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Home My WebLink AboutPR 20884: TEXAS DEPARTMENT OF TRANSPORTATION SAFETY LIGHTING SYSTEMS AGREEMENT __ ,... 4 City of or[ tt hu Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: June 10, 2019 To: The Honorable Mayor and City Council Through: Rebecca Underhill, Interim City Manager From: Alberto Elefano, PE—Director of Public Works RE: PR 20884—Texas Department of Transportation Safety Lighting Systems Agreement Introduction: The intent of this Agenda Item is to seek City Council's approval for the City Manager to enter into an agreement with the Texas Department of Transportation(TxDOT) to install, maintain and operate safety lighting systems within the City of Port Arthur, Texas. Background: The State of Texas' Department of Transportation wishes to have in place a blanket agreement authorizing the installation, maintenance, operation, construction, and use of certain safety lighting systems within the boundaries of the City of Port Arthur. Budget Impact: There is no budget impact associated with this agreement. Recommendation: It is recommended that the City of Port Arthur City Council approve PR 20884 authorizing the City Manager to enter into an agreement with the Texas Department of Transportation(TxDOT)to install, maintain and operate safety lighting systems within the City of Port Arthur, Texas. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 * Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR No. 20884 06/26/2019 mje Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION, MAINTENANCE AND OPERATIONS OF SAFETY LIGHTING SYSTEMS WITHIN THE CITY OF PORT ARTHUR, TEXAS. WHEREAS, the Texas State Department of Transportation (TxDOT) installs, maintains and operates safety lighting projects on State highways within the City of Port Arthur; and, WHEREAS, TxDOT wishes to have in place a blanket agreement authorizing the installation, maintenance and operation of safety lighting projects; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Council hereby authorizes the City Manager to enter into an agreement between TxDOT and the City of Port Arthur, for the blanket coverage of various projects covering the installation, construction, existence, use, operation, and maintenance of certain safety lighting systems in the City of Port Arthur, in substantially the same form as attached hereto as Exhibit "A"; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2019 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: PR No. 20884 06;26-'2019 mje Page 2 of 3 Councilmembers: Noes: Derrick Ford Freeman Mayor Attest: Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: Valecia Tize • Rebecca Underhill City Attorney Interim City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: 3D. Kandy Daniel Director of Finance PR No. 20884 06/26/2019 mje Page 3 of 3 Alberto Elefano, P.E. Director of Public Works &iil/AtA Clifton Williams, CPPB Purchasing Manager EXHIBIT A Agreement No. STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN MUNICIPALITIES (State Maintains and Contracts for Power) (Blanket Agreement) THIS AGREEMENT, dated this day of , 2019_, 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 Port Arthur , Jefferson County, Texas, acting by and through its duly authorized officers under a resolution or ordinance passed the day of , 2019_, hereinafter called the "City," party of the second part. WITNESSETH WHEREAS, in order to provide a more adequate facility to the traveling public, the construction, maintenance, and operation of certain safety lighting systems is required within the corporate limits of the City. Within the City, said safety lighting system, hereinafter referred to as the "lighting system," is to consist of safety 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, maintain, and operate said lighting systems, subject to the conditions and provisions stated herein, as provided for in Section 25.11, Texas Administrative Code and Section 221, Transportation Code. 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 AND MAINTENANCE 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 SAFETY LIGHTING SYSTEMS WITHIN MUNICIPALITIES, dated . The City-State construction, maintenance, and operation responsibilities shall be as heretofore Traffic-Traffic_TEA19 Page 1 of 2 Revised 08/27/2013 SAFETY LIGHTING BLANKET (SM,CP) Agreement No. agreed to, accepted, and specified in the Agreement to which these plans are made a part." b. All costs of construction, maintenance, and operation of the lighting system will be borne by the State, and the lighting system will remain the property of the state. Article 2. GENERAL a. The State's obligation for operation and maintenance of the lighting system shall cease should the route on which it is located be dropped from the State Highway System. b. This Agreement will cease to apply to sections of the lighting system in the event that those sections are removed or become a part of a continuous illumination system. c. This agreement shall remain in force for a period of two years from the date that it is signed by the State, and it is understood by both parties that at the end of the initial two- year period, the Agreement will be automatically renewed for two-year periods thereafter unless modified by mutual agreement of both parties. In the event that the lighting system installed in accordance with this Agreement becomes unnecessary or is removed for any reason, this agreement will terminate. d. 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. e. 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. IN WITNESS WHEREOF, the parties have thereunto affixed their signature, the City of on the day of , 2019_, and the Texas Department of Transportation on the day of , 2019_. THE CITY OF Executed on behalf of the City by: By Date Typed or Printed Name and Title 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. By Date District Engineer Traffic-Traffic_TEA19 Page 2 of 2 Revised 08/27/2013 SAFETY LIGHTING BLANKET (SM,CP)