of the project. The State shall give written notice to the Local Government at least seven days prior to the effective date of termination, specifying the date of termination. The State shall compensate the Local Government for those eligible costs incurred during the contract period up through the time of termination. The Local Government shall not incur new obligations for the terminated portion after the effective date of termination. Page 4 of 7 Article 12. Termination (cont.) · For Cause: Nonperformance The State may terminate this contract at any time before the date of completion if it determines that the Local Government has failed to comply with the conditions of the contract. The State shall give written notice to the Local Government at least seven days prior to the effective date of termination and specify the effective date of termi- nation and the reason for termination. The State shall compensate the Local Government for those eligible costs incurred during the contract period which are directly attributable to the completed portion of the project covered by this contract, provided that the work has been completed in a manner satisfactory to the State. The Local Government shall not incur new obliga- tions for the terminated portion after the effective date of termination. · For Convenience If either party to this contract determines that the continuation of the contract in whole or in part would not produce beneficial results commensurate with the further expenditure of funds, the determining party shall give notice to the other party of such determination, including the effective date and the portion to be terminated. The State may terminate this contract for reasons of its own, not subject to the approval of the Local Government. · Ownership of Documents Upon termination of this contract, whether for cause or for convenience, all finished or unfinished documents, data, studies, surveys, reports, maps, drawing, models, photo- graphs, etc. prepared by the Local Government shall at the option of the State become the property of the State. · Excepted Conditions Except with respect to defaults of subcontractors, the Local Government shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by the Local Government to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Local Government. Such causes may include but are not limited to acts of nature or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Local Government. Article 13. Compliance with Laws The Local Government shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or admin- istrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations and licensing laws and regulations. When required, the Local Government shall furnish the State with satisfactory proof of its compliance therewith. Page 5 of 7 Article 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns and administrators to the other party to this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this contract. Neither the State nor the Local Government shall assign, sublet, or transfer its interest in this agreement without the written consent of the other. Article 15. Property Management The Local Government shall use its own property management system to control, protect, preserve, use, maintain, and dispose of any property furnished to it by the State or purchased pursuant to this agreement, provided that the procedures are not in conflict with the State's property management procedures or property manage- ment standards outlined in 49 CFR 18 (Section 18.32), "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." Article 16. Procurement Standards The Local Government shall maintain and follow procurement standards which meet or exceed the requirements of 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." Article 17. Debarment/Suspension The Local Government is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The Local Government shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal grant funds, and, when requested by the State, to furnish a copy of the certification. Article 18. Insurance When directed by the State, the Local Government shall require its subcontractors to secure insurance in the maximum statutory limits for tort liability, naming the State as an additional insured ur~der its terms. When so directed, the Local Government shall require its subcontractor to furnish proof of insurance on forms satisfactory to the State, and shall maintain the insurance during the contract period specified in Article 1. Article 19. Gratuities Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business with or who reasonably speaking may do business with the State under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the State's Executive Director. Any person doing business with or who reasonably speaking may do business with the State under this contract may not make any offer of benefits, gifts or favors to Texas Department of Transportation employees, except as mentioned hereabove. Failure on the part of the Local Government to adhere to this policy may result in termination of this contract. Page 6 of 7 Article 20. Indemnification To the extent permitted by law, the Local Government shall save harmless the State from all claims and liability due to the acts or omissions of the Local Government, its agents or employees. The Local Government also agrees to save harmless the State from any and ail expenses, including attorney fees, all court costs and awards for dam- ages, incurred by the State in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Local Government, its agents or employees. Further, the Local Government agrees to protect, indemnify, and save harmless the State from and against all claims, demands and causes of action of every kind and character brought by any employee of the Local Government against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Local Government or the State. Article 21. Signatory Warranty The undersigned signatory for the Local Government hereby represents and warrants that he is an official of the organization for which he has executed this contract and that he has full and complete authority to enter into the contract on behalf of the Local Government. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. LOCAL GOVERNMENT: STATE OF TEXAS Executed for the Executive Director The City of Denton and approved by the'Texas Highway Under authority of_~ ordi- Commission under the authority of nance number ~/- O ~-~ Minute Order No. 100002 and Administrative Circular 26-93, or the 1~/~/ purpose and effect of activating and carrying out the orders, established policies or work programs heretofore By approved by the Texas Transportation ~ Commission. Date ~/g~/~/~/ ff. By 'D,rect~f Traffic Opera~ions ' AT'ST: o / / . Date ~/~/~4~ For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence: For the Local Government: For the State (District Office): City of Denton James Huffmsn Enqineerina Dept. Dallas Dist. 215 E. McKinnev St. P.O. Box 3067 Dentont TX 76201 Dallas~ TX 75221-3067 Page 7 of 7 Texas Department of Transportation Traffic Light Synchronization Program III Welch System Grant Application l) Legal Applicant 2) Vendorldentification Number: a. ApplicantName City of Denton 17560005146000 b. OrganizationalUnit Engineering Dept 3) ProjectTraffkEnglneerorManager c. Street/P.O, Box 215 g. McKinney (Name&Telephone) d. City Denton e. County. Denton Jerry Clark (817)566-8358 f. State Tx g. Zip 76201 4) Number of Signalized lntersections: h. Population (1990 Census Ilureau t:igure): · In jurisdiction 63 66,270 · Incoordinatedsystems 38 ,. pr~e~t~r~[ta~l~nl~r/~n~e_~phone): ® In proposed project 5 S) Proposed Funding Attachments a. State Oil Overcharge Fund$ $ 56,929.40 a. Standard Assurances b. Local S 18,976.47 b. ProjectAreaMaps c. TxDOT(if signals are maintained c. Description of Project and operated by TxDOT) $ d. Ouality of Service d. Other(Specify) S e. Total $. 75~905.87 e. Budget NOTE: The oil overcharge amount for equipment f. Project Task Responsibility shall not exceed 70% of the total amount of g. Debarment Certification oll overcharge funds requested. 6) General information a. Are any of your project signals operated or maintained by other agencies? Yes __ No X If yes, describe b. Who currently makes the decisions on how to set your signals? City Engineer ' s Staff c. Approximately how many local staff person-years (or fraction thereof) are currently devoted to traffic Signal timing in your jurisdiction? Include all categories of eff~rt, including data,a, cquisition, plan development, implementation, checking and surveillance. Approxima.cely qO person years. Comments: d. Who is currently responsible for maintaining your signals? City Traffic Dept e. Doyouhaveplansformajorcapitalimprovementstoupgradeyourproposedprojectnetwork? Yes No X If yes, do you have a schedule, budget proposal or funds already committed? Yes No . Explain: f. Have Significant changes in traffic levels or patterns in the pro eot area occurred as a resul~ of new dove opment, road improvements, etc.. since the last retiming effort? Yes ~ No ~__ E~plain: Th~ ~s a new system with no previous system timing efforts. 1 General Information, (contd.) g. Do you &nticipate Slgnificant changes in traffic levels or patterns ~n the project area aia result of ~ew development, road improvements, etc., within the next three years? Yes __ No X Explain: The City is expecting a healthl¥ but steady overall citywide _ ~rowth over the next three years. Arterial traffic ~rnw~h wm~ld approximate 2-5% annually. h. Explain how the equipment needs for this project aree were determined and the type and features of the equipment you propose for the project. Attach extra page if needed. See Attached i. List below specific local agency staff that would bt assigned to this project. Outline local staff traffic engineering experience, prior training in and use of the TRANSYT 7F and PASSER signal timing pro- grams, and role in this project. Attach extra page if needed. (Note: Prior experience with TRANSYT 7F lind PAssER is not required.) See Attached J. Supply any additional information that would be useful for the review of thls application. Also, you may use this space to expend any of your answers to the previous questions. Attach extra page if needed. k. Was your City involved in the first or second TLS or Traffic Management program? X yes__no If yes, is any additional staff training in the use of the PASSER or TRANSYT computer models needed? If yes, please answer question I. g yes no 1. Indicate course date preference, number of people that would attend and whether they are local staff and/or consultant. PASSER Ii & III October4-6, 1994 2 #of people( 2 Iocalstaff 0 consultant) TRANSYTTF September27-29, 1994 ._~_.#ofpeople( ~, Iocalstaff 0 consultant) 7) Applicant Certification: To the best of my knowledge and belief, information in this application is true and correct, the document has been duly authorized by the governing body of the applicant, end the applicant will comply with the attached assurances if the application is approved. Any grant money received will Supplement and not supplant any existing local funding presently dedicated to signal timing efforts. SignatUre Typed Or Printed Name cod Title 2 6. General Information (continued) h. The City has initiated a program of upgrading their master controllers to Transyt model 3800 EL. To obtain full utilization of the capabilities of this master controller, four of the existing five local controllers and cabinets in this proposed system should be replaced. Additional equipment needs to hardwire this proposed system into the appropriate master include 2930' of overhead interconnect cable, 2780' of underground interconnect cable, and 2230' of 2" conduit. The City's past signal related improvement programs have utilized Transyt model controllers and associated equipment and it is their intention to continue such in order to simplify maintenance operations, employee learning curves, and equipment purchasing and stockpiling. i. Jerry Clark, P.E., Director of Engineering and Transportation Engineering experience including traffic: 15 years. No organized training in PASSER or TRANSYT. Role in project: Overall project management. Manuel Coronado, Traffic Control Supervisor Traffic signal technician experience: 9 years. Has had prior training in PASSER. Role in project: Provide technical support to and management of signal technicians. Jeff Gann, Traffic Signal Technician Traffic experience: 7 years. Has had prior training in PASSER and TRANSYT. Role in project: Field installations, field studies, and technical support. Mike May, Traffic Signal Technichn Traffic experience: 4 years. Has had prior training in PASSER and TRANSYT. Role in project: Field installations, field studies, and technical support. New Traffic Signal Technician (to be hired) Traffic experience: Unknown. Prior training is unknown. Role in project: Field installations, field studies, and technical support. Applicant City of Denton Attachment A Local Governments' Standard Assurances The L.o.c.al Gove.rn.ment he. re, by assure, s and certifies that t w I comp y with the r. eg_u. latlg.ns, po[lc!es, gu. ic~eline..s, and requirements, including OMB Circulars A-102 and ,~:u/,.as t?ey r.el_ate to the apphcation, .accep. t,.ance, and use of state funds for this project. ALSO, the Local bovernment assures and cerhfies to the grant that: 1. It. p.o. ssess.e.s le~lal a. uthor ry. to a. pply for the g rant; that a.r.esolution, motion, or similar .actl ,on ?as be.en o, uly adopt.e..d or passed as an official act of the applicant's gov. ern!ng ~ooy, au.thorlzing the fihn[g of the ap. plication, including all u. nclerStano}ngs a..n.d assurances contained therein, and directing and authorizing the pets.on ide. n.t~f)ed as t..he official representative of the applicant to act in cE~nnectlon With the application and to provide such addit~0nal information as may required. 2. It will .comply ..w, ith. T. itle VI of. the Civil Rights A~ of 1964 (PL 88-352) and in accoro .ance, w~th T~t. le VI of that Act, n.o. person m the United States shall, on the grou. nos or ra.ce, color, or national origin be excluded from participation in, be deme.d .b. en, efit%o.f, or. be Otherwise subjected to discrimination ur~der any program .or act?}ty ~or which the applicant receives federa financia. I assistance and will Immediately take any measures necessary to effectuate this agreement. 3. It will comply .w, ith. Ti.fie ,V.I of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting emp!oyment d~scr~mtnat,~on where (1) the primary purpose of a rant is to provide ~emp. loym.ent, or (2) discr, lminatory employment practices will resgult in un. equal treatment or persons who are or should be benefiting from the grant-reded activity. 4. I,t will comply w~th requirements of t..h.e provisions of the Uniform Relocat on ,As. sistan, ce a~d .R.eal Property Ac. quismons.Act of 1970 (PL 91-646) which provides for lair anc~ eqmtable tr.eatment of persons d~splaced as a result of state or federal and state or federally assisted programs. 5. It will comply with the provisions of the Hatch Act which limit the political activity of employees. " 6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair labor Standards ACt astheyapplyto hosD ta and educational inst tution employees of state and local gov'er'nments: 7. It will est.a, bl!s.h safeguar,.ds to prohibit employees from using their positions f.or a purpose that Is or g~ves the appearance of being motivated by a desire for prwate ga in for themselves or others, particularly those with whom they have family, business, or other ties. 8. It will give the sponsoring agency the access to and the right to examine all records, books, papers, or documents related to the grant. 9. It will comply with all requirements imposed by the sponsor ncl ac~ency concerning special requirements of law, program requirements, and othe~ac]min]strative requirements. 10. It will insure that the facilities Under its ownersh p, lease, or superv sion which shall be utilized in the accomplishment of the project are not listed on the . Environmental Protection Aclency's (EPA) list of violatinQ facilities and that it will notify the gra.n, tor agency or'the r.e. ceipt .of a,n.y communication from the D. irector of t.he EPA office of Federal Activities indicating that a facility to be used m the ProJect is under consideration for listing by the EPA. 11. Itwill comply wIth the flood insurance purchase recluirements of Section 102(a) of the Flood Disaster PrOtection Act of t973, PL 93°234, 87 5tat. 975, approved December 31, !976. Section 102(a) tecluires, on and after March 2, 1975, the pur- chase of flood ~nsurance in communities where such insurance is available as a con- dition for the receipt of any federal financial assistance for construction or acquisi- tion purposes for use. in any area that has been identified by the. Secreta.ry of the Department of HousIng and U.rban .Devel.opment as an area hawng special flood. hazards. The phrase ~federal financml ass~s, ta nc.e.~ includes any form of loan, grant, guaranty, insuranc.e, payment, rebate, subsidy, d~saster assistance loan or grant, or any other form of d rect or indirect federal assistance. 12. It will assist the grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Arche. olog!cal and Histor!c Preservation .A. ct of 1966 (26 USC469a-1 et seq.) by (a) consulting wIth the State H~storic Preservation Officer to conduct the investigation, as necessary, to identify properties listed in or eligible for inclusion in the National Register ?f. ~!storic Place. s t. hat are subject to adverse effects (see 36.CFR 800.8) by the act~wty, and notifying the federal grantor agency of the ex~ste .nce of any such ioroperties, and I~y (b) complying with all requirements established .b.y the federal grantor agency to avoidor mitigate adverse effects upon such propertIes. 13. It will comply with Texas Civil 5tat.utes, Art. 5996.a, by insuring that no office[, employee, or member of the applicant's governing ~ody or of the applica.nt s contract shall vote o.r. confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the govern, lng body or to any other officer or employee authorized to employ or sUperv~se such person. This prohi.bition shall not prohibit the employment of a pe. rson who shall have been contmuouslyemployed for a period of two years prior to the election or appointment of the officer, employee, or govermng body member related to such person in the prohibited degree.. It wi!l insure th.at all information collected, assembled, or maintained by the aPp. hcant relative to this project shall be available to the public during normal bus~nes.s hours in compliance with Texas Civil Statutes, Art. 6252-17a, unless otherwise expressly provided by law. It Wi!l complg with Texas Civil Statutes, Art. 6252-17, which requires all regular, special, or called meetings of governmental bodies to be open to the public,.except as otherwise provided by law or specifically permitted in the Texas ConstitutIon. Applicant, City of Denton Attachment B Project Area Maps Attach two 8 ½-inch x 11-inch maps aS described below. A. A map showing the locale of each proposed TLS project within your jurisdiction. B. A map show!ng the signalized intersections of each system with the following information. 1. Average Daily Traffic 2. Circulation Pattern (identify One-Way Streets) 3. A Scale or Identification of the Distance Between Adjacent Signals Pol.t ?6258 // 76259 ~, ---- ,~: Lift · ~,,~ ., EIn 75,O34. MAP A WELCH SYSTEM COLLIN~ ~ FANNIN cD ,-..I < ~D EAGLE ~ ~ MAPLE ~ m ~ ~ CH[STNUT ~ SYCAMBRE 0 = HULBERRY ~ > < HICKDRY ~ ~ IV' DAK ~ Applicant City of Denton Attachment C Description of Project System Name: Welch No. of Intersections: 5 System Configuration: Grid~Arterial. x System Coordination: Hardwire x Time-Based System Controller: Type Transyt model locals and master Maximum # of Time-of-Day Plans: 9 Current f/of Time-of-Day Plans: None Indicate below each time period cycle length: AMPeriod N/A Mid-DayPeriod N/A PM Period N/A Last Date Timing Plans Revised for the Entire System: New System Average Signal Spacing: 730' Applicant City of Denton Attachment D Quality of Service Study Method sT. he applicant is to use the followine instructions to fmnrl,~-&, ,,...-,1:., Ig na Is pro. posed to be included in t~e project. The a't~'c'h'e'c~ ~J ~'~t; 'o~f~S' ~,~c~" of Summary is to be completed and submitted with the application. !ntroduction Est. abli.Shin:g the demand for trafficsigna ret mina ora et't~ k nnrt;r.larlu ri .ex?ns!ye ~ata cqllectlon and analvsi£is oerforme~ ga-f~,-~'g L'~-'&'~,;L-;:f,~,'~,~':~ ~ L ~a~: ee sgs~ma ?~a. ,r t~,f~t ~ e~ ~! .e... ,ct~b,e~i ~n g p' ropos' a.d., it.!s b~ y_-o~n' ~ 't~h' ~s' ~ ~ '~p~r~i' ;n~ n' 'a~'~ ...... ,~ o=,uua~u w~m [ne ~rant application. Lonsequently, the TLS program will. req. uire a Simple study of.t.r?.vel t~me performance for each project proposal which should be In the ra~nge of Capabilities of aDD vine local aovernm,ntc =nd s-.e?a ry of the op. erat o,a stud; s jus · wm oe used as an inexact gmdehne to assist in project selection and prioritization. General Desc~ ~Tthe tr.avel time study methods defined here are not intend.ri tn he · stlcaJly cam, p. r.ehens, lve, but ruth. er to be Imple..m. entable by any local government using amy a vehicle a.na a stopwatch. The study will be a general summary of delay on each street of the proje~. Data should only be collected on Tuesdays, Wednesdays and T.h ur..sdays. The study will cover Onlv the oeak neriod as de~i-,,,4 k,, Appllca n.ts are enco. uraged to use tlle rna' s.t he~v'ly tr'avelle~i'~i~nYle~o;r' i~t~y'l~i'caI da to e. sta. bhsh the. typical worst case. Travel times on all street~ will h, perloa; according tothe following methodology. - ...................... St u_Lu_~Ld M e t h o d o IoJg_qy An intersect'on is daf ned as a junction of streets controlled by a traffic signal which is part of the Project being proposed· Tray. el time runs will be performed in all leeal direction~ nn ,nth ~t,=os a~g Hal in one olrectlon. For gna networks, two runs in each .direction will be. done for each network street that.pasSes thr.o, ugh two or more network signals For arter a ?¥ste, ms, t. hree runs in each d~rection will be done. The time nf rrn¢¢inn _,?/~[r_st Sj,g n,al will.be rec..orded !,o.t the stop-watch.will be started) an~the t me of ~-~earmg Ina ~ast intersection wul oe recorded (or the stop-watch will be stopped). Th.e driver of the~ st.udy.veh, icle sba. uld attempt to approach the first signal in a grid sys. te.m,on~e, at.the ~egmnlng anc~ once during the middle of the mr.an a~uu~u the. a~emp[ [o er ve the lengm o,t. the street at .the posted speed limit. Delay Will be .caused when o,ther vehicles or traffic control devices impede the progress of the study vehicle: and the dr var s. hould not take extraordinary measures to avoid delay. Gene rally, the.dnver should stay m the most typically used through lane (such as the center Or median lane). Accompanying the travel time .run ,w. ill be a description of the street geome.try for each section o~ the street. A section ts deflnecl' as the portion of the street extending fro. m the..stop,hne o.f one co, ntr,.olle.d inte, rsectlon to the stop line of the next controlled inter- section aown. stream, ~ectlon length, number of I.anes, and. posted speed limit should be recorded. If theposte.d speed changes in the sect on, a we ghted average shou d be calculated basedon distance. For.exampl.e: a sectio,n of street is 800 feet long and is posted for 30 mph in the direction unaer conslaerat on for S00 feet and 40 mph for 300 feet. The average posted speed would be (30 mph x 500 feet) + (40 mph x 300 feet) 800 feet = 3:1.75 mph Number of lanes is measured at the stop line at the beginning of the section, not including turn bays. For each street, average daily traffic counts should be provided. Data up to five years old is acceptable as long as significant changes in traffic patterns have not occurred. Free flow travel time sh.ou, ld be calculated assuming no stops and t. raffic flow at.the average posted speed hmlt. The free flow travel time for each section s the section lengt, h d!vided by the speed in feet/sec. Speed !n mph is converted to feet/sec by multiplying by i.47. Th.e total free flow travel t~me ts the total of the section free flow t.ravel times. The delay ts the difference between free flow travel time and actual travel t~me, aver. aged from the travel time runs. For example, a street contains two sections. Section 1 IS 800 feet and has a 35 mph average pos.t, ecl. speed limit, and Section 2 is 1200 feet long and has a 40 mph average posted speed Emit. The free flow travel time would be 800 feet 1200 feet 35 ~.47 + 40 m-~ x 1.47 = 36 seconds The Quality of. Service Summary form has been provided to allow the convenient orga- nization of thts data. One form should be filled out for each combination of street and direction. Applicants should duplicate the form as necessary. Summary The proced, ure o.utlined here will provide a rough synopsis of the existing typical worst case situation U. Sln.g data that can be col ected very qu ckly. For arterial systems, only data along the artery, a! ts necessary..The runs have been defined to eliminate the inclusion of .boundary conditiOns (such as s!de street delay on an arterial), which, though they may Inhibit a complete unde.r, sta,n, dlng of the situation, will allow arterial and grid networks to be compared in a simdar hght. Applicant City of Denton Attachment D Traffic Ught Synthronization Program III Quality of Service Summary Agency: City of Denton Street Name: Welch Direction of Travel Time Run: Northbound Section Cross Street Name Section Avg. Posted Number of Free Flow Length Speed Lanes TravelTime 1 ~.agle - _ 2 Highland 985 ' 26.2 2 25.6 3 Prairie 395 ' 20 2 13.4 4 Chestnut 400' 20 2 13.6 5 Hickory 1,135 ' 23.3 2 33.1 6 7 8 9 10 11 12 13 14 15 16 18 19 20 ~f Study: 3/23/94 I Total Free Flow Travel Time 85.7 lTime of Study: 4:30 - 5:30 PM I 128.0 Measured Travel Time - Run I for Street: 10,799 vpd I Run2 179.0  Run 3 (Arterial Systems) 134.0 Average Measured Travel Time 147.0 Delay for this Street and Direction 61.3 Applicant City of Denton Attachment D ?raffic light Synchronization Program III Quality of Service Summary Agency: City of Denton Street Name: Welch Direction of Travel Time Run: Southbound Section Cross Street Name Section Avg. Posted Number of Free Flow Length Speed Lanes TravelTime 1 Hickory - - - 2 Chestnut 1135 ' 23.3 2 33.1 3 Prairie 400' 20 2 13.6 4 Highland 395 ' 20 2 13.4 S Eagle 985' 26.2 2 25.6 6 7 8 9 10 12 13 14 15 16 17 18 19 2O Date(s) Study: 3/23/94 I Free Travel Time 85.7 of Total Flow ITtmeofStudy: 4:30 - 5:30 pM I Measured Travel Time - Run l 180.0 IAOTfo~Street: 10,799 vpd IRun2 142.0 Run 3 (Arterial Systems) 185.0 Comments: Average Measured Travel Time 169.0 Delay for this Street and Direction 83.3 Applicant City of Denton Attachment E Traffic Light Synchronization (TLS) Program III Budget Form Applicant Financial Contact: Jerry Clark Phone: (817) 566-8358 Personal Services Salaries and Wages for personnel inv.olved in the planning, development and implementation of the proposed project PoSition Salary Rate Number of Oil Overcharqe Local Match* ~ Funds See Attached Total Personal Services - $ 5,723.60 Operatinq Expenses Travel: $450/person/trip $ 1,800.00 (PASSER & TRANSYT (Rates) training in Austin) Other: Other: Total Operating Expenses $ 1,800.00 Equipment Items (List) See Attached Total Equipmentltems $ 37,371.00 - * Designate if local match is from the City or TxDOT. Attachment E (page 2) Subcontracts Oil Overcharqe Local Match* _Funds Consultant Services ** (Cummings & Pewitt) $ 6,761.27 - Other** (City Utility Contractor) 10,997.13 $ 13,252.87 TotaISubcontracts $ 17,758.40 $ 13,252.87 Others Total Others Grant Total $ 56,929.40 Total Local Match $ 18,976.47 (Indicate% of total project costs) ( 25.o %) IndicateTxDOT% of LocalMatch ( 0.0 %) TOTAL PROJECT COST $75.905.87 * Designate if local match is from the City or TxDOT. ** Attach detailed cost estimate. PERSONAL SERVICES COST ESTIMATE Oil Overcharge Local Position Salary Hours Funds Match Director $35.47 24 $0.00 $851.28 Supervisor $20.83 72 $0.00 $1,499.76 Signal Tech. $17.02 80 $0.00 $1,361.60 Signal Tech. $15.70 72 $0.00 $1,130.40 Signal Tech. $12.23 72 $0.00 $880.56 Total Personal Services 320 $0.00 $5,723.60 Salary includes hourly rate plus benefits. DETAILED EQUIPMENT COST ESTIMATE Item Purchased Amount Unit Unit Cost Cost Cable 5710 LF $0.90 $5,139.00 2" Conduit 2230 LF $2.00 $4,460.00 Hanger 44 EA $3.00 $132.00 Hook 5 EA $10.00 $50.00 Controller & Cabinet 4 EA $6,800.00 $27,200.00 Service Box 6 EA $65.00 $390.00 Total Cost $37,371.00 CONSULTANT'S DETAILED COST ESTIMATE Staff Salary Hours Cost Senior Engineer $28.84 56 $1,615.04 Assistant Engineer $17.31 36 $623.16 Technician $8.50 32 $272.00 Secretary $8.00 8 $64.00 Sub-Total 132 $2,574.20 Overhead (127.3%) $3,276.96 Labor plus Overhead $5,851.16 Fixed Fee (10%) $585.12 Total Expenses $325.00 Total Cost $6,761.27 CONTRACTOR'S DETAILED LABOR COST ESTIMATE Item Installed Amount Unit Unit Cost Cost Overhead Cable 2930 LF $2.00 $5,860.00 Underground Cable 2780 LF $1.00 $2,780.00 2" Conduit 2230 LF $7.00 $15,610.00 Total Cost $24,250.00 Appl!cant City of Denton Attachment F Project Task Responsibility (Please check appropriate agency or If joint responsibility° enter percentage for each.) Responsible Aqency Task Local Staff* Consultant ~00 0 · Field check Equipment lO 90 ® Collect field data 100 0 · Attend PASSERand TRANSYT Workshops 0 100 e Code data in com. puterand complete initial s~mulation run 0 100 e Calibrate model 0 100 · Comple.te"Before" field evaluabon 20 80 ~ Com.p. lete c~ptimization runsand selection of plans 90 10 e Implement timing plans 40 60 · Fine-tune timing plans 0 100 · Complete simulation of plans implemented in field 0 lO0 e Complete"After" field evaluation * Enter "TxDOT" if the task is the department's responsibility. Applicant City of Denton Attachment G Debarment Certification (Negotiated Contracts) (1) The LOCAL GOVERNMENT certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public* transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity* with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions* terminated for cause or default. (2) Where the LOCAL GOVERNMENT is unable to certify to any of the statements in this certification, such LOCAL GOVERNMENT shall attach an explanation to this certification. *federal, state or local Form 1734~^ 4-89