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HomeMy WebLinkAboutResolution - 060977G - Agreement - State Dept Of Highways And Public Transportation - Broadway&Quirtave - 06_09_1977KJ:hw toted" 15 RESOLUTION BE IT RESOLVED BY THE CITY 'COOUNCIL OF THE"`CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and an behalf of the CITY OF LUBBOC an agreement between the City of Lubbock and the State of Texas, acting through the State Department of Highways and Public Transportation, coveri the construction and maintenance of signalization improvements at the intersection of Broadway and !hurt Avenue, in the City of Lubbock, attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of June 1977. RO TITIA MAYOR AffTEST: Treva Phillips, City ecretary-Treasurer APPROVED AS TO FORM: d O. Senter, Jr., City. otw wuo 147J MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT .I STATE OF TEXAS COUNTY OF TRAVIS This AGREEMENT, made this 9th day of June , 1977, by and between the State of Texas, acting through the State Department of Highways. and Public Transportation; hereinafter called the "State", party of the First Part, and the City of Lubbock, Texas, acting by and through its duly authorized officers under an Ordinance/Resolution passed the 9th day -of June , 1977, hereinafter called the "City", party.of the Second Part: W I T N E S S E T H WHEREAS, the State and the City wish to cooperate in the modernization of Signalization at the intersection of Broadway and Quirt Avenue in Lubbock under Section 230 of ,the Federal -Aid Highway Act of 1973 and; WHEREAS, it has been determined that such work is eligible for Federal -Aid participation and; 6MREAS, the State and the City -are in accord as to the type of improvements needed. AGREEMENT NOW THEREFORE, in consideration of the premises and of the mutual convenants and agreements of the parties hereto to be by them respectively kept and per .formed, as hereinafter set forth, it is agreed as follows: 1-7 Koiect Authorization It is understood and agreed between the parties hereto that the City by virtue of the provisions of its charter and the laws of the State of Texas has exclusive control.of and jurisdiction over all streets and public ways within the incorporated limits of such City and that said City has requested and consented to the construction of the project and the State in approving construction of said project does so at the special instance and request of the City. The City, in consideration of the mutual covenants herein contained, does hereby agree to the improvements at the location and in the manner shown on the construction plans to be approved by both parties. It is mutually agreed that as the project is developed to the construction stage both parties shall approve such plans by signature approval thereon, and a copy of such plans will be attached hereto, marked "Exhibit A", and made a part hereof in all respects. F: Construction Responsibilities The City will provide for the adjusting of all utilities as may be required. The construction plans and specifications will be prepared by the City and approved by the State. 90% of the costs incurred by the City for the prepara- tion of construction plans and specifications shall be reimbursed by the State. All construction activities connected with the project will be done by the City, and the State will pay to the City 90% of the cost of said construction on a "Force Account" basis, the specifics to be stated under Special Conditions. Hereafter all references in this Agreement to "reimbursement" or payment" of construction costs by the State to.the City are understood and agreed to mean "reimbursement" or "payment" on a 90% of cost basis. 2-7 Special Conditions The State will reimburse the City for the cost of construction of the improvements at the intersection of Broadway and Quirt Avenue in the manner of construction as described in the plans and'specifications, "Exhibit A", under a "Force Account" basis. Under said "Force Account", payment to the City will be made as follows: 1. The State will reimburse the City for properly supported costs incurred in the .adjustment of their facilities under the terms and conditions of this agree - meet. 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 labor, equipment, materials, supplies, travel expenses, labor additives and warehouse or material handling charges provided the City has paid from City funds their obligations covering items of costs billed. If the City elects to bill for labor additives, equipment and material handling charges, the rates and reimbursements are subject to prior agreement between the State and the City. The State will pay the City as follows A. .Periodic Partial Payments: If the City so elects, the State will make payments monthly as partial payments which must include properly prepared and executed Form 132 and a billing summarizing costs by each classification of costs showing description, quantity, unit price, extensions and total. Labor additives and material handling rates must be shown as a percentage factor and applied to the total cost of labor or materials as applicable. Except, however, the State will not make partial payments in amounts less than $1,000.00 unless it is the final billing. 3-7 B. Final Billing: Upon completion of the project and final acceptance of the project by the State, if the City so elects, the State will make one payment when all wrk is completed and the City has submitted a final and•complete billing of all costs. This billing must include properly prepared and executed Form 132 and a final bill summarized by each classification of costs showing description, quantity, unit price - and extensions and total. Labor additives or burden and material handling rates must be shown as a percentage factor and applied to the total costs of labor or materials as applicable, Unsupported charges or charges after final acceptance by the State will not be considered eligible for reimbursement. Prior to final payment an audit of the records supporting the costs claimed will be made. These records must be made available to authorized representatives of the State and other agencies involved in the funding of this project during the normal workday. All records relating to this project must be maintained by the City for 3 years after receipt of final payment from the State. 2. The City will use labor and supervisory personnel employed directly by the City, and using City -owned machinery, equipment, and vehicles necessary for the work. In the event, the City does not have the necessary machinery, equipment, and vehicles necessary to perform the work; machinery, equipment, and vehicles may be rented or leased as necessary at the low bid price submitted by approved bidders for the equipment, etc. involved, 3. The City will purchase all major items of equipment and material, such as 4-7 traffic signal controllers,traffic signal poles, traffic signal heads, vehicle detectors, conduits, multiple conductor cable and single conductor wire, etc, for the complete improved traffic signal installation, on competitive bids from at least two competent and reputable suppliers. All equipment and materials for use on existing equipment may be purchased by the City from a factory authorized dealer or distributor for the original basic equipment that is being repaired, modified or additions made thereto and the State will reimburse the City for such purchases. On other items of equipment and material,:normally carried in stock by the City, the use of City stock items will be satisfactory and the State will reimburse the City for the cost of such items, provided these hems were purchased on competitive bids obtained from at least two competent and reputable suppliers and provided the State shall have given prior approval to the use of these items. All equipment and materials used for the work shall be new and undepreciated items purchased at the low bid price submitted by approved bidders for the equipment or materials involved. 4. The State shall make suitable, frequent, and complete inspections of all. materials, equipment, and the work of installations to determine and permit certification that the project and its components meet all applicable require- ments of the plans and spedfications for the purpose of constituting a complete improvement, in suitable condition for operation and maintenance by the City after its completion. The State and the City will cooperate to provide for inspections as required by agencies of the United States Government. 5. The City will provide opportunities, facilities, and representative samples to enable the State to carry on suitable, frequent and complete inspection of 5-7 all materials, equipment and installation methods, sufficient to afford deter- mination and certification by the State that all parts of the installation and the component materials and equipment 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 to meet the provisions of plans and specifications, and the City will take such measures as necessary to obtain acceptable systems components and installation procedures without delay. 6. Any equipment and materials from existing installations at this location that is removed by the City from their present location shall become the property of the City. 11 7. The City will operate and maintain the traffic control devices upon completion of the installation, and will be responsible for all costs incident thereto. 8. The City and/or its agents will comply with all Federal, State and local laws, statutes, ordinances, rules and regulations and the order and decrees of any' court or administrative bodies or tribunals in any matter affecting the performances of this Agreement, including without limitation workman's compensation laws, minimum and maximum salary and wage statutes and regulations. When required, the City shall furnish the State with satisfactory proof of its compliance there- with. 9. It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act of 1964. In the event the terms of this Agreement are in conflict with the provisions of any other existing Agreement and/or Contracts between the City and the.State, this Agreement shall take precedence over the existing Agreements and/or Contracts. 6-7 .V, IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed on the aforementioned date. PARTY OF THE FIRST PART 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 State Highway and Public Transportation Commission. By, Ass't. Engineer -Director Under Authority of Commission Minute 70104 Date Recommended for Execution: District Engineer, District Five Director, Finance Division PARTY OF THE SECOND PART CITY OF LUBBOCK r I By: ; Title: Mayor 'j + `e ATTEST: , City Secrets \ 1 1��01 APPROVED AS TO FORM: City Attorney Chief Engineer of Maintenance Operations 7-7