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HomeMy WebLinkAboutRES 94-083 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 for the Furnishing and Installing of Traffic Signal Equipment by a Municipality with the Texas Department of Transportation to install traffic signals on the section of Spur 380 between Pennsylvania and Wall. The Agreement is attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the,S,-'—� day of 1994. - Mayor - f Agreement No. N/A STATE OF TEXAS COUNTY OF TRAVIS 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 evidence 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 380 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 380 frontage roads with Pennsylvania, Spur 380 frontage roads with Park, _S"r 380 with Franklin, S"r 380 with College, and Spur 380 with Wall , 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 'i1 day of Augiisst 19 77 the Texas Transportation Commission passed Minute Order No. 73282 approving the Project; 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. ; FITSEM: STATE2 10/92 Sheet 1 of 7 EXHIBIT "A" 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 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 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 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. FITSEM: STATE2 10/92 Sheet 2 of 7 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, TX 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, 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 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. 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. FITSEM: STATE2 10/92 Sheet 3 of 7 I 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 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 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, omission,- or negligent act of the City or of any person employed by the City. The City shall also save harmless 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. FITSEM: STATE2 10/92 Sheet 4 of 7 _ 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 . ARTICLE 13 . INSURANCE (Mark out the following paragraph that is not applicable) A. Outside Insurance 2e . 102 3 82) and shall maintain the insuranee in full feree and effeet as leng as this PEejeet lasts and the City isible for the furnishing, signal egaigment . B. Self Insured Prior to the City performing any work on this Project, the City shall furnish to the State a completed 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 . 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. FITSEM: STATE2 10/92 Sheet 5 of 7 ARTICLE 15 . INSPECTIOL jF CITY'S HOOKS AND RECORD. 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 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. Sheet 6 of 7 IN WITNESS WHEREOF, thk hate and the City have si, ..ed duplicate counterparts of this Agreement. i 1 i i CITY OF Beaumont THE STATE OF TEXAS 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 Commission under Ray A. Riley, City Manager the authority of Minute Order Typed Name and Title 100002 : By: Date Traffic Operations Engineer Date FITSEM: STATE2 Sheet 7 of 7