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HomeMy WebLinkAboutContract 35568Contract No 0014-02-041 CITY SECRETARY �( CONTRACT NO. u 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," actin y and through its duly authorized officers as evidenced by Resolution/Ordinance No. /% hereinafter acknowledged by reference. WITNESSETH WHEREAS, the State owns and maintains a system of highways and roadways, including Interstate Highway (IH) 35W 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(s) of I 35W at FM 1187 Northbound and Southbound frontage roads 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 traffic signal equipment on the Project; and WHEREAS, on this 28th day of February, 2002, the Texas Transportation Commission passed Minute Order No. 108812, approving the Project; and WHEREAS, the Project has been designated as a federal -aid project and thus this agreement shall be made in accordance with Federal Highway Administration (FHWA) procedures and regulations; and WHEREAS, the State is authorized to enter into an agreement with the City for the Project pursuant to Transportation Code, §221.002; 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: TRF—TRF_TEA10 Page 1 of 6 Revised 9/21/05, ' �� FTSEM:FED1 ,L 71 I!��I o; Contract No 0014-02-041 AGREEMENT 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. B. The furnishing 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 $ 15.009.30a 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. D. The City shall comply with the cost principles established in OMB Circular A-87, "Cost Principles for State and Local Governments." 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. B. An original and four (4) copies of the Billing Statement should be submitted to the following address Texas Department of Transportation Post Office Box 6868 Fort Worth TX 76115-0868. C. D. All billing statements shall be properly documented, summarizing the costs and description of work performed, quantity of materials and devices, unit price, labor costs, and extensions. 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._ _ j1;`J , J TRF-TRF_TEA10 Page 2 of 6 FTSEM:FED1 Contract No 0014-02-041 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. 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 a 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. 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 TRF—TRF_TEA10 Page 3 of 6 FTSEM:FED1 Revised 9/21 /05 t 10 Contract No 0014-OM41 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. 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. NOTICES All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: City: City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 State: Texas Department of Transportation Post Office Box 6868 Fort Worth Texas 76115-0868 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. Article 15. INSPECTION OF CITY'S BOOKS AND RECORDS A. 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 relating to costs incurred under this contract and shall make such materials available to the State, Federal Highway Administration (FHWA) or its duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of final payment under this contract or until impending litigation is resolved. Additionally, the State, FHWA and its duly authorized TRF—TRF_TEA10 Page 4 of 6 Revised 9/21/05 FTSEM:FED1 Contract No 0014-02-041 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. B. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Article 16. 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. Article 17. 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 18. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. Article 19. OMB A-128 AUDIT REQUIRMENTS The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8, and 9 of OMB Circular No. A-128. Article 20. PROCUREMENT STANDARDS The City shall adhere to the procurement standards set forth in Title 49 CFR Part 18.32. Article 21. PROPERTY MANAGEMENT STANDARDS The City shall adhere to the property management standards set forth in Title 49 CFR Part 18.36. Article 22. COMPLIANCE WITH LAWS The City shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court, administration bodies, or tribunals in any matter affecting the performance of the agreement, including without limitation worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws, permits, and regulations. When required, the City shall furnish the State with satisfactory proof of compliance. TRF—TRF_TEA10 Page 5 of 6 Revised 9/21/05 FTSEM:FED1 Contract No 0014-02-041 Article 23. CIVIL RIGHTS COMPLIANCE The City shall comply with the regulations of the United States Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B)); also Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor regulation (41 CFR 60). Article 24. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City agrees to comply with the requirements set forth in Exhibit B, "Minority Business Enterprise Program Requirements." Article 25. DEBARMENT CERTIFICATIONS (Applicable to agreements which exceed $100,000) The City is prohibited from making any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The City shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and Suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the agreement. THE CITY OF FORT WORTH Executed on behalf of the City by: L , MaryHendrix City Secretary NO M&C REQUIR1D APPROVED AS TO FORM AND LEGALITY Assistant Gity Attorney Marc Ott Assistant City Manager APPROVAL RECOMMENDED Robert D. Goode, Director Transportation and Public Works THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. TRF—TRF_TEA10 Page 6 of 6 FTSEM:FED1 `7 Revised 9/21 /Q5.',;F11,� Contract No 0014-OM41 EXHIBIT A Traffic Signal Equipment Provided by the Local Government IH 35W Al FM 1187 DESCRIPTION UNIT QTY PRICE AMOUNT SIGNAL CONTROLLER EA 2 $ 1077,00 $ 2154,00 TYPE 170 332 CABINET EA 2 $ 5135.00 $ 10270.00 CONFLICT MONITOR EA 2 $ 492.00 $ 985.30 MAKE READY ONE TIME CHARGE EA 2 $ 300.00 $ 600.00 GPS CLOCKS EA 2 $ 500.00 1 $ 1000400 TOTAL $15,009 030 The Local Government must submit to the State invoices for the traffic signal equipment listed above. TRF - TEA9 FTSEM:STATE1 Page 1 of 1 Revised 6/27/03 ATTACHMENT 1 Excerpt from the City of Fart Worth Code, Part II, Chapter 2, Article I. Sec. 2-9. Contract execution; change orders. (a) Except as otherwise provided herein, all contracts, including claim and lawsuit settlement agreements, to which the city is a parry shall be approved by the city council prior to execution by the city manager. As used in this section, the term "city manager" shall also include "assistant city manager." (b) The city council hereby adopts and the city manager is authorized to implement; (1) Use of the eight (8) best value selection criteria for eligible transactions as authorized by state law, (2) Use of electronic bid and proposal processing, provided that appropriate rules for procedure and security have been adopted and implemented; (3) Use of the online reverse auction procedure where authorized and appropriate; (4) Use of Interlocal contracts with entities outside the State of Texas where authorized and advantageous to the city. (c) Any contract involving an expenditure of twenty-five thousand dollars ($25,000.00) or less of city funds may be executed by the city manager without city council approval, provided that sufficient funds have previously been appropriated by the city council. (d) Any contract or other legal instrument for the sale, purchase or lease of real property shall be approved by the city council prior to execution or acceptance of the city manager; provided, however, that leases of city property for a term not exceeding thirty (30) days and involving an amount not exceeding twenty-five thousand dollars ($25,000.00) may be executed by the city manager without city council approval. Provided further, that the city manager may approve the following without city council approval. (1) Any contract or other legal instrument for the lease, license or use of facilities at the Will Rogers Memorial Center; (2) Any contract or other legal instrument for the lease, license or use of facilities at the Fort Worth Convention Center; and (3) The vacation of a water, sanitary sewer, public or quasi -public utility or drainage easement. (4) Temporary and permanent water, sanitary sewer, public or quasi -public utility construction easements, right -of --way easements and avigation easements granted to the city and valued at less than five thousand dollars ($5,000.00). (5) Consent agreements for encroachments into public property which comply with Section 3210 of the Building Code of the city, provided further that the city manager may authorize the building official and development director to execute such agreements. (e) Any contract for which the best value selection criteria are not authorized, that is submitted to competitive bids and is proposed to be awarded to a bidder other than the lowest bidder shall be approved by the city council before execution by the city manager. (f) Where any individual change order pertaining to a public works contract involves an increase or decrease in cost of twenty-five thousand dollars ($25,000.00) or less, the change order may be approved and executed by the city manager upon the written recommendation of the director of the department responsible for such work and without the necessity of city council approval; provided, however, that sufficient funds have previously been appropriated for payment of such added cost. Page 1 of 2 ATTACHMENT 1 (g) Any contract for the purchase of electricity may be executed by the city manager without city council approval provided that (i) the term of any such contract does not exceed forty-eight (48) months and (ii) sufficient funds have previously been appropriated by the city council for that purpose. (Ord. No. 9915, § 11 7-2887; Ord. No. 10437, § 1, 1144=89; Ord. No. 11350, § 1, 7-6- 93; Ord. No.11396, § 1, 944"93; Ord. No. 11516, § 1, 3-22-94; Ord. No. 14806, § 1, 10- 9-01; Ord. No. 15542, § 1, 5-6-03; Ord. No. 16399, § 1, 4=26-05; Ord. No. 16483, § 1, 6- 28-05; Ord. No. 17071, § 1, 7-25-06) Cross references: Purchasing division, § 2-116(3)2 Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY ADOPTING NEW CONTRACTING AUTHORITY AVAILABLE UNDER STATE LAW; AUTHORIZING IMPLEMENTATION BY THE CITY MANAGER; REVISING THE COUNCIL APPROVAL AMOUNT TO $25,0000 PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,' TEXAS THAT. SECTION 1. Section 2-9 ("Contract execution; change orders") of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended, and after said amendment, shall read as follows. 0 Sec. Z-9. Contract execution; change orders. (a) Except as otherwise provided herein, all contracts, including claim and lawsuit settlement agreements, to which the city is a parry shall be approved by the city council prior to execution by the city manager. As used u1 this section, the term "city manager" shall also include "assistant city manager." (b) The city council hereby adopts and the city manager is authorized to implement: (1) Use of the eight best value selection criteria for eligible transactions as authorized by state law; (2) Use of electronic bid and proposal processing, provided that appropriate rules for procedure and security have been adopted and implemented; (3) Use of the online reverse auction procedure where authorized and appropriate; (4) Use of any the various methods of contracting authorized by subchapter "H" of chapter 271 of the Texas Local Government Code as appropriate; (5) Use of Interlocal contracts with entities outside the state of Texas where authorized and advantageous to the City. (c) Any contract involving an expenditure of twenty-five thousand dollars ($25,000.00) or less of city funds may be executed by the city manager without city council approval, provided that sufficient funds have previously been appropriated by the city council. (d) Any contract or other legal instrument for the sale, purchase or lease of real property shall be approved by the city council prior to execution or acceptance by the city manager; provided, however, that leases of city property for a term not exceeding thirty (30) days and involving an amount not exceeding twenty-five thousand dollars ($25,000.00) may be executed by the city manager without city council approval. Provided further, that any contract or other legal instrument for the lease, license or use of facilities at the Will Rogers Memorial Center or the Fort Worth Convention Center may be executed by the city manager without city council approval. (e) Any contract for which the best value selection criteria are not authorized, that is submitted to competitive bids and is proposed to be awarded to a bidder other than the lowest Adder shall be approved by the city council before execution by the city manager. (f) Where any individual change order pertaining to a public works contract involves an increase or decrease in cost of twenty-five thousand dollars ($25,000.00) or less, the change order may be approved and executed by the city manager upon the written recommendation of the director of the department responsible for such work and without the necessity of city council approval; provided, however, that sufficient funds have previously been appropriated for payment of such added cost. (g) Any contract for the purchase of electricity maybe executed by the City Manager wI thout City Council approval provided that (i) the term of any such contract does not exceed twenty-four (24) months and (ii) sufficient funds have previously been appropriated by the City Council for that purpose. SECTION 2. This Ordinance shall be cumulative of all ordinances of the City, except where the provisions of this Ordinance are in direct conflict with the provisions of such other ordinances, in which case the conflicting provisions of such other ordinances are hereby repealed. SECTION 3. The sections, paragraphs, sentences,- clauses and phrases of this Ordinance are severable. If any portion of this Ordinance is declared illegal or unconstitutional by the valid final judgment or decree of any court of competent jurisdiction, such illegality or unconstitutionality shall not affect the legality and enforceability of any of the remaining portions of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect upon its adoption. ADOPTED AND EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: 3 T in I STATE OF TEXAS § COUNTIES OF TARIZANT, DENTON AND WISE § I, MARTY HENDRIX, City Secretary of the City of Fort Worth, Texas do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 14806 duly presented and adopted by the City Council of the City of Fort Worth, Texas, at a regular session held on the gin day of October, A. D. 2001, as same appears of record in the Office of the City Secretary. WITNESS MY HAND and the Official Seal of the City of Fort Worth, Texas, this the 12�' day of July, A. D. 2007. Marty Hendrix,�Cit City of Fort Worth, City Secretary's Office Texas City of Fort Worth�r 1000 Throckmorton Street* Fort Worth, Texas 76102 (817) 392-6150�k FAX (817) 392-6196