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HomeMy WebLinkAboutResolution - 2000-R0446 - Agreement With TXDOT To Install 12 Type 170 Traffic Controllers And Cabinets MSF - 12/14/2000Resolution No. 2000—RO446 December 14, 2000 Item No. 17 RESOLUTION 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, by and between the City of Lubbock and the Texas Department of Transportation, an Agreement for the installation of "170" Traffic Controllers and Cabinets, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of December 2000. WITON, MAYOR ATTEST: APPROVED AS TO CONTENT: l Je D. Hart, Jr., P.E. JV Traffic Engineer APPROVED AS TO FORM: William de Haas Contract Manager/Attorney DIv Ins tall ati on of" 170" Traffic Control leis. Res November 30, 2000 Resolution No. 2000-RO446 December 14, 2000; Item No. 17 LUBBOCK COUNTY CSJ:0905-06-055 Traffic Signal Systems STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For the Installation of "170"Traffic Controllers and Cabinets THIS AGREEMENT (the 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 by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21" Century (TEA -21) codified under Title 23 U.S.C. Section 101 et seq., authorize transportation programs to meet the challenges of protecting and enhancing communities and the natural environment and advancing the nation's economic growth and competitiveness; and WHEREAS, ISTEA and TEA -21 establish federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, on January 29, 1999 the Texas Transportation Commission passed Minute Order 107737, see Attachment "A", authorizing the State to undertake and complete a highway improvement generally described as the installation of a traffic signal systems; and, WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution dated1 §11114 `;(e; which is attached hereto and made a part hereof as Attachment "B" for the installation of "170" traffic controllers and cabinets at the location listed in Attachment "C" hereinafter referred to as the Project. LUBBOCK COUNTY CSJ: 0905-06-055 Traffic Signal Systems 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; AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work Installation of "170" traffic Controllers and Cabinets at the locations listed in Attachment "C". 3. Local Project Sources and Uses of Funds a. The total estimated cost of the Project is shown in Attachment "D" to this Agreement. The expected cash contributions from the federal or State government, the Local Governments, or other parties is shown in Attachment "D". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. b. This project cost estimate shows how necessary resources for completing the project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. c. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. d. the State dete Y, -,;,,o- that .,a,a;tiaig ] f;,,,a;rn ic paniii=Qd i.:w tho r i Mo r ,,,..,i r ..,o,.,,,,o,,, .�,;ii ,,.,.,i>o e,,,- in tbsa ct„+o mr4h;r ,-birts, (IM a,,.. 4. Termination of this Agreement This Agreement shall remain in effect until the project is completed and accepted by all parties, unless: a. the Agreement is terminated in writing with the mutual consent of the parties, or; 2 LUBBOCK COUNTY CSJ: 0905-06-055 Traffic Signal Systems b. because of a breach of this Agreement. Any cost incurred due to a breach of contract shall be paid by the breaching party. 5. Amendments Amendments to this Agreement due to changes in the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities If the required right of way encroaches upon existing utilities and the proposed project requires their adjustment, removal or relocation, the Local Government will be responsible for determining the scope of utility work and notify the appropriate utility company to schedule adjustments. 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. a. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. b. The State is responsible for the cost of any environmental problem's mitigation and remediation. c. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. d. The Local Government shall provide the State with written certification from appropriate regulatory agency(ies) that identified environmental problems have been remedied. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility 3 LUBBOCK COUNTY CSJ: 0905-06-055 Traffic Signal Systems requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and special provisions related thereto. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. 11. Construction Responsibilities a. The Local Government will perform all work involving the installation of the "170" controllers and cabinets using force account resources. b. Prior to their execution, the State will be given the opportunity to review contract change orders that will result in an increase in cost to the State. c. Upon completion of the Project, the party constructing the project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. d. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Part B. 12. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 13. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property 14. Notices LUBBOCK COUNTY CSJ: 0905-06-055 Traffic Signal Systems All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: Mr. Steve Warren, P.E._ TxDOT- Lubbock District P.O. Box 771 Lubbock, Texas 79408 Local Government: Mr. Jeryl D. Hart, Jr., P.E. Traffic Engineer- City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 15. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. LUBBOCK COUNTY CSJ: 0905-06-055 Traffic Signal Systems 18. Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR § 18.36 and with the property management standard established in Title 49 CFR § 18.32. 22. Inspection of Books and Records The parties to this Agreement 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. 23. Office of Management and Budget (OMB) Audit Requirements The parties 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. LUBBOCK COUNTY CSJ: 0905-06-055 Traffic Signal Systems 24. Civil Rights Compliance The Local Government 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 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 25. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. 26. Debarment Certifications The parties are prohibited from making any award at any tier to any party 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). 27. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 7 LUBBOCK COUNTY CSJ: 0905-06-055 Traffic Signal Systems c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the individual projects and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. LUBBOCK COUNTY CSJ: 0905-06-055 Traffic Signal Systems IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. il mw)l� �I WINDY SITTON, MAYOR ATTEST: APPROVED AS TO CONTENT: Jery . Hart, Jr., P.E., City Traffic ngineer APPROVED AS TO FORM: William de Haas, Contract Manager/ Attorney THE STATE OF TEXAS December 14, 2000 (Date) December 14, 2000 (Date) l2—$ -ADD (Date) (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 and authorized by the Texas Transportation Commission. Jenn r D. 901dano, Director (Date) Contract Services Office 01 VARIOUS County District VARIOUS ATTACHMENT A Resolution No. 2000-RO446 TEXAS TRA,`-SPORTAT!ON COMMISSION ,N1LNUTE ORDER Page 1 of = The UNIFIED TRANSPORTATION PROGR.A-M (L7P) of the Texas Department of Transportation ( the "department's is a ten-year pian which authorizes project planning, deveiopment and construction and is submitted to the Texas Transportation Commission (the "commission") for approval on an annual basis. Minute'Order 102992, dated November 30, 1993, approved the handling of several of the categories of the UTP as bank balance programs and directed that any future program amounts and allocation formulas for the bank balance allocation programs be returned to the commission for approval. IT IS THEREFORE ORDERED by the commission that the annual program amounts and allocation formulas listed in the following Exhibits be approved, and that projects be developed in these programs on an as -needed basis: Exhibit A - Category 2, Interstate Maintenance 2003 Interstate Rehabilitation Program Exhibit B - Category 3, National Highway System 2003 National Highway System Rehabilitation Program Exhibit C - Category 4, Surface Transportation Program (STP) 2001-2003 Federal Hazard Elimination Program 2000 Federal Railroad Signal Program 2001-2003 Federal Railroad Signal Program 2003 STP Metro Mobility/Rehabilitation Program 2003 STP Urban Mobility/Rehabilitation Program 2003 STP Rural Mobility/Rehabilitation Program 2003 STP Urban/Rural Rehabilitation Program Exhibit D - Category 5, Congestion Mitigation and Air Quality 2003 Congestion Mitigation and Air Quality Program Exhibit E - Category 7, State Preventive Maintenance 2001-2003 Preventive Maintenance Program Exhibit F - Category 8, State Farm to Market Roads 2001-2003 Farm to Market/Ranch to Market Road Rehabilitation/Restoration Program Exhibit G - Category 9, State Park Roads 2002-2004 State Park, Fish Hatcheries, Wildlife Management Area and Support Facility Program A-1 VARIOUS County District VARIOUS TEXAS TRANSPORTATION COh1,1ISSION MINUTE ORDER Page 2 of 2 Exhibit H - Category 10, State R&abilitation of Signs, Signals and Pavement Markings 2001-2003 Traffic Control Devices Program 2001-2003 Rehabilitation of Traffic Management Systems Program Exhibit I - Category 11, State District Discretionary 2001-2003 District Discretionary Program Exhibit J - Category 13, North American Free Trade Agreement (NAFTA) Discretionary 2001-2003 Discretionary Program for NAFTA Related Projects Exhibit K - Category 14, State Rehabilitation/Restoration 2001-2003 State Rehabilitation/Restoration Program Exhibit L - Category 16, Miscellaneous 2000-2002 Railroad Grade Crossing Replanking Program 2000-2002 Railroad Signal Maintenance Program 2001-2003 Construction Landscape Program 2001-2003 Landscape Cost Sharing Program 1999-2001 Landscape Incentive Awards (Governor's Community Achievement Awards) The executive director is hereby authorized to proceed in the most feasible and economical manner with project development as approved herein to include any necessary agreements, right of way acquisition, utility adjustments, relocation assistance and construction. Submitted and reviewed by: Director, Transportation Planning and Programming Division Recommended by: Executive Director Minute Number 107737 A-2 Date Passed JAN 29 99 Resolution No. 2000-RO446 EXHI3IT H (1) CATEGORY 10 - STATE R.EHAI3ILITATION OF SIGNS, SIGNALS, AND PAVEMENT ;MARKINGS CATEGORY 10A - TRAFFIC CONTROL DEVICES 2001-2003 TRAFFIC CONTROL DEVICES PROGRANI Description: This program addresses the installation and/or rehabilitation of non -Interstate signs, pavement markings, traffic signals and illumination systems, including minor roadway modifications to improve operations. The normal installation of signs and markers through construction projects and maintenance operations is not considered eligible for this program. Funds can be used to install new traffic signals as well as modernize existing signals. When possible, traffic control devices on Interstate highways should be rehabilitated utilizing Category 2 funds. Program amount: $75,000,000 (Allocations to districts attached.) Basis of allocation: This program is based on the following formula: 50% District percentage of total state non -interstate lane miles 50% District percentage of total state population (according to 1990 census) Eligible projects will be developed by the districts on an as -needed basis within their allocation. Responsible division: Traffic Operations Division A-3 Resolution No. 2000-RO446 EYI.ILIT 1 (1) (ATTACHMENT) 2001-2003 , R :FFIC CONTROL DEVICES PROGRAM TOTAL DISTRICTS ALLOCATION ABILENE $ 2,224,000 AMARILLO $ 2,582,000 ATLANTA $ 1,905,000 AUSTIN $ 3,785,000 BEAUMONT $ 2,200,000 BROWNWOOD $ 1,496,000 BRYAN $ 2,096,000 CHII.DRESS $ 1,257,000 CORPUS CHRISTI $ 2,493,000 DALLAS $ 7,447,000 EL PASO $ 2,203,000 FORT WORTH $ 4,786,000 HOUSTON $ 9,773,000 LAREDO $ 1,541,000 LUBBOCK $ 3,456,000 LUFKIN $ 1,927,000 ODESSA $ 2,151,000 PARIS $ 2,132,000 PHARR $ 2,787,000 SAN ANGELO $ 1,763,000 SAN ANTONIO $ 5,182,000 TYLER $ 2,928,000 WACO $ 2,731,000 WICHITA FALLS $ 1,858,000 YOAKUM $ 2,297,000 TOTAL $75,000,000 A-4 Resolution No. 2000-RO446 December 14, 2000 Item No. 17 ATTACHMENT B RESOLUTION 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, by and between the City of Lubbock and the Texas Department of Transportation, an Agreement for the installation of "170" Traffic Controllers and Cabinets, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of December 2000. WINDY S TON, MAYOR ATTEST: APPROVED AS TO CONTENT: 2/11 I Je D. Hart, Jr., P.E. y Traffic Engineer APPROVED AS TO FORM: h AL /94�. William de Haas Contract Manager/Attorney Uh: Installation of" 170" Tiaffic Controllers It es No, ember 40.'_000 ME Resolution No. 2000-RO446 LUBBOCK COUNTY CSJ: 0905-06-055 Traffic Signal Systems Attachment C Locations of "170" Controllers and Cabinets 1. Buddy Holly Avenue and 4"' Street 2. Avenue L and 4"' Street 3. Avenue Q and 4"' Street 4. University Avenue and 4"' Street 5. U.S. 62/82 and 19" Street (NE) 6. U.S. 62/82 and 19" Street (SW) 7. Quaker Avenue and U.S. 62/82 8. Memphis Avenue and 19"' Street 9. Slide Road and U.S. 62/82 10. West Loop 289 and U.S. 62/82 11. Frankford Avenue and U.S. 62/82 12. East-West Freeway and 34" Street C-1 Resolution No. 2000-RO446 LUBBOCK COUNTY CSJ: 0905-06-055 Traffic Signal Systems Attachment D Project Payment Provisions and Work Responsibilities The City will purchase from their requisition, 12 --"170" controllers and cabinets which the State will reimburse them for. The City will then install the controllers and cabinets at the locations listed on Attachment "C" and incur all costs in doing so. It is understood that the proposed improvements will be done by the City and the State will transmit to the City with the return of this Agreement, executed by the State, a warrant or check in the amount of $97,266 made payable to the "City of Lubbock" to be used solely for the cost of improvements as requested by the State. It is further understood that the City will include only those items for the improvements as requested and required by the State. This is a construction estimate only, final participation amounts will be based on actual charges to the project. Project Estimate: Description Quantity Unit Cost Price 170 Model 332 Cabinet (base mounted) 12 $7,141.00 $85,692.00 170 Model 336 Cabinet (pole mounted) 0 $6,550.00 $0.00 170E Controller 12 $964.50 $11,574.00 TOTAL m $97,266.00