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HomeMy WebLinkAboutRES 94-178 RESOLUTION NO. 9'l-/7 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement with the Texas Department of Transportation to complete the water and sanitary sewer upgrades for the final phase of Spur 380 (MLK Parkway) project. The agreement is substantially in the form attached hereto. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of ' 1994. - Mayor - 921- ' Agreement No. 2 STATE OF TEXAS COUNTY OF TRAVIS Agreement for the Reconstruction of (Spur 380) Martin Luther King Parkway 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 Beaumont Jefferson County, Texas, hereinafer 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 (Spur 380) Martin Luther King Parkway in the City of Beaumont ; and WHEREAS, on the 29th day of July 29, 1993, the Texas Transportation Commission passed minute order 102542 authorizing the State' s participation in the reconstruction of SPUR 380 from the limits of north of College Street to IH 10, a distance of approximately 1. 6 miles; and WHEREAS, the City has requested the State to upgrade utility lines, from the limits of north of College Street to IH 10, as shown in "Exhibit A" , to be hereinafter identified as the "Project" . The State will secure the City' s consent of the project ' s proposed work by the signatures of duly authorized City officials in the spaces provided on the title sheet and Agreement No. 2 Page 2 WHEREAS, the City has offered to provide one hundred percent (100%) of the funding for the specified utility upgrading; 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. ; NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the Texas Department of Transportation in the amount of Sixty Eight Thousand Four Hundred Fifteen and 12/100 dollars ($68, 415. 12) , to be used in paying for upgrading utilities on the Project. It is further understood the State will construct only those items for the City as requested and required by the City and the entire cost of such items will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid to the Texas Department of Transportation. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. Agreement No. 2 Page 3 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. (3 . ) By satisfactory completion of all services and obligation as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligation 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 obligation 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 mutually agreed upon by both parties. IN WITNESS WHEREOF, The State and the City have signed duplicate counterparts of the Agreement. CITY OF THE STATE OF TEXAS Certified as beii.g executed for the purpose and effect of BY: activating and/or carrying out Signature the orders, established policies or work programs heretofore approved and Typed Name and Title authorized by the Texas Transportation Commission under the authority of Minute Order 10002 . Date BY: Lawrence J. Zatopek Director, General Services Division Date UPGRADING UTILITIES ON (SPUR 380) MARTIN LUTHER KING PARKWAY Work To Be Done For The City Description UNIT EST. UNPT AMOUNT QTY. PRICE Sanitary Sewer Line (PVC) 6" LF 1759 . 00 17. 00 29, 903 . 00 Sanitary Sewer Line (PVC) 8" LF 1221. 00 19 . 00 23, 199 . 00 Water Main (PVC) 6" LF 170 . 00 23 . 00 3, 910 . 00 Water Main (PVC) 8" LF 110 . 00 25 . 00 2, 750 . 00 59, 762 . 00 E/C 4, 183 .34 63 , 945 . 34 INDIRECT COST (6. 990) 4,469 . 78 $68, 415 . 12 s 1 BEG OF PROJECT E> C 65-08-155 CONTROL 65-08-155 STA. 680*60 ■ REF MARKERt 440.21 ant R W O M j 1D LZ � •• J S r F car Iqq MD W W ai Its U y� tie 1� t W ,lam F END OF PROJECT C 65-08-155 CONTROL 65-08-155 STA. 757+59. 86 ■ REF MARKERt 441. 6T EXHIBIT A