HomeMy WebLinkAboutContract 26933 CITY SECRETARY
CONTRACT NO.
Agreement No. IXXM5009
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
North Tarrant Parkway with Riverside Dr. and Park Vista Blvd. ,
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 intersections of North Tarrant Parkway with Riverside Dr. and
Park Vista Blvd.
(CSJ: 0902-48-194, etc, 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
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WHEREAS, it is in the best interest of the City and the State for the City to assist the
State by furnishing traffic signal equipment on the Project; and
WHEREAS, on the 286 day of October 1992 , the Texas
Transportation Commission passed Minute Order Number 101588 , 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.
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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 $ 10,982.56 . 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.
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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 76115
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.
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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.
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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.
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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.
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ARTICLE 16. GOVERNING LAWS AND VENUE
This agreement shall be construed under and in accordance with the laws of the State of Texas.
Any Iegal 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.
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IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of
the agreement.
The City of A Art Worth THE STATE OF TEXAS
By: Executed for the Executive Director
(Signature) and approved for the Texas
Mike Groomer Transportation Commission under
Assistant City Manager the Authority of Minute Order 100002
(Typed Name and Title) and Stand Alone 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.
ATT T: APPROVED:
By: \
C.y Secretary District Engineer
(Date) Fort Worth District
Contract Authorization
Date: 7— ?p br
(Date)
Approved as to Form and Legality:
9' 44�Z----
Ga teinberger
Assistant
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Exhibit "A"
F0F,TW0F,TH
March 28, 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
NORTH TARRANT PARKWAY & RIVERSIDE DRIVE
NORTH TARRANT PARKWAY & PARK VISTA BOULEVARD
STP (100) MM
CSJ: 0902-48-194
Dear Mike:
In response to a request by your office, we are providing a cost amount for the 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 at the two
referenced intersections for a cost as stated below.
EQUIPMENT COST
Type 170 Cabinet (332 cabinet) $3,860.00
Controller $ 921.28
Conflict Monitor $ 410.00
Make Ready $ 300.00
$ 5,491.28
Total cost for 2 locations - $10,982.56
141-
If you have any questions, please contact Mark Mathis at 817-871-8775 myself at
844 -On1 A f177 A
O
Sincerely, .ATOhT V^,.'0i>Tri M".1AD•T�I.;r,.
"
C:'Y1,,1 TRP.1`CAFE
`1'6-NALSIG SHOP_.._.
Camillia Ryan ---
Administrative Technician 'j-- COUA PAIR
t
,AF MGT- SIGN SHOP
CBR -:�LAF OPc RR
cc: Joe Ternus, P.E., City of Fort Worth I ,0IDENT MGR
Randy Burkett, P.E., City of Fort Worth (,JMMENTS:�� F
Mark Mathis, P.E., City of Fort Worth
Rohit Parikh, P.E., TxDOT
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
TRAFFIC ENGINEERING DIVISION
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102
(817) 871-8770 * FAX (817) 871-8941
C.*Printed on recycled paper
Texas Department of Transportation
P.O. BOX 6868•FORT WORTH, TEXAS 76115-0868•(817) 370-6500
July 23, 2001
CONTACT:Traffic Engineering
Traffic Signals - Agreement for the Furnishing of Traffic Signal Equipment by a Municipality
Mr. Charles R. Burkett, P.E., City Traffic Engineer
Transportation and Public Works Department
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Dear Mr. Burkett:
We are returning one fully executed original copy of an agreement for the intersections of North
Tarrant Parkway with Riverside Drive and Park Vista Blvd. in the City of Fort Worth.
This agreement provides for the State to reimburse the City for the controllers at each of these
locations. After all equipment to be furnished by the City has been installed and placed in an
acceptable working condition, the City will need to send a billing statement to the State for the
work performed in accordance with the agreement. The State will make payment within thirty
(30) days from receipt of the City's request for payment.
If you should have any questions concerning this matter, please contact this office at
(817) 370-6705.
Sincerely,
Michael N. Carter
Engineering Specialist III
Fort Worth District
MNC
Attachment
An Equal Opportunity Employer
City of Fort Worth, Texas
qV111jor And Council communicalflon
DATE REFERENCE NUMBER LOG NAME PAGE
6/12/01 **C-18618 1 20FURNISH 1 of 2
SUBJECT APPROPRIATION ORDINANCE AND AGREEMENT WITH THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR THE FURNISHING OF TRAFFIC SIGNAL EQUIPMENT
BY A MUNICIPALITY AT NORTH TARRANT PARKWAY/RIVERSIDE DRIVE AND
NORTH TARRANT PARKWAY/PARK VISTA BOULEVARD
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Street Improvements Fund in the amount of $10,982.56 from the Texas Department of
Transportation (TxDOT) for the purpose of furnishing equipment for traffic signals; and
2. Authorize the City Manager to execute an agreement with TxDOT for the furnishing of traffic signal
equipment by the City at the following locations: North Tarrant Parkway/Riverside Drive and North
Tarrant Parkway/Park Vista Boulevard.
DISCUSSION:
In September 2001, TxDOT anticipates awarding a construction contract to extend and widen North
Tarrant Parkway into a four-lane divided roadway from IH35 to US377. Traffic signals will be installed
at the two referenced locations, which are included in the roadway project.
This agreement permits the City to furnish the following signal equipment and be reimbursed for the
amounts shown:
Equipment Cost
Controller cabinet (332 cabinet) $ 3,860.00
Type 170 controller $ 921.28
Conflict monitor $ 410.00
Equipment make ready for installation $ 300.00
Subtotal: $ 5,491.28
Total for both locations: $10,982.56
These intersections are located in COUNCIL DISTRICT 4, Mapsco 35G and 36G.
The Transportation and Public Works Department will be responsible for the collection of these funds
from TxDOT.
City of Fort Worth, Texas
"011jor And Council communicalflon
DATE REFERENCE NUMBER LOG NAME PAGE
6/12/01 **C-18618 I 20FURNISH 2 of 2
SUBJECT APPROPRIATION ORDINANCE AND AGREEMENT WITH THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR THE FURNISHING OF TRAFFIC SIGNAL EQUIPMENT
BY A MUNICIPALITY AT NORTH TARRANT PARKWAY/RIVERSIDE DRIVE AND
NORTH TARRANT PARKWAY/PARK VISTA BOULEVARD
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated,
of the Street Improvements Fund.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
1)C115 488100 020115031702 $10,982.56 APPROVED
Mike Groomer 6140 1)C1 15 541200 020115031702 $10,982.56 CITY COUNCIL
Originating Department Head:
JUN 12 2001
Hugo Malanga 7801 (from) Y.
2)C115 541200 020115031702 $10,982.56 A
Additional Information Contact:
CitpSocr�tsry of the
City of Fort 11Jorth,Tex r,
Camillia Ryan 8774
Adopted Ordinance No, � �