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HomeMy WebLinkAboutContract 26634 CITY RACTE TARY CONTRACT . Agreement No. 1XXM5006 STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR THE FURNISHING OF TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY 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 Tarrant County, Texas, hereinafter called the"City," acting by and through its duly authorized officers as evidence by Resolution/Ordinance No. 11516 , hereinafter acknowledged by reference. WITNESSETH WHEREAS, the State owns and maintains a system of highways and roadways, including US 287 and Riverside Dr. , in the City of Fort Worth ; and WHEREAS, the City has requested the State to reimburse the cost of furnishing traffic signal equipment at the intersection of US 287 and Riverside Dr. (CSJ: 0172-06-065) , 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 FTSEM:STATE 1 1-97 Page 1 of 9 ���9C9Q����C��� Lc CMAW C�u.�IQ o State by furnishing traffic signal equipment on the Project; and WHEREAS, on the 24`h day of September 1998 , the Texas Transportation Commission passed Minute Order Number 107615 , approving the Project; and WHEREAS, the State is authorized to enter into an agreement with the City for the Project pursuant to Section 220, Texas Transportation Code; 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, 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 modified as hereinafter provided. ARTICLE 2. CONSTRUCTION RESPONSIBILITIES A. For all items of construction other than furnishing the traffic signal 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 required by said 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 Elf��'10 B. The furnishing 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 3. COMPENSATION A. The maximum amount under this agreement without modification is $ 5,491.28 . A cost estimate of the traffic signal equipment furnished 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 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 reimbursed. Reimbursement will be made by the State to the City for applicable 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. FTSEM:STATE 1 1-97 Page 3 of 9 ,M B. An original and four (4) copies of the Billing Statement should be submitted to the following address: Texas Department of Transportation P.O. Box 6868 Fort Worth, Texas 7611 5 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. 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 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 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. B. 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:STATE 1 1-97 Page 4 of 9 C' 8 I;, j1(1C�I�� 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. B. 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. TERMINATION This agreement may be terminated by one of the following conditions: (1) By mutual agreement and consent of both parties. (2) By the State giving written notice to the City as consequence of failure by the City to satisfactorily perform the services and obligations set forth in this agreement, 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. FTSEM:STATEI 1-97 Page 5 of 9 0 ARTICLE 8. INDEMNIFICATION The City acknowledges that it is not an agent, servant, or employee of the State and thus, 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. SUBLETTING The City shall not sublet or transfer any portion of its 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 frame, character, responsibilities, or obligations authorized herein shall be enacted by written amendment. Any amendment to this agreement must be executed by both parties. FTSEM:STATEI - rI2 �,1� 1-97 Page 6 of 9 3 I�jISCOO PO � FEE. ARTICLE 13. SUCCESSORS AND ASSIGNS The City shall not assign or otherwise transfer its rights or obligations under this agreement 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 books and records of the City for the purpose of checking the amount of the work performed and/or materials furnished 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 make such materials available to the State or its duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from 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 making audits, examinations, excerpts and transcriptions. ARTICLE 15. 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. FTSEM:STATE 1 1-97 Page 7 of 9 _. Qj(� ��GflG,� ��� G © ARTICLE 16. 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 17. 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. FTSEM:STATE 1 1-97 Page 8 of 9 RX IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the agreement. The City of: Fortfibrth THE STATE OF TEXAS By:_ Executed for the Executive Director -(Signaturir and approved for the Texas Mike Groomer Transportation Commission under Assistant City nager the Authority of Minute Order 100002 (Typed Name and Title) and Stand Alone Manual Notice 96-6, for the purpose and effect of activating — C� and/or carrying out the orders, established (Date) policies or work programs by the Texas Transportation Commission. ATT T: APPROVED: CZvJ—e�)'t� By: City Secretary District Engineer (Date) Fort Worth District Contract Authorization Date: (Date) Approved as to Form and Legality: oow---�t' Ga einberger Assistant City Attorney FTSEM:STATEI 1-97 Page 9 of 9 17. J 0)[11"Y Up Exhibit "A" FoPTWOFTH -a- January 17, 2001 Mr. Mike Carter Engineering Specialist III Texas Department of Transportation P.O. Box 6868 Fort Worth, TX 76115-0868 RE: AGREEMENT FOR THE FURNISHING OF TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY — US-287 & RIVERSIDE DRIVE CSJ: 0172-06-065 Dear Mike: In response to a recent request by your office, we are providing you with a cost for signal hardware related to our Agreement for the Furnishing of Traffic Signal Equipment by a Municipality. The City will furnish a Type 170 cabinet and control equipment set up for the referenced intersection for the amount as stated below. EQUIPMENT COST Type 170 332 cabinet $3,860.00 Controller $ 921.28 Conflict Monitor $ 410.00 Make Ready $ 300.00 $5,491.28 If you have any questions, please contact me at 817-871-8774. SAN 2 2 zoal Sincerely, ,- FORT ' ^sTH TR,',f'�"C DTO ADTG ADMIN - - TRr.r SAFE Camillia RyanIGNALSSIG SHOP Administrative Tech. �I TSS.._..______TRAF MGT__ COUR P.4TR__.. CBR ShIOP _ TRAF OPF_ _ '!GN RR cc: Randy Burkett, P.E., City of Fort Worth INCIDENT MGR_ _ Mark Mathis, P.E. City of Fort Worth CO Rohit Parikh, P.E., TxDOT II, kk I!w o TRANSPORTATION AND P Lit WORKS DEPARTMENT TRAFFIC ENGINEEftiN�—D VIS?C7I ' THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102 (817) 871-8770 * FAX (817) 871-8941 Lj Printed on recycled paper