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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. u' - f 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