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.
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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.
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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
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