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HomeMy WebLinkAboutContract 38762Contract No 0081-12-044 DATE OF TEXAS § CITY SECRETAR'i' COUNTY OF TRAVIS § :ONTRACT NO. 3 AGREEMENT FOR 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 evidenced by Resolution/Ordinance No. M + C 1'6942 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 IH 35W and Heritage Trace Parkway 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 the 30 day of October, 2008, the Texas Transportation Commission passed Minute Order Number 111552, 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; 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 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 TRF — TEA9 Page 1 of 7 Revised 6/27/03 FTSEM:STATE1 Contract No 0081-12-044 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 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 $ 1795180506 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. 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. 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. TRF — TEA9 Page 2 of 7 Revised 6/27/03 FTSEM:STATE1 Contract No 0081-12-044 lvrticle 6. INSPECTION OF WORK A. The State shall make suitable, frequent, and complete inspection of all materials, 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 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. TRF — TEA9 Page 3 of 7 Revised 6/27/03 FTSEM:STATE1 Contract No 0081-1 M44 ftrticle 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 personally or sent by certified or U.S. mail, postage prepaid, following respective addresses: City of Fort Worth 5001 James Avenue Ste. 301 Fort Worth, TX 76115 Wn.: Mark Mathis P.E. Agreement shall be delivered addressed to such party at the State: Texas Department of Transportation Post Office Box 6868 Fort Worth Texas 76115-0868 Attn: Mr. Jimmey F. Bodiford, P.E. 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 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. 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. 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. TRF — TEA9 Page 4 of 7 Revised 6/27/03 FTSEM:STATE1 Contract No 0081 ml M44 l-irticle 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. IN WITNESS WHEREOF, the State and the City agreement. THE CITY OF Executed on behalf of the City by: Date `W Typed or Printed Name and Title lCrtia"n�. �cs THE STATE OF TEXAS the 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 appr ed and authorized by the Texas Transportation Commio . By Date Q i 10 if6gilhevp attested by: 1Vlarty Hendrix, Secretary TRF — TEA9 Page 5 of 7 Revised 6/27/03 FTSEM:STATE1 Contract No 0081-12-044 TRAFFIC SIGNAL EQUIPMENT PROVIDED BY THE LOCAL GOVERNMENT IH 35W AT HERITAGE TRACE PARKWAY CITY SUPPLIED EQUIPMENT COST ESTIMATE ITEM QTY $PER UNIT $TOTAL SIGNAL CONTROLLER 2 EA $ 1,490.00 $ 21980200 TYPE 170 CABINET 332A CABINET 2 EA $ 6,134.00 $ 123268600 CONFLICT MONITOR 2 EA $ 487.25 $ 974,50 MAKE READY ONE TIME CHARGE 2 EA $ 648.00 $ 1,296.00 TOTAL $ 17,518.50 THE LOCAL GOVERNMENT MUST SUBMIT TO THE STATE INVOICES FOR THE TRAFFIC SIGNAL EQUIPMENT LISTED ABOVE TRF — TEA9 Page 6 of 7 Revised 6/27/03 FTSEM:STATE1 Contract No 0081-12-044 EXHIBIT B SPECIAL PROVISION MINORITY BUSINESS ENTERPRISE REQUIREMENTS It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFR Part 23, Subpart A, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Minority Business Enterprise requirements of 49 CFR Part 23, exclusive of Subpart D, apply to this contract as follows. The City agrees to ensure that Minority Business Enterprises, as defined in 49 CFR Part 23, Subpart A, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the City shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, exclusive of Subpart D, to ensure that Minority Business Enterprises have the Maximum opportunity to compete for and perform contracts. The City and any of its subcontractors shall not discriminate on the bases of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the Department, may result in termination of the contract by the State or other such remedy as the State deems appropriate. TRF — TEA9 Page 7 of 7 Revised 6/27/03 FTSEM:STATE1 TRANSPORTATION AND PUBLIC WORKS TRAFFIC SERVICES July 15, 2009 TO: City Secretary's Office FROM: Gena Brown, Sr. Admin. Asst. SUBJECT: AGREEMENT FOR FURNISHING OF TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY—IH 35W AND HERITAGE TRACE PARKWAY Attached is one signed original contract from TXDOT. Please assign a contract number and e-mail a copy of the contract to me. If you have any questions, please a -mail me or call me at ext. 7974. Thank you. TO: Gena Brown, Transportation &Public Works Department FROM: Allison Tidwell, City Secretary's Office DATE: June 17, 2009 SUBJECT: AGREEMENT FOR FURNISHING OF TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY These documents are being forwarded to you for original signatures from the Texas Department of Transportation, BNSF Railway and the Union Pacific Railroad. All signed copies of the contract must be returned with original signatures for final processing. Failure to return the documents will delay the final processing of the contract. Once we have received all of the documents, we will assign a contract number. Thank you in advance for your cooperation. If you have any questions, please call me at 817-392-6090. Attached: 4 sets Contract No 0081-12-044 TATE OF TEXAS CITY SECRETARY COUNTY OF TRAVIS § CONTRACT NO. AGREEMENT FOR 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 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 IH 35W and Heritage Trace Parkway 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 the 30 day of October, 2008, the Texas Transportation Commission passed Minute Order Number 111552, 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; 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 famishing the traffic signal equipment, the State will prepare the construction plans, advertise for bids, and let the construction contract, or 1= TRF — TEA9 TSEM:STATE1 Page 1 of 7 Revised 6/27/03 Ob-17-0 � �109 :59 I N