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HomeMy WebLinkAbout88-685 08-09-1988RESOLUTION NO. 88- 685 A RESOLUTION TO AUTHORIZE A DESIGNATED CITY OFFICIAL TO EXECUTE AN AGREEMENT FOR THE 1987 INCENTIVE AWARDS PROGRAM (LANDSCAPE DEVELOPMENT) WHEREAS, said agreement is between the State of Texas, acting by and through the State Department of Highways and Public Transportation, and the City of Euless; and WHEREAS, on the 28th day of January, 1986, the State Highway and Public Transportation Commission passed Commission Minute Order Number 82606, author- izing the State to set aside funds for landscape development projects on State - maintained roadsides in or about deserving cities or communities in eight population categories as a result of their achievements toward anti - litter programs, clean up campaigns, and increased litter enforcement; and WHEREAS, on the 29th day of July, 1987, the State Highway and Public Transpor- tation Commission passed Commission Minute Order 85998 awarding eight cities landscape development funding under the 1987 Incentive Awards Program, as a result of their achievements toward anti - litter programs, clean up campaigns, and increased litter enforcement; and WHEREAS, the City of Euless was selected as a recipient for the 1987 Incentive Awards Program as set forth in Commission Minute Order 85998, and is to recieve the sum of $60,000; and WHEREAS, the State and the City desire to undertake a joint project for the landscape development and the City purposes to perform the landscape develop- ment with City forces; and WHEREAS, the State Department of Highways and Public Transportation requires the City of Euless to appoint a designated City Official to execute said agreement and documents related to this award. NOW THEREFORE, BE IT RESOLVED that the City of Euless hereby appoints Mr. Bob Phillips as the designated City Official to execute said agreement and related documents for the 1987 Incentive Awards Program for Landscape Development. Approved and adopted on this 9th day of August, 1988. Attest; AA .i/ Kayf'ainey, C J AAE Cit Secreta g,‘,2 >1.4 Harold D. Samuels Mayor THE STATE OF TEXAS THE COUNTY OF TRAVIS AGREEMENT. FOR THE 1987 INCENTIVE AWARDS PROGRAM (Landscape Development) THIS AGREEMENT is made by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, llth and Brazos, Austin, Texas 78701, hereinafter called the "State" and the City of Euless, acting by and through its duly authorized officers, as evidenced in Resolution /Ordinance No. 88 -685 , hereinafter called the "City ". W I T N E S S E T H WHEREAS, on the 28th day of January, 1986, the State Highway and Public Transportation Commission passed Commission Minute Order Number 82606, authorizing the State to set aside funds for landscape development projects on State - maintained roadsides in or about deserving cities or communities in eight population categories as a result of their achievements toward anti - litter programs, clean up campaigns, and increased litter enforcement; and WHEREAS, on the 29th day of July, 1987, the State Highway and Public Transportation Commission passed Commission Minute Order 85998, shown on Attachment A, attached hereto and made a part of this agreement, awarding eight cities landscape development funding under the 1987 Incentive Awards Program, as a result of their achievements towards anti - litter programs, clean -up campaigns, and increased litter enforcement; and WHEREAS, the City of Euless was selected as a recipient for the 1987 Incentive Awards Program as set forth in Commission Minute Order 85998; and WHEREAS, the State and the City desire to undertake a joint project for the landscape development at locations shown in Attachment B, attached hereto and made a part of this agreement; and WHEREAS, the City purposes to perform the landscape development with City forces; and WHEREAS, the responsibility of the City and the State under this agreement are made pursuant to Article 6673h, as amended, Texas Revised Civil Statutes; Page 1 of 6 A G R E E M E N T NOW THEREFORE, the State and the City in consideration of the mutual_ covenants and agreements herein contained do mutually agree as follows: 1. CONTRACT PERIOD This agreement becomes effective on final execution by the State and shall terminate upon satisfactory completion of the work as stiuplated within this Agreement, unless otherwise terminated as provided hereinafter. 2. COSTS A. The City will acquire the plants and foliage, the planting materials, irrigation systems, provide for any necessary utility . adjustments or relocation, and other incidentals, including all labor necessary for the direct installation of the landscaping. The City shall be responsible for all costs in excess of $60,000.00, except as provided for in Article 2.B. below. B. The estimated amount payable to the City by the State for the development of the plans and specifications, erection of the barricades, and other incidentals is $13,568.00. All payments to the City shall be made in accordance with the Incidental Expenses Budget, attached hereto and identified as Attachment C. 3. PAYMENTS A. The City shall submit the State foam 132, Billing Statement, or any other type of invoice statement which is acceptable to the State, for reimbursement of costs under this agreement to the following address: State Department of Highways and Public Transportation, P. 0. Box 6868, Fort Worth, Texas 76115 -0868, ATTN: B. The State will reimburse the City the sum of $60,000.00 for the cost associated with items described in Article 2.A. hereabove, and will reimburse the City for all eligible costs incurred by the City for the items described in Article 2.B. hereabove. The City shall submit to the State separate invoices for the costs incurred for the items described in Article 2.A hereabove, and for the costs incurred for the items describes in Article 2.B. hereabove. C. The State will make payment to the City within thirty (30) days from receipt of the City's requests for payment, provided that the requests are properly prepared, executed and documented. D. To be eligible for reimbursement, all costs must be allowable as set forth under this agreement and incurred during the contract period. Page 2 of 6 4. PLANS AND SPECIFICATIONS A. The City shall prepare the necessary plans and specifications for the landscape development as described hereabove. The plans and specifications shall be developed in accordance with the latest r edition of the State's Standard Specifications for Construction of Highways, Streets and Bridges. B. The plans and specifications shall be developed in a manner which acknowledges the placement of existing utilities. In the event relocation or adjustment of the existing utilities are warranted, the City shall obtain the necessary permits from the appropriate utility companies and shall be responsible for such relocation or adjustment as provided in Article 2.A. hereabove. C. The State shall review the City's plans and specifications upon completion thereof or at any time deemed necessary by the State. The City shall randy any errors or concerns raised by the State during its review of the plans and specifications. Any additional cost to remedy the defined errors or concerns shall be at the sole cost and expense of the city. Upon acceptance of the plans and specifications, the State will issue to the City written notification to proceed with the landscape development. The City shall not begin the landscaping at the locations described in Attachment B until authorization has been received from the State. 5. BARRICADES The City shall erect and maintain to the standards required by the latest edition of the State's Manual on Uniform Traffic Control Devices, any barricades or traffic control devices necessary to insure the safety of the travelling public during the execution of any phase of the landscaping which is performed on the State's right -of -way. 6. INSPECTION AND ACCEPTANCE A. The State shall inspect the landscaping work performed by the City under this agreement upon completion or at any time deemed necessary by the State. The City shall remedy any errors or concerns presented by the State as it relates to the development of the landscaping described herein. Any additional cost to remedy the defined errors or concerns shall be at the sole cost and expense of the City. B. Upon the State's acceptance of the landscaping work, the State will issue to the City a "Certificate of Completion ", in acknowledgement that all work has been performed in accordance with the plans and specifications and to the acceptance of the State. Page 3 of 6 7. MAINTENANCE OF THE LANDSCAPING. Upon completion and acceptance of the landscaping, the maintenance responsibilities of the landscaping will be provided by the City through a municipal maintenance agreement to be entered into by the State and the City pursuant to Article 6673b, as amended, Texas Revised Civil Statutes. 8. AUDIT REQUIREMENTS AND MAINTENANCE OF RECORDS A. The State shall audit this agreement upon completion hereunder or at any time an audit is deemed in the best interest of the State. B. The City shall maintain all books, papers, accounting records and other documents pertaining to costs incurred by the City under this agreement and shall make such material available to the State during the contract period and for three (3) years from the date of final payment under this agreement. 9. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual agreement and consent of both parties. (2) By the State, upon the failure of the City to fulfill its obligations and responsibilities as set forth in this agreement. (3) By satisfactory completion and the State's acceptance of the landscaping described herein. B. The termination of this agreement shall extinguish all rights, duties, obligations, and liabilities of the State and the City under this agreement. If this agreement is terminated by mutual agreement and consent of the State and the City, the State will reimburse the City for actual expenses incurred under this agreement to the date of formal termination. C. If the termination of this agreement is due to the failure of the City to fulfill its contractural obligations, the State will notify the City that possible breach of contract has occurred. Within not less than ten (10) days from the State's written notification, the City must remedy the defined breach to the State's satisfaction. In the event the City does not remedy the breach to the State's satisfaction, the State may assume the responsibilities to complete the landscape project. Any additional expenses incurred by the State which exceed the awarded amount as defined in Article 2.A. hereabove, will be an expense to be assumed by the City and payable to the State. Page 4 of 6 10. INDEMNIFICATION To the extent permitted by law, the City shall indemnify and hold harmless the State from all claims and liability due to activities of itself, its agents, contractors, officials 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 indemnify and hold 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, contractors, officials or employees. 11. AMENDMENTS Changes in the time frame, costs, character, responsibilities, or obligations authorized herein shall be enacted by written amendment. Any amendment to this agreement must be executed by both parties within the contract period. 12. SUCCESSORS AND ASSIGNS The State and the City respectively, bind themselves, successors, assigns and legal representatives to the other party to this agreement and to the successors, assigns and legal representatives of such other party with respect to all covenants of this agreement. Neithter the State nor the City shall assign, sublet or transfer any interest in this agreement without the written consent of the other. 13. DISPUTES Should disputes arise as to the parties obligations or additional work under this agreement, the State's decision shall be final and binding. 14. INSURANCE Prior to beginning work on the State's right -of -way, the City shall furnish the State a completed Certificate of Insurance (Form 20.102 3 -82), as evidenced by Attachment D, attached hereto, and shall maintain the insurance in full force and effect during the period in which the City is performing work on the State's right -of -way. If the City is a self - insured entity, the City shall extend the protection of its self- insurance by naming the State as an additional insured during the term of the agreement, for all damages and injuries arising from the City's performance under this agreement, as evidenced by Attachment D, attached hereto. Page 5 of 6 15. APPLICABLE LAWS The City shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees. of any court, or administrative bodies or tribunals in any matter affecting the performance of this agreement. 16. =AL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason, be held 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 provisions had never been contained herein. 17. SOLE A,REEMET IT This agreement supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. By: THE CITY OF EIJCFSS Signature Harold D. Samuels Typed Name Mayor Title THE STATE OF TEXAS rtified as being executed for the purpose and effect of activating and /or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: c9 - ?7 By: Date ATTEST: L t Secretary Page 6 of 6 Henry A. Thomason, Jr Deputy Director, Field Operations Date