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HomeMy WebLinkAboutRES 96-194 RESOLUTION NO. 9 G- 195! 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 (TxDOT) to install the traffic signal at the intersection of Spur 93 and the US69 Frontage Roads. The agreement is substantially in the form attached hereto. PASSED BY THE CITY COUNCIL of the City of Beaumont this the a2D day of 1996. - Mayor - 1 Agreement No. .�eaa4 § AGREEMENT FOR THE FURNISHING AND INSTALLING 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 Beaumont, Jefferson County, Texas, hereinafter called the "City, " acting by and through its duly authorized officers as evidenced by Resolution/Ordinance No. hereinafter acknowledged by reference. W I T N E S S E T H WHEREAS, the State owns and maintains a system of highways and roadways, including Spur 93 (West Port Arthur Road) in the City of Beaumont ; and WHEREAS, the City has requested the State to reimburse the cost of furnishing and installing traffic signal equipment at the intersection (s) of Spur 93 with the US 69 (Cardinal Drive) frontage roads , 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 and installing traffic signal equipment on the Project; and WHEREAS, on this 26th day of October , 19 95 , the Texas Transportation Commission passed Minute Order No. 106303 approving the Project; and WHEREAS, the State is authorized to enter into an agreement with FITSEM:STATE2 1-96 Page 1 of 7 the City for the Project pursuant to Article 6673 -b, V.T.C. S. ; 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 : 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 and installing specific 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 and installing of specific 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 $ A cost estimate of the work authorized 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 and installing 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 FITSEM: STATE2 1-96 Page 2 of 7 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 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 P.O. Box 3468 Beaumont Texas 77704 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, providing 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 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 FITSEM: STATE2 1-96 Page 3 of 7 given prior approval for the use of said materials . All materials used for the work shall be new and undepreciated. ARTICLE 6 . INSPECTION OF WORK 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 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 A. 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 perform the services and obligations set forth in a satisfactory manner and within the limits provided, 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. B. If, at any time, the City fails to assume the construction responsibilities as prescribed herein or the maintenance and operation responsibilities for the City' s portion of the traffic signal equipment in a satisfactory manner as determined by the State, the State reserves FITSEM: STATE2 1-96 Page 4 of 7 the right to assume the construction responsibilities and/or to arrange for the maintenance and operation responsibilities at the expense of the City. 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 subcontractor 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. ARTICLE 13 . INSURANCE (Mark out the following paragraph that is not applicable) Pricy t„ *ham r; *•, per.-P,,,...,,;^T,any woz r. on. this Frej®ct, the-�,it3�--Sha.14 1 FITSEM: STATE2 1-96 Page 5 of 7 mentiened tr-af_g B. Self Insured Prior to the City performing any work on this Project, the City shall furnish to the State a complete Certificate of Insurance (Form 20. 102, latest version) and shall maintain its self-insurance program in full force and effect as long as this Project lasts and the City is responsible for the furnishing, installing, maintenance, and operation of the traffic signal equipment. The State understands that the City is a self insured entity for public liability purposes . ARTICLE 14 . 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 15 . INSPECTION OF CITY'S BOORS AND RECORDS 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 relating to costs 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 . 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 FITSEM: STATE2 1-96 Page 6 of 7 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. 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 understandings 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 this agreement. CITY OF BEAUMONT THE STATE OF TEXAS Executed for the Executive Director and approved for the By: Texas Transportation Commission Signature under the Authority of Minute Order 100002 and Stand Alone Manual Notice 95-4, for the purpose and effect of activating and/or carrying out the orders, established policies or work programs by Typed Name and Title the Texas Transportation Commission. Date By: District Engineer Beaumont District Date FITSEM: STATE2 1-96 Page 7 of 7 ORDINANCE NO . AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED BETWEEN THE STATE OF TEXAS AND THE CITY OF , FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/LIGHTING AT THE LOCATION(S) SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION 1 . That the certain agreement dated between the State of Texas and the City of , for the installation, construction, existence, use, operation and maintenance of certain highway traffic signals/lighting at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of be and the same is hereby approved, and is hereby authorized to execute said agreement on behalf of the City of and to transmit the same to the State of Texas for appropriate action. SECTION 2 . The fact that the improvements contemplated under the above mentioned agreement are needed, creates and emergency which for the immediate preservation of the public peace, health, safety, and general welfare requires that this Ordinance take effect immediately from and after its passage, and it is accordingly so ordained. PASSED: APPROVED: Mayor ATTEST: Secretary City Clerk APPROVED AS TO FORM: City Attorney ORDINANCE 1-95 (TRAFFIC SIGNAL/LIGHTING) 1-1 i RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. That the certain agreement dated between State of Texas and the City of for the installation, construction, existence, use, operation, and maintenance of certain highway traffic signals/lighting at the location (s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of be and the same is hereby approved, and is hereby authorized to execute said contract on behalf of said city and to transmit the same to the State of Texas for appropriate action. SECTION 2 . That this Resolution shall take effect immediately upon its passage. ADOPTED: APPROVED: Mayor ATTEST: Secretary City Clerk APPROVED AS TO FORM: City Attorney RESOLUTION 1-95 (TRAFFIC SIGNAL/LIGHTING) 1-1 mfa�,e o/.Jeaa4 I- the duly appointed, qualified and acting city secretary of the City of Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance/resolution duly passed by the City Council at a meeting held on , A.D. , 19 , at o'clock M. To certify which, witness my hand and seal of the City of Texas, this day of , 19 , at Texas . City Secretary of the City of Texas CITY SECRETARY' S CERTIFICATE 1-95 1-1 TEXA; )EPARTMENT OF TRANSPOR` TION TRAFFIC SIGNAL AUTHORIZATION FORM County City Name* or Rural Area County No. District Beaumont Jefferson - 124 Beaumont Population by latest Federal Census* : 114 . 323 mile Control Ref. Hwy. No and Street Name (if any) Point Section Marker Major St. Spur 93 (W Gfi Port Arthur Rd ) 0_. 000 10.75-01 - 448-0 , 200 Freeway Frontage Road? Yes X No Minor St. US 69 N F R (Cardinal Dr. ) 5 . 008 200-14 528+1 .712 Freeway Frontage Road? X Yes No Signal Requested: Flashing Beacon X Traffic Signal Other Request of: 5/17/96 by: X City County TxDOT Other Individual (date) DISTRICT TRAFFIC SECTION RECOMMENDATIONS None Flashing Beacon X #Traffic Signal Other Remarks : with safety li htin n r ilroa reem ti n fe #TXMUTCD WARRANT S) MET (Circle) : 1 2 3 4 5 6 7 8 9 10 11 12-2HR 12 8HR Maintenance by: City County X TxDOT Installation by: City County X TxDOT Contract Funding by: District Maintenance Funds Urban (HES) Preventative Maintenance Program (CPM) X Other (specify) State Funds Estimated Cost: _$ 45. 000 Proposed Letting Date: Dec. 1996 E' / s /36 Duane Brownincr - 0 1 Tra fic Section Signature DATE Project Manager & No. Remarks : RECOMMENDATIONS APPROVED- _ District Engineer (d te) * - if unincorporated city, please show "UNIC. " , Population not required SEND ONE COPY TO THE TRAFFIC OPERATIONS DIVISION - TRF-TE (FOR PERMANENT FILE AND TO INITIATE FUNDING OR JOB NUMBERS WHEN NECESSARY) . ' TEXA- )EPARTMENT OF TRAN9POR:- TION TRAFFIC SIGNALAUTHORIZATION FORM City Name* or Rural Area County County No. District Beaumont Jefferson - 124 Population by latest - Bea �mon Federal Census* : 114 , 323 Hwy. No and Stre t Name (if any) Mile Control Ref. Point Section Marker Major St. _ spur 93 (West Port Arthur Rd ) 0. 087 1075-01 448-0 , 113 Freeway Frontage Road? Yes X No Minor St. 69 S.F.R. Cardinal Dr ) 5 . 068 200-14 Freeway Frontage Road? X Yes No X28+1 `772 Signal Requested: Flashing Beacon X Traffic Signal Other Request of: 5/17/96 by: X City County TxDOT Other (date) Individual DISTRICT TRAFFI SECTION RECOMMENDATIONS None Flashing Beacon X #Traffic Signal Other Remarks: wit f li ht'ng an r ilro r o f #TXMUTCD WARRANT(S) MET (Circle) : 1 2 3 4 5 6 7 8 9 10 11 12-2HR 12 8HR Maintenance by: City County X TxD Installation by: City County X TxDOT Contract Funding by: District Maintenance Funds Urban (HES) Preventative Maintenance Program (CPM) X Other (specify) State Funds h Estimated Cost: $ 45, 000 Proposed Letting Date: Dec. 1996 / Duane Browning Traf is Section Signature DATE 1 Project Manager & No. Remarks : RECOMMENDATIONS APPROVED District Engineer (date) * - if unincorporated city, please show "UNIC. 11 population not required SEND ONE COPY TO THE TRAFFIC OPERATIONS DIVISION - TRF-TE (FOR PERMANENT FILE AND TO INITIATE FUNDING OR JOB NUMBERS WHEN NECESSARY) .