Contract - Texas Department of Transportation - 4/14/2016Contract No 0015-09-179
STATE OF TEXAS §
COUNTY OF TRAVIS §
AGREEMENT FOR FURNISHING OF
TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY
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 Round Rock,
Williamson County, Texas, hereinafter called the "City," acting b and throu h its duly
authorized officers as evidenced by Resolution/mese No. - �l , hereinafter
acknowledged by reference.
WITNESSETH
WHEREAS, the State owns and maintains a system of highways and roadways,
including_FM 3406, in the City of Round Rock; and
WHEREAS, the City has requested the State to reimburse the cost of furnishing traffic signal
equipment at the intersection(s) of IH 35 and FM 3406 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 Project; and
WHEREAS, on the 19th day of November, 2015, the Texas Transportation Commission
passed Minute Order Number 114417, approving the Project; and
WHEREAS, the State is authorized to enter into an agreement with the City for the Project
pursuant to Section 220, Texas Transportation Code;
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:
AGREEMENT
Article 1. CONTRACT 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.
Article 2. CONSTRUCTION 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
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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."
Article 3. COMPENSATION
A. The maximum amount under this agreement without modification is $ 27,747.69. A cost
estimate of the traffic signal equipment furnished by the City under this agreement is
marked "Exhibit A," 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
Order" by the State will not be reimbursed. Reimbursement will be made by the State to
the City for applicable labor, equipment use, materials, supplies, travel expenses, and
warehouse or material handling charges provided the City has paid from City funds their
obligations covering items of costs previously billed.
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
following address:
Texas Department of Transportation, Attn: Business Services Supervisor, Juli
Word, P.O. Box 15426, Austin, Texas 78761-5426
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 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 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.
Article 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 may be 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 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.
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Article 6. INSPECTION OF WORK
A. The State shall make suitable, frequent, and complete inspection of all materials,
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 systems components and installation
procedures without delay.
Article 7. TERMINATION
This agreement may be terminated by one of the following conditions:
(1) By mutual agreement and consent of both parties.
(2) By the State giving written notice to the City as a 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.
Article 8. INDEMNIFICATION
The City acknowledges that it is not an agent, servant, or employee of the State and thus, is
responsible for its own acts and deeds and for those of its agents or employees during the
performance of the work defined in this agreement.
Article 9. 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 10. 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 11. 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.
Article 12. 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.
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Article 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.
Article 14. 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:
City:
City of Round Rock
Attention: Mayor
221 E. Main Street
Round Rock, Texas 78644
State:
Texas Department of Transportation
Attn: District Engineer, Austin District
P.O. Box 15426
Austin, Texas 78761-5426
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.
Article 15. INSPECTION OF CITY'S BOOKS AND RECORDS
A. The State shall, 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 and/or materials furnished by the City at the time of contract termination. The
City shall maintain all books, documents, papers, accounting records, and other
documentation pertaining to cost incurred under this contract and shall make such
materials available to the State, or its duly authorized representatives for review and
inspection at its office during the contract period and for three (3) years from the date of
final payment under this contract or until impending litigation is resolved. Additionally, the
State 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. At the request of the State, the Local
Government shall submit any information required by the State in the format directed by
the State
B. The state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, under the direction of
the legislative audit committee, to conduct an audit or investigation in connection with
those funds. An entity that is the subject of an audit or investigation must provide the
state auditor with access to any information the state auditor considers relevant to the
investigation or audit.
Article 16. 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
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construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
Article 17. 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.
Article 18. PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understanding or written or oral agreements between the parties
respecting the within subject matter.
IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the
agreement.
THE CITY OF ROUND ROCK
Executed ,behalf of the City by:
By � ' bllDate
Typed or Printed Name and Title: Alan McGraw
Mayor, City of Round Rock
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission
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.
By Date
District En6inger
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Exhibit A
Attachment to Agreement for Furnishing and Installing
Of Traffic Signal Equipment by a Municipality
Date: February 10, 2016
Subject: Reimbursement cost estimate for signal equipment at: FM 3406/13ridge
Replacement
CSJ: 0015-09-179
Item
Vehicle Detection System
Communication Network Radio
Harden Network Switch
PTZ Network Camera/CCTV Equipment
Total Cost
Unit Price
$22,250.00
$ 2,470.00
$ 1,189.29
$ 1,838.40
$27,747.69
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