HomeMy WebLinkAboutRES 94-172 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 with the
Texas Department of Transportation to furnish and install the traffic signals on the last
phase of the 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 -
Agreement No.
STATE OF TEXAS
COUNTY OF TRAVIS
AGREEMENT FOR THE FURNISHING AND INSTALLING OF
TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY
4
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 ) Martin Luther King Parkway
in the City of Beaumont and r
WHEREAS, the City has requested the State to reimburse the cost of
furnishing and installing traffic signal equipment at the terseFtin(S�
of Laurel Ave. , Liberty Ave. , Calder Ave. , North St. , South oun our
frontage roads with IH10 and NoFT oun Spur 380 frontage roads with
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 31 day of August 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
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
$ 230 .000. 00 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
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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 Dent. of Transnortation
P . O. Box 3468 , Beaumont , Texas . 7/704-3467
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
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
irg-'Callation 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
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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
Pr_i-o-r--t ot'he Gi y PQ =ys -*-j ie=.•�=--work on this rP=0jeat,—the Gity hall
L GCiZTr.�I'S3Z'C TSlC Ct�:TC" ? _,_�:.r. {•��• �'�TT 's S$C+�cC e L I n s; r-an s e
;9 . 192 3 -82) and Wh_all ffi-a-ifit-a-in the insumanan in full LorI;Q 2-mid afigat as
long as this ppejeet aAd- the City 4,s r0__siaet;sihJQ €er- the—:9;=t;i hifig,
signal equipmen
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
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ARTICLE 15 . INS CT T OF CITY'S BOOKS AND :Cc is
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
i
y
IN ,WITNESS WHERE i State and the City 1 -e -gned isduplcate
counterparts of this Agreement.
The City of : Beaumont THE STATE OF TEXAS
Executed for the Executive Director
By: and approved for the Texas
(Name) Transportation Commission under the
authority of Minute Order 100002
and Administrative Circular 26-93,
City Manager for the purpose and effect of
(Title) activating and/or carrying out the
orders, established policies or
work programs by the Texas
Transportation Commission.
(Date)
APPROVED:
By:
Director,
ATTEST: Traffic Operations Division
Date:
City Secretary
FITSEM: STATE2
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EXHIBIT A
MLK SIGNAL-COST ESTIMATE
7/1/94
UNIT LAUREL LIBERTY CALDER NORTH 1-10
COST QTY COST QTY COST QTY COST QTY COST QTY COST
MAST ARM -24' $600.00 0 $0 0 $0 0 $0 0 $0 1 $600
MAST ARM -30'/32' CLAMP $750.00 0 $0 0 $0 0 $0 0 $0 3 $2,250
MAST ARM -36' $750.00 0 $0 0 $0 0 $0 0 $0 4 $3,000
SPAN WIRE POLES $2,500.00 4 1 $10,000 4 $10,000 4 $10,000 4 1 $10,000 0 $0
SIGNAL POLE-TY II $600.00 0 $0 0 $0 0 $0 0 $0 2 $1,200
SIGNAL POLE-TY Iii $950.00 0 $0 0 $0 0 $0 0 $0 3 $2,850
PEDESTAL POLE $250.00 0 $0 1 $250 0 $0 0 $0 11 $2,750
CONTROLLER $2,250.00 1 $2,250 1 $2,250 1 $2,250 1 $2,250 1 $2,250
CABINET& MONITOR $3,400.00 1 $3,400 1 $3,400 1 $3,400 1 $3,400 1 $3,400
SIGNAL HEAD-3 SECTION $150.00 6 $900 6 $900 8 $1,200 6 $900 16 $2,400
SIGNAL HEAD -5 SECTION $250.00 1 $250 1 $250 4 $1,000 1 $250 0 $0
POLE FOUNDATIONS $300.00 4 $1,200 4 $1,200 4 $1,200 4 $1,200 16 $4,800
LOOP WIRE $0.09 1270 $114 980 $881-2050 $185 2180 $196 1800 $162
LOOP LEAD-IN $0.19 1710 $325 770 $146 1450 $276 1600 $304 4650 $884
#14/4C $0.16 480 $77 490 $78 540 $86 490 $78 905 $145
#14/7C $0.25 100 $25 180 $45 340 05 180 $45 0 $0
#14112C $0.44 570 $251 720 $317 450 $198 400 $176 5000 $2,200
#6/1C $0.08 300 $24 300 $24 300 $24 300 $24 340 $27
LOOP SEALANT $4.25 150 $638 125 $531 250 $1,063 175 $744 250 $1,063
MOUNTING HARDWARE $75.00 7 $525 7 $525 12 $900 7 $525 16 $1,200
CONTROLLER FOUNDATION $100.00 1 $100 1 $100 1 $100 1 $100 1 $100
SPAN WIRE $0.20 1180 $236 1080 $216 1100 $220 960 $192 0 $0
PEDESTRIAN HEADS $200.00 8 $1,600 8 $1,600 8 $1,600 8 $1,600 24 $4,800
PED PUSH BUTTONS $20.00 8 1 $160 8 $160 8 $160 8 $160 24 $480
COMMUNICATION CABLE $0.40 8000 1 $3,200 0 $0 0 $0 0 $0 0 $0
MATERIAL TOTAL $25,274 $22,081 $23,946 1 $22,144 $36,560
PERSONNEL TOTAL $11,000 $11,0001 $11,000 $11,000 $16,500
EQUIPMENT TOTAL $5,000 $5,000 $5,000 $5,000 $7,500
TOTAL $41,274 $38,081 $39,946 $38,144 1 $60,560
ROUNDED TOTAL 1 $45,000 $40,000 $40,000 $40,000 1 $65,000
PROJECT TOTAL $230,000