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HomeMy WebLinkAboutContract 57686 DocuSign Envelope ID:3C6AF7F7-CEB5-492C-B170-79D26EBE69A1 CSJ: CPN103322 Agreement No. SL-FTW-SH180-052422 STATE OF TEXAS § CSC No.57686 COUNTY OF TRAVIS § AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN A MUNICIPALITY SH 180 From: Pine Street To: Riverside Drive THIS AGREEMENT, dated this 24th day of May , 2022 , 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 through its duly authorized officers under a ordinance or resolution passed the 10th day of May , 2022 , 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 permission from the State to construct, maintain, and operate a safety lighting system on the highway designated as SH 180 within the limits from Pine Street to Riverside Drive inside the City. Within the City, said lighting system hereinafter referred to as the "lighting system" is to consist of safety lighting to be built and financed by City; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made it known to the City that the City will construct said highway lighting system, conditioned that the City 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 City 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 City will submit plans and specifications of the proposed work to the State and will secure the State's consent to construct the lighting system prior to awarding the contract; said State consent being signified by the signatures of duly authorized State officers in the spaces provided on the title sheet of the plans containing the following notation. "Attachment No. #1 to special AGREEMENT FOR CONSTRUCTION, OFFICIAL RECORD 15i Page 1 of CITY SECRETARY Revised 05/24/2022 Safety Lighting Agreement FT. WORTH, TX DocuSign Envelope ID:3C6AF7F7-CEB5-492C-B170-79D26EBE69A1 CSJ: CPN103322 Agreement No. SL-FTW-SH180-052422 MAINTENANCE, AND OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN A MUNICIPALITY (Specific Limits) dated 101h of May 2022 The construction, maintenance, and operation responsibilities for the lighting system 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 and maintaining the lighting system will be borne by the City, and the lighting system will remain the property of the City. 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 in the plans. 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 (those due to theft also), 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 started. The City hereby agrees to furnish at its expense the electrical energy consumed by the system during the period of trial operation prior to construction completion. 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 City 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 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 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. 15i Page 2 of 3 Revised 05/24/2022 Safety Lighting Agreement DocuSign Envelope ID:3C6AF7F7-CEB5-492C-B170-79D26EBE69A1 CSJ: CPN103322 Agreement No. SL-FTW-SH180-052422 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 safety 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. At the request of the State, the City shall submit any information required by the State in the format directed by the State pertaining to the lighting system. 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. Each party is signing this agreement on the date stated below that party's signature. THE CITY OF FORT WORTH Executed on behalf of the City by: DocuSigned by: 6/8/2022 By Date AC27A95F116A4A1... dana Typed or Printed Name and Title Assistant City Manager 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 Commission. DocuSigned by: By Cdti C 4"" -O-Da e 6/14/2022 Fo I&t f061Dfstrict Engineer OFFICIAL RECORD CITY SECRETARY DS FT. WORTH, TX '? Page 3 of 3 Revised 05/24/2022 Safety Lighting Agreement DocuSign Envelope ID:3C6AF7F7-CEB5-492C-B170-79D26EBE69A1 AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN A MUNICIPALITY SH 180 FROM: PINE STREET TO: RIVERSIDE DRIVE ADDITIONAL ROUTING SIGNATURES CITY OF FORT WORTH Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 'DocuSigned by: Iskal Shrestha / 11"L SL'LAA Name of Employee/Signature 5/24/2022 Title: Sr. Professional Engineer 5BC2A1B2DFD94D7... Email: iskal.shrestha@fortworthtexas.gov APPROVAL RECOMMENDED: DocuSigned by: 5tu, 6/6/2022 BY: m CAL, ,66'��t,Sbv' William .Johnson;Director Transportation and Public Work Email:William.Johnson@fortworthtexas.gov CONTRACT AUTHORIZATION M&C: 22-0345 Date Approved: 05/10/2022 Form 1295: N/A APPROVED AS TO FORM AND LEGALITY: BY: 5DocuSigned by: 6/7/2022 6M�, s N HA Douglas fac�<z2464364a4... Senior Assistant City Attorney Email: douglas.black@fortworthtexas.gov ��*000 FORr ��� 00 d O p~° ° mid ATTEST AS TO CITY MANAGER SIGNATURE: P vao.T ° DocuSigned by: °6/14/2022 'f ^ 1i ° ICY BY: Jet 1 S. �bb�a� ��� 000 ASaaICY E2E 7 52648E... nn��.db Jannette S. G6o08a� OFFICIAL RECORD City Secretary CITY SECRETARY E Email:Jannette.Goodall@fortworthtexas.gov FT. WORTH, TX ATTACHMENT#1 DocuSign Envelope ID:3C6AF7F7-CEB5-492C-B170-79D26EBE69A1 A Resolution NO. 5565-05-2022 A RESOLUTION AUTHORIZING AN AGREEMENT FOR CONSTRUCTION, MAINTENANCE, AND OPERATION OF THE SAFETY LIGHTING SYSTEM ALONG STATE HIGHWAY (SH) 180 (E. LANCASTER AVENUE) FROM PINE STREET TO RIVERSIDE DRIVE. WHEREAS, the City has requested permission from the State to construct, maintain, and operate a safety lighting system on the highway designated as SH 180 within limits from Pine Street to Riverside Drive inside the City. Within the City, said lighting system hereinafter referred to as the "lighting system" is to consist of safety lighting to be built and financed by City; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made it known to the City that the City will construct said highway lighting system, conditioned that the City will maintain and operate said lighting system. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, THAT: The City Manager is authorized to execute an Agreement for Construction, Maintenance, and Operation of the Safety Lighting System along State Highway (SH) 180 (East Lancaster Avenue) from Pine Street to Riverside Drive. Adopted this 1 Oth day of May 2022. ATTEST of �ORr - dd .�. . J iette S.Goodall(May 11,2022 16 CDT) ' Jannette Goodall U City Secretary ItXAS �iD ATTACHMENT#1 DocuSign Envelope ID:3C6AF7F7-CEB5-492C-B170-79D26EBE69A1 MAYOR AND COUNCIL COMMUNICATION MAP Agreement for Construction, Maintenance, and Operation of Safety Lighting System along State Highway (SH) 180 from Pine Street to Riverside Drive. Project Number 103322 0 a 4P �s e * ;�rW i � o Project Location bp �. Y • T ," 287 ! M r + i I 3 DD rl �i I Copyright 2014 City of Fort Worth.Unauthorized reproduction is a violation of applicable laws.This product is for informational purposes and may not have been prepared for or be suitable for legal,engineering,or surveying purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.The City of Fort Worth assumes no responsibility for the accuracy of said data. ATTACHMENT#1 DocuSign Envelope ID:3C6AF7F7-CEB5-492C-B170-79D26EBE69A1 City of Fort Worth, Texas Mayor and Council Communication DATE: 05/10/22 M&C FILE NUMBER: M&C 22-0345 LOG NAME: 2022 AGREEMNT FOR THE CONSTRUCTN,MAINTENANCE,&OPERATN SUBJECT (CD 8)Adopt Attached Resolution Authorizing Execution of an Agreement for Construction,Maintenance,and Operation of Safety Lighting System along State Highway 180(East Lancaster Avenue)from Pine Street to Riverside Drive with the Texas Department of Transportation RECOMMENDATION: It is recommended that the City Council adopt the attached resolution authorizing the execution of an agreement for construction,maintenance, and operation of the Safety Lighting System along State Highway 180(East Lancaster Avenue)from Pine Street to Riverside Drive with the Texas Department of Transportation. DISCUSSION: The Transportation and Public Works(TPW)department has a project in the final design phase to replace the existing street lights on State Highway 180(East Lancaster Avenue)from Pine Street to Riverside Drive(City Project No.103322). The project scope requires a Roadway Illumination Permit approval from Texas Department of Transportation(TxDOT)because the improvements are within TxDOT Right-of-Way.TPW is coordinating with TxDOT for the Permit approval.After several correspondences between City of Fort Worth(City)and TxDOT,it was determined that the Street Light Maintenance and Operation agreement for the proposed project was not included in the existing Municipal Maintenance Agreements authorized via Mayor and Council Communication(M&C)C-22504 and M&C C-13938.On February 15,2022,TxDOT has asked that City to execute the agreement for construction,maintenance,and operation of Safety Lighting System along State Highway(East Lancaster Avenue)180 from Pine Street to Riverside Drive,as shown on the attached map. Staff agrees that the safety lighting system's construction,maintenance,and operation responsibilities are fair and equitable since the City currently maintains the existing street lights on the project corridor and would not impose additional maintenance costs on the City of Fort Worth. The project is located in COUNCIL DISTRICT 8. A Form 1295 is not required because:This contract will be with a govemmental entity,state agency or public institution of higher education: TXDOT FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that approval of this recommendation will have no material effect on City funds. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Monty Hall 8662 L ATTACHMENT#1 DocuSign Certificate Of Completion Envelope Id:3C6AF7F7CEB5492CB17079D26EBE69A1 Status:Completed Subject:Please DocuSign:SL-FTW-SH180-052422.pdf Source Envelope: Document Pages:7 Signatures:6 Envelope Originator: Certificate Pages:6 Initials:7 Federico Hernandez P.E. AutoNav:Enabled 125 E. 11th Street Envelopeld Stamping: Enabled Austin,TX 78701 Time Zone:(UTC-06:00)Central Time(US&Canada) Federico.Hernandez@txdot.gov IP Address:204.64.21.250 Record Tracking Status: Original Holder:Federico Hernandez P.E. Location: DocuSign 5/24/2022 9:45:08 AM Federico.Hernandez@txdot.gov Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:Texas Department of Transportation Location:DocuSign Signer Events Signature Timestamp Theresa Poer -�DpS Sent:5/24/2022 10:15:00 AM theresa.poer@txdot.gov I 1 Viewed:5/24/2022 11:41:52 AM Director of Transportation Operations Signed:5/24/2022 11:42:24 AM Texas Department of Transportation Security Level: Email,Account Authentication Signature Adoption:Pre selected Style (Optional) Signed by link sent to theresa.poer@txdot.gov Using IP Address: 174.242.221.129 Signed using mobile Electronic Record and Signature Disclosure: Accepted:5/21/2018 5:03:35 PM ID:f12265c2-b58d-477e-b033-ecde1c47c2e7 Iskal Shrestha EllocuSigned ny: Sent:5/24/2022 11:42:26 AM iskal.shrestha@fortworthtexas.gov LA s Vt,S1�6 Viewed:5/24/2022 11:49:40 AM Security Level: Email,Account Authentication 5Bc2A,B2DFD94D7... Signed:5/24/2022 11:50:48 AM (Optional) Signature Adoption:Pre-selected Style Signed by link sent to iskal.shrestha@fortworthtexas.gov Using IP Address:209.194.29.100 Electronic Record and Signature Disclosure: Accepted:10/14/2021 4:02:19 PM ID:b378d7b0-67c9-4326-855a-024e392eb61b William M.JohnsonI Sent:5/24/2022 11:50:50 AM William.Johnson@fortworthtexas.gov [11—Signed twa� by:At. ,6 I'Sbw Resent:6/6/2022 9:24:37 AM TPW Director DD6BA6456E6D401... Viewed:6/6/2022 9:46:56 AM City of Fort Worth Signed:6/6/2022 9:47:22 AM Security Level:Email,Account Authentication Signature Adoption:Pre selected Style (Optional) Signed by link sent to William.Johnson@fortworthtexas.gov Using IP Address:209.194.29.100 Electronic Record and Signature Disclosure: Accepted:11/12/2020 4:31:34 PM ID:5e794b5e-3b2f-4c9e-ad37-8c80acdfa681 Signer Events Signature Timestamp Douglas W Black by: Sent:6/6/2022 9:47:25 AM douglas.black@fortworthtexas.gov [DO-Sig-1 b+S w 6 A& Viewed:6/7/2022 10:18:45 PM Y Signed: Sr.Asst CityAtt A81E42246436444... 6/7/2022 10:20:23 PM Security Level: Email,Account Authentication (Optional) Signature Adoption: Pre-selected Style Signed by link sent to douglas.black@fortworthtexas.gov Using IPAddress:209.194.29.100 Electronic Record and Signature Disclosure: Accepted:6/7/2022 10:18:45 PM ID:65729692-7e7f-4fd5-b337-ebaaeada1869 dana D Sg dby: Sent:6/7/2022 10:20:26 PM Dana.Burghdoff@fortworthtexas.gov E Viewed:6/8/2022 10:20:31 PM Assistant City Manager Ac27A95F116MA1... Signed:6/8/2022 10:24:31 PM Security Level: Email,Account Authentication (Optional) Signature Adoption: Drawn on Device Signed by link sent to Dana.Burghdoff@fortworthtexas.gov Using I P Address:45.29.184.169 Signed using mobile Electronic Record and Signature Disclosure: Accepted:6/8/2022 10:20:31 PM ID:fe3e7551-2572-4ac9-9a31-248e34b08512 Jannette S. Goodall by: Sent:6/7/2022 10:20:26 PM Jannette.Goodall@fortworthtexas.gov ED—Sig"ed Alnlnt{}t S, �bb Viewed:6/14/20222:24:42 PM Securit Level: Email Account Authentication 6EMAMA52648E... Signed:6/14/2022 2:25:37 PM Y � 9 (Optional) Signature Adoption: Pre-selected Style Signed by link sent to Jannette.Goodall@fortworthtexas.gov Using IPAddress:209.194.29.100 Electronic Record and Signature Disclosure: Accepted:6/14/2022 2:24:42 PM ID:e8bc2c6d-8331-4285-a2a1-b5736eb1fbce Carl L.Johnson, PESent:6/14/2022 2:25:39 PM Carl.L.Johnson@txdot.gov ED—Signed by:"' -�'�"Os" �e Viewed:6/14/2022 6:47:44 PM District Engineer 2FE36139Fo614c3... Signed:6/14/2022 6:51:46 PM Texas Department of Transportation Signature Adoption: Pre-selected Style Security Level: Email,Account Authentication (Optional) Signed by link sent to Carl.L.Johnson@txdot.gov Using IPAddress:204.64.21.251 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Federico Hernandez Sent:6/14/2022 6:51:48 PM federico.hernandez@txdot.gov ED Transportation Engineer(Team Leader) Texas Department of Transportation Security Level: Email,Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Joaquin Artigas � Sent:6/14/2022 6:51:49 PM joaquin.artigas@txdot.gov ED Transportation Engineer TxDOT Security Level: Email,Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign John Forbes Sent:6/14/2022 6:51:50 PM john.forbes@txdot.gov ED Traffic Systems Administrator Texas Department of Transportation Security Level: Email,Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Chris Ford Sent:6/14/2022 6:51:52 PM chris.ford@txdot.gov ED Texas Department of Transportation Security Level: Email,Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/24/2022 10:15:01 AM Certified Delivered Security Checked 6/14/2022 6:47:44 PM Signing Complete Security Checked 6/14/2022 6:51:46 PM Completed Security Checked 6/14/2022 6:51:52 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 1/9/2015 7:21:34 AM Parties agreed to:Theresa Poer, Iskal Shrestha,William M.Johnson, Douglas W Black,dana,Jannette S. 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