2001-143 ORDrNANCE NO
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS, ACTING THROUGH
THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR INSTALLATION
AND FUNDING OF CERTAIN TRAFFIC CONTROL DEVICES AT SPECIFIED
INTERSECTIONS WITHIN THE CITY OF DENTON, AUTHORIZING THE EXPENDITURE
OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The Mayor, or m her absence the Mayor ProTem, is hereby authorized to
execute an Agreement between the City of Denton and the State of Texas, acting through the Texas
Department of Transportation to promde for the installation and funding of certmn traffic control
devices at specified intersections wltlun the City of Denton, in substantially the form of the copy of
the agreement wluch is attached hereto and incorporated by reference herein
SECTION 2 The City Manager, or his designee, is authorized to make the expenditures
as set forth in the attached agreement
SECTION 3 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the~.,~ day of ~ ,
2001
EULINE BROCK, MAYOR
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBc~~~TTORNEY
BY '" ' //
Contract No
CSJ 0195-02-040
STATE OF TEXAS §
COUNTY OF TRAVIS §
AGREEMENT FOR THE FURNISHING AND INSTALLING OF
TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY
THIS AGREEMENT, ~s made by and between the State of Texas, acting through the
Texas Department of Transportation, hereinafter called the "State," and the City of
Dentor~ , Denton County, Texas,
hereinafter called the "City," acting by and through its duly authorized officers as evidenced by
R¢~c, lut~Orchnance No 2001-143 , hereinafter acknowledged by reference
WITNESSETH
WHEREAS, the State owns and mmntmns a system of highways and roadways, lncluchng
uS 77
in the City of Denton , and
WHEREAS, the City has requested the State to reimburse the cost of furmshlng and
lnstalhng traffic signal equipment at the intersection(s) of US 77 at Windsor Dr, FM 2164 at
Connector A, ~!m St at Connector A, Elm St at Sherman Dr, Locust St at Sherman Dr and US
77 at IH 35E
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/or existing City equipment, and
WHEREAS, it is in the best interest of the City and the State for the City to assist the
State by furnishing and installing traffic signal equipment on the Project, and
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WHEREAS, on this 20th day of January_ , 2000 , the
Texas Transportation Commission passed Minute Order No 108310 ,
approwng the Project, and
WHEREAS, the State is authorized to enter into an agreement with the C~ty for the
ProJect pursuant to Article 6673-b, V T C S,
AGREEMENT
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, ~t ~s agreed as follows
ARTICLE 1. CONTRACT PERIOD
This agreement becomes effective on final execution by the State and shall remmn in effect as
long as smd traffic signal equipment is in operation at the described location and the signal
project is incomplete, or unless otherwise terminated or modified as hereinafter provided
ARTICLE 2. CONSTRUCTION RESPONSIBILITIES
A For all items of construction other than furnishing and lnstalhng specific traffic s~gnal
equipment, 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 reqmred by smd plans The State w~ll secure the City's approval of construction
plans prior to award of contract
B The furnishing and installing of specific traffic s~gnal eqmpment w~ll be part of the
construction to be undertaken by the City, and the State w~ll reimburse the City for ~ts
contribution to the ProJect, as prescribed under Article 3, "Compensation"
ARTICLE 3. COMPENSATION
A The maximum amount under this agreement without modification is
$ 69,611 38 A cost estimate of the work authorized under this agreement is marked
"Exhibit A," attached hereto and made a part of th~s agreement
B. The State will reimburse the City the cost of furnishing and lnstalhng the traffic signal
eqmpment accordsng to the location and manner of construction as shown and described ~n the
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plans and speclflcauons
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, eqtupment use, materials, supplies, travel expenses, and warehouse or material handling
charges provided the C~ty has paid from City funds their obhgatlons covenng items of costs
previously billed
ARTICLE 4. PAYMENTS
A The City shall subrmt the State's Form 132, Bdllng 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 one (1) copy of the Billing Statement should be submitted to the
following address Texas Department of Transportation
Attn Dxrector of Transportation Operations
PO Box 133067, Dallas, TX 75313-3067
C. All billing statements shall be properly documented, summarizing the costs by
description of work performed, quantity of matermls and devices, unit price, labor costs, and
extensions
D l~he State shall make payment to the City within thirty (30) days from recexpt of the City's
request for payment, providing that the request is properly prepared, executed, and documented
E. Unsupported charges or charges after final acceptance by the State will not be considered
ehg~ble 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 m the best interest of the State
ARTICLE 5. PERSONNEL, EQUIPMENT, AND MATERIAL
A. The City will use labor and supervisory personnel employed chrectly by the City, and usc
City-owned machinery, equipment, and vehxcles 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
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B Reimbursement for the use of materials purchased by other than competitive b~d
procedures wall be made only ff such procedures are shown to be ~n the public interest and
provided the State shall have g~ven prior approval for the use of sand materials All matermls
used for the work shall be new and undepreciated
ARTICLE 6. INSPECTION OF WORK
A The State shall make statable, frequent, and complete mspecuon of all materials and
equipment, and the work of installation to determine and permit certification that the Project and
its components meet all apphcable reqmrements of the plans and specifications m statable
condition for operation and manntenance by the C~ty after ~ts completion
B. The C~ty w~ll provide opportumt~es, facilities, and representative samples, as may be
reqmmd, to enable the State to carry on statable, frequent, and complete Inspection of all
materials, and apphcat~on methods, sufficient to afford deterrmnatlon and certification by the
State that all parts of the ~nstallat~on and the component materials comply w~th the reqmrements
of the approved plans and specifications The State will promptly notify the C~ty of any failure of
materials, eqmpment, or installation methods, and the C~ty will take such measures as necessary
to obtann acceptable systems components and ~nstallatmn procedures without delay
ARTICLE 7 TERMINATION
A Th~s agreement may be terminated by one of the following condmons
(1) By mutual agreement and consent of both part~es
(2) By the State g~v~ng written not~ce to the C~ty as a consequence of fmlure by the
C~ty to perform the services and obhgat~ons set forth ~n a sansfactory manner and
w~th~n the hn'nts provided, w~th proper allowances being made for c~rcumstances
beyond the control of the C~ty
(3) By e~ther party, upon thirty (30) days written not~ce to the other
If the agreement ~s terminated in accordance w~th the above provisions, the City w~ll be
responsible for the payment of Project costs incurred by the State on behalf of the C~ty up to the
time of termination
(4) Upon completion of the terms of th~s agreement
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B If, at any t~me, the C~ty fmls to assume the construction respons~b~ht~es as prescribed
here~n or the mmntenance and operation respons~b~ht~es for the C~ty's port~on of the traffic s~gnal
eqmpment ~n a satisfactory manner as determined by the State, the State reserves the right to
assume the construction respons~b~llUes and/or to arrange for the mmntenance and operanon
respons~bd~t~es at the expense of the C~ty
C. The termination of th~s agreement shall ext~ngmsh all rights, duties, obhgat~ons and
hab~lmes of the State and C~ty under th~s agreement If the potential termination of this
agreement ~s due to the fmlure of the C~ty to fulfill ~ts contractual obhgat~ons as set forth here~n,
the State w~ll notify the C~ty that possible broach of contract has occurred The C~ty should make
every effort to remedy the broach as outhned by the State wahm a period mutually agreed upon
by both part~es
ARTICLE 8 INDEMNIFICATION
The C~ty acknowledges that ~t ~s not an agent, servant or employee of the State and, thus, is
responsible for ~ts own acts and deeds and for those of ~ts agents or employees dunng the
performance of the work defined ~n th~s agreement
ARTICLE 9. REMEDIES
V~olat~on or breach of contract terms by the C~ty shall be grounds for terrmnat~on of the
agreement, and any increased cost arising from the C~ty's default, breach of contract, or vlolat~on
of terms shall be prod by the C~ty Th~s agreement shall not be considered as specifying the
exclusive remedy for any default, but all remedies ex~stmg at law and m eqmty may be avmled of
by e~ther party and shall be cumulative
ARTICLE 10 DISPUTES
The governmental part~es to th~s agreement wall make their best efforts to resolve any disputes
between themselves ~n an effective and efflc~ent manner and in the pubhc ~nterest
ARTICLE 11. SUBCONTRACTS
Any subcontract for serwces rendered by ~nd~wduals or orgamzat~ons not a part of the C~ty's
orgamzat~on shall not be executed without prior authorization and approval of the subcontract by
the State
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Subcontracts in excess of $25,000 shall contmn all required provisions of this contract
No subcontract will relieve the C~ty of its respons~blhty under this contract
ARTICLE 12 AMENDMENTS
Changes in the time frame, character, responsibilities, or obligations authorized here~n shall be
enacted by written amendment Any amendment to th~s agreement must be executed by both
parhes
ARTICLE 13 INSURANCE (Mark out the following paragraph that ~s not apphcable)
...................................... , ,, r I ti St '
B Self Insured
Prior to the City perfornmng any work on th~s Project, the C~ty shall furmsh to the State a
complete Certificate of Insurance (Form 20 102, latest version) and shall malntmn ~ts self-
~nsurance program in full force and effect as long as this Project lasts and the C~ty Is responsible
for the furnishing, installing, maintenance, and operation of the traffic s~gnal eqmpment The
State understands that the City is a selfqnsured enmy for public habdlty purposes
ARTICLE 14. SUCCESSORS AND ASSIGNS
The C~ty shall not assign or otherwise transfer ~ts rights or obhgatlons under this agreement
except with the prior written consent of the State
ARTICLE 15. INSPECTION OF CITY'S BOOKS AND RECORDS
The C~ty shall mmntmn all books, documents, papers, accounting records and other
documentation relating to costs ~ncurred under th~s agreement and shall make such materials
avadable to the State, the Local Government, and, if federally funded, the Federal Highway
Adm~mstration (FHWA), and the U S Office of the Inspector General, or their duly authorized
representatives for review and inspection at its office during the contract period and for four (4)
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years from the date of completion of work defined under th~s contract or unnl any ~mpend~ng
lmgat~on, or cltums are resolved Additionally, the State, the Local Government, and the FHWA
and their duly authorized representatives shall have access to all the governmental records that
are directly apphcable to th~s agreement for the purpose of making audits, examinations,
excerpts, and transcriptions
ARTICLE 16 LEGAL CONSTRUCTION
In case any one or more of the prows~ons contmned ~n th~s agreement shall for any reason be held
to be ~nvahd, illegal, or unenfomeable ~n any respect, such ~nvahd~ty, dlegahty, or
unenforceabd~ty shall not affect any other provision thereof and th~s agreement shall be construed
as ~f such ~nvahd, dlegal, or unenforceable prowsmn had never been contained hereto
ARTICLE 17. GOVERNING LAWS AND VENUE
Thts agreement shall be construed under and ~n accordance w~th the laws of the State of Texas
Any legal actions regarchng the part~es' obhgat~ons under th~s agreement must be filed ~n Trav~s
County, Texas
ARTICLE 18 PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the part~es hereto and supersedes any
prior understanchngs or written or oral agreements between the parttes respecting the w~thm
subject matter
ARTICLE 19 SIGNATORY WARRANTY
The s~gnatones to th~s agreement warrant that each has the authority to enter into th~s agreement
on behalf of the party represented
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IN WITNESS WHEREOF, the State and the C~ty have s~gned duplicate counterparts of the
agreement
CITY OF: DENTON
(Signature)
Eul ine Brock
(Pnnted Name)
Mayor
(T~tle)
April 3, 2001
(Date)
THE STATE OF TEXAS
Executed by and approved for the Texas Transportation Commtss~on for the purpose and effect
of activating and/or carrying out the orders, estabhshed pohcms or work programs heretofore
approved and authorized by the Texas Transportation Commlsmon
D~stnct Eng~nber
Date
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EXHIBIT A
US 77 S gnal Eqmpment Rmmbursement
Materials for Reimbursement Amount Cost per umt Sub totals
NEMA P44 Local Cabinet Assembly 6 484~} 00 29088 00
PEEK 3000 Local controller 6 1982 00 11892 00
PEEK 12ELRA monitor 6 658 00 3948 00
PEEK'5771, Aux 232 Board 6 310 00 1860 00
EDI Oracle, 4 channel detector card 12 309 00 3708 00
Spread Spectrum Radio 6 2369 23 14215 38
Englneenng costs 1 3000 00 3000 00
Supervisory costs 1 1900 00 1900 00
Total Cost 69,611 38
The equipment above is set as a Denton standard for all new and remodeled signalized
lntersecnons The only material that ~s not on this hst is TXDOT approved LED lenses
so we need to make sure that they are included on the plans