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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 FITSEM STATE2 8-00 DALLAS 1 of 8 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 FITSEM:STATE2 8-00 DALLAS 2 of 8 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 FITSEM STATE2 8-00 DALLAS 3 of 8 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 FITSEM STATE2 8-00 DALLAS 4 of 8 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 FITSEM STATE2 8-00 DALLAS 5 of 8 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) FITSEM STATE2 8-00 DALLAS 6 of 8 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 FITSEM,STATE2 8-00 DALLAS 7 of 8 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 FITSEM STATE2 8-00 DALLAS 8 of 8 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