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Contract No _____________ <br />THE STATE OF TEXAS § <br />THE CITY OF LAPORTE § <br />AGREEMENT FOR THE FURNISHING, INSTALLING AND <br />MAINTENANCE OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT <br />THIS AGREEMENT <br />is made by and between the State of Texas, acting through the Texas <br />Department of Transportation, hereinafter called the “State”, and the City of La Porte, <br />hereinafter called the “City”, acting by and through its duly authorized officers. <br />W I T N E S S E T H <br />WHEREAS <br />, the State owns and maintains a system of highways and roadways in the Cityof La <br />Portepursuant to TexasTransportation Code section 201.103; and <br />WHEREAS <br />, the City or its contractor has requested to install emergency vehicle preemption <br />systems at the locations listed on Exhibit Ato this Agreement; <br />WHEREAS <br />, the State and the City are in agreement that the proposed systems will be installed; <br />NOW, THEREFORE <br />, in consideration of the premises and of the mutual covenants and <br />agreements of the parties hereto to be by them respectively kept and performed as hereinafter <br />set forth, it is agreed as follows: <br />A G R E E M E N T <br />ARTICLE 1. CONTRACT PERIOD <br />This agreement becomes effective on final execution by the State and shall remain in effect as <br />long as said traffic signal preemption equipment is in operation at the described locations. <br />ARTICLE 2. TERMINATION <br />This agreement may be terminated by one of the following conditions: <br />1)By mutual agreement of both parties; <br />2)By the State giving written notice to the City or its contractor as consequence of failure by <br />the City or its contractor to satisfactorily perform the services and obligations set forth in <br />this agreement, with proper allowances being made for circumstances beyond the control <br />of the City or its contractor; <br />3)By either party upon thirty (30) days written notice to the other. <br />ARTICLE 3. COMPENSATION <br />No compensation shall be paid for this agreement. <br />ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL <br />A. <br />The City or its contractor will use labor and supervisory personnel employed directly by the <br />City or its contractor, and use City ownedor its contractor owned machinery, equipment, and <br />vehicles necessary for the work. In the event that the City or its contractor does not have the <br />machinery, equipment, and vehicles necessary to perform the work, the machinery, <br />equipment, and vehicles may be rented or leased as necessary. <br />B. <br />No reimbursement shall be paid for any materials supplied by the City or its contractor. All <br />materials shall be new and undepreciated stock. <br />Traffic-Traffic_TSPEA Page 1 of 5Revised 10/31/08 <br /> <br />