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HomeMy WebLinkAbout02-11-88-08 - Resolution - 02/11/1988A RESOLUTION AUTHORIZING THE ~YOR TO EXECUTE AN AGREEMENT BET~'~EN THE CITY OF COLLEGE STATION AND THE STATE OF TEXAS, FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A CONTINUOUS HIGHWAY ILLUMINATION SYSTEM WITHIN THE MUNICI- PALITY. WHEREAS, WHEREAS, the City has requested the State to contribute financial aid in the construction, maintenance and operation of a highway illumination system along FM 60 (University Drive) as described in the attached Agreement, and 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 State Highway and Public Transportation Commission; and, 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: SECTION 1. That the certain Agreement dated February 11, 1988 between the State of Texas and the City of College Station , for the said highway illumination system project covering the installation, construction, existence, use, operation, and maintenance of certain highway traffic signals/illumi- nation in the City of College Station, be, and the same is hereby approved, and the Mayor is hereby authorized to execute said contract on behalf of said city and to transmit the same to the State of Texas for appropriate action. SECTION 2. That this Resolution shall take effect immedi- ately upon its passage. PASSED AND APPROVED this the llth day of February 1988. ATTEST- APPROVED: , City. Secretary La 06525 COMMISSION ROBERT H DEDMAN, CHAIRMAN JOHN R BUTLER, JR RAY STOKER. JR STATE DEPARTMENT OF HIGHWAYS AND PUBLICTRANSPORTA~ON P. O. Box 3249 Bryan, Texas 77805-3249 March 24, 1988 ENGINEER-DIRECTOR R E STOTZER, JR IN REPLY REFER TO Mr. Elrey B. Ash Director cf Capitol Improvements City of College Station P. O. Box 9960 College Station, Texas 77840 Dear Mr. Ash: Attached is a fully executed copy of the "Agreement For Construction, Maintenance And Operation Of Continuous Highway Illumination System Within Municipality" which provides for highway illumination along FM 60 (University Drive) from Loop 507 (Texas Avenue) to FM 2154 (Wellborn Road), in College Station. If you should have any questions pertaining to this Agreement, please advise. Sincerely, ~Boriskie Traffic Engineer District Seventeen WIF:nr Attachment CC: Mr. Patrick Williams Mr. Delmar Smith Mr. John Black 06526 AGREEMENT FOB CONS~UCTION, MAINTENANCE AND OPERATION OF'CONTInUOUS HIGHWAY ILLUMINATION SYSTEM WITHIN MUNICIPALITY (100% Blanket) STATE OF TEXAS § COUNTY OF TRAVIS § THIS AGREEMENT dated this~day of February , 19 88 , by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of College Station , Brazos County, Texas, acting by and through its duly authorized officers under an ordinance or reso- lution passed the 11th day of February , 19 88 , hereinafter called the "City," party of the second part is made to become effective when fully executed by both parties. WI TNESSETH WHEREAS, the City has requested the State to contribute financial aid in the as shown on construction, maintenance and operation of a highway illumination system~ ~ 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 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 illumina- tion system. orm 074 0 6 5 2 7 AGREEMENT NOW THEREFORE, in consideration of the premises and of the mutual covenants ano 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, adver- tise for bids, let the construction contract, or otherwise provide for the construc- tion, 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.~~' ~ ' 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 5 Form 1074 2-86 0 6 5 2 8 2.. I~IAINTENANCE 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 City hereby agrees to furnish at its expense the electrical energy con- sumed 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 Engineer-Director before making any major changes in the design and/or operation of the illumina{ion 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 2-8 06529 b. The State will not incur any finaffcial obligation to the City as a result of this Agreement. c. This Agreement may be terminated sixty (60) days after the filing' of a writ- ten 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. 4. INOEMNIFICATION 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 liabi- lity and damages for any and all injuries or damages sustained by any person or pro- perty in consequence of any neglect in the performance, or failure of performance of the City, its agents and employees under this Agreement. 4-5 Form 1074 12-86 of IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, the City Colle.~e Station February , 19 Public Transportation on the lg on the llth day of 88 and the State Department of Highways and day of ATTEST: DI~RETARY CITY OF C~lle~e Station BY MAYOR (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: 1[( lTei~l:y-Di~r.~]l:tor, Field Operations~ DATE: 5-5 Form 1074 12-86 06531 STATE OF TEXAS COUNTY OF Brazos qualified and acting city secretary of the City of ~ll.ege Station Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance~resolution duly passed by the City Council at a ~eting held on F4,~~ i~ , A.D., 19.~,. at 7f~ o'clock ~ TO certify which, witness my hand and seal of the City of Colle~ $~on Texas, this II day of F~D,,~,~~ , 19~ ,, at ~ 5~-~1'~",- ,Texas./ , the duly appointed, Mo Cit ity of College Station , Texas 06532 ti~.~hway Illumination System along F.M. 60 (University Drive) fr~m the intersection with Loop 507 (Tex~s Avenue) to ~ F.M. 60 - F.M. 2154 interchang~ in College Station. 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