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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 tpcl aIVH .t13.1b5 Ol p 6961 83