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HomeMy WebLinkAboutOrdinance 14567ORDINANCE NO 1~~ AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE STREET IMPROVEMENTS FUND IN THE AMOUNT OF $16,473.84 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE PURPOSE OF FUNDING AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING OF TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY AT THE FOLLOWING LOCATIONS. FM157/PIPELINE ROAD, FM157/TRINITY BOULEVARD AND FM157/GALLOWAY CEMETERY ROAD; PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 That in addition to those amounts allocated.to the various City departments for the Fiscal Year 2000/01 and in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Street Improvements Fund in the amount of $16,473.84 from available funds for the purpose of funding an agreement with the Texas Department of Transportation for the furnishing of traffic signal equipment by a municipality at FM157/Pipeline Road, FM157/Trinity Boulevard and FM157/Galloway Cemetery Road. SECTION 2. Should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3 That this ordinance shall be cumulative of Ordinance No 14286 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. ' APPRO ED AS TO FORM AND LEGALITY ~~ Assistant Attorney 3/ZS o/ Date ~~ ~0 ~ ' Adopted ~~ jQ) Effectivell Agreement No 1XX1\~I5008 STATE OF TEXAS COUNTY OF TRAVIS AGREEMENT FOR THE 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 authonzed officers as evidence by Resoluhon/Ordmance No 11516. ,hereinafter acknowledged by reference WITNESSETH WHEREAS, the State owns and maintains a system of highways and roadways, including Fm 157 with Pi~ehne Tnmty and Calloway Cemetery , m the City of Fort Worth ,and WHEREAS, the City has requested the State to reimburse the cost of funisling traffic signal equipment at the intersection of Fm 157 with Pipeline Tnnity and Calloway Cemetery (CSJ. 0747-03-073) hereinafter called the "Protect," and WHEREAS, the State and City wish to cooperate m the construction of this Protect; 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 m the best interest of the Crty and the State for the Crty to assist the FTSEM. STATE 1 1-97 Page 1 of 9 State by furruslung traffic signal equipment on the Project; and WHEREAS, on the 28~` day of September 2000 ,the Texas Transportation Commission passed Minute Order Number 108310 ,approving the Prod ect; and WHEREAS, the State is authonzed to enter into an agreement with the City for the Project pursuant to Section 220, Texas Transportation Code, AGREEMENT 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 m effect as long as said traffic signal equipment is m operation at the described location and the signal project is incomplete, or unless otherwise tenYUnated or modified as hereinafter provided. ARTICLE 2. CONSTRUCTION RESPONSIBILITIES A. Foi all items of construction other than fixrruslung 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 pnor to award of contract. FTSEM. STATE 1 1-97 Page 2 of 9 B. The furruslung of the traffic signal equipment will be part of the construction to be r 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 $ 16.473.84 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 funuslung 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 Crty for properly supported costs incurred under the terms and conditions of this agreement. Costs incurred pnor to the issuance of a wntten "Work Order" by the State will not be reimbursed. Reimbursement will be made by the State to the City for applicable labor, equipment use, matenals, supplies, travel expenses, and warehouse or material handling charges provided the City has paid from City funds their obligations covenng items of costs previously billed. ARTICLE 4. PAYMENTS A. The City shall subrrut 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. FTSEM. STATE 1 1-97 Page 3 of 9 B. An original and four (4) copies of the Billing Statement should be submitted to the following address Texas Department of Transportation P.O. Box 6868 Fort Worth Texas 76115 C. All billing statements shall be properly documented, summarizing the costs by description of work performed, quantity of materials and devices, umt 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 m the best interest of the State ARTICLE 5. PERSONNEL, EQUIPMENT, AND MATERIAL A. The Crty 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 Crty 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 pace 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 m 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. FTSEM. STATE 1 1-97 Page 4 of 9 ARTICLE 6. INSPECTION 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 perimt certification that the Protect and its components meet all applicable requirements of the plans and specifications nn 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 nspection of all materials and applncatnon methods, sufficient to afford determnnatnon 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 consequence of failure by the City to satisfactorily perform the services and obligations set forth in thus agreement, wrath 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 FTSEM. STATE 1 1-97 Page 5 of 9 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 maybe availed of by either party and shall be cumulative ARTICLE 10. DISPUTES Should disputes arse as to responsibilities and dbligations 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 FTSEM.STATEI 1-97 Page 6 of 9 i ARTICLE 13. SUCCESSORS AND ASSIGNS The City shall not assign or otherwise transfer nts rights or obligations under this agreement except with the prior written consent of the State ARTICLE 14. INSPECTION OF CITY'S BOOKS AND RECORDS The State shall, for purpose of termnnatnon of the agreement prior to completion, examine the books and records of the Cnty for the purpose of checking the amount of the work performed and/or materials funushed by the Crty at the time of contract termnnation, The Crty 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 nts duly authorized representatives for revnew and inspection at rts 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 applncable to this contract for the purpose of making audnts, examinations, excerpts and transcnptnons. ARTICLE 15. LEGAL CONSTRUCTION In case any one or more of the provisnons contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable nn any respect, such invalidity, illegalnty,or unenforceabilrty shall not affect any other provision thereof and thus agreement shall be construed as of such invalid, illegal, or unenforceable provision had never been contained herein. FTSEM. STATE 1 1-97 Page 7 of 9 ARTICLE 16. 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 m Travis County, Texas. ARTICLE 17. PRIOR AGREEMENTS SUPERSEDED Tlus agreement constitutes the sole and only agreement of the parties hereto and supersedes any pnor understandings or wntten or oral agreements between the parties respecting the within subject matter FTSEM.STATEI 1-97 Page 8 of 9 IN WITNESS WHEREOF, the State and the Crty have signed duplicate counterparts of the agreement. The City of Fort Worth THE STATE OF TEXAS By' (Signature) Mike Groomer Assistant City Manager (Typed Name and Title) (Date) ATTEST City Secretary (Date) Contract Authorization Date (Date) Approved as to Form and Legalrty~ Gary temberger Assistant City Attorney FTSEM. STATE 1 1-97 Page 9 of 9 Executed for the Executive Director and approved for the Texas Transportation Commission under the Authority of Minute Order 100002 and Stand Alone Manual Notice 96-6, for the purpose and effect of activating and/or carrying out the orders, established policies or work programs by the Texas Transportation Commission. APPROVED Bv~ Distract Engineer Fort Worth Distract City of Fort Worth, Texas ~11~A~ar And Caunc~l a1111r1un1cA~l~in C DATE REFERENCE NUMBER LOG NAME PAGE 3/27/01 **C-18512 20SIGNAL 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING OF TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY AT THE FOLLOWING LOCATIONS FM157/PIPELINE ROAD, FM157/TRINITY BOULEVARD AND FM157/GALLOWAY CEMETERY ROAD RECOMMENDATION It is recommended that the City Council 1 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Street Improvements Fund in the amount of $16,473 84 from the Texas Department of Transportation (TxDOT) for the purpose of furnishing equipment for traffic signals, and 2 Authorize the City Manager to execute an agreement with TxDOT for the furnishing of traffic signal equipment by a municipality at the following intersections FM157/Pipeline Road, FM157/Trinity Boulevard and FM157/Galloway Cemetery Road for an amount of $16,473 84 DISCUSSION TxDOT anticipates a letting for construction this month to widen FM157 from two lanes to six lanes. Traffic signals will be installed at the three locations which are included in the roadway project. The City has no involvement with the construction phase of this project. Once the signals are installed and have been in operation for one month, the locations will be added to the State Maintenance Agreement whereby the City will take over maintenance Under the terms of this agreement, the City will furnish and be reimbursed by TxDOT for the following equipment and amounts shown Equipment Cost Controller cabinet (332 cabinet) $ 3,860 00 Type 170 controller $ 921.28 Conflict monitor $ 410 00 Equipment make ready for installation $ 300.00 Subtotal $ 5,491.28 Total for 3 intersections $16,473.84 These intersections are located in COUNCIL DISTRICT 5, Mapsco 55T and 55X. The Transportation and Public Works Department will be responsible for the collection of these funds from TxDOT City of Fort Worth, Texas A~a~ And Caunc~l C,ammun~cAt~an ~~ DATE 3/27/01 REFERENCE NUMBER **C-18512 LOG NAME 20SIGNAL PAGE 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING OF TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY AT THE FOLLOWING LOCATIONS FM157/PIPELINE ROAD, FM157/TRINITY BOULEVARD AND FM157/GALLOWAY CEMETERY ROAD FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that upon adoption of the attached appropriation ordinance and completion of the above recommendations, funds will be available in the current capital budget, as appropriated, of the Street Improvements Fund MG k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 1) C115 488100 020115031701 $16,473.84 ~~Q~~[~ Mike Groomer 6140 1) C115 541200 020115031701 $16,473.84 CBTY CCUNCl~. Originating Department Head: NiAR ~" 20'~t Hugo Malanga 7801 (from) 2) C115 541200 020115031701 $16,473.84 ~~~~ Additional Information Contact: ` m4 tho City Secretary City cf Fcsrt WoxtT-,'~a~sas Hugo Malanga 7801 Adopted Ordinance No.