HomeMy WebLinkAboutRES 94-178 RESOLUTION NO. 9'l-/7
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 complete the water and sanitary sewer upgrades for
the final phase of 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 -
921- '
Agreement No. 2
STATE OF TEXAS
COUNTY OF TRAVIS
Agreement for the Reconstruction of (Spur 380)
Martin Luther King Parkway
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, hereinafer called the "City" acting by
and through its duly authorized officers as evidence by
Resolution/Ordinance No. hereinafter
acknowledged by reference
WITNESSETH
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
WHEREAS, on the 29th day of July 29, 1993, the Texas
Transportation Commission passed minute order 102542 authorizing
the State' s participation in the reconstruction of SPUR 380 from
the limits of north of College Street to IH 10, a distance of
approximately 1. 6 miles; and
WHEREAS, the City has requested the State to upgrade utility
lines, from the limits of north of College Street to IH 10, as
shown in "Exhibit A" , to be hereinafter identified as the
"Project" . The State will secure the City' s consent of the
project ' s proposed work by the signatures of duly authorized City
officials in the spaces provided on the title sheet and
Agreement No. 2
Page 2
WHEREAS, the City has offered to provide one hundred percent
(100%) of the funding for the specified utility upgrading; 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. ;
NOW THEREFORE, it is understood that this proposed work will
be constructed by the State and the City will transmit to the
State with the return of this agreement, executed by the City, a
warrant or check made payable to the Texas Department of
Transportation in the amount of Sixty Eight Thousand Four Hundred
Fifteen and 12/100 dollars ($68, 415. 12) , to be used in paying for
upgrading utilities on the Project. It is further understood the
State will construct only those items for the City as requested
and required by the City and the entire cost of such items will
be borne by the City. If the State elects to receive bids and if
upon receipt of bids by the State and/or the actual construction
and/or approved changes in the contemplated improvements it is
found that this amount is insufficient to pay the City's portion,
then the City upon request of the State will forthwith supplement
this amount by an amount equal to the City's full estimated or
actual share of the cost of this work less the amount previously
paid to the Texas Department of Transportation. In the event the
amount as paid is more than the actual cost, then the excess
amount will be returned to the City.
Agreement No. 2
Page 3
TERMINATION
A. This agreement may be terminated by any of the following
conditions:
(1 . ) By mutual written agreement and consent of both parties.
(2 . ) By either party, upon the failure of the other party to
fulfill the obligation as set forth herein.
(3 . ) By satisfactory completion of all services and obligation
as set forth herein.
B. The termination of this agreement shall extinguish all
rights, duties, obligation and liabilities of the State and the
City under this agreement. If the potential termination of this
agreement is due to the failure of the City to fulfill its
contractual obligation as set forth herein, the State will notify
the City that possible breach of contract has occurred. The City
should make every effort to remedy the breach as outlined by the
State within a period mutually agreed upon by both parties.
IN WITNESS WHEREOF, The State and the City have signed duplicate
counterparts of the Agreement.
CITY OF THE STATE OF TEXAS
Certified as beii.g executed
for the purpose and effect of
BY: activating and/or carrying out
Signature the orders, established
policies or work programs
heretofore approved and
Typed Name and Title authorized by the Texas
Transportation Commission
under the authority of Minute
Order 10002 .
Date
BY:
Lawrence J. Zatopek
Director, General Services
Division
Date
UPGRADING UTILITIES ON (SPUR 380) MARTIN LUTHER KING PARKWAY
Work To Be Done For The City
Description UNIT EST. UNPT AMOUNT
QTY. PRICE
Sanitary Sewer Line (PVC) 6" LF 1759 . 00 17. 00 29, 903 . 00
Sanitary Sewer Line (PVC) 8" LF 1221. 00 19 . 00 23, 199 . 00
Water Main (PVC) 6" LF 170 . 00 23 . 00 3, 910 . 00
Water Main (PVC) 8" LF 110 . 00 25 . 00 2, 750 . 00
59, 762 . 00
E/C 4, 183 .34
63 , 945 . 34
INDIRECT COST (6. 990) 4,469 . 78
$68, 415 . 12
s 1
BEG OF PROJECT E>
C 65-08-155
CONTROL 65-08-155
STA. 680*60 ■
REF MARKERt 440.21
ant R
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END OF PROJECT
C 65-08-155
CONTROL 65-08-155
STA. 757+59. 86 ■
REF MARKERt 441. 6T
EXHIBIT A