1993-116r:\WPD0CS\0RD\STATE.0
ORDINANCE NO. 3 1/V
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE STATE OF TEXAS FOR THE INSTALLATION OF TRAFFIC SIGNALS AT
THE INTERSECTIONS OF IH HIGHWAY 35 FRONTAGE ROADS WITH US HIGHWAY
77 AND F.M. 1515; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute an agreement with the State of Texas for the installation
of traffic signals at the intersections of IH Highway 35 frontage
roads with US Highway 77 and F.M. 1515, a copy of which is attached
hereto and incorporated by reference herein.
SECTION II. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this the L5~Lday of
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP ;O ED AS TO LEGAL FORM:
DEB ADAMI DRAYOVITCH, CITY ATTORNEY
BY: L~&4) ALA ~a
1993.
Agreement No. 164XXM8004
STATE OF TEXAS
COUNTY OF TRAVIS
AGREEMENT FOR THE FURNISHING 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 thr ugh its duly authorized officers as evidence by
Resel~t~/Ordinance No. --/(o , hereinafter acknowledged by reference.
WITNESSETH
WHEREAS, the State owns and maintains a system of highways and roadways, including
IH 35E and IH 35 in the City of Denton ; and
WHEREAS, the City has requested the State to reimburse the cost of furnishing traffic
signal equipment at the intersection(s) of IH 35 Frontage Roads with US 77 and
IH 35E Frontage Roads with F.M. 1515
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 traffic signal equipment on the Project; and
WHEREAS, on the 28th day of October 19 92 , the Texas Transportation
Commission passed Minute Order No. 101588 approving the the interchange of
IH 35 with US 77; and
WHEREAS, on the 24th day of July 19 91 , the Texas Transportation
Commission passed Minute Order No. 91763 approving the the interchange of
IH 35E with FM 1515; 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.;
FrSEKSTATEI
10/92
Sheet 1 of 6
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 the 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 of the 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 $20.261.00
A cost estimate of the traffic signal equipment furnished by the City 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 the traffic signal equipmen
according to the location and manner of construction as shown and described in th
plans and specifications.
C. The State will reimburse the City for properly supported costs incurred under the tern
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 applicable 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. 1o/s2
FrSEM:STATEI
Sheet 2 of 6
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, summarizing the costs by
description of work performed, quantity 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. 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 applicable 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.
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
specifications 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.
FTSEM:STATEI
10/92
Sheet 3 of 6
ARTICLE 7. TERMINATION
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 satisfactorily perform the services and obligations set forth in this
agreement, 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.
ARTICLE 8. INDEMNIFICATION
To the extent permitted by law, the City shall save harmless the State from all claims and
liability due to the 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
otherwise resisting said claim or liabilities which might be imposed on the State as the
result of such activities by the City, its agents or employees.
ARTICLE 9. 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 remedies existing at law and in
equity may be availed of by either party and shall be cumulative.
ARTICLE 10. 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 11. 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 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.
FTSEWSTATEI 10/92
Sheet 4 of 6
ARTICLE 13. 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 14. 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 checking the amount of the work
performed and/or materials furnished by the City at the time of contract termination. The
City shall maintain all books, documents, papers, accounting records and other
documentation pertaining to cost incurred under this contract and shall make such
materials available to the State or its duly authorized representatives for review and
inspection at its office during the contract period and for three (3) years from the date of
final payment under this contract or until impending litigation is resolved. Additionally, the
State and its duly authorized representatives shall have access to all records of the City
which are directly applicable to this contract for the purpose of making audits,
examinations, excerpts and transcriptions.
ARTICLE 15. 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 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 16. 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 17. 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.
FTSEM:STATE1
10/92
Sheet 5 of 6
IN WITNESS WHEREOF, The State and the City have signed duplicate counterparts of
the Agreement.
CITY OF DENTON
Lloyd V. Harrell, City Manager
Typed Name and Title
6/16/93
Date
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:
By:
Signature
4e,
Traffic Operations Engineer
7' Z3 - 9~.3
Date
FTSEW STATEI 10/92
Sheet 6 of 6
EXHIBIT "A"
I.H. 35 and Hwy 77
Equipment and associated costs of
installing one traffic signal controller and cabinet
Equipment Cost
Transyt 1880EL 8 phase
1
$6,800.00
controller/cabinet for
Diamond operation complete
with 9200 revision/clock chip
including 40 amp model
300-01 Loadswitch, 304-15
flasher & 12/EL Nema plus
LCD monitor.
Canoga (P424T) Detector
3
$437
1,311.00
Amplifiers
Canoga Power Supplies
1
250
250.00
Misc Elec Items
1
100
100.00
Equipment
Cost
$ 8,461.00
Personal Services
Hours
Rate
Total
Paul Iwuchukwu, Traffic Eng
30
19.25
577.50
Manuel Coronado, Traffc Supv
20
16.05
321.00
Jeff Gann, Traffic Tech
20
13.51
270.20
Les Gibson, Traffic Tech
20
12.58
251.60
Mike May, Traffic Tech
20
12.46
249.20
Labor Cost $1,669.50
SUBTOTAL COST $10,130.50
COW- .1h"
I.H. 35 and Bonnie Brae
Equipment and associated costs of
installing one traffic signal controller and cabinet
Equipment Cost
Transyt 1880EL 8 phase 1 $6,800.00
controller/cabinet for
Diamond operation complete'
with 9200 revision/clock chip
including 40 amp model
300-01 Loadswitch, 304-15
flasher & 12/EL Nema plus
LCD monitor.
(Exhibit "A" Continued)
Canoga (P424T) Detector
Amplifiers
Canoga Power Supplies
Misc Elec items
3
1
1
Equipment Cost
$437 1,311.00
250 250.00
100 100.00
$ 8,461.00
Personal Services
Hours
Paul Iwuchukwu, Traffic Eng 30
Manuel Coronado, Traffc Supv 20
Jeff Gann, Traffic Tech 20
Les Gibson, Traffic Tech 20
Mike May, Traffic Tech 20
Labor Cost
SUBTOTAL COST
Rate Total
19.25
577.50
16.05
321.00
13.51
270..20
12.58
251.60
12.46
249.20
$1,669.50
$10,130.50
?1~J-Oe'