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
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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.
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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
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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
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