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HomeMy WebLinkAboutResolution - 1959 - Agreement - TDHPT - Continous Highway Illumination System - 02/28/1985DGV:js RESOLUTION Resolution #1959 Agenda Item #35 February 28, 1985 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for construction, maintenance and operation of continuous highway illumina- tion system within municipality by and between the City of Lubbock and the State of Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of February 1985. ALAN ENRY, AOR ATTEST: qRanet Boyd, City Secretary APPROVED AS TO CONTENT: c Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: 7 Donald G. Vandiver, Assistant City j Attorney e DGV:js RESOLUTION Resolution #1959 Agenda Item #35 February 28, 1985 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for construction, maintenance and operation of continuous highway illumina- tion system within municipality by and between the City of Lubbock and the State of Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of February 1985. ALAN ENRY, AOR ATTEST: qRanet Boyd, City Secretary APPROVED AS TO CONTENT: c Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: 7 Donald G. Vandiver, Assistant City j Attorney .K �J r COMMISSION STATE DEPARTMENT OF HIGHWAYS ROBERT C. LANIER, CHAIRMAN AND PUBLIC TRANSPORTATION ROBERT H. DEDMAN JOHN R. BUTLER, JR. Box 771 Lubbock, Texas 79408-0771 February 7, 1985 Mr. Larry J. Cunningham Lubbock City Manager P. 0. Box 2000 Lubbock, Texas 79457 Dear Sir: ENGINEER -DIRECTOR MARK G. GOODE IN REPLY REFER TO FILE NO. Attached please find copies of "Agreement for Construction, Maintenance and Operation of Continuous Highway Illumination System Within Municipality". We need to have four (4) copies executed for the IH 27 Route through Lubbock. As you will note, this contract covers all Continuous Lighting on each set of Plans that has the lighting included. It will carry the statement, listed on the Title Sheet, where the Mayor signs the approval. If there are any questions, please let us know. Yours truly, William M. Pope District Engineer District Five (5) VGC/ep Attach cc: V. G. Chetty AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION SYSTEM WITHIN MUNICIPALITY (100% Blanket) STATE OF TEXAS § COUNTY OF TRAVIS § THIS AGREEMENT dated this 28th day of February , 19 85 , by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of Lubbock , Lubbock County, Texas, acting by and through its duly authorized officers under an ordinance or resolution passed the 28th day of February 1985 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 highway illumination system on freeways and expressways as defined in Highway Commission Minute Order 82420. Within the City, said illumination system hereinafter referred to as the "illumination system" is to consist of continuous lighting to be built in sec- tions as financed and designated by the State Highway and Public Transportation Commission; and WHEREAS, the Engineer -Director acting for and in behalf of the State Highway and Public Transportation Commission, has made it known to the City that the State will construct said highway illumination system, conditioned that the City, as provided in Highway Commission Minute Order No. 82420 will maintain and operate said illumination system. Form 1074 11-84 1-5 owl ' AGREEMENT NOW THEREFORE, in consideration of the premises and of the mutual cove- nants and agreements of the parties 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 a 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 to be signified by the signatures of duly authorized City officers in the spaces provided on the title sheet of plans containing the following notation: "Attachment No. to special AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION SYSTEM WITHIN MUNICIPALITY, dated The City -State construction, maintenance and operation responsibilities shall be as heretofore agreed to, accepted, and specified in the Agreement to which these plans are made a part." b. All costs of constructing the illumination system will be borne by the State, and the illumination system will remain the property of the State. 2-5 Form 1074 11-84 2. MAINTENANCE AND OPERATION RESPONSIBILITIES a. The City hereby agrees to furnish at its expense the. electrical energy required for proper operation of the illumination 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 illumination system in an efficient and sightly condition, including the furnishing of all equip- ment and labor and making any replacements which may become necessary, without cost to the State. b. The City will assume maintenance and operation on a date to correspond with the date construction of the illumination system is completed and accepted by the State. The City hereby agrees to furnish at its expense the electrical energy consumed by the system during the period of trial operation prior to accep- tance by the State. If the illumination system is constructed by sections, this provision shall apply to each such separately constructed section. c. The City will obtain written approval of the Engineer -Director before making any changes in the design and/or operation of the illumination 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 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. 3-5 Form 1074 11-84 id 2. MAINTENANCE AND OPERATION RESPONSIBILITIES a. The City hereby agrees to furnish at its expense the. electrical energy required for proper operation of the illumination 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 illumination system in an efficient and sightly condition, including the furnishing of all equip- ment and labor and making any replacements which may become necessary, without cost to the State. b. The City will assume maintenance and operation on a date to correspond with the date construction of the illumination system is completed and accepted by the State. The City hereby agrees to furnish at its expense the electrical energy consumed by the system during the period of trial operation prior to accep- tance by the State. If the illumination system is constructed by sections, this provision shall apply to each such separately constructed section. c. The City will obtain written approval of the Engineer -Director before making any changes in the design and/or operation of the illumination 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 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. 3-5 Form 1074 11-84 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 reser- ves the right to remove the illumination system upon cancellation of the Agreement. d. If, at any time, the City does not maintain and operate the illumina- tion 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 illumina- tion system. Should the illumination system be removed due to lack of main- tenance, the City hereby agrees to reimburse the State for the cost of removal. 4. INDEMNIFICATION To the extent permitted by Law, the City shall indemnify and save harmless the State, its agents or employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any per- son or property in consequence of any neglect in the performance, or failure of performance of the City, its agents and employees under this Agreement. Form 1074 11-84 4-5 IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, the City of Lubbock on the 28th day of February ,19 $5 and the State Department of Highways and Public Transportation on the day of , 19 ATTEST: CITY OF Lubbock BY MAYOR 1 y e e ary Title of Signing Official THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: APPROVED: By: Engine r -Director Date: 411VF5- Form 1074 11-84 5-5