R-93-05-27-10I - 5/27/1993roz
L \sL{ab
al - i ie'IL(' I - Slfa 6
WHEREAS, the Texas Department of Transportation ( "TDOT ") is
preparing to construct improvements to RM 620 (Round Rock Avenue) in
the City of Round Rock, and
WHEREAS, TDOT is agreeable to constructing a highway
illumination system along Round Rock Avenue conditional upon the City
agreeing to maintain and operate said illumination system, and
WHEREAS, a document has been prepared setting forth the terms of
the agreement regarding the illumination system, 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 with TDOT for the construction of a
highway illumination system along Round Rock Avenue with the
conditions stated above, said agreement being attached hereto and
incorporated herein for all purposes.
RESOLVED this 27th day of May, 1993.
ATTEST:
KS/RSO5V
NE LAND, City Secretary
RESOLUTION NO. e93-0527? 7 "
CHARLES CULPE Mayor
City of Round Rock, Texas
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION
SYSTEMS WITHIN MUNICIPALITIES
(100< Blanket)
STATE OF TEXAS §
COUNTY OF TRAVIS §
This AGREEMENT dated this
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 County,
Texas, acting by and through its duly authorized officers under an
ordinance or resolution passed the _ day of , 19,
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 E T H
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 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 illumination system, conditioned that
the City, as provided in Highway Commission Minute Order No. 82420 and
Article 6673b, Vernon's Texas Civil Statutes, will maintain and operate
said illumination system.
1 of 6
day of , 19, by,and
Form 1074
11 -91
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 equipment 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 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 illumination 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
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 of 6
Form 1074
11 -91
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 be 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
To the extent permitted by law, the City 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 person or property in consequence of any neglect in the
performance, or failure of performance of the City, its agents and
employees under this Agreement.
5 of 6
Form 1074
11 -91
signatures, The City of on the day of
on the
IN WITNESS WHEREOF, the parties have thereunto affixed their
, 19 , and the Texas Department of Transportation
day of , 19
ATTEST: CITY OF
BY:
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 Texas Transportation Commission under the
authority of Minute Order 100002.
APPROVED:
By:
DATE:
(Title of Signing Official)
Traffic Operations Engineer
6 of 6
Form 1074
11 -91
DATE: May 25, 1993
SUBJECT: City Council Meeting, May 27, 1993
ITEM: 10.1. Consider a resolution authorizing the Mayor to enter into a
contract with the Texas Department of Transportation for the
illumination of RM 620.
STAFF RESOURCE
PERSON: Joe Vining
STAFF
RECOMMENDATION: Approval
This contract between the City and the Department of Transportation will allow for
the construction of the antique lamp illumination system on RM 620 (Round Rock
Avenue) from IH -35 to Mays Avenue.
* os -Xi- 10T-
RECEIVED SEP 2 0 1993
Texas Department of Transportation
Control: 683 -1
Highway: RM 620
County: Williamson
Mr. Bob Bennett
City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Dear Mr. Bennett:
Attached is a copy of an agreement (Form 1074) for your files
covering the construction maintenance and operation of the
continuous highway illumination on RM 620 from IH 35 to Loop 384.
If you have any questions, please contact Clayton Bridwell at
832 -7124.
ENN:CB:sgc
Attachment
P.O. DRAWER 15426 • AUSTIN, TEXAS 78761 -5426 • (512) 832 -7000
September 16, 1993
Sincerely,
Enoch N Needham, P.E.
Acting Director of
Transportation Operations
An Equal Opportunity Employer
kekiLtLa
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION
SYSTEMS WITHIN MUNICIPALITIES
(100% Blanket)
STATE OF TEXAS §
COUNTY OF TRAVIS §
tl
This AGREEMENT dated this S- day of U ' (. , 19 7 3, 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 / QUJ)WL , (Ja.:Aiy&j JCounty,
Texas, acting by and through its duly authorized officers under an
ordinance or resolution passed the A ! day of O.U4 , 1993,
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 E T H
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 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 illumination system, conditioned that
the City, as provided in Highway Commission Minute Order No. 82420 and
Article 6673b, Vernon's Texas Civil Statutes, will maintain and operate
said illumination system.
1 of 6
Form 1074
11 -91
A G R E E M E N T
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 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 MUNICIPALITIES,'
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 of 6
Form 1074
11-91
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 equipment 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 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 illumination 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
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 of 6
Form 1074
11 -91
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 illumination system upon
cancellation of the Agreement.
d. If, at any time, the City does not maintain and operate the
illumination 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 illumination system. Should the illumination 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.
4 of 6
Form 1074
11 -91
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 be 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
To the extent permitted by law, the City 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 person or property in consequence of any neglect in the
performance, or failure of performance of the City, its agents and
employees under this Agreement.
5 of 6
Form 1074
11 -91
IN WITNESS 'WHEREOF, the parties have thereunto affixed their •
signatures, The City of ROLM) ROC, on the rith
n � / — day of
' Tr IL�1 , 199 3 , and the Texas Department of Transportation
on the day of
ATTEST: CITY O/ SO U E) RO d-
BY: , ar
a/)/1dL m ►lo/z
AWE l_kN i (Tit e of Signing Official)
ISTAnIT CIT Il ANPIGE,e./
CITY SG-Gee-MIN
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 Texas Transportation Commission under the
authority of Minute Order 100002.
APPROVED:
By: lek;/ 114 4
operations argineer
DATE:
, 19
6 of 6
Form 1074
11 -91
Pa
STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
I, JOANNE LAND, Assistant City Manager /City Secretary of the City of
Round Rock, Texas do hereby certify that the above and foregoing is a true
and correct copy of a resolution passed and adopted by the City Council of
the City of Round Rock, Texas, at a meeting held on the �-= day of
, 19 93 , which is recorded in the minutes of the City of Round
Rock in book ,.. .
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this
day of 4 , 19
ANNE LAND
ssistant City Manager/
City Secretary
STATE OF TEXAS §
COUNTY OF TRAVIS §
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION
SYSTEMS WITHIN MUNICIPALITIES
(100% Blanket)
This AGREEMENT dated this I of , 19 !3, by,and
between the State of Texas, hereinafter referred to as the "State," party
of the first part, acting by and through the ��T,exasDepa�rt-ment of
Transportation, and the City of �QL /l_,UC , 11 Y.la llJ County,
Texas, acting by and through its duly authorized officers under an
- ordinance or resolution passed the p,7 - day of Qz� 1993,
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 E T H
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 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 illumination system, conditioned that
the City, as provided in Highway Commission Minute Order No. 82420 and
Article 6673b, Vernon's Texas Civil Statutes, will maintain and operate
said illumination system.
1 of 6
Form 1074
11 -91
A G R E E M E N T
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 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 MUNICIPALITIES,
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 of 6
Form 1074
11 -91
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 equipment 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 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 illumination 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
3 of 6
making any major 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.
Form 1074
11 -91
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 illumination system upon
cancellation of the Agreement.
d. If at any time, the City does not maintain and operate the
illumination 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 illumination system. Should the illumination 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.
4 of 6
Form 1074
11 -91
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 be 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
To the extent permitted by law, the City 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 person or property in consequence of any neglect in the
performance, or failure of performance of the City, its agents and
employees under this Agreement.
5 of 6
Form 1074
11 -91
IN WITNESS WHEREOF, the parties have thereunto affixed their
signatures, The City of &MI ROCK • on the g7 day of
j Ilu� , 19
on the
ATTEST:
day of
ISTANT £ITVv MANAGER"
CITY SGc2e7"HR /
THE STATE OF TEXAS
By:
DATE:
, and the Texas Department of Transportation
, 19
'46u, L Rocl�
r
CITY
BY:
Find, m 1 V
ING LAN , (Tit e of Signing Official)
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 Texas Transportation Commission under the
authority of Minute Order 100002.
APPROVED:
Traffic Operations Engineer
6 of 6
Form 1074
11 -91
i � ;
�" r
�� ,
GRB :cn
Attachment
1v o 0
MAY 20 X 97 15:35
M EMORANDUM
TO: Mr, Bubba Needham
Austin District Office DATE: August 20, 1993
FROM; Gary K. Trietsch, P.R. Originating office
D -1STE
SIIB7EcT: Illumination Agreement - 1074
Highway: Blanket
County : Williamson
Attached for your file and distribution is one signed copy of the
subject agreement executed between the State and the City of
Round Rock.
An TrafficiEngineeringnSectioniof the of Maintenance and Operations,
51741Rn1F1 PAGF.5BG12
RESOLUTION NO.
05 - ?,7 rJ -/01
WHEREAS, the Texas Department of Transportation ("TDOT") is
preparing to construct improvements to RM 620 (Round Rock Avenue) in
the City of Round Rock, and
WHEREAS, TDOT
is agreeable to constructing a highway
illumination system along Round Rock Avenue conditional upon the city
agreeing to maintain and operate said illumination system, and
WHEREAS, a document has been prepared setting forth the terms of
the agreement regarding the illumination system, 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 with TDOT for the construction of a
highway illumination system along Round Rock Avenue with the
conditions stated above, said agreement being attached hereto and
incorporated herein for all purposes.
RESOLVED this 27th day of May, 1993.
ATTEST:
lei
NE LAND, City Secretary
MAY 20 '97 15:35
CHARLES COLPEII' ✓
City of Round Rock, Texas
5124163161 PAGE.003
STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
MAY 20 '97 15:35
I, JOANNE LAND, Assistant City Manager /City Secretary of the City of
Round Rock, Texas do hereby certify that the above and foregoing is a true
and correct copy of a resolution passed and adopted by the City Council of
the City of Round Rock, Texas, at a meeting held on the �7 d of
y
, 199- , which is recorded in the minutes of the City of Round
Rock in book ,2 f }
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this
is day of , •970 ,
irvna��
ANNE LAND
ea stem City Manager/
ANNE LAND
ssistant City Manager/
City Secretary •
5124163161 PAGE.004
STATE OF TEXAS
COUNTY OF TRAVIS §
This AGREEMENT dated this Pi t&
day of 1993,
between the State of Texas, hereinafter ref the "Stater H
of the first part, acting by ate, party
g y and through the Texas Department of
Transportation, and the City of
Texas, actin by g duly ''""'( l��Q.,Mn County,
5 y and through its dul authorized officers under an
ordinance or resolution passed the tiv
� day of 19443,
hereinafter called the "City," party of the second part, is made to
become effective when fully executed by both parties.
T N
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 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 illumination system, conditioned that
the City, as provided in Highway Commission Minute Order No. 82420 and
Article 6673b, Vernon's Texas Civil Statutes, will maintain and operate
said illumination system.
MAY 20 '97 15:35
AGREEMENT
AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION
SYSTEMS WITHIN MUNICIPALITIES
(100% Blanket)
1 of 6
For 1074
11 -91
5124163161 PRGE.005
�G R E E LW
NOW, therefore, in consideration of the premises and of the mutual
covenants and agreements o£ the parties hereto to be by them respectively
kept and performed as hereinafter set forth, it is agreed as follows:
1. CO ST U CTTO RESPOc'r lLia r .
a. The State will prepare or provide for the
specifications, advertise for bids, let the Plans and
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 MUNICIPALITIES,'
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.
MAY 20 '97 15:36
2 of 6
Form 1074
11 -91
5124163161 PA8E.006
MAY 20 '97 15:36
2. CE DO - _
-� N R c nn�+SIBILrtis
a. The City hereby agrees to furnish .at
ever � its expense the electrical
qy 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 equipment 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 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 or trial operation prior to acceptance 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 approval of the Executive Director before
making any major 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 o f the installation except for the purpose of
replacement where identical or accepted equivalent.equipment to that
originally installed is used.
3. _P_ZERAU
a. This Agreement shall remain in force for a period of two years
from the date that maintenance and operation r esponsibilities are first
assumed by the City and shall be automatically renewed for two -year
periods unless modified by mutual agreement of both parties.
. 3 of 6
Form 1074
11 -91
5124163161 PA6E.007
b. The State will not incur any financial obligation to the City as
a result of this Agreement.
c. This Agreement maybe 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 illumination system upon
cancellation of the Agreement.
d. Zf, at any time, the city does not maintain and operate the
illumination 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 illumination system. should the illumination 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.
MAY 20 '97 15:36
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11. 4Y
11.1 MA Vat—TikAdAW1
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 be contained herein
j. This Agreement constitutes the 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 ratter.
4. Iiagm FTCATTON
To the extent permitted by law, the City 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 person or property in consequence of any neglect in
performance, or failure of performance of the City, its agents and
employees under this Agreement.
MAY 20 '97 15:37
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5124163161 PAGE.009
IN WITNESS WHEREOF, the parties have thereunto affixed their
di:gnatures, The City of ROu/)D i OL
19 93 on the of/ of
and the Texas Department of Transportation
on the day of
, 19�
ATTEST:
flit/ _ � 1 /
• N►U E LAN
MAY 20 '97 15:37
APPROVED:
Sy:
CITY
SY:
mj02
(Tit a of
ISrAtJT arr IIAAJAGF�2/ • Signing Off cial)
OAT/ S
THE STATE OF TEXAS
Rock-
Certified as being executed for the purpose
and effect of activating and /or carrying out
the orders, established policies, or work
t Texas ghTransportatii O n o Commission t under e th e y
authority of Minute Order 100002.
T aff perations Eng
DATE:
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5124163161 •PAGE.010