HomeMy WebLinkAbout1992-144ALL0036B
ORDINANCE NO. / 2 -/ 7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING
OF VEHICLES ON BOTH SIDES OF GROVE STREET FROM ITS INTERSECTION
WITH VINE STREET TO ITS INTERSECTION WITH FRAME STREET AND ON BOTH
SIDES OF NOTTINGHAM DRIVE FROM ITS INTERSECTION WITH UNIVERSITY
DRIVE TO ITS INTERSECTION WITH MINGO ROAD; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT EXCEED TWO HUNDRED DOLLARS; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. When signs are erected giving notice thereof, no
person shall park a vehicle upon the following streets or portions
thereof, in the City of Denton, to -wit:
1. Both sides of Grove Street from its intersection with
Vine Street to its intersection with Frame Street.
2. Both sides of Nottingham Drive from its intersection
with University Drive to its intersection with Mingo Road
SECTION II. That if any section, subsection, paragraph, sen-
tence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the valid-
ity of the remaining portions of this ordinance, and the City Coun-
cil of the City of Denton, Texas, hereby declares it would have en-
acted such remaining portions despite any such invalidity.
SECTION III. Any person who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the require-
ments thereof, or of a permit or certificate issued thereunder,
shall be guilty of a misdemeanor punishable by a fine not exceeding
Two Hundred Dollars ($200.00) Each such person shall be deemed
guilty of a separate offense for each and every day or portion
thereof during which any violation of this ordinance is committed,
or continued, and upon conviction of any such violations such per-
son shall be punished within the limits above.
SECTION IV. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record -Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage. //��
PASSED AND APPROVED this the 4� CJ day of ryw&�, 1992•
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVW AS TW LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY
a
Page 2
v updocs1,1rafs19 0
ORDINANCE NO 92 1 2?
AN ORDINANCE APPROVING SUPPLEMENTAL AGREEMENT NO O1 BETWEEN THE
CITY OF DENTON AND THE STATE OF TEXAS FOR INSTALLING TRAFFIC SIGNAL
CONTROLLERS WITHIN THE CITY OF DENTON AT THE INTERSECTIONS OF I-35E
AND AVENUE D AND U S. HIGHWAY 377 AND ACME STREET, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS•
SECTION I That the City Council hereby approves and autho-
rizes the Mayor. and City Secretary to execute and attest, respec-
tively, the supplemental Agreement No 01 between the City of
Denton and The State of Texas providing for the furnishing of traf-
fic signal control equipment at the intersections of I 35-E and
Avenue D and U S Highway 377 and Acme Street, within the City of
Denton, under the terms and conditions contained in said agreement
which is attached hereto
SECTION II That the expenditure of funds in an amount not to
exceed $17,606 16 is hereby authorized
SECTION III That this ordinance shall become effective imme-
diately upon its passage and appr��ovva�al��
PASSED AND APPROVED this the(Q__ day of L���J�.- , 1992
CASTLEBERRY,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY*
APPR`6VED AS VO LEGAL FORM
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY L&4)lAa �'
Contract No 182XXH8005
STATE OF TEXAS Control 0195-03-43
Hwy I.H.35
COUNTY OF TRAVIS County Denton
SUPPLEMENTAL AGREEMENT NO. Ol
AGREEMENT FOR THE INSTALLATION OF TRAFFIC SIGNAL
CONTROLLERS WITHIN THE MUNICIPALITY
This Supplemental Agreement to Agreement for the Installation of Traffic Signal
Controllers Within the Municipality is made by and between the State of Texas, acting by
and through the Texas Department of Transportation, hereinafter called the State, and the
City of Denton , hereinafter called the City
WHEREAS, the State and the City executed a contract on the 13th day of November
1991, concerning Traffic Signalization Maintenance and,
WHEREAS, Article 3A Compensation, limits the maximum amount payable under this
contract to $12,641.00 and,
WHEREAS, it has become necessary to amend the contract to increase the amount payable
because more work was required than originally anticipated,
NOW, THEREFORE, premises considered, the State and the City agree that said contract
is amended as follows
The maximum amount payable is changed to $17.606.16 as shown as
additional charges, attached hereto and identified as Attachment "A'
All other terms and conditions of the contract are unchanged and remain in full force and
effect
IN WITNESS WHEREOF, The State and the City have signed duplicate counterparts of
the Agreement
APPROVED AS TO FORM
By
J ni er alters, City Secretary
By XZLAelk
1 a Attorney
LM
By
Assistant City Manager
THE STATE OF TEXAS
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 Texas
Transportation Commission under
the authority of jUmute Order 100002
�:
ATTACHMENT A
cabinetstatn Ha35E and Ave D tU Sf 377tand iA me Street in Denton arenng one traffic signcotroller d
as follows
PERSONAL SERVICES HOURS RATE TOTAL
Paul Iwuchuckwu (Traffic Engineer)
47 5
$18 79
$40 00
$ 892 52
$ 760 00
Gerry DeCamp (Consultant)
(Traffic Tech)
19
44
$12 58
$ 553 52
Leslie Gibson
Michael May (Traffic Tech)
46
$12 22
$ 562 12
Sub Total (Labor Cost)
$2768 16
VEHICLE MILEAGE
MILES
RATE/MI
TOTAL
Gerry DeCamp (consultant)
80
$ 25
$ 20 00
Sub Total (Mileage)
$ 20 00
EOUIPMENT
QTy
COST
TOTAL
Transyt 1880EL 8 Phase Controller
1
$5798 00
$5798 00
and cabinet complete with all
plugables, and Model 12EL LCD
Conflict Monitor
Tranyst 1880EL Controller and
1
$6456 00
$6456 00
cabinet (same as above except
for Diamond operation)
Canoga (P424T) Detector Amplifiers
4
$ 460 00
$1840 00
2
$ 262 00
$ 524 00
Canoga Power Supplies
Sub -Total (Equipment)
$14618 00
ELECTRICAL
Misc Electrical items 2 $ 100 00 $ 200 00
Sub Total (Electrical) $ 200 00
TOTAL
AEE0019D/14
$17606 16
AAAOOCBD
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR INSTALLATION OF A
TRAFFIC SIGNAL CONTROLLER ON LOOP 288 AT ITS INTERSECTION WITH THE
ENTRANCE OF GOLDEN TRIANGLE MALL IN DENTON; AUTHORIZING THE EXPEN-
DITURE 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 exe-
cute an agreement with the Texas Department of Transportation, for
the installation of traffic signal controller on Loop 288 at its
intersection with the entrance of Golden Triangle Mall in Denton.
SECTION II. That the City Council hereby authorizes the expen-
ditures of funds in the manner and amount as specified in the
agreement.
SECTION III. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this the 4 day of 1992.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP VED AS TO LEGAL FORM:
DEB/RA A. DRAYOVITCH, CITY ATTORNEY
BY: LL&4�-
AAAOOCSD
Agreement No.1&3.(X119W4
STATE OF TEXAS
COUNTY OF DENTON
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, Denton County, Texas, herein-
after called the "City", acting by and th��} gly authorized
officers as evidence by Ordinance No. Jam`" hereinafter
acknowledged by reference.
W I T N E S S E T H
WHEREAS, the State owns and maintains a system of highways and
roadways, including Loop 288, 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 inter-
section of Loop 288 and Golden Triangle Mall, 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;
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 16th day of November, 1987, the Texas Transporta-
tion Commission passed Minute Order No. 86504, 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.;
Sheet 1 of 7
A G R E E M E N T
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 control-
ler 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 instal-
ling 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 super-
vise 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 control-
ler 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
$10,353.20. A cost estimate of the work authorized under this
agreement is marked "Attachment All, 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 according 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 conditions of this agreement. Costs
incurred prior to the issuance of a written "Work order" by the
State will not be reimbursed. The State will reimburse the City
for labor, equipment use, materials, supplies, travel expenses, and
warehouse or material handling charges, if the City has already
paid these billings from City funds.
Sheet 2 of 7
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, summariz-
ing the costs by description of work performed, quantity of materi-
als 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 S. 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 vehi-
cles may be rented or leased as necessary at the low bid price
submitted by at least two approved bidders.
B. The State will reimburse the City for the use of materials pur-
chased by other than competitive bid procedures only if such proce-
dures 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 inspec-
tion 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 speci-
fications in suitable condition for operation and maintenance by
the City after its completion.
B. The City will provide opportunities, facilities and representa-
tive samples, as may be required, to enable the State to carry on
Sheet 3 of 7
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 reme-
dies 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. Subletting
The City shall not sublet or transfer any portion of its responsi-
bilities 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 obliga-
tions 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 obli-
gations under this agreement except with the prior written consent
of the State.
Article 16. Inspection of City's Hooks 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
Sheet 5 of 7
the time of contract termination. The City shall maintain all
books, documents, papers, accounting records and other evidence
pertaining to cost incurred and shall make such material available
at their office during the contract period and for three (3) years
from the date of final payment under the agreement, for inspection
by the State or any of their duly authorized representatives, shall
have access to all records of the City which are directly pertinent
to this agreement for the purpose of making audit, examinations,
excerpts and transcriptions.
Article 17. Legal Construction
In case any one or more of the provisions contained in this agree-
ment 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 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.
IN WITNESS WHEREOF, The State and the City have signed duplicate
counterparts of the Agreement.
CITY OF DENTON, TEXAS
V. HARRELL, CATY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
WIN i _4
FiN
Sheet 6 of 7
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:O--) aQ*Q�—
ATTEST:
BY:
BY:
THE STATE OF TEXAS
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 Texas Transportation Commission
under the authority of Minute Order
100002.
Sheet 7 of 7
CITY ATTORNEY'S CERTIFICATE
STATE OF TEXAS
COUNTY OF DENTON
I, Debra A. Drayovitch, City Attorney for the City of Denton,
Texas, do hereby certify that the City Charter of the City of
Denton authorizes the City Council to approve the execution of
contracts by means of an ordinance, and that the attached contract
between said City and the State of Texas, datedii ,
approved by Ordinance No. c2" /V passed ` - /—
and executed by Mayor Bob Castleberry is valid and binding on said
City in so far as its approval and execution is concerned.
City Attorney'] f the City
Denton, Tex;slo
STATE OF TEXAS
COUNTY OF DENTON
1, Jennifer Walters, duly appointed, qualified and acting city
secretary of the City of Denton, Texas, hereby certify that the
foregoing pages constitute a true and correct copy of anjordinance
duly passed by the City Council at a meeting held on12
�
A.D., 1992, at olclocko M.
To certify which, witness my h d and seal of the City of
Denton, Texas, this � day of , 19,V at Denton,
Texas.
ty Se etary of the City of
enton,Texas
ATTACHMENT A
Equipment and associated costa of installing one traffic signal controller and
cabinet at Loop 288 and Golden Triangle Mall in Denton are as follows:
PERSONAL SERVICES
HOURS
RATE
TOTAL
Paul Iwuchuckwu
(Traffic Engineer)
40
$18.79
$ 751.60
Gerry Decamp
(Consultant)
20
$60.00
$1200.00
Manuel Coronado
(Traffic Supervisor)
15
$16.05
$ 240.75
Jeff Gann
(Traffic Tech)
15
$13.19
$ 197.85
Leslie Gibson
(Traffic Tech)
15
$12.58
$ 188.70
Michael May
(Traffic Tech)
15
$12.22
$ 183.30
Sub Total (Labor Cost)
$ ,�b7 1—.T0
EQUIPMENT
QTY
COST
TOTAL
Transyt 188OEL 8 Phase
Controller
1
$5930
$5,930.00
and cabinet complete
with all
plugables, and Model
12EL LCD
Conflict Monitor.
Canoga (P424T) Detector Amplifiers
3
$ 437
$1,311.00
Canoga Power Supplies
1
$ 250
$ 250.00
Sub Total (Equipment)
$7,,44 3—bO
ELECTRICAL
Misc. Electrical Items
1
$ 100
$ 100.00
Sub Total (Electrical)
$9,291.00
TOTAL
AEEOOI9D/13