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HomeMy WebLinkAbout021617 RES - 03/23/1993A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACTUAL AGREEMENT WITH THE STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR THE CITY TO PROVIDE TRAFFIC SIGNAL CONTROL EQUIPMENT FOR THE EVERHART ROAD AND BALDWIN BOULEVARD HIGHWAY SAFETY IMPROVEMENT PROJECTS, SUBJECT TO REIMBURSEMENT. WHEREAS, the Texas Department of Transportation has proposed a Force Account Agreement for supplying traffic signal controller equipment at the intersections of Everhart with SH 358 (frontage roads), Corona, Bonner, Holly, Wooldridge, SH 357 (Saratoga), Middlecoff, and Snowgoose. Baldwin with Ayers, SH 286 (frontage roads), Port and Greenwood. WHEREAS, the Department of Transportation has estimated that City participation in this project will be for a cost of $94,000.00 an amount to be fully reimbursed to the City through the Force Account Agreement (State Control #916-16-6, etc.): NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, be and is hereby authorized to enter into contract with the Texas Department of Transportation for reimbursement of costs for supplying traffic signal controller equipment at the intersections of Everhart with SH 358 (frontage roads), Corona, Bonner, Holly, Wooldridge, SH 357 (Saratoga), Middlecoff, and Snowgoose. Baldwin with Ayers, SH 286 (frontage roads), Port and Greenwood, a substantial copy of which is attached and incorporated as Exhibit "A" SECTION 2. That the City Manager, or his designee, be authorized to establish appropriations of $94,000.00 in Fund No. 220 (Street Bond Fund). SECTION 3. That the City Manager, or his designee, be and is hereby authorized to deposit all reimbursed funds received from the Texas Department of Transportation pertaining to this project in an amount not to exceed $94,000.00 in Fund No. 220 (Street Bond Fund). SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Corpus Christi and it is accordingly so resolved. AG5000.332.ajr 021617 MICROFILMED A 11'EST: Armando Chapa, City Sei<retary THE CITY OF CORPUS CHRISTI APPROVED: I DAY OF ` r1k.a,itc L JAMES R. BRAY JR., CITY ATTORNEY By: • Alis*n Gallaway Assistant City Attorney AG5000.332.ajr , 19 73 2 Agreement No. STATE OF TEXAS COUNTY OF TRAVIS AGREEMENT FOR A MUNICIPALITY TO PROVIDE TRAFFIC SIGNAL CONTROLLERS AND CABINETS 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 Corpus Chrisiti, Nueces County, Texas, hereinafter called the "City", acting by and through its duly authorized officers as evidence by Resolution/Ordinance No. , hereinafter acknowledged by reference. WITNESSETH WHEREAS, the State owns and maintains a system of highways and roadways, including SH 358 and SH 286 in the City of Corpus Christi; and WHEREAS, the City has requested the State to reimburse the cost of obtaining and supplying traffic signal controllers and cabinets for the intersections of Everhart with SH 358 (Frtg. Rds.), Corona, Bonner, Holly, Wooldridge, SH 357 (Saratoga), Middlecoff, and Snowgoose. Baldwin with Ayers, SH 286 (Frtg. Rds.), Port, and Greenwood, 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 WHEREAS, it is in the best interest of the City and the State for the City to assist the State in supplying traffic control equipment on the Project; and WHEREAS, on the 24th day of July, 1991, the Texas Transportation Commission passed Minute Order No. 91849; and WHEREAS, the State is authorized to enter into an agreement with the City for the Project pursuant to Article 6673-b, V.A.C.S.; and WHEREAS, the Project has been designated as a federal -aid program and thus this agreement shall be made in accordance with Federal Highway Administration (FHWA) procedures and regulations; and EAA,A./4 7 AGREEMENT NOW THEREFORE, in consideration of the premises and of the mutual cove- nants 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 the project identified by CSJ 916-16-6, etc. is active unless otherwise terminated or modified as hereinafter provided. Article 2. Construction Responsibilities A. For all items of construction other than furnishing the traffic signal controllers and cabinets, the State will prepare the construction plans, advertise for bids, and let the construction contract, or other- wise 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 of the traffic signal controllers and cabinets 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 $94,000.00. A cost estimate of the work authorized under this agreement is marked "Attachment A", attached hereto and made a part of this agreement. B. The State will reimburse the City the cost of furnishing the traffic signal controllers and cabinets, as 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 materials, supplies, and warehouse or material handling charges, provided the City has paid from City funds their obligations covering items of costs previously billed. T r 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 Director of Traffic Operations at the following address: P. 0. Box 9907, Corpus Christi, Texas 78469. C. All billing statements shall be properly documented, summarizing the costs by description of work performed, quantity of materials and devi- ces, 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. E. Unsupported charges or charges after final acceptance by the State will not be considered eligible for reimbursement. The State will pre- pare a final audit upon completion of the work authorized or at the 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 using 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 a 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 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 system components and installation procedures without delay. Article 7. Maintenance and Operation Responsibilities Upon completion of the project, the City agrees to operate and maintain at its own expense, the City owned traffic signals as a part of the street system and agrees to assume the cost of all electrical power required for signal operation, including the electrical power needed during test periods. Article 8. 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 by written notice to the City as consequence of failure by the City to perform the services and obliga- tions 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 in securing the material as perscribed herein in a satisfactory manner as determined by the State, the State reserves the right to assume the responsibilities to arrange for purchasing the material at the expense of the City. Article 9. Indemnification To the extent permitted by law, the City shall save harmless the State from all claims and liability due to activities of itself, its agents, or employees, performed under this agreement and which result from error, omission, or negligent act of the City or of any person employed by the City. The City shall also save harmless the State from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the City, its agents or employees. Article 10. 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 11. 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 12. Subletting The City shall not sublet or transfer any portion of its respon- sibilities 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 provi- sions of this agreement. Article 13. 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 14. Insurance Prior to the City performing work on the Project, the City shall furnish to the State a completed Certificate of Insurance (Form 20.102 3-82) and shall maintain its self-insurance program in full force and effect as long as the City is responsible for the maintenance operations of the traffic signal controller. The State understands that the City is a self insured entity for public liability purposes. Article 15. Successors and Assignees The City shall not assign or otherwise transfer its rights or obliga- tions under this agreement except with the prior written consent of the State. Article 16. Inspection of City's Books and Records The State shall, for purposes 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 by the City at the time of contract termination. The City shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such material available at their office during the contract period and for three (3) years from the date of final payment under the agreement, for inspection by the State or any of their duly authorized representatives, shall have access to all records of the City which are directly pertinent to this agreement for the purpose of making audit, examinations, excerpts and transcriptions. 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 obliga- tions under this agreement must be filed in Travis County, Texas. T r Article 19. Prior Arrangements Superseded This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Article 20. OMB A-128 Audit Requirement 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 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 com- pensation laws, minimum and maximum salary and wage statutes and regula- tions, and licensing laws, permits and regulations. When required, the City will 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 entitled "Equal Employment Opportunity", as amended by Executive Order 11375 and as a supplement in the Department of Labor regulations (41CFR 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 subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulations, 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. IN WITNESS WHEREOF, The State and the City have signed duplicate coun- terparts of the Agreement. APPROVED AS TO FORM: THE STATE OF TEXAS Certified as being executed for the purpose and effect // of activating and/or carry- 1T(,{d a. fcut) s< ing out the orders, estab- S1.City Att rney U lished policies, or work programs heretofore app- roved and authorized by the Texas Transportation Comm - CITY OF COPRPUS CHRISTI ission under the authority of Minute Order 100002. BY BY City Manager Traffic Operations Engineer DATE DATE RESOLUTION WHEREAS, the Texas Department of Transportation has proposed a Force Account Agreement for supplying traffic signal controller equipment at the intersections of Everhart with SH 358 (Frtg. Rds.), Corona, Bonner, Holly, Wooldridge, SH 357 (Saratoga), Middlecoff, and Snowgoose. Baldwin with Ayers, SH 286 (Frtg. Rds.), Port and Greenwood. WHEREAS, the Department of Transportation has estimated that City par— ticipation in this project will be for a cost of $94,000.00 an amount to be fully reimbursed to the City through the Force Account Agreement (State Control #916-16-6, etc.); Now, therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI Section 1. That be and is hereby authorized to enter into contract with the Texas Department of Transportation for reimbursement of costs for supplying traffic signal controller equipment at the intersections of Everhart with SH 358 (Frtg. Rds.), Corona, Bonner, Holly, Wooldridge, SH 357 (Saratoga), Middlecoff, and Snowgoose. Baldwin with Ayers, SH 286 (Frtg. Rds.), Port and Greenwood. Section 2. That be authorized to establish appropriations of $94,000.00 in Section 3. That be and is hereby authorized to desposit all reimbursed funds received from the Texas Department of Transportation pertaining to this project in an amount not to exceed $94,000.00 in Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Corpus Christi and it is accordingly so resolved. ATTEST: ADOPTED: APPROVED: CITY SECRETARY/CLERK APPROVED AS TO FORM: CITY ATTORNEY MAYOR ATTACHMENT A SIGNAL CONSTRUCTION COVER SHEET ESTIMATE PROJECT: Signal Controller Equipment LOCATION: Everhart with SH 358 (Frtg. Rds.), Corona, Bonner, Holly, Woodridge, SH 357 (Saratoga) Middlecoff, and Snowgoose. Baldwin with Ayers, SH 286 (Frtg. Rds.), Port, and Greenwood PREPARER: Ray Mims, P. E., Director of Transportation Operations DATE: 1-8-93 MATERIAL COST TOTAL COST $94,000.00 $94,000.00 SIGNAL CONSTRUCTION ESTIMATE PROJECT: Everhart with SH 358 (Frtg. Rds.), Corona, Bonner, Holly, Wooldridge, SH 357 (Saratoga), Middlecoff, and Snowgoose. Baldwin with Ayers, SH 286 (Frtg. Rds.), Port, and Greenwood. Description Location Everhart Location Baldwin Total Qty. Unit Cost Total Cost Traffic Signal Controller With Cabinet 8 4 12 5188.33 62,260.00 Timer On—Street Master 1 1 2 3845.00 7,690.00 Loop Vehicle Detector Amplifier ,120 65 185 130.00 24,050.00 Total $94,000.00 Component parts of the Controller/Cabinet to be furnished by the City on this project. Everhart Baldwin Total Base Mounted Cabinet 8 4 12 Controller Timer 8 4 12 Load Switch 144 72 216 2 Channel Veh. Detec Card. 60 33 93 2 Channel Ped. Detec Card. 24 12 36 A. C. Isolator Card 8 4 12 Conflict Monitor Card Type 210 8 4 12 Flash Transfer Relays 48 24 72 Exhibit "B" SPECIAL PROVISION MINORITY BUSINESS ENTERPRISE REQUIREMENTS It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFR Part 23, Subpart A, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Minority Business Enterprise requirements of 49 CFR Part 23, exclusive of Subpart D, apply to this contract as follows. The City agrees to ensure that Minority Business Enterprises, as defined in 49 CFR Part 23, Subpart A, have the maximum opportunity to par- ticipate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the City shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, exclusive of Subpart D, to ensure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. The City and any of its subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the Department, may result in termination of the contract by the State or other such remedy as the State deems appropriate. Corpus Christi, Texas 23 day of 2 h , 19 01:3 The above resolution was passed by the following vote: Mary Rhodes Cezar Galindo L e-GG.vcricce— Betty Jean Longoria Edward A. Martin SorradieGercrir Dr. David McNichols Clif Moss Mary Pat Slavik 066 fro y- tory- 021617 Pt)t Ale