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HomeMy WebLinkAboutRES 12-150 RESOLUTION NO. 12-150 WHEREAS, on October 13, 2009, the City Council of the City of Beaumont, Texas, passed Resolution No. 09-318 authorizing the City Manager to submit a grant application for the Traffic Signal Synchronization or Replacement Stimulus Grant Program provided by the American Recovery and Reinvestment Act for the purpose of updating and repairing public infrastructure; and, WHEREAS, on December 13, 2011, City Council passed Resolution No. 11-356 ratifying and accepting Contract No. CS0004 entered into on February 1, 2010, between the City of Beaumont and the Comptroller of Public Accounts, State Energy Conservation Office, and Amendment No. 1, effective April 26, 2010, and authorizing Amendment No. 2; and, WHEREAS,Amendment No. 3, substantially in the form attached hereto as Exhibit "A," is necessary to clarify how expenditures are categorized within Contract No. CS0004; NOW, THEREFORE, BE IT RESOLVED B Y THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Amendment No. 3 to Contract No. CS0004 between the City of Beaumont and Comptroller of Public Accounts, State Energy Conservation Office for the purpose described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of July, 2012. y Mayor BecVy Ames - AMENDMENT NO.3 TO CONTRACT NO.CS0004 BETWEEN THE CITY OF BEAUMONT AND COMPTROLLER OF PUBLIC ACCOUNTS STATE ENERGY CONSERVATION OFFICE(SECO) RELATED TO AMERICAN RECOVERY AND ACT(ARRA) TRANSPORTATION EFFICIENCY PROGRAM L Recitals This Amendment No. 3 (Amendment)to the Contract No. CS0004(Agreement) is entered into by and between the Comptroller of Public Accounts(Comptroller)and the City of Beaumont(Subrecipient),801 Main Street,Suite 300,Beaumont,Texas 77701. WHEREAS,Comptroller and Subrecipient entered into the Agreement effective February 1,2010; WHEREAS,Comptroller and Subrecipient entered into Amendment No. 1 effective April 26,2010; WHEREAS, Comptroller and Subrecipient entered into Amendment No. 2 effective December 20, 2011;and WHEREAS, Comptroller and Subrecipient desire to execute this Amendment to amend the Attachment A,Statement of Services to be Performed; NOW, TORE, in consideration of mutual covenants and agreements herein contained Comptroller and the Subrecipient agree to the following amendment of the Agreement: II.Amendment This Agreement is hereby amended by deleting Attachment A, Statement of Services to be Performed,in its entirety and replacing it with the new,revised Attachment A,Statement of Services to be Performed, which is attached to and incorporated into this Amendment as Exhibit 1 for all purposes. III.Ineorporatioe of Amendments 1. This Amendment,together with the Agreement and any prior amendments,represerits the entire agreement between the parties concerning the subject matter of this Amendment and supersedes any and all prior or contemporaneous oral or written statements, ate, correspondence, quotations or negotiations. 2. In the event of conflicting language between the Agreement, any prior amendments, and the language in this Amendment,the language in this Amendment shall control. 3. Except as expressly amended herein, all other terms of the Agreement as amended, remain unchanged, are in full force and effect, and are ratified and affirmed by the pasties. By their execution and delivery of this Amendment neither party waives or releases any default hereunder. Page I of 3 EXHIBIT"A" TV.Signatories The undersigned signatories represent and warrant that they have full authority to enter into this Amendment on behalf of the respective parties named below. This Amendment may be executed in one or more counterparts, each of which is an original, and all of which constitute only one agreement between the parties. IN WITNESS WHEREOF,the parties have executed this Amendment to be d6ective as of April 30, 2012. COMPTROLLER OF PUBLIC ACCOUNTS CITY OF BEAUMONT By Martin A.Hubert By Kyle Bayea Deputy Comptroller City Manager Date Date Page 2 of3 Exhibit 1 ATTACEUdM A Contract CS0004 STATEMENT OF SEWICES'TO HE PER�MR —AMM M>eEAa N A. Subre cipint shall pnwbde the following services during the period of this Agreem d and all services reasonably related to the=The Comptroller may request additional releor*Wohmation or reports related to the services hereinafter dose feed and funded by the Comptroller pursuant to Attaclumteant A. The minimum deliverables and milestones are summarised as follows: Deliverables and hillestones bmbxkm&Tboonne 1. Subrecipient shall perform an inventory of existing signal equipment and Upon Coming-April 2012 identify existing equipment and signal related signing,pavement markings, street lighting for compliance with current standards. 2. Subrecipient shall ident fy,develop and oversee replacement of outdated February 2010-April 2012 and/or malfunctioning equipment and/or installation of equipment necessary for the implementation of signal systems. 3. Subrecipient shall develop a maintenance plan to include monitoring of February 2010-Ongoing new signal timings for accuracy. 4. Subrecipient shall purchase signal light components,materials,and March 2010—April 2012 services in accordance with all federal,state,and local laws concerning purchase of goods and services. 5. Subrecipient shall prepare and submit a Monthly Progress Report in On or before the last day of each accordance with ATTACHMENT-L,ARRA Reporting Requirements as month outlined in the Agreement. 6. Subrecipient shall prepare and submit the Final Project Report. 30 days prior to end of contract 7. Subrecipient shall perform installation and deployment of real-time October 2011—April 2012 adaptive traffic control system along Dowlen Road Corridor from F.astx Freeway to College Avenue and Phelan Blvd.from Dowlan Road to Liberty Street. B. Budget Equipment' $1,490,479.49 $556,448.90 S2,046,97$39 Personnel 50.00 $0.00 Subcoutraet S571,49d1.90 -$556,498.90 $13,000.90 Total $2,061,970 $2,061,97839 Contractor Provided Moteh S4e%X4.82 S4%V4X 'Contractor shall not purchase say equipment or computer software for its pe r under this Agreement vatlhoat prior written apgrovat from Agway. For this propose, equipment is defined as tangible pm=W property having a useful life of more than one year and an acquisition cost of nve tbomand dollars($6,000.00)or more per unit. Tide to and control over equipment or liomm of any software so purchased for Contractor's pe+foriname under this Agreement shall remain with Contractor so long as it is being used for the purpose for which it was intended uneler the terms of this Agreement. 2 Jacob Be&ld,P.E.,Traffic Euginw,shall be Project Director for this project and shall be responsible for the overall supervision and conduct of the project on behalf of Contractor.Arry Change of Project Director shall be subject to the prior written approval of Agency. Page 3 of 3