HomeMy WebLinkAboutContract 45337 crry $ECRETARY
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AGREEMENT FOR CONSTRUCTION MAINTENANCE
AND OPERATION OF CONTINUOUS HIG LIGHTING
SYSTEMS WTIHN A MUNICIPALITY
(FRE,EWANS OR EXPRESSWAYS)
,Seclfflc Limits)
STATE OF TEXAS
COUNTY OF TRAVIS
TfUS AGREEMENT, dated th ,, P' '. '" by
and between the State of Texas, hereinafter referred to as the"'State"',party of the first pail,
acting y and thro a ,b the Texas Department of'T ra spor at n,, and the.City of Fort Worth,
Tarrant County, Texas, acting by and through its duty authorized o fficers tinder -i ordinance or
r s ut ion ass � day of � �2 0 d�Z hereinafter called the
cI ty?'01
pail "of the second part, is made to became effective when fully executed by both parties.
a
WITNESS ETH
WHEREAS, the City has requested the Stato to contribute financial aid �n, the
constrUCtion, rnainter ante and operation of cont1tWous highway'lighting system on the freeway
or expressway,designated as H-8201 within the limits from W-35W to the ci,ty limits,of H It ni
City ins de the City which isin accordance with Sect laor 25.,11.Texas Adm inn trati e Code..
Within the City,said lighting system hereinafter ref erred to as the"lighting cyst lyl is to consist
of continuous fighting to be bUilt in sections as Financed and designated bly the Texas
Transportation Commission'; and,
WHEUAS,the Executive Dirlector,ac iDg for and behalf of the Texas Transportation
Commission,has made t known to the City that the State will construct said,highway lighting CONTINUOUS LIGHTINCi I of 6 4:2, 917
SC(I�00:),-CM0(1 00)(S L)
IRTH
a
system., conditioned that the City,jas provided in Section 25.1 1,,Texas Administrative Code and
Article 6673b, Vernon's Civil Statutes,will maintain and operate said lighting system.
,AGREEME,NT W
NOW"SHE REFORR, in consideration of the premises and of the,mutual covenants and
agreements of the parties hereto to be.by them resl>ert vely kept and performed as here Ana fter set
forth, i,t is agreed as follows.-
1 CONSTR.UCTION RESPONSIBILITIES
A. The State will prepare or provide for the plans and specifications, advertise for bids, let
t�e construction contract,or otherwise provide for the construction,and will supervise
construction, reconstruction or betterment wor'k as reqtjired by said plans,and specifications. As
this lighting system project is developed to construction stage,.either as a unit or in increments,
the State will submit plans and specifications oft e proposed work to the City and will secure
the City's consent to construct the lighting system prior to awarding the contract; said City
consent being signified by the signatures of duty authorized City officers iin the spaces provided
on tne title sheet of the plans containing the following notatiol-C
Attachi-n-ent No. to, splecial AGREE ENT FOR CONSTRUCTION1
MIA INTENANCE,, AND OPERATION OF CONTINUOUS HIGHWAY
LIGHTING SYSTEMS WIT ICIPALITY,(FREEWAYS
OR EXPRESSWAYS)(Specific Limits),dated
The City-State constrUCtion, maintenance, and operation responsibilities
shall be as heretofore algrcod to, accepted,and specified in the Agreement
CONTINUOUS LIGHTING 2of6 7
4 T r%T11
SC(100)- CMO(100)(SL)
lit
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to which these plans are made a part."
B. All costs of coast nicting the lighting system will be borne by the State,and the II'glitm' g
system will remain the property of the State!.,
2. MAJNj!jNANCE A",.OPERATION RESPONSIBILITIES
A. The City hereby agrees to furnish at its expense the electrical energy'required for proper
operation of the 110ting sys,teni, such electrical energy to he provided at points on the
illLIMInation,system as designated by the State. The City further agrees to maintain andi operate
the lighting system in an efficient and sightly condition', including the furrilshing of all equipment
and labor and making any replacements which may become necessary,l without cost to the State.
13. The City shall assume maintenance and operation on a date to correspond with!the date
construction of the lighting system is completed,and accepted by the State.. The State will
provide wiritten noti fication to the City of such acceptance. The City hereby agrees to furnish at
its expense the electrical energy consumed by the system during the period of trial operation prior
to acceptance by the State. Ilf the,lig,h,tin,g system is constructed by sections, this Provition shall
apply to each such separately constructed section.
C. The City will obtain approval of the Executive Director before making any major changes
in the design and/or operation of the lighting system as designed and constructed by the State or
befo,re the removal,of an I
y part oft,he *nstallation except for the purpose of replacement where
id'entical or accepted equivalent Qq Lip meat to that onginalty installed is used.
3, GENE
A. This Agreement shall remain in force for a Pen*od of two years from the date that
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CONTINUOUS LIGHTING 3 of 6 a ff*--
7L
maintenance and operation responsiovities,are first assumed by the City and shall be
automatically renewed for two-year,periods,unless modified by mutual agreement of both parties.
B. The State will not incur any financial obligation to the City as a result of tail Agreejnent.
C. geement i sixty(6 ' days after the filing oawri tten notI i
ce by
either party of a desire for cancellation. The State reserves the right to remove the lighting
system upon cancellation of the Agreement.
D. If, at any time, the City does not maintain and operate the lighting system In a satisfactory
nianner', the State reserves the right to either arrange for maintenance at,the expense,of the it
or to remove the lighting system. Should the lighting system be removed due to lack of
maintenance, the City hereby agrees to reimburse the State for the cost of removal,.
E. Should disputes arise as to the parties'obligations,under this Agreement, the State's,
decision shall be final and binding.
F. The City shall comply with all federal,state,and local laws,statutes,ordinances'. rulesi
and regulations,and the ordors and decrees of any court,or administrative bodies,or tn"bunals,in
any matter affectingthe perfo:rmiance of this Agreement,
ry G. Changes in time fraine, character, cos,h,or obligations authorized herein shall be enacted
by written amendment, Any amendment to this, Agreement must be executed by both parties
within the contract period.
H. is Agreement shall bind,and shall be for the Sole and exclusive benefit of the
respective parties and their legal successors. The City shall not assign or transfer its interest in
this Agreement,without written consenE of the State.
27
CONTINUOUS LIGHTTNG 4 o 6 -
SCO 0,0)-CM10(1 00)(�L)
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In case any 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 shall not affect any other pro"'sion.thereof and thi's Agreement shall be
construed as if such, invalid illegal,or unenforceable provision had,never been contained herein.,
J. This Agreement constitutes the sole and only agreement for lighting at the locadon
described herein of the parties hereto and supersedes any,prior understandings or written or oral
agreement between the parties,respecting the w1ithin subjqct matter.
4, INDEMNIFICATION
The City acknowledges that it is not an Agent,,servant,,or employee of the State and, thus, L's
responsible for its own acts and deeds and for those of its agents or employees during the
Performance of the work defined in this agreement.
CONTINUOUS LIGHTING 5 of 6 1-9z
SC O 00)-CMOO 00)(SL)
IN WITNESS WHEREOF,the parties have thereunto affixed their signatures,the City of
on the day of
0
20 day of
and the Texas Department offransportation on the
12 20 10
T: THE STATE OF TEXAS
A0,
Executed for the'Executive Director and
lks�f 7116 #a- approved for the'Texas Transportation
CITY 0 Commission tinder the Authon'ty of Minute
Order 100002 and&and Alone Manual
Notice 96-6, for the purpose and effect
By:
........-------
Va rc oft of activang and/or ca g out the orders,
Ass established policies or work progr�ars by
c
il �nt Q"anaaar
(Title of Signing Official) the 1"exas Transportation Commission.
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APPRO
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(Date)
Distri4t Engineer
1 10
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Contract AUthorizaltion District
(T
r�ate Date"
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CONUNUOUS LIGHTING 6 of 6
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0jifil TEX,
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or orm Texas
Afth,
_FRE_F'_ER_EN"C_E_N
/02 Alf PAGE
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS H'IGH'WAY
LIGHTING ON IH820 FROM IH35 '' TO BEACH STREET WITHIN THE CITY OF FOR
WORTH
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an agreement with the
Texas Department of Transportation for construction, maintenance and operation of continuous hig,hwa r
lighting on IH820 from IH35W to Beach Street within the City of Fort Worth CS -.0008 1 -059).
DISCUSSION:
The Texas Department of Transportation TX has requested that the City of Fort Worth enter into
a,n agreement for the construction,1 installation,, maintenance and operation of continuous highway
lighting on IH8,20 from Il- 35 to, Beach Street within the City of Fort Worth. Under this agreement', the
state will provide the engineering design and construction of the li'glhting system either as a unit or in
increments. The state will submit design plans and ,specifications to the City and secure appropriate
approval of plans by the City. All costs of constructing the lighting system will be borne by the state and
the lighting system will remain, the property of the state.
The City will furnish the electrical energy required for the lighting system and will maintain and operate
the lighting, system in an efficient and sightly condition, including the furnishing of all equipment and
lab ar and making any replacements which may become necessary, without cost to the state„ upon
completion and acceptance of the lighting system by the state. The City will also furnisih, at its
expense, the electrical energy necessary during the period of trial operation.
,
The agreement shall remain in force for a period of two years from the date that maintenance and
operation responsibilities are fiat assumed by the City, and shall be automatically renewed for tiro-year
periods unless edified by mutual agreement of both parties.
This, project is located in COUNCIL DISTRICT 4.
U I ty Oj 0 rt' Wo14 _11"ex a s
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Icatio"
DATE REFERENCE NUMBER O NAME PAGE
1 O/8/02 ___**C-1 9277, 20LIGHTING 20T Z
SUBJECT AGREEMENT WITH E TEXAS DEPARTMENT OF TRANSPORTATION FOR
CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY
LIGHTING ON IH82 '1 FROM IH35W TO BEACH STREET WI,T IN SHE CITY OF FORT
WORTH
FISCAL INFORMATION/CERTIFICATION:
'The Finance Director certifies that this action will have no material effect on City funds a t this time.
Maine a,nce a,nd u illlza i n expenses will be budgeted in future years operating budget.
O.-n
Submitted for City Manager's FUX C i�OUNT CITY SECRETARY
Office
Marc Ott 847
Originating Department Head;
Robes Goode 780,4 . I
Additional information Contacts.
George Behmanesh 79141