1992-104e:wpdocs\2181krev.o
NOTE: ORDINANCE REPEALED BY 92-145.
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTA-
TION FOR INSTALL~%TION OF TRAFFIC SIGNAL CONTROLLERS ON FM 2181 AT
ITS INTERSECTION WITH INTERSTATE HIGHWAY 35E, OAK MEADOW DRIVE, AND
LONDONDERRY LANE IN DENTON; AUTHORIZING THE EXPENDITURE 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
execute an agreement with the Texas State Department of Highways
and Public Transportation for installation of traffic signal
controllers on FM 2181 at its intersection with Interstate Highway
35E, Oak Meadow Drive, and Londonderry Lane in Denton.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement.
SECTION III. That Ordinances No. 90-103 and 92-065 are
repealed.
SECTION IV. That this ordinance shall become effective
immediately upon its passage and ap~al. ~
PASSED AND APPROVED this the~,~ day of ~ , 1992.
BOB~ER~
JENNIFER WALTERS, CITY SECRETARY
_
APPR04~ AS T~LEGAL FORM:
DEBRA Ax~AMI DR~kYOVITCH, CITY ATTORNEY
AGREEMENT FOR THE INSTALLATION OF
TRAFFIC SIGNAL CONTROLLERS BY A MUNICIPALITY
THIS AGREEMENT is made by and between the State of Texas, act-
ing by and through the State Department of Highways and Public
TransportatioD, 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
Ordinance No. ~o~-/~,~ , hereinafter acknowledged by reference.
W I TN E S S E TH
WHEREAS, the state owns and maintains a system of highways and
roadways, including FM 2181 and 1-35E, in the city of Denton; and
WHEREAS, the City has requested the State to reimburse the
cost of obtaining and installing traffic signal controllers at the
intersection of 1-35E and FM 2181, the intersection of FM 2181 and
Oak Meadow Drive, and the intersection of FM 2181 and Londonderry
Lane, hereinafter called the "Project"; and
WHEREAS, the State and City wish to cooperate in the construc-
tion 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 29th day of November, 1988, the State Highway
and Public Transportation Commission passed Minute Order no. 88031,
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.;
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
controller is in operation at the described location, or unless
PAGE 1
otherwise terminated or modified as hereinafter provided.
Article Z. Construction Responsibilities
A. For all items of construction other than furnishing and
installing the traffic signal controller, the State will prepare
the construction plans, advertise for bids, and let the construc-
tion 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 installation of the traffic signal con-
troller 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 expenditure under this agreement without
modification is $34,180.95. 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 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 ex-
penses, and warehouse or material handling charges, if the City has
already paid these billings from city funds.
Artlole 4. Payments
A. The City shall submit the State's Form 132, Billing State-
ment, or other type of invoice acceptable to the State upon com-
pletion of the Project and 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, sum-
marizing all 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 of receipt of the City's request for payment, provided
that the request is properly prepared, executed, and documented.
PAGE 2
E. Unsupported charges or charges made after final acceptance
by the State will not be considered eligible for reimbursement.
The State will prepare a final audit upon completion of the autho-
rized work or at any time an audit is deemed to be in the best
interest of the State.
~rticle 5. Personnel, Equipment, and Material
A. The City will use labor and supervisory personnel employed
directly by the city, and will 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, these items may be rented or leased
as necessary at the iow bid price submitted by two or more approved
bidders.
B. The State will reimburse the city for materials purchased
other than by competitive bid procedures only if such procedures
are shown to be in the public interest and if the State has 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 ~n-
spection of all materials, equipment, and the work of installation
to determine and to permit certification that the Project and its
components meet all applicable requirements of the plans and spec-
ifications in suitable condition for operation and maintenance by
the City after its completion.
B. The City will provide opportunities, facilities and repre-
sentative samples as may be required to enable the State to carry
on suitable, frequent, and complete inspection of all materials and
application methods, and 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 ob-
tain acceptable systems components and installation procedures
without delay.
Article ?.' Maintenance and Operation Responsibilities
Upon completion of the Project, the City agrees to operate and
maintain the traffic signals at its expense as a part of its street
system and agrees to assume the cost of all electrical power re-
quired for signal operation, including electrical power needed
during test periods.
Article 8. Termination
A. This agreement may be terminated by one of the following
conditions:
PAGE 3
(1) By mutual agreement and consent of both parties.
(2) By the State, by giving written notice to the City as a
consequence of City's failure 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 City's control.
(3) By either party, upon thirty (30) days written notice
to the other.
B. If, at any time, the City fails to assume the construction
responsibilities as prescribed herein or the maintenance and opera-
tion responsibilities for the traffic signals in a satisfactory
manner as determined by the State, the State reserves the right to
assume the construction responsibilities or to arrange for mainte-
nance and operation responsibilities at the expense of the city.
Artiole 9. Indemnification
To the extent permitted by law, the City shall save harmless the
State from all claims and liability due to 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 attorneys fees which might
be incurred by the State in litigation or in 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 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 consid-
ered as specifying the exclusive remedy for any default, but all
remedies existing at law and in equity may be availed by either party
and shall be cumulative.
Artiole 11. Disputes
Should disputes arise as to responsibilities and obligations 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 respon-
sibilities or 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.
PAGE 4
Article 13. 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.
Artlcle 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
obligations under this agreement except with the prior written
consent of the State.
Article 16. 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 work performed by the City at
the time of contract termination. The City shall maintain all books,
documents, papers, accounting records and other evidence pertaining
to costs incurred and shall make such materials available for inspec-
tion by the State or any of its duly authorized representatives, at
City's offices during the contract period and for three (3) years
from the date of final payment under the agreement. The State shall
have access to all such records of the City which are directly perti-
nent 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
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 provisions 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
laws of the State of Texas. Any legal actions regarding the parties
obligations under this agreement must be filed in Denton County,
Texas.
PAGE 5
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 WIT~ESS WHEREOF, The State and the city have signed duplicate
counterparts of the agreement.
CITY OF DENTON, TEXAS/
LLOYD'. HARRELL, CI~ MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP D AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: ~) ' ~
--~ THE STATE OF TEXAS
BY:
TRAFFIC OPERATIONS ENGINEER
ATTEST:
BY:
SECRETARY
control
PAGE 6
ATTACHMENT A
TO: Paul Iwuchukwu
FROM: Jeff Gann
DATE: May 22, 1992
SUBJECT: Charges To FM 2181 at 1-35,FM 2181 at Oak Meadow
and FM 2181 at Londonderry.
Equipment and associated c~sts of installing two temporar~
traffic signal controllers and cabinets at F.M. 2181 &
Hwy 1-35 in Denton are as follows:
Personal Services
HOURS RATE TOTAL
Paul Iwuchukwu (Traffic Engineer}... 30 @ 19.73 = 591.90
Manny Coronado (Traffic Supervisor). 25 @ 16.85 = 421.25
Jeff Gann (Traffic Tech) ....... 25 @ 13 85 = 346.25
Les Gibson (Traffic Tech) ....... 25 @ 13.21 = 330.25
~like May (Traffic Tech) ....... 25 @ 12.83 = 320.75
Consultant Cost for Timing
Adjustment ................... 15 @ 80.00 = 900.00
Contractor Cost for Manual
Traffic Counts ..................... = 500.00
Labor cost Sub Total = 3,410.40
Equipment cost
COST TOTAL
Transyt 1880EL 8 phase Controller 2 @ 5,798 = 11,596.00
and Cabinet complete with all
plugables, and Model 12EL LCD
Conflict Monitor.
Canoga ( P424T } Detector 4 @ 437 = 1,748 00
Amplifiers.
Canoga Power Supplies '. 2 @ 250 = 500.00
Misc. Electrical Items 2 @ 50 = 100 00
Equipment cost Sub Total = 13,944.00
Equipment reimbursable by TxDOT (.20 x 13,944) = 2,788.80
Total cost (Temporary signals) = 6,199.20
ATTACHMENT A (CONTD)
Equipment and associated costs of installing three permanent
traffic signal controllers and cabinets at three intersections
on FM 2181 in Denton are as follows:
Personal Services
HOURS RATE TOTAL
Paul Iwuchukwu (Traffic Engineer).. 40 @ 20.72 -- 828.80
Manny Coronado (Traffic Supervisor),35 @ 17.69 -- 619.15
Jeff Gann (Traffic Tech) ....... 35 @ 14.54 -- 508.90
Les Gibson (Traffic Tech) ....... 35 @ 13.87 = 485. 15
Mike May (Traffic Tech) ....... 35 @ 13.47 = 471.45
Consultant Cost for Signal
Synchronization ................... 30 @ 60.00 = 1,800.00
Contractor' Cost for btanual
T~a~fic Counts = f'00 O0
Labor cost Sub Total = 5,313.75
E_g_g_i pme n t cost
ifFY COST TOTAL
Transyt 1880EL 8 phase Controller
and Cabinet complete with ali
piugables & Model 12EL LCD 2 @ 5,798.00= 11,§96.00
Conflict Monitor.
Transyt 1880EL Controller and
Cabinet (same as above but for
Diamond operation) [ @ 6,.156.00= 6,456,00
Canoga (P~24TI Detector
AmpLifiers. 8 @ 460,00 = 3,680.00
Canoga Power .Supplies 3 ~ 262.00 = 786.00
~lisc Electrical Items 3 ~ 50.00 = 150.00
Equipment cost Sub Total = 22,668.00
Total cost (Permanent Signals) = 27,981.75
Total Project cost = 34,180.95
If any questions please contact Paul Iwuchukwu at (817) 566-8358.