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1992-144ALL0036B ORDINANCE NO. 92-/? 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: SECTI~. 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 1ts intersection with Mlngo Road SEC~. 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. SE TI__~. 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. SECT_~. That this ordinance shall become effective four- teen (14) days from the date of 1ts 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 thls the {~day of ~, 1992. BOB CASTLEBERRY, MAYO~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY Page 2 AN ORDINANCE APPROVING SUPPLEMENTAL AGREEMENT NO 01 BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS FOR INSTALLING TRAFFIC SIGNAL CONTROLLERS WITHIN q'HE CITY OF DENTON AT THE INTERSECTIONS OF 1-35E 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 Mayol 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 approval PASSED AND APPROVED this the&~L~day of ~ , 1992 BOB CASTLEBERRY, MAYO/ ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY Contract No ~ STATE OF TEXAS Control 0195-03-43 Hwy I,H. 35 COUNTY OF TRAVIS County Denton SUPPLEMENTAL AGREEMENT NO. O1 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 Mumclpallty 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 Cay WHEREAS, the State and the Ctty executed a contract on the 13th day of November , 1991, concermng Traffic Slgnahzation Mmntenance and, WHEREAS, Article 3A Compensation, hrmts the maximum amount payable under this contract to 1.~!~6!L_Q_Q__ 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, prermses considered, the State and the Chty agree that said contract is amended as follows 1 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 m full force and effect IN WITNESS WHEREOF, The State and the Oty have mgned duphcate counterparts of the Agreement APPROVED AS TO FORM J ni~er aite~s, Cxty Secretary Certified as being executed for the ~/ ~ , purpose and effect of activating  and/or carrying out the orders, By established policies, or work programs heretofore approved and authorized by the Texas Transportation Conumsmon under the anthorl~~~ 100002 By. C~ty Manager ;I~'~ffe~er~tions En~eer Bob CasL'l eb ATTACHMENT A Equipment and associated costs of ~nstalling one traffic s~gnal controller and cabinets at IH-35E and Ave D, U.S. 377 and Acme street an Denton are as follows PERSON SERVICES HOURS RATE TOTAL Paul Iwuchuckwu (Traffic Engineer) 47 5 $18 79 $ 892 52 Gerry DeCamp (consultant) 19 $40 00 $ 760 00 Leslie Gibson (Traffic Tech) 44 $12 58 $ 553 52 Michael May (Trafflc Tech) 46 $12 22 $ 562 12 Sub Total (Labor Cost) $2768 16 VEHI LE ILEAGE MILES RATE/MI TOTAL Gerry DeCamp (Consultant) 80 $ 25 $ 20 00 sub Total (M~leage) $ 20 00 ~ QTY COST TOTAL Transyt 1880EL 8 Phase Controller 1 $5798 00 $5798 00 and cabinet complete wlth 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 Ampl~flers 4 $ 460 00 $1840 00 Canoga Power Supplies 2 $ 262 00 $ 524 00 Subtotal (Equipment) $14618 00 ELECTRICAL M~sc Electrical Items 2 $ 100 00 $ 200 00 Sub Total (Electrlcal) $ 200 00 TOTAL $17606 16 AEE0019D/14 AAA00C8D 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, f~~ PASSED AND APPROVED this the /~ day o 1992. BoB CASTLEBERRY, MA~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY Agreement No. 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~,~gh..~ duly authorized officers as evidence by Ordinance No.~/~.~. , hereinafter acknowledged by reference. WI TNES SETH 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 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 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 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 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 ~rtiole 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. Ail 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 5. 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 iow 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. Ail 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 A~tiole i0. 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 he availed of by either party and shall be cumulative. · .rticle iX. Disputes Should disputes arise as to responsibilities and obligations as set forth in this agreement, the State's decision shall be final and binding. A~ticle 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. ~tiole 13. ~men~ments 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. A~tiole 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 iS. 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 LB. 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 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. ANticle ~7. Legal Construotion 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 X8. GoveNning 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. 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 B~~AGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:~ Sheet 6 of 7 APPROVED AS TO LEGAL FORM: THE STATE OF TEXAS DEBRA A. DRAYOVITCH, CITY ATTORNEY Certified as being executed for AO--)Cthe purpose and effect of activating and/or carrying out the orders, BY: established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002. ATTEST: BY: SECRETARY 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, dated , approved by Ordinance No. ~- /~ 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 Attorne~o~ the City Denton, Tex~ STATE OF TEXAS COUNTY OF DENTON I, Jennifer Walters, duly appointed, qualified and acting city secretary of the City of Denton, Texas, hereby certify that the foregoing pages constitutes true and correct copy of a.~ .-~----jprdi-~--n~ce~ duly passed by the City Council at a meeting held To certify which, wi,tness my had and seal of the city of Denton, Texas, this~ day of,~, 19~ at Denton, Texas. ATTACHMENT A Equipment and associated costs of installing one traffic signal controller and cabinet at Loop 288 and Golden Triangle Mall in Denton are as follows: P~RSONAL 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) $~-~-~ EOUIPMENT QTY COST TOTAL Transyt 1880EL 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 i $ 250 $ 250.00 sub Total (Equipment) $7,491.00 ELECTRICAL Misc. Electrical Items i $ 100 $ 100.00 Sub Total (Electrical) $9,291.00 TOTAL $10,353.20 AEE0019D/13