Loading...
HomeMy WebLinkAboutContract 41789 (2)S T ATic OF TEXAS Contract No 0008-14-113 COUNTY OF T RAVHS § CIFCIFY SECRETARY AGREEMENT FOR THE FURNISHING OF (TRAFFIC SIGNAL E*UIPMENT 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 C-13942, hereinafter acknowledged by reference. WITNESSETH WHEREAS, the State owns and maintains a system of highways and roadways, including IH 820 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 820 at Marine Creek 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 this 30th day of October, 2008, the Texas Transportation Commission passed Minute Order No. 111552, 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: AGREEMENT Article 1. CONTRACT PERIOD This agreement becomes effective on final execution by the State and as long as said traffic signal equipment is in operation at the described project is incomplete, or unless otherwise terminated or modified as h Traffic-Traffic_TEA10 Page 1 of 6 FTSEM:FED1 reina ©IFFY SCREiARY iRevisedf��i°� dY00.9% /P69 emain_ n effect Mk? al Contract No 0008-14-113 A� Dcie 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 $9,123.00. 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 Post Office Box 6868, Fort Worth, TX 76115-0868. C. 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. 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_b_i ers_ B. Reimbursement for the use of materials purchased by other than compet fu procedures will be made only if such procedures are shown to be in the Sub` is"in e h1 Q> I1 ,���`%' 23 2 '-- Traffic-Traffic_TEA10 Page 2 of 6 Revised0�/ / FTSEM:FED1 ii) Li, \PP )14117,3,, Contract No 0008=14=113 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. INSPEC`F'ION 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. D. 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. Itlr9Z1Y1I1YM1IO1Y 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 ofthe 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. Traffic-Traffic_TEA10 Page 3 of 6 FTSEM:FED1 OFFICUAL RECORD CTY SECRETARY F-Tijo NORM ern" Revised 09/23/2009_ Contract No 0008-14-113 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. N o TIC, .S 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, Ste. 301 Fort Worth, TX 76115 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 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. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State D. 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 held to be invalid, illegal, or unenforceable in any respect, such invalid Traffic-Traffic_TEA10 Page 4 of 6 FTSEM:FED1 for an reason be �gFOR �e�i�s�e���r: 0 0�� �1'. VYORTH, iX Contract No 0008-14-113 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 AGREEM :;NTS SU ! IhRSEDED 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 Am133 AUDIT REQUIRMENTS The parties 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 OMB Circular A-133. 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. 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 debarrPcaor suspended or otherwise excluded from or ineligible for participation i fe• - s programs under Lxecutive Order 12549, Debarment and Suspension a re ire anypartyto a subcontract orpurchase order awarded under this con rtias�j� `eg: 5111 itle � 49 of the Code of Federal Regulation, Part 29 (Debarment and Susp nslopy,Wittlfriith . Traffic-Traffic_TEA10 Page 5 of 6 FTSEM:FED1 Revised 09/23/2009 Gicis Contract No 0008-14-113 eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. IN WITNESS WHERhOF, the State and the City have signed duplicate counterparts of the agreement. THE CITY OF loti Wr?K Executed on behalf of the City by: Typed or Printed Name and Title Date 3/,ZZ// ifr e, ens tie /14,41d-74-1krie THE STAT 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 appjoved d authorized by the Texas Transportation Commissio By Fort W rthrDistrict Engineer APPRO ��_ ' S TO FORM AND LEGALITY: vile/fr .. CITY ATToRNEY Date Contract Authorization PAte fr, *00 00 00 OAT ititit S ifety0° � °O �! Traffic -Traffic TEA 10 FTSEM:FED1 Page6of6 Revised 09/23/2009 Contract No 0008-14-113 EXHIBIT A TRAFFIC SIGNAL EQUIPMENT PROVIDED BY THE LOCAL GOVERNMENT IH 820 AT MARINE CREEK PARKWAY CITY SUPPLIED EQUIPMENT COST ESTIMATE ITEM $ PER UNIT $ TOTAL UNIT QTY 332A Traffic Signal Control Cabinet EA 1 6,134.00 $6,134.00 170E Traffic Signal Controller EA 1 1,620.00 $1,620.00 210MF Conflict Monitor EA 1 426.00 $ 426.00 Type P Controller Adapter Base EA 1 295.00 $ 295.00 Labor for Cabinet Testing & Make Ready EA 1 648.00 $ 648.00 TOTAL $9,123 00 THE LOCAL GOVERNMENT MUST SUBMIT TO THE STATE INVOICES FOR THE TRAFFIC SIGNAL EQUIPMENT LISTED ABOVE Traffic-Traffic_TEA10 FTSEM•FED1 Page 1 of 1 Revised 09/23/2009 Contract No 0008-14-113 EXHIBIT B Article 24 MINORITY BUSINESS ENTERPRISE PROGRAM 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. Traffic-Traffic_TEA10 FTSEM•FED1 Page 1 of 1 Revised 09/23/2009 City of Fort Worth, TL,�.tas ayor a z ouncil Communication DATE 08/03/93 SUBJECT REFERENCE NUMBER L LOG NAME **C-13942 20TEXDOT PAGE 1 of 2 APPROVAL OF AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS ON FREEWAYS WITHIN THE CITY OF FORT WORTH RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement with the Texas Department of Transportation (TexDOT) for the installation, operation and maintenance of certain traffic signals within the Fort Worth City Limits at a first year cost to the State of $1 13,484 00. DISCUSSION: For many years, the operation and maintenance of traffic signals serving freeways within the city limits of Fort Worth has been performed by the City. However, in concert efforts with other municipalities throughout Texas, have resulted in a change in the State's portion which resulted in a fair and equitable procedure for the State to reimburse Cities over 50,000 population for this work.. The State has had full financial responsibility for signal maintenance and operation in Cities under 50 000 population., In 1987, The Texas Transportation Commission revised the State's policy that permitted the TexDOT district offices to establish a method of reimbursement to Cities over 50,000 population. However no funds were allocated to the district offices for this purpose. Effective beginning September 1, 1993, the TexDOT District 2 office has allocated funds within their budget to reimburse the City for this work. Under this agreement the State, using a flat rate per intersection, will reimburse the City for the maintenance and operation of traffic signals at 60 intersections within the city limits.. The reimbursement rate ranges from $25 to $250 per month per intersection depending on the complexity of the signal equipment and the amounts were based on an average of the City's cost to operate and maintain signals in prior years. The State will be permitted to audit our operating and maintenance expenditures in future years so that it can determine the validity of the flat rates established in this agreement.. The first year's funding from the State for this work will total $1 13,484,00.. The Transportation and Public Works department will be responsible to collecting and depositing funds received under this agreement. err Pr".ntsd an yc ed paper DATE 08/03/93 SUBJECT City ?/' Fort Worth, Te as uncil municat REFERENCE NUMBER I LOG NAME **C-13942 20TEXDOT PAGE 2of2 APPROVAL OF AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS ON FREEWAYS WITHIN THE CITY OF FORT WORTH FISCAL INFORMATION: Funds to cover the City's costs for providing these services will be made in quarterly payments by the State deposited in the Contract Maintenance Fund for Freeway Signals., MG:v Submitted for City Manager's Office by: Mike Groomer 6140 FUND I ACCOUNT (to) CENTER 1 AMOUNT GS93 539120 020930318010 $113, 484.00 Originating Department Head: Gary Santerre 7804 {from) TXDOT sources $113,484.00 For Additional Information Contact: Gary Santerre 7804 CITY SECRETARY APPROVED nrof AU itV .. 14•••Zt 4 t Jrrt.ilr• .l::l:L taw Primed on recycled paper