HomeMy WebLinkAboutContract 44687 (2)Agreement No.02-2XXF6027
STATE OF TEXAS §
COUNTY OF TRAVIS § CITY SECRETARY
comer No.
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING
SYSTEMS WITHIN A MUNICIPALITY
IH 20/820
From Hemphill to Bryant Irvi.
THIS AGREEMENT, dated this 2.4day of T�,. �� , 20 , 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 10 ' day of , 20
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 IH 20/820 within the limits from Hemphill to Bryant Irvin 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
r`l 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
h, 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 containing
rn the following notation.
"Attachment No. to special AGREEMENT FOR CONSTRUCTION
J1=FICIAL RECORD
Traffic—Traffic_TEA22 Page 1 of 3 Revised 0W0>N:ECRETARV
FT, WORTH, TX
16,LEIVED AUG 12 2016
Agreement No.02-2XXF6027
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 herein shall be enacted
by written amendment. Any amendment to this Agreement must be executed by both
parties within the contract period.
Traffic—Traffic_TEA22 Page 2 of 3 Revised 05/02/2008
CONTINUOUS LIGHTING SC(100) — CMO(100)(SL)
Agreement No.02-2XXF6027
CITY ATTORNEY
THE STATE OF TEXASMary lys
T. Ka'ytY
Executed for the Executive Director and approved for the Texas Transportation Commission
for the purpose and effect of activati and/or carrying out the orders, established policies or
work prograrp heretofor ��,pro - • - nd authorized by the Texas Transportation
Conn
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.
IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, the City of
Svc--- VI\cfr , on the -arr4` day of Fe uc..rU , 20
and the Texas Department of Transportation on the Z9 ' - day of -5Z,Ay
20 (3 .
APPROVED AS TO FORM AND LEGALITY:
L,w¢c c-zs6y
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THE CITY OF FORT WORTH
Executed on behalf of the City by:
By Date Z hT/S
Typed or Printed Name and Title Fernando Costa A by:
Assistant City Manaaer
ByDisf�i t ,g // V Date 7 - 21- /3
inever
Texas Department of Transportation
Traffic-Traffic_TEA22 Page 3 of 3
CONTINUOUS LIGHTING SC(100) - CMO(100)(SL)
Revised 05/02/2008
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTIONV Approved;:on T110!28la; esolu.tion. No. 40984T4012=
DATE: Tuesday, July 10, 2012 REFERENCE NO.: **C-25694
LOG NAME: 20TSJH 20/820 FROM HEMPHiLL TO BRYANT IRVIN
SUBJECT:
Adopt Resolution Authorizing Execution of an Agreement with the Texas Department of Transportation for
Construction, Maintenance and Operation of a Continuous Lighting System Along IH 20/820 from Hemphill
Street to Bryant Irvin Road (COUNCIL DISTRICTS 3, 6 and 9)
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 a
continuous lighting system along IH 20/820 from Hemphill Street to Bryant Irvin Road.
DISCUSSION:
Under the terms of the Agreement, the Texas Department of Transportation (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 material 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 $10,000.00 in maintenance cost
beginning in Fiscal Year 2013.
This project is in COUNCIL DISTRICTS 3, 6 and 9.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds in Fiscal Year 2012 and funds will be included in the City Manager's Proposed Fiscal Year 2012-
2013 Budget in the General Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for Citv Manaaer's Office bv:
Oriainatlna Department Head:
Additional Information Contact:
Fernando Costa (6122)
Douglas W. Wlersig (7801)
Alonzo Linan (7861)
Logname: 20TS JH 20/820 FROM HEMPHILL TO BRYANT IRVIN Page 1 of 1
A Resolution
NO. 4098-07-2012
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF
CONTINUOUS LIGHTING SYSTEM ALONG IH 20/820 FROM HEMPHILL STREET TO
BRYANT IRVIN ROAD
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; and
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 IH 20/820
from Hemphill Street to Bryant Irvin Road; 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 a continuous roadway
lighting system along IH 20/820 from Hemphill Street to Bryant Irvin Road.
Adopted this Toth day of July, 2012.
ATTEST:
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By: � 1�
Mary J. Kayser; Cit Secretary
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FORT WORTH
STATE OF TEXAS §
COUNTIES OF TARRANT, DENTON, JOHNSON, PARKER AND WISE §
I, MARY J. KAYSER, 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. 4098-07-2012, duly
presented and adopted by the City Council of the City of Fort Worth, Texas, at a regular session
held on the 10th day of July, 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 18th day
of July, 2013.
Mary J. KSecretary
City of Fort Worth, Texas
City Secretary's Office
City of Fort Worth * 1000 Throckrnorton Street * Fort Worth, Texas 76102
(817) 392-6150*FAX (817) 392-6196
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STATE OF TEXAS
§
COUNTY OF TRAVIS §
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF CONTINUOUS LIGHTING
SYSTEMS
AMENDMENT # 1
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the State, and the City of Fort Worth, acting by and through its
duly authorized officials, called the City.
WITNESSETH
WHEREAS, the State and the City executed an agreement on November 9 of 1987 for Construction,
Maintenance and Operation of Continuous Highway Illumination System Within Municipality, located
on Interstate Highway 20 from State Highway 183 to Hemphill Street in the City of Fort Worth; and,
WHEREAS, the limits of the original agreement need to be expanded on IH 20/820 from Hulen to
Bryant Irvin in the City of Fort Worth; and
WHEREAS, it has become necessary to amend that contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, the State and the City do agree as follows:
AGREEMENT
1. Description of Amended Items
The original Agreement, executed November 9, 1987 is terminated in its entirety.
2. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
RECEIVED AUG 12 2013
Page 1 of 2
THIS AGREEMENT IS EXECUTED by the State and the City in duplicate.
Attested by:
�� 4��o L�►�i�ay, iSe tart'
CITY
Signature
Fernando Costa
Typed or Printed Name
Assistant City Manager
Title
7A3
Dated
District Engineer
Texas Department of Transportation
r7 —Z `{- (3
Date
APPROVED AS TO FORM AND LEGALITY:
(:i l`Y ATTORN
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