HomeMy WebLinkAboutContract 43467 (2)Agreement No.02-2XXF6029
CSJ: 0081-0l -040
STATE OF TEXAS § CITY SECRETARY q� G
COUNTY OF TRAVIS § CONTRACT NO.
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING
SYSTEMS WITHIN A MUNICIPALITY
Spur 347
From: EB (Weatherford Street) @ O-K-T BR & UP
THIS AGREEMENT, dated this day of , 20 lob-- , by
and between the State of Texas, hereinafter referr d to Wthe "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 through its duly authorized officers under a
ordinance or resolution passed the day of , 20Z
hereinafter called the "City," party of the second part, is 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 Spur 347 within the limits from EB (Weatherford Street) @ O-K-T
BR & UP 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
z Article 1. CONSTRUCTION RESPONSIBILITIES
� A. The State will prepare or provide for the plans and specifications, advertise for bids, let
N the construction contract, or otherwise provide for the construction, and will supervise
o construction, reconstruction or betterment work as required by said plans and
specifications. As this lighting system project is developed to construction stage, either as
N a unit or in increments, the State will submit plans and specifications of the proposed work
coto the City and will secure the City's consent to construct the lighting system prior to
o awarding the contract; said City consent being signified by the signatures of duly
l_� authorized City officers in the spaces provided on the title sheet of the plans containing
o the following notation.
Traffic—Traffic_TEA22 Page 1 of 3 Revised OS/02/2008
CONTINUOUS LIGHTING. SC(100) — CMO(10,0)(SL)
Agreement No.02-2XXF6029
CSJ: 0081-01-040
"Attachment No. to special AGREEMENT FOR CONSTRUCTION,
MAINTENANCE, AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS
WITHIN A MUNICIPALITY (FREEWAYS OR EXPRESSWAYS) (Specific Limits) dated
The C€ty-State construction, maintenance, and operation responsties 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.
Be 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 farce fora 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.
Traffic—Traffic_TEA22 Page 2 of 3 Revised 05/02/2008
CONTINUOUS UGNTING SC(100) — CMO(100}(SL)
Agreement No.02-2XXF6029
CSJ: 0081-01-040
G. 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.
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.
L. At the request of the State, the Local Government shall submit any information required
by the State in the format directed by the State.
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. _*lea
1N WITNESS VVOF, the parties
Worth on the d�a o'f/or I
Transportation on the day of
THE CITY OF FORT WORTH
Executed on behalf of the City by:
- pvvv°
have thereunto affixed their signatures, the City oop,T
20 /� ,and the Texas Depa e o °o��t�
20 /p2/ 7ko °o�
,,.a,�,� L,.� o
{�
• d 2 A 4r p
Date S/8�
APPROVED
Typed or Printed Name and Title Fernando Costa
Assistant City Manager
CITY A'
ris, a���A� VA{.r 17QV1GLq l/
AS TO FORM AND LEGALITI':
�z
''h'EcL�LSr�ti
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 programs heretofore approved and authorized by the Texas Transportation
Com 'ssion.
By Date '7%� d`3— 1Z
� ' Maribel P. Chavez, P.E., District Engineer
Traffic—Traffic_TEA22 Page 3 of 3 Revised 05/02/2008
CONTINUOUS LIGHTING SC(100) — CMO(100)(SL)
STATE OF TEXAS
COUNTIES OF TARRANT, DENTON AND WISE §
I, NICOLE M. SEIDEL, Assistant to the City Secretary of the City of Fort Worth, Texas do
hereby certify that the above and foregoing is a true and correct copy of Resolution No. 4081-04-
2012, duly presented and adopted by the City Council of the City of Fort Worth, Texas, at a regular
session held on the 17`h day of April, 2012, as same appears of record in the Office of the City
Secretary.
WITNESS MY HAND and the Official Seal of the City of Fort Worth, Texas, this the 7`h
day of May, 2012.
Nicole M. Seidel Assistant to the City Secretary
City of Fort Worth, Texas
F �Rr��a�
>�o�k-00
O;�d
F"0o A d
v�=d
0
0
00 CFI
0
o
0
o
City Secretary's Office
City of Fort Worth * 1000 Throckmorton Street * Fort Worth, Texas 76102
(817) 392-6150FA,%, (817) 392-6196
Resolution
NO.4081-04-2012
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF
CONTINUOUS LIGHTING SYSTEM ALONG STATE HIGHWAY SPUR 347
(WEATHERFORD ST.) BRIDGE OVER THE O-K-T BR & UP RAILROAD.
WHEREAS, in order to provide a more adequate facty 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 co , nstruct continuous
roadway lighting on State Highway Spur 347 (Weatherford St) Bridge over the O-K-T BR
& UP Railroad; and
WHEREAS, TxDOT will submit plans for review of said continuous lighting
system for approval by the City of Fort Worth; and
tiVHEREAS, 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 State Highway Spur 347 (Weatherford St)
Bridge over the O-K-T BR & UP Railroad.
Adopted this 17`�' day of April 2012.
ATTEST:
Mary
J. Kd'}cser, City Secretary
CITY Off' iDR';r' 3AtORTIt
City of Fort Worth, Texas
Mayor and Council Comm
unication
COUNCIL ACTION: Approved on 4/17/2012 = Resolution Nos. 4081-04=2012 & 4082-04-2012,
DATE: Tuesday, April 17, 2012 REFERENCE NO.: **C-25559
LOG NAME: 20TS_SH183 AND SPUR 347 STREET LIGHTS
SUBJECT:
Adopt Resolutions Authorizing Execution of Agreements with the Texas Department of Transportation for
Construction, Maintenance and Operation of Continuous Lighting System Along N.E. 28th Street (State
Highway 183) from Commerce Street to Nichols Street and Along the Weatherford Street Bridge (State
Highway Spur 347) Over the Union Pacific Railroad (COUNCIL DISTRICTS 2 and 4)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolutions authorizing the execution of
separate Agreements with the Texas Department of Transportation for construction, maintenance and
operation of continuous lighting system along N. E. 28th Street (State Highway 183) from Commerce
Street to Nichols Street and along the Weatherford Street bridge (State Highway Spur 347) over the Union
Pacific Railroad, with two annual renewals subject to appropriation by the City Council for each fiscal year
in which a renewal term occurs.
DISCUSSION:
Under the terms of the Agreements, TxDOT will provide the lighting infrastructure as part of the roadway
work and retain ownership of the lighting while the City will operate and maintain the lighting. The City will
be responsible for the annual cost of electricity, as well as labor and materials costs for upkeep of the
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 or funds are not appropriated for each renewal period.
This Agreement will impact the Department's annual budget by adding $9,400,00 in maintenance cost
beginning in Fiscal Year 2013.
This project is in COUNCIL DISTRICTS 2 and 4.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds in Fiscal Year 2012.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office bv•
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
Douglas W. Wiersig (7801)
George Behmanesh (7914)
Lot name: 20TS_SH 183 AND SPUR 347 STREE"I' LIGHTS Pate l of 1
LL
LL
� Z N
O
Q X O
zxqzzl-
FANO
75; 1 1
:::) N
J O O
1 1
F- I
000
U)ZO
� O
O l--
=:) Z -D
Z W U)
r-1 :�j U
�-- W
Z W
O rr
U C�
Q
LnI 001
0
& SF RY
�o y
G
Wo DS