R-98-11-12-10E1 - 11/12/1998RESOLUTION NO. R- 98- 11- 12 -10E1
WHEREAS, the State of Texas owns and maintains a system of
highways and roadways in the City of Round Rock, and
WHEREAS, the City of Round Rock wishes to install an
emergency vehicle preemption system, and
WHEREAS, the City of Round Rock wishes to enter into an
Agreement for the Furnishing, Installing, and Maintenance of
Traffic Signal Preemption Equipment by the City of Round Rock
( "Agreement ") with the Texas Department of Transportation, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City said Agreement, a copy of said agreement being
attached hereto and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended, and the Act.
RESOLVED this 12th day of Novembe}, 1998.
K ;\WPOCCS \RESOLIITr \R B1112E1.41 PO /scg
LAND, City Secretary
CHARLES CUNPE'PER, Mayor
City of Round Rock, Texas
AGREEMENT FOR THE FURNISHING, INSTALLING AND MAINTENANCE OF
TRAFFIC SIGNAL PREEMPTION EQUIPMENT BY THE CITY OF ROUND ROCK
THIS AGREEMENT is made by and between the State of Texas, acting
through the Texas Department of Transportation, hereinafter called the
"State," and the City of Round Rock, Williamson County, Texas,
hereinafter called the "City," acting by and through its duly
authorized officers as evidence by Resolution /Ordinance No.
, hereinafter acknowledged by reference.
W I T N E S S E T H
WHEREAS, the State owns and maintains a system of highways and
roadways in the City of Round Rock; and
WHEREAS, the City has requested to install an emergency vehicle
preemption system;
A G R E E M E N T
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be by them
respectively kept and performed as hereinafter set forth, it is agreed
as follows:
ARTICLE 1. CONTRACT PERIOD
This agreement becomes effective on final execution by the State and
shall remain in effect as long as said traffic signal equipment is in
operation at the described locations.
ARTICLE 2. TERMINATION
This agreement may be terminated by one of the following conditions:
(1) By mutual agreement and consent of both parties.
(2) By the State giving written notice to the City as consequence
of failure by the City to satisfactorily perform the services
and obligations set forth in this agreement, with proper
allowances being made for circumstances beyond the control of
the City.
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(3) By either party, upon thirty (30) days written notice to the
other.
ARTICLE 3. INDEMNIFICATION
To the extent permitted by law, the City shall save harmless the State
from all claims and liabilities due to activities of itself, its
agents, or employees, performed under this document and from which
result from an error, omission, or negligent act of the City or of any
person employed by the City. The City shall also save 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 liability which might be imposed on the State as a result of such
activities by the City, its agents or employees.
ARTICLE 4. 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.
If at any time, the City fails to assume the maintenance and operations
responsibilities for the preemption systems in a satisfactory manner as
determined by the State, the State reserves the right to arrange for
maintenance and operations responsibilities at the expense of the City.
ARTICLE 5. DISPUTES
Should disputes arise as to responsibilities and obligations as set
forth in this agreement, the State's decision shall be final and
binding.
ARTICLE 6. SUBLETTING
The City shall not sublet or transfer any portion of its
responsibilities and obligations under this agreement unless
specifically authorized in writing by the State. In the event
subcontracts are entered into by the City, the subcontractors must
adhere to the provisions of this agreement.
ARTICLE 7. SUCCESSORS AND ASSIGNS
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The City shall not assign or otherwise transfer its rights or
obligations under this agreement except with the prior written consent
of the State.
ARTICLE 8. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this agreement
shall for any reason be held to be 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 provision had
never been contained herein.
ARTICLE 9. GOVERNING LAWS AND VENUE
This agreement shall be construed under and in accordance with the laws
of the State of Texas. Any legal actions regarding the parties'
obligations under this agreement must be filed in Travis County, Texas.
ARTICLE 10. PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties
hereto and supersedes any prior understandings or written or oral
agreements between the parties respecting the within subject matter.
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IN WITNESS WHEREOF, the State and the City have signed duplicate
counterparts of the agreement.
CN ,q,e[E5 CuLP °PPE2
ATTEST:
Mayor
(Date)
City Secretary
THE STATE OF TEXAS
Executed for the Executive
Director and approved for
the Texas Transportation
Commission under the Authority
of Minute Order 100002 and
Stand Alone Manual Notice 96 -3,
for the purpose and effect of
activating and /or carrying out
the orders, established
policies or work programs by
the Texas Transportation
Commission.
APPROVED:
By:
District Engineer
Date
District
4
DATE: November 6, 1998
SUBJECT: City Council Meeting — November 12, 1998
ITEM: 10.E.1. Consider a resolution authorizing the Mayor to execute an agreement
with TxDOT for the installation of an Opticom System. TxDot has
requested we enter into an agreement for the installation of an Opticom
System at the intersection of IH -35 and FM 1431. The Opticom System
will allow us the flexibility of changing the intersection to green when
responding to emergencies. This clears the intersection of vehicles,
allowing a quicker response a time. A current agreement exists for all of
the intersections in the City that are State owned. Staff Resource Person:
Lynn Bizzell, Fire Chief.
sent sy: FOL/NO ROCK FIRE DEPARTMENT;
August 25, 1998
Dear Asst. Director Barrett,
We are interested in possibly having
AUG 25 '98 09:54
512 218 5594; AUg- 29 -98 9:53AM;
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arnmeive gad
Mom RotA Orara.t, 76VL/f
Toms Department of Transportation
Attn: linelda L. Barrett
7901 N 35
Austin, TX 78753
I have been in contact with your office in regards of installing the Optic= Traffic
Preemption system at 1H 35 and 1431. 1 understand that there Was some concern in
regards to the area of coverage.
We provide coverage for several subdivisions west an 1431(Vlst4 Oaks) and cover
the areas north and east of this intersection. With the failure Wilding Of the Nash
Ranch, our request for emergency services to the area will be ln*eased even
Further;
Due to the current response routes and the future plans, we find that it is already a
major intersection for oar emergency response. Our attempt is to continue to
provide Optic-um to every intersection in our response area, with the one exception
of Hwy 79 do CR 122. If in the future, the growth inaves that way, we will be
requesting your permission for that intersection also.
If you have any questions, please feel free to contact me. My office number is 218-
3200 and pager is 204 -0012.
Sincerely,
David H. Smith
Fire Captain
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