Loading...
HomeMy WebLinkAbout2001-143s wn. Wamenu�MwmWATXWTSipuha ORDINANCE NO _,,g00/- / 1�3 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR INSTALLATION AND FUNDING OF CERTAIN TRAFFIC CONTROL DEVICES AT SPECIFIED INTERSECTIONS WITHIN THE CITY OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Mayor, or in her absence the Mayor ProTem, is hereby authorized to execute an Agreement between the City of Denton and the State of Texas, acting through the Texas Department of Transportation to provide for the installation and funding of certain traffic control devices at specified intersections within the City of Denton, in substantially the form of the copy of the agreement which is attached hereto and incorporated by reference herein SECTION 2 The City Manager, or his designee, is authorized to make the expenditures as set forth in the attached agreement SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the, �& day of 12001 cACk EULINE BROCK, MAYOR ATTEST- JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PR TY, CIT TTORNEY BY Contract No 181 XXN8aa4� CSJ 0195-02-040 STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR THE FURNISHING AND INSTALLING OF TRAFFIC SIGNAL EQUIPMENT 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, hereinafter called the "City," acting by and through its duly authorized officers as evidenced by ReaeftmeWOrdinance No 2001-143 , hereinafter acknowledged by reference WITNESSETH WHEREAS, the State owns and maintains a system of highways and roadways, including in the City of Denton , and WHEREAS, the City has requested the State to reimburse the cost of furnishing and installing traffic signal equipment at the intersection(s) of US 77 at Windsor Dr. FM 2164 at Connector A Elm St at Connector A Elm St at Sherman Dr Locust St at Sherman Dr and US 77 at IH 35E 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/or existing City equipment, and WHEREAS, it is in the best interest of the City and the State for the City to assist the State by furnishing and installing traffic signal equipment on the Project, and FITSEM STATE2 8-00 DALLAS 1of8 WHEREAS, on this 20th day of January 2000 the Texas Transportation Commission passed Minute Order No 108310 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 T C S , AGREEMENT 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 equipment is in operation at the described location and the signal project is incomplete, or unless otherwise terminated or modified as hereinafter provided ARTICLE 2. CONSTRUCTION RESPONSIBILITIES A For all items of construction other than furnishing and installing specific traffic signal equipment, 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 installing of specific traffic signal equipment 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 $ 69,611 38 A cost estimate of the work authorized under this agreement is marked "Exhibit 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 equipment according to the location and manner of construction as shown and described in the FITSEM;STATE2 8-00 DALLAS 2 of 8 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 Reimbursement will be made by the State to the City for 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 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 one (1) copy of the Billing Statement should be submitted to the following address Texas Department of Transportation Attn Director of Transportation Operations PO Box 133067 Dallas TX 75313-3067 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 I'he State shall make payment to the City within thirty (30) days from receipt of the City's request for payment, providing 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 use 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 FITSEM STATE2 8-00 DALLAS 3 of 8 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 speciticanons in suitable condition for operation and maintenance by the City after its completion 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 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 without delay ARTICLE 7 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 giving written notice to the City as a 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 If the agreement is terminated in accordance with the above provisions, the City will be responsible for the payment of Project costs incurred by the State on behalf of the City up to the time of termination (4) Upon completion of the terms of this agreement FITSEM STATE2 8-00 DALLAS 4 of 8 B If, at any time, the City fails to assume the construction responsibilities as prescribed herein or the maintenance and operation responsibilities for the City's portion of the traffic signal equipment in a satisfactory manner as determined by the State, the State reserves the right to assume the construction responsibilities and/or to arrange for the maintenance and operation responsibilities at the expense of the City C. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement If the potential tenrimation of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred The City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties ARTICLE 8 INDEMNIFICATION The City acknowledges that it is not an agent, servant or employee of the State and, thus, is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work defined in this agreement ARTICLE 9. REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the agreement, and any increased cost ansing 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 10 DISPUTES The governmental parties to this agreement will make their best efforts to resolve any disputes between themselves in an effective and efficient manner and in the public interest ARTICLE 11. SUBCONTRACTS Any subcontract for services rendered by individuals or organizations not a part of the City's organization shall not be executed without pnor authorization and approval of the subcontract by the State FITSEM STATE2 8-00 DALLAS 5of8 Subcontracts in excess of $25,000 shall contain all required provisions of this contract No subcontract will relieve the City of its responsibility under this contract ARTICLE 12 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 13 INSURANCE (Mark out the following paragraph that is not applicable) e B Self Insured Prior to the City performing any work on this Project, the City shall furnish to the State a complete Certificate of Insurance (Form 20 102, latest version) and shall maintain its self- insurance program in full force and effect as long as this Project lasts and the City is responsible for the furnishing, installing, maintenance, and operation of the traffic signal equipment The State understands that the City is a self -insured entity for public liability purposes ARTICLE 14. 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 ARTICLE 15. INSPECTION OF CITY'S BOOKS AND RECORDS The City shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U S Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) FITSEM STATE2 8-00 DALLAS 6of8 years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions ARTICLE 16 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 to 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 17. 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 18 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 19 SIGNATORY WARRANTY The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented FITSEMSTATE2 8-00 DALLAS 7 of 8 IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the agreement CITY OF: D�E_NTON By &KQQ .ei- (Signature) Euline Brock (Printed Name) Mayor (Title) it 3. 2001 (Date) THE STATE OF TEXAS Executed by and approved for the Texas Transportation Commission 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 By Y W4JC��/1. - R lson P E District Engm er Date �°Z FITSEM STATE2 8-00 DALLAS 8of8 EXHIBIT A US 77 Signal Equipment Reimbursement Materials for Reimbursement Amount Cost per unit Sub totals NEMA P44 Local Cabinet Assembly 6 1 484800 2908800 PEEK 3000 Local controller 6 1 198200 1189200 PEEK 12ELRA monitor 6 65800 394800 PEEK 5771, Aux 232 Board 6 31000 186000 EDI Oracle, 4 channel detector card 12 30900 370800 Spread Spectrum Radio 6 236923 1421538 Engineering costs 1 300000 300000 Supervisory costs 1 190000 190000 Total Cost 69,611 38 The equipment above is set as a Denton standard for all new and remodeled signalized intersections The only material that is not on this list is TXDOT approved LED lenses so we need to make sure that they are included on the plans