HomeMy WebLinkAboutContract 282990
0
' `�� ! . � , � � . � �
Agreement No. 2XXn�5002
�I�Y ��C�$�ARY ^� Q ��!
STATE OF 1'�XAS § ; ������l��i P�. C.X t1�X.
C4UNTY OF TRAVIS §
AGREEMEIeTT FOR 'THE TURI�TI��TG UF
TRAFFIC S�G1Y�.L EQUIPIV��TT BY A l�i[UI�TICII'ALITX
THIS AGREEM[ENT is ma.de by and between the 5tate of Texas, aa#ing through �he
Te�s Departmex�t ofTr�nspnrtation, hereinafter call� tla�e °`State,,' an� the C��y of .
Fort Warth , Tarrant Courrty, Texas,
hereinaft� called the "City," acting by arkd through its duly authorized officers as evidence by
ResolutianlOrdinance No. 11516 , hereinafter acknovvledged by xeference.
�VVITl��_S�ETH
VPHEREAS, the State owns and ma'sntain� a system of highways �nd rQadways, inctuci�ng
II3 30 wi�h Beacl�. Oalc3and. Brid�e StreetlBkue Lak�. Brenr.wood ��axrfHolt Street. Gonnector &
Brid�e Street, Ram�p & Con�ectar and Connectar at l`3r�dgewaod, in the City of Fart Worth ;
and
WI�REAS, the City has requested the State to reimburse t1�e cost of fumishing traffic
sigmai equipmetrt at the intersectiQn of IH 30 with Beach. �akland. Brid�e Strest/Blue Lake,
Bren�woad StaiarlHalt St�reet. Connector & Brid�e Street, Ramn & Con�ectar a�xd Connector at
Brid��woad (CS7: 10b8�02-1111, hereinafter called tb.e "�roj�ci," and
WHEREAS, the State and City wish ta cooperat� in the canstruction of this Praject; and
WI�REAS, the City desues that equipmu�t be pro�id�d that is campatible with standard
FTSENT: STATEl
Page l of 9
� ,,�
''�, ,�, .,,l19,:1�:
�� � �y�� �
, ;: ,
�
1�97
signal aperatian andlor e7r,isting City equipment; and
WHEREAS, it is in the best interest of the City an� the State far the City tv assist the
S�ate by fiunishing traffic signal equipment on the Projsct; and
'WHEREAS, on the 29� day af 3anuaxv
Transportation Commissiqn passed Nru�ute Urder Nu�r►b�r
Prosect; and
1939 , the Texas
107737 , approving the
WHER�AS, the State is authar�ed to enter into an agr�eme�# with the City for the
Praject p�rsuant to Section 2�4, Te�zas Trans�ortation Code;
A.GR�EMENT
NOW, THEREFaRE, in conside�ration ofthe premises and afthe mutual aavenants and
a�reemennts o£the parties her�o to bE by them respectively kept ar►d per%rmed as hereinafter set
fortl�, it is agre�d as follows: �
ARTiCL� 1. CO�fiZ`RAC'� P�RIOD
�'ius agreement becames �ffecti�►e an final execution by the Siatte and shall remaan in effect as iong
as said tra�ic signal equipment is in ope�'ativn at the c�escribed loca.tion and the sigc�al project is
incornplete, or unl�ss otherwise terminated ar modi�ied ss her�ina�fter provided.
t�RTICLE �. C�I'�ST�i[TCT`iQ?lY RESPU1�f5IB��.,Tri�S
A. For all items v€ construction other tha.n furnisk�iu�g the traffxc signal equiprnent, the State
will prepare the constructiar� plans, a�tvertise for bids, and let the constiuctiun corrtra�t, or
otherwise provide for the constin�ction and will supensise the canstruc�an as required by said
plans. The State will secure the City's apprnval o£ cons�uction plans prior to award of co�tract.
FTSFM:5TATE1 � ' " . ����
Page �, of 9 :
_ {� ,o;
(. , , � }�.
S. The furnishing of the traffic signal equipment will be part ofthe construction ta he
undertaken by the City, and the State will reimburse tha City for its contribution to the Pr�ject, as
prescribed under Art�cle 3, "Compensation."
ARTICLE 3, C41�fPEI�T�ATIO�T
.A. The m�ximum amount under this ag�'eement without madificatian is $ 38.438.96 . A
cast estimat� of the traf�c signal equipme�nt furni.shed by th� City under this agreemen# is marked
"Exhibi# A,,' attached heceta and made a part of this agre�ment.
B. The State wi� reimburse the Ci�ty the cost of�urnishing the traffic si�al equipment
�c�ording ta the loca#ion and manner of cvnsiructiQn as shown and described in the plans a.nd
speci.ficaiions.
C. The State wilt reimburs� the City for prope�ly supported costs inct�rred undex the terms
and concii�ians oiti�is agreeme;nt_ Ca�ts incurc-ed prior to the issuance of �. written "Work Ordes'"
by the State will not be re�nnbursed. Reimbutsemen.t witl be made bp th� State to the Ci#y for
applicaC�le labor, ec�uipment use, materials, suppli�s, tr�vel e�pe�s�s, and warehc�use ur mat�r�al
haudling charg�s provi�ded �he City � paid from Crty funds their obligations covering items of
costs previously billed.
ARTICLE 4.. PAY11�E1�TT�
�. T�e City si�ali submi� the 5tate's FQrm 132, Billing St�atement, ar other type oiinvvic�
acceptable ta the State upon comglv�ion vf ti�e Projecx and th� State's acceptanc� thereaf.
FTSEIVI:STATEI
P�ge 3 of 9
�
,r7`y 7 �
i
B, An original and four (4} copies af the Bi�ing S#atement should be submit�ed tv the
fallowing address: Texas De�artment of Transportation
p.0. Box 68b8
-- -�ort Wortl�. Texas 76115 - — - -- ,
C. All bill�ir�g statements shall be proper�y documented, summari�ing the costs by description
of work perfarmed, quan�aty ofmaterials and devices, uni� price, �abar costs, and extensians,
D. The Stat� shall make payment ta the City witl�in thirt�y {30} days fram receipt o£the City's
request for payment, pravided that the request is pruperly pre�ared, exe�uted, and documented.
E. U�suppor�ed charges or charges after final acceptance by the State w7ii� not be consider.ed
e�igible foz� reimbursement. The State wi� prepare a final audit upon cflmple�ion af the work
autharized ar at any time a.� audi� is deerr�ed to i� in the �est interes� of the State.
r1RTICLE S. P�R�O�PIEL, EQUIP�+ 1�I'i, AI�1D �TER�L
A. The C�ty will use applicable lab+or and supervisary persoimel employed directly by �e
City, and use Crty-owned machinery, equipment, and vehicl�s necessary far the wark. �n f�e
even# that the Gity does not have t�e necessary rnachinery, equipmen�, and velucles necessary ta
perf'orm th� work; the machinerys equipment, and �ehicles may be r�nted or leased as necessary at
t�e low bid pri� submitted by at least two approved biddets.
B. Reir�bursemem far the use of materia�s purahased by other th�n competi��ive bid
procedures veill be made anly if such procedures are shown to be in the publia interest a�d
provided �� State shall �ave given pxior appz�aval far the use of said materials. All mat�rials used
for the wark sh�1 be new and undepr�iated.
FTSEM: STAT� l , ��g7
Page 4 of9 ' �r', , �
`j �
I( i ;',:
�,.'�{�
� �/
��r�cLE �. Il�fi�PECTIQI� OF V�a�
A. The State shall make suitable, frequeni, and comp�ete inspection of al.l m�.terials and
equipm�nt, and the work of installation ta detemvne and permit certificatio� that the Praject and
its components meet all applicable requireme�nts of the p�ans and specifications in suitable
conditian for aperation and maintenance by the City after its completion.
S. The City wi11 pravide opportunities, f�cilita�s, and representative sampl�s, as may be
require�, io enab�e the State ta carry on suitable, fr�quent, and compiete inspection of al1
materia�s and a.pplicativn methvds, su:�'xcient to afford d�termination and certification by the �iate
that all parts vf ihe installation and the component materials comply with the requirements of the
approved plans and s�ec':f'ications. The State will promptly noti�y ths City a�any failure of
mat�rials, equipment or installataan m�thods, and the City will take such measures as ne.cessary to
abtain acceptab�� syst�ms coinponenfs a.nd ins�a]iation grocedures withvut de�a�.
AR'T��"X.E 7�. 'I`ER�r�'1'iOi�T
Tiiis agre,�ent may be terminated by one aft�e follvvving cc�nditiuns:
(1)
i�)
i�)
By mutual agr�ement and consent of both parties.
By tih.e State giv�ing writte�i no�ice to #he Crty as cc�nsequence of failure b�r the �ity
to sa�isfactorily perFarm the s�rveces and obligations set forth in ttus agreement,
wit� praper aliowances bei�g mad� for circumstances beyond the contrai of the
Gity.
By either �arty, upan thirty (30� days writ�en n�otice to the other.
FTSEM:STATEI
Page 5 of 9
.. ..... +�4� 7
,� , ,
.:.li
�
�R�c��� s. Il�DE1V�1vTFiCA'TX4AT
The City acknvwledges tha� it is noi an agent, servant, ar employee of the �tate and thus, is
responsible for its own acts and deeds and for �tiiose n�its agents or smploy�es during the
performance of'th� wark defined in this a�reement.
ARTICLE 9. RE1�iED1ES
Violat€on o�r breaci� of contract terms by ihe City shall be grou�ds for termination of the
agreement, and any increased cost arising from the City's d�fault, breach of cantract, or viola�ion
of terms shall be paid by the City. This agreemem shaU not be considered as specifying the
exclusiv� rernedy for any deiault, but a11 remedies existing at law and in eq�ty may be ava.iled o£
by �ither party and sh�ll be cumi�ia.tive.
ARTICLE lU. D�PUTE�
Should disputes arise as t� respansibilities and obli�atiar�s as set forth in tt�is agreement, the
�t�t�'s decision shall be finai and binding.
ART�CL� � 1. �UBLETTIloFG
The City shall not s�blet or txausfer any portion of its responsibilities and abliga,taons under this
agreement unless speci£ically authori�ed in writing by the State. �n the event subcan�racts ase
sn�ered in#a by the Ci�ty, the subcontractors must �,d�.ere to the pravisions of this agreetnes�t.
:�RT�CL� 1�. t41ViEI�D1V��TT'S
Changes in the time frame, character, respansibili#ies, or obligations autharized herein shall be
enacted by written a�nendmen�t. Any ame�ndment to t�is agreement mus�.be executed bq bvth
par�ti�s.
FTSEM: STATE 1
Page � of 9
"4::` i;sl��
��4.,�,�
1-97
�RTiCLE I3. �UCCES�QRS �TD A.5SIG1V'�
The City shal� not assign vr otherwis� �transfer its rights ar obligativns under tl�is agre�ment
except with the prior written consent nf �� State.
�RTICLE 14. Il�TSFEC'T'IO� 4F CITY'S 500�5 AI�D REC()RD�
The State shall, fvr purpose of terminativn afthe �.�reEment prior to completion, �amine t�e
books and records af the Citq for the puz�pase af checking the amount o£the wark pezformed
�nd/or materials furnished b� the City at the time pf contract terminatian. The City slaali maint�in
all boaks, dvcume�ts, papers, accaunting xecards and other doaumentation pertaining to cost
incun-ed under tlus can�r�ct and sha11 make such materials a�aiiable to t�e State or its duly
authori�ed repr�sen�atives Far xevievv and inspection at its office during the contract period and
for E1�ree {3} yeaa-s from t,he date of £nal payment under tlus con�act or until impendin� liti�ation
is r.�solved. Additionall�, th� State ar�d i�s du�y authnrrized r�presentatives sha111zave access t� all
records o� the City whi�h are directly appucabl� tu this cvntract for thE puipose of ma�ng audits,
�xa,minatians, excerQts a�c� �ranscrip�ions.
ARTICLE 1�. L��AI� �U1�5TR�TCTtUI�T
In c�se ar�y orne or more uf the pro�vissans cont�ned in this �greemment �hail £or acEy reason be held
tc� b� mvalid, illegal, ar une�forceable in any respect, such invalidity, illegality,or unenfarceability
shall nat a�ect any other pro�is�on tt�ereo�and this agreem�t s#�ali be constr`ued as �if such
invalid, ill�gal, or unenforceable provision had never be�n cant�ined h�`ein.
FTSENi: STAT'� �
�'age 7 of 9
1-97
�
r
; �i
.. )„_
�/,' , �
ARTICLE 1.6. CO�ERI�II�G Lr�,�'9 A�dD VEI�UE
This agreement shall be construed under aaad in aceorda�ce w�th the laws of the State af Texas.
Any l�gal actions regar�rig the parties' ob�igatior�s under this agreement must be filed in T:ravis
Gounty, Texas.
AR'TICLE I7. PRIOR .�GREE�VIE11iT� �UPEIL�EDED
This �greement constitutes the sole and only agreement oFthe parties hereto �d supersedes any
prior underst�nndsngs ar written ar ora� agreemems betwe�n the parties Fespecting th� wit.�in
subject matter.
FTSEM:STATEI 1`g7
Pa�e S of 9
�� _
,;,
�: : �
�� `�.
IN WITNE55 `hTHEREOF, the State and the Ci#y have signed duplicate count�rparts of
the agreernent.
The Ci�y of: Fort , ' i
1
By: n�/� /'. .
� (Signa e�
Marc att, Assi�tant Citv Manar�er
(Typed Name and Title)
�G7o��r !�/ . .`�dD�
{�ate)
ATTEST:
,
� �
. _ ` _
; . . . h _, ,. �� , ,
C�ty 5ecretary
��'.� 1[.�)���.�?
(Date)
C�`I���
Contract Author�zation
���,���z
(Date)
Approved as to Form and egality:
�
Gary Steinberger
Assistant Cii�y Attomey
Recosnmended for Signature
�4 ' 9 ' ' �
Rohert D. Goode, P.E.
Director
FTSEM:STATEI
THE STATE OF TEXAS
Executed £o� the Executive Dir�ctor
and approved for the Te�as
Transpartation Commission unde:r
the Aufihority of M'rnute Order 100002
and Stand Alone Manual Notice 9fi-6,
for the purpose and effect of activating
andlor canying out the orders, established
policies ar work programs by the Texas
Transportation Commission.
APPROVED:
- �
. � ,, ,
By: ' ' ,- � �` �jr/',l, �
District �ngine�;r
Fort Worth District
1 �
Date: � � � ,? � u �
�
Page 1 of 9
I ����
, I
,,: �
�_ �
E�ibit "A" '
March 1, 2002
�����o���
Mr. Mike Carker
Engineering 5pecialist III
Texas Departmenf of Transpartation
P.O. Box 6868
Fart Warth, TX 75115-08�8
RE: AGREEMENT FOR THE FURNISHING OF TRAFFIC SIGNAL
EQUIPMENT BY A MUNICIPAI�ITY...
IH 30 (Ramps) at Bridge 5t. & B[ue Lake Rd.
(H 30 (Ramps) at Brenfwood Stair & Holt St.
IH 30 (Ramps) at Connector Rd. �
IH 3q (Ramps} at Bridge St.
!H 30 {Ramps} at Bridgewood Dr.
iH 30 (�tg. Rds.) at Beach St.
1H 30 {Ftg. Rds.} at Oakla�d Blvd.
CSJ: 1 �68-02-191 .
Dear Mike:
�A� 0 4 ZnOZ
In respanse to a re.quest by your office, we are provi�ing a cost amounf fvr the signal
hardware related to our Agreement far the Furnishing of Traffic Signa! Equipment by a
Municipality. The City wiH furnish a Type 170 ca�inet and c�ntrol equipment, for the eight
re€erenced intersec#ions for a cast as stated below. -
EQUIPMENT
Type �70 Cabinet (332 cabinet}
Controller
Conflict Monitor
Make Ready (one time charge)
CO ST
� �,$�a.00
$ 92'[ .28
$ 414.OD
$ 300.00
$ 5,499 .28 — each location
Total cost for 7 locations p$�8�,438.96
If you have any questions, please contact me af 817-871-8775
� Sincerely,
�
- � �G.
Mark Math�s, P.E.
Traffic 5ignal,Operations Manager
cc.�� Randy Burkett, P.�., City of Fort Worth
Gena Brown, City of Fort Worth
Rohit Parikh, P.E., TxD�T
TRANSPORTATIOI�i AND PUBLIC WORI�S DEPART1�Ei�1T
TRAFFIC ENGINEERING DIVISION
THE CITY OF FORT WORTH * iQOQ THROCKMQRTON STAEET *�ORT WORTH, TEXAS 76102
{81� 871-877Q * Pax ($17} 87i-6670
:r Printed on recycked paper
�'ity of Fo�t Wo��hp T'exas
�a��r �.�� Co���i� �o��a�r�Y����.��
DAT� R�FEF2�NCE NUMB�R �.OG i�AME PAGE
9/2410� **�-��2�� 20EQU�Pf11�ENT 'I of 2
SUBJECT APPR�PRIATION ORDINANCE AND AUTHORIZE EXECUTION OF AN AGREEMENT
WITH THE TEXAS DEPARThIIENT OF TRANSP�RTATION TO FURNISH TRAFFIC
SIGNAL EQUIPMENT ALONG IH-30 (TOM LAMDRY HIGHWAY) FROM BEACH STREET
TO BRIDGEWOOD DRIVE
RECOMMENDATION:
lt is recommended that the City Council:
Adopt the attached appropriation ordinance increasing esfimated receipts ar�d appropriations in the
Confract Street Maintenance Fund, in the amount of $38,438.96, from the Texas Department of
Transportatian (TxDOT} for the pUrpose of furnishing equipment for traffic sigr�als; and
2. Aut�arize the City Manager to execute an agreement with TxDOT for the furnishing ofi traffic signal
equipmenf at se�en locations along IH-30 (Tom Landry Highway) from Beach Street to Bridgewood
Drive.
DISCUSSION:
In August 2002, TxDOT will let a contract to construct new highway ramps for IH-30 from Oa4�land
Bauleuard #a Bridgewood Drive. As part of this project, the bridge over IH-30 will 6e recanstructed at
Beach Street and Oakland Boufe�ard. New exit ramps and tra#fic signals will be constructed a# Bridge
Street, Blu� La�Ce Drive, Brentwoad Stair Rvad and Holt Street. !n all, three existing traffic signais wili
be reconstructed and fvur new signals will be constructed in this project.
Since City staff will be responsible fof maintenance of the completed traffic signaEs, staff has requested
an agreement to supply the trafific signal controller �quipment in �rder ta comply with City standards.
As praposed in this agreement, the City will furnish the follawing traffic signa[ equipment and will be
reimbursed #rom TxDOT in the amaunts [ist�d beiaw:
Uni�
Equipment
Total Cost
7 each
7 each
7 �ach
7 each
Controller cabinet (332 cabinet)
Type 170 contraller
Conflict monitor
Equipment make ready for installation
���,aza.aa
$ �,448.96
$ 2,870.OQ
$ 2. 4 00.00
ia�al �3�,438.96
The Transportation and Public Works Department will be responsible far collecting reim�urs�m�nt from
TxD OT.
These intersections are located in COLINCIL �ISTRICT 4, Mapsco 78A to 66W.
C'iiy o,�'.�'ort T�TjoNth, Texas
T��.�o� a��. �o��ci� �����nica�i��x
DAT� REFERENCE NUMBER LOG NAME PAG�
9124/02 **��� g�5�. 20EQlJ1PMENT 2 of 2
sus��cT APPROPRIATION ORDINANCE AND AUTHORIZE EXECUTION OF AN AGREEMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TD FURNISH TRAFFIC
S[GNAL EQUIPMENT ALONG IH-3Q (TOM LANDRY HIGHWAY) FROM BEACH STREET
TO BRIDGEW�OD DRIVE
FISGAL INF�RMATI�NICERTIFICATION:
The Finance Director certifies that u�on approval of the above recommendations and adoption of th�
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated,
of the Contract Stre�t Maintenance �und.
M4:n
Submitted for City Manager's
Of�ce by:
Marc Ot#
Originating Department Head:
Aabert Gaade
Additiona! Information Contact:
Gena Brown
� F[rrrn
� (to)
� GS83
8476 GS93
�
7$04 I (from}
GS93
�
2531 I
� ACCOUI�T I CENTER I AMOUNT
A88100 02093031801D $38,438.96
5412D0 02D930318010 $38,438.96
541200 02093D31$010 $38,�438.98
CITX SECRETARY
APPROVED 9/24/D2
ORD. #1525G