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R-94-07-14-9A - 7/14/1994RESOLUTION NO. R- r - o 7- / / n WHEREAS, the Texas Department of Transportation ( "TxDOT ") is currently constructing improvements to RM 620 (Round Rock Avenue) in the City of Round Rock, and WHEREAS, TxDOT has agreed to construct 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 TxDOT 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 14th day of July, 1994. ATTEST: City of Round Rock, Texas AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF SAFETY LIGHTING SYSTEMS AND PEDESTRIAN LIGHTING SYSTEMS WITHIN MUNICIPALITIES (State Maintains and Contracts for Power) (CSJ: 0683 -01 -041 Agreement) STATE OF TEXAS & COUNTY OF TRAVIS & This AGREEMENT dated this J 7 - day of , 19 '9 `I, by and between the State of Texas, hereinafter referred to as the "State," party of the first part, acting by and ,, through the n Texas I '\\ ^^ Department of Transportation, and the City of Roui U" .K.J, �Y.Y,((�/Y11IJ4}1J County, Texas, acting by and through its duly authorized officers under ( �a ' resolution or ordinance passed the J day of , 19`1'1" , hereinafter called the "City," party of the second part. W I T N E S S E T H Whereas, in order to provide a more adequate facility to the travelling 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 is to consist of safety lighting to be built in sections as financed and designated by the Texas Transportation Commission; and Whereas, the City has requested the State to consider the installation of a pedestrian lighting system. Within the City, said pedestrian lighting system is to consist of antique pedestrian lighting to be built in sections as financed by the City; and Form 1397 (MOD) 1 of 7 3 -94 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 safety lighting system; the State will construct said pedestrian lighting system; the City will maintain and operate said pedestrian lighting system, subject to the conditions and provisions stated herein, as provided for in Highway Commission Minute Order No. 82420 and Article 6673b, Vernon's Texas Civil Statutes. 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 pedestrian 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: Form 1397 (MOD) 2 of 7 3 -94 "Attachment No. to special AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF SAFETY LIGHTING SYSTEMS AND PEDESTRIAN LIGHTING SYSTEMS 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 safety lighting system will be borne by the State, and-will remain the property of the State. c. All costs of constructing the pedestrian lighting system will be borne by the City, and will remain the property of the City. 2. MAINTENANCE AND OPERATION RESPONSIBILITIES a. The State hereby agrees to furnish at its expense the electrical energy and all maintenance costs required for proper operation of the safety lighting system. b. The City hereby agrees to furnish at its expense the electrical energy required for proper operation of the pedestrian lighting system, such electrical energy to be provided at points on the pedestrian lighting system as designated by the State. The City further agrees to maintain and operate the pedestrian 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. Form 1397 (MOD) 3 of 7 3 -94 c. The City will assume maintenance and operation on a date to correspond with the date construction of the pedestrian 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 pedestrian lighting system is constructed by sections, this provision shall apply to each such separately constructed section. d. The City will obtain approval of the Executive Director before making any major changes in the design and /or operation of the pedestrian 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. The State's obligation for operation and maintenance of the safety 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 safety 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 Form 1397 (MOD) 4 of 7 3 -94 parties. In the event that the safety lighting system and /or the pedestrian lighting installed in accordance with this Agreement becomes unnecessary or is removed for any reason, this Agreement will terminate. d. The State will not incur any financial obligation to the City as a result of this Agreement. e. 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 safety lighting system and /or the pedestrian lighting system upon cancellation of the Agreement. f. If, at any time, the City does not maintain and operate the pedestrian 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 pedestrian lighting system. Should the pedestrian lighting system be removed due to lack of maintenance, the City hereby agrees to reimburse the State for the cost of removal. g. Should disputes arise as to the parties' obligations under this Agreement, the State's decision shall be final and binding. h. 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. i. 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 Form 1397 (MOD) 5 of 7 3 -94 the contract period. j. 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. k. 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 constructed as if such invalid, illegal, or unenforceable provision had never be contained herein. 1. 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 or performance of the City, its agents and employees under this Agreement. Form 1397 (MOD) 6 of 7 3 -94 IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, The City of �ICLlND e0C/� on the /d ay of 9 , 19?, and the Texas Department of Transportation on the _ day of , 19 ATTEST: ?vywit),/a/ytd, City o A N BY:, C (Ti le 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 Texas Transportation Commission under the authority of Minute Order 100002. APPROVED: By: DATE: Traffic Operations Engineer Form 1397 (MOD) 7 of 7 3 -94 Texas Department of Transportation CSJ: 0683 -01 -041 Williamson County RM 620: 0683 -01 -041 Mr. Joe Vining Director of Planning and Community Development 221 E. Main St. Round Rock, Texas 78664 P.O. DRAWER 15426 • AUSTIN, TEXAS 78761 - 5426 • (512) 832 - 7000 June 22, 1994 As previously discussed, the illumination agreement which was executed in May of 1993 does not adequately address the safety lighting provided by TxDOT and the pedestrian lighting provided by the City. Attached please find a modified agreement which specifically addresses the illumination on Round Rock Avenue currently being constructed. This agreement better defines the responsibilities of TxDOT and the City of Round Rock. We request you to review the modified agreement and if you have no objections please execute and return the agreement to my office. Thank you for your cooperation. RH:jh:g Attachment xc: Bubba Needham, P.E. Bill Glenn, P.E. An Equal Opportunity Employer Sincerely, Cn Randy C. Hopmann, P.E. Engineer of Special Design Date: July 12, 1994 Subject: City Council Meeting, July 14, 1994 Item: 9.A. Consider a resolution authorizing the Mayor to enter into an agreement with the Texas Department of Transportation for construction, maintenance and operation of safety lighting systems and pedestrian lighting systems. Staff Resource Person: Joe Vining Recommendation: Approval The illumination agreement which was executed in May, 1993 does not adequately address the safety lighting provided by TxDOT and the pedestrian lighting provided by the City. The attached modified agreement specifically addresses the illumination on Round Rock Avenue currently being constructed and better defines the responsibilities of TxDOT and the City of Round Rock.