1987-116
1795L
NO If? -1/ &,
AN ORDINANCE APPROVING AN A('REEMENT BEfWbEN THE CITY OF DENTON
AND THE ~TATE OF fEXAS FOR INSTALLATION OF A TRAFFIC SIGNAL
CONTROLLER AT fHE 1NTBRSTATE HIGHWAY 35 FRONfAGE ROAD INIbR-
SECTION WITH UNITED STATES HIGHWAY 380, AND PROVIDING AN
EFFLCflVb DATE
THE COUNCIL OF THb CITY OF DENTON HbR[BY ORDAINS
SECflON I That the C1 ty Councll hereby approves and auth-
or1zes the Mayor and C1ty Secretary to execute and attest,
respectlVely, the agreement between the Clty of Denton and The
~tate of Texas prov1d1ng for the 1nsta11at1on of a traff1c Slgnal
controller at the 1ntersect1on of Interstate H1ghway 3S frontage
road w1th Un1ted States H1ghway 380, under the terms and
cond1t1ons conta1ned 1n sa1d agreement Wh1Ch lS attached hereto
and made a part hereof
~bCTION II That th1S ord1nance shall become effect1ve
1mmediately upon 1tS passage and approval ~JU"
PASSED AND APPROVED th1S the~ day ot ~' 1987
RA~ifiN~
Al fbST
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CIIY ATTORNEY
BY
/kJu f1J Â Æ1 /1 r il.1 ~
ATTACHMENT B
CONTRACT ADDENDUM
(NONDI SCRI MI NATl ON)
Duri ng the performance of thi s contract, Clty of Denton for
ltself, its asslgnees and successors In lnterest (herelnafter referred to
as the "City"), agrees as follows
(1) Compliance with Regulations The Clty shall comply wlth the regula-
tions relative to nondiscriminatlon ln federally asslsted programs
of the U S Department of Transportatlon, Tltle 49, Code of Federal
Regulations, Part 21 and Tltle 23, Code of federal Regulatlons, Part
710 405(b) , as they may be amended from tlme to time (herelnafter
referred to as the Regulations), WhlCh are hereln lncorporated by
reference and made a part of this contract
( 2)
2/87
(3)
Nondiscrlmination The Clty, wlth regard to the work performed by
it during the contract, shall not dlscrlmlnate on the grounds of
race, color, sex. or national origln ln the selectlon and retentlon
of subcontracts, including procurements of materlals and leases of
equi pment The Cl ty sha 11 not part 1 Cl pate el ther dl rect ly or
indirectly in the dlscriminatlon prohlblted by Sectlon 21 5 and Part
710 405(b) of the Regulations, lncludlng employment practlces when
the contract covers a program set forth in Appendlx B of the
Regulations
Solicltations for Subcontract Includln Procurements of Materlals
~~ ne~~t~~~~n m~~eabY ~~e ~~~~t}~~Sw;~%hi~ ~~ ~~~~;~~;~V~n~~~d~ng
subcontract, including procurements of matenals or leases of equlp-
ment, each potentlal subcontractor or suppller shall be notlfled by
the City of the Clty'S obllgatlons under thlS contract and the
Regulations relative to nondlscrlmlnatlon on the grounds of race,
color. sex. or natlonal origin
(4)
Information and Reports The Clty shall provlde all lnformatlon and
reports required by the Regulations, or dlrectlves lssued pursuant
thereto. and shall permit access to ltS books. records. accounts,
other sources of infOrmatlon, and lts facllitles as may be deter-
mined by the State Department of Hlghways and PubllC Transportatlon
or the U S. Department of Transportatlon to be pertlnent to ascer-
tain compliance with such Regulatlons or dlrectlves Where any
information required of a Clty is ln the excluslve possesslon of
another who fails or refuses to furnlsh thlS lnformatlon, the Clty
shall so certify to the State Department of Hlghways and PubllC
Transportation or the U S Department of Transportatlon, as
appropriate, and shall set forth what efforts lt has made to obtain
the lnformation
Page 1 of 2
2/87
( 5)
Sanctions for Noncompliance In the event of the Clty's non-
compliance with the nondlscrimlnatlon provlSlons of thlS contract,
the State Department of Hlghways and Publ,c Transportatlon shall
1 mpose such contract sanctions as 1 t or the U S Department of
Transportation may determine to be approprlate, lncludlng, but not
11mlted to
(a) withholdlng of payments to the Clty under the contract untl1
the Clty complies and/or
(b) cancellation, termlnatlon, or suspenslon of the contract, ln
whole or ln part
(6)
Incorporation of Provisions The Clty shall lnclude the provlslons
of paragraphs (1) through (6) In every subcontract, lncludlng pro-
curements of materials and leases of equlpment, unless exempt by the
Regulations or dlrectlves lssued pursuant thereto The Clty shall
take such actlon wlth respect to any subcontract or procurement as
the State Department of Highways and PubllC Transportatl0n or the
U S Department of Transportatlon may dlrect as a means of
enforclng such provlslonS Includlng sanctlons for noncompllance,
provided however that In the event a Clty becomes lnvolved ln, or lS
threatened with lltlgatlon wlth a subcontractor or supplier as a
result of such direction, the Clty may request the State Department
of Hlghways and PubllC Transportatl0n to enter lnto such lltlgatl0n
to protect the Interests of the State, and, ln addltlon, the cay
may request the Unlted States to enter lnto such 11tlgatl0n to pro-
tect the Interests of the United States
page 2 of 2
ATT ACHMENT C
SPECIAL PROVISION
MINORITY BUSINES ENTERPRISE PROGRAM REQUIREMENTS
PURPOSE The purpose of this Spec1al PrOV1Slon 1S to carry out the U S
Department of Transportatlon's PO11CY of supportlng the fullest poss1ble
partlc1patlon of company's owned and controlled by m1nor1t1es 1n U S
Department of TransportatlOn programs
POLICY It lS the POllCY of the U S Department of Transportat1on that
Disadvanted Bus1ness Enterpr1ses, as deflned 1n 49 CFR Part 23, Subpart
D, shall have the maXlmUm opportun1ty to part1cipate 1n the performance of
contracts f1nanced In whole or ln part with Federal funds Consequently,
the D1ssadvantaged BuS1ness Enterprlse requ1rements of 49 CFR Part 23,
subpart D, apply to thlS contract as follows
The C1ty agrees to ensure that Dlsadvantaged BUSlness Enterpr1ses
(DBE), as deflned 1n 49CFR Part 23, Subpart D, have the maX1mum
opPOrtUnlty to part1clpate 1n the performance of contracts and sub-
contracts financed 1n whole or In part w1th Federal funds In th1S
regard, the C1ty shall take all necessary and reasonable steps to
meet the D1sadvantaged Bus1ness Enterprlse goal for th1S contract
b
The C1ty and any subcontractors shall not d1scrlm1nate on the baS1S
of race, color, nat1onal origln or sex 1n the award and performance
of contracts funded 1n whole or 1n part w1th Federal funds
These requlrements shall be physlcally 1ncluded 1n any subcontract
c
d
Prior to issuance of a work order to the C1ty, the State w1ll be
furnlshed a letter signed by an off1cer of the flrm Wh1Ch spec1f1es
the name of the eligible DBE* subcontractor(s) to be used on th1S
proJect, the work to be performed by the subcontractor(sJ, and the
est1mated amount of subcontract(s)
PERCENTAGE GOAL The percentage goal for D1sadvantaged BUS1ness Enterprlse
participation 1n the work to be performed under th1S contract lS a m1n1mum
10% of the contract amount
Fa11ure to carry out the requlrements set forth above shall const1tute a
breach of contract and, after not1f1cat1on by the Department, may result 1n
term1nat10n of the contract by the State or other such remedy as the State
deems appropr1ate
*The State w111 cert1fy the elig1bll1ty of the DBE
2/87
CITY ATTORNEY'S CERTIFICATE
THE STATE OF TEXAS §
COUNTY
OF
DENTON §
Texas, do hereby certlfy that the City Charter of the C1ty of
I, Debra A
Drayov1tch, C1ty Attorney for the C1ty of Denton,
Denton authorl zes the C1 ty councll to approve the executlon of
contract between the C1 ty of Denton and the State of
by
means
of
an
ord1nance,
and
that
the
attached
contracts
Texas,
da ted June 24, 1987, approved by ord1nance passed June 2:>, 1987
and executed by Ray Stephens, Mayor 1S va11d and b1nd1ng on sa1d
C1ty 1n so far as its approval and execut10n 1S concerned
).-J
STATE OF TEXAS
COUNTY OF
Denton
1.
Jennifer Walters
. the duly apPolnted,
qualified and actlng city secretary of the Clty of
Denton
Texas. hereby certlfy that the foregOlng pages constltute a true and correct
copy of an ordlnance/resolution duly passed by the Clty Councll at a meeting
held on
Tllne 23
. A D.. 19R. at
7 00
o'clock
p
M
To certify which. witness my hand and seal of the Clty of
Denton
Texas. thlS
26th
day of
June
. 19~. at
Denton
. Texas
Denton
. Texas
1795L
NO
AN ORDINANCE APPROVING AN AGREEMENT BEfWEEN THE CITY OF DENTON
AND THE oTArE OF TEXAS FOR INSTALLATION OF A TRAFFIC SIGNAL
CONTROLLER AT tHE INTERSTATE HIGHWAY 35 FRONTAGE ROAD IN~ER-
SECTION WITH UNITED STATES HIGHWAY 380 AND PROVIDING AN
EFFECfIVh DATE '
THE COUNCIL OF THE CITY 0P DENTON HERLBY ORDAINS
SECflON I That the City Council hereby approves and auth-
orizes the Mayor and City Secretary to execute and attest,
respectively, the agreement between the City of Denton and The
State of Texas providing for the installation of a traffic signal
controller at the intersection of Interstate Highway 35 frontage
road with United States Highway 380, under the terms and
conditions contained in said agreement which is attached hereto
and made a part hereo£
$~CTION II That tals ordinance shall become effective
lnme~iately upon its passage and approval
PASSED AND APPROVED this t~e~/'~day o~ ~=~, 1987
ATtESt
JE~FER ~ALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI ORAYOVITCH, CItY ATfORNEY
COST ESTIMATE FOR CIIY
MATERIAL AND hQUIPMENI
1-35/380
I ~A~ERIAL COST ~OANlllY UNI~ LOS1 IOIAL LOS1
EPAC 300 Eagle Controller 1
A Cabinet 1
B Conflict Monitor 1
C Solid State Flasher 1 ~
b Load Switches 8 $5,679 O0
Digital Loop Detectors $1S~MS 16 $108 1,728 OO
Warehouse Charge 10% 740 O0
Bolts, Splices, Lugs 25 O0
II ~qUIPMENT COST
Truck 1 $100 lO0 0o
Pick-up 1 50 $0 00
III ~ABOR COST
Field Supervisor 1 $14 x 10 Hrs 140 00
Field Tech 2 $12 x 80 hrs 900 00
Clerk 1 $8 x 2 His 16 O0
GRAND TOTAL COST $9,438 O0
0470E
. .
,.
Agreement No.
'STATE Œ TEXAS §
§
COUNTY Œ TRAVI S §
AGREEMENT Fffi THE I NST ALLAT I ON OF
TRAFFIC SIGNAL CONTROLLER WITHIN THE MJNICPALlTY
THIS AGREEMENT is made by and between the State of Texas, acting by and
through the State Department of Highways and Public Transportation, hereifiafter
called the "State" and the City of Denton, Denton County, Texas, hereinafter
called the "City," acting by and through its duly authorized officers as
evidence by Resolution/Ordinance No. tr7- Ifro ,hereinafter acknowledged by
reference.
WITNESSETH
WHEREAS, the State owns and maintains a system of highways and roadways,
including Interstate Highway 35 and United States Highway 380, in the City of
Denton; and
WHEREAS, the City has requested the State to reimburse the cost of
obtaining and installing a traffic signal controller at the Interstate
Highway 35 frontage road iotersection with United States Highway 380,
hereinafte~ 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 to provided that is compatible
with standard signal operation and a future closed loop system; 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 the 29 day of August, 1984, the State Highway
and Public Transportation Commission passed MInute Order No. 82141
approving the Project; 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.;
AGREEMENT
NOW THEREFffiE, in consideration of the premises and of the mutual covenants
and agreements of the parties hereto to be by them respectively kept and
peformed as hereinafter set forth, it is agreed as follows:
Page 1 of 7
2187
C. All billing statements shall be properly documented, summarizing the
costs by description of work performed, quanity 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. Reimbursement to the City for costs incurred under this agreement will
be made in accordance with principles outlined in 48 CFR Chapter 1, Part 31,
Federal Acquistion Regulation (FAR 31).
F. 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 and the Federal Highway Administration (FHWA).
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 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 is 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 and when' applicable, FHWA, shall make suitable, frequent, and
complete inspection of all materials, equipment, and the work of installation
tò determine and permit certification that the Project and its components
meet all applicable requirements of the plans and specifications in suitable
¿Óndition for operation and maintenance by the City after its completion.
á. The City will provide opportunities, facilities and representative samples,
á~ may be required, to enable the State to carryon 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
a~proved plans and specifications. The State wifl 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 wi~hout delay.
Page 3 of 7
2/87
"
Article 7.
Maintenance and Operation Responsibilities
Upon completion of the Project; the City agrees to operate and maintain at
its own expense, the traffic signal controllers 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)
(2)
By mutua 1 agreement and consent of both parties.
control
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
~ 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
street illumination poles 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 ötherwise resisting said
claim or liabilities which might be imposed on the State as the result of such
áètivities by the City, its agents or employees.
Article 10.
Remedies
, Violation or breach of contract terms by the City shall be grounds for ter-
mination of the agreement, and any increased cost arising from the City's
dëfault, breach of contract, or violation of terms shall be paid by the City.
T'his agreement shall nót be considered as specifying the exclusive remedy for
any default, but all remedies existing at law and in equity may be availed of by
ei~her party and shall be cumulative.
Page 4 of 7
2/87
Article 11.
Di sputes
Should disputes arise as to responsbilities and obligations as set forth in
'this agreement, the State's decision shall be final and binding.
Article 12.
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 I3.
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
Prior to the City performing work on the Project, the City shall furnish to
the State a completed Certificate of Insurance (Form 20.102 3-82) and shall
maintain the insurance in full force and effect as long as the,City is respon-
sible for the maintenance operations of the traffic signal controller.
Article 15.
Successors and Assigns
The State and the City shall not assign or otherwise transfer its rights or
obligations under this agreement except with the prior written consent of the
either party.
Article 16.
Œ1B A-128 Audi t Requi rement
A. 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 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
c,hecking 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 evidence pertaining to cost incured and shall make such
materials available at their office during the contract period and for three (3)
Page 5 of 7
2187
'". ,
'years from the date of final payment under the agreement, for inspection by the
State, the Federal Highway Administration and the Department of Transportation,
Office of Inspector General, the Comptroller General of the United States, or
'any of their duly authorized representatives, shall have access to all records
of the City which are direcly pertinent to this agreement for the purpose of
making audit, examinations, excerpts and transcriptions.
Article 18.
Civil Right's Compliance
The City shall comply with the regulations of the Department of
Transportation (49 CFR 21 and 23 CFR 710.405(b» as they relate to non-
discrimination;also Executive Order 11246 titled "Equal Employment Opportunity"
as amended by Executive Order 11375 and as supplemented in Department of Labor
Regulation (41 CFR 60). See Attachment B, "Contract Addendum
(Nondiscrimination)."
Article 19.
Minority Business Enterprise Requirements
The City agrees to comply with the attached special provision "Minority
Business Enterprise Program Requirements." See Attachment C.
Article 20.
Legal Construction
In case anyone 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 pro-
vision thereof and this agreement shall be construed as if such invalid, ille-
gal, or unenforceable provision had never been contained herein.
Article 21.
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.
'~rticle 22.
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.
Page 6 of 7
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-IN WITNESS WHEREOF, The State and the City have signed duplicate counter-
parts of the Agreement.
CITY ΠDENTON
THE STATE ΠTEXAS
June 23, 1987
DATE
Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders,
established policies, or work programs
heretofore approved and authorized
by the State Highway and Public Trans-
::~ta~m~:~~
SIgnature
Bob G, Hodge-
Chief Engineer,
Safety and Mai ntenance Operations
By:
~..~
Ray Stephens. Ma~or
Typed Name and TIt e
7- 17- €i7
Date
Page 7 of 7
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