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1992-065e wpdocs\~181krev ord NOTE REPEALED BY ORDINANCE 92-104 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTA- TION FOR INSTALLATION 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 S~CTION II That the city Council hereby authorizes the expenditure of funds in the manner and amount as specified in the agreement SECTION III That Ordinance No 90-103 is repealed SECTION IV That this ordinance shall become effective immediately upon Its passage and approval PASSED AND APPROVED this the~/~day of ~ , 1992 BOB' CASTLEBERRY, MAYO~ ~ / ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVE S TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, 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- lng by and through the State Department of Highways and Public Transportation, 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 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 Artlcle 6673-b, V A C S , NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kapt and performed as hereinafter set forth, it is agreed as follows PAGE I Artiole 1 Contrast 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 otherwise terminated or modified as hereinafter provided Article 2 Construetion 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 ,, Artiole 3 Compensation A The maximum expenditure under this agreement without modification is $39,938 49 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 Artiole 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 PAGE 2 C Ail billing statements shall be properly documented, sum- marlzlnq 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 1s properly prepared, executed, and documented E Unsupported charges or charges made after final acceptance by the State will not be considered eligible for relmbursement The State will prepare a flnal audit upon completion of the autho- rized work or at any t~me an audit 1s 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 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 low bid price submitted by two or more approved bidders S 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 undepreclated Artiola 6 Inspeotion of Work A The State shall make suitable, frequent, and complete in- 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- lflcations 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 PAGE 3 Article 7 Maintenance and operation Responsibilities Upon completion of the Prelect, the City agrees to operate and malntaln 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 (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 falls to assume the construction responsibilities as prescribed herein or the maintenance and opera- tlon 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 Article 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 Clty 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 PAGE 4 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 dec~slon 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 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 Article 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 pertl- PAGE 5 nent to this agreement for the purpose of making audit examinations, excerpts and transcriptions &rtiole 17 Legal Construction In case any one or more of the provisions contained In thls agreement shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabillty shall not affect any other provisions thereof, and this agreement shall be construed as if such invalid, ~llegal, or unenforceable provision had never been contained herein Article lS. 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 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 WITNESS WHEREOF, The State and the City have signed duplicate counterparts of the agreement CITY OF DENTON, TEXAS BY LLOYD V -HA~RELL, CIT/ MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY DEBRA'A DRAYOVITCH, CITY ATTORNEY PAGE 6 THE STATE OF TEXAS BY TRAFFIC OPERATIONS ENGINEER ATTEST BY S~CRETARY cc~trot k PAGE 7 ATTACHMENT A TO Jerry Clark FROM Jeff Gann DATE Hatch 16, 1992 SUBJECT Charges To Teasley at [-35,Teasley at Oak Mea0ow an0 Teasley at LonUon~erry Equipment and associated costs of installing three permanent traffic s~gnal controllers and cabinets at three lntersect3ons on FN 2181 in Denton are as follows Personal Servl cea HOURS RATE TOTAL Paul Iwuchukwu (Traffic Eng3n®er) 9 · 19 73 = 177 57 Nanny Coronado (Traffic Supervisor) 9 · 16 85 = 151 65 Jeff Gann (Traffic Tach) 12 · 13 85 = 168 20 Les G~bson (Traffic Tach) 12 · 13 21 = 158 52 Hlks May (Trafflc Tach) 12 ~ 12 83 = 153 96 Consultant Cos1: for signal syncinron3zat~on 30 · 60 00 = 1,800 00 Labor cost Sub Total 84 = 2,607 90 Eoul oment, coat, QTY COST TOTAL Transyt 1880EL 8 phase controller 2 O 7,060 56= 14,121 12 and cabinet comolete wlt,h al l plugablss,12EL monitor LCD and Opt~com card rack Transyt, 1880EL controller ancl 1 · 7,394 40= 7,394 40 cabinet (same as above but, for O~ amond ooerat,ton) Canoga ( P424T ) Detector 8 · 460 00 = 3,680 00 amp~ ~ftsra Equipment, coat; = 25,195 52 Tot,al coat, ( Permanent, Stgnala ) = 27,803 43 Tot,al Coet, (Temporary Signals) = 12,135 06 Hocl'if'led Tot,&1 Coat, = 39,g38 49