2006-050
, ,
ORDINANCE NO. ~()00-01),()
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL
COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT WITH THE
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS UNDER SECTION 271.102
OF THE LOCAL GOVERNMENT CODE, FOR OPERATIONAL IMPROVEMENTS AT
SIGNALIZED INTERSECTIONS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3452-INTERLOCAL
AGREEMENT FOR LOW COST SIGNAL IMPROVEMENT PROGRAM/THOROUGHFARE
ASSESSMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS IN
THE AMOUNT OF $162,000).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City Manager, or his designee is hereby authorized to purchase
operational improvements at signalized intersections in the amount of $ I 62,000 from the North
Central Texas Council of Governments in accordance with an InterIocal Cooperative Purchasing
Program Participation Agreement under Section 271.102 of the Local Government Code which
is on file in the office of the Purchasing Agent.
SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant
to the agreement attached hereto, for the purchase of various goods and services.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
7th day of d~/ ,2006.
C~&ootC
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, C TY SECRETARY
BY:
APPROVED AS TO LEG FORM:
EDWIN M. SNY , C Y ATTORNEY
BY:
3-0RD-Filc 3452
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INTERLOCAL COOPERATION AGREEMENT
Between
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
and
THE CITY OF DENTON
for
IMPLEMENTATION OFTHE THOROUGHFARE ASSESSMENT PROGRAM
WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been
designated as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan
Area by the Governor of Texas in accordance with federal law; and,.
WHEREAS, the Regional Transportation Council (RTC), comprised prirnarily of local elected
officials, is the regional transportation policy body associated with NCTCOG and has been and
continues to be a forum for cooperative decisions on transportation; and,
WHEREAS, it is the goal of the RTC to offer a transportation system that is accessible,
integrated, efficient, and provides for a diverse and flexible set of transportation options; and,
WHEREAS, on October 9, 2003, the RTC approved funding for implementation of Phase 3 of
the Thoroughfare Assessment Program in the Dallas-Fort Worth Metropolitan Area for the
irnplementation of low-cost operational improvements at signalized intersections; and,
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code
provides authority for the North Central Texas Council of Governrnents, and the City of Denton
to enter into this agreernent for thE! provision of governmental functions and services of mutual
interest. .
NOW, THEREFORE, for and in consideration of the rnutual covenants and conditions
contained herein, the parties agree as follows:
1. Parties
1.1 This Interlocal Agreernent, hereinafter referred to as the "Agreement", is rnade and
. entered into by and between the North Central Texas Council of Governments,
hereinafter referred to as "NCTCOG", and the City of Denton, hereinafter referred to as
the "City". NCTCOG and the City may each be referred to as a "Party", and rnay be
collectively referred to as "Parties" to this agreement.
1.2 NCTCOG shall serve as the Contract Manager and Procurement Administrator for the
Project.
2. Purpose
2.1 This Agreernent defines the terms and conditions for the disbursement of Congestion
Mitigation and Air Quality Improvement Program (CMAQ) and Surface Transportation
Program-Metropolitan Mobility (STP-MM) funds and associated state and local
Interlocal Cooperation Agreement
NCTCOG and City of Denton
Page 1
matching funds collected by NCTCOG for the implementation of traffic flow
improvements.
2.2 Improvements under this Agreement, implemented through the Thoroughfare
Assessment Program as authorized by the Regional Transportation Council, shall be
employed at signalized intersections in the City of Denton.
2.3 Improvements shall be made to approximately 30 off-system locations and
approximately 26 on-system locations under this Agreement.
3. Duties
3.1 NCTCOG shall be responsible for project monitoring; Geographical Information
Systems (GIS) database integration; air quality benefit calculations and documentation.
3.2 NCTCOG's engineering consultant(s) will provide signal-timing improvements at the
intersection locations identified in Attachment A.
3.3 The consultant(s) will be responsible for the following: field data collection;
development, implementation, and fine-tuning of new coordinated signal timing plans;
verification of work implemented at each location; and any and all required
documentation of "Before" and "After" conditions.
3.4 The City will work with NCTCOG's engineering consultant(s) to identify relevant signal
timing elements/requirements at and related to the project intersections;. review the
developed new signal timing plans; approve all timing plans prior to implementation;
and.assist with fine tuning.
4. Funding
4.1 The total project cost estimate for this Agreement is $302,400.
4.2 Attachment A includes a project cost estimate summary.
4.3 CMAQ and/or STP-MM programs will fund 80 percent of the project cost for on-
systems locations.
4.4 Under a separate agreement between the Texas Department of Transportation
(TxDOT) and NCTCOG, TxDOT will provide the 20 percent local match required for the
26 intersections located on the state highway system.
4.5 The City shall provide total funding equivalent to the cost of signal retiming at the off-
system locations. The City shall provide a warrant check payable to the North Central
Texas Council of Governments inthe amount of $162,000.
4.6 NCTCOG will request reimbursement from TxDOT for 80 percent of the project cost for
the off-system locations. Funding provided by the City will pay for the required 20
percent local match. The remaining funding provided by the City will support NCTCOG
Air Quality implementation programs.
Interlocal Cooperation Agreement
NCTCOG and City of Denton
Page 2
4.7 The City shall remit additional payments to NCTCOG in the event that the actual cost
of implementation of the Thoroughfare Assessment Program is greater than the
estimated cost identified in this Agreement.
4.8 Upon completion of the project, any excess funds for off-system locations shall be
reimbursed by NCTCOG to the City.
5. Term.
5.1 This agreement shall take effect on the date executed by the Parties and shall remain
in effect until it is terminated.
5.2 Either Party may terminate this Agreement by giving 30 days written notice to the other
Party. The Parties may terminate this Agreement by mutual written concurrence.
5.3 This Agreement shall automatically terminate upon completion of the project.
6. Modification, Waiver and Severability
6.1
This Agreement and any exhibits, which may be attached, constitute the entire
agreement among the Parties. No waiver or modification of this Agreement shall be
valid unless in writing and signed by both Parties. Failure of the Parties to enforce or
insi3t upon cempliance with any of-tI'le-teffJlS-tlfld-eoditiens-tlHhis-Agreemeflt-shal!-not
constitute a waiver or relinquishment of any such terms and conditions.
6.2
In the event that anyone or more or the provisions of 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 provisions thereof, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein.
6.3
This Agreement may be executed in any number of counterparts, each of which shall
be deemed an original.
'nterlocal Cooperation Agreement
NCTCOG and City of Denton
Page 3
IN W ESS HEREOF th parties have executed this Agreement in duplicate originals on the
day of ~2.
CITY OF DENTON
Signature
Howard F4arti n
Printed Name
Interim City iMtanager
Titre
.TTEST:
N CENTRAL TEXAS COUNCtI OF
NM
. Michael astfand
Executive Director
APPROVED AS TO FORM:
Gen Co~ I
Hirer Ite
Ci Secre ry
APPROVEE) AS TO F RM:
CRY ATfOR
CRY OF D
81f•
Interlocal Cooperation agreement ~~ 4
iBCTCOG artei City of Denton
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