HomeMy WebLinkAboutContract 37170Contract No 0172-01-042
THE STATE OF TEXAS § `ITN( SECRETAR1, 2
CONTRACT NO, J� �
THE COUNTY OF TRAVIS §
AGREEMENT FOR THE FURNISHING, INSTALLING AND
MAINTENANCE OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT
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, hereinafter called the "City", acting by and through its duly authorized officers.
WITNESSETH
WHEREAS, the State owns and maintains a system of highways and roadways in the
City of Fort Worth pursuant to Transportation Code, Section 201.103; and
WHEREAS, the City or its contractor has requested to install emergency vehicle
preemption systems at the locations listed on Exhibit A;
WHEREAS, the State and the City are_ in agreement that the proposed systems will be
installed;
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:
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 preemption equipment is in operation at the
described locations.
ARTICLE 2. TERMINATION
This agreement may be terminated by one of the following conditions:
1) By mutual agreement of both parties;
2) By the State giving written notice to the City or its contractor as consequence of
failure by the City or its contractor 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 or its contractor;
3) By either party upon thirty (30) days written notice to the other.
ARTICLE 3. COMPENSATION
No compensation shall be paid for this agreement.
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ARTICLE 4. PERSONNEL, CWUIPMENT, AND MATERIAL
A. The City or its contractor will use labor and supervisory personnel employed directly
by the City or its contractor, and use City owned or its contractor owned machinery,
equipment, and vehicles necessary for the work. In the event that the City or its
contractor does not have the machinery, equipment, and vehicles necessary to
perform the work, the machinery, equipment, and vehicles may be rented or leased
as necessary.
B. No reimbursement shall be paid for any materials supplied by the City or its
contractor. All materials shall be new and undepreciated stock.
C. Any necessary changes to the existing signal required to install the preemption
system will be at the City's expense.
D. If it becomes necessary to adjust, replace or reinstall the preemption system due to
reconstruction of the intersection or upgrading of the signals, it shall be done by the
City at City expense.
ARTICLE 5. INSPECTION OF WORK
A. The State shall make suitable and complete inspection of all materials, and
equipment, and the work of installation to determine and permit certification that the
components meet all applicable requirements and are in suitable condition for
operation and maintenance by the City or its contractor after its completion. All
components of the system will be subject to random testing and inspections by the
State.
B. The City or its contractor will provide opportunities, facilities, and representative
samples, as may be required, to enable the State to carry on initial and random
inspections 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 State standards and specifications. The State
will promptly notify the City or its contractor of any failure of materials, equipment, or
installation methods, and the City or its contractor will take such measures
necessary to obtain acceptable systems components and installation procedures
without delay.
ARTICLE 6. RESPONSIBILITIES OF THE PARTIES
The parties agree that neither party is an agent, servant, or employee of the other party
and each party agrees it is responsible for its individual acts and deeds as well as the
acts and deeds of its contractors, employees, representatives and agents. State shall
not be held responsible for the operation (or non -operation) of the preempt equipment,
or for any effect it may have on emergency vehicle response.
ARTICLE 7. DE -ACTIVATION OF THE PREEMPT SYSTEM
The State reserves the right to disconnect the preempt system from the traffic signals
should any problem arise affecting the State including that the State has determined
that the preemption is being abused. The State will notify the appropriate City office of
the de -activation of the preempt system. Upon correction of the problem the preempt
system would be re -connected.
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ARTICLE 8. PREEMPTION INSTALLATION REQUIREMENTS
The City or its contractor shall furnish and install an aluminum lockable cabinet for the
preemption system equipment. The preemption cabinet shall be attached to the State's
traffic signal cabinet by means of a two (2) inch Myer's hub supplied by the City or its
contractor. The City or its contractor will furnish and install a Cannon type disconnect
plug between the State's traffic signal cabinet and the preemption cabinet. The State
will furnish 120 volts AC power to the preemption cabinet for all auxiliary equipment. All
transformation of power shall take place within the preemption cabinet. The State will
allow the preemption equipment to monitor all outgoing green traffic signal indications.
The preemption equipment will supply a maximum of four preemption inputs.
ARTICLE 9. REPORTS
Upon written request, the City will be required to supply the State with a list of
preemptions. The list shall show date, time, intersection, direction, and duration of each
preemption and vehicle identification information of the emergency vehicle requesting
each preemption.
ARTICLE 10. REMEDIES
Violation or breach of contract terms by the City or its contractor shall be grounds for
termination of the agreement, and any increased cost arising from the City or its
contractor's default, breach of contract, or violation of terms shall be paid for by the City
or its contractor. This agreement shall not be considered as specifying the exclusive
remedy for default, but all remedies existing at law and in equity may be availed of by
either party and shall be cumulative.
If at any time, the City or its contractor fails to assume the maintenance and operations
responsibilities for the preemption systems in a satisfactory manner as determined by
the State, the State reserves the right to arrange for maintenance and operations at the
expense of the City or its contractor. The State shall contact the appropriate City
authority prior to the arrangement for alternative maintenance.
ARTICLE 11. INSURANCE
The City shall provide necessary safeguards to protect the public on State -maintained
highways including adequate insurance for payment of any damages which might result
during the construction, maintenance and operation of the preemption equipment, and
to save the State harmless from damages, to the extent of said insurance coverage and
insofar as it can legally do so. Prior to beginning work on the State's right-of-way, the
City's construction contractor shall submit to the State a completed insurance form
(Exhibit "A") and shall maintain the required coverage during the construction of all work
associated with this agreement.
ARTICLE 12. SUBLETTING
The City or its contractor 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 the City or its contractor enters into subcontracts, the subcontractors
must adhere to the provisions -of this agreement.
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ARTICLE 13. SUCCESSORS AND ASSIGNS
The City or its contractor shall not assign or otherwise transfer its rights or obligations
under this agreement except with the prior written consent of the State.
ARTICLE 14. 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 15. INSPECTION OF CITY'S BOOKS AND RECORDS
A. 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.
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. 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
5001 James Avenue
State:
Texas Department of Transportation
P.O.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 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., l
_ s l� I *i
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ARTICLE I Um PRIOR AGREEMENTS SUPERSEDE®
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 within the subject matter.
IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of
this agreement.
THE CITY OF FORT WORTH
Executed on behalf of the City by:
Date
Typed or Printed Name and Title �. rou"U"
Assi4 ttjj-ai; unity Manager
THE STATE OF TEXAS
Executed for the Executive Director and
Commission for the purpose and effect of
established policies
Texas TransportatioY
B V -
or work p
Comrt�issi1
Fort orth District Engineer
approved
for the Texas Transportation
activating and/or
rams heretofore approved
Y
carrying out the orders,
and authorized by the
Attested By:�
Amarty Her+c1 X
c tcy sec f. t-u icy
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EXHIBIT A
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Traffic
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