Ordinance No. 6,1891_ : -.: ?:
920326 -1
ORDINANCE NO. 6189
• AN ORDINANCE ACCEPTING THE PROPOSAL OF TRAFFIC
ENGINEERS, INC. AND AUTHORIZING AND DIRECTING THE MAYOR
TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN
ENGINEERING SERVICES CONTRACT WITH TRAFFIC ENGINEERS,
INC. FOR SYNCHRONIZATION OF TRAFFIC SIGNALS ALONG
HIGHWAY 146; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
OF THE SUM OF TWENTY -EIGHT THOUSAND SIX HUNDRED AND
N01100 ($28,600.00) DOLLARS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby accepts the proposal of Traffic Engineers, Inc. and
authorizes and directs the Mayor and City Clerk of the City of
Baytown to execute and attest to an Engineering Services Contract
with Traffic Engineers, Inc. for synchronization of traffic
signals along Highway 146. A copy of said contract is attached
hereto, marked Exhibit "A," and made a part hereof for all
intents and purposes.
Section 2: That the City Council of the City of Baytown
authorizes payment of the sum of TWENTY -EIGHT THOUSAND SIX
HUNDRED AND N01100 ($28,600.00) DOLLARS, pursuant to the
Contract.
Section 3: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the aff irmative vote of the
City Council of the City of Baytown, this the 26th day of March,
1992.
99ETLT O. HUTTO, Ma or
ATTEST:
E
rLE
EN Y. H7ALI, City Clerk
CTUNACIO RAMIREZ ., City Attorney
C:1:88:18
THE STATE OF TEXAS
i COUNTY OF HARRIS
ENGINEERTING SERVICES CONTRACT
Project Name
. xv , Jl�r �r ' i-U `1r HI
City of Bwo-Am
THIS CONTRACT, by and between City of Z , a municipal corporation
hereinafter called "City ", and Traffc Engineers. Inc. a corporation autborized to do
business in the State of Texas, hereinafter called "Engineer ", evidences the following:
WHEREAS, City desires the professional engineering scrvices of Engineer, for
Assistance in obtaining and utilizing Traffic Light Synchronization Program Grant funds as
follows:
1. Assist City staff in processing grant funds available from oil
overcharge monies as administered by the Texas Department of
Transportation (TxDO'r).
2. Develop and assist staff in implementing signal timing plans upon
project approval by TxDOT.
I Develop and submit "Before" and "After" Evaluation reports to
TxDOT for review and approval.
Such effort will address signal systems as defined and approved mithin the grant
applications.
WHEREAS, Engineer represents that it is qualified and capable of performing the
professional engineering Services proposed herein for this Project and is willing to enter
into this Contract with City to perform said services;
Now, THEREFORE, the parties in consideration of the terms and conditions
• contained herein agreed as follows:
EXFMIT A
I. I) FF 4'I '�
• As used herein, the following tears shah have the joliou'i:ig definitions:
(a) "Before" shall mean he study report of conditions obtained prior to the
implemenia, ion of the proposed signal timing plans, which report is required
to be submitted by the Texas Dep, rtment of Transportation prior to
obtainine Treific Light Synchrorization Program grant funds.
(h) "After" s' all mean. the siudy report of conditions which AU be obtained
subsequent to the implementation of the proposed signal timing plzn, which
report is required to be submitted by the Texas Department of
Tiaras ortation prior to obtaining Traffic Light Synchronization Program
grant funds.
(e) "Director" shall mean the Director for the City of Bayto%;m or his designee
(d) '"The Project" shall mean al! activities necessary to obtain Traffic Lighi
Synchronization Program &rant funds for the purpose of implementing signal
timing plans for traffic signals located in and around Alexander Drive,
between Texas Avenue and McKinney Road, in the City of Baytour, Texas.
4L a 8-1403 f5iNTITA N. ;
Engineer agrees to perform professional services in connection with the Project as
set forth in the following sections of this Contract, and City agrees to pay, and
i
Engineer agrees to accept fees as set forth n the following sections as full and final
compensation for all services provided under this Contract.
This Contract shall he adminiciPreA nn h�hAif of the City by tb* Diroclor, and on
behalf of the Engineer by Engineer's duly authorized officials.
V16 31 20,4-IMM
The Engineer agrees to render services necessary for the development of the Project
as outlined herein.
Scope of Work
I. Irrtplemcnt approved grant application for approved signal system:
Alexander Drive.
Z. The following tasks will be accomplished by the Engineer:
A. Collect Field Data
2 4 Hour Machine Counts
�21) Turnin Movement Counts
Q Travel Time Data
• (4 Inventory Existing Controller and Timings
(5 Observe Intersection Movements
B. Develop computer s- Imulation of existing conditions using PASSER II
• computer model
C. Develop "Before" study report
D. Opt: -rize proposed timings for tl�ree (3) time periods
E. Assist City in implementing timing plans
F. Adjust field controller tirungs as necessary
G. Develop computer simulation of implemented timing systen
H. Develop "After" field data collection involving travel times,
1. Develop "After" study report.
3. The geographical limits of the study are as follows:
Alexander Drive - Texas to McKinney
4, The Engineer's fees for performing the tasks outlined in article 3.2 above will
be 528,600.00.
L. •
A. Payment for services M1I be computed on the basis of lump sum for
professional services rendered in connection -%Ith the project as defined in
Article 3.4 above.
B. Engineer shall submit the percentage of the project which has been
completed at the time of the statement for payment. City shall make
payment in the amount shown by the Engineer's monthly statements and
other documentation submitted within 30 days.
C. Nothing contained in this article shall require City to pay for any work which
is unsatisfactory as reasonably deterrained by the Director or which is not
submitted in compliance with the terms of this Contract. City shall not be
required to make any payments to the Engineer in the event that the
Engineer is in default under this Contract; not stall this paragraph
constitute a waiver of any right, law or inequity, which the City may have in
the event that the Engineer is in default, including the right to bring legal
action for damages or for specific performances of this Contract.
Mola .•K
All information, data, and other items given to, prepared, or assembled by Engineer
under this Contract, shall become the sole property of City and shall be delivered to
City, without restriction on future use, Engineer may make copies of any and all
documents and items for its files.
0 7. SERVICES „BV Q
City shall provide the following services under this Contract:
A. Provide available criteria ind specifications and such data and irformation
concerning the City's requirements for completion of the project to the
Engineer.
B. Provide all available and necessary dr2%%ings, maps, and notes related to and
contained within the limits of the Project as defined in paragraph 3,
subparagraph 3 of this contract.
C. Implement the signal timing plans pro\ided by Engineer in the field.
8, CONIELETION SCHEDULE
The services furnisbed by the Engineer under this Contract will be completed in
e.ccordance with the following timetable:
For the purposes of this Contract, a month is defined as thirtUQSSIOM calendar days
and a week as seven (7) calendar days. If and+ of the following fall on a
date on which City offfices are closed for holiday or weekend, then the submissions
shall be due to the following City working day.
It is the intent of the contract to complete the work at the earliest time consistent
with the critical requirements of the TiS Project Schedule, outlined below:
ESTIMATED WORK
TASK PER10D (BY MONTH)
Field check equipment Months 1 through 4
Collect field data Months 1 through 4
Data coding Month S
Calibrate model Month 6
"Before" field evaluation Month 7
Complete optimization runs
and selection of plans
Months 8 and 9
Implement timing plans
Months 8 through 11
Fine -tune timing plans
Months 8 through 11
Attend "Help" session
Month 10
(optional)
Complete simulation of plans
implemented in field.
Months 11 and 12
"After" field evaluation
?Month 12
9. CONTROL By cy
City shall have complete control of the services to be rendered and no work shall be
done under this Contract until the Engineer is instructed in writing to proceed.
10, TE__B.MINATI01 QE COMPACT
MCity may indefinitely suspend f nher work hereunder or terminate this Contract or
any phase of this Contract t�pan thir y (50) days prior wTinen notice to the Engineer
Mtb the understanding that intnedi4te'y upon the receipt of such notice all work
and labor being pertor,ned under this Contract shall cease immediately and no
further paayments shall be due to En &ineer from the City. Before the eapiratioa of
each thirty (330) day period, Engineer shall invoiee the City for all work
accomplished by hint prior to lha receipt of such notice, No amount shall be due for
lost or anticippated profits. All la.*ts, field surveys, and other data related to the
Project shall hecoTne property ofpCity upon termination of the Contract and shall be
promptly deli%ved ►o City in a reasonably organized form without restriction on
future use except as stated in Article. S, Should City subsequently contract with a
new consultant for continuation of services on the Project, Engineer shall cooperate
in providing information.
IL EQUAL EMPL0'VMENT!QPPQRTUDijTy
A. The Engineer shall not discriminate aggainst any employee or applicant for
employment because of race, ale, color, religion, sex, ancestry, national
origin or place of birth. The Engineer shall take affirmative action to insure
that applicants are employed and that employees are treated during their
employment without regard to their race, age, color, religion, sex, ancestry,
national origin, or place of birth.
B. if the Engineer fails to comply with the Federal Laws relating to Equal
Ern loy�ment Opportunity, it is agreed that City at its option may do either or
both of the following:
l) Cancel, terminate, or suspend the contract in whole or in pan;
2) Declare the Engineer ineligible for further City contracts until he is
determined to be in compliance.
12. AMEA'DMEM
This Contract may be amended or supplemented in any particular only by written
instrument and only as approved by resolution of City, or the City Manager, except
for termination under Section 9, , , which may be
accomplished by the City as specified to Section 9, Termination of Contract,
13. COMPLIANCE «N TH LAWS.
The Engineer, his consultants, agents and employees, and subcontractors shall
comply with all applicable Federal and State laws, the Charter and Ordinances of
the City, and with all applicable rules and r egulations promulgated by all local, state,
and national boards, bureaus, 22encies, and commissions.
14. RIGHT OF REVIEW
Engineer agrees that City may review any and all of the work performed b
Engineer under this Contract. City is hereby granted the right to audit at City
election, all of the consultant's records and billings related to the performance of
this contract. Engineer agrees to retain such records for a minimuru of three (3)
years following completion of this contract.
0
is.
15.
17.
is.
MOM•
No officer or employee cf the City shall have any financial interest, direct or
indirect, in any contract with the City or be financially interested, directly, in the sale
to the City of any land, trAterials, supplies, or services, except acting on behalf of the
City, as an officer or employee. Any violation of this section shall constitute
maleasance in office, and yin ,y o= cer or employee guilty thereof shall thereby
forfeit his office or position ti«th uje City. Any knowing Violation of this section,
expressed or implied, or the person or corporation contracting with the City shall
render the Contract involved voidable by the City.
a CU4462:4140M. ,
This Contract is for personal and professional services; and the Engineer shall not
assign this Contract, in whole or to part, without the prior written consent of the
All notices, communications, and repports required or permitted under this Contract
shall be personally delivered or mated to the respective parries by depositin&a the
same in the United States Mail at the address shown below unless and until either
party is otherwise notified in writing by the other party at the following addresses.
Mailed notices shall be deemed communicated after five days.
If intended for City, to:
Jim Sanders
Contact Person
tt044 - ...
. .
P.O. Brix 24
Address
Baytown, Texas 77522
City, State, Zip Code.
1 13zi O .,
Ir intended for Engineer, to:
John W. Hudson. Jr.. P.E.
Contact Person
President
Title
Traffic Engineers, Inc_
Firm Name
5323 Southwest Freeway. Suite 200
Address
Houston. Texas 77074
City, State, Zip Code
1713) 270 -8145
Telephone No.
4
Fax No.
In performing services undtr Ibis Contract, Engineer is performan�g services of the
type performed by said Engineer prior to this contract; and En sneer by the
• execution of this contract does not change the independent status of the Engineer
under which the aforementioned services were provided. No term, or provision
hereon, or act of Engineer in the performance of this Contract shall be construed as
malting Engineer the agent, servant, or employee of the City.
19.
•
24.
2].
22.
23.
24.
0
INDENIN'lly
The below rained Engineer agrees io indemnify, de:end, protect, and hold harmless
from any and all claims, damages, demands, costs or expenses (including attorneys'
fees ) for property damage, loss or use or revenue, personal injur)� or bodily injury
arising. from the actual or alleged :r: sfunction, design or w011TLna:iship in the
manufacture of equipment, or fulfillment of contract, for breach of any express or
implied warranties thereof. Engineer shall not be required to indemnify City of
Baytown for any claims, damages, costs or expenses arising out of the SOLE
negligence of employees or agents of City of Bayjowzi.
1:_
Engineer agrees to maintain statuiory workmen's compensation insurance io cover
all of its own personnel engaged in performing services for client under this
agreement. Engineer also a &roes to maintain public liability insurance in an amount
of at least $504,040.00 covering claims against Engineer for damages resulting from
bodily injury, death or property damage from accidents arising in the course of
services perr6rmed under this agreement, with City named as an additional insured
party.
Engineer shall also notify City, within 24 hours of receipt, of any notices of
expiration, cancellation, non- reneual, or material change in coverage it received
from its insurer.
VE
The obligations of the parties to this Contract are performable in Harris County,
Texas; and if legal action is necessary to enforce its, exclusive venue shall lie m
Harris County, Texas.
APPLICABLE AI
This Contract is made subiect to the provisions of the City Code of the City of
Baytown, other City Ordinances, Standards, Specifications for materials and
construction, as amended, anti all applicable laws of the State of Texas and the
United States.
S'E.- RNINrz LANNS
This Contract shall be overned and construed in accordance with the laws and
decisions of the State of Texts.
a �: • e
Each and every provision contained in this Contract shall be severable iron each
and every other provision contained herein. In case any one or more of the
provisions contained in this Contract 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 provis:ons thereof; and this Contract shall be considered
as if such invalid, illegal, or unenforceable provision had never been contained in
this Contract.
2S. PUBLISHED MATERIAL
Engineer agrees that the City shall review and -approve any ATitten material
concernin or referring to City projects and /or activities prior to such kTitings being
publishefty the Engineer.
26. CAPTIONS
The captions to the various clauses of this Contract are for informational purposes
only and shall not alter any substance of the terms and conditions of this Contract.
27. .SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and insure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors, and except as
otherwise provided in this Contract, their assigns.
This Contract (pages 1 through $) embodies the complete agreement of the parties
hereto, superseding all oral or written previous and contemporary agreements
between the parties and relating to matters in this Contract, and except as otherwise
provided herein, cannot be modified without written agreement of the parties to be
attached to and made a part of this Contract.
IN WITNESS WHEREOF, the parties hereby have executed this agreement in triplicate
originals on this date, the day of ,14
TraMe Engineers, Inc. CITY of Ba nw�
Firm Name
I
lop
Ww'-w. mucson. J WK/w M
..
' "
Title
8322 SQuthwest Freeway, Suitt it
Address
Houston� Texas 77Q2
City, State, Zip Code
I111
THE STATE OF TEXAS
COUNTY OF HARRIS
ENGINEERING SERVICES CONTRACT
Project Name
Traffic Light Synchronization Program II
City of Baytown
THIS CONTRACT, by and between City of Baytown, a municipal corporation
hereinafter called "City", and Traffic Engineers, Inc. a corporation authorized to do
business in the State of Texas, hereinafter called "Engineer", evidences the following:
WHEREAS, City desires the professional engineering services of Engineer, for
Assistance in obtaining and utilizing Traffic Light Synchronization Program Grant funds as
follows:
Assist City staff in processing grant funds available from oil
overcharge monies as administered by the Texas Department of
Transportation (TxDOT).
Develop and assist staff in implementing signal timing plans upon
project approval by TxDOT.
Develop and submit "Before" and "After" Evaluation reports to
TxDOT for review and approval.
Such effort will address signal systems as defined and approved within the grant
applications.
WHEREAS, Engineer represents that it is qualified and capable of performing the
professional engineering services proposed herein for this Project and is willing to enter
into this Contract with City to perform said services;
Now, THEREFORE, the parties in consideration of the terms and conditions
contained herein agreed as follows:
BTCONTRA.WPS 1 of 8 4/2/92
1.DEFINITIONS
As used herein, the following terms shall have the following definitions:
A. "Before" shall mean the study report of conditions obtained prior to the
implementation of the proposed signal timing plans, which report is required
to be submitted by the Texas Department of Transportation prior to
obtaining Traffic Light Synchronization Program grant funds.
B. "After" shall mean the study report of conditions which will be obtained
subsequent to the implementation of the proposed signal timing plan, which
report is required to be submitted by the Texas Department of
Transportation prior to obtaining Traffic Light Synchronization Program
grant funds.
C. "Director" shall mean the Director of Public Works for the City of Baytown
or his designee.
D. "The Project" shall mean all activities necessary to obtain Traffic Light
Synchronization Program grant funds for the purpose of implementing signal
timing plans for traffic signals located in and around Alexander Drive,
between Texas Avenue and McKinney Road, in the City of Baytown, Texas.
2.EMPLOYMENT OF THE ENGINEER
Engineer agrees to perform professional services in connection with the Project as
set forth in the following sections of this Contract, and City agrees to pay, and
Engineer agrees to accept fees as set forth in the following sections as full and final
compensation for all services provided under this Contract.
3.CONTRACT ADMINISTRATION
This Contract shall be administered on behalf of the City by the Director, and on
behalf of the Engineer by Engineer's duly authorized officials.
4. ENGINEER'S SERVICES
The Engineer agrees to render services necessary for the development of the Project
as outlined herein.
Scope of Work
A. Implement approved grant application for approved signal system:
Alexander Drive.
B. The following tasks will be accomplished by the Engineer:
1.Collect Field Data
a) 24 Hour Machine Counts
b) Turning Movement Counts
c) Travel Time Data
d) Inventory Existing Controller and Timings
e Observe Intersection Movements
BTCONTRA.WPS 2 of 8 4/2/92
2.Develop computer simulation of existing conditions using PASSER II
computer model
3.Develop "Before" study report
4.Optimize proposed timings for three (3) time periods
5.Assist City in implementing timing plans
6.Adjust field controller timings as necessary
7.Develop computer simulation of implemented timing system
8.Develop "After" field data collection involving travel times.
9.Develop "After" study report.
C. The geographical limits of the study are as follows:
Alexander Drive - Texas to McKinney
D. The Engineer's fees for performing the tasks outlined in this article will be
28,600.00.
5.PAYMENT FOR SERVICES
A. Payment for services will be computed on the basis of professional services
rendered in connection with the project as defined in article 4 above.
B. Engineer shall submit the percentage of the project which has been
completed at the time of the statement for payment. City shall make
payment in the amount shown by the Engineer's monthly statements and
other documentation submitted within 30 days.
C. Nothing contained in this article shall require City to pay for any work which
is unsatisfactory as reasonably determined by the Director or which is not
submitted in compliance with the terms of this Contract. City shall not be
required to make any payments to the Engineer in the event that the
Engineer is in default under this Contract; nor shall this paragraph
constitute a waiver of any right, law or in equity, which the City may have in
the event that the Engineer is in default, including the right to bring legal
action for damages or for specific performances of this Contract.
6.OWNERSHIP OF DOCUMENTS
All information, data, and other items given to, prepared, or assembled by Engineer
under this Contract, shall become the sole property of City and shall be delivered to
City, without restriction on future use. Engineer may make copies of any and all
documents and items for its files.
7.SERVICES BY CITY
City shall provide the following services under this Contract:
BTCONTRA.WPS 3 of 8 4/2/92
A. Provide available criteria and specifications and such data and information
concerning the City's requirements for completion of the project to the
Engineer.
B. Provide all available and necessary drawings, maps, and notes related to the
Project as defined in article 1.D of this contract.
C. Implement the signal timing plans provided by Engineer in the field.
8.COMPLETION SCHEDULE
The services furnished by the Engineer under this Contract will be completed in
accordance with the following timetable:
For the purposes of this Contract, a month is defined as thirty (30) calendar days
and a week as seven (7) calendar days. If any of the following submissions fall on a
date on which City offices are closed for holiday or weekend, then the submissions
shall be due to the following City working day.
It is the intent of the contract to complete the work at the earliest time consistent
with the critical requirements of the TLS Project Schedule, outlined below:
ESTIMATED WORK
TASK PERIOD (BY MONTH)
Field check equipment Months 1 through 4
Collect field data Months 1 through 4
Data coding Month 5
Calibrate model Month 6
Before" field evaluation Month 7
Complete optimization runs
and selection of plans Months 8 and 9
Implement timing plans Months 8 through 11
Fine-tune timing plans Months 8 through 11
Attend "Help" session Month 10
optional)
Complete simulation of plans
implemented in field. Months 11 and 12
After" field evaluation Month 12
9.CONTROL BY CITY
City shall have complete control of the services to be rendered and no work shall be
done under this Contract until the Engineer is instructed in writing to proceed.
BTCONTRA.WPS 4 of 8 4/2/92
10. TERMINATION OF CONTRACT
City may indefinitely suspend further work hereunder or terminate this Contract or
any phase of this Contract upon thirty (30) days prior written notice to the Engineer
with the understanding that immediately upon the receipt of such notice all work
and labor being performed under this Contract shall cease immediately and no
further payments shall be due to Engineer from the City. Before the expiration of
the thirty (30) day period, Engineer shall invoice the City for all work accomplished
by him prior to the receipt of such notice. No amount shall be due for lost or
anticipated profits. All plans, field surveys, and other data related to the Project
shall become property of City upon termination of the Contract and shall be
promptly delivered to City in a reasonably organized form without restriction on
future use except as stated in article 6. Should City subsequently contract with a
new consultant for continuation of services on the Project, Engineer shall cooperate
in providing information.
11. EQUAL EMPLOYMENT OPPORTUNITY
A. The Engineer shall not discriminate against any employee or applicant for
employment because of race, age, color, religion, sex, ancestry, national
origin or place of birth. The Engineer shall take affirmative action to insure
that applicants are employed and that employees are treated during their
employment without regard to their race, age, color, religion, sex, ancestry,
national origin, or place of birth.
B. If the Engineer fails to comply with the Federal Laws relating to Equal
Employment Opportunity, it is agreed that City at its option may do either or
both of the following:
1.Cancel, terminate, or suspend the contract in whole or in part;
2.Declare the Engineer ineligible for further City contracts until he is
determined to be in compliance.
12. AMENDMENTS
This Contract may be amended or supplemented in any particular only by written
instrument and only as approved by resolution of City Council or the City Manager
of the City of Baytown, except for termination under article 10, Termination of
Contract, which may be accomplished by the City as specified therein.
13. COMPLIANCE WITH LAWS. CHARTERS,AND ORDINANCES, ETC.
The Engineer, his consultants, agents and employees, and subcontractors shall
comply with all applicable Federal and State laws, the Charter and Ordinances of
the City, and with all applicable rules and regulations promulgated by all local, state,
and national boards, bureaus, agencies, and commissions.
14. RIGHT OF REVIEW
Engineer agrees that City may review any and all of the work performed by
Engineer under this Contract. City is hereby granted the right to audit at City's
election, all of the consultant's records and billings related to the performance of
this contract. Engineer agrees to retain such records for a minimum of three (3)
years following completion of this contract.
BTCONTRA.WPS 5 of 8 4/2/92
15. CONFLICT OF INTEREST
No officer or employee of the City shall have any financial interest, direct or
indirect, in any contract with the City or be financially interested, directly or
indirectly, in the sale to the City of any land, materials, supplies, or services, except
acting on behalf of the City as an officer or employee. Any violation of this section
shall constitute malfeasance in office, and any officer or employee guilty thereof
shall thereby forfeit his office or position with the City. Any knowing violation of
this section, expressed or implied, or the person or corporation contracting with the
City shall render the Contract involved voidable by the City.
16. CONTRACT PERSONAL
This Contract is for personal and professional services; and the Engineer shall not
assign this Contract, in whole or in part, without the prior written consent of the
City.
17. NOTICES
All notices, communications, and reports required or permitted under this Contract
shall be personally delivered or mailed to the respective parties by depositing the
same in the United States Mail at the address shown below unless and until either
party is otherwise notified in writing by the other party at the following addresses.
Mailed notices shall be deemed communicated after five days.
If intended for City, to: If intended for Engineer, to:
Jim Sanders John W. Hudson. Jr., P.E.
Contact Person Contact Person
Traffic Safety Coordinator President
Title Title
City of Baytown Traffic Engineers. Inc.
Firm Name
P.O. Box 424 8323 Southwest Freeway, Suite 200
Address Address
Baytown, Texas 77522 Houston, Texas 77074
City, State, Zip Code City, State, Zip Code
713) 270-8145
Telephone No.
713) 270-8148
Fax. No.
18. INDEPENDENT CONTRACTOR
In performing services under this Contract, En*ineer is performing services of the
type performed by said Engineer prior to this contract; and Engineer by the
execution of this contract does not change the independent status of the Engineer
under which the aforementioned services were provided. No term, or provision
hereof, or act of Engineer in the performance of this Contract shall be construed as
making Engineer the agent, servant, or employee of the City.
BTCONTRA.WPS 6 of 8 4/2/92
19. INDEMNITY
Engineer agrees to indemnify, defend, protect, and hold harmless from any and all
claims, damages, demands, costs or expenses (including attorneys' fees, court costs,
and other costs of litigation) for property damage, loss of use or revenue, personal
injury or bodily injury arising from the actual or alleged misfunction, defect in
design or workmanship, or defect or negligence in the manufacture of equipment, or
non-fulfillment of contract, or for breach of any express or implied warranties
thereof. Engineer shall not be required to indemnify City of Baytown for any
claims, damages, costs or expenses arising out of the SOLE negligence of employees
or agents of City of Baytown.
20. INSURANCE
Engineer agrees to maintain statutory workmen's compensation insurance to cover
all of its own personnel engaged in performing services for client under this
agreement. Engineer also agrees to maintain public liability insurance in an amount
of at least $500,000.00 covering claims against Engineer for damages resulting from
bodily injury, death or property damage from accidents arising in the course of
services performed under this agreement, with City named as an additional insured
party.
Engineer shall also notify City, within 24 hours of receipt, of any notices of
expiration, cancellation, non-renewal, or material change in coverage it received
from its insurer.
21. VENUE
The obligations of the parties to this Contract are performable in Harris County,
Texas; and if legal action is necessary to enforce it, exclusive venue shall lie in
Harris County, Texas.
22. APPLICABLE LAWS
This Contract is made subject to the provisions of the City Code of the City of
Baytown, other City Ordinances, Standards, Specifications for materials and
construction, as amended, and all applicable laws of the State of Texas and the
United States.
23. GOVERNING LAWS
This Contract shall be governed and construed in accordance with the laws and
decisions of the State of Texas.
24. LEGAL CONSTRUCTION
Each and every provision contained in this Contract shall be severable from each
and every other provision contained herein. In case any one or more of the
provisions contained in this Contract 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 provisions thereof; and this Contract shall be considered
as if such invalid, illegal, or unenforceable provision had never been contained in
this Contract.
BTCONTRA.WPS 7 of 8 4/2/92
25. PUBLISHED MATERIAL
Engineer agrees that the City shall review and approve any written material
concerning or referring to City projects and/or activities prior to such writings being
published by the Engineer.
26. CAPTIONS
The captions to the various clauses of this Contract are for informational purposes
only and shall not alter any substance of the terms and conditions of this Contract.
27. SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and insure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors, and except as
otherwise provided in this Contract, their assigns.
28. ENTIRE AGREEMENT
This Contract (pages 1 through 8) embodies the complete agreement of the parties
hereto, superseding all oral or written previous and contemporary agreements
between the parties and relating to matters in this Contract, and except as otherwise
provided herein, cannot be modified without written agreement of the parties to be
attached to and made a part of this Contract.
IN WITNESS WHEREOF, the parties hereby have executed this agreement in triplicate
originals on this date, the c day of 2 19 9 .
Traffic Engineers, Inc. CITY of Baytown
Firm Name
John W. H dson, Jr..tP.E. rty • icia
Contact Person
President Mays
Title Title
8323 Southwest Freeway, Suite 200
Address
Houston, Texas 77074
City, State, Zip Code
ATTEST a%hjyyk- , Q i-Q ATTEST
FUNDS AVAILABLE
ACCOUNT NUMBER
FINANCE DEPARTMENT
DATE
BTCONTRA.WPS 8 of 8 4/2/92