1991-109g wpdocs\tsco
ORDINANCE NO 9/-/U9
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
THE STATE OF TEXAS FOR INSTALLING TRAFFIC SIGNAL CONTROLLERS WITHIN
THE CITY OF DENTON, 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 Mayor and City Secretary to execute and attest, respec-
tively, the agreement between the City of Denton and The State of
Texas providing for the furnishing of traffic signal control equip-
ment within the City of Denton, under the terms and conditions con-
tained in said agreement which is attached hereto
SECTION II That the expenditure of funds in an amount not to
exceed $12,641 00 is hereby authorized
SECTION III That this ordinance shall become effective im-
mediately upon its passage and ap//p//nrrovLlM
PASSED AND APPROVED this the day of 1991
BOB CASTLEBERRY,
ATTEST
JENNIFER WALTERS, CITY SECRETARY
r
BY J.6d1J.1L'6.1~-
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
Agreement No
STATE OF TEXAS
COUNTY OF TRAVIS
AGREEMENT FOR THE INSTALLATION OF
TRAFFIC SIGNAL CONTROLLERS BY A MUNICIPALITY
THIS AGREEMENT is made by and between the State of Texas, acting 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 evidence by Resolution/Ordinance
No , hereinafter acknowledged by reference
W I T N E S S E T H
WHEREAS, the State owns and maintains a system of highways and roadways,
including X.H 35E and U S 377, 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 intersection
of I H 3~E at Ave D and U S 377 at Acme, 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; 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 th day of , 19 , the State Highway and
Public Transportation Commission passed Minute Order No
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 ,
A G R E E M E N T
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
Page 1 of 6
Article 1 Contract l mod
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 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 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 and installation of the traffic signal controller 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
$ IZ .1!141, M A cost estimate of the work authorized under this
agree ent ~s marked "Attachment All, 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 as 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 Reimbursement will be made by the State to the city for
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.
B An original and four (4) copies of the Billing Statement should be
submitted to the following address. P 0 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
Page 2 of 6
D The State shall -kw payment to the City wi in thirty (30) days from
receipt of the City 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 sdpervisory 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 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
Article 7 Maintenance and Operation Responsibilities
Upon completion of the Project, the City agrees to operate and maintain at
its own expense, the traffic signals as a part of the street system and
agrees to assume the cost of all electrical power required for signal
operation, including the 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 - -
Page 3 of 6
(2) By the State y writing notice to
failure by t1,4 City to perform the
forth in a satisfactory manner and
with proper allowances being made
control of the City.
(3) By, either party, upon thirty (30)
other
the C' • as consequence of
services and obligations set
within the limits provided,
for circumstances beyond the
days written notice to the
B If, at any time, the City fails to
responsibilities as prescribed herein or the
responsibilities for the traffic signals in
determined by the State, the State reserves
construction responsibilities or to arrange foi
responsibilities at the expense of the City
Article 9 Indemnification
assume the construction
maintenance and operation
a satisfactory manner as
the right to assume the
maintenance and operation
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 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 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 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 11 Disputes
should disputes arise as to responsibilities and obligations as set forth
in this agreement, the Status decision shall be final and binding.
Article 12 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 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
Page 4 of 6
Article 14 Insurance
If the City is a self-insured entity or the City contracts the work
defined hereunder with an independent contractor, the City and/or its
contractor shall extend the protection of it's self-insurance to the State
for any and all damages and injuries arising from the City's performance
under the Agreement, by naming the State as an "Additional Insured" under
existing self-insurance policies The City shall label such documentation
EXIBIT F
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 the 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 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
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 provision 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 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 19 Prior Agreements Superseded
Page 5 of 6
IN WITNESS WHEREOF, The State and the City have signed duplicate
counterpart's of the Agreement
CITY OF Depton 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 State Highway and
Public Transportation Commission
under the authority of,Minute Order
82513
By
Signature
Traffic Operations Engineer
Date
Page 6 of 6
1 01 A- Ito, )!q/
Dat
MEMORANDUM
To Jerry Clark
From Jeff Gann
Date 05\30\91
Subject Estimate of Traffic Control Equipment needed for
Ave D at I-35E and for Acme at U S 377
Ave D & I-35
Transyt 1880EL Controller Closed Loop (Diamond operation
Complete with all plugables and 12EL Name Plus Monitor LCD
Cost $8458 00
Acme & U S 377
Transyt 1880EL Closed Loop 8 Phase complete with all
plugables and 12EL monitor LCD
Cost $8185 00
1
TEXAS
DEPARTMENT OtT TRANSPORTATION ox 3067
Dallas, Texas 75221-3067
(214) 320-6100
December 11, 1991
Control 81-4 & 195-3
U S 377 & I H 35E
Denton County
Mr Jerry Clark
City Engineer
City of Denton
215 East McKinney
Denton, Texas 76201
Subject Signal Agreements
Dear Mr Clark
Attached for your information and file is a signed signal agreement
at the intersection of I H 35E frontage roads with Avenue D and
U S 377 with Acme in the City of Denton
Sinc e y,
Le y Wallen P E
Distr ct Traffic Operations Engineer
Attachment
An Equal Opportunity Employer
Agreement No J64) Wd 8d05
STATE OF TEXAS
COUNTY OF TRAVIS
TRAFFIC SIGNAL
FOR THE INSTALLATION OF
ONTROLLERS BY A MUNICIPALITY
THIS AGREEMENT is made by and between the State of Texas, acting 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 evidence by Resolution/ordinance
No q/- /09 , hereinafter acknowledged by reference
W I T N E S S E T H
WHEREAS, the State owns and maintains a system of highways and roadways,
including I,H 35E and U S 377, 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 intersection
of I H 35E at Ave D and U S 377 at Acme, 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, 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 26 th day of Seutember , 1990 , the State Highway and
Public Transportat on Commission passed Minute Order No 90799
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 ,
A G R E E M E N T
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
Page 1 of 6
Article 1 Contract i _.Lod
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 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 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 and installation of the traffic signal controller 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
s. IZ 4bAI'm A cost estimate of the work authorized under this
agree ent is marked "Attachment All, 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 as 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 Reimbursement will be made by the State to the City for
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
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 bilking statements shall be properly documented, summarizing the
costs by description of work performed, quantity of materials and devices,
unit price, labor costs, and extensions
Page 2 of 6
D The State shall m. , payment to the City wit, i thirty (30) days from
r_ceipt 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 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 pmts 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
Article 7 Maintenance and Operation Responsibilities
Upon completion of the Project, the City agrees to operate and maintain at
its own expense, the traffic signals as a part of the street system and
agrees to assume the cost of all electrical power required for signal
operation, including the 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
Page 3 of 6
(2) By the State t writing notice to the Ci., as consequence of
failure by the City 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 the
control of the city
(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 operation
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 maintenance 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 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 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 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 11 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 12 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 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
Page 4 of 6
Article 14 Insurance
If the City is a self-insured entity or the City contracts the work
defined hereunder with an independent contractor, the City and/or its
contractor shall extend the protection of it's self-insurance to the State
for any and all damages and injuries arising from the City's performance
under the Agreement, by naming the State as an "Additional Insured" under
existing self-insurance policies The City shall label such documentation
EXIBIT F
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 the 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 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,
examinationso 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 provision 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 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 19 Prior Agreements Superseded
Page 5 of 6
IN WITNESS WHEREOF, The State
counterparts of the Agreement
CITY OF Denton
and the City have signed duplicate
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 State Highway and
Public Transportation Commission
under the authority of,Minute order
82513
By / C `f L~
l si4n ure
Traffic Operations Engiheer
Date
Page 6 of 6
r
Dat
MEMORANDUM
To Jerry Clark
From Jeff Gann
Date 05\30\91
Subject Estimate of Traffic Control Equipment needed for
Ave D at I-35E and for Acme at U S 377
Ave D & I-35
Transyt 1880EL Controller Closed Loop (Diamond operation
Complete with all plugables and 12EL Nema Plus Monitor LCD
Cost $8458 00
Acme & U S 377
e
Transyt 1880EL Closed Loop 8 Phase complete with all
plugables and 12EL monitor LCD
Cost $8185 00
1
I--
i
JUL 2 5 1991
5
ORDINANCE NO RLCEIVE0
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
THE STATE OF TEXAS FOR INSTALLING TRAFFIC SIGNAL CONTROLLERS WITHIN
THE CITY OF DENTON, 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 Mayor and City Secretary to execute and attest, respec-
tively, the agreement between the City of Denton and The State of
Texas providing for the furnishing of traffic signal control equip-
ment within the City of Denton, under the terms and conditions con-
tained in said agreement which is attached hereto
SECTION II That the expenditure of funds in an amount not to
exceed $12,641 00 is hereby authorized
SECTION III That this ordinance shall become effective im-
mediately upon its passage and approvjilp
PASSED AND APPROVED this the/beg-day of 1991
0
BOB CASTLEBERRY, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY 'f
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY