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HomeMy WebLinkAboutO-1991-1763 e e ORDINANCE NO. 1763 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE CITY OF LA PORTE, FOR 1991-1992 LANDSCAPE COST SHARING PROGRAM PROJECT ALONG STATE LOOP 401, FROM STATE HIGHWAY 146 TO BROADWAY STREET (MAIN STREET IN LA PORTE)1 MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT1 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated1 and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 24th day of June, 1991. CITY OF LA PORTE BY !lot 1J)1, r~~ :~OE ,~R~a,~g~lin, May6r~rq Tem ATTEST: W U~ Cherie Black City Secretary f2ZDi/ ~ Knox W. Askins City Attorney ~~ - .."-': e . e COMMISSION STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION DEWI1T C. GREER STATE IDGHWAY BLDG, 11TH" BRAZOS AUSTIN, TEXAS 78701-1483 (511) 463-8585 ENGINEER-DIRECTOR ARNOLD W, OLIVER, P.E. RAY STOKER, JR.. CHAIRMAN ROBERT H, DEDMAN WAYNE B, DUDDLESTEN June 11, 1991 1991-1992 Landscape Cost Sharing Program The City of La Porte CONTACT: D-18L Mr. Bert Clark Parks Superintendent City of La Porte P.O. Box 1115 La Porte, Texas 77572-1115 Dear Mr. Clark: We have reviewed your proposal for work under the Landscape Cost Sharing Program and feel the project would be acceptable for execution under Program Regulations relating to Pedestrian pro- jects. Accordingly, we have prepared a draft Agreement based upon your proposal which will govern work on this project if approval is granted by our state Highway and Public Trans- portation Commission. As you will note, the Agreement reflects the specific respon- sibilities of each party, and includes required contract provisions which must be included within each Cost Sharing Program Agreement. We must have your concurrence in writinq that the Agreement is satisfactory before we present the project to our Commission for formal approval. The following deadlines regarding' upcoming Commission meetings are furnished for your information: TO PRESENT PROJECT TO COMMISSION ON: WRITTEN ACCEPTANCE MUST BE RECEIVED NO LATER THAN: July 24, 1991 August 28, 1991 September 25, 1991 June 26, 1991 July 31, 1991 August 28, 1991 An Equal Opportunity Employer ...~ ~, e e Mr. Bert Clark - 2 - June 11, 1991 The attached Agreement is for your review and comment on1v. and no signature is requested at this time. After receiving your written notification that the Agreement is satisfactory, and after the Commission has approved the project, we will transmit two original Agreement counterparts for final signature. We look forward to working with you toward the successful authorization and completion of this project. Please contact Mr. Mike Jenkins, Landscape Architect, at (512)465-6301 if you have any qu~stions. Sincerely, .- . I t Cr 19 A. S ens Chief Landscape Architect Landscape Section Maintenance and Operations Division MIJ Attachment cc: Mr. Horace Latimer, Houston District Office .; . e e THE STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT is made by and between the State of Texas, acting by and through the state Department of Highways and Public Transportation, hereinafter called the "state", and the City of La Porte, acting through its duly authorized officials, as evidenced by Resolution or Ordinance Number , dated , hereinafter called the "City". WIT N E SSE T H WHEREAS, the State owns and maintains a system of highways, including State Loop 401, in Harris County', Texas, for public use and benefit;'and WHEREAS, the City has requested state participation in a 1991-1992 LandscaDe Cost Sharinq Program project along State Loop 401, from State Highway 146 to Broadway Street, hereinafter called the "Project", and as shown on the attached EXHIBIT A: and WHEREAS, the State has determined that the Project falls under the Landscape Cost Sharing Program category of "Pedestrian" landscape projects, and that in accordance with established program policy the maintenanc~ of the Project shall be the responsibility of the City in perpetuity; and WHEREAS, the City has committed to cooperating with the State by providing a total non-cash contribution of $6,787.50 toward the completion of the Project, which sum represents the agreed, fair-market value for labor and equipment to fully install all construction materials including plant materials; and WHEREAS, State Highway and Public Transportation Commission Minute Order , dated , attached hereto and labeled EXHIBIT B authorizes the state to cooperate with the City in the development of the Project by providing State funds which will be used to purchase landscape and construction materials in accordance with the Project Design Plan; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto be by them respectively kept and performed as hereinafter set forth, the State and the City do mutually agree as follows: Page 1 of 7 Draft, D-18L, 6/11/91 e e A G R E E MEN T ARTICLE 1. Term of Agreement. This Agreement becomes effective when finally executed (signed) by the state and shall terminate upon satisfactory completion of the work as called for in the Project Design Plan and as stipulated within this Agreement, unless otherwise terminated as provided hereinafter. ARTICLE 2. Project Design Plan. The City shall prepare and furnish the Project Design Plan. The Project Design Plan shall contain plans and specifications, as may be required by the state to purchase the materials for the Project. The Project Design Plan shall be incorporated into this Agreement by reference. ' ARTICLE 3. Project Funding. The total estimated cost of the Project is $13,575.00, and shall be funded jointly by the state and the city. state funds in an amount estimated not to exceed $6,787.50 will be utilized to purchase plant material and treated wooden material for tree, grates. The City's total non-cash contribution is $6,787.50 and represents the agreed, fair-market, non-cash values of preparing the tree locations by saw cutting and removing existing concrete sidewalk. constructing the wooden tree grates, and installing the plant material. ARTICLE 4. Responsibility of the Parties. A. The City agrees to: 1. Indemnify and save harmless the state, its agents and employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any person, or by any abutting, adjoining or other property in consequence of any neglect in the performance, or failure of performance of the City, its agents and employees under this Agreement, to the extent allowed by state Law. REMAINDER OF PAGE LEFT BLANK Page 2 of 7 Draft, D-18L, 6/11/91 e e 2. Indemnify, defend and hold the State harmless from any and all claims and lawsuits by third parties arising from, or incident to the performance, or failure of performance of the City, its officers, employees or agents under this Agreement to the extent allowed by state Law. The City shall defend all suits brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the State shall have the right, at it's option and expense, to participate in the defense of any suit, without relieving the City of any obligation hereunder. 3. Provide the Project Design Plan and details. 4. Furnish all labor and materials required to fully install the construction materials and plant material furnished by the State. This shall include but not be limited to saw cutting equipment for removal of concrete 5'x5' squares in existing walks, removal of any base material and replacement with topsoil, soil amendments, and fertilizers or root stimulator. 5. Not erect any benches in association with the tree grates installed on this project. 6. Assume all maintenance activities for the Project following installation, including pruning, regular watering, and inspection of plant material for pests and the proper treatment thereof. Also, the maintenance shall include repair and/or replacement as necessary of the wooden tree grates. 7. Furnish, erect and maintain any barricades, signs and traffic handling devices, in accordance with the latest Manual of Uniform Traffic Control Devices, and to the satisfaction of the state, as may be required to protect the safety of the travelling public while performing any work on the project under this agreement. REMAINDER OF PAGE LEFT BLANK Page 3 of 7 Draft, D-18L, 6/11/91 e e B. The state agrees to: 1. Obligate state funds in the amount of $6,787.50 which will be utilized to purchase materials including wo1manized pine raw lumber for the tree grates and plant material including 57 each Live Oak trees of two and one-half inch caliper and 3 each Sabol Palm trees of 8 foot trunk height. 2. Prepare and submit requisitions for construction and plant material in accordance with existing statutes relating to the purchase of material with State funds. 3. Furnish material, after receipt, to the city. 4. Cooperate with the City to determine requirements for barricades, signs and traffic handling devices to be used by the City during the installation and maintenance of the Project. ARTICLE 5. Overruns/Underruns. The State will make recommendation of award for the bid or bids received for required ~andscape material as follows: 1. If, after receiving bids for required landscape material, the cumulative total of the lowest bid or bids exceeds $6.787.50. the State, in order to insure that available State funds are not exceeded, and at its sole option, may reject any or all bids, revise the quantity of landscape material to be furnished and resubmit the bids. 2. If, after receiving bids for required landscape material, the cumulative total of the lowest bid or bids does not exceed $6.787.50. the State will recommend award of the bid or bids. Unless, in the sole opinion of the State, it is determined that the furnishing of additional landscape material with any remaining State funds is in the best interest of the Project, the State will not purchase landscape material in excess of the quantity requested by the City in the City's proposal and as shown in the Project Design Plan as would be necessary to insure the full amount of State funds obligated for this Project is expended. ARTICLE 6. Disputes. Should disputes arise as to the party's obligations under this Agreement, the'State's decision shall be final and binding. , Page 4 of 7 Draft, D-18L, 6/11/91 e e ARTICLE 7. Amendments. Changes in time frame, character, cost or obligations herein shall be enacted by written amendment. All amendments to this Agreement mUst be executed by both parties within the contract period specified in Article 1. ARTICLE 8. Successors and Assigns. The state and the City shall not assign or otherwise transfer its rights and obligations under this Agreement except with prior written consent of the other party, and any prohibited assignment or transfer shall be null and void. ARTICLE 9. Remedies. Violation or breach of contract terms' by the City shall be grounds for termination of the Agreement, and any increased cost arising from the City's default, breach of contract or violation of terms shall be paid by the City. This Agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 10. Insurance. At the time of execution (signature) of the Agreement by the City, the City shall attach required insurance documentation to each Agreement counterpart. ' If the City is a self-insured entity and performs any work on the project with City Forces, the City shall extend the protection of its self-insurance to the state for any and all damages and injuries arising from the City's performance under this Agreement. If the City is not a self-insured entity and performs any work on the Project with City Forces, the City shall furnish the state with a,completed Certificate of Insurance (SDHPT Form 20.102), and label such documentation EXHIBIT c. If the City performs any work on the Project through a contractor or contractors selected through the City's low-bid procedure, the City shall require its contractor or contractors to furnish the State with a completed certificate of Insurance, (SDHPT Form 20.102), and shall insure the contractor or contractors maintain such insurance during the term of the Agreement. Page 5 of 7 Draft, D-18L, 6/11/91 , e e ARTICLE 11. Gratuities. State Department of Highways and Public Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the state under this contract. The only exceptions allowed are ordinary business lunches and items that have received advanced written approval of the state Department of Highways and Public Transportation Engineer-Director. Any person doing business with or who may reasonably speaking do business with the state under this contract may not make any offer of benefits, gifts or favors to Departmental employees, except as mentioned hereabove. Failure on the part of the City to adhere to this policy may result in the termination of this contract. ARTICLE 12. Termination. This Agreement may be terminated by any of the following conditions: A. By mutual agreement and consent of both parties. B. By either party upon thirty days written notice to the other party. C. By either party, upon the failure of the other party to fulfill its obligations as set forth in this Agreement. D. By satisfactory completion of all services and obligations described herein. Should the City terminate this Agreement, as prescribed hereabove, the City shall, at the option of the State, reimburse any reasonable costs incurred by the State. REMAINDER OF PAGE LEFT BLANK Page 6 of 7 Draft, D-18L, 6/11/91 e e IN TESTIMONY WHEREOF, the State and the City have executed duplicate counterparts to effectuate this Agreement. THE CITY OF LA PORTE THE STATE OF TEXAS By: (Signature) certified 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 Transp~rtation Commission (Typed Name and Title) Date: By: Roger G. Welsch, P.E. Deputy Director, Field Operations Date: Page 7 of 7 ' Draft, D-18L, 6/11/91