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Res 164-83 9/6/1983RESOLUTION NO, /o RESOLUTION APPROVING THREE BLANKET AGREEMENTS FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF TRAFFIC SIGNALS AND ILLUMINATION SYSTEMS WITHIN THE CITY LIMITS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That three (3) Blanket Agreements between the State Department of Highways and Public Transportation and the City of Wichita Falls pertaining to the construction, operation, and maintenance of traffic signals and illumination systems within the city limits is approved. PASSED AND APPROVED THIS the 6th of September 1983. re- A O R ATTEST: rp q 4,( A City Cl Page of Pages Agenda. Item No. tau ,t, COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER-DIRECTOR ROBERT H. DEDMAN,CHAIRMAN AND PUBLIC TRANSPORTATION MARK G. GOODE JOHN R. BUTLER,JR. Wichita Falls, Texas 76307 ROBERT C.LANIER July 14, 1983 IN REPLY REFER TO FILE NO. Mr. Bob Parker Director of Traffic & Transportation City of Wichita Falls P.O. Box 1431 Wichita Falls, Texas 76307 Dear Mr. Parker: Enclosed are copies of three (3) types of Agreements, for execution by City and State officials, in anticipation of impending and planned projects. The first is a standard Traffic Signal Agreement (Type E-lA) which covers the proposed traffic signal project at the intersection of FM 369 (Southwest Parkway) and Professional Drive. The terms of this Agreement are substantially the same as the several other Traffic Signal Agreements which are now in effect between the City of Wichita Falls and the State of Texas. The second and third Agreements are relatively new "Blanket Agreements" for the construction, operation, and maintenance of illumination systems within the City of Wichita Falls. Form 1397 covers "Safety Lighting" which has traditionally been constructed, maintained, and operated by State forces. Form 1074 covers Continuous Illumination" which has traditionally been designed and constructed by State forces and operated and maintained by City forces. The terms of these Agreements are substantially the same as the corresponding Illumination Agree- ments which are now in effect between the City of Wichita Falls and the State of Texas. The exception is the "Blanket" feature of these Agreements which will cover all future illumination projects. This eliminates the requirement for City Council action on each subsequent illumination project. The approval and consent of the City will be expressed by examination of the plans and specifi- cations and the signatures of authorized City officials on the Plan Title Sheet. Mr. Bob Parker July 14, 1983 Page 2 The Safety Lighting Agreement and the Traffic Signal Agreement will apply to the proposed project on Loop 11 and Professional Drive which is expected to be let to contract soon. The Continuous Illumination Agreement will serve all future projects of that type. Your assistance in the execution of these Agreements will be appreciated. Sincerely, Jimmy L. a,ks Dis rict • sineer By: " 4y Bobby L yers S raffic Engineer BLM/lb Encl . AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION SYSTEM WITHIN MUNICIPALITY 100% BLANKET) STATE OF TEXAS COUNTY OF Wichita THIS AGREEMENT dated this day of 19 by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of Wichita Falls ,Wichita 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 . N / TNES5ETH 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 61624. Within the City, said illumination system hereinafter referred to as the illumination system" is to consist of continuous lighting to be built in sec- tions 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. 61624, will maintain and operate said illumination system. Form 1074 June 1982 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 per- formed 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, and let the construction contract, or otherwise provide for the construction, and will supervise the construction, reconstruction or betterment work as required by said plans and specifications. As the project is developed to the 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 illumination system prior to awarding a 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 con- taining the following notation: Attachment No. to special AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION SYSTEM WITHIN MUNICIPALITY, 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 June 1982 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 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 written approval of the Engineer-Director before making any 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 replacements 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 June 1982 b. The State will not incur any financial obi } ignfion 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. | f , at any time, the City does not maintain and operate the i1 /umi- nofion 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 . INDEMNIFICATION The City agrees to indomnify the State against any and all damages and claims for damages to adjoining, abutting or other property for which the State is or may be liable arising out of, incident to or in any way connected with the installation, the con&+rucfion, the existence, the use, the maintenance and/or operation of the illumination system and does hereby agree to indemnify the State against any and all court costs, attorneys' fees and all expenses in connection with suits for such damage and shall , if requested to do so in writing, assist or relieve the State from defending any such suit brought against it. Nothing in this Agreement shall be construed to place any liability on the City for personal injury arising out of the construction of the illumination system. 4 of 6 Form 1074 June 1982 Nothing herein contained shall be construed to place upon the State any manner of liability for injury to or death of persons or for damage to or loss of property arising out of or in any manner connected with the maintenance, operation or use of the illumination system and the City will save the State harmless from any damages arising from said maintenance, operation, and/or use of said illumination system. It is further understood and agreed between the parties hereto that the State's participation in the construction, maintenance and operation of the illumination system is for the sole purpose of providing the traveling public a more adequate travel facility and shall not be the basis of any claim for State assumption, or participation in the payment, of any of the obligations of the City incurred in the improvement, past or present, of any street project . 5 of 6 Form 1074 June 1982 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, The City of Wichita Falls on the day of 19 and the State Department of Highways and Public Transportation on the day of 19 ATTEST: CITY OF By Title of Signing Official ) 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: By Engineer - Director Executed and approved for the State Highway and Public Transportation Commission under Authority of Commission Minute 78501 . APPROVAL RECOMMENDED: District Engineer Director, Finance Chief Engineer of Highway Design Chief Engineer of Safety and Maintenance Operations 6 of 6 Form 1074 June 1982 AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN MUNICIPALITIES State Maintains and Contracts for Power) Blanket Agreement) STATE OF TEXAS COUNTY OF Wichita- THIS AGREEMENT dated this day of 19 by and between the State of Texas, hereinafter referred to as .the "State", party of the first part, and the City of Wichita Falls , Wichita County, Texas, acting by and through its duly authorized officers under a resolution or ordinance passed the day of 19 hereinafter called the "City" , party of the second part. Wl TNESSETH 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 of Wichita Falls 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 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, maintain and operate said lighting systems, subject to the conditions and provisions stated herein, as provided for in Highway Commission Minute Order No. 61624. Form 1397 June 1982 AGREEMENT NOW THEREFORE" in consideration of the premises and of the mutual cov- enants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: l . 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. fo special AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN MUNICIPALITY, 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 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. 2 of 4 Form 1397 June 1982 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. 3 of 4 Form 1397 June 1982 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, The City of Wichita Falls on the day of 19 ____ and the State Department of Highways and Public Transportation on the day of 19 ATTEST: CITY OF By Title of Signing Official ) 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: By Chief Engineer of Safety and Maintenance Operations Executed and approved for the State Highway and Public Transportation Commission under Authority of Commission Minute 78501 and Administrative Order No. 29-81 APPROVAL RECOMMENDED: District Engineer Chief Engineer of Highway Design 4 of 4 Form 1397 June 1982 I • STATE OF TEXAS COUNTY OF This AGREEMENT, dated this day of 19 , by and between the State of Texas, hereinafter called the "State," Party of the First Part; and the City of County, Texas, acting by and through its duly authorized officers under an Ordinance/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. WITNESSETH WHEREAS, by virtue of a Municipal Maintenance Agreement entered into by the City and the State, the City has authorized the State to maintain certain highways within the City; and WHEREAS, from time to time the City requests the State to install traffic signals on such highways; and WHEREAS, the State under the provisions of Minute Order 70179, dated July 31 , 1975, has authority to install traffic signals in cities of over 15,000 population; and WHEREAS, the City has a population of over 15,000 according to the latest Federal Census; 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: AGREEMENT (TRAFFIC SIGNAL - TYPE B MOD) 1 1 . This Agreement shall apply to all highway traffic signal installations approved by both the State and the City, the City's approval being indicated by signature of the c,7,4 ,-10,06(-/z AN6 OiRecrca. ce TPAtTic on the plan title sheet for such installation. Highway traffic signal installations made a part of this Agreement shall contain on the title sheet the following statement: The City hereby consents to the construction of this Highway Traffic Signal as to location and manner of construction as indicated on these plans, said installa- tion being a part of "Agreement (Traffic Signal - Type B MOD) , dated 2. The State will furnish the necessary funds for the actual construction, prepare plans and specifications, install said highway traffic signal (s) and supervise construction. 3. The City hereby consents to the construction of the highway traffic signal (s) by the approval of the location and manner of construction as shown on plans and described in specifications. 4. The City will operate and maintain the highway traffic signal (s) at their expense upon completion of the installation(s) by the State. 5. The City will pay all power costs for operating the signal (s) , including all power necessary for installation and testing of the signal (s) prior to comple- tion of the installation by the State. 6. The City will obtain written approval of the State Department of Highways and Public Transportation before making any changes in the design of operation and timing of the signal (s) or before removing any part of the installation(s) . 7. The City will return any and all parts of said highway traffic signal installation(s) to the State should it (they) be removed by the City for any reason other than for installation on a State or Federal numbered highway route at AGREEMENT (TRAFFIC SIGNAL - TYPE B MOD) 2 of 5 a location approved by the State. 8. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal (s) . 9. In the event the signal (s) installed in accordance with this Agreement become unnecessary or are removed for any reason, this Agreement shall terminate. 10. Indemnification The City agrees to indemnify the State against any and all damages and claims for damages to adjoining, abutting or other property for which the State is or may be liable arising out of, incident to or in any way connected with the installation, the construction, the existence, the use of such project and does hereby agree to indemnify the State against any and all court costs, attorneys' fees and all expenses in connection with suits for such damage and shall , if requested to do so in writing, assist or relieve the State from defending any such suits brought against it. Nothing in this Agreement shall be construed to place any liability on the City for personal injury arising out of the construction of such project. Futher- more, it is not the intent of this Agreement to impose upon the City the liability for injury to person or property arising out of the construction of the project by the State's contractor unless the State itself would be liable for such injury or damage. Nothing herein contained shall be construed to place upon the State any manner of liability for injury to or death of persons or for damage to or loss of property arising out of or in any manner connected with the use of the project, and the City will save the State harmless from any damages arising from said mainte- nance and/or use of said project. AGREEMENT (TRAFFIC SIGNAL - TYPE B MOD) 3 of 5 It is further understood and agreed between the parties hereto that the improvement of the project by the State is for the sole purpose of providing the traveling public a more adequate travel facility and shall never be the basis of any claim for State assumption, or participation in the payment, .of any of the obligations of the City incurred in the improvement, past or present, of any street project. 11 . The Department will not incur any financial obligation to the City as a result of this Agreement. AGREEMENT (TRAFFIC SIGNAL - TYPE B MOD) 4 of 5