HomeMy WebLinkAboutContract 37218 Agreement No. pa- $ &(, tpU2U
STATE OF TEXAS §
COUNTY OF TARRANT § COI`ITT NO y 3��
AGREEMENT FOR CONSTRUCTION, MAINTENANCE �c -
AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING
SYSTEMS WITHIN A MUNICIPALITY
(FREEWAYS OR EXPRESSWAYS)
(Specific Limits)
THIS AGREEMENT, dated this___ day of _ , 20 per_, 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 thro gh its my authorized officers Tuere'r a ordinance or resolution passed the
_ ay of 20 4 , hereinafter called the "City," party of
the second part, i made to become effective when fully executed by both parties.
WITNESSETH
WHEREAS, the City has requested the State to contribute financial aid in the construction,
maintenance, and operation of a continuous highway lighting system on the freeway or
expressway designated as BU 287P (East Rosedale Street) within the limits from South Main
Street to South Riverside Drive inside the City which is in accordance with 43 Texas
Administrative Code, Section 25.11. Within the City, said lighting system hereinafter referred
to as the "lighting system" is to consist of continuous 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 said highway lighting
system, conditioned that the City, as provided in 43 Texas Administrative Code, Section
25.11 and Transportation Code, §221.002, will maintain and operate said lighting system.
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 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 this lighting system 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 being signified by the signatures of duly
authorized City officers in the spaces provided on the title sheet of the plans c_ontainina_,_._._
the following notation. -;,� ,�Is
a o
"Attachment No. to special AGREEMENT FOR CONSTR'U'C;r N1flftly K-1 0 APY
f� J�o
Traffic-Traffic Page 1 of 3 Revised 05/18>2006_
CONTINUOUS LIGHTING SC(100)- CMO(100)(SL)
Agreement No. 02- �XXc:tpb- /
MAINTENANCE, AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS
WITHIN A MUNICIPALITY (FREEWAYS OR EXPRESSWAYS) (Specific Limits) dated
The City-State construction, maintenance, and operation responsibilities shall be a
heretofore agreed to, accepted, and specified in the Agreement to which these plans are
made a part."
B. All costs of constructing the lighting system will be borne by the State, and the lighting
system will remain the property of the State.
Article 2. MAINTENANCE AND OPERATION RESPONSIBILITIES
A. The City hereby agrees to furnish at its expense the electrical energy required for proper
operation of the lighting system, such electrical energy to be provided at points on the
illumination system as designated by the State. The City further agrees to maintain and
operate the lighting 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.
B. 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 written notification 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 the acceptance by the State. If the lighting system is constructed by
sections, this provision 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 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.
Article 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 be
automatically renewed for two-year periods unless modified by mutual agreement by both
parties
B. The State will not incur any financial obligation to the City as a result of the Agreement.
C. This Agreement may be terminated sixty (60) days after the filing of a written notice 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
manner, the State reserves the right to either arrange for maintenance at the expense of
the City 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, rules
and regulations, and the orders and decrees of any court, or administrative bodies or
tribunals in any matter affecting the performance of this Agreement.
G. Changes in time frame, character, cost, or obligations authorized t.abi; i'sixll 'di.'iaci ad
b written amendment. An amendment to this Agreement must le � ti r5ujBIC- - th
Y Y g ��_�� �.5�,�1 ��11��
parties within the contract period.
Traffic—Traffic—TEA22 Page 2 of 3 Revised O5t16/2006
CONTINUOUS LIGHTING SC(100) — CMO(100)(SL)
Agreement No. 2,X r-tonzU
H. This 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 consent of the State.
I. 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 provision thereof and this 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 location
described herein of the parties hereto and supersedes any prior understandings or written
or oral agreement between the parties respecting within subject matter.
K. The state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, under the direction of
the legislative audit committee, to conduct an audit or investigation in connection with
those funds. An entity that is the subject of an audit or investigation must provide the
state auditor with access to any information the state auditor considers relevant to the
investigation or audit.
Article 4. INDEMNIFICATION
The City acknowledges that it is not an agent, servant, or employee of the State and, thus, is
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.
IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, the City of Fort
Worth on the 4 4t day of —Ma , 20 ag , and the Texas Department of
Transportation on the day o .� _ �Q_, -
APP FOitb GALITY:
THE CITY OF FORT WORTH �
Executed on behalf of the City by: - try_ t ey
B Date
Typed or Printed Name and Title
G-4, 001v'6te
THE STATE OLD 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 pprov d and authorized by the Texas Transportation
Com
By �'� Date Los
FoZiD/�stWdt Engineer
r n n o l
�,��c�l �v r.G
Traffic—Traffic_TEA22 Page 3 of 3 Revised 09/18/2006
CONTINUOUS LIGHTING SC(100) — CMO(100)(SL)
vtoted By.
irtarty Hest u
C"Secret;*,.),
contract huthorizatiOR
LAI
V'J� vli, r ,0 d Jw
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Resolution
NO. 3612-04-2008 1
i
WHEREAS, in order to provide a more adequate facility to the traveling public, the
City has requested that the State provide continuous roadway lighting on certain state
roadways within the corporate limits of the City of Fort Worth;
WHEREAS, the Texas Department of Transportation (TxDOT), acting for and on
behalf of the Texas Transportation Commission, has agreed to construct continuous
roadway lighting on Business 287 (Rosedale Ave.) from S. Main St. to S. Riverside Dr. as
part of the roadway widening project; and
WHEREAS, TxDOT will submit plans for review of said continuous lighting
system for approval by the City of Fort Worth; and
WHEREAS, TxDOT requests that the City of Fort Worth assume the maintenance
and operating cost of said lighting system once completed;
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 the
continuous roadway lighting system along Business 287 (Rosedale Ave) from S. Main St.
to S. Riverside Dr.
Adopted this 8th day of Anril 2008.
ATTEST:
FROVED
CITY IL
By: LAPR 0 6 2008
Marty Hendrix, City Secretary
City Saffetary of tfte
City of Fort Vibith,Texas
Lill
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C11'ry or rester waftru,
Page lof2
Coy oi Vool W°ah
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h������ � ��� Council CommunicationUDUO�iyy v�/U (�lU UY�|
........... ___...........
COUNCIL ACTION: Approved on 4/8/2008 - Res. No. 0 3612-04-2008
DATE: TUe8d8V' April 08, 2008
LOG NAME: 20EROSEDALEUG REFERENCE NO.: **C-22745
SUBJECT:
Adopt a Resolution Authorizing Execution Of an 4nnGeOleOf with the Texas [lep8[fnleDt of
T[8DGDOrt@tiOO for Construction, Maintenance and (]Den@tiOO of the COOtiOUoUS Lighting System
Along Rosedale Avenue from South Main Street to South Riverside [][iVe
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing the execution of an
agreement with the Texas Department of Transportation /TnC)[)T\ for oonetruction, maintenance and
operation of the continuous lighting system along Rosedale Avenue from South Main Street to South
Riverside Drive.
DISCUSSION:
TxDOT has requested the City to enter into on agreement to operate and maintain the noodvvoy lighting on
Rosedale Avenue from South Main Street to South Riverside Drive. This section of Rosedale Avenue is
also known as Business 287.
Tx[}C}T will be installing roadway lighting along the median of Rosedale Ave. from S. Riverside [>r. to the
South Freeway /|M-35VV\ as part of the widening project currently under design. Roadway lighting was
installed in the median from South Freeway to South Main Street as part of the first Rosedale Avenue
widening project.
The agreement provides that TxOC}T will install the lighting as part of the roadway work and TxC)OT will
legally still retain ownership of the lighting, but that the City will operate and maintain the lighting. The City
will be responsible for the cost of e|ectrioity, as well as labor and material cost to maintain the roadway
lighting.
The agreement will remain in effect for two years and will be automatically renewed for successive two-year
periods unless modified by mutual consent.
This agreement will odd approximately 92 new street lights at an annual maintenance cost of $54.92 per
light to the operating budget for m total cost of $5,055.40 per year. The estimated annual electric power
cost is $18.000.
This affects COUNCIL DISTRICTS 8 & 8.
FISCAL .
Page 2 of 2
The Finance Director certifies that this action will have no material effect on City funds at this
time. Maintenance and operation expenses will be budgeted in future years operating budgets.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City manager's Office by: Fernando Costa (8476)
Originating Department Head: Greg Simmons (7862)
Additional Information Contact: Mark Mathis (7861)
http://apps.cfwnet.org/council_packet/Reports/mc_print.asp 6/17/2008