1990-103NOTE: ORDINANCE 90-103 REPEALED. SEE ORDINANCE 92-104 COPY ATTACHED.
ORDINANCE NO. qe--:XQ3
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 IN DENTON; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; 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 con-
trollers on FM 2181 at its intersection with Interstate Highway 35E
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 this ordinance shall become effective
immediately upon its passage and approva .
PASSED AND APPROVED this the day of , 1990.
BOB CASTLEBERRY, MA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY?ROVED
AP AS TO LEGAL FORM:
nX 'K
DEBRA A. DRAYOVITCH, CITY ATTORNEY
E
e:updocs\2181krev.o
ORDINANCE NO. ~ x_
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.
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repealed.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 approxal.
PASSED AND APPROVED this the day of , 1992.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROV~AS TVLEGAL FORM:
DEBRA I D YOVITCH, CITY ATTORNEY
BY: 9
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
Transportation, hereinafter called the "State", and the City of
Denton, Denton County, Texas, hereinafter called the "City", acting
by and through its my authorized officers as evidenced by
Ordinance No. `bc /y , 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 FM 2181 and I-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 I-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.;
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:
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 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 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 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 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.
Article 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. All 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.
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.
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. 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 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-
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 7.' 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 S. 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.
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 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.
Article 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.
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 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 WITNESS WHEREOF, The State and the City have signed duplicate
counterparts of the agreement.
CITY OF DENTON, TEXAS
BY
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: i0
APPR VED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
LLOYD V. HARRELL, CIT/t MANAGER
BY: b•^~~ r
THE STATE OF TEXAS
BY:
ATTEST:
BY:
SECRETARY
control
TRAFFIC OPERATIONS ENGINEER
PAGE 6
ATTACHMENT A
TO: Paul Iwuchukwu
FROM: Jeff Gann
DATE: May 22, 1992
SUBJECT: Charges To FM 2181 at I-35,FM 2181 at Oak Meadow
and FM 2181 at Londonderry.
Equipment and associated casts of installing two temporary
traffic signal controllers and cabinets at F.M. 2181 &
Hwy I-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
= 316.25
Les Gibson
(Traffic
Tech).......
25
@
13.21
= 330.25
Mike May
(Traffic
Tech).......
25
@
12.83
= 320.75
Consultant Cost
for Timing
Adjustment
15
@
60.00
= 900.00
Contractor Cost
for Manual
Traffic Count
s
= 500.00
La
bor cost
Sub Total
= 3,410.40
Equipment cost
QTY 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)
= 29788.80
Total cost (Temporary signals) = 69199.20
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
Synchronizati
on ...................30
@
60.00
= 1,800.00
Contractor Cost
for Manual
Traffic Count
s
= 600.00
Labo
r cost Sub Total
= 5,313.75
Equipment cost
QTY COST TOTAL
Transyt 1880EL 8 phase Controller
and Cabinet complete with all
plugables & Model 12EL LCD 2 @ 5,798.00= 11,596.00
Conflict Monitor.
Transyt. 1880EL ControLler and
Cabinet (Game as above but for
Diamond operation)
1 @ 6,156.00= 6,456.00
Canoga ( P 424T ) Detector
-Amplifiers.
Canoga Power Supplies
8 @ 460.00 = 3,680.00
3 @ 262.00 = 786.00
disc 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.
29431,
/SokC (#8a 13
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
Transportation, hereinafter called the "State", and the City of
Denton, Denton County, Texas, hereinafter called the "City", act-
ing by and through its duly authorized officers as evidenced by
ordinance No. 9Q /03 , 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 FM 2181 and I-35E, 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 in-
tersection of I-35E and FM 2181, 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.;
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:
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
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 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 $ 12,135.06 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 cnarges, if the City
has already paid these billings from City funds.
Article 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. All 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.
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.
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.
B. The State will reimburse the City for materials purchased
other than by competitive bid procedures only if such procedures
are shown to oe 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 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-
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.
PAGE 3
Article 7. 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:
(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
operation responsibilities for the traffic signals in a satis-
factory 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 it-
self, 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 im-
posed 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
PAGE 4
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 by
either party and shall be cumulative.
Article 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
responsibilities 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 amend-
ment. 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 para-
graph 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
PAGE 5
pertaining to costs incurred and shall make such materials avail-
able for inspection 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 pertinent to this agreement for the pur-
pose 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 par-
ties 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 sub-
ject matter.
IN WITNESS WHEREOF, The State and the City have signed dupli-
cate counterparts of the agreement.
CITY OF DENTON, TEXAS
BY:
L D IV- HARRELL, CIT ANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
PAGE 6
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
~
BY:
THE STATE OF TEXAS
Certified as being executed for the propose
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.
ATTEST:
BY:
!~.2C?
SECRETARY Gary Trietsch, P.E.
Traffic Operations Engineer
8 `oZ/- 90
Date
PAGE 7
ATTACHMENT A
~~7aY7_
T o: Paul I. ! 2 9 X990
PROM:Jeff Gann
CATE:June 28. 1990
SUBJECT:Labor Charges To Teasley & I-35
Approximate number of hours to install cabinet & controllers
at Teasley & I-35 are as follows. HOURS
RATE
TOTAL
Paul I. (Traffic engineer).........
6
a 15.46
= 92.76
Manny Coronado (Traffic Supervisor)
6
a 14.57
= 87.42
Jeff Gann (Traffic Tech.)..........
8
a 11.28
= 90.24
Les Gibson (Traffic Tech.).........
8
a 10.68
= 85.44
Mike May (Traffic Tech.)...........
8
a 10.40
= 83.20
-
Labor cost Sub Total
36
=439.06
Equipment Cost
QTY
COST
TOTAL
Controllers & Cabinets
2
5798.00
11,596.00
Misc. Electrical Items
100.00
100.00
TOTAL COST 12,t35.06
D PAUL WAK"A(WU
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CITY of DENTON, TEXAS
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D JERRY CLARK, P.E.
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Damon AND TRANOPORTAT"
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434.25
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434.25
CITY of DENTON, TEXA
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COMMISSION
ROBERT H. DEDMAN, CHAIRMAN
RAY STOKER, JR.
WAYNE B. DUDDLESTEN
AUG"710
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
P.O. BOX 3067
DALLAS, TEXAS 75221-3067
(214) 320-6100
August 23, 1990
ENGINEER-DIRECTOR
ARNOLD W. OLIVER, P.E.
CONTACT:
Mr. Jerry Clark, P.E.
City Engineer
City of Denton
215 East McKinney
Denton, Texas 76201
Dear Mr. Clark:
Please find attached a completely executed counterpart agreement number
18OXXH8013, providing for the State to reimburse the City for furnishing and
installing a traffic signal controller on I.H. 35E frontage roads at F.M. 2181
as part of a roadway upgrading contract. This counterpart is for the official
City files.
Attachment
0
Dis
llen, P.E.
affic Operations Engineer