HomeMy WebLinkAboutContract 36851 Agreement No.C3�- I 'X Q (Dozy
STATE OF TEXAS § CITY CONTRACT TARP'
COUNTY OF TARRANT § CVO.
06�:)
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF SAFETY LIGHTING
SYSTEMS WITHIN MUNICIPALITIES
(State Maintains and Contracts for Power)
(Blanket Agreement)
THIS AGREEMENT, dated this<��=` day of V , , 20 r`, R , by and
between the State of Texas, hereinafter referred to as the "State," party of the first part,
acting by and through the Texas Department of Transportation, and the City of
Fort Worth , Tarrant County, Texas, acting by and
th ou h its duly authorized o ' ers under a resolution or ordinance passed the day of
20d , hereinafter called the "City," party of the second part.
WITNESSETH
WHEREAS, in order to provide a more adequate facility to the traveling public, the
construction, maintenance, and operation of certain safety lighting systems is required
within the corporate limits of the City. Within the City, said safety lighting system,
hereinafter referred to as the "lighting system," is to consist of safety lighting to be built in
sections as financed and designated by the Texas Transportation Commission; and
WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation
Commission, has made it known to the City that the State will construct, maintain, and
operate said lighting systems, subject to the conditions and provisions stated herein, as
provided for in Section 25.11, Texas Administrative Code and Section 220, Texas
Transportation Code.
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. CONSTRUCTION AND MAINTENANCE RESPONSIBILITIES
a. The State will prepare or provide for the plans and specifications, advertise for bids,
let the construction contract, or otherwise 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 specifications 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 the spaces provided on the title sheet of plans containing the following notation:
"Attachment No. to special AGREEMENT FOR
RUCTION, MAINTENANCE, AND OPERATION OF -01-08 P02:03 IN
SAFLJY LIGHTING SYSTEMS WITHIN MUNICIPALITIES,
dated . The City-State construction,
mainte iance, and operation responsibilities shall be as heretofore
Traffic-Traffi _ Page 1 of 2 Revised 09/18/2006
SAFETY LIGHTING BLANKET (SM,CP) 03-05-0 8 A 1 0: 26 IN
Agreement No.U2- SXXF(ovZo
agreed to, accepted, and specified in the Agreement to which
these plans are made a part."
b. All costs of construction, maintenance, and operation of the lighting system will be
borne by the State, and the lighting system will remain the property of the state.
Article 2. GENERAL
a. The State's obligation for operation and maintenance of the lighting system shall
cease should the route on which it is located be dropped from the State Highway System.
b. This Agreement will cease to apply to sections of the lighting system in the event that
those sections are removed or become a part of a continuous illumination system.
c. This agreement shall remain in force for a period of two years from the date that it is
signed by the State, and it is understood by both parties that at the end of the initial two-
year period, the Agreement will be automatically renewed for two-year periods thereafter
unless modified by mutual agreement of both parties. In the event that the lighting system
installed in accordance with this Agreement becomes unnecessary or is removed for any
reason, this agreement will terminate.
d. Changes in time frame, character, cost, 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.
e. This Agreement constitutes the sole and only agreement for lighting at the location
described herein of the parties hereto and supersedes any prior understandings or written
or oral agreement between the parties respecting the within subject matter.
IN WITN SS WHEREOF, the parties have thereunto affixed their signature, the City of
Rcr WwAh on the 9_' day of ( , 2068 , and the
Texas Department of Transportation on the 2 day of 0-\caccA , 20(-"x _
THE CITY OF FORT WORTH
Executed on behalf of the City by: `'� ��,?, ! � I
By Date 3W4 .a —
Typed or Printed Name and Title Fernando Costa, Acting
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 progr s heretofore approved and authorized by the Texas
Transpo Co mi io
By 1 Date
Distri t Engineer
Attested By.
APPR D S TO FOR GALITY:
A orn ♦,tarty Henc Re lu�lOn
j�(�•►.0 �►- iloo�3 'icy set-mu-1 3541-ust
Traffic-Traffic TEA19 Page 2 of 2 Revised 09/18/2006
SAFETY LIGHTING LANKET (SM,CP)
Resolution
NO. 3587-02-2008
WHEREAS, in order to provide a more adequate facility to the traveling public, the
construction, maintenance and operation of certain highway safety lighting systems is
required within the corporate limits of the City of Fort Worth by the Texas Transportation
Commission;
WHEREAS, the Texas Department of Transportation (TxDOT), acting for and in
behalf of the Texas Transportation Commission, has agreed to construct, maintain and
operate said safety lighting systems at no expense to the City of Fort Worth;
WHEREAS, TxDOT will submit plans for the construction of any future safety
lighting systems within the City of Fort Worth for approval by the City of Fort Worth; and
WHEREAS, TxDOT requests that the City of Fort Worth execute a blanket
agreement covering the construction, maintenance and operation of said safety lighting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
The City Manager or his designee is authorized to execute an agreement with the Texas
Department of Transportation for the construction, maintenance and operation of safety
lighting systems by the Texas Department of Transportation within the City of Fort Worth.
Adopted this 26th day of February 2008.
ATTEST:
APPROVED
CITY COUNCIL
By: f�a FEB 2 6 2008
Marty Hendrix, City Secretary
City Secretary of the
City of Fort World,Texas
rggA AV
, YEN.
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/26/2008 - Res. No. 3587-02-2008
DATE: Tuesday, February 26, 2008
LOG NAME: 20FRWYSAFTY REFERENCE NO.: **G-16063
SUBJECT:
Adopt a Resolution Authorizing Execution of an Agreement with the Texas Department of
Transportation for Construction, Maintenance and Operation of Safety Lighting Systems within the
City of Fort Worth
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing the execution of an
agreement with the Texas Department of Transportation for construction, maintenance and operation of
safety lighting systems within the City of Fort Worth.
DISCUSSION:
Texas Department of Transportation (TxDOT) staff currently maintains and operates the safety lighting at
certain highway interchanges, which are covered by various agreements that date back to 1972. TxDOT is
requesting that the City execute a blanket agreement to cover the current interchanges, interchanges along
the future extension of State Highway 121 south of Dirks Road and all future locations that warrant safety
lighting.
The seven locations currently maintained by TxDOT are:
1. State Highway 183 (Airport Freeway) and State Highway 360;
2. Interstate Highway 35W(North Freeway) and Interstate Highway 820 North;
3. Business 287 and Interstate Highway 820 North;
4. Interstate Highway 820 (Northwest) and State Highway 199;
5. Interstate Highway 30 (West Freeway) and Interstate Highway 820 West;
6. Interstate Highway 820 and Spur 580 (Camp Bowie West); and
7. Interstate Highway 35W and State Highway 170.
The three proposed locations on State Highway 121 to be maintained by TxDOT are:
1. State Highway 121/Sycamore School Road intersections/ramps;
2. State Highway 121/Future McPherson Road intersections/ramps; and
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/1/2008
Page 2 of 2
3. State Highway 121/Fort Worth and Western Railroad bridge underpass lighting.
The agreement provides that TxDOT will submit construction plans to the City to approve any future
highway interchange safety lighting and that TxDOT will cover all cost associated with these safety lighting
systems unless they become part of a continuous lighting system. We do not anticipate that continuous
lighting will ever be installed on these facilities, therefore maintenance of these lights will most likely remain
TxDOT's responsibility. The agreement will be in force for an initial two year period, with automatic two year
period renewals thereafter.
This currently affects COUNCIL DISTRICTS 2, 3, 5 and 7 but is subject to being citywide depending on
future highway projects.
FISCAL INFORMATION/CERTIFICATION:
There is no fiscal impact of this agreement as drafted.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Fernando Costa (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Mark Mathis (7861)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/1/2008