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HomeMy WebLinkAbout021884 RES - 03/01/1994A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR THE CITY TO PROVIDE TRAFFIC SIGNAL CONTROL EQUIPMENT FOR THE GOLLIHAR ROAD AND MORGAN AVENUE HIGHWAY SAFETY (SIGNAL COORDINATION) IMPROVEMENT PROJECTS, SUBJECT TO REIMBURSEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 1. That the City Manager, or his designee, is hereby authorized to execute an agreement with the State of Texas, acting through the Texas Department of Transportation, for the City to provide traffic signal control equipment for the Gollihar Road and Morgan Avenue highway safety (signal coordination) improvement projects, subject to reimbursement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. AI 1 EST: Armando Chapa, City Setary THE CITY OF CORPUS CHRISTI a�Y MAYO MA1t(t2HODES APPROVED: 2Z. DAY OF Ac , 1994. JAMES R. BRAY JR., CITY ATTORNEY BY: u Uallawa . O Alison Gallawa Assistant City Attorney d AG5000.450.ajr e 1864 MICROFILMED STATE OF TEXAS COUN'T'Y OF TRAVIS Agreement No. ACEI FOR THE FURNISHING OF TRAFFIC SIGNAL EQUIPMENT BY A MON1c i PALITY 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 Christi 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 Traffic Signals along SH 286 in the City of Corpus Christi ; and WHEREAS, the City has requested the State to reimburse the cost of furnishing the traPrescott, and Greenwood�p at oneMorgan intersections St ples, Brownlee, SH 286,Ayers, 19th,286, Port, Baldwin and FM 665 (Airport). 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 traffic signal equipment on the Piuject; and WHEREAS, on this day of , 19 , the Texas Transportation Commission passed Minute Order No. , approving the Ptuject; and WHEPEAS, the Ptuject has been designated as a federal -aid program and thus this agreement shall be made in acuuri3ance 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.; F1SE.I: F nul 10/92 Sheet 1 of 8 Clt4b4 A 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: ARUIC rP 1 cnmaCT 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. ARTIrTF 2. C tISIIUCPION RESPONSIBILITIES A. For all items of construction other than furnishing the 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 of the 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." ARISC TP 3. CCMPENSATICN A. The maximum amount under this agreement without modification is $ 97,065.00 . A cast estimate of the traffic signal equipment furnished by the City under this agreement is marked "ExhibitA", attached hereto and made a part of this agreement. B. The State will reimburse the City the cost of furnishing 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 Older" by the State will not be reimbursed. Reimbursement will he made by the State to the City for applicahle labor, equipment »c, materials, supplies, travel expenses, and warehouse or material handling charges provided the City has paid fluni City funds their obligations covering items of costs previously billed. . D. The City shall comply with the cosL principles established in 48 CFR, Ch. 1, Part 31, FPR 31. FT U1: FEDI 10/92 Sheet 2 of 8 ARTICTF 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 Piuject and the State's acceptance thereof. B. An original and four (4) copies of the Billing Statement should be submitted to the following address: P. 0. Box 9907, Corpus fhricti iexac 78 A9 C. All billing statements shall be properly documented, summarizing the costs by 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 fium 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. ARTICTP 5. PERSONNEL, EQUIPMENT, AND MATERIAL A. The City will use applicable 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 maybe 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 corrpetitive bidprocedures will be made only if such procedures are shown to be in the public interest ani provided the State shall have given prior approval for the nse of said materials. All materials used for the work shall be new and undepreciatPd. ARTICT F 6. INSPECTION OF . RORK 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 rem ,,rots of the plans and specifications in suitable condition for operation and maintenance by the City after its completion. r'lbEN: d u1 Sheet 3 of 8 10/92 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. AR CICT F 7 . TF7d'T7 NATION This agreement may be terminated by one of the following conditions: (1) By mutual ayreement and consent of both parties. (2) By the State giving written notice to the City as 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. ARTICTF 8. INDEMNIFICATION To the extent permitted by law, the City shall save harmless the State from all claims and liability -due to the activities of itself, its agents, or employes, performed under this agreement and which result from an 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 employes. ARTICTF 9. REMEDIES Violation or breach of contract terms by the City shall be ytuunds 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. ARTICTF 10. DISPUTES Should disputes ari;c as to responsibilities and obligations as set forth in this agreement, the State's decision shall be final and binding. FTSEN: FID1 10/92 Sheet 4 of 8 ARIICTF ll. 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. AR TrIF 12. AMFNEMENIS 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. ARIICTF 13. 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. ARRICrF 14. INSPECTION OF CITY'S BOOKS AND RECORD'S The State shall, for purpose of termination of the agrccvent 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, ar'-ounti.*rt 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 throe (3) 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. ARRICTF 15. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this ayieement,shail for any reason, beheld 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. FISEM:FzD1 10/92 Sheet 5 of 8 ARTICLE 16_ 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. ARTIC TF 17. PRIOR AGREEMENTS 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. ARTICfF 18. MSB A-128 AUDIT RaNIs 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 parayraphs 6, 8, and 9 of OMB Circular No. A-128. ARTICLE 19. PROCUREMERS STANDARDS The City shall adhere to the procurement starttards set forth in Title 49 CFR Part 18.32. ARTICTF 20. PROPERTY MANAGEMENT STANDARDS The City shall adhere to the property management standards set forth in Title 49 CFR Part 18.36. ARTICLE 21. CCMPLIANCE WITH LAWS The City shall comply with all federal, state and local laws, statutes, ordinances, ru1Ps and regulations, and the orders and decrees of any court, administration bodies, or tribunals in any matter affecting the performance of the agrc^ment, including without limitation worker's compensation laws, minium, and maxi.'rami salary and wage statutes and regulations, and licensing laws, permits and regulations_ When required, the City furnish the State with satisfactory proof of c.xwwliancc_ F1Su1: FED1 Sheet 6 of 8 10/92 ARTICLE 22. CIVIL RIGHTS CaMPLIiNCE The City shall comply with the regulations of the United States Department of Transportation as they relate to nondiscrimination (49 CtR 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 regulations (41 CFR 60). ARTICLE 23. MINORITY BUSINESS ENTERPRISE PROGRN f REX JIRH1E TIS The City agrees to comply with the requirements set forth in Exhibit B, "Minority Iaisiness Enterprise Program Requirements". ARTICLE 24. DEBARMENT CERTIFICATIONS (APPLICABLE TO AGREEMENTS WHICH EXCEED $100,000) The City is prohibited frvm making any award at any tier to any party which is debarred or suspended or otherwise excluded fium 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. I'1SE11_ E tJ1 10/92 Sheet 7 of 8 IN WITNESS WHEREOF, The State and the City have signed duplicate counterparts of the Agreement. CITY OF Corpus Christi By: Signature Typed Name and Title Date Approved as to form: James R. Bray, Jr. City Attorney Byl d 4.01Oat; Alison Gallaway, Assistant City Attorney FISH4:1 t.01 THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002: By: Signature Traffic Operations Engineer Sheet 8 of 8 Date 10/92 EXHIBIT "A" SIGNAL CONSTRUCTION COVER SHEET ESTIMATE PROJECT: Signal Controller Equipment LOCATION: Gollihar Road at Ayers, SH 286 (Frtg. Rds), Prescott, and Greenwood. Morgan Avenue with Staples, Prescott, SH 286 (Frtg. Rds.), Nineteenth, Port, Baldwin and FM 665 (Airport Road). PREPARER: David V. Seiler, City Traffic Engineer City of Corpus Christi DATE: December 23, 1993 MATERIAL COST $97,065.00 TOTAL COST $97,065.00 SIGNAL CONSTRUCTION ESTIMATE PROJECT: Gollihar with Ayers, SH 286 (Frtg.Rds.), Prescott and Greenwood. Morgan Avenue with Staples, Prescott, SH 286 (Frtg.Rds.), Nineteenth, Port, Baldwin and FM 665 (Airport Road). DESCRIPTION LOCATION GOLLIIIAR LOCATION MORGAN TOTAL QTY. UNIT COST TOTAL COST Traffic Signal Controller with Cabinet 4 7 11 $5,188.33 $ 57,071.63 Timer On -Street Master 1 1 2 3,846.98 7,693.96 Loop Vehicle Detector Amplifier 69 112 181 130.00 23,530.00 Fiber Optic Cable Pole Connector -Dielectric thru Connector 42 98 140 30.00 4,200.00 Fiber Optic Cable Pole Connector -Dead End Clevis Connector 14 30 44 43.10 1,896.40 Fiber Optic Cable Splice Box 4 7 11 243.00 2,673.00 NOTES: TOTAL $ 97,064.99 One di -electric thru connector per pole attachment where fiber optic cable makes no directional change Two dead end clevis connectors per pole attachment where fiber optic cable makes a directional change One fiber optic splice box per controller cabinet EDIT "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 participate in the performance of contracts and subconstracts 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 CPR 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. AtGOMoDVS � yr Corpus Christi, Texas day of , 19 LH The above resolution was passed by the following vote: Mary Rhodes Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss \forms\066 Ctu a;.„ ��1 u 0::1864 a/it_