HomeMy WebLinkAboutResolution - 6075 - Agreement - TXDOT - Streetscape Improvements, Cost Sharing - 10_22_1998Resolution No. 6075
Item No. 31
October 22, 1998
RESOLUTION
WHEREAS, the City Council of the City of Lubbock deems it to be in the
best interests of the citizens of the City of Lubbock to participate in the Texas
Department of Transportation's Landscape Cost Sharing Program for Streetscape
improvements at 19t' Street and the IH 27 West Frontage Road; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an "Application for Landscape Cost
Sharing Program;" an Agreement with the Texas Department of Transportation to
participate in such program; and any other related documents in connection with
Streetscape improvements at 19'' Street and the IH 27 West Frontage Road. Said
Application and Agreement are attached to this Resolution and shall be a part hereof as if
fully set forth herein in detail.
Passed by the City Council this 220d_ day of _October , 1998.
WINDY SI ON, MAYOR
ATTEST:
AMP
kaj�j Darnell, City Secretary
APPROVED AS TO CONTENT:
im B am, Managing Director of
Shatejc Planning
APPROVED AS TO
De6ald G. Vandiver, First Assistant
Attorney
Ddres/lanscape.res.doc
October 2, 1998
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT is made by and between the State of Texas, acting by
and through the Texas Department of Transportation, hereinafter called the "State",
and the City of Lubbock, acting through its duly authorized officials, as evidenced
by Resolution or Ordinance Number 6075 , dated October 22 ,1998,
hereinafter called the "City".
WITNESSETH
WHEREAS, the State owns and maintains a system of highways, including IH
27 and US 62, in Lubbock County, Texas, for public use and benefit; and
WHEREAS, the City has requested State participation in a 1999-2000
Landscape Cost Sharing Program project along US 62, at the IH 27 west frontage
road in Lubbock, hereinafter called the "Project"; and
WHEREAS, the City has committed to cooperating with the State by
providing a total non -cash contribution of $49,825.00 toward the completion of the
Project, which sum represents the agreed, fair -market value for providing all labor,
equipment and incidentals to install curbing and irrigation, and labor and incidentals
to install furnished plant material and landscape pavers; and
WHEREAS, Texas Transportation Commission Minute Order 1070931 dated
2, February,1997 authorizes the State to cooperate with the City in the
development of the Project by providing State funds which will be used to purchase
the plant material, irrigation materials, concrete and the landscape pavers in
accordance with the Project Design Plan;
NOW THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto be by them respectively kept and
performed as hereinafter set forth, the State and the City do mutually agree as
follows:
Page 1 of 7
Resolution No. 6075
Item No. 31
October 22, 1998
AGREEMENT
ARTICLE 1. Term of Agreement.
This Agreement becomes effective when finally executed (signed) by the
State and shall terminate upon satisfactory completion of the work as called for in
the Project Design Plan and as stipulated within this Agreement, unless otherwise
terminated as provided hereinafter.
ARTICLE 2. Project Design Plan.
The City shall prepare and furnish the Project Design Plan. The Project Design
Plan shall be incorporated into this Agreement by reference.
ARTICLE 3. Project Funding.
The total estimated cost of the Project is $96,075.00, and shall be funded
jointly by the State and the City. State funds in an amount estimated not to
exceed $46,250.00 will be utilized to purchase all landscape plant material,
irrigation materials, concrete and the landscape pavers. The City's total non -cash
contribution is $49,825.00 and represents the agreed, fair -market, non -cash value
for labor and equipment to install plant material, irrigation system, concrete curb
and gutter, and landscape pavers supplied by the State.
ARTICLE 4. Responsibility of the Parties.
A. The City agrees to:
1. Indemnify and save harmless the State, its agents and
employees, from all suits, actions or claims and from all liability
and damages for any and all injuries or damages sustained by
any person, or by any abutting, adjoining or other property in
consequence of any neglect in the performance, or failure of
performance of the City, its agents and employees under this
Agreement, to the extent allowed by State Law.
2. Indemnify, defend and hold the State harmless from any and all
claims and lawsuits by third parties arising from, or incident to
the performance, or failure of performance of the City, its
officers, employees or agents under this Agreement to the
extent allowed by State Law. The City shall defend all suits
brought upon all such claims and lawsuits and pay all costs and
expenses incidental thereto, but the State shall have the right,
at it's option and expense, to participate in the defense of any
suit, without relieving the City of any obligation hereunder.
Page 2 of 7
3. Furnish all labor, equipment and incidentals required to install
furnished landscape plant material, irrigation system, concrete
curb and gutter, and landscape pavers supplied by the State.
4. Furnish, erect and maintain any barricades, signs and traffic
handling devices, in accordance with the latest Manual of
Uniform Traffic Control Devices, and to the satisfaction of the
State, as may be required to protect the safety of the traveling
public while performing any work on the project under this
agreement.
5. Maintain the project for a period of 24 months according to the
Landscape Cost Sharing Program.
6. After the required maintenance for the Landscape Cost Sharing
Program, the City agrees to take over long term maintenance of
the project.
B. The State agrees to:
1. Obligate State funds in the amount of $46,250.00 which will
be utilized to purchase the following approximate quantities
materials:
5
Lb.
16d Duplex nails, bright.
2
Lb.
8d nails, bright.
12
Rolls
tie wire, 16 gage, 4 Lb. Rolls.
1
Roll
Duct Tape, (2" x 60'►.
300
EA
rebar chairs, 2" plastic.
140
EA
dowels, #6 deformed, 6" long.
8
EA
dowels, #6 smooth, 18" long w/sleeve.
10
Gal.
Curing compound, clear.
10
SF
expansion joint material, '/2" thick.
2
Rolls
string, nylon, #36 x 225' long.
10
EA
2"x4"x8', #2 grade (or better), straight.
2
EA
2"x4'x16', #2 grade (or better), straight.
2
EA
2"x6"x16', #2 grade (or better), straight.
40
EA
2"x12"x10', #2 grade (or better), straight.
4
EA
plywood, 4'x8'x1 /4" BCX (or better).
100
EA
wooden stakes for concrete forms 1 "x2"x18".
4
EA
1 " Inside diameter. pipe, 8' or 10' joints.
8
EA
Trees, dug up, moved, and re -planted.
23,000 EA
Brick Pavers, Acme Brick, TUP - 20 (brownish).
69,000 EA
Brick Pavers, Acme Brick, TUP - 2 (reddish color)
250
CY
Sand, masonry.
25
CY
Concrete, Class A, 3000 psi (min) @ 28 days
[5 sack (min.), 6.5 gallons water (max.), 4"
slump (max.)] with Fibermesh and 5% air.
Page
3 of 7
2000 LF
20 LF
200 LF
1 EA
1 EA
2 EA
3 EA
17 EA
1 EA
18 EA
32 EA
1 EA
1 EA
Rebar, #4 deformed.
PVC Pipe, All polyvinyl chloride pipe shall be
Class 200, SDR 21 unplasticized polyvinyl
chloride, Type 1, Grade 1.
Polyethylene Line, All polyethylene line shall
be %" with 0.710" Outside dia. And 0.610"
Inside diameter.
Valve, Quick Coupler Valve, Rainbird 44Rc
or approved equal.
Double check valve with double ball valves
(back flow prevention). Watts Series
805Y or approved equal.
Zone valve. Spars Ball Valve 2339-010.
True union style.
Valve box, Brooks model 1419 or approved
equal.
Emitters:
Tubing Fittings, compression tubing fittings,
%" Inside dia. Tee - Agricultural Products
710 C3T or approved equal.
Tubing Fittings, compression tubing fittings,
%" Inside dia. Connector - Agricultural
Products 710 CC/RCC or approved equal.
Tubing Fittings, compression tubing fittings,
'/4" Inside dia. Hose Closure, Agricultural
Products 700-AP8 or approved equal.
Drip emitter, Hardie Turbo -Key SC #DPJ08,
2GPH
Pressure Regulator, Watts #PTPR 10,
10 psi closed.
Ring Filter, Arkal or approved equal.
2. Prepare and submit requisitions for landscape material in
accordance with existing statutes relating to the purchase of
material with State funds.
3. Furnish material, after receipt, to the City.
4. Cooperate with the City to determine requirements for
barricades, signs and traffic handling devices to be used by the
City during the installation and maintenance of the Project.
Page 4 of 7
ARTICLE 5. Overruns/Underruns.
The State will make recommendation of award for the bid or bids received
for required landscape material as follows:
1. If, after receiving bids for required landscape material, the cumulative
total of the lowest bid or bids exceeds $46,250.00, the State, in order
to insure that available State funds are not exceeded, and at its sole
option, may reject any or all bids, revise the quantity of materials to be
furnished and resubmit the bids.
2. If, after receiving bids for required landscape material, the cumulative
total of the lowest bid or bids does not exceed $46,250.00, the State
will recommend award of the bid or bids. Unless, in the sole opinion
of the State, it is determined that the furnishing of additional materials
with any remaining State funds is in the best interest of the Project,
the State will not purchase materials in excess of the quantity
requested by the City in the City's proposal and as shown in the
Project Design Plan as would be necessary to insure the full amount of
State funds obligated for this Project is expended.
ARTICLE 6. Disputes.
Should disputes arise as to the party's obligations under this Agreement, the
State's decision shall be final and binding.
ARTICLE 7. Amendments.
Changes in time frame, character, cost or obligations herein shall be enacted
by written amendment. All amendments to this Agreement must be executed by
both parties within the contract period specified in Article 1.
ARTICLE 8. Successors and Assigns.
The State and the City shall not assign or otherwise transfer its rights and
obligations under this Agreement except with prior written consent of the other
party, and any prohibited assignment or transfer shall be null and void.
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.
Page 5 of 7
ARTICLE 10. Insurance.
At the time of execution (signature) of the Agreement by the City, the City
shall attach required insurance documentation to each Agreement counterpart.
If the City is a self -insured entity and performs any work on the Project with
City Forces, the City shall extend the protection of its self-insurance to the State
for any and all damages and injuries arising from the City's performance under this
Agreement.
If the City is not a self -insured entity and performs any work on the Project
with City Forces, the City shall furnish the State with a completed Certificate of
Insurance (TxDOT Form 20.102), and label such documentation EXHIBIT A.
If the City performs any work on the Project through a contractor or contractors
selected through the City's low -bid procedure, the City shall require its contractor
or contractors to furnish the State with a completed Certificate of Insurance,
(TxDOT Form 20.102), and shall insure the contractors maintain such insurance
during the term of the Agreement.
ARTICLE 11. Gratuities.
Texas Transportation Commission policy mandates that employees of the
Department shall not accept any benefits, gifts or favors from any person doing
business or who reasonably speaking may do business with the State under this
contract. The only exceptions allowed are ordinary business lunches and items that
have received advanced written approval of the Texas Department of
Transportation Executive Director. Any person doing business with or who may
reasonably speaking do business with the State under this contract may not make
any offer of benefits, gifts or favors to Departmental employees, except as
mentioned here above. Failure on the part of the City to adhere to this policy may
result in the termination of this contract.
ARTICLE 12. Termination.
This Agreement may be terminated by any of the following conditions:
A. By mutual agreement and consent of both parties.
B. By either party upon thirty days written notice to the other party.
C. By either party, upon the failure of the other party to fulfill its
obligations as set forth in this Agreement.
Page 6 of 7
D. By satisfactory completion of all services and obligations described
herein.
Should the City terminate this Agreement, as prescribed here above, the City
shall, at the option of the State, reimburse any reasonable costs incurred by the
State.
IN TESTIMONY WHEREOF, the State and the City have executed duplicate counterparts to
effectuate this Agreement.
THE CITY OF LUBBOCK
The Honorable Windy Sitton
Mayor
City of Lubbock
ATTEST:
Kayt i Darnell, City Secreta
APPROVED AS TO CONTENT:
THE STATE OF TEXAS
Certified as being executed for
the purpose and effect of
activating and/or carrying out
the orders, established policies
or work programs heretofore
approved and authorized by the
Texas Transportation Commission
District Engineer
Lubbock District
Date: O Z y r�
Jim "rtm, Director of Strategic Planning
APPROVED AS TO FORM:
Dona G. Vandiver, First Assistant City Attorney
Page 7 of 7