HomeMy WebLinkAboutRES 20-174RESOLUTION NO. 20-174
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 Amendment to
the Municipal Maintenance Agreement between the City of Beaumont and the Texas
Department of Transportation for mowing and litter removal on Highway 69 and
Interstate 10, within the City Limits of Beaumont. The Amendment is substantially in the
form attached hereto as Exhibit "1" 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 8th day of
September, 2020.
WkIIM4ayor
STATE.OF TEXAS §
COUNTY OF JEFFERSON §
AMENDMENT TO THE
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 (the `-`City"); and
WHEREAS,- the State conducts this mowing and litter control maintenance through its
mowing and litter control contractors; and
WHEREAS, -,the City desires to perform the mowing and litter control maintenance on the
afore mentioned State routes, including IH 10 and US 69; and
WHEREAS, the City and State agree to enter into .an Amendment :of -the 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 monthly. - The rates. of
reimbursement shall be based on the average 2019, mowing and litter clean-up costs for
Jefferson County.- .The average, cost of each cycle was $37.24/acre for mowing and $18.58%
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
EXHIBIT "V
paragraph, the- State shall. be. responsible for .payments to the City in. accordance with the
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-up cycles at intervals described in Attachment A.
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 to the .contractor(s) material or activities of itself, its :agent, or
employees, performed under agreement with the 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 the 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 respects, the Agreement shall remain_ in force -and effect without change.
-2-
IN TESTIMONY WHEREOF, 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
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.
By: Approved:.
City Manager
-Date: By:
Donald L. Smith, PE
District Engineer
Beaumont District,
Texas Department of Transportation
Attested By: Date:
City Clerk
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ATTACHMENT "A"
Description and frequency of work:
• . Three (3).mowing cycles per year of 535 acres at $37.24 per acre for a total of
$59,770.20.
• -Twelve-(12) litter cycles per year of 535 acres at $19.58 per acre for a total of
$1-19,283.36.
• Total cost of $179,053.56 per year, invoiced by the City in the amount of $44,763.39 on
the last day of each fiscal quarter for the State:
1) Pt Quarter — September, October, November services performed.are invoiced on
November.30
2) . 2nd Quarter — December, January, February. services performed are invoiced on
February 28
3) 3rd Quarter - March, April, May services performed are invoiced on May 31
4) 4"' Quarter — June, July, August services performed are invoiced on August 31
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