1994-180AN 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 Agree-
ment between the city of Denton and the Texas Department of Trans-
portation for the furnishing and installing of traffic signals by
a municipality, 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 immed-
iately upon its passage an~ appro~ ~
PASSED AND APPROVED thls thed~/' day o , 1994.
ATTEST: BOB CASTLEBERRY, MAYOR/ ~
JENNIFER WALTERS, CITY SECRETARY
BY: v
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: ~~~
STATE OF TEXAS
COUNTY OF TI{AVIS
CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
AGREEMENT FOR THE FURNISHING AND INSTALLING OF
TRAFFIC SIGNALS BY A MUNICIPALITY
THIS AGREEMENT, is made by and between the State of Texas, acting through
the Texas Department of Transportation, hereinafter called the "State" and
the North Central Texas Council of Goyerr~r~t~a Metropolitan Planning Organization,
chartered under the laws of the State of Texas, acting by and through the
city of Denton , Denton County,
Texas, hereinafter called the "city", acting by and through its duly
authorized officers.
W I T N E S S E T_H
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991,
("ISTEA") codified under Title 23 U.S.C. Section 101 est seq., establishes
the National Intermodal Transportation System that is economically
efficient and environmentally sound, provides the foundation for the nation
to compete in the global ecenomy, and will move people and goods in an
energy efficient manner; and
WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation
and air quality improvement program ("CMAQ") to contribute to the
attainment of a national ambient air quality standard to be implemented by
the States' Transportation Agencies; and
WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning
Organizations ("MPO's") and the States' Transportation Agencies develop
transportation plans and programs for urbanized areas of the State; and
WHEREAS, Title 23 U.S.C. Section 120 establishes the Federal share of
funding for CMAQ programs involving the procurement and installation of
traffic signals as defined elsewhere in this agreement; and
WHEREAS, the State is empowered under existing laws to operate and maintain
a system of highways and roadways for public use and benefit; and
WHEREAS, The city has requested the State to reimburse the Federal
allowable percentage of the cost of installing traffic signals and other
items directly related to the operation of an intersection at the
intersections established herein, hereinafter called the "Project"; and
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WHEREAS, the.Project has been designated as a federal-aid project and thus
this agreement shall be mad~ in accordance with Federal Highway
Administration (FHWA) procedures and regulations; and
WHEREAS, the city has offered to participate in the development and
construction of the Project as defined elsewhere in this agreement; and
passed Resolution~nce No-'~~-~ , attached hereto and
identified as Exhibit "E", autho~'i~i~ the City's participation in the
development and construction of the Project; and
WHEREAS, the State will secure the federal cost share, and reimburse the
City for their appropriate cost associated with the project as defined
elsewhere in this agreement, and
WHEREAS, on the 29th day of Jutv , 1993 ,
the Texas Transportation Commission 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 into this agreement for the purposes defined herein;
AGREEMENT_
NOW THEREFORE, in consideration of the premises and of the mutual covenants
and agreements of the parties hereto to be by them respectively kept and
performed as hereinafter set forth, it is agreed as follows:
ARTICLE 1. CONTRACT PERIOD
This agreement becomes effective on final execution by the State and shall
remain in effect as long as said traffic signal(s) is/are in operation at
the described location(s) and the signal Project is incomplete, or unless
otherwise terminated or modified as hereinafter provided.
ARTICLE 2. WARRANTING DATA
The City will be responsible for collecting and preparing the required
warranting and justification data for each signalized intersection. The
data will be furnished to the State in a format approved by the State.
Only those intersections that are warranted and approved by the State will
be eligible for signalization under this agreement.
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ARTICLE 3. INTERSECTION LOCATIONS
A. Ail State-approved intersections which are included as paLt of the "On
State Highway System" will be acknowledged in Exhibit "A", attached hereto
and made a part of this agreement.
B. Ail State-approved intersections which are "Off State Highway System"
will be acknowledged in Exhibit "B", attached hereto and made a part of
this agreement.
ARTICLE 4. CONSTRUCTION RESPONSIBILITIES
A. The plans associated with the construction of the traffic signals will
be developed by the City, unless noted otherwise in paragraph "C" below.
The construction plans, which will require final approval by the State,
shall be prepared in accordance with the latest edition of the Texas Manual
on Uniform Traffic Control Devices (TMUTCD).
B. The City will construct the project with City forces in accordance with
the plans and the TMUTCD. Any variations will be noted in paragraph "C"
below.
C. Variations: None
ARTICLE 5. INSPECTION OF WORK
A. The State shall 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 suitable
condition for operation and maintenance by the City after its completion.
B. The City will provide opportunities, facilities and representative
samples, as may be required, to enable the State to carry on suitable,
frequent, and complete inspection of all materials, and application
methods, sufficient to afford determination and certification by the State
that all parts of the installation and the component materials comply with
the requirements of the approved plans and specifications. The State will
promptly notify the City of any failure of materials, equipment or
installation methods, and the City will take such measures as necessary to
obtain acceptable systems components and installation procedures without
delay.
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ARTICLE 6. PERSONNEL, EQUIPMENT AND MATERIAL
A. The City will use labor and supervisory personnel employed directly by
the City, and use City-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 in the public interest and provided the State shall have given prior
approval for the use of said materials. All materials used for the work
shall be new and undepreciated.
ARTICLE 7. COMPENSATION
A. The maximum amount under this agreement without modification is
$ 115,520.00 A cost estimate of the work authorized for each
intersection listed in Exhibits "A" and "B" shall be provided in Exhibit
"C", attached hereto and made a part of this agreement.
B. The State will reimburse the City the cost of furnishing and installing
the traffic signal equipment according to the location and manner of
construction as shown and described in the plans and specifications. The
State will reimburse the City for up to 100 % of the allowable costs for
the locations described in Exhibit "A". It is estimated that the cost of
construction inspection will be 5 % of the Droject construction costs.
The State will reimburse the city for up to --79 % of the allowable costs
for those locations described in Exhibit "B". The City will be responsible
for all costs in excess of 79 % of allowable construction costs for
locations described in Exhibit
C. The State will reimburse the City for properly supported costs
incurred under the terms and conditions of this agreement. Costs incurred
prior to the issuance of a written "Work Order" by the State will 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 City funds their obligations covering items
of costs previously billed.
D. The City shall comply with the cost principles established in OMB
Circular A-87, "Cost Principles for State and Local Governments".
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ARTICLE 8. 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
inspection 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 Billing Statement should be
submitted to the following address: Texas Department of Transportation
Director of Transportation Operations
F, O. 5ox 3067
Dallas, Texas 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.
D. The State shall make payment to the City within thirty (30) days from
receipt of the City's request for payment, provided that the request is
properly prepared, executed, and documented.
E. Unsupported charges or charges after final acceptance by the State will
not be considered eligible for reimbursement. If applicable or necessary
the State will prepare a final audit upon completion of the work authorized
or at any time an audit is deemed to be in the best interest of the State.
ARTICLE 9. TERMINATION
This agreement may be terminated by one of the following conditions:
(1) By mutual agreement and consent of both pa~ties.
(2) By the State giving written notice to the City as a consequence
of failure by the City to perform the services and obligations
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 either party, upon thirty (30) days written notice to the
other.
ARTICLE 10. INDEMNIFICATION
The City acknowledges that it is not an agent, servant, or employee of the
State, and that it is responsible for its own acts and deeds and for those
if its agents or employees during the performance of contract work.
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ARTICLE 11. REMEDIES
Violation 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
exclusive remedy for any default, but all remedies existing at law and in
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, th~ 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 in 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)
i~Ou-ts ide Insur eno e a ny_~_Wol~~
Prior to t~e city performing ~a~
furnish to the S~ficate of Ins . ~ ~ cu.±ut __
o]ect lasts. ---~3
Self 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
3-82) and shall maintain its self-insurance program in full force and
effect as long as this Project lasts. The State understands that the city
is a self insured entity for public liability purposes.
ARTICLE 16. SUCCESSORS AND ASSIGNS
The City shall not assign or otherwise transfer its rights or obligations
under this agreement except with the prior written consent of the State.
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ARTICLE 17. INSPECTION OF CITY'S BOOKS AND RECORDS
The State shall, 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 inspection 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.
A/~TICLE 18. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this agreement shall
for any reason, be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect
any other provision thereof and this agreement shall be construed as if
such invalid, illegal, or unenforceable provision had never been contained
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 in Travis County, Texas.
ARTICLE 20. PRIOR AGREEMENTS SUPEI~SEDED
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, ensuring 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 in Title 49
CFR, Part 18.32.
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ARTICLE 23. PROPERTY MANAGEMENT STANDARDS
The City shall adhere to the property management standards set forth in
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,
administration bodies, or tribunals in any matter affecting the performance
of the agreement, including without limitation worker's compensation laws,
minimum and maximum salary and wage statutes and regulations, and licensing
laws, permits and regulations. When required, the city furnish the State
with satisfactory proof of compliance.
ARTICLE 25. CIVIL RIGHTS COMPLIANCE
The city shall comply with the regulations of the Department of
Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR
710.405 (B)); also Executive Order 11246 titled "Equal Employment
Opportunity", as amended by Executive Order 11375 and as a supplemented in
the Department of Labor regulations (41 CFR 60).
ARTICLE 26. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
The City agrees to comply with the requirements set forth in Exhibit "D",
"Minority Business Enterprise Program Requirements".
ARTICLE 27. DEBARMENT CERTIFICATIONS (APPLICABLE TO AGREEMENTS WHICH
EXCEED $100,000)
The city is prohibited from making 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 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.
ARTICLE 28. TIME FRAME
The construction of the improvements in this contract shall be completed
and operational by the 1 day of September , 19 95
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IN WITNESS WHEREOF, the State and the city have signed duplicate
counterparts of the agreement.
Executed for the Executive Director
and approved for the Texas
the
'\~'/~q~'~¢ ~ / Authority of Minute Order 100002
By: , Transportation co~ission under
(Na
and Administrative Circular 26-93,
~.~~.~...~/ for the purpose and ef fect of
~ (Title)~ / activating and/or carrying out the
orders, established policies or
q/~/~ work programs by the Texas
-'~(bate) Transportation Commission.
- - ~irect~r, /
Traffi~ Operations Division
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Exhibit "A"
Control: 918-46-910
US 377 (Carroll) and Collins
Control: 134-9-903
US 380 (University Drive) and IH 35E
US 380 and Bonnie Brae
US 380 and Malone Street
US 380 and Fulton Street
US 380 and Alice Street
US 380 and Carroll Blvd.
US 380 and US 77 (Elm Street)
US 380 and US 77 (Locust Street)
Control: 135-10-900
US 380 (University Drive) and Bell Avenue
US 380 and Ruddell Street
US 380 and Nottingham Street
US 380 and Old North Road
US 380 and Loop 288
on system locations
Exhibit "B"
NONE
off system locations
EXHIBIT "C"
Traffic Signal Interconnect
West Section I 35 to U.S. 77
Contr01: 134-09-~03
Project Scope=
Construct interconnect wire utilizing existing utility poles. This will connect the
U.S. 380 (University Drive) at I.H. 35, Bonnie Brae, Malone Street, Fulton Street,
Alice Street, Carroll Boulevard, Elm Street and U.S. 77 (Locust Street) traffic
signals. The controller will be replaced at the Fulton, Alice and Elm streets
intersections. The controller and cabinet will be replaced at the Bonnie Brae and I35
intersections. Signal monitor and harness will be installed at the I.H. 35, Bonnie Brae
and Carroll intersections. This construction will allow the controllers at these
intersections to be linked together and set for appropriate timing progression
sequence.
Equipment Cost:
ITEM QTY UNIT COST TOTAL
Controller and cabinet 2 EA $6,206.00 $12,412.00
Controller 3 EA 1,586.00 4,758.00
Signal Monitor and Harness 3 EA 800.00 2,400.00
Detector Loop Card i EA 506.00 506.00
Power Supply Card 0 EA 245.00 0.00
Concrete 0 EA 150.00 0.00
SUB-TOTAL $20,076.00
Traffic Signal Personnel
(Interconnect Installation):
HRS UNIT COST TOTAL
Traffic Supervisor 6 EA $35.00 $210.00
Signal Tech 9 EA 30.00 270.00
Signal Tech 8 EA 30.00 240.00
Signal Tech 7 EA 30.00 210.00
SUB-TOTAL $930.00
Signal Tech (Timing Plan Process)~
I~M HRS UNIT COST TOTAL
Signal Tech 7 EA $30.00 $210.00
SUB-TOTAL $210.00
Electrical Personnel Services~
Equipment Cost: QTY UNIT COST TOTAL
Pickup 2 24 $15 $720.00
Bucket Truck Small 1 24 25 600.00
Bucket Truck Large I 24 40 960.00
Reel Trailer 1 16 5 80.00
Pulling System i 16 25 400.00
Trencher 1 4 25 100.00
Trailer 1 4 5 20.00
SUB-TOTAL $2,880.00
Labor Cost: HRS UNIT COST TOTAL
Engineer 1 8 $60 $480.00
Foreman 1 4 50 200.00
Lead Lineman 1 32 40 1,280.00
Lineman 2 32 25 1,600.00
Apprentice 2 32 25 1,600.00
SUB-TOTAL $5,160.00
Consultant (cummings & Pewitt):
Timing Plan Process (Paid by City) ($750.00)
TOTAL $29,256.00
EXHIBIT "C"
Traffic signal Interconnect
East Section U.S. 77 to Loop 288
Control: 13~-10-900
Project Scope~
Upgrade existing controllers hardware for U.S. 380 {University Drive) at Sell Avenue,
Ruddell Street, Nottinghara Street, Old North Road, and Loop 288 traffic signals. The
controller will be replaced at the Loop 288 intersection. The controller and cabinet
will be replaced at Ruddell street: and Old North Road intersections and a signal
monitor and harness will be installed at these two intersections. This upgrade will
allow for a "Time Based Coordination" of the signals along this section of U.S. 380.
Equipment Cost:
ITEM QTY UNIT COST TOTAL
Controller and Cabinet 2 EA $6,206.00 $12,412.00
Controller 2 EA 1,586.00 3,172.00
Signal Monitor and Harness 2 EA 800.00 1,600.00
Detector Loop Card 3 EA 506.00 1,518.00
Power Supply Card 1 EA 245.00 245.00
Concrete 1 EA 150.00 150.00
SUB-TOTAL $19,097.00
Personnel Services
Interconnect Installation ~
HRS
Traffic Supervisor 6 EA $35.00 $210.00
Signal Tech 16 EA 30.00 480.00
Signal Tech 13 EA 30.00 390.00
Signal Tech 12 EA 30.00 360.00
SUB-TOTAL $1,440.00
Personnel Services for
Timing Plan Process
HRS
Signal Tech 5 EA $30.00 $150.00
SUB -TOTAL $150.00
Consultant (C,mmlngs & Pewitt)
Timing Plan Process (Paid by City) ($350.00)
TOTAL $20,687.00
AEE00456
EXHIBIT "C"
CONTROL: 918-46-910
CARROLL ~D COLLINS TRAFFIC SIGNAL INSTALLATION
Personal Services for Siqual Installation[
TITLE HOURS RATE TOTAL
20 $60.00 $ 1,200.00
Engineer 80 35.00 2,800.00
Traffic Superv 240 30.00 7,200.00
Signal Tech 30.00 7,200.00
Signal Tech 240
Tech Asst 20 30.00 600.00
$19,000.00
personal Services for Pavement Marklnqs:
TI]~E HO%~{S RATE
16 30.00 480.00
Sign Tech 16 33.00 528.00
Tech Asst
$ 1,008.00
Equipment Cost~
ITeM QTY ~-NIT COST
Pedestrian Heads Complete/brackets 8 EA 200.00 $ 1,600.00
combo Pole/35' Mast Arm 2 EA 2,146.00 4,292.00
signal Pole/35' Mast Arm 1 EA 2,008.00 2,008.00
Signal Pole/40' Mast Arm 1 EA 2,008.00 2,008.00
Three Sec Heads/Complete 8 EA 275.00 2,200.00
Five Sec Meads/Complete 2 EA 420.00 840.00
70 Signal Wir~ 14 awg stranded 2000 LF 0.57 1,140.00
160 signal Cable 12 awg strand 1000 LF 1.10 1,100.00
Service cable 6 awg stranded 1000 LF 0.27 270.00
Service Ground 6 awg s~lid 1000 LF 0.50 500.00
Loop wire 1500 LF 0.12 180.00
Lead in cable 3M-3003 1500 LF 0.42 630.00
Loop Sealant 16 EA 154.00 2,464.00
6 EA 150.00 900.00
Pull boxes 3 EA 50.00 150.00
Meter Base 150.00
Electrical Disconnect 3 EA 50.00
Three inch PVC conduit 200 LF 1.00 200.00
Three inch Rigid conduit 20 LF 3.00 60.00
One Inch PVC Conduit 400 LF 0.18 72.00
Push Button with sign h0 EA 40.00 400.00
Transyt 1880EL 8 Ph cont/Complete i EA 6,500.00 6,500.00
Canoga (P424T} Detector Amp 3 EA 437 1,311.00
Canoga Power Supplies i EA 250 250.00
Misc Elec Items i EA 100.00 100.00
Advance Flasher Comp 2 EA 1,200.00 2,400.00
Advance Signal Sign 2 EA 90.00 180.00
Large Street Sign 4 EA 100.00 400.00
Protected Left Signs 2 EA 45.00 90.00
Lane Designation Sign 4 EA 90.00 360.00
5 Gallon White Paint I EA 150.00 150.00
5 Gallon Yellow Paint 1 EA 150.00 150.00
5 Gallon Epoxy Kits 2 EA 300.00 600.00
Box White Pavement Markers 4 EA 100.00 400.00
Concrete Pavement 10 SY 32.40 324.00
Pole Installation 4 EA 1,000.00 4,000.00
conduit Installation 620 LF 5.00 3,100.00
Traffic Signal Pole Bases 4 EA 1,000.00 4,000.00
(Steel, Concrete & Bolts)
Concrete removal 10 SY 9.00 90.00
SUB-TOTAL 45,569.00
TOTAL $65,577.00
Exhibit "C"
CONTROL: 918-46-910
Carroll and Collins Traffic Signal Installation $ 65,577.00
CONTROL: 134-09-903
U.S. 380: From I.H. 35 to U.S. 77 $29,256.00
CONTROL: 135-10-900
U.S. 380: From U.S. 77 to Loop 288 $20,687.00
Total $115,520.00
Exhibit "D"
SPECIAL PROVISION
MINORITY BUSINESS ENTERPRISE REQUIREMENTS
It is the policy of the Department of Transportation that Minority Business Enterprises as defined
in 49 CFR Part 23, Subpart A, shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in 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 in 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 in part with Federal
funds.
These requirements shall be physically included in 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 termination of the contract by the State
or other such remedy as the State deems appropriate.
EXHIBIT "E"
O DINANCE 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 Agree-
ment between the city of Denton and the Texas Department of Trans-
portation for the furnishing and installing of traffic signals by
a municipality, 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 immed-
iately upon its passage and appro~
PASSED AND APPROVED this the~/' day o , 1994.
BOB CASTLEBERRY, MAYOR/.~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
*.D Pu.L~ T.*.S.O.T^T~O. BILLING STATEMENT
Name of Payee Date 19___
Address City & State
DELIVERY DATE:_ VENDOR ID NUMBER:
S ~NVOIC[ SOURCE
LINK W DATE NUMBER FY S UNIT DESCRIPTION QUANTITYI UNIT PRICE AMOUNT
CASH DISCOUNT % -- DAYS __
TOTAL
lAC or MISC SDHPT BC
CONTRACT NO: REQ. NO: HW ORDER NO: DATE:
:t: DHT ITEM NO.
SEG.
CO. DETAIL AMOUUT I EQUIPMENT TRADE-IN TRADED
S NUMBER ALLOWANCE EQUIP. NO.
26
OR ::1: OHT ITEM NO.
DIST. 10 DETAIL AMOUUT MOD, ACTY EQUIP. NO.
LINK SEQ, OR ~ COST CENTER [ SFI
DIV.
70 OBJ. EQUIP. NO. ~ AC1¥.
THRU DTTAIL AMOUNT FUNC. OF HIGHWAY
79 EXP.
S
TASK OR COUNTY SYS. flUMBER U CIAS~
WORK ORDER
Contract: 185XXH8003
Quarterly Billing Summary
Congestion Mitigation Project
State Agency: Tx Department of Transportation Payment Period:
City of Denton
Control Section Job: 0135-9-903,etc Type of Payment:
County: Denton (Partial) (Final)
Vender Identification Number: 17560005146000
Functions or Activities
Local Share
CIP Funds)
Local Share
~t°~..o~ system)
ISTEA
TxDOT Share
21% on system)
ISTEA
FHWA Share
'otal City
reimbursment
.(~e~t~
Certification
I ce~i~ to the best of my knowledge and Signature of Authorized Cedi~ing Official Date
belief the data above are correct and that SubmiAed
all outlays were made in accordance with
~hone Number
the contract conditions or other agreement Typed or Printed Name and Title
and that payment is due and has not been
I previously reque~te~. .
This space for TxDOT use:
I ceAi~ that the above were rendered, or goods recieved, and that they correspond in eveW paAicular with
the contract, and that the claim is true and unpaid.
Name Title Date
J Texas Department of Transportation
P.O. BOX 3067 · DALLAS, TEXAS 75221-3067 · (214) 320-6100
December 30, 1994
Congestion Mitigation Air Quality Project ~l ~ ~[~
Controls: 918-46-910, 134-9-903, 135-10-900
US 377 at Collins
US 380: From: I.H. 35E ._
To: Loop 288
Denton County
Mr. Jerry Clark, P.E.
Director of Engineering
City of Denton
215 East McKinney Street
Municipal Building
Denton, Texas 76201
Dear Mr. Clark:
We are forwarding one signed copy of the agreement between TxDOT and the City of Denton
for the above subject project. Prior to the City beginning work, we have requested that the
Federal Highway Administration obligate the money for this project. However, the FHWA may
require an Implementation Plan prior to obligating the funds.
We are forwarding you information concerning the Implementation Plan required for all
Congestion Mitigation Air Quality Traffic Signal Projects. If the city has a number of projects
to be funded from CMAQ, and the projects are similar in nature or part of a central control
system, one implementation plan will be sufficient. For example, one implementation plan could
be submitted for all closed loop systems or other similar types of operating systems.
When work begins on this contract, the following guidelines should be used:
1). The City will provide TxDOT with monthly progress reports on the status of the project
(form attached).
2). The City will submit all bidding documents to TxDOT to review and to check
compliance with the contract.
3). The City will submit quarterly billing statements to TxDOT. A billing statement, form
132, all the supporting paper work, along with the attached summary sheet should be
included.
An Equal Opportuz~ty Employer
Mr. Clark
CMAQ Project
12/30/94
4). TxDOT will make periodic field inspections of tbe prqiect, and will make an inspection
prior to processing billing statements for payment.
5). Meetings will be held as needed concerning the project.
Please tbrward your Implementation Plan to us upon its completion. We will notify you when
the funds have been obligated in order for work to commence.
Feel free to contact Ms. Melanie Young, P.E., at (214)320-6229, for further information. We
look forward to working with you to complete this project.
Sincereld ,-~ ~
~/~)~' ::cYtoMr 'o fS~mr2 ;sPp'~tat~ie n Operations
Attachments