1989-0202605L
NO Q9 0a.
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND THE STATE OF TEXAS FOR INSTALLATION OF A TRAFFIC SIGNAL
CONTROLLER AT THE INTERSECTION OF LOOP 288 AND MORSE STREET, AND
PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council hereby approves and auth-
orizes time Mayor and City Secretary to execute and attest,
respectively, the agreement between the City of Denton and The
State of Texas providing for the installation of a traffic signal
controller at the intersection of Loop 288 and Morse Street,
under the terms and conditions contained in said agreement which
is attached hereto
SECTION II That this ordinance shall become effective
immediate Ty upon its passage and approval
PASSED AND APPROVED this the l_ day of , 1989
ENS, MAYOR
9TEPH
RAY
ATTEST
J I R ALTERS, CI Y SE RETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY ran dV~dn
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 Tnwntnn , Denton County, Texas, hereinafter
called the City , acting by and through its duly authorized officers as evidence
by Bwe4rr".R/Ordinance No _?9_-A a p , 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
Loop 288, 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 Loop 288 and Morse,
herein after called the 'Project , and
WHEREAS, the State and City wish to cooperate in the const,uction of this Project
and
WHEREAS, theiCity desires that equipment be provided that is compatible with
standard signal operation and a future closed loop system, 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 28thday of September , 19 88 , the State Highway and Public
Transportation Commission passed Minute Order No 87924 , 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
12/88 Page 1 of 6
Article 1 Contract Periuu
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 $ 8,258 84
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 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 reimbu,sed 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
D The State shall make payment to the City within thirty (30) days from receipt
of the City s request for payment, provided that the request is properly prepared,
executed, and documented
12/eB Page 2 of 6
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 pe,form 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
8 Reimbursement fo, 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 p,ior 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
8 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
12188 Page 3 of 6
(2) By the State by sting notice to the City as consaquence 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 f,om 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 ,esponsibilities 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, of obligations authorized
herein shall be enacted by written amendment Any amendment to this agreement must
be executed by both parties
12/88 Page 4 of 6
Article 14 Insurance
Prior to the City performing work on the Project, the City shall furnish to the
State a completed Certificate of Insurance (Form 20 102 3-82) and shall maintain
the insurance in full force and effect as long as the City is responsible for the
maintenance operations of the traffic signal controller
Article 15 Successors and Assigns
The State and the City shall not assign or otherwise transfer its rights or
obligations under this agreement except with the prior written consent of the other
party
Article IG 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 cost 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
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
12/88 Page 5 of 6
IN WITNESS WHEREOF, The State and the City have signed duplicate counterparts of
the Agreement
CITY OF DENTON
By ~
gnatur
Ray Stephens, Mayor
Typed Name and Title
February 7, 1989
Date
THE bTATE 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
By
Traffic Operations Engineer
APPROVED AS TO FORM
CITY ATTORNEY,
CITY OF DENTON, TEXAS
BY (~A.,
0
-1-,R?
Date
12/88 Page 6 of 6
STATE OF TEXAS
COUNTY OF Denton
I, Jennifer Walters , the duly appointed,
qualified and acting city secretary of the City of Denton
Texas, hereby certify that the foregoing pages constitute a true and correct
copy
of
an ordinance/r&&&I kA*o
duly passed
by the
City Council at
a meeting
held
on
February 7 , A D
, 19 89 , at
7
o'clock
P M
To certify which, witness my hand and seal of the City of
Denton
Texas, this 7th day of February 0 19 89 , at
Denton , Texas
(19'sn Mi ~ V14~
ecre , ry o the City o
Denton , Texas
CITY ATTORNEY'S CERTIFICATE
THE STATE OF TEXAS I
COUNTY OF DENTON
I, Joe D Morris, Assistant City Attorney for the City
of Denton, Texas, do hereby certify that the City Charter of
the City of Denton authorizes the City Council to approve the
execution of contracts by means of an ordinance, and that the
attached contract between the City of Denton and the State of
Texas, dated February 7 1989, approved by ordin-
ance passed February 7 , 1989 and executed by Ray
Stephens, Mayor 1s valid and binding on said City in so far
as its approval and execution 1s concerned
D MORRIS
SISTANT CITY ATTORNEY
TY OF DENTON, TEXAS
EXHIBIT A
COST ESTIMATE FOR CITY OF DENTON
FURNISHED MATERIAL AND EQUIPMENT
LOOP 288 AT MORSE
I MATERIAL COST
1
Each -
Transyt 1880E 80 Controller and Cabinet with
Card Rack for Canoga
$6,150.00
1
Each -
one Power Supply 8124
187 00
3
Each -
Canoga P424T 4 channel Card Rack Detectors
1,197.00
4
Each -
Load Switches
180 00
Assorted Bolts, Splices, Lugs, Connectors, Tie Wrap 100 00
$7,814.00
II. EQUIPMENT COST
Truck - 3 Hours at $50 $ 150 00
Pickup - 3 Hours at $25 75.00
$ 225 00
III LABOR COST
Traffic Engineer - 2 Hours at $25.92 $ 51 84
Supervisor - 2 Hours at $22 36 44 72
Traffic Tech - 4 Hours at $18.00 72 00
Traffic Tech - 4 Hours at $12.82 51 28
$_L19 84
Total Estimate $8,258 84
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