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HomeMy WebLinkAboutResolution - 2002-R0027 - Agreement To Furnish And Install Traffic Signal Equipment - Txdot - 01/23/2002Resolution No. 2002-80027 January 23, 2002 Item No. 33 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, an agreement between the City of Lubbock and Texas Department of Transportation for the furnishing and installation of traffic signal equipment (Project: NH 2002(8)) for the City of Lubbock, and all 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 23rd day of January , 2002. t /Xut , , If WINDY SITS O ,/MAYOR ATTEST: Reb cca Garza City Secretary APPROVED AS TO CONTENT: J D. lelfart, Jr., P.E. ity Traffic Engineer APPROVED AS TO FORM: William de Haas Contract Manager/Attorney Dh/Ccdocs/ TxDOT.TrafficSignalInstallation.Project: NH 2O02(8)res January 8, 2002 Resolution No. 2002-R0027 January 23, 2002 Item No. 33 CSJ: 0783-01-079, 0783-02-068, 0380-01-077 Project: NH 2002(8) Limits: 1.653 KM North of US 82 to 0.035 KM West of FM 1730; 2.341 KM West of Loop 289 to 1.685 KM East of Loop 289 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. 2002-80027 , 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 Loop 289 and 34"` St., Loop 289 and US 82, Loop 289 and 50"' St. and Frankford Avenue and 50'h St., 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 FITSEMYED2 Jan -02 Lubbock District Page 1 of 11 WHEREAS, on the 28th day of October, 1992, the 26th, day of February, 1998, the 27th day of January, 2000, and on the 27th day of September, 2001, the Texas Transportation Commission passed Minute Order No. 101588, Minute Order No. 107420, Minute Order No. 108087, and Minute Order No. 108653, respectively for the project; 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 FITSEM:FED2 Jan -02 Lubbock District Page 2 of 11 construction to be undertaken by the City, and the State will reimburse the City for its contribution to the Project, as prescribed under Article 3, "Compensation." ARTICLE 3. COMPENSATION A. The maximum amount under this agreement without modification is $92,863. 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 FITSEMYED2 Jan -02 Lubbock District Page 3 of 11 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. FITSEM:FED2 Jan -02 Lubbock District Page 4 of 11 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 assume the construction responsibilities and/or to arrange for the maintenance and operation responsibilities at the expense of the City. FITSEMYED2 Jan -02 Lubbock District Page 5 of 11 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. 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." FITSEM:FED2 Jan -02 Lubbock District Page 6 of 11 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. OtAside IRS in full foree and effect -- long as thi-- 1-4--j--0. --'s and the City is -r-e-sp-a—sible for- the fumishing . 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 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. FITSEM YED2 Jan -02 Lubbock District Page 7 of 11 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. 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. FITSEMYED2 Jan -02 Lubbock District Page 8 of 11 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 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. FITSEM:FED2 Jan -02 Lubbock District Page 9 of 11 ARTICLE 24. DEBARMENT CERTIFICATION (APPLICABLE TO AGREEMENTS WHICH EXCEED $100,000) The City 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). ARTICLE 25. SIGNATORY WARRANTY The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the agreement. CITY OF LUBBOCK 4" A&L WINDY SITTON, NYAYOR ATTEST: C) Rebecca Garza, City Secretary APPROVED AS TO CONTENT: January 23, 2002 (Date) January 23, 2002 (Date) FITSEM:FED2 Jan -02 Lubbock District Page 10 of 11 JerV5. H rt, Jr., P.I., City traffic Engineer APPROVED AS TO FORM: , / William de Haas, Contract Manager/Attorney THE STATE OF TEXAS (Date) 47-,-A)vk (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 a9 prized by the Texas Transportation Commission. Carl R. Utley, P.E., District Engineer Exhibit A: Cost Estimate ,7—, Zc— /�o ( te) FITSEM:FED2 Jan -02 Lubbock District Page 11 of 11 EXHIBIT A Project: NH 2002(8) Loop 289 Equipment Qty- Cost per Unit Total Cabinet 3 $7,141.00 $21,423 Controller 3 $964.00 $2,892 Spread Spectrum Radio Radio 5 $900.00 $4,500 Antenna 5 $186.00 $930 Superflex Cable 700 $3.28 $2,296 Superflex Cable Ends 20 $15.00 $300 Pol phaser 5 $16.00 $80 Radio Cables 5 $35.00 $175 Radio Power Supply 5 $236.00 $1,180 Opticom 721 receiver 17 $425.00 $7,225 Opticom 722 receiver 1 $537.00 $537 Opticom Cable 1760 $1.27 $2,235 752 Opticom Phase Selector 10 $1,612.50 $16,125 Labor 1440 $16.00 $23,040 Miscellaneous (10%) 1 $9,925.00 $9,925 Total Cost Estimate $92,863 Radio Setup consist of 1. Radio 2. Antenna 3. Polyphaser 4. Radio Cable 5. Power Supply 6. 4 Cable Ends \west loop estimate.xls Frankford & 50th 1 - Cabinet and controller 1 - Spread Spectrum radio setup 46m of superflex 1 - 721 receiver 1 - 722 receiver 75m - opticom cable 2 - 752 phase selectors Resolution No. 2002—R0027 Loop 289 & 34th 1 - Cabinet and controller 1 - Spread Spectrum radio setup 106m of superflex 4 - 721 receivers 355m - opticom cable 2 - 752 phase selectors Loop 289 & US 82 (wb frontage) 1 - Cabinet and controller (prev.paid) 1 - Spread Spectrum radio setup 76m of superflex 4 - 721 receivers 420m - opticom cable 2 - 752 phase selectors Loop 289 & US 82 (eb frontage) 1 - Cabinet and controller (prev.paid) 1 - Spread Spectrum radio setup 246m of superflex 4 - 721 receivers 450m - opticom cable 2 - 752 phase selectors !Loop 289 & 50th 1 - Cabinet and controller 1 - Spread Spectrum radio setup 226m of superflex 4 - 721 receivers 460m - opticom cable 2 - 752 phase selectors