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1992-104e:wpdocs\2181krev.o NOTE: ORDINANCE REPEALED BY 92-145.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 That Ordinances No. 90-103 and 92-065 are repealed.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.