06-J Downtown Signal EquipmentDRAFT
F:kAttorneykALICEkRESWORK\CURRENT\Streetscape Award Bid Res.wpd
December 5, 2003
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AWARDING THE BID AND AUTHORIZING THE
EXECUTION OF A CONTRACT FOR THE CONSTRUCTION OF
DOWNTOWN STREETSCAPE PROJECT, FEDERAL PROJECT STP 2000
(615) TE, CSJ-0901-29-017, CONCURRENT WITH THE APPROVAL OF
THE TEXAS DEPARTMENT OF TRANSPORTATION; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 8th day of
September, 2003, in Resolution No. 2003-146, approve the advertisement for bids for furnishing
plant, labor, materials, and equipment, and for performing all work required for the "Downtown
Streetscape Project, Federal Project STP 2000 (615) TE, CS J-0901-29-017," which bids were
received until 3:00 o'clock p.m., Tuesday, the 7th day of October, 2003; and,
WHEREAS, the best bid for such construction was made by Encino Landscape, Inc., of
5631 CR 2185, Cleveland, Texas 77327, and it should be awarded the bid for the same; and,
WHEREAS, the form of the contract for such construction project, attached hereto as
Exhibit A, should, in all things, be approved, and the Mayor of the City of Paris should be
authorized to execute the same, concurrent with the approval of the Texas Department of
Transportation; 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 bid of Encino Landscape, Inc. for the "Downtown Streetscape
Project, Federal Project STP 2000 (615) TE, CS J-0901-29-017," in the amount of $601,340.11,
be, and the same is hereby, accepted and let conditioned upon said contractor meeting all of the
terms and specifications included in the bid documents, and concurrent with the approval of the
Texas Department of Transportation.
Section 3. That the form of the contract with Encino Landscape, Inc. attached hereto as
Exhibit A, be, and the same is hereby, approved.
Section 4. That the Mayor be, and he is hereby, authorized and directed to execute, on
behalf of the City of Paris, the contract with Encino Landscape, Inc., upon the terms and
conditions and in the form shown in Exhibit A, attached hereto, concurrent with the approval
of the Texas Department of Transportation.
Section 5. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 8th day of December, 2003.
ATTEST:
Curtis Fendley, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
County: LAMAR
CS J: 0045-09-079
Project No: MC 45-9-79
Location: BU 82H @ BU 271B
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,
Mayor, hereinafter called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on the 8~h day of July 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.
THE LOCAL GOVERNMENT THE STATE OF TEXAS
Executed for the Executive Director and
approved for the Texas Transportation
Name of Local Government Commission for the purpose and effect of
activating and/or carrying out the orders,
By:. established policies or work programs
Signature heretofore approved and authorized by the
Texas Transportation Commission.
Printed Name By:.
Name
Title
Title
Date Date
EXHIBIT
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.
Texas Department of Transportation
1365 N. MAIN · PARIS, TEXAS 75460 ° (903) 737-9300
November 13, 2003
Mike Malone
City Manager of the City of Paris
P.O. Box 9037
Paris, Texas 75460~9037
Recently a pedestrian pole at the north east corner of BU 82H (Lamar Ave.) @ BU 271B
(North Main St.), was damaged by an automobile accident. The pole was originally
installed and painted black by contract under an Advance Funding Agreement for
Standard Transportation Improvement Projects. This agreement had no provisions for
giving the City of Paris the option to replace any equipment so that the equipment
remains black if that equipment becomes damaged. TxDOT replaced the damaged
equipment with equipment normally stocked. The result was the existing black pole and
pedestrian head with a new aluminum base.
City of Paris officials have requested that when black signal equipment under the
advance Funding Agreement is damaged, the City have the option to request the new
equipment be replaced with black equipment. Enclosed is an Amendment to the original
Municipal Maintenance Agreement that gives the City that option.
Please review the amendment, sign both originals, and return both originals to TxDOT
for signature. TxDOT will then sign both originals and return one to the City. The
amendment will be effective the date TxDOT signs.
Thank you for your cooperation. If you have any further questions please contact Darius
Samuels at (903) 737-9498.
Sincerely,
~or of ;ral~S;ortation Operations ds
CC Steve Ekstrom, Interim District Engineer RECEIVED
John Yant, Paris Area Engineer
DTO File NOV ~ L~ 2003
CITY MANAGER
PARIS, TEXAS
An E~ual Opportunity Employer