HomeMy WebLinkAbout19-2586 ORDINANCE NO. 19-2586
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO EXECUTE AND DELIVER AN INTERLOCAL COOPERATION
AGREEMENT FOR CONDUCTING A TRAFFIC STUDY TO DETERMINE THE IMPACTS
OF A POTENTIAL CLOSURE OF A PORTION OF BELL AVENUE BETWEEN THE CITY
OF DENTON AND TEXAS OAN'S UNIVERSITY, REGARDING THE CITY'S
QUEST FOR REIMBURSEMENT OF A PORTION OF THE COST OF PERFORMING THE
STUDY THAT ARE SPECIFIED IN THE AGREEMENT; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREOF; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") owns and maintains a system of roadways as
identified in its Mobility Plan; and
WHEREAS, the City is currently in the process of updating its Mobility Plan; and
WHEREAS, Texas oan's University("TWU") has requested the City conduct a traffic
study of the impacts associated with the potential closure of Bell Avenue between Chapel Drive
and College Street; and
WHEREAS, the City has negotiated a change order to the existing Mobility Plan Update
contract in an amount not to exceed $140,000 to perform this study; and
WHEREAS, the City and TWU wish to cooperate in the completion of the study; and
WHEREAS, TWU is authorized to enter into an agreement with the City to reimburse the
City for up to 50% of the study costs not to exceed an amount of$70,000; and
WHEREAS, the City Council having considered the Agreement offered by TWU, and
considering the importance of the Project to the citizens of Denton, believes it should approve the
above-referenced Agreement by and between the City and TWU;NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true and as if fully set forth in the body of this ordinance.
SECTION 2. The City Manager, or his designee, is authorized to execute, on behalf of
the City and Citizens of Denton, the Interlocal Cooperation Agreement between the City and
TWU, a copy of which is attached hereto as Exhibit"A" and made a part hereof for all purposes.
SECTION 3. The City Manager, or his designee, is further authorized to carry out all
duties and agreements to be performed by the City under the Agreement, including,but not limited
to, the expenditure of funds.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
Y pp ordinance was mad he ordinance was passed and approved
The motion to approve this o ___ _________
seconded b � :� ..... �� .. pproved by
the f'oliowir�i vote �.. ...,. 4�j:
Aye Nay Abstain Absent
Chris Watts, Mayor: '
Gerard Hudspeth, District 1: �
Keely G. Briggs, District 2: m
Jesse Davis, District 3:
John Ryan, District 4: f
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the 2��'` day of 2019.
CHRIS WATTS, MAY
OR
ATTEST:
ROSA RIOS CITY SECRETARY
pit
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APPROVED AS TO LEGAL FORM: tt
AARON LEAL, CITY ATTORNEY
B :
EXI-41 BIT "A"
A
STATE OF TEXAS §
COUNTY OF DENTON §
INTERI..00AL COOPERATION AGREEMENT BETWEEN
THE TEXAS WOMAN'S UNIVERSITY AND
THE CITY OF DENTON
THIS AGREEMENT is made and entered into by and between The Texas Woman's University
(hereinafter "TWU") and the City of Denton, a Texas home rule municipal corporation (hereinafter "City").
TWU and the City are referred to individually as "Party" and are collectively referred to herein as "Parties."
This Agreement is for the purpose of providing for cost and duty allocation of a traffic study to be conducted
to assess the impact of street closure within the TWU campus(hereinafter "Project"); and
WHEREAS, TWU and the City mutually desire to be subject to the provisions of Texas Government
Code Chapter 791, the Interlocal Cooperation Act, which provides authorization for a local government to
contract with one or more local governments or other state agencies to perform governmental functions and
services under the terms of the Act; and
WHEREAS, TWU intends to close Bell Avenue between Chapel Drive and Texas Street as part of the
campus master plan; and
WHEREAS, the City is in the process of planning improvements to Mingo Road from Bell Avenue to
Old North, which is on the south border of the TWU campus; and
WHEREAS, the City and TWU agree a Traffic Study to identify the impacts of the proposed campus
master plan and land use changes on the surrounding transportation system is proper;
NOW THEREFORE, the City and TWU, for the mutual consideration stated herein, agree and
understand as follows:
WITNESSETH:
I.
This agreement shall be effective as of " ° J� �' . 2019 and continue unless terminated as
provided herein or upon the completion of the Traffic Study and payment of all outstanding invoices related
thereto.
II.
Pursuant to Texas Government Code § 791.011, the Parties hereto agree that the purpose of this
Agreement is to ensure that certain government functions and services in the area of requesting and
conducting a Traffic Study related to future street changes is completed. The Parties further agree that each
of them is authorized to perform the functions and services contemplated under this Agreement.
III.
City and TWU agree that the scope of the Traffic Study shall be as more fully described and depicted
in Exhibit "A" attached hereto, and incorporated herein and if set out fully. City shall be responsible for hiring
the traffic consultant charged with conducting and completing the Traffic Study under the guidelines of
Exhibit "A." City and TWU shall share respectively all costs associated with the Traffic Study, each Party
hereby responsible for an amount not to exceed $70,000.00 each, of the total cost of$140,000.00.
IV.
City agrees that it is responsible for direct payment of invoices from the traffic consultant. TWU
agrees that it will provide payment of up to $70,000.00 directly to the City within thirty (30) days of TWU's
receipt of the traffic consultant's invoice from the City at the address below.
V.
In the performance of their respective duties hereunder, the Parties hereto, and their respective
employees and agents, are at all times acting and performing as independent contractors of each other. No
Party will have the authority to act for or bind another Party in any respect or to incur or assume any expense,
debt, obligation, liability, tax, or responsibility on behalf of or in the name of another Party hereto, with the
exception of the City's hiring and retention of a traffic consultant as contemplated herein, wherein TWU
agrees to pay the cost share specified above. TWU agrees and understands that TWU, its employees,
servants, agents, and representatives shall at no time represent themselves to be employees, servants,
agents, and/or representatives of the City. The City agrees and understands that the City, its employees,
servants, agents, and representatives shall at no time represent themselves to be employees, servants,
agents, and/or representatives of TWU.
VI.
TWU shall be responsible for the acts, negligence, and/or omissions of all TWU employees, agents,
subcontractors, and/or contract laborers and for all other persons doing work under a contract or agreement
with TWU.
VI I.
The City shall be responsible for the acts, negligence, and/or omissions of all City employees, agents,
subcontractors, and/or contract laborers and for all other persons doing work under a contract or agreement
with the City.
Vill.
This Agreement is not intended to extend the liability of the Parties beyond that provided by law.
Neither TWU nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that
would otherwise be available to it against claims made by third parties.
IX.
The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of
the Parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be
performable in Denton County, Texas.
X.
In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent
of the Parties hereto that the remaining portions shall remain valid and in full force and effect to the extent
possible.
XL
The undersigned officer and/or agents of the Parties hereto are the properly authorized officials and
have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party
hereby certifies to the other that any necessary resolutions extending said authority have been duly passed
and are now in full force and effect.
XII.
This Agreement and its exhibits represent the entire agreement between TWU and the City and
supersedes all prior negotiations, representations, and/or agreements,either written or oral,with respect to
the subject matter hereto. This Agreement may be amended only by written instrument signed by the
governing bodies of both TWU and the City, or those authorized to sign on behalf of those governing bodies.
XIII.
This Agreement becomes effective when signed by the last party whose signing makes the respective
Agreement fully executed.
XIV.
This Agreement may be terminated by written agreement of the Parties,
XV.
Any written notice that may be necessary under this Agreement shall be delivered certified mail,
return receipt requested, to the respective parties addressed as follows:
For City: Todd Hileman, City Manager
City of Denton,Texas
215 E. McKinney Street
Denton,Texas 76201
City Copy to: Todd Hileman, City Manager
215 East McKinney Street
Denton,Texas 76201
For TWU:
TWU Copy to: m
Executed this m.� day of � ' ' 2019.
Texas Woman's University
K Jason,Tomlinson
BY;
APPROVED AS TO LEGAL FORM:
By: ..........
Assistant Genera Council
The City of Denton
215 E. McKinney Street
Denton,Texas 76201
By,'
Todd HIleman,Clty Manager,
City of Denton
Acting by and on behalf of the
Clty of Denton
ATTEST:
ROSA RIOS, CITY SECRETARY
By:
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED On
as to financial and operational 'Cri
obligal,k, is ss terms.
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Signature 6-5.,
..........
Title
-111111 111----........... ..........
Department
Date Signed:,.......
APPROVED AS TO LEGAL FORM:
AARON LEAL,CITY ATTORNEY
By: . ....................
EXHIBIT
SERVICESSCOPE OF
This Scope of Services is submitted to perform a Traffic Study for Texas Women's University(T )campus area at Bell
Avenue in Denton,Texas. Bell Avenue is expected to be closed for traffic operation from Chapel Drive to Texas Street.
The study area includes the Bell Avenue corridor between Chapel Drive and Texas Street in Denton,Texas,as shown in
Figure 1. The area includes transit operations provided by Denton County Transit Authority(D A)transit service.Our
Scope of Services is presented below in three stages. Any changes to the assumed scope of services will result in
increased costs. TWU and the City of Denton must provide the following information before initiation of work:
1. Site plan identifying the following items:
a. Proposed land use types, sizes, and acreage of tract
. Existing and proposed zoning on tract
c. Proposed driveway location/plans;
2. Scheduled buildout of proposed land uses, if any; and
3. Electronic copy of the site plan
Figure 1-StudV Area Location
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Bell Avenue Closure Study Area
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L Project Management / Establish Scope ofWork
° Meet with City of Denton to obtain approved Scope of Work. The approved scope of work will be used to
prepare a report that documents our findings and recommendation: for submission to the City. Two (2)
meetings have been assumed for budget purposes, `
, Coordinate with the City tudiscuss and review project status, coordinate and obtain any information and any
other project needs. Up to Five(5) coordination meetings have been assumed for budget purposes.
~ Coordinate with lWU and D[7A to obtain site plans, details on proposed changes, and transit service
information. Upto Two(%)coordination meetings have been assumed for budget purposes.
BAFFI_C
||, Prepmration of Traffic Study
|n Phase /|, Part A,the following services would heperformed:
° Observe existing traffic operations un the study area network 10 note operational problems,traffic patterns, etc,
° Obtain, 24-hour bi-directional tube counts at the locations listed in Table 1.
° Obtain 15 mi t peakturning
' nue p�amovementcoun1s (TKHC)forAK4, K4|d-day, andPK8peokperiods (7:0D1o9:OO
AM, 11:00to 1:00 PM, and 4:00to 6/00PK4) at the existing study area intersections listed in Table 2.
• Collect bicycle counts at all TIVIC count locations during the time periods between 11:00AM and 5:OOPM.
• Collect pedestrian counts at all TIVIC count locations during the time periods between 11:00AM and 5:00PM.
Table 1:Tube Count Locations
Table 2. TIVIC Locations
.__Old Nor
q _ � arcB�l th Rd and
1 irjw!jlyd Ln�ancl Jnf,ra Rd
..
t 8 f d University Dr.
4 Nottill 11L T . ....�.—i
am ran
harm Dr and Mln�tio Rd.
5 Rud ell St and d Universi
6 Rdd Dr
_uddell5t a
... nd Miry ra.Rd _.��....
7,
N Bell Ave.and Sherman Dr,
8.
NBell Ave.and University Dr..
9 N Bell Av_e,and C,I�apelwDr
1D• _... .N Bell Ave.and Texas St.
11 N Bell .
Ave and Mingo Rd
17. N Bell Ave and E McKinxreSt
Locust and�. e�wlt�Cyr.
14. NLocust St.and Oakland.... . �St.
15, N Locust St and E Pay kwa �St ._...
.... mm.w ...
16.
N Locust St.and E McKiruney St,
17 N Elm St and University Dr
1& N Elm St.and E Parkway St.
19. N Elm St..._
.and E McKinnrM St
.. � .... ......
20 N Carroll Blvd.and University Dr.
22 N Carroll Blvd and W McKinrrry 5t
Existing,x C n�:iV ,a.6jii I In Phase Il, Part B,the following services will be performed:
• Coordinate with the City to obtain traffic signal plans at the area intersections. (WPM/LJA)
• Obtain any available traffic counts or parking data from TWU. (WPM)
• Review any trip generation studies available for the TWU campus as a part of Traffic Impact Analysis (TIA)..
This will serve as the basis of trip generation/trip distribution. (UA)
• Review ITE Trip Generation Manual to obtain trip generation factors. (UA)
• Estimate background and site-generated traffic. (UA)
• Analyze transit re-routing options. (WPM)
• Obstruct traffic flow along the section of Bell Avenue from Chapel Drive to Texas Street in City's Travel
Demand Model (TDM) to perform a high level select link analysis (single execution) to obtain percentage
traffic shift on the system. This scope assumes the use of existing interface and macros to run the City of
Denton TDM and does not include any changes in the interface or macros. It should be noted that No
Calibration will be performed on the TDM. (WPM)
• Distribute the site generated traffic through the access points includingthe intersections and adjacent streets.
(UA)
• Perform capacity analyses at the 21 intersections for the existing traffic and geometric conditions to
determine Levels of Service using Synchro. (UA)
. .
|n Phase |L Part[ the following services will beperformed:
~ Based on review of historic traffic data, socio-economic data, and City's TDM data, the consultant will develop
a growth factor to obtain traffic projections for Year 2O4D. /t should benoted that the historic AA0Fs will be
obtained using 7xDO7's STARS system. /kNmM/
° The Consultant will prepare line diagrams for existing and forecast traffic volumes that will be used as inputs
for 5ynchro models. (VVPK4/UA)
~ Traffic volumes will need to be refined and updated to reflect adjustments to traffic pattern for the specific
scenario. (UA)
° Perform capacity analyses at the 21 intersections for the future phase traffic and geometric conditions 10
determine levels of service using Synchrm. (UA)
|n Phase |L Part D,the following services will beperformed:
~ The Consultant will work with the City to include applicable scenarios with potential alternative solutions,
such as roundabouts or other capacity additions, as needed, at the intersections in the study area. Based on
the results of the analysis, up to two (2) scenarios will be tested using SYNCHRO software for the build year
for the selected intersections. (VVPK4/UA)
° The Consultant will assess the various solutions based on 3ynchro delay, ROW impact, environmental
constraints, access points, ingress/egress, and safety to evaluate feasibility of these options. (UA)
° The Consultant will develop conceptual alternative layouts showing the geometric improvements selected as
part of the Synchro analysis for coordination with the City of Denton. (WPM/UA)
|n Phase ||, Part E,the following services will beperformed:
° Prepare the Traffic Study report to document analysis and recommendations for review byTvVU/Oty of
Denton. (WPM)
° Prepare a final report that incorporates the comments received from TVVU/C|ty of Denton. (WPM)
° Prepare typical cross sections of proposed recommendations, (WPM)
||/ Additional Services Meetings/Discussions with T\mU and City of Denton.
Phase ||| would include additional team meetings, telephone calls, and meetings with TVVU and City ofDenton for
discussion of the project after submission of the Traffic Study tn the City. |t also includes any additional analysis work
outside the scope originally defined byCity. This phase would be handled onan hourly basis,
n W
EXHIBIT B
Fee Schedule
Task Task Bud et
Task 1: Project Management $9,750
"task 2: Preparation of Traffic Study
Task 2a; Data Collection $23,620($21, 7 for traffic counts)
Task 2a Existing Conditions Analysis $34,160
Task 2ca Traffic Forecasting $26,31
Task de Alternatives Analysis $2 9680
Task e;Traffic Study Report $22,40
Project Total:$140,000
y .lm fr c: w f"s v" b s :r" i Nam: .i " �' k (-,J ':gam