Loading...
HomeMy WebLinkAboutContract 28188 COWRACT IT'Y SECRETARY AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS WITHIN A MUNICIPALITY (FREEWAYS OR EXPRESSWAYS) (Specific Limits) STATE OF TEXAS )( COUNTY OF TRAVIS )( THIS AGREEMENT, dated this day of_ w� y , 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 an ordinance or resolution passed the 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-820 within the limits from IH-35 W to the city limits of Haltom City inside the City which is in accordance with Section 25.11, Texas Administrative Code. 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 CONTINUOUS LIGHTING 1 of 6 SC(100) - CMO(100)(SL) w system, conditioned that the City, as provided in Section 25.11, Texas Administrative Code and Article 6673b, Vernon's Civil Statutes, will maintain and operate said lighting system. AGREEMENT NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the pat-ties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 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 containing the following notation: "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 City-State construction, maintenance, and operation responsibilities shall be as heretofore agreed to, accepted, and specified in the Agreement CONTINUOUS LIGHTING 2 of 6 ........... 7 ........... SC000) - CMO(100)(SL) 'Ih2 PPS 1,i�i k7g�"y 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. 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 all efficient and sightly condition, including the furnishing of all equipment and labor and making any replacements which may becorne 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 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. 3. GENERAL A. This Agreement shall remain in force for a period of two years from the date that GRIOW __1­111.111�_"_.......... CONTINUOUS LIGHTING 3 of 6 J6 SC(100) - CMO(100)(SL) maintenance and operation responsibilities are first assumed by the City and shall be automatically renewed for two-year periods unless modified by Mutual agreement of both parties. B. The State will not incur any financial obligation to the City as a result of this 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. CONTINUOUS LIGHTING 4 of 6 SC(I 00) - CMO(I 00)(SL) T 1 97 Sr Is 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 the within subject matter. 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. CONTINUOUS LIGHTING 5 of 6 1-97 SC(I 00) - CMO(I 00)(SL) IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, the City of on the day of 20 and the Texas Department of Transportation on the day of 320 ATTET'. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation CITY OF Commission Linder the Authority of Minute Order 100002 and Stand Alone Manual By: 6 are, )q Notice 96-6, for the purpose and effect of activating and/or carrying out the orders, ks-s;sl�,J- 0 ,T-4 r established policies or work programs by (Title of Signing Officiah the Texas Transportation Commission. IT A000- APPROVED: (Date) District trigineer District Date: 16 Z— ATTESTED BY Contract Authorizati,on 13 a t e CONTINUOUS LIGHTING 6 of 6 7 SC(I 00) - CMO(I 00)(SL) j' CITY SECRETARY CONTRACT W). AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS WITHIN A MUNICIPALITY (FREEWAYS OR EXPRESSWAYS) (Specific Limits) STATE OF TEXAS COUNTY OF TRAVIS X THIS AGREEMENT, dated this_day of 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 an ordinance or resolution passed the day of_ 5 20_, hereinafter called the "City", party of the second part, is made to become effective when fully executed by both parties. W I T N E S S ETH 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-820 within the limits from M-35W to the city limits of Haltom City inside the City which is in accordance with Section 25.11, Texas Administrative Code. 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 CONTINUOUS LIGHTING I of 6 1-97 SC(l 00) - CMO(1 00)(SL) system, conditioned that the City, as provided in Section 25.11, Texas Administrative Code and Article 6673b, Vernon's Civil Statutes, will maintain and operate said lighting system. AGREEMENT NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the pat-ties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 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 containing the following notation: "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 City-State construction, maintenance, and operation responsibilities shall be as heretofore agreed to, accepted, and specified in the Agreement CONTINUOUS LIGHTING 2 of 6 1-97 SC(100) - CMO(100)(SL) to which these plans are rnade 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. 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 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. 3. GENERAL A. This Agreement shall remain in force for a period of two years from the date that CONTINUOUS LIGHTING 3 of 6 1-97 SC(I00) - CMO(l 00)(S L) maintenance and operation responsibilities are first assumed by the City and shall be automatically renewed for two-year periods unless modified by mutual agreement of both parties. B. The State will not incur any financial obligation to the City as a result of this 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 tight 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 tight 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. CONTINUOUS LIGHTING 4 of 6 1-97 SC(I 00) - CMO(I 00)(SL) 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 the within subject matter. 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. CONTINUOUS LIGHTING 5 of 6 1-97 SC(100) - CMO(100)(SL) IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, the City of on the day of , 20 , and the Texas Department of Transportation on the day of ATI 'ST: �' �� �� THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation CITY OF ,'Ty F.7- 6&,,TTh Commission under the Authority of Minute Order 100002 and Stand Alone Manual By: /'I are, Notice 96-6, for the purpose and effect of activating and/or carrying out the orders, established policies or work programs by (Title of Sigiling Officialy the Texas Transportation Commission. G�Ti Jer zz APPROVED: (bate) By: District Engineer District t r Date: ,w ATTESTED BY a ` 1 �ontraot .authorization CONTINUOUS LIGHTING 6 of 6 1.97 SC(I00) - CMO(l00)(SL) City of.Fort Worth, Texas Mayor aril Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/8/02 **C_1 9277 20LIGHTING 1 of 2 SUBJECT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING ON IH820 FROM IH35W TO BEACH STREET WITHIN THE CITY OF FORT WORTH RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement with the Texas Department of Transportation for construction, maintenance and operation of continuous highway lighting on IH820 from IH35W to Beach Street within the City of Fort Worth (CSJ:0008-14-059). DISCUSSION: The Texas Department of Transportation (TXDOT) has requested that the City of Fort Worth enter into an agreement for the construction, installation, maintenance and operation of continuous highway lighting on IH820 from IH35W to Beach Street within the City of Fort Worth. Under this agreement, the state will provide the engineering design and construction of the lighting system either as a unit or in increments. The state will submit design plans and specifications to the City and secure appropriate approval of plans by the City. All costs of constructing the lighting system will be borne by the state and the lighting system will remain the property of the state. The City will furnish the electrical energy required for the lighting system and will 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, upon completion and acceptance of the lighting system by the state. The City will also furnish, at its expense, the electrical energy necessary during the period of trial operation. The 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 of both parties. This project is located in COUNCIL DISTRICT 4. City of Fort Worth, Texas. Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/8/02 **C-19277 20LIGHTING 2 of 2 SUBJECT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING ON IH820 FROM IH35W TO BEACH STREET WITHIN THE CITY OF FORT WORTH FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds at this time. Maintenance and utilization expenses will be budgeted in future years operating budget. MO:n Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Marc Ott 8476 Originating Department Head: Robert Goode 7804 (from) APPROVED 10/08/02 Additional Information Contact: George Behmanesh 7914