1992-145e:wpdocs\2181krev.
NOTE: REPEALED BY ORDINANCE 92-194.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTA-
TION FOR INSTALL~kTION 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 State Department of Highways
and Public 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.
SECTION I~. That the city Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement.
SECTION III. That Ordinances No. 92-104 is repealed.
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval. ~
PASSED AND APPROVED this the/~ day of~ 1992.
ATTEST:. BOB CASTLEBERRY, ~ ~,~
JENNIFER WALTERS, CITY SECRETARY
APPR~}VED A~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 is made by and between the State of Texas, acting through the Texas
Department of Transportation, hereinafter called the "State", and the City of Denton ,
Der~ton County, Texas, hereinafter called the "City", acting~y aqd,t~hr_,ough its duly
authorized officers as evidence by'l=l~s~'~/Ordinance No. ~, hereinafter
acknowledged by reference.
WlTN_ESSETH
WHEREAS, the State owns and maintains a system of highways and roadways, including
F.M. 2181 and 1-35E, in the City of Denton; and
WHEREAS, the City has requested the State to reimburse the cost of obtaining and
installing the traffic signal controllers at the intersection of 1-35E and FM 2181, the
intersection of FM 2181 and Oak Meadow Drive, and the intersection of FM 2181 and
Londonderry Lane, hereinafter called the "Project"; and
WHEREAS, the State and City wish to cooperate in the construction of this Project: and
WHEREAS, the City desires that equipment be provided that is compatible with standard
signal operation and; and
WHEREAS, it is in the best interest of the City and the State for the City to assist the State
in supplying traffic control equipment on the Project; and
WHEREAS, on this 29th day of November, 1988, the Texas Transportation Commission
passed Minute Order No. 88031, approving the Project; and
WHEREAS, the project has been designated as a federal-aid program and thus this
agreement shall be made in accordance with Federal Highway Administration (FHWA)
procedures~and regulations; and
WHEREAS, the State is authorized to enter into an agreement with the City for the Project
pursuant to Article 6673-b, V.A.C.S.;
Sheet 1 of 8
NOW YM£R~ORE, in consideration of the premises and of the mutual covenants and
agreements of the pa~ies hereto to be by them respe~ively kept and pe~ormed as
~ereinaffer set fo~h, 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 controller is in operation at the described location, or
unless otherwise terminated or modified as hereinafter provided.
ARTICLE 2, CONSTRUCTION RESPONSIBILITIES
A. For all items of construction other than furnishing and installing the traffic signal
controller, the State will prepare the construction plans, advertise for bids, and let the
construction contract, or otherwise provide for the construction and will supervise the
construction as required by said plans. The State will secure the City's approval of
construction plans prior to award of contract.
B. The furnishing and installation of the traffic signal controller will be part of the
construction to be undertaken by the City, and the State will reimburse the City for its
contribution to the Project, as prescribed under Article 3, "Compensation."
ARTICLE 3. COMPENSATION
A. The maximum amount under this agreement without modification is
$ 34,180.95. A cost estimate of the work authorized under this agreement is marked
"Attachment A", 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
controller as to the location and manner of construction as shown and described in the
plans and specifications.
C. The State will reimburse the City for properly supported costs incurred under the terms
and conditione of this agreement. Costs incurred prior to the issuance of a written "Work
Order" by the State will not be reimbursed. Reimbursement will be made by the State to
the City f.or.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.
Sheet 2 of 8
ARTICLE 4. PAYMENTS
A. The City shall submit the State's Form 132, Billing Statement, or other type of invoice
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
following address: P.O. Box 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. 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 5. PERSONNEL, EQUIPMENT, AND MATERIAL
A. The City will use labor and supervisory personnel employed directly by the City, and
using 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 Iow 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 6. 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.
Sheet 3 of 8
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 noti~ 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.
ARTICLE 7. MAINTENANCE AND OPERATION RESPONSIBILITIES
Upon completion of the Project, the City agrees to operate and maintain at its own
expense, the traffic signals as a part of the street system and agrees to assume the cost
of all electrical power required for signal operation, including the electrical power needed
during test periods.
ARTICLE 8. TERMINATION
A. This agreement may be terminated by one of the following conditions:
(1) By mutual agreement and consent of both parties.
(2) By the State by writing notice to the City as 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.
B. If, at any time, the City fails to assume the construction responsibilities as prescribed
herein or the maintenance and operation responsibilities for the traffic signals in a
satisfactory manner as determined by the State, the State reserves the right to assume
the construction responsibilities or to arrange for maintenance and operation
responsibilities at the expense of the City.
ARTICLE 9. INDEMNIFICATION
TO the extent permitted by law, the City shall save harmless the State from all claims and
liability due to activities of itself, its agents, or employees, performed under this agreement
and which result from an error, omission, or negligent act of the City or of any person
employed by the City. The City shall also save harmless the State from any and all
expenses, including attorney fees which might be incurred by the State in litigation or
otherwise resisting said claim or liabilities which might be imposed on the State as the
result of such activities by the City, 'its agents or employees.
Sheet 4 of 8
ARTICLE 10. 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 11. DISPUTES
Should disputes arise as to responsibilities and obligations as set forth in this agreement,
the State's decision shall be final and binding.
ARTICLE 12. SUBLET'rING
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 13. 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 14, INSURANCE
City, as a self-insured entity performing work only with City forces, shall extend the
protection of its self-insurance to the State for any and all damages and injuries arising
from City's performance under this Agreement. The provisions of this paragraph are
solely for the benefit of the parties hereto and not intended to create or grant any rights,
contractual or otherwise, to any other person or entity.
ARTICLE 15, 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.
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 City for the purpose of checking the amount of the work
performed 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, 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.
ARTICLE 17. 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 provisioh had never been
contained herein.
ARTICLE 18. 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 19. PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties
respecting the within subject matter.
ARTICLE 20. 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 21. PROCUREMENT STANDARDS
The City shall adhere to the procurement standards set forth in Title 49 CFR Part 18.32.
Sheet 6 of 8
ARTICLE 22. PROPERTY MANAGEMENT STANDARDS
The City shall adhere to the property management standards set forth in Title 49 CFR Part
18.36.
ARTICLE 23. 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 24. 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 lB)); 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 25. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
The City agrees to comply with the requirements set forth in Exhibit B,
"Minority Business Enterprise Program Requirements".
ARTICLE 26. 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 other wise 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.
Sheet 7 of 8
IN WITNESS WHEREOF, The State and the City have signed duplicate counterparts of
the Agreement.
CITY OF DENTON THE STATE OF TEXAS
~~~.~~/ Ce.ified as being executed for the
purpose and effect of activating
and/or carrying out the
Signature established policies, or work
programs heretofore approved and
LLOYD V, HARRF!:L- CITY MANAGER authorized by the Texas
Typed Name and Title Transportation Commission under
the authority of Minute Order 100002:
Date
By:
Signature
A3-1'EST:
JENNIFER WALTERS, CITY SECRETARY TRAFFIC OPERATIONS ENGINEER
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATI'ORNEY
Sheet 8 of 8
ATTACHHENT A (CONTD)
Equipment and associated costs of installing three permanent
traffic signal controllers and cabinets at three j~i]ters_~
on FM 2181 in Denton are as follows:
Personal Services
HOURS PATE TOTAL
Paul Iwuchukwu (Traffic Engineer).. 40 @ 20.?2 = 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.|5
Mike May (Traffic Tech) ....... 35 @ 13.47 = 471.45
Consultant Cost for Signal
Synchronization ................... 30 @ 60.00
Contractor. Cost for Manual
Traffic Counts .................... = 600.00
===========================
Labor cost Sub Total = 5,3i3.75
EOuiDmen~ co~J~
Q'rY COST TOTAL
Transyt 1880EL 8 phase Controller
and Cabinet complete with all
plu~ables & Model 12EL LCD 2 @ §,798.00= li,596.00
Conflict Monitor.
Transyt 1880EL Controller and
Cabtllet (~ame as above but for
Diamond operation) i @ 6,.156.U0= 6,-156.00
Cano~a (P[g4T} Detector
AmpLifiers. 8 · 460.00 = :~,680.00
Cano~a Power Supplies 3 @ 262.00 = 786.00
>lisc Elect~'~cal Items 3 @ 50.00
Equipment cost Sub Total = 22,668.00
Total cost (Permanent Signals) = 27,981.75
Total Project coat = 34,180.95
questions please contact Paul Iwuchukwu at (817} $66-835~.
Exhibit "B"
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.