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HomeMy WebLinkAboutResolution 1129r ? ff RESOLUTION NO. &tf- A Resolution approving the agreement dated i ' between the State of Texas and the City of Fort Worth, for the in- stallation, construction, existence, use, operation and maintenance of a highway illumination project on Interstate Highway 30 from Westridge Avenue to Penticost Street in the City of Fort Worth; and providing for the execution of said agreement. 4 Be it resolved by the City Council of the City of Fort Worth: Section 1 That the certain Agreement dated , between the State of Texas and the City of Fort Worth for the installation, construction, existence, use, operation and maintenance of certain highway illumination located on Interstate Highway 30 from Westridge Avenue to Penticost Street in the City of Fort Worth be, and the same is, hereoy approved; and that Douglas Harman, City Manager is hereoy authorized to execute said agreement on behalf of the City of Fort Worth and to transmit the same to the. State of Texas for appropriate action PASSED: APPROVED: Mayor ATTEST: City Secretary A PROVED AS TO FOR : U City Attorney ds AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION SYSTEM WITHIN MUNICIPALITY $ STATE OF TEXAS H COUNTY OF TRAVIS H THIS AGREEMENT by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of Fort Worth, Tarrant County, Texas, acting by and through its duly authorized officers under an ordinance or resolution passed the , 19 , hereinafter called the "City," party of the second part is made to become effective when fully executed by both parties. W I T N E S S E T H • WHEREAS, the City has requested the State to contribute financial aid in the construction of a highway illumination system on Interstate Highway 30, from Westridge Avenue to Penticost Street. Within the City, said illumination system hereinafter referred to as the "illumination system" is to consist of continuous lighting to be built in sections as financed and designated by the State Highway and Public Transportation Commission; and WHEREAS, the Engineer-Director, acting for and in behalf of the State Highway and Public Transportation Commission, has made it known to the City that the State will construct said illumination system, conditioned that the City, as provided in Highway Commission • Order No. 82420, will maintain and operate said illumination system. day of 1-5 Form 1074 12-84 AGREEMENT NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties to be by them respectively kept and performed as hereafter set forth, it is agreed as follows: 1. CONSTRUCTION RESPONSIBILITIES a. The State will prepare or provide for the plans and specifi- cations, advertise for bids, let the construction contract, or other- wise provide for the construction, and will supervise construction, reconstruction or betterment work as required by said plans and specifications. As a project is developed to construction stage, either as a unit or in increments, the State will submit plans and specifica- tions of the 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 to be signified by the signatures of duly authorized City officers in spaces provided on this agreement. b. All costs of constructing the illumination system, including the electrical system, will be borne by the State, and the illumination system will remain the property of the State. 2. MAINTENANCE AND OPERATION RESPONSIBILITIES a. The City hereby agrees to maintain and operate the illumination system in an efficient and sightly condition, including the furnishing of all equipment and labor and making any replacements which may become necessary, without cost to the State. is 2-5 Form 1074 12-84 b. The City will assume maintenance and operation on a date to correspond with the date construction of the illumination system is lie completed and accepted by the State. The State will provide written notification to the City as to the date of acceptance of the illumination system by the State. The City hereby agrees to furnish at its expense the electrical energy consume8 by the system during and after the period of trial operation prior to acceptance by the State. If the illumination system is constructed by sections, this provision shall apply to each such separately constructed section. C. The City will obtain written approval of the Engineer-Director before making any changes in the design and/or operation of the I's illumination system as designed and constructed by the State or before the removal of any part of the installation except for the purpose of replacement where identical or accepted equivalent equipment to that originally installed is used. 3. GENERAL a. This agreement shall remain in force for a period of two years from the date that maintenance and operation responsibilities are first assumed by the City and shall thereafter remain in force unless modified by mutual agreement of both parties. This agreement shall automatically terminate at such time as action by the State causes the removal or reconstruction of the illumination system. 3-5 Form 1074 12-84 b. The State will not incur any financial obligation to the City 0 as a result of this Agreement. c. This Agreement may be terminated sixty (60) days after the filing of a written notice by either party of a desire for cancella- tion. The State reserves the right to remove the illumination system at no cost to the City upon cancellation of the Agreement. d. If, at any time, the City does not maintain and operate the illumination system in a satisfactory manner, the State reserves the right to either arrange for maintenance at the expense of the City or to remove the illumination system. Should the illumination system be removed due to lack of maintenance, the City hereby agrees to reimburse the State for the cost of removal. • 4. INDEMNIFICATION To the extent permitted by law, the City shall indemnify and save harmless the State, its agents or employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any person or property in consequence of any neglect in the performance or failure of performance of the City, its agents and employees to maintain the illumination system. • 4-5 Form 1074 IN WITNESS WHEREOF, the parties have thereunto iaffixed their signatures, the City of Fort Worth, Texas on the day of 19 Public Transportation on the day of 19 ATTEST: CITY OF FORT WORTH, TEXAS BY: and the State Department of Highways and THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs hereto approved and authorized by the State Highway and Public Transportation Commission: APPROVED: By: Engineer-Director Date: APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ';?` l I y ? City Secretary (Title of Signing Official) 5-5 Form 1074 12-84