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2003-180-RES APPROVE/AUTHORIZE EXECUTION OF MUNICIPAL MAINTENANCE AGREEMENT WITH DOWNTOWN STREETSCAPE PROJECT RESOLUTION NO. 2003-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A MUNICIPAL MAINTENANCE AGREEMENT AMENDMENT #1 WITH TXDOT, AS PART OF THE DOWNTOWN STREETSCAPE PROJECT, "STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM" GRANT NO. CSJ-0901-29-017, PROJECT STP 2000 (615) TE, FOR REPLACEMENT OF DOWNTOWN SIGNAL EQillPMENT WITH LIKE EQillPMENT IN THE EVENT OF DAMAGE BY A MOTORIST OR OTHER PERSON; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 5th day of August, 1999, in Resolution No. 99-100, authorize an application to be made to the Texas Department of Transportation for the Statewide Transportation Enhancement Program grant; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of June, 2000, in Resolution No. 2000-073, accept the Grant Award entitled "Statewide Transportation Enhancement Program" Grant No. CSJ-0901-29-017, Project STP 2000 (615) TE, in the total amount of $805,920.00, requiring matching contribution of $201,480.00; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of July, select Hayter Engineering to provide professional engineering/design services for the Downtown StreetScape Project, "Statewide Transportation Enhancement Program" Grant No. C5J-0901-29- 017, Project STP 2000 (615) TE; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 13th day of August, 2001, in Resolution No. 2001-122, approve an Agreement for Professional Services with Hayter Engineering for professional engineering/design services related to the Downtown StreetScape Project; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 20th day of August 2001, in Resolution No. 2001-132, authorize an Advance Funding Agreement for Standard Transportation Improvement Projects (On-System) with TxDOT, for black powder coating of signal poles and luminaires and supplying black signal heads at the four intersections of BU 82 H and BU 271 B on the Paris square as part of the Downtown StreetScape Project; and, WHEREAS, to ensure that these traffic devices are replaced with like devices with the desired finish in the event the same are damaged by a motorist or other person, TxDOT requires approval by formal resolution of the City Council of a Municipal Maintenance Agreement Amendment #1; and, WHEREAS, the form of the Municipal Maintenance Agreement Amendment #1 with TxDOT, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the form of the Municipal Maintenance Agreement Amendment #1 with TxDOT, CSJ # 0045-09-079, Project Number MC 45-9-79, attached hereto as Exhibit A, for replacement of signal equipment with like equipment with the desired finish in the event the same are damaged by a motorist or other person, be, and the same is hereby, approved. Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Municipal Maintenance Agreement Amendment #1 with TxDOT, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 8th day of December, 2003. ATTEST: ~ ~~\.~.\. ~ Mattie Cunningham, CIty Clerk APPROVED AS TO FORM: County: LAMAR CSJ: 0045-09-079 Project No: MC 45-9-79 Location: BU 82H @ BU 271 B MUNICIPAL MAINTENANCE AGREEMENT AMENDMENT #1 THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and City of Paris, a Texas City acting by and through Michael J. Pfiester. Mavor. hereinafter called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 8th day of Julv to effectuate their Municipal Maintenance Agreement and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows: AGREEMENT Article 1. Description of Amended Items See ATTACHMENT A All other provisions of the original contract are unchanged and remain in full force and effect. Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. Signature THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. THE LOCAL GOVERNMENT Name of Local Government By: Printed Name By: Name Title Title Date Date EXHIBIT A. AFA - AFAAmend Page 1 of 1 ATTACHMENT A 1. In the event the black traffic signal equipment is damaged by a motorist or other person (the "Offending Party"), the State will make its customary efforts to have the cost of the replacement traffic signal equipment reimbursed by the Offending Party. The City of Paris and its Police Department agree to cooperate by providing accident reports in a timely matter. 2. If the State cannot cause the Offending Party to pay for the damage, the city may choose to pay the difference between the State's standard equipment and the special black equipment desired by the City. The City must notify the State in writing within 10 days of the accident of the City's intent to make this payment. Otherwise, the State reserves the right to replace the damaged equipment with stock equipment. All equipment remains the property of the state. 3. The State will change the equipment only twice per accident. First, the State will temporarily repair or replace damaged equipment with equipment already in stock. Second, the State will replace the temporary equipment with black equipment. The State will pay for installation costs not reimbursed by the Offending Party. 4. The State will not stock any black equipment. The State will not pay for the City to stock any black equipment. The State will not trade stock equipment with the City for black equipment. The City may, at its own expense, stock black equipment.