1992-194· wpdocs\2181krev 2
ORDINANCE NO. ~
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR INSTALLATION OF
TRAFFIC SIGNAL CONTROLLERS ON FM 2181 AT ITS INTERSECTION WITH
INTERSTATE HIGHWAY 35E, OAK MEADOW DRIVE, AND LONDONDERRY LANE IN
DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the City Manager is hereby authorized to
execute an agreement with the Texas Department of Transportation
for installation of traffic signal controllers on FM 2181 at its
lnterseotlon with Interstate Highway 35E, Oak Meadow Drive, and
Londonderry Lane in Denton.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement.
SECTION III. That Ordinance No. 92-145 is repealed
SECTION IV That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the ~/4'day of ~, 1992.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
Agreement No
STATE OF TEXAS
COUNTY OF TRAVIS
AGREEMENT FOR THE INSTALLATION OF
TRAFFIC SIGNAL CONTROLLERS BY A MUNICIPALITY
THIS AGREEMENT ~s made by and between the State of Texas, acting through the Texas
Department of Transportation, hereinafter called the "State", and the C~ty of Denton ,
Denton County, Texas, hereinafter called the "C~ty", act~ngJ~y and through ~ts duly
authorized officers as evidence by ~/Ord~nance No ~_,~,~__, hereinafter
acknowledged by reference
WI!NESSETH
WHEREAS, the State owns and maintains a system of h~ghways and roadways, ~nclud~ng
F M 2181 and 1-35E, ~n the C~ty of Denton, and
WHEREAS, the C~ty has requested the State to reimburse the cost of obtaining and
~nstalhng the traffic s~gnal controllers at the ~ntersect~on of 1-35E and FM 2181, the
~ntersect~on of FM 2181 and Oak Meadow Dnve, and the ~ntersect~on of FM 2181 and
Londonderry Lane, hereinafter called the "Project", and
WHEREAS, the State and C~ty w~sh to cooperate ~n the construction of th~s Project and
WHEREAS, the C~ty desires that equipment be prowded that ~s compabble w~th standard
s~gnal operation and, and
WHEREAS, ~t ~s ~n the best ~nterest of the C~ty and the State for the C~ty to assist the State
~n supplying traffic control equipment on the Project, and
WHEREAS, on th~s 29th day of November, 1988, the Texas Transportation Commission
passed M~nute Order No 88031, approving the Project, and
WHEREAS, the Project has been designated as a federal-a~d program and thus th~s
agreement shall be made ~n accordance w~th Federal H~ghway Administration (FHWA)
procedures and regulations, and
WHEREAS, the State ~s authorized to enter ~nto an agreement w~th the C~ty for the Project
pursuant to Article 6673-b, V A C S,
Sheet 1 of 8
NOW THEREFORE, ~n consideration of the premises and of the mutual covenants and
agreements of the part~es hereto to be by them respectively kept and performed as
hereinafter set forth, ~t ~s agreed as follows
ARTICLE I CONTRACT PERIOD
Th~s agreement becomes effective on hnal execubon by the State and shall remain ~n
effect as long as sa~d traffic s~gnal controller ~s ~n operation at the descnbed location, or
unless otherwise terminated or modified as hereinafter prowded
ARTICLE 2 CONSTRUCTION RESPONSIBILITIES
A For all ~tems of construction other than furnishing and ~nstalhng the traffic s~gnal
controller, the State w~ll prepare the construction plans, advertise for b~ds, and let the
construction contract, or otherwise prowde for the construction and w~ll supervise the
construcbon as required by sa~d plans The State w~ll secure the C~ty's approval of
construction plans prior to award of contract
B The furnishing and ~nstallat~on of the traffic s~gnal controller w~ll be part of the
construction to be undertaken by the C~ty, and the State w~ll reimburse the C~ty for ~ts
contnbut~on to the Project, as prescnbed under Article 3, "Compensation"
ARTICLE 3 COMPENSATION
A The maximum amount under th~s agreement w~thout modification ~s
$ 34,180 95 A cost estimate of the work authonzed under th~s agreement ~s marked
"Attachment A", attached hereto and made a part of th~s agreement
B The State w~ll reimburse the C~ty the cost of furnishing and ~nstalhng the traffic s~gnal
controller as to the location and manner of construction as shown and described ~n the
plans and specifications
C The State w~ll reimburse the C~ty for properly supported costs ~ncurred under the terms
and conditions of th~s agreement Costs ~ncurred pnor to the ~ssuance of a written "Work
Order" by the State w~ll not be reimbursed Reimbursement w~ll be made by the State to
the C~ty for labor, equipment use, matenals, supphes, travel expenses, and warehouse
or material handhng charges prowded the C~ty has pa~d from C~ty funds their obhgat~ons
covering ~tems of costs prewously b~lled
Sheet 2 of 8
ARTICLE 4 PAYMENTS
A The City shall submit the State's Form 132, B~ll;ng Statement, or other type of ~nvolce
acceptable to the State upon completion of the Project and the State's acceptance
thereof
B An original and four (4) copies of the Billing Statement should be submitted to the
follow~ng address P O Box 3067, Dallas, Texas 75221-3067
C All b~ll~ng statements shall be properly documented, summar;z~ng the costs by
descnpt~on of work performed, quantity of matenals and dawces, unit price, labor costs,
and extensions
D The State shall make payment to the C~ty w~th;n thirty (30) days from receipt of the
C~ty's request for payment, prowded that the request ~s properly prepared, executed, and
documented
E Unsupported charges or charges after final acceptance by the State w~ll not be
considered ehg~ble for reimbursement The State w~ll prepare a f~nal audit upon
completion of the work authorized or at any t~me an audit ~s deemed to be ~n the best
~nterest of the State
ARTICLE 5 PERSONNEL, EQUIPMENT, AND MATERIAL
A The C~ty will use labor and supervisory personnel employed d~rectly by the C~ty, and
using C~ty-owned machinery, equipment, and vehicles necessary for the work In the
event that the C~ty does not have the necessary machinery, equipment, and veh;cles
necessary to perform the work, the machinery, equipment, and vehicles may be rented
or leased as necessary at the Iow b~d price submitted by at least two approved b~dders
B Reimbursement for the use of materials purchased by other than compet~t;ve b~d
procedures w~ll be made only ~f such procedures are shown to be ~n the public ;nterest
and prowded the State shall have g~ven prior approval for the use of sa~d materials All
materials used for the work shall be new and undeprec;ated
ARTICLE 6 INSPECTION OF WORK
A The State shall make suitable, frequent, and complete ~nspect~on of all materials, and
equipment, and the work of ;nstallatlon to determine and permit certification that the
Project and ~ts components meet all applicable requirements of the plans and
specifications ~n suitable condition for operation and maintenance by the C~ty after ;ts
complet;on
Sheet 3 of 8
B The C~ty w~ll provide opportun~bes, fac~ht~es and representative samples, as may be
required, to enable the State to carry on suitable, frequent, and complete ~nspect~on of
all matenals, and apphcat~on methods, sufficient to afford determination and certification
by the State that all parts of the ~nstallat~on and the component materials comply w~th the
requirements of the approved plans and spec~hcat~ons The State w~ll promptly not~fy the
C~ty of any failure of matenals, equipment or ~nstallat~on methods, and the C~ty w~ll take
such measures as necessary to obtain acceptable systems components and ~nstallat~on
procedures w~thout delay
ARTICLE 7 MAINTENANCE AND OPERATION RESPONSIBILITIES
Upon completion of the Project, the C~ty agrees to operate and maintain at ~ts own
expense, the traffic s~gnals as a part of the street system and agrees to assume the cost
of all electrical power required for signal operation, ~ncludlng the electrical power needed
dunng test penods
ARTICLE 8 TERMINATION
A Th~s agreement may be terminated by one of the following conditions
(1) By mutual agreement and consent of both part~es
(2) By the State by writing not~ce to the C~ty as consequence of
failure by the C~ty to perform the services and obhgat~ons set
forth ~n a satisfactory manner and within the hm~ts prowded,
w~th proper allowances being made for c~rcumstances beyond the
control of the City
(3) By e~ther party, upon thirty (30) days written notice to the
other
B If, at any t~me, the C~ty fails to assume the construction respons~b~ht~es as prescribed
here~n or the maintenance and operation respons~b~ht~es for the traffic s~gnals ~n a
satisfactory manner as determined by the State, the State reserves the right to assume
the construction respons~b~ht~es or to arrange for maintenance and operation
responsiblht~es at the expense of the C~ty
ARTICLE 9 INDEMNIFICATION
To the extent permitted by law, the C~ty shall save harmless the State from all claims and
hab~hty due to act~wt~es of ~tself, ~ts agents, or employees, performed under th~s agreement
and which result from an error, omission, or neghgent act of the C~ty or of any person
employed by the C~ty The C~ty shall also save harmless the State from any and all
expenses, including attorney fees which might be ~ncurred by the State in htlgatlon or
otherwise resisting sa~d claim or hab~ht~es which m~ght be ~mposed on the State as the
result of such act~wt~es by the C~ty, ~ts agents or employees
Sheet 4 of 8
ARTICLE 10. REMEDIES
V~olat~on or breach of contract terms by the C~ty shall be grounds for termination of the
agreement, and any ~ncreased cost ans~ng from the City's default, breach of contract, or
wolat~on of terms shall be pa~d by the C~ty This agreement shall not be considered as
specifying the exclusive remedy for any default, but all remedies ex~st~ng at law and ~n
equity may be availed of by e~ther party and shall be cumulative
ARTICLE 11, DISPUTES
Should d~sputes anse as to respons~b~ht~es and obhgat~ons as set forth ~n th~s agreement,
the State's decision shall be final and b~nd~ng
ARTICLE 12, SUBLETrlNG
The C~ty shall not sublet or transfer any port~on of ~ts respons~b~ht~es and obhgat~ons
under th~s agreement unless specifically authorized ~n wntmg by the State In the event
subcontracts are entered ~nto by the C~ty, the subcontractors must adhere to the
prows~ons of th~s agreement
ARTICLE 13, AMENDMENTS
Changes ~n the t~me frame, character, respons~b~ht~es, or obhgat~ons authorized here~n
shall be enacted by written amendment Any amendment to th~s agreement must be
executed by both part~es
ARTICLE 14, INSURANCE
C~ty, as a self-~nsured entity performing work only w~th C~ty forces, shall extend the
protection of ~ts self-~nsurance to the State for any and all damages and ~nlur~es arising
from C~ty's performance under th~s Agreement The provisions of th~s paragraph are
solely for the benefit of the part~es hereto and not ~ntended to create or grant any r~ghts,
contractual or otherwise, to any other person or entity
Pnor to the C~ty performing work on the Project, the C~ty shall furnish
to the State a completed Certificate of Insurance (Form 20 102 3-82)
ARTICLE 15 SUCCESSORS AND ASSIGNS
The City shall not assign or otherwise transfer ~ts nghts or obhgatlons under th~s
agreement except w~th the prior written consent of the State
Sheet 5 of 8
ARTICLE 16 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 C~ty for the purpose of checking the amount of the work
per[ormed by the C~ty at the t;me of contract termination The C~ty shall maintain all
books, documents, papers, accounting records and other documentation relating to costs
~ncurred under th~s contract and shall make such materials ava;lable to the State, FHWA
or ~ts duly authonzed representatives for rewew and ~nspect;on at ;ts office during the
contract per~od and for three (3) years from the date of final payment under th;s contract
or until ~mpend~ng I~t~gat~on ~s resolved Additionally, the State, FHWA and ~ts duly
authorized representatives shall have access to all records of the C~ty which are d~rectly
applicable to th~s contract for the purpose of making audits, examinations, excerpts and
transcriptions
ARTICLE 17 LEGAL CONSTRUCTION
In case any one or more of the prows~ons contained ~n th~s agreement shall for any
reason, be held to be ~nvahd, ;llegal, or unenforceable ~n any respect, such ~nvahd~ty,
~llegal~ty, or unenforceab~hty shall not affect any other provision thereof and th~s agreement
shall be construed as ~f such ~nval~d, ~llegal, or unenforceable prows;on had never been
contained herein
ARTICLE 18 GOVERNING LAWS AND VENUE
Th~s agreement shall be construed under and ~n accordance w~th the laws of the State
of Texas Any legal actions regarding the part~es obligations under th~s agreement must
be filed ~n Traws County, Texas
ARTICLE 19 PRIOR AGREEMENTS SUPERSEDED
Th~s agreement constitutes the sole and only agreement of the part~es hereto and
supersedes any prior understandings or written or oral agreements between the part~es
respecting the w~th;n subJect matter
ARTICLE 20 OMB A-128 AUDIT REQUIREMENTS
The C~ty shall comply w~th the requirements of the Single Audit Act of 1984, P L 98-502,
ensunng that the s~ngle audit report ~ncludes the coverage stipulated ;n paragraphs 6, 8,
and 9 of OMB C~rcular No A-128
ARTICLE 21 PROCUREMENT STANDARDS
The C~ty shall adhere to the procurement standards set forth ~n T~tle 49 CFR Part 18 32
Sheet 6 of 8
ARTICLE 22 PROPERTY MANAGEMENT STANDARDS
The C~ty shall adhere to the property management standards set forth ~n T~tle 49 CFR Part
18 36
ARTICLE 23 COMPLIANCE WITH LAWS
The C~ty shall comply w~th all federal, state and local laws, statutes, ordinances, rules and
regulabons, and the orders and decrees of any court, adm~n~strabon bodies, or tnbunals
~n any matter affecbng the performance of the agreement, including w~thout hm~tat~on
worker's compensation laws, m~nlmum and maximum salary and wage statutes and
regulations, and hcens~ng laws, permits and regulations When required, the C~ty furnish
the State with satisfactory proof of comphance
ARTICLE 24, CIVIL RIGHTS COMPLIANCE
The C~ty shall comply with the regulations of the Department of Transportabon 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 ~n the Department of Labor regulations (41 CFR 60)
ARTICLE 25 MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
The C~ty agrees to comply w~th the requirements set forth ~n Exhibit B,
"M~nonty Bus~ness Enterprise Program Requirements"
ARTICLE 26, DEBARMENT CERTIFICATIONS (APPLICABLE TO AGREEMENTS
WHICH EXCEED $100,000)
The C~ty is prohibited from making any award at any t~er to any party which ~s debarred
or suspended or otherwise excluded from or inehg~ble for parbc~pat~on ~n federal
assistance programs under Executive Order 12549, Debarment and Suspension The C~ty
shall require any party to a subcontract or purchase order awarded under th~s contract
as specified ~n T~tle 49 of the Code of Federal Regulation, Part 29 (Debarment and
Suspension) to certify ~ts ehglb~hty to receive federal funds and, when requested by the
State, to furnish a copy of the certification
ARTICLE 27 GRATUITIES
Attached hereto (Attachment B)
Sheet 7 of 8
IN WITNESS WHEREOF, The State and the C~ty have mgned duplicate counterparts of
the Agreement
CITY OF DENTON THE STATE OF TEXAS
v~.~,/~~ C ert,f,ed as be,ng executed for the
purpose and effect of activating
B_ "S~gnatur~ ' ~' and/or carrying out the orders,
established policies, or work
programs heretofore approved and
I~I~OYD V. HARRELL. CITY'MANAGER authonzed by the Texas
Typed Name and T~tle Transportation Commission under
the authonty of M~nute Order 100002
Date
S~gnature
A'FI'EST
JENNIFER WALTERS, CITY SECRETARY ~;:,-~TRAFFIC OPERATIONS ENGINEER
BY / z_ -?/-¢z~
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
Sheet 8 of 8
ATTACHMENT A (CONTD)
Equipment and associated costs of installing three permanent
traffic s~gnal controllers and cabinets at three ~nte_~lsectlons
on FH 2181 in Denton are as follows.
!
Personal Services
HOURS RATE TOTAL
Paul Iwuchukwu (Traffic Engineer).. 40 @ 20.72 = 828.80
Manny Coronado (Traffic Supervisor).35 @ 17.69 = 619.15
Jeff Gann (Traffic Tech) ....... 35 @ 14.54 = 508.90
Les Gibson (Traffic Tech) ....... 35 @ 13.87 = 485.15
Mike May (Traffic Techl ....... 35 @ 13.47 = 471.45
Consultant Cost for S~gnal
Synchronization .................. 30 @ 60 0() = 1,800
Contractor Cost for Hanual
T~afftc ('ouut~ ~00 O0
Labor cost Sub Total = 5,313.75
~au~oment
QTY COST TOTAL
Transvt 18~0EL 8 pha~e Controller
and (abinet ~oml, lete with all
plu~ables & Wodel 12EL LCD 2 @ 5,798.00= 1[,59b.00
Conflict Monitor.
~ransv~ 1880EL ¢'ontroiler and
Cabinet {~ame as above but for
Diamond operatzoll) [ @ 6,[56.00= 6,156.00
Canoga (Pt24T} Detector
Amplifiers. 8 @ 460.00 = ~,bS0.O0
fanoSa Power Supplies 3 @ 262.00 = 786.00
~l~sc Electrical Items 3 @ 50.(}0 = l~O.,)O
Equipment cost Sub Total = 22 668.00
Total cost (Permanent Sl~nals) = 27,981.75
Total Project cost = 34,180.95
questions please contact Paul lwuchukwu at (817) 566-8558
Attachment B
GRATUITIES
Texas Transportation Commission pohcy mandates that employees of the Department
shall not accept any benefits, g~fts or favors from any person doing bus~ness or who
reasonably speaking may do business with the State under th~s contract The only
exceptions allowed are ordinary busIness lunches and ~tems that have received the
advanced written approval of the Texas Department of Transportation Executive D~rector
Any person doing bus~ness w~th or who reasonably speaking do bus~ness w~th the State
under this contract may not make any offer of benefits, g~fts or favors to Departmental
employees, except as mentioned hereabove Failure on the part of the C~ty to adhere to
th~s policy may result ~n the termination of th~s contract
Exhibit "B"
SPECIAL PROVISION
MINORITY BUSINESS ENTERPRISE REQUIREMENTS
It ~s the pohcy of the Department of Transportation that M~nonty Bus~ness Enterprises as
dehned ~n 49 CFR Part 23, Subpart A, shall have the maximum opportunity to participate
~n the performance of contracts f~nanced ~n whole or ~n part w~th Federal funds
Consequently, the M~nonty Bus~ness Enterprise requirements of 49 CFR Part 23, exclusive
of Subpart D, apply to th~s contract as follows
The C~ty agrees to ensure that M~nonty Business Enterprises, as dehned ~n 49 CFR Part
23, Subpart A, have the maximum opportunity to participate ~n the performance of
contracts and subcontracts f~nanced ~n whole or ~n part w~th Federal funds In th~s regard,
the C~ty shall take all necessary and reasonable steps ~n accordance w~th 49 CFR Part
23, exclusive of Subpart D, to ensure that M~nor~ty Bus~ness Enterprises have the
maximum opportunity to compete for and perform contracts
The C~ty and any of ~ts subcontractors shall not d~scr~m~nate on the bas~s of race, color,
national ongm or sex ~n the award and performance of contracts funded ~n whole or ~n
part w~th Federal funds
These requirements shall be physically ~ncluded ~n 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 ~n termination of the contract by
the State or other such remedy as the State deems appropriate
Texas Department of Transportation
PO BOX 3067 · DALLAS, TEXAS 75221 3067 · (214) 320 6100
December 18, 1992
Mr. Jerry Clark, P.E. l?iI"~i ~[~"~l,~
C~ty Engmneer
Mun~cmpal Bu~ldmng -~ ~
215 East McK~nney
Denton, Texas 76201
Dear Mr. Clark
Please f~nd attached a completely executed counterpart agreement
for the Cmty to provmde traffzc s~gnal equipment for three
mntersectmons on F.M. 2181. We currently show thzs project to go
to contract mn March 1993 and expect the szgnal equipment to be
needed zn late 1993
Mr Dan Turk w~ll be mn charge of constructmng th~s project.
~$lnc~),
~llen, P.E
Dzre~o~f~ Transportation Operations
Attachment
An Equal Opportumty Employer