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Home My WebLink AboutContract 34822CSJ: 0172-06-082 Project Name: Installation of Dr. Martin Luther King, Jr. Freeway Signs on US 287 _ STATE OF TEXAS § c�iiY SEC�iE`TAi��' !, �� a0�lTRACT I�Q . � _. , COUNTY OF TRAVIS § NAMED MARKER OR MEMORIAL MARKER HIGHWAY SIGN AGREEMENT THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State", and the City of Fort Worth, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Texas Transportation Code, §225.004 establishes that a local government may purchase and furnish to the department a suitable locally identifying memorial marker; and if the director approves the size and type of a marker, the department, on request, may erect the marker at a place most suitable to the department's maintenance operations. The department shall maintain the grounds for a marker. The local government shall repair or replace a marker; and WHEREAS, the Local Government desires assistance from the State with providing highway marker signs or plaques in accordance with the Texas Manual on Uniform Traffic Control Devices and the State's procedures for Dr. Martin Luther King, Jr. Freeway (US 287) from the south riqht-of-way line of the Missouri Pacific Railroad to the intersection of Loop 820 South in Fort Worth, Texas to be hereinafter identified as the "Project;" and WHEREAS, the Local Government proposes to pay the State a fixed amount for furnishing and/or installing these signs; and 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: AGREEMENT Article 1. Contract Period This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided. Article 2. Scope of Work 1. The State will fabricate and install the signs, as is identified on "Attachment A". 2. The State will fabricate 2 signs, furnish sign supports and make the sign installations, as is identified on "Attachment A". 3. The Local Government will pay the State a sum of $10,000.00 for the cost incurred by the F. .....J State for the project prior to fabrication and/or installation of the signs. �-�� ,, �, , � r ,.a ; ,� , paid by the Local Government to the State under this Agreement, the L c�' '`� ��:r�'I�'i��D� shall remit a check or warrant made payable to the "Texas Department of �; n�vl�,e�, �a�^:;� ��n � . � ��j,� ,,� Trust Fund." The check or warrant shall be deposited by the State in a e�r;a:vV��cq��t to 1'�� ..`<%.1;��;iY J�,;\`,, Traffic-Traffic MemMarker Page 1 of 5 Revised 09/18/2006 CSJ: 0172-06-082 Project Name: Installation of Dr. Martin Luther King, Jr. Freeway Signs on US 287 _ be managed by the State. Funds in the escrow account may only be applied by the State to the Project. 4. In the event it becomes necessary to replace one or more of these signs or their supports due to age, vandalism or damage, it will be the responsibility of the Local Government to pay the costs for such replacement. The cost amount shall be as determined at the time of replacement and shall be agreed upon by both parties prior to the State making replacement. 5. The Local Government shall make its intentions known to the State within thirty (30) days of notification by the State that the signs need repair or replacement. If the necessary funds, in fu11, are not received within 90 days of the notification that the signs need repair or replacement, the State will remove the signs and dispose of the signs and supports as it deems necessary, and this agreement shall be considered terminated as stated in Article 3. Article 3. Termination This agreement may be terminated by any of the following conditions: 1. By mutual written agreement and consent of all parties. 2. By the State upon determination that construction of the Project is not feasible or is not in the best interest of the State and the traveling public. 3. By any party, upon the failure of the other parties to fulfill the obligation as set forth herein. Termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and Local Government under this agreement. If the potential termination of this agreement is due to the failure of the Local Government to fulfill their contractual obligations as set forth herein; the State will notify the Local Government that possible breach of contract has occurred. The Local Government should make every effort to remedy the breach as outlined by the State within the period stated in Article 2, paragraph 5. Article 4. Relationship of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its �ontractors, employees, representatives, and agents. Article 5. Amendments Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by the Local Government and the State. Article 6. Legal Construction In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shal not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Traffic-Traffic_MemMarker Page 2 of 5 Revised 09/18/2006 CSJ: 0172-06-082 Project Name: Installation of Dr. Martin Luther King, Jr. Freeway Signs on US 287 _ Article 7. Sole Agreement This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. Article 8. Notices All notices required urdei this agreement by one party to the other parties shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: Count or Cit : State: Mr. Mar'c A. Ott Ms. Maribel Chavez, P.E. Assistant City Manager District Engineer The City of Fort Worth Texas Department of Transportation 1000 Throckmorton Street Fort Worth District Fort Worth, TX 76102 2501 S.W. Loop 820 Fort Worth, TX 76133 Notice shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. The parties hereto may change the above address by sending written notice of such change to the other parties in the manner provided herein. Articf� 9. Sir�rat�ry Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these preser��.tQ;be�executed in duplicate counterparts. ' V l ` THE �� .UN;�Y or ITY OF Fort Worth, TEXAS ;;, �: ,,;, � �, �J By: � '� % Date: �. �. � � '� � � � � _ 1�,.:_ e Marc A. Ott p,��i�ant City Manager Traffic-Traffic_MemMarker ' Page 3 of 5 r, n-i ;��i , ^�;� ��7 ��a��.,1:=!.l �:��J��.o ��ti� �� ? �� °'� �� .�, � � U��I�� ',;;'�'U°��!�, ��GS. Cc�ntract uthoziz�tio� i� �� __.,� = �_.�--= — Re�sed 09/18/2006 CSJ: 0172-06-082 Project Name: Installation of Dr. Martin Luther King, Jr. Freeway Signs on US 287 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. � � � � -X , , B y: w 6� ��(ilN� L re�� W�v � District Engineer / Date: �;' j ��v !� L��L�J�`a� �s� "�'�.� ��'�� ?� �� ?�'1 �� ':��;��?�a;!, ��, Traffic-Traffic_MemMarker Page 4 of 5 Revised 09/18/2006 CSJ: 0172-06-082 Project Name: Installation of Dr. Martin Luther King, Jr. Freeway Signs on US 287 _ ATTACHMENT A Description and Location of Named or Memorial Marker Signs Sign Description: Green background with white letters, 20 ft long, 7.5 ft high with the following text: US 287 (shield) Dr Martin Luther King Jr Freeway Sign Locations: Northbound US 287: One sign 600' north of the Village Creek Exit which is 600 ft south of the Village Creek overpass. Southbound US 287: One sign 700' north of Vickery Blvd overpass. Traffic-Traffic_MemMarker Page 5 of 5 Revised 09/18/2006 � Re�o�ufi�a� t�Q, 3442-12-2(?06 ST3PPO�TTNG T� PLACENdEN'1C �F Ni�MORIAL SIGNAG� ALt?I�IG TH� MARTIN �.IITHER K�TG �EWAY IN FQRT '�VORTH, ��LAS, IN HONOR QF lDR MAR'TS�T LIIT�R KIl�TG, JR �VH�RJEAS, in lus short lafe, Dr. Martin Luther King, Jr. was instrumental in helping us realize and rectify those �'►speakab�e flaws which were tarnishing the name of America; and WkfEREAS, Dr. Martiu Luther King, Jr. used. tactics of proiest involving non-violent passive resistance to racial injustice; and WH�I�T�, Dr. Nlartin Luther King, Jr. provided a cancile along with a light, providing this na.tion witb a road raap so tk�at al! people could locate and share tageiher iz�. the abundance of this �eeat democracy. �ie conducied the struggl� for ci�vil rights onthe hi�gh plain af digniry; and wHER�AS, ioday Black America.n.s have federa� legislation which provides access and legal protection in the a.�eas of pnblic accommoda.tions, housing, vadng rights, scl�ools and transporta:tion. Tlzese rights were not easily woz�, nor readiiy accepted, but the good will and conscience of an enozm,ous specirum oFour society, whether Black, Brown, Red, �'ellow or White, said "Move On;° and Rrg�RFi.As, Dr. Martin Luther Kirig, Jr. won the Nobe1 Peaca Prize for his Ieadership ofthe civil-rights movezt�ent and his commitment to nonviolence; and VVHEREA,S, on Navember 3, 1981, the Fort Worth City Coi�ncil adopted Ord.inance No. 8456 renari►�ng the Poly Freeway ta the Martin Luther King Freeway at ihe request of the Delta Sigma Theia Sorority, Inc. �li°�'� E�� "4`��' �iP`�i�'�'� ._.,�- vr��'v)E;!� as��t'p� t�� ;G°?� %1�� :..; � � �� '�:r:�;�:;U��W� ��. RPsnhitinn Nn �442-17-�.�(��i . NOR', THER�FORE, BE iT RESOLVED �Y TI�E CITY COUNCiL 4F THE CITY' OF �ORT WORTH, TEXAS: That the City Council herebq u.rges the Te�as Departnuent of Transportation to giace appropriate memorial signage dasignatiz�g the portian of US 287 £rom the south righi-of-wa,y line of the Missouri Paci�c Razlraad south io the intersection a£ Loop 820 South in Fort Worth, Texas, as the Martin Luther King, Jr_ Freeway. Adopted this 19th day of December 20Q6. ATTEST: By: � -' Marty Hendrix, City Secr�tary A�p�av�a CiTY CQU��L DFC 1 9 2006 ��,�1.-��:-� Cily Secratary of the City of Fort V�+�ata�, T'axzs ��°�'�` �� '�� .`�� A l��sotu��iart [�4. �442-12-2006 S�[l�'PORTING 'I`�1HE PL�A.CEMENT OF N1�MURIAL SIGNAGE AL�1�IG� THE MAR'I`�T LTJTHER K�NG �`RT.EVVAY IN FURT'i7VURTH, �S, IN HUNCIR OF �}R MARTYN �.CTT'�ER �UNG, JR. i�VH�itEAS, i.n his short life, Dr. M,artin Luiher King, Jr. was instnunez�tal in helping us realize and rectify those unspeakab�e flaws whic}� were ta.rnishing the name af America; az�d W�iEREAS, Dr. MaFtin Luther King, Jr. used taciics of protes� invalving non-violent p�ssive resistanc� to racial inju�tice; and �'VH�RF��S, Dr. Martin Lu�her King, 3r. provided a candle along with a light, �roviding tlus nation with a road map sa ihat all people could locate a�3 share together ixi the abundance af this �;reat democracy. He conducted tlZe struggle for civil rights on the high pla.in o£' dignity; and WHER�AS, ioday Black Arnericans have federal. legislation whicf� provides access and legal pratectian in tbe areas of public accommodations, housing, voting rights, schools and trat�sportation. These rights were noi easily won, nor readiiy accspteci, but the good will and conscience of an enorxnous specirum af our society, whether Black, Brown, Red, Yellow or White, said "1V�ove On;" and WH�REAS, Dr. Martiu Luther King, Ir, won the Nobel Peace Pz�ize for his leadership ofthe civil-rights movemient and hzs commitment #� nonviolence; and WHEREA.S, on Navember 3, 1981, the Fort Worth CiLy Cor.2nci1 adopted Ordinance No. 8456 renaming the Poiq Freeway to the Martin Luther King Freeway at the request of the Delta Sigma Theta Sororitq, Inc. fi��°�,"�` #��'` �"�`i�fi��"�W1'��.'3i'�