HomeMy WebLinkAboutResolution - 2000-R0423 - TXDOT For Traffic Signal Equipment For Milwaukee Avenue Project - 11/27/2000Resolution No. 2000-RO423
November 27, 2000
Item No. 18
RESOLUTION
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 Agreement for the Furnishing and
Installation of Traffic Signal Equipment by a Municipality between City and the Texas
Department of Transportation, a copy of which Agreement is attached hereto, and any
associated documents, which Agreement shall be spread upon the minutes of this Council
and as spread upon the minutes of this Council shall constitute and be a part hereof as if
fully copied herein in detail.
Passed by the City Council this 27th day of November , 2000.
"A A
WINDY SIT ONN M O
APPROVED AS TO FORM:
Xald G. Vandiver, First
Attorney
DDres/TxDotCon.res
October 31, 2000
Resolution No. 2000-R 0423
November 27, 2000
Item No. 18
CSJ: 0905-06-044
Project: STP 98(542)UM
Highway: Milwaukee Ave.
Limits: From FM 2255 4th St to 34th St.
STATE OF TEXAS §
COUNTY OF TRAVIS §
AGREEMENT FOR THE FURNISHING AND INSTALLING 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 Lubbock Texas,
Lubbock County, Texas, hereinafter called the City, acting by and through its duly authorized
officers as evidence by Resolution No. 2000-80423 , hereinafter acknowledged by reference.
WITNESSETH
WHEREAS, the City has requested the State to reimburse the cost of furnishing and
installing traffic signal equipment at the intersection(s) of 34th St. & Milwaukee, 25th St. &
Milwaukee, 19th St. & Milwaukee, 11 th Pl. & Milwaukee, and 4th St. and Milwaukee, hereinafter
called the Project, and
WHEREAS, the State and City wish to cooperate in the construction of this Project; 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 in the best interest of the City and the State for the City to assist the
State by furnishing and installing traffic signal equipment on the Project; and
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WHEREAS, on this 31 st day of July, 1997, the Texas Transportation Commission passed
Minute Order No. 107218 approving the Project; and
WHEREAS, the Project has been designated as a federal -aid project and thus this
agreement shall be made in accordance with Federal Highway Administration (FHWA)
procedures and regulations; and
WHEREAS, the State is authorized to enter into an agreement with the City for the
Project pursuant to Article 6673-b, V.T.C.S.;
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 in effect as
long as said traffic signal equipment is in operation at the described location and the signal
project is incomplete, or unless otherwise terminated or modified as hereinafter provided.
ARTICLE 2. CONSTRUCTION RESPONSIBILITIES
A. For all items of construction other than furnishing and installing specific 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 prior to award of contract.
B. The furnishing and installing of specific traffic signal equipment will be part of the
construction to be undertaken by the City, and the State will reimburse the City for its
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contribution to the Project, as prescribed under Article 3, "Compensation."
ARTICLE 3. COMPENSATION
A. The maximum amount under this agreement without modification is $40,666. A cost
estimate of the work authorized 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 furnishing and installing 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 City for properly supported costs incurred under the terms
and conditions of this agreement. 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 use, materials, supplies, travel expenses, and warehouse or material handling
charges provided the City has paid from City funds their obligations covering items of costs
previously billed.
D. The City shall comply with the cost principles established in OMB Circular A-87, "Cost
Principles for State and Local Governments."
ARTICLE 4. PAYMENTS
A. The City shall submit 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.
B. An original and one (1) copy of the Billing Statement should be submitted to the
following address: Texas Department of Transportation
Attn. Ron Baker P.E. Urban Area Engineer
P.O. Box 771
Lubbock, Texas, 79408-0771
C. All billing statements shall be properly documented, summarizing the costs and
description of work performed, quantity of materials and devices, unit price, labor costs, and
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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 in the best interest of the State.
ARTICLE 5. PERSONNEL, EQUIPMENT, AND MATERIAL
A: The City will use 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
City does not have the necessary machinery, equipment, and vehicles necessary to perform the
work, the City will follow applicable federal and state laws, rules, and regulations relating to
procurement of goods and services with federal and state funds and accounting for federal and
state funds. These applicable requirements may include the following:
(1) Engineering and architectural services must be procured in accordance with 23
CFR 172 and with Texas Government Code 2254 subchapter A.
(2) In the event the City awards contracts for construction services or performs work
with City forces, the City will conform with 23 CFR 635 and 23 CFR 633, as applicable.
FHWA Form 1273 shall be included in any contracts awarded for construction. The State will
review and approve the contract letting and award process of the City prior to the letting of such
contracts. In the event the City performs force account work, the City must comply with 23
CFR 635 Part B, which requires that a finding of cost effectiveness be made.
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 in 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.
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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 permit certification that the Project and
its components meet all applicable requirements of the plans and specifications in 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 inspection of all
materials, and application methods, sufficient to afford determination 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
A. 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 a consequence of failure by the
City to satisfactorily perform the services and obligations set forth in this
agreement, with 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.
If the agreement is terminated in accordance with the above provisions, the City will be
responsible for the payment of Project costs incurred by the State on behalf of the City up to the
time of termination.
(4) Upon completion of the terms of this agreement.
B. If, at any time, the City fails to assume the construction responsibilities as prescribed
herein or the maintenance and operation responsibilities for the City's portion of the traffic signal
equipment in a satisfactory manner as determined by the State, the State reserves the right to
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assume the construction responsibilities and/or to arrange for the maintenance and operation
responsibilities at the expense of the City.
C. The termination of this agreement shall extinguish all rights, duties, obligations and
liabilities of the State and City under this agreement. If the potential termination of this
agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein,
the State will notify the City that possible breach of contract has occurred. The City should make
every effort to remedy the breach as outlined by the State within a period mutually agreed upon
by both parties.
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 may be availed of
by either party and shall be cumulative.
ARTICLE 10. DISPUTES
The City shall be responsible for the settlement of all contractual and administrative issues
arising out of procurement entered into in support of contract work.
In the event of a dispute concerning the work performed hereunder the Executive Director of the
State shall act as referee, and his decision shall be final and binding.
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Any dispute concerning the work performed hereunder, the cost of work performed hereunder, or
any non -procurement issue shall be settled in accordance with Title 43, Texas Administrative
Code, Section 1.68, "Contract Claim Procedure."
ARTICLE 11. SUBCONTRACTS
Any subcontract for services rendered by individuals or organizations not a part of the City's
organization shall not be executed without prior authorization and approval of the subcontract by
the State and, when federal funds are involved, the U.S. Department of Transportation.
Subcontracts in excess of $25,000 shall contain all required provisions of this contract.
No subcontract will relieve the City of its responsibility under this contract.
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.
ARTICLE 13. INSURANCE
(Mark out the following paragraph that is not applicable)
A.
Dr4aw to.
amaintonanee and epefmion
B. Self Insured
Prior to the City performing any work on this Project, the City shall furnish to the State a
completed Certification of Insurance (Form 20.102, latest version) and shall maintain its self-
insurance program in full force and effect as long as this Project lasts and the City is responsible
for the furnishing, installing, maintenance, and operation of the traffic signal equipment. The
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State understands that the City is a self insured entity for public liability purposes.
ARTICLE 14. SUCCESSORS AND ASSIGNS
The City shall not assign or otherwise transfer its rights or obligations under this agreement
except with the prior written consent of the State.
ARTICLE 15. INSPECTION OF CITY'S BOOKS AND RECORDS
The City shall maintain all books, documents, papers, accounting records and other
documentation relating to costs incurred under this agreement and shall make such materials
available to the State, the Local Government, and, if federally funded, the Federal Highway
Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized
representatives for review and inspection at its office during the contract period and for four (4)
years from the date of completion of work defined under this contract or until any impending
litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA
and their duly authorized representatives shall have access to all the governmental records that
are directly applicable to this agreement for the purpose of making audits, examinations,
excerpts, and transcriptions.
ARTICLE 16. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof, and this agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
ARTICLE 17. 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 in Travis
County, Texas.
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ARTICLE 18. PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties hereto and supersedes any
prior understanding or written or oral agreements between the parties respecting the within
subject matter.
ARTICLE 19. OFFICE OF MANAGEMENT AND BUDGET (OMB) AUDIT
REQUIREMENTS
The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502,
ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A-128
through August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000.
ARTICLE 20. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS
The City shall adhere to the procurement standards established Title 49 CFR Part 18.36 and the
property management standards established in Title 49 CFR Part 18.32.
The City shall maintain procurement standards which meet or exceed the requirements, as
appropriate, outlined in the Federal Office of Management and Budget Circular A-87, Cost
Principles for State and Local Governments.
ARTICLE 21. COMPLIANCE WITH LAWS
The City shall comply with all federal, state and local laws, statutes, ordinances, rules and
regulations, and the orders and decrees of any court, administration bodies, or tribunals in any
matter affecting the performance of the agreement, including without limitation worker's
compensation laws, minimum and maximum salary and wage statutes and regulations, and
licensing laws, permits and regulations. When required, the City shall furnish the State with
satisfactory proof of compliance.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
The City shall comply with the regulations of the Department of Transportation as they relate to
nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246
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titled "Equal Employment Opportunity," as amended by Executive Order 11375 and
supplemented in the Department of Labor Regulations (41 CFR Part 60).
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
REQUIREMENTS
The parties shall comply with the Disadvantaged/Minority Business Enterprise Program
requirements established in 49 CFR Part 26.
ARTICLE 24. DEBARMENT CERTIFICATION
(APPLICABLE TO AGREEMENTS WHICH EXCEED $100,000)
The City prohibited from making any award at any tier to any parry that is debarred or suspended
or otherwise excluded from or ineligible for participation in Federal Assistance Programs under
Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require
any party to a subcontract or purchase order awarded under this contract to certify its eligibility to
receive Federal funds and, when requested by the State, to furnish a copy of the certification in
accordance with Title 49 CFR Part 29 (Debarment and Suspension).
ARTICLE 25.SIGNATORY WARRANTY
The signatories to this agreement warrant that each has the authority to enter into this agreement
on behalf of the parry represented.
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IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the
agreement.
C Y OF LUBBOCK
WINDY SIT`P N,1VIA O
ATTEST:
Secretary
AS TO CONTENT:
Je D. art, Jr., P.E., Ci Traffic Engineer
APPROVED AS TO FORM:
N VANDIVER, Assistant City Attorney
THE STATE OF TEXAS
November 27, 2000
(Date)
November 27, 2000
(Date)
(Date)
�' /�' C Z' C) o
(Date)
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out the orders, established policies or work programs heretofore
approved an horized by the Texas Transportation Commission.
/`z �«
Carl R. Utley, P.E., District Engi eer (Date)
Exhibit A: Cost Estimate
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