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HomeMy WebLinkAboutRES 96-301 RESOLUTION NO. G} / BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with the Texas Department of Transportation (TxDOT) for a Loop Detector Project within the City of Beaumont. The contract is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the /Z,/ day of 1996. f 040� - Mayor - Jefferson County CSJ: 0920-38-903 Loop Detector Installation At Various Locations in Beaumont STATE OF TEXAS COUNTY OF TRAVIS A G R E E M E N T (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM) 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 Beaumont, Texas, acting by and through its duly authorized officials, hereinafter called the "City". W I T N E S S E T H WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U.S.C. Section 101 et seq. , establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies; and Sheet 1 of 12 EXHIBIT "A" WHEREAS, Title 23 U.S.0 Section 134 establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the City is a member of tb a South East Texas Regional Planning Commission, an MPO, chartered underAhe laws of the State of Texas; and WHEREAS, the State and the City desire the installation of loop detectors at various * locations in Beaumont, Texas, to be hereinafter identified as the "Project"; and WHEREAS, Title 23 U.S.C. Section 120 establishes that the Federal share of funding for CMAQ will not exceed eighty percent (80o) of the total cost of the Project; and WHEREAS, the City has offered to participate in the development and construction of the Project by providing funding, preparing design documentation, letting the construction contract, providing construction inspection and other necessary items required by the State; and WHEREAS, on the day of , 1996, the Beaumont City Council passed a Resolution attached hereto as "Exhibit A", authorizing the City's participation in the development of the Project; and WHEREAS, the State will secure the federal cost share, perform review and oversight responsibilities associated with the development of the Project and provide other items as required; . and WHEREAS, on the _th day of 1996, the Texas Transportation Commission Sheet 2 of 12 passed Minute Order attached hereto and identified as "Exhibit authorizing the Project through the Statewide Transportation Improvement Program; A G R .E..,E M E N T 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: 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion and the State's acceptance of the Project or unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. 3. ENVIRONMENTAL MITIGATION The City will be responsible for the mitigation and remediation of any environmental problems associated with the development and construction of the Project. If environmental problems are discovered, the City shall provide to the State written certification from the appropriate regulatory agency(s) that the environmental problems have been remedied. The City will not submit the "Request for Construction Bids" until all known environmental problems have been remediated by the City. All costs associated with the remediation of the environmental problems shall be the responsibility of the City and/or the property owners. These costs will not be reimbursed. Sheet 3 of 12 4. CERTIFICATION Not less than Forty-five (45) days prior to the date set for the award of the construction contract, the City shall provide the State a certification that all environmental problems have been remediated. , r 5. ENGINEERING SERVICES A. The City will be responsible for the development of the engineering services necessary for the development of the Project. Development of the Project may include environmental documentation and holding of public meetings and/or public hearings. The City will be responsible for providing these required services. B. The City shall utilize one of the following standards in the development of the construction plans: (1) The State's current Standard Sr)ecifications for Construction and maintenance of Highways, Streets and Bridges ; (2) Standard specifications developed by the City and currently used in other City-managed projects. Use of these standards will require the advanced review and approval by the State. The use of special specifications not covered in the standard specifications will require the advanced review and approval by the State. C. The City shall submit the completed plans to the State for review and approval. Should the State determine that revisions are required to the plans, the City shall make the necessary revisions. The City may not submit the "Request for Construction Bids ' until all required plans have been approved by the State. D. The City will submit to the State all documentation relating to actual costs incurred associated with the engineering services. Reasonable costs incurred by the City after the City has obtained written authorization from the State will be eligible for reimbursement at an amount not to exceed 80 percent (80a) of the actual cost. The City shall comply with the cost principles established in OMB Circular A-87, "Cost Principles for State and Local Governments". Sheet 4 of 12 6. CONSTRUCTION RESPONSIBILITIES A. The City will be responsible for the construction of the Project. Actual . construction shall be performed by contract awarded by competitive bidding. The City shall comply with the applicable regulations and requirements established in 23 CFR Part 635, Subparts A, C .4nd D. The City shall develop written construction contract procedures foe the State's review and approval. The City shall not initiate the bidding process until approval of the procedures has been obtained from the State and a "Letter of Authority" has been issued by the Federal' Highway Administration. B. In accordance with the requirements established in 23 CFR Part 633, Subpart A, the City shall include the latest version of Form "FHWA-1273" in the contract bidding documents. The required contract provisions contained in Form FHWA-1273 shall apply to all work performed on the contract by the contractor's own organization and to all work performed on the contract by piecework, station work or by subcontract. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the requirements contained in the provisions of Form FHWA-1273. C. Any change orders; supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the City and subject to the approval of the State. The City will provide or cause to be provided the inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved construction plans. The State may enter the Project site to perform periodic reviews during construction. D. The City shall submit to the State all documentation relating to the actual costs incurred associated with the construction and construction management of the Project. Reasonable costs incurred by the City after the City has obtained written authorization from the State will be eligible for reimbursement at an amount not to exceed eighty percent (800) of the actual costs. The State will Sheet 5 of 12 make payment to the City within thirty (30) days from receipt of the request, provided the request for reimbursement is properly prepared and documented. The State will withhold five percent (5%) retainage from each reimbursement payment made to the City. E. The City will provide written notification to the State upon completion of the Project. The State will perform an audit of costs associated with the Project and funds due to the City, including funds withheld in retainage will be promptly returned. The State will perform a final inspection, and if the Project is acceptable, the State will issue to the City a "Notification of Final Completion", acknowledging that the Project has been completed and all financial commitments have been performed. 7. PROJECT FUNDING A. The estimated cost of the Project is $450, 000.00. B. The State will be responsible for securing the federal share of the funding required for the development and construction of the Project, an amount not to exceed $360, 000.00 or 80 percent (800) of the total cost to complete the Project, whichever cost is less. The City will be responsible for the non-federal participation costs associated with the Project. C. Upon execution of this agreement, the City will remit a check or warrant made payable to the "Texas Department 'of Transportation" in the amount of $450.00. This amount is based on one percent (lo) of the estimated engineering costs. The funds will be utilized by the State to review the engineering and right-of-way documentation and perform other administrative services prior to the letting of the construction contract. D. Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the City that the State's non-federal participating administrative costs associated with the construction for the Project is required. The City shall remit a check or warrant in the amount established by Sheet 6 of 12 the State within thirty (30) days from receipt of the State's written notification to the address provided herein. E. In the event the State determines that additional funding is required by the City at any time during the development and construction of the Project, the State will notify the City in writing .o�Lthe additional amount. This additional amount will be mutually agreed upon by the City and the State prior to the expenditure of funds. The City will make payment to the State within thirty (30) days from receipt of the State's notification and the mutual agreement of the additional amount. Upon completion of the Project, the State will perform an audit of the costs and any funds due the City will be promptly returned. 8. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City. A11 documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. 9. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By either party, upon the failure of the other party to fulfill the obligation as set forth herein. B. The termination of this agreement shall relinquish all rights, duties, obligations and liabilities of the State and the City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred. The City should make every effort to remedy the breach as outlined by the State within a period Sheet 7 of 12 mutually agreed upon by both parties. If the potential termination of this agreement is due to the failure of the State to fulfill its contractual obligations as set forth herein, the City will notify the State that possible breach of contract has occurred. The State should make every effort to remedy the breach as outlined by the City within_ a period mutually agreed upon by both parties. C. Violation or breach of contract terms shall be grounds for termination of the agreement, and any increased costs arising from the defaulting party, breach of contract or violation of agreement terms shall be paid by the defaulting party. 10. REMEDIES This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 11. ACKNOWLEDGMENT OF RESPONSIBILITIES The City acknowledges that it is not an agent or servant of the State and is therefore responsible for the its own acts and deeds and for those of its agents, contractors or employees during the performance of the work authorized in this agreement. 12. AMENDMENTS Any changes in the character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State. 13. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, Sheet 8 of 12 illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 14. 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 courts or administrative bodies or tribunals in any manner affecting the performance of the agreement. When required, the City shall furnish the State with satisfactory proof of the compliance therewith. 15. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State: Walter O. Crook, District Engineer Texas Department of Transportation P.O. Box 3468 Beaumont, TX 77704 Attn. : Steven Stafford City: City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Attn. : Ray Riley, City Manager Sheet 9 of 12 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 16. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. 17. INSPECTION OF BOOKS AND RECORDS The State will, for purpose 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 documentation relating to costs incurred under this agreement and shall make such materials available to the State, Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of final acceptance of the work defined under this contract or until impending litigation or audits are completely resolved. Additionally, the State, FHWA and their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions. 18. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established in Title 49 CFR Part 18.36 and the property management standards established in Title 49 CFR Part 18.32. Sheet 10 of 12 19. 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 titled "Equal Employment Opportunity, " as amended by Executive Order 11375 and as supplementeg, in the Department of Labor regulations (41 CFR 60) . 20. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Disadvantaged Business Enterprise Program Requirements" established in 49 CFR Part 23, Subpart D. 21. DEBARMENT CERTIFICATIONS 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 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. Sheet 11 of 12 IN TESTIMONY HEREOF, the parties have caused these presents to be executed in duplicate counterparts. CITY OF BEAUMONT, TEXAS By: Typed Name Title Date Attest: City Secretary THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Minute Order No. 100002 and Stand Alone Manual Notice 96-3, for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. By: Larry J. Zatopek Director, General Services Division Date Sheet 12 of 12