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HomeMy WebLinkAboutContract 26750 NY „,.. "ITY SECRETAR" r' CON'TR'ACT Agreement No. I XXM5 008 STATE OF' TEXAS COUNTY OF TRAVIS AGREEMENT FOR T FURNISHING G TRAFFIC SIGNAL EQUIPMENT BY A MUNICIEPALI-TY THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the `State,''' and the City of Fort Worth I Tarrant County, Texas, hereinafter called the"City," acting by and through its duly authorized officers as evidence by Resolution/Ordinance 51 6 , hereinafter acknowledged by reference. W I T N E S S WHEREAS, the State owns and maintains a system of highways and roadways, including Fm 157 with Piveline, T rinitv and Calloway,,Cemet� _ , in the City of Fort Worth and WHE,REAS, the City has requested the State to reimburse the cost of r .s .ng traffic signal equipment at the intersection of F'm 157 with Pi eline Tn*n t and Callow1y Cemetery- -., WSJ: 0747-03-073) 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 he provided t hat is compatible with standard signal operation and/or, dating City" equipment, and WHEREAS, it is in the hest 'interest of the City and the State for the City to ssi st the FTSE .STA 1 1-97 `age I of 9 Fro VAIOX�611, o State by fu 'rm shing traffic signal equipment on the Project;, and WHEREAS, on the 28 day of -September 2000 the Texas Transportation Commission passed Minute Order Number 108310 approving the Project; and WHEREAS. the State is authon*zed to enter into an agreement with the City for the Project pursuant to Section 220, Texas Transportation Code; AGREEMENT NOW, THEREFORE I in consiaerati.or 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 I 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 equipment is in operation at the described location and the signal project is incomplete, or unless otherwise terminated or modiffled as hereinafter provided. ARTICLE 2. CONSTRUCTION RESPONSIBILITIES A, For all 'items of construction other than furni*shing the traffic signal equipment, the State will prepare the construction plans, advertise for bids, and let the construction, contract, or othe rwise provide for the construction and will supervise the construction as required by said .4.9 plans,. The State will secure the City's approval of construction,plans prior to award of contract. FTSEM-.STATEI 1-97 Page 2 of 9 B, The fu 'shin of the traffic signal equipment 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 30 COMPENSATION A. The maximum amount under this agreement without modification is $ , 16'3473.814 A cost estimate of the traffic signal equipment f-urnished by the City under this agreement is marked "Exhibit A," attached hereto: and made a part of this agreement. B, The State will reimburse the City the cost of furnishing the traffic signal equipment according to the location and manner of construction as shown and described in the plans and see l'fications. p 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 applicable labor, equipment use, materials, supplies, travel expenses, and warehouse or material handfing charges provided the City has paid from City funds their obligations covering items of costs previously billed. ARTICLE 4., PAYMENTS A, The City shall sublrm*t 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 FTSEM-STATE1 1-97 Page 3 of 9 B4, An original and four (4) copies of the Billing Statement should be submitted to the following address. Texas Department of Transportation P.O. Box 68:68 Fort Worth, Texas 76115 r C. AJI billing statements, shall be properly documented, summanzing the costs by descri ption of work performed, quantity olf materials and devices,: unit price,, labor costs, and extensions. D. The State shall make payment to the City within thirty (30) days from receipt pt of the City's request for payment, provided that the request is properly prepared, executed, and documented. 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, EQUPMENT,AND MATERIAL, A. The City will use applicable labor and supervisory personnel employed directly by the City, and use City-owned machinery, equipment, and vehicles necessary for the work. In the event that the City doles,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. Be Reimbursement for 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 prior approval for the use of said materials. All-materials used for the work shall be new and undepreciated. FTSEM:STATE1 1-97 Page 4 of 9 IARTICLE INSPECTION F WORK The State shall make suitable, frequent, and complete inspection of all materials an equipment, and t rk of instal lotion temiine and permit certification at 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. The City will provide opportunities, facilities, and representative samples, as may be required, to enable the State to carry on suitable, e Uent) and complete inspection all materials and application methods, sufficient to afford determination and 'certification by the State that all pars of the nstallation and the component materials comply with the requirements o" the approved plans and specifi,cations. The State will promptly notify the City o a y failure of aerials, equipment or installation methods, and the City will take such ensures, as necessary to obtain acceptable systems components and installation procedures,without delay.. ARTICLE 7. TERMINATI This t � �ter r *nate on o t following naitions: � By mutual, a greement and consent of both parties. (2,) By the State giving written notice to the City as consequence of failure by the City" to satisfy t wri y perform the services, and obligations set forth in this agreement, with proper allowances being made for circumstances yon the control of the City. (3) By either party, upon thirty (30!) days written notice to the other. FTSEM-STATE1 1-97 Page 5 ARTICLE 8. INDEMNILFICATION The City acknowledges that it is not an agent,, servant, or employee of the State and thus I is; responsible for its own acts and deeds and for those of its agents or employees during the performance of the work defined 'in -this agreement. ARTICLE 9. 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 10. 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 11. SUBLETTtNG The City shall not sublet or transfer any portion ofits responsibilities 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 12, AMENDMENTS Changes in the time fame, character, responsibilities, or obligations authorized herein shall be enacted by written amendment. Any amendment to this agreement must be executed by both parties, FTSEM.-ST ATEI 1-97 Page 6 of 9 w. ARTICLE 13, SUCCESSORS AND ASSIGNS The City shall not assign or otherwise transfer its rights or obligations under this agreement ant except with the prior written consent of the State. ARTICLE 14, INSPECTION OF CITY'S BOOKS AND RECORDS The State shall, for purpose of termination of the agreement prior to completion, examine the hooks and records of the City for the purpose of checking the amount of the warp performed and/or,materials famished by the City at the time of contract termination. The City shall maintain all books, documents, papers, accounting records and other documentation pertaining to cost incurred under this contract and shall male such materials available to the State or its duly authorized representatives for review and inspection at its o�ffice during the contract period and for three 3 years fr rn the date of final payment under this contract or until impending litigation is resolved. Additionally, the State and its duly authorized representatives shall have access to all records of"the City which are directly applicable to this contract for the purpose of makin.g audits, exarninations, excerpts and transcriptions. ARTICLE 15. LEGAL CONSTRUCTION In case any one or more of the provisions contained.in th s agreement shall all for any reason he held to he invalid, illegal, or unenforceable in any respect, such invalidity, il'e ality,or unenf irceahlility shall not affect any other provision thereof and this agreement shall he construed as if such invalid, illegal, or unenforceable provision had never been contained herein. FTSE :STATE 1. 1-97 Page 7 of 9 ARTICLE 16., GOVERNING LAW'S AND VENUE This agreement shall be construed under, and in accordance with the laws ofthe State of Texas. Any legal actions,regarding the parties obligations under this agreement mustbe filea in Travis County, Texas. ARTICLE 17. PRIOR AGREEMENTS SUP*RSEDED This agreement constitutes the sole and only agreement of the parti,es hereto and supersedes any I -�n prior understandings or written or oral agreements between the parties respecting the wit subject matter. FTSEM:STATE1 1-917 Page 8 of 9 IN WITNESS V4UREOF', the State and the City have signed duplicate counterparts of the agreement. The C* of Fo 'orth THE STATE OF TEXAS, Executed for the Executive Director V(Signature) and approved for the Texas Mike Groomer Transportation Commission under Assistant City Man err the Authority of Minute Order 10,0002 (Typed Name and Title) and Stand one Manual Notice 96-6, for the purpose and effect of activating and/or carrying out the orders, established (Date) policies or work programs by the Texas Transportation Commission. ATTEST.- APPROVED.- By CV, ity $6ret'ary' District Engineer (Date) Fort Worth District Contract Authonization Date- low, (Date) Approved as to Form, and legality- Assistan City Attorney FT'S EMS TAT EJ 1-97' Page 9 of 9 Exhibit "'A"' Fi 0 H A'A Now February 1, 2011 "am Von— DiST 02 FT WoFiTH Mr. Mike Carter TXD07-MAiLROOM Engineering Specialist III FE13 Texas Department of Transportation 20ol P.O. Box 6868 Fart Worth, TX 76115-0868 RE AGREEMENT FOR THE FURNISHING OF TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY FM 157 & PIPELINE RD. FM 157 & TRINITY BLVD FM 157 & CALLOWAY CEIIETE Y RCS. SJ 0747- 3-073 I O 1. NCO. NH 2001 ) Dear Mi . In response to a request by your office, we are providing a {cost amount for the signal hardware related to oar Agreement for the Furnishing of Traffic Signal Equipment by a Municipality. The City will furnish a "'Type 170" cabinet and controls equipment at the three referenced intersections for a cost as stated below. EQUIPMENT COST Type 17' Cabinet (332 cabinet) $3,860.00 Controller 921.2 Conflict Monitor $ 10.00 Make Ready $ 300.00 s 5,4911..28 Total cost for 3 locations, - $16,:473.84 w If you have any questions, please contact me at 817-871-8774 or Irk his at 1771- 775. FO OPM NS Sincerely, ADTO Ca mil a VWSIXE IN: 810 SNP r�nu Administrative Technician � � �" TRAF MGT SIGN SHOP CR TRAF WS RR C Randy Burkett, P.E.., Cite of For, Worth INCIDENT DE IGR Mark Mathis '. , c Fort Worth CO �- Rohit Parik,h, P.E. FxDOT TRANSPORTATION AND PUBLIC WORKS DEPARTMENT TRAFF]c ENGINEERINGD,ivisiON THE CITY_e 1 871-87 * FAX (8 17) 71-8941 ej Tinted on recycled paper er i ty of Fort Worth, Texas V it or anif ouncl*1 0 unl*,Cation DATE REFERENCE NUMBER LOG NAME PAGE 3/27/01 **C-1 8512 1 20SIGNAL , 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AGREEMENT WITH THE, TEXAS DEPARTMENT � 01F TRANSPORTATION FOR THE FURNISHING OF TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY AT THE FOLLOWING LOCATIONS.- FM157/PIPELINE ROADI L:FMI�4157/`TRINITY BOULEVARD AND FM15'7/CALL,OWAY CEMETERY ROAD RECOMMENDATION: It is recommended that the City Council.* 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Street Improvements, and in the amlount of $16,473.184 from the Texas .Department of' Transportation (T )for the purplose of furnishing equipment for traffic signals-1 and 2. Authorize the City Manager to execute an agreement, with T for the furnishing of traffic signal equipment by a municipality at the following intersections: FIV1157/Pipliel'ine Road,: FM157[Tr1nity Boulevard and FM1157/Ca11 oway Cemetery Road for an amount of $16,1473.84. DISCUSSION: Tx DOT anticipates a letti for construction this month to widen FM157 from two, lanes to six lanes. Traffic signals will be installed at the three locations which are included in the roadway prol"'ect. The City has no involvement, with the construction phase of this project. Once the signals are installed and have been 'in operation, for, one month, the locations will be added to the State Maintenance Agreement whereby the City wil! take over maintenance. Under the terms of this agrelem erg t, the City will furnish and be reimbursed by 'TxDOT for, the following equipment and amounts shown: Egument 'Cost Controller, can b'net (3132 cabinet) $ 311860.00 Type 170 controiller $ 921.28 Conflict monitor 0.00 Equipment make ready for installati 300-00 Subtotal: $ 51491.28 Total for 3 *Intersections: $11 6�9,473.84 These int rsecti,ons, are located in COUNCIL DISTRICT 5, Mapsco, 55T and 55,X. the Transportation and Public Works Department will be responsible for the collection of these funds from Tx DOT. l' City of Port r Texas 1� moo "pillow noil lZiou" I 4:,onil"U"Ictlao" DATE 3/27/ "Cowl 85112 2 S G 2 2L SU J CT APPROPRIATION ORDINANCE AND AGREE, 'ENT W'IT'HI THE TEXAS DEPARTMENT ' OF TRANSPORTATION FOR THE, FURNISHING T FFIC SIGNAL EQUIPMENT BY A MUNICIPALITY LI` Y AT THE FOLLOWING LOCATIONS FM 57/PI ELIN ROAD, FM1 57/TRINITY BOULEVARD AND FM1 57/CALLOWAY CEMETERY ROAD FISCAL 11 AT I I' ITT I F I CAT I N,: The Finance Director certifies tat upon adoption of the ttached appropriation ordinance and completion of the above recommendations, fund's will be available in the current capital budget, as appropriated, of the Street Improvements Fund. IGl Submitted for City Manager's FUND, ACCOUNT CENTER I AMOUNT CITY SECRETARY Office by: o 1)0115 488100 020,1 50317 1 $16,473.84 APPRO14ED Mike Groomer 6140 1 0115 541 200 02011 5031 x"01 $1 61473.84 iT 1L I. . Head:tr�ginatli n Department 1A 27 2001 Hugo,Malianga 7801 (from) w. 2 x`115 541200 020115031,701 01 61473.8 Additional n ormatlon Contact �,�'�,e JA"61,j City SeW7 Of 'a e�a'o Hugo Malanga 780 1 city Adooted, Ordinance N .