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R-00-06-22-11B6 - 6/22/2000RESOLUTION NO. R- 00- 06- 22 -11B6 WHEREAS, the City of Round Rock ( "City ") and the Texas Department of Transportation ( "TxDOT ") wish to enter into an agreement whereby TxDOT will design and construct, and the City will operate and maintain, a continuous highway lighting system on IH 35 from FM 3406 to US 79, and WHEREAS, the City Council wishes to enter into said agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Construction, Maintenance and Operation of Continuous Highway Lighting System Within a Municipality for a continuous highway lighting system on IH 35 from FM 3406 to US 79, a copy of said agreement attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. K'\ WPLOCS \RESOLUTI \R00622B6.WP0 /ac ATTEST: RESOLVED this 22nd day of June, 2000. E LAND, City Secretary RO= 'T A. STLUKA,'JR., Mayor City of Round Rock, Texas 2 STATE OF TEXAS COUNTY OF TRAVIS JDKO —LDT _ TJWO _AMINO AGREEMENT FOR CONSTRUCTION, MAINTENANCE AMEO TRN D AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS WITHIN A MUNICIPA (FREEWAYS OR EXPRESSWA (Specific Limits) RECEIVED JUL 2 7 2000 13.0.T. Austin DI —SMDC3 ' Area Offpgp —POG — 11 ..I ODPO —JCP 0 — JUL 11 2000 MFHO — EJH 0 — RECEIVE ° .7 - THIS AGREEMENT, dated this 0 day of gU ue , 20 OD , 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 Round Rock Williamson County, Texas, acting by and through its duly authorized officers under an ordinance or resolution passed the -day of guin C, 2000 , hereinafter called the "City," party of the second part, is made to become effective when fully executed by both parties. CONTINUOUS LIGHTING SC(100) - CMO(100)(SL) 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 Interstate Highway No. 35 - within the limits from _FM 3406 (STA 1244 +00) to US 79 (STA 1295 +00) 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 1 of 6 1 -97 Commission, has made it known to the City that the State will construct said highway lighting 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 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 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 CONTINUOUS LIGHTING 2 of 6 1 -97 SC(100) - CMO(100)(SL) 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 lighting system will be bome 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. CONTINUOUS LIGHTING SC(100) - CMO(100)(SL) 3 of 6 1 -97 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. 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. CONTINUOUS LIGHTING 4 of 6 1 -97 SC(100) - CMO(100)(SL) 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 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 eniployees during the performance of the work defined in this agreement. CONTINUOUS LIGHTING SC(100) - CM0(100)(SL) 5 of 6 1 -97 IN WITNESS WHEREOF, the partiess have thereunto affixed their signatures, the City of on the de day of J 2000 and the Texas Department of Transportation on the 6 day of Round Rock ATTEST: myyi e, (Title of Signing Official) 6-A9-(00 (Date) ,200o . CONTINUOUS LIGHTING 6 of 6 SC(100) - CMO(100)(SL) THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission under the Authority of Minute Order 100002 and Stand Alone Manual Notice 96 -6, for the purpose and effect of activating and/or carrying out the orders, established policies or work programs by the Texas Transportation Commission. APPROVED: sy: istrict Engineer n os7'1 K District Date: 7- - 02 a o 0 1 -97 DATE: June 16, 2000 SUBJECT: City Council Meeting — June 22, 2000 ITEM: 11.B.6. Consider a resolution authorizing the Mayor to execute an agreement with the Texas Department of Transportation for construction maintenance and operation of a continuous highway lighting system on IH -35 from FM 3406 to US 79. Staff Resource Person: Jim Nuse, Public Works Director. Texas Department of Transportation HIGHWAY: IH 35 COUNTY: Williamson LIMITS: FM 3406 to US 79 CONTROL: 0015 -09 Mr. Tom Word, P.E. City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 Dear Mr. Word: Please find attached two (2) blank original illumination agreements for the above referenced location of IH 35. As we discussed earlier, this will allow the City of Round Rock to assume energy and maintenance costs for this portion of Interstate lighting. Please execute this agreement at your earliest convenience. If you have any questions, please call me. Sincerely, MFH:mfh Attachments P.O. DRAWER 15426 • AUSTIN, TEXAS 78761 - 5426 • (512) 832 - 7000 P.O. Box 862 Georgetown, Texas 78627 -0862 Phone: (512) 930 -5402 Fax: (512) 869-1419 May 31, 2000 mothy J. Weight, P. Assistant Area Engineer An Equal Opportunity Employer RECEIVED JUN 0 2 2000