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HomeMy WebLinkAboutContract 42766 (2)STATE OF TEXAS Contract No RMC 6230-,91-001 COUNTY OF TRAVIS AGREEMENT FOR FURNISHING IMF CITY SECRETARY CCSWACT MO TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY THIS AGREEMENT , by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State," and the City of Fort Worth, Tarrant County, Texas, acting by and through its duly authorized officials, called the "City." The City is acting by and through its duly authorized officers under Attachment "A", Ordinance / Resolution, dated October 25th, 2011 , which is attached to and made part of this agreement. WITN E SS ET'H WHEREAS, the State owns and maintains a system of highways and roadways, including SH 183 and US 377, 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 SH 183 at Garza, Spur 580 (Camp Bowie Blvd. West\ Calmont, Ridamar MaII/Farmers Market and US 377 at Kermit/ Garza hereinafter called Attachment "B", 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 26th day of May, 2011, the Texas Transportation Commission passed Minute Order Number 112696, 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. `ai>ICIAL RECORD 711 T V SECRETARY Traffic-Traffic_TEA9 Page 1 of 5 i7j( 1 /2 )11 FTSEM'STATEI 12-06-11 A •: i -11-12 P02:26 IN Contract No RMC 6230-91-001 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 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 $70,226.00. A cost estimate of the traffic signal equipment furnished by the City under this agreement is marked "Attachment B," 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- 2501 Southwest Loop 820 Fort Worth, Texas 76133 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. Traffic-Traffic_TEA9 FTSEMaSTATE1 Page 2 of 5 Revised 07/01/2011 Contract No RMC 6230-91-001 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, 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 wntten 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. Traffic-Traffic_TEA9 FTSEM•STATE1 Page 3 of 5 Revised 07/01/2011 Contract No RMC 6230-91-001 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: State: Transportation & Public Works Dept. Texas Department of Transportation City of Fort Worth 2501 Southwest Loop 820 5001 James Avenue Fort Worth, Texas 76133 Fort Worth, TX 76115 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. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State 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. Traffic-Traffic_TEA9 FTSEM STATE1 Page 4 of 5 Revised 07/01/2011 Contract No RMC 6230m91-001 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. IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the agreement. APPROVE $ AS TO FORM ANl I....EP `.f THE CITY OF FORT WORTH ORTH Executed on behalf of the City by: By CITY ATTORNEY ,0fl' '� 1.v46SZt 4 c,it% Date 1244 © oov i cis iy i' D ,qr e ace �0 to .;), Typed o Pfinted Name". - ! (:Tale WO A 4.15 aki., Lifi, te: (717) Id "so \ ' 0 f% _ - - - - grairri na1d Po Go .tic, : t. City ��0 (1y/iia n jr 0 • it oci i•r, oa U - - zib iirsej.)00„0, „:, THE STATE OF TEXAS,n,L 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 approve • and authorized by the Texas Transportation Commission. 4.1 By District Engineer \-v(t Date Traffic-Traffic_TEA9 Page 5 of 5 FTS E M STATE 1 _. _ton-trac+: Author I of of k0.17-E0): _ nata OFFICIAL RECORD CITY SE 'a' Revue UI O, /u fr�.dkS,TX Contract No. RMC 6230-91-001 ATTACHMENT A City of Fort Worth, Texas or • ' uncil • unication COUNCIL ACTION: Approved on 10/25/2011 DATE: Tuesday, October 25, 2011 LOG NAME: 20TS TXDOT SH183 SIGNAL EQUIP SUBJECT REFERENCE NO.: "C-25246 Authorize Agreement with the Texas Department of Transportation for Installation of Traffic Signal Equipment Along State Highway 183 from Garza Avenue to Ridgmar Mall and on US 377 at Kermit Avenue/Garza Avenue and Accept the Payment from Texas Department of Transportation in an Amount Not to Exceed $70,226.00 for the Traffic Signal Equipment Furnished by the City (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize an agreement with the Texas Department of Transportation for installation of traffic signal equipment along State Highway 183 from Garza Avenue to Ridgmar Mall and on US 377 at Kermit Avenue/Garza Avenue and accept the payment from Texas Department of Transportation in an amount not to exceed $70,226.00 for the traffic signal equipment furnished by the City DISCUSSION: The Texas Department of Transportation (TxDOT) is resurfacing State Highway 183 and US 377. As part of the project they will remove the existing vehicle loop detection systems at five signalized intersections owned and maintained by the City of Fort Worth City Staff requested vehicle radar detection systems to be installed in lieu of conventional loop detection systems This new technology is more reliable and requires less maintenance. TxDOT has agreed to fund the basic detection system in the amount of $70,226.00. This is an opportunity for the City of Fort Worth to upgrade traffic signal equipment at a significantly lower cost. The City of Fort Worth will provide the radar systems and TxDOT's contractor will install them. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations funds will be available in the Capital Budget, as appropriated, of the Critical Capital Projects Fund. The Transportation and Public Works Department is responsible for collection and deposit of funds due the City. FUND CENTERS: TO Fund/Account/Centers C295 451942 201720135480 C295 522030 201720135480 CERTIFICATIONS: Submitted for City Manaaer's Office bv: FROM Fund/Account/Centers $70.226.00 $70.226.00 Fernando Costa (6122) http://apps.efwnet.orgiecouncil/printme.asp?id=15821&print=true&DocType=Print 11/7/2011 Traffic-Traffic_TEA9 FTSEM*STATE1 Page 1 of 3 Revised 09/23/2009 Contract No: RMC 6230-91-001 Oriainatina Department Head: Additional Information Contact: ATTACHMENT A Douglas W. Wiersig (7801) George Behmanesh (7914) ATTACHMENTS 1. TXDOTSH_183_SIGNAL_EQUIPMENT.odf (Public) http://apps.cfwnet.org/ecouncil/printmc.asp?id=15821&print=hue&DoeType=Print 11/7/2011 Traffic-Traffic_TEA9 FTSEM•STATE1 Page 2 of 3 Revised 09/23/2009 Contract No: RMC 6230-91-001 ATTACHMENT A STATE OF TEXAS COUNTIES OF TARRANT, DENTON AND WISE § I, RONALD P. GONZALES, Assistant City Secretary of the City of Fort Worth, Texas do hereby certify that the above and foregoing is a true and correct copy of Mayor and Council Communication No. C-25246, duly presented and adopted by the City Council of the City of Fort Worth, Texas, at a regular meeting held on the 25th day of October, A. D. 2011, 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 7th day of November, A. D. 2011. r rep _0t, /• konald P. Gonzales Assistant City Secretary City of Fort Worth, Texas City Secretary's Office City of Fort Worth*1000 Throckmorton Street*Fort Worth, Texas 76102 (817) 392-6150*FAX (817) 392-6196 Traffic-Traffic_TEA9 FTSEM•STATE1 Page 3 of 3 Revised 09/23/2009 Contract No: RMC 6230-91-001 ATTACHMENT B TRAFFIC SIGNAL EQUIPMENT PROVIDED BY THE LOCAL GOVERNMENT SH 183 AT GARZA, SPUR 580 (CAMP BOWIE BLVD. WEST), CALMONT, RIDGMAR MALL/FARMERS MARKET AND US 377 AT KERMIT/ GARZA ITEM WX-SS-225 Smartsensor Matrix 225 Corner -Fire Radar WX-SS-200 Smartsensor Advance Model SS200 WX-CLK-112 2 Channel Contact Matrix Closure Rack Card WX-SS-B01-0005 Matrix Four Sensor Preassembled Backplate w/ AC power WX-SS-H611 - 3-Axis Sensor Mount WX-SS-H701-080- 80' Sensor Pigtail with Molded Connector CITY SUPPLIED EQUIPMENT COST ESTIMATE SH 183 @ Spur 580 Price Ea. Qty Total Qty Total $3,920.00 4 $15,680.00 4 $15,680.00 $4,290.00 0 $0.00 0 $0.00 $335.00 6 $2,010.00 4 $1,340.00 $1,645.00 1 $1,645.00 1 $1,645.00 $205.00 $450.00 TOTAL/ Intersection = SH 183 @ Garza 6 $1,230.00 6 $2,700.00 $23,265.00 4 $820.00 4 $1,800.00 $21,285.00 Qty 4 2 4 1 SH 183 @ Calmont Total $15,680.00 $8,580.00 $1,340.00 $1,645.00 4 $820.00 4 $1,800.00 $29,865.00 SH 183 @ Ridgmar Mall Qty 4 2 4 1 Total $15,680.00 $8,580.00 $1,340.00 $1,645.00 4 $820.00 4 $1,800.00 $29,865.00 US 377 @ Kermit/Garza Qty Total 4 $15,680.00 0 $0.00 6 $2,010.00 1 $1,645.00 6 $1,230.00 6 $2,700.00 $23,265.00 State reimbursement = City Cost = PROJECT Total $78,400.00 $17,160.00 $8,040.00 $8,225.00 $4,920.00 $10,800.00 $127,545.00 $70,225.81 $57,319.19 THE LOCAL GOVERNMENT MUST SUBMIT TO THE STATE INVOICES FOR THE TRAFFIC SIGNAL EQUIPMENT LISTED ABOVE Traffic-Traffic_TEA9 FTSEM:STATE1 Page 1 of 1 Revised 09/23/2009