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HomeMy WebLinkAboutResolution - 1005 - Agreement - THPTC - Maintaining Pavement Markings - 01_14_1982JWF:mck RESOLUTION RESOLUTION 1005 - 1/14/82 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a construction and maintenance agreement with the State of Texas as authorized by the State Highway and Public Transportation Commission 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 _14fb day o. , 1982. BILL cALISTER, YOR ATTEST: Evelyn Gaf ga, City Se re r reasurer APPROVED AS TO CONTENT: Bill McDaniel, Traffic Engineering Director APPROVED AS TO FORM: W J. Wort Fullingim, Assistant ty Attorney RESOLUTION 1005 - 1/14/82 riTY SFCRE - ARY-TRUh,URZR CONSTRUCTION AND MAINTENANCE AGREEMENT THE STATE OF TEXAS I COUNTY OF TRAVIS I THIS AGREEMENT made this 14th day of January , 19 83 , by and between the State of Texas, hereinafter referred to as the "STATE". Party of the First Part, and the City of Lub acting by and through its duly authorized officers under an =txma spassed the 14th day of January 19 82 , hereinafter called the "CITY", Party of the Second Part. W I T N E S S E T H WHEREAS, -the State and City wish to cooperate in the pavement marking of various city streets through the City. The improvements will include Retro-reflective Prefabricated Pavement Markings. WHEREAS, the proper improvements have been accepted by the Federal Highway Administration for participation in the Pavement Marking Demonstration Program; and WHEREAS, total federal aid available for this project is limited to the cost of construction, two year maintenance and a project evaluation report; and WHEREAS, State funds are not available for this project; and WHEREAS, the proposed work is to be accomplished as a pavement marking demonstration project as set forth in Title II, Section 205, of the Highway Safety Act of 1973. The project shall be constructed in accordance with "Exhibit A", attached hereto and.made a part hereof. A G R E E M E N T 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: PROJECT AUTHORIZATION. It is understood and agreed between the parties hereto that the City by virtue of the laws of the State of Texas has primary responsibility for control over certain roads within the limits of such City, and that the City has requested and consented to the construction project. The City, in consideration of the mutual covenants herein contained, does hereby agree to the installation of pavement markings on the roadways set forth in the agreed on manner shown on the construction plans. CONSTRUCTION RESPONSIBILITIES. The City will: 1. Maintain the pavement markings applied under the demonstration project for a period of two (2) years upon completion of initial marking. 2. Request reimbursement for replacement material only. 3. Provide traffic control during maintenance operations. The State will: 1. Take bids from qualified bidders for the construction of this project. 2. Provide for the inspection of all phases of the construction project as it progresses. SPECIAL CONDITIONS. The State will reimburse the City for the cost of maintaining pavement markings of various City streets in accordance with the plans and specifications set forth in "Exhibit All, provided said cost is approved by the Federal Highway Administration and paid to the State. 1. The State agrees to reimburse the City for materials purchased to maintain the markings in accordance with the plans. 2. The State will pay to the City as follows: A.. The State will make monthly partial payments to the City upon acceptance by the State of properly prepared and executed Form 132's and billings summarizing costs by each classification of costs showing descriptions, quantity, unit, price, extensions, and total as submitted by the City. This reimbursement will be made in accordance with Federal Procurement Regulations, Parts 1-15. B. Total payment to the City shall not exceed $25,000.00. C. Unsupported charges will not be considered eligible for reimbursement. Prior to final payment, an audit of the records supporting the costs claimed will be made. The 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 three (3) years after receipt of final payment from the State as required by Vol. 1, Chapter 6, Section 2 of the Federal Highway Program Manual. -2- 3. The City will provide for the purchase of all major items of materials and rental of all major items of equipment necessary in the proper maintenance of the pavement markings on competitive bids from at least two competent and reputable suppliers. Bids submitted by a competent and reputable supplier must include bids on both material purchase and equipment rental. Bids shall be considered for award to only those suppliers capable of entering into a "lease -purchase" agreement with the City so that the City may apply the leasing cost of the necessary equipment needed in the maintenance of the markings to the City's purchase of said materials. Approved bidders shall also include in their bid proposal the cost of providing comprehensive training of City labor forces in the proper operation of said equipment necessary to implement the pavement marking program. Bids shall be taken in compliance with Special Provision 000-4371, Minority Business Enterprise Program Requirements, as shown by attachment. 4. The City shall make continuous inspections of all equipment, and the work of maintaining the markings to determine and submit certifi-- cation that the project and its components meet all applicable requirements of the plans and specifications for the two (2) year maintenance period. The State and City will cooperate to provide for inspections as required by agencies of the United States Government in administering the provisions of the Federal Aid Highway Act of 1973 regulations applicable to this Act. 5. An evaluation of the effectiveness of the project in increasing safety of City streets marked under the project is required under the program for financing the proposed improvements in Title II, Section 205, of the Highway Safety Act of 1973. The City and State shall cooperate in collecting and analyzing the necessary data. 6. Accountability of all work done will be form will be completed daily and signed inspectors. All materials quantity and rate, and personnel classification time One original and three copies shall be one copy shall be retained by the State the City. recorded on Form 316. The by both the City and State rate, equipment time and and rate will be listed. completed. The original and and two copies retained by IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the dates shown herein below. -3- ATTEST: Secretar f r thef 111p, APPROVED AS TO CON T ENT BILL cDANI jE� L- RA Approved as to Form: 5st C;tyAt orney for the City // I Executed on behalf of the City this 14th day of January , 19 Q, STATE OF TEXAS Certified as being executed for the purpose and effect of activat- ing and/or carrying out the orders, established policies, or work programs heretofore approved and' authorized by the State Highway and Public Transportation Commission: APPROVED: By: Chief Engineer of Safety and Maintenance Operations. Executed and approved for the State Highway and Public Transportation Commission under authority of Commission Minute 78501 RECOMMENDED FOR APPROVAL: Director, Finance District Engineer -4- A T T A C H M E N T SPECIAL PROVISION MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFR Part 23 shall have the max- imum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Minority Business Enterprise requirements of 49 CFR Part 23 apply to this contract as follows. The"Contractor agrees to insure that -Minority Business Enterprises as defined in 49 CFR Part 23 have the maximum opportunity to partici- pate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. The Contractor and any Subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and perform- ance of contracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above -shall constitute a breach of contract and, after the notification of the Department, may result in termination of the contract by the State or other such remedy as the State deems appropriate. 1-1 000-4371 4-80 RESOLUTION 1105 - 5/13/82 -;Bid 6800 CONTRACT COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 14th day of May, A. D. 1982, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Alan Henry, Mayor Prot.erthereunto authorized to do. so, hereinafter referred to as OWNER, and C & W Housemovers of the City of Lubbock, County of Lubbock and State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the aZZR and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the clearance of certain improvements described as follows: Complete demolition of two two-story structures with basements, all sidewalks, patios and fences. Basement floors must be broken to prevent moisture retention. Large trees should be kept wherever possible. Lot must be leveled to permit proper drainage. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said contruction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWZM agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the contract documents in the sum of $7,775.00 (Seven thousand, seven hundred, seventy- five dollars and no cents). IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. •"M Cilty Secre ry-Treasur f APPROVED AS TO CON= : CITY OF LUBBOCK, TEXAS / la, Mayor ro Tem CONTRACTOR BY: TIT Secretary COMPLETE ADDRESS: