HomeMy WebLinkAboutRES 18-177RESOLUTION NO. 18-177
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Municipal
Maintenance Agreement between the City of Beaumont and Texas Department of
Transportation (TxDOT) for additional mowing and/or litter control maintenance on
certain state routes within the City of Beaumont, including IH -10 and Hwy 69. The
Agreement is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
August, 2018.
Mafo) Becky Amdrss-
STATE OF TEXAS §
COUNTY OF JEFFERSON §
MUNICIPAL MAINTENANCE AGREEMENT
WHEREAS, the State of Texas, acting through the Texas Department of Transportation,
(the "State"), currently provides mowing and litter clean up maintenance on certain state
routes within the City of Beaumont, including IH -10 and HWY 69; and
WHEREAS, the State conducts this mowing and litter control maintenance through its
mowing and litter control contractors; and
WHEREAS, the City of Beaumont, (the "City"), desires to perform additional mowing
and/or litter control maintenance on the aforementioned state routes; and
WHEREAS, the City and the State agree to enter into a Municipal Maintenance
Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed, as hereinafter
set forth, the City and State do mutually agree to the agreement as follows:
CONTROLLED ACCESS HIGHWAYS
State's Duties
Reimburse the City for mowing and clean up of litter between the State right-of-way lines.
Reimbursement shall be limited to three (3) mowing cycles per year (in approximately May,
July and October), and up to twelve (12) litter cycles per year (on a monthly basis). The rates
of reimbursement shall be based on the average 2017 mowing and litter pick up cost for
Jefferson County. The average cost for each cycle was $32.88/acre for mowing and $19.55/acre
for litter clean up. Reimbursement may be further limited if the State adopts a statewide policy
reducing the number of mowing cycles to less than three (3) per year or the number of litter
clean up cycles to less than twelve (12) per year. If the State's policy changes to further reduce
the State's mowing or litter clean up cycles, the State shall notify the City, in writing, within
sixty (60) days of this change. If the State fails to notify the City as required under this
paragraph, the State shall be responsible for payments to the City in accordance with the
EXHIBIT "A"
previously agreed upon reimbursement schedule.
City's Duties
• Mow and clean up litter between the State right-of-way lines for a minimum period of two (2)
years.
• Submit invoices for mowing and litter clean cycles at intervals as established
above.
The City agrees that for mowing and litter clean up, if performed by employees of the City, the City
shall show proof of self-insurance. If mowing and/or litter clean-up is performed by a contractor(s)
selected by the City through its selection process; the City shall require the contractor(s) to have in
place, insurance as evidenced by the State's Certificate of Insurance form. The City will also require
any contractor(s) to agree to indemnify and save harmless the state from all claims and liability due
the contractor(s) material or activities of itself, its agent, or employees, performed under agreement
with city that are caused or may result from error, omission, or negligent act. Prior to any mowing
or litter clean up by the City, such evidence of self-insurance or certificate of insurance shall be
provided to State.
Termination
This Agreement is expressly made subject to the rights granted to the State to terminate this
Agreement without cause upon notice and to the rights granted to the City to terminate this Agreement
without cause upon notice after two (2) years, and upon the exercise of any such right by either party,
this Agreement will terminate. The State or the City may terminate this Agreement upon notice at
any time for a violation of the terms of this Agreement. The termination of this Agreement does not
affect any other agreements between the parties. If the City has entered into a contract with a third
party to perform any services under this Agreement, this Agreement will continue in effect until the
current term of the contract has expired.
In all other respect, the Agreement shall remain in force and effect without change.
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IN TESTIMONY WIEROF, the parties hereto have caused this Agreement to be executed in
duplicate. The Agreement becomes effective when last executed. In all other respects, the
Municipal Maintenance Agreement shall remain in full force and effect without change.
THE CITY OF BEAUMONT THE STATE OF TEXAS
City Manager
Date:
Attested By:
City Clerk
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Executed for the Executive Director and
approved by the Texas Transportation
Commission for the purpose and effect of
activating and/or carrying out the orders
and established policies or work programs
heretofore approved and authorized by the
Texas Transportation Commission.
Approved:
By:
Tucker Ferguson, PE
District Engineer
Beaumont District,
Texas Department of Transportation
Date:
ATTACHMENT "A"
Description and frequency of work:
• Three (3) mowing cycles per year to the 535 acres at $32.88 per acre for a total of
$52,772.40.
• Twelve (12) litter cycles per year to the 535 acres at $19.55 per acre for a total of
$125,511.00.
• Total cost of $178,283.40 per year.
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