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HomeMy WebLinkAboutResolution - 2006-R0339 - Agreement For Furnishing And Installing Traffic Signal Equipment - Txdot - 07/10/2006Resolution No. 2006-RO339 July10, 2006 Item No. 5.19 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute an Agreement for Furnishing and Installing Traffic Signal Equipment and any associated documents by and between the City of Lubbock and the Texas Department of Transportation for various state highways within the City limits of Lubbock, which Agreement is attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this LOtbday of July 1, 2006. DAVID A. MI LER, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CON ENT: Jeryl . HaW, Jr., .E., Traffic E ineer APPROVED AS TO FOiM: andiver; Attorney of Counsel DDres/TXDOTsi gnalAgreeRes May 25, 2006 2006 Traffic Signal Project Project No.: C 905 00 035 Lubbock County STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR 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 evidenced by Resolution No. 2006-x0339 hereinafter acknowledged by reference. WITNESSETH WHEREAS, the State owns and maintains a system of highways and roadways, including intersections of N. University and Loop 289, Indiana and FM 1585, and MLK Boulevard and US 84 in the City of Lubbock; and WHEREAS, the City has requested the State to reimburse the cost of furnishing and installing traffic signal equipment at the various intersections within the limits of this project, 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 WHEREAS, on this 27 day of May 2004, the Texas Transportation Commission passed Minute Order 109667 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 Transportation Code, §221.002; 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: TRF-TRF-TEA12 Page 1 of 8 Revised 9/21/05 FITSEM:FED2 2006 Traffic Signal Project Project No.: C 905 00 035 Lubbock County AGREEMENT 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 contribution to the Project, as prescribed under Article 3, "Compensation." Article 3. COMPENSATION A. The maximum amount under this agreement without modification is $40,261. 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 four (4) copies of the Billing Statement should be submitted to the following address Frank Phillips, P.E. 135 Slaton Highway Lubbock, Texas 79408 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 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. TRF—TRF TEA12 Page 2 of 8 Revised 9/21/05 FITSEM:FED2 2006 Traffic Signal Project Project No.: C 905 00 035 Lubbock County 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 machinery, equipment, and vehicles may be rented or leased as necessary at the low bid price submitted by at least two approved bidders. 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. 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 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 perform the services and obligations set forth in a satisfactory manner and within the limits provided, 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. 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. 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. TRF—TRF TEA12 Page 3 of 8 Revised 9/21/05 FITSEM: FED2 2006 Traffic Signal Project Project No.: C 905 00 035 Lubbock County 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 parry and shall be cumulative. Article 10. DISPUTES Should disputes arise as to responsibilities and obligations as set forth in this agreement, the State's decision shall be final and binding. Article 11. SUBLETTING The City shall not sublet or transfer any portion of its responsibilities and obligations under this agreement unless specifically authorized in writing by the State. In the event subcontracts are entered into by the City, the subcontractors must adhere to the provisions of this agreement. 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) B. Self Insured Prior to the City performing any work on this Project, the City shall furnish to the State a completed Certificate 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. Article 15. NOTICES 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 respective addresses: TRF—TRF_TEA12 Page 4 of 8 Revised 9/21/05 FITSEM:FED2 2006 Traffic Signal Project Project No.: C 905 00 035 Lubbock County City: State: Jeryl D. Hart, Jr. P.E., Frank Phillips, P.E. City Traffic Engineer Director of Transportation Operations P.O. Box 2000 135 Slaton Highway Lubbock, Texas 79457 Lubbock, Texas 79408 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. Article 16. INSPECTION OF CITY'S BOOKS AND RECORDS A. The State shall, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of the work performed and/or materials furnished by the City at the time of contract termination. The City shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this contract and shall make such materials available to the State, Federal Highway Administration (FHWA) or its duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of final payment under this contract or until impending litigation is resolved. Additionally, the State, FHWA and its duly authorized representatives shall have access to all records of the City which are directly applicable to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. B. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Article 17. 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 18. 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. TRF—TRF TEA12 Page 5 of 8 Revised 9/21/05 FITSEM:FED2 2006 Traffic Signal Project Project No.: C 905 00 035 Lubbock County Article 19. 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 20. OMB 1-128 AUDIT REQUIRMENTS 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 paragraphs 6, 8, and 9 of OMB Circular No. A-128. Article 21. PROCUREMENT STANDARDS The City shall adhere to the procurement standards set forth in Title 49 CFR Part 18.32. Article 22. PROPERTY MANAGEMENT STANDARDS The City shall adhere to the property management standards set forth in Title 49 CFR Part 18.36. Article 23. 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 24. CIVIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B)); also Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor regulation (41 CFR 60). Article 25. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City agrees to comply with the requirements set forth in Exhibit B, "Minority Business Enterprise Program Requirements." Article 26. DEBARMENT CERTIFICATIONS (Applicable to agreements which exceed $100.000) The City is prohibited from making any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The City shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and Suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. TRF—TRF—TEA12 Page 6 of 8 Revised 9/21/05 FITSEM:FED2 2006 Traffic Signal Project Project No.: C 905 00 035 Lubbock County IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the agreement. THE CITY OF LUBBOCK Executed on behalf of the City by: David Miller, Mayor ATTEST: ebecca Garza, City Secr ry APPROVED AS TO CONTENT: i-e6b. H6rt, Jr:, , City T ffic Engineer. APPROVED AS TO FORM: on Vandive , ssistant City Attorne July 10, 2006 (Date) July 10, 2006 (Date) July 5, 2006 (Date) July 5, 2006 (Date) THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or worograms heretofore approved and authorized by the Texas Transportation Coht issidn. Randl C-Topmann, r - District Engineer (Ddte) Exhibit A: Signal Work Estimate TRF—TRF_TEA12 Page 7 of 8 Revised 9/21/05 FITSEM:FED2 2006 Traffic Signal Project Project No.: C 905 00 035 Lubbock County EXHIBIT A Indiana Ave FM 1585 Equipment Q . Equipment Q . Cost per Unit Total Cabinet Pole -mount with Communications 1 $6,201.00 $6,201 Controller 1 $900.00 $900 Street Name Signs 4 1 $956.00 $956 Labor 140 $27.00 $3,780 Miscellaneous 15% 1 $1776 $1,776 Total Cost Estimate $13,324 Total Cost Estimate $13,613 MLK Boulevard Q US 84 Equipment Q . Equipment Q . Cost per Unit Total Cabinet base mount with Communications 1 $6,906.00 $6,906 Controller 1 $900.00 $900 Labor 1 140 $27.00 $3,780 Miscellaneous 15% 1 $1,738 $1738 Total Cost Estimate $13,324 N. University Loop 289 Equipment Q . Cost per Unit Total Cabinet base mount with communications 1 $6,906.00 $6,906 Controller 1 $900.00 $900 Labor 140 $27.00 $3,780 Miscellaneous 15% 1 $1738 $1,738 Total Cost Estimate $13,324 TRF—TRF—TEA12 Page 1 of 1 Revised 9/21/05 FITSEM:FED2