HomeMy WebLinkAboutRES 94-058 RESOLUTION NO.
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,
substantially in the form attached hereto as Exhibit "A," with the Texas Department of
Transportation for the upgrade of fixed-time traffic signals on the IH-10 frontage roads at
Washington Boulevard to fully actuated operation.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the F,,Vt day
of � ,-� ,� ,-- , 1994.
- Mayor -
Agreement No. N/A
STATE OF TEXAS
COUNTY OF TRAVIS
ACS RR THE FURNISHING AND INSTA11M4G OF
TRAFFIC SIGNAL EQUTIPMENr BY A MJNZCTPAT.l*i'Y
THIS AGREE ERR 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 evidence by Resolution/Ordinance No. ,
hereinafter acknowledged by reference.
W I T N E S S E T H
wh-E-RZ S, the State owns and maintains a system of highways and roadways,
including IH 10
in he City of BEAUMONT and
W I RE'AS, the City has requested the State to reimburse the cost of furnishing and
installing traffic signal equipment at the intersection(s) of
IH 10 frontage roads with Washington Boulevard
hereinafter called the "Project"; and '
W=H E'.AS, the State and City wish to cooperate in the construction of this
Project; and
W=AS, the City desires that equipment be provided that is compatible with
standard signal operation and/or existing City equipment; and
w1SAS, 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
WF—ERFAS, on the N/A day of N/A , 19 N/A , the Texas
Transportation Commission passed Minute Order No. N/A
a=roving the Project; and
W=EAS, the State is authorized to enter into an agreement with the City for the
Project pursuant to Article 6673-b, V.T.C.S. ;
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EXHIBIT "A"
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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. C mitract 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 incamplete, or unless otherwise
terminated or modified as hereinafter provided.
Article 2. Cbastruction Responsibilities
A. For all items of construction other than furnishing and .installing 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 said plans.
The State will secure the City's approval of construction plans prior to award
of contract.
B. The furnishing and installing 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 1 L amount under this agreement without modification is
$ 15,000 . 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 terns 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 :Wade by the State to the City for labor, equipment use, materials,
supplies, travel expeilses, .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� t1:e*-eof..
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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, mmmarizing 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. Persomel, , 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 pry 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.
Article 6. Inspection of Wiox:k
A. The State shall make suitable, frequent, and ccmplete inspection of all
materials, and equipment, and the work of installation to determine and permit
certification that the Project and its cmPonents 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
ccoplete 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 aonmonents and
installation procedures without delay.
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Article 7. Termination
A. This agreement may be terminated by one of the following conditions:
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(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 (3 0) 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 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. Tndem-i fication
To the extent permitted by law, the City shall save harmless the State from all
claims and liability due to activities of itself, its agents, or employees,
performed under this agreement and which result from an error, amission, or
negligent act of the City or of any person mployed by the City. The City shall
also save har:zless the State from any and all expenses, including attorney fees
which might be incurred by the State in litigation or otherwise resisting said
claim or liabilities which might be imposed on the State as the result of such
activities by the City, its agents or employees.
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
su xnnt actors must adhere to the provisions of this agreement.
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Article 12.
Ganges in the time frame, character, responsibilities, or obligations authorized
s herein shall be enacted by written amendment. Any amendment to this agreement
must be executed by both parties.
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Article 13. Insurance (Mark out the following paragraph that is not
applicable)
A. Outside Insurance
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of:--Imc zce 9-82) and ds aaai
a t-a3 e y
OffeQt as this- re5eet '--L-
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��Mls signal
B. Self Insured
Prior to the City performing any work on this Project, the City shall furnish to
the State a c^npleted Certification of Insurance (Form 20.102 3-82) 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.
3 Article 14. &x=essors and Assigns
The City shall not assign or otherwise transfer its rights or obligations under
this agreemeant except with the prior written consent of the State.
Article 15. Inspection of city's Books 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,
ac=unting records and other documentation relating to costs incurred under this
contact 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 sha11 have access to all records of the City
which are directly applicable to this contract foL the purpose of making audits,
examinations, excerpts and transcriptions.
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Article 16. Legal cn
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 construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
Article 17. Governing Iaws and Venue
This agreement shall be construed under and in acxordance 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 Amts S�*.erseded
This agre—enent 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 WHEPMF, The State and the City have signed duplicate counterparts of
the Agree—me_nt.
CI'T'Y OF BEAUMONT TEE STATE OF MCAS
Certified as being executed for the
purpose and effect of activating
By: and/or carrying out the orders,
Signature established policies, or work
programs heretofore approved and
authorized by the Texas
Transportation Camdssion under
the authority of Minute Order 100002:
Typed Name and Title
By:
Signature
Date
Traffic Operations Engineer
Date
=EM:SZ'=- 10/92 '
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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/illumination 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
1 of 1 11-91
RESOLUTION (TRAFFIC SIGNAL/ILLUMINATION)
STATE OF TEXAS
COUNTY OF
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
11-91