HomeMy WebLinkAboutResolution - 3987 - Agreement - TDOT - Underground Wiring Systems Repairs, Existing Traffic Signals - 10/06/1992Resolution No. 3987
October 6, 1992
Item #19
RESOLUTION
WHEREAS, during the reconstruction and repair project conducted by the
Texas Department of Transportation (herein called "State") on Loop 289 of
the State's highway system in the City of Lubbock (herein called "City")
certain damages have occurred, as a result of said project, to underground
wiring systems of traffic signals maintained by the City at interchanges of
Loop 289 at University Avenue, Indiana Avenue, and Quaker Avenue; and
WHEREAS the State has indicated its desire and willingness to reim-
burse the City for actual expenses incurred by the City in repairing such
damage; and
WHEREAS, the State and City desire to execute an agreement to effect
such a reimbursement arrangement for the purposes as hereinabove set forth;
NOW THEREFORE:
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 said City an agreement to be
entered into by and between the City and the State entitled "AGREEMENT FOR
THE REPAIRS OF UNDERGROUND WIRING SYSTEMS FOR EXISTING TRAFFIC SIGNALS,"
attached hereto and shall be spread upon the minutes of the Council and as
spread upon the minutes of this Coun shall constitute and be a part of
this Resolution as if fully copied Krein detail.
Passed by the City Council on this\the
1992.
ATTEST:
APPROVED AS TO FORM:
David E. WoosTey, City Trarfic
Engineer
JWF:js/A-REPAIR.RES
D2-Agenda/September 23, 1992
6th,,A\ day of -,,Wtober
APPROVED AS TO FORM:
;�A&4(44A_
J.(Worth Fu ingim, Assista6t City
A t ney
Resolution No. 3987
• October 6, 1992
Item #19
STATE OF TEXAS
*
COUNTY OF TRAVIS
Agreement No.
Lubbock County
•Project: F1107 (29) Etc.
Control: 0783-01-057, Etc.
Highway: Loop 289
AGREEMENT FOR THE REPAIRS
OF UNDERGROUND WIRING SYSTEMS
FOR EXISTING TRAFFIC SIGNALS
THIS 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, Texas, a municipal
corporation, acting by and through its duly authorized officials,
hereinafter called the "City".
W I T N E S S E T H
WHEREAS, the State owns and operates a system of highways for
public use and benefit, including State Loop 289 in Lubbock County;
and
WHEREAS, during the construction of Loop 289, damages to the City's
underground wiring systems for the existing traffic signals
occurred at the interchanges of Loop 289 at University Avenue,
08/19/92 Page 1 of 6
Indiana Avenue and Quaker Avenue, as shown in "EXHIBIT A", attached
hereto; and
WHEREAS, the State desires to reimburse the City for the costs to
repair said underground wiring systems; and
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and the agreements of the parties hereto, it is agreed as
follows:
A G R E E M E N T
1. AGREEMENT COSTS
The estimated costs for the repair of the underground wiring
systems at the locations acknowledged herein is $31,305.87. This
amount is based on the cost estimate, attached hereto and
identified as "EXHIBIT B". Said costs shall be for the replacement
of the damaged wiring systems and will not be used for the
upgrading of the systems.
2. PAYMENTS
A. The State will reimburse the City for actual costs incurred for
the repair of the underground wiring systems. The City shall submit
four (4) copies of the TxDOT Form 132, or any other invoice form
acceptable to the State, and accompanying documentation to the
following address:
08/19/92 Page 2 of 6
Texas Department of Transportation
P.O. Box 771
Lubbock, TX 79408-0771
Attention: District Engineer
B. The State shall make payment to the City within thirty (30) days
from receipt of the City's request for payment, provided the
request is properly prepared, executed and documented.
C. Payment to the City for the costs incurred under this agreement
will be made in accordance with the principles outlined in 48 CFR,
Ch. 1, Part 31, Federal Acquisition Regulations (FAR).
3. EQUIPMENT AND PERSONNEL
The City shall furnish all equipment, materials and supplies
required to perform the work defined under this agreement. All
employees of the City shall have such knowledge and experience as
will enable them to perform the required repairs in a efficient and
satisfactory manner.
4. PROCUREMENT STANDARDS
The City shall adhere to the procurement standards established in
Title 48 CFR Part 18.26.
5. INSPECTION OF WORK
The State and its duly authorized representatives will be afforded
the opportunity to inspect the work being performed by the City.
The inspections will be done in such a manner as not to disrupt or
interfere with the work performed by the City and its contractors.
08/19/92 Page 3 of 6
6. INSPECTION OF 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
and its duly authorized representatives for review and audit
purposes during the contract period and for three (3) years from
the date of final payment or until any impending audits or
litigation has been fully resolved.
7. REMEDIES
Violation or breach of agreement terms by the City shall be grounds
for termination of the agreement and any increased costs arising
from the City's default, breach of agreement or violation of
agreement terms shall be paid by the City. This agreement shall not
be considered as specifying the exclusive remedy for any default
but all remedies at law and in equity may be available by either
party and shall be cumulative.
8. DEBARMENT REQUIREMENTS
The City is prohibited from making any award or permitting any
award to 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 agreement, as specified in Title
49 CFR Part 29, to certify its eligibility to receive federal
funds, and when requested by the State, to furnish a copy of the
certification.
08/19/92 Page 4 of 6
9. EQUAL EMPLOYMENT OPPORTUNITY
The City shall comply with the regulations of the U.S. Department
of Transportation as they relate to equal employment opportunity,
as set forth in Title 41 CFR Part 60.
10. LEGAL CONSTRUCTION
In case one or more 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 provision and this agreement shall be construed as
if such invalid, illegal or unenforceable provision had never been
contained herein.
11. ENTIRE AGREEMENT/AMENDMENTS
This agreement contains the entire agreement between the parties
and no modifications of this agreement shall be held valid until
the modifications have been agreed upon through the issuance of an
amendment executed by the parties hereto.
12. 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 or administrative body or tribunals in any
matter affecting the performance of this agreement.
13. AGREEMENT PERIOD
This agreement becomes effective upon the date of final execution
and shall terminate upon the State's payment of the final billing
defined herein.
08/19/92 Page 5 of 6
IN WITNESS HEREOF, the parties to this agreement have executed
duplicate counterparts.
THE CITY
YBY:
ATTE
i
David R. Langston
TYPED NAME
Mayor
TITLE
nntnher A 1001)
, TEXAS
APPROVED AS TO CONTENT:
David E. Woosley, P.
City Traffic Engine
APPROVED AS TO FORM:
. VrA
. Worth Fullingim
s istant City Attorney
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas
Department of Transportation under the authority of Minute Order
100002 and TxDOT Directive 1-91, for the purposes and effect of
carrying out the orders, established policies and work programs
hereto approved and authorized by the Texas Transportation
Commission.
BY:
B. F. Templeton, P.E.
Director of Construction and
Contract Administration
DATE
09/24/92 Page 6 of 6
•08/19/92 14:23 $5124162537 Tx Dept of Trans R001
�* ACTIVITY REPORT s
TRANSMISSION OK
TX/RX NO.
0889
CONNECTION TEL
88424380
CONNECTION ID
LUBBOCK
START TIME
08/19 14:19
USAGE TIME
04'06
PAGES
7
RESULT
OK
08/19/92 14:21 $5124162537 Tx Dept of Trans O nnl
MEMORY LIST see
TX/RX NO. MODE CONNECTION TEL PAGES SET TIME
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EXHiB)T- B
REPAIR COSTS TO -DATE (7-16-92)
Total expenses bore by the City of Lubbock for damages
sustained on conduits, cables and pull boxes associated with
traffic signal equipment at TexDOT construction project by
Granite Construction at specified South Loop 289
interchanges on given dates.
University Avenue May 1991
(southwest corner of east bound frontage road)
Concrete demolition of drain cut cables.
Temporary repairs were made by City crews.
* Labor -------------------------------- $ 148.44
* Equipment ---------------------------- $ 47.25
Total $ 195.69
Indiana Avenue
January 9, 1992
Crushed conduits and cut cables.
Rebored southwest corner of east bound frontage
road and pulled new cables.
* Labor --------------------------------$ 452.84
* Equipment ----------------------------$ 136.13
* Materials ----------------------------$ 84.00
* Contract Services(Boring) ------------- $ 750.00
Total $1,422.97
University Avenue
February 1992
Rebored southwest corner of east bound frontage
road and pulled new cables.
(Repairs from May 1991 damage)
* Labor --------------------------------$ 385.75
* Equipment ----------------------------$ 115.50
* Materials ----------------------------$ 240.00
* Contract Services(Boring)------------- $1,285.00
Total $2,026.25
Page 1 total $3,644.91
Quaker Avenue March 6, 1992
Crushed conduits, cut cables and pull boxes.
* Labor -------------------------------- $ 89.60
* Equipment ---------------------------- $ 42.25
* Materials ---------------------------- $ 80.00
Total $ 211.85
University Avenue March 18, 1992
Crushed conduits and'cut cables.
Temporary repairs were made by City crews.
* Labor -------------------------------- $ 115.76
* Equipment ---------------------------- $ 56.00
* Materials ---------------------------- $ 20.00
Total $ 191.76
"V a 1991
be- Repairs to damage roller c net
r,j, * Contract Services --------- - $ 200.00
Total $ 2
Quaker Avenue July 6, 1992
Cut conduit and cut cables
Temporary repairs were made by City crews.
* Labor -------------------------------- $ 158.60
* Equipment ---------------------------- $ 78.75
* Materials ---------------------------- $ 20.00
Total $ 257.35
/e-<-<
Page 2 total $
Total for repairs page 1 & 2 $.87 4-40
ANTICIPATED COSTS (7-16-92)
Estimate for anticipated borings required for concealed
damage sustained on conduits at interchages along South Loop
289 TexDOT construction project (Granite Construction).
University, Indiana and Quaker Avenue
Reboring possible for frontage roads and
cross streets. This will include new
conduits and cables and reinstalled pull
boxes.
* Labor ------------
------------------- $ 300.00
* Equipment --------------------------- 150.00
* Materials --------------------------- 250.00
* Contract Services(Boring)------------ 2,000.00
Total per boring $2,700.00
Possible borings required ------- 10 @ $2700.00 = $27,000.00
Total for anticipated borings
less
--
-------------- $27,000.00
Total costs for repairs to-date(page 1 & 2) -----
GRAND TOTAL 3 3 3OS