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Home My WebLink AboutR-2018-01 Agreement Between the City of La Porte and TxDot for Lighting System RESOLUTION NO.2018- 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE,TEXAS,ENTERING INTO AN AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF INSPECTION LIGHTING SYSTEM UNDER SH 146 WITHIN THE CITY OF LA PORTE. WHEREAS,the City of La Porte has requested Texas Department of Transportation to allow construction, maintenance,and operation of a underpass lighting system underneath the freeway designated as State Highway 146 at the intersection of West Barbour's Cut Blvd. within the limits which is in accordance with 43 Texas Administrative Code, Section 25.11;and WHEREAS,within the City of La Porte,said lighting system hereinafter referred to as the"lighting system" is to consist of lighting to be built underneath State Highway 146 at West Barbour's Cut Blvd. at the truck inspection station. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte 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 the construction or betterment work as required by said plans and specifications and the State will review the plans before construction begins. Section 2. The City of La Porte agrees to furnish at its expense the electrical energy required for proper operation of the lighting system. The City further agrees to maintain and operating the lighting system in an efficient and slightly condition. The City shall assume maintenance and operation of the lighting system once accepted by the State. Section 3. The City of La Porte will obtain approval of the Executive Director before making any major changes in the design and/or operation of the lighting system as designed 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. Section 4. The 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 by both parties. Section 5. This agreement may be terminated sixty 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. Section 6. 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. Section 7. This Resolution shall be effective upon its passage and approval. PASSED AND APPROVED this i 2 day of cArtias y ,2018. CITY OF LA PORTE t it By: Lo is R.Fr:by Mayor A T: Patrice Fogarty City Secretary 4°Cd11-1 .4-d- i j • Agreement No. STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF INSPECTION LIGHTING SYSTEM UNDER SH 146 WITHIN THE CITY OF LA PORTE THIS AGREEMENT, dated this /a day of zutt, by and between the State of Texas, hereinafter referred to as t "State," party of the first part, acting by and through the Texas Department of Transportation, and the City of LA PORTE, HARRIS County, Texas, acting by and thr ugh its duly authorized officers under an ordinance or resolution pass6d the !.?+ day of 2018 hereinafter called the "City," party of the second part, is made to b come effective when fully executed by both parties. WITNESSETH WHEREAS, the City has requested the State to allow the construction, maintenance, and operation of a underpass lighting system underneath the freeway designated as SH 146 at the intersection of W Barbour's Cut Road within the limits which is in accordance with 43 Texas Administrative Code, Section 25.11. Within the City, said lighting system hereinafter referred to as the "lighting system" is to consist of lighting to be built underneath SH 146 at W Barbour's Cut Blvd at the truck inspection station. 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 Article 1. CONSTRUCTION RESPONSIBILITIES A. The City 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 or betterment work as required by said plans and specifications and the State will review the plans before construction begins. B. The City construction, maintenance, and operation responsibilities shall be a heretofore agreed to condition, accepted, and specified in the Agreement to which these plans are made a part. Article 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. 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 CITY OF LA PORTE Page 1 of 3 LIGHTING OF TRUCK INSPECTION AREA • Agreement No. become necessary, without cost to the State in accordance with the National Electrical Code and State Standards. B. The City shall assume maintenance and operation on a date to correspond with the date construction of the lighting system is 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 the acceptance by the State. 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 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. Article 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 by both parties. B. The State will not incur any financial obligation to the City as a result of the 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. 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 within subject matter. CITY OF LA PORTE Page 2 of 3 LIGHTING OF TRUCK INSPECTION AREA Agreement No. K. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. L. At the request of the State, the City shall submit any information required by the State in the format directed by the State. Article 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 employees during the performance of the work defined in this agreement. IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, the City of LA PORTE on the 11 day of E EA e-)rt-1- , 20 6, and the Texas Department of Transportation on the g day of Ctlftat-i-t 20 lg THE CITY OF LA PORTE Execut d on behalf of the ity by: By ..� Date z/ILI/8 Typed or Printed Name and Title (-)17 A UL£ /d ev f*, 1 r'fanage s' THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission 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. ByO. C Gt L- Date 3/e/Z0f 8 HOU-s-tonEi;Tact Engineer CITY OF LA PORTE Page 3 of 3 LIGHTING OF TRUCK INSPECTION AREA *. Ar Texas Department of Transportation P.O.BOX 1386 I HOUSTON,TEXAS 77251-1386 I (713)802-5000 I WWW.TXDOT.GOV December 15, 2017 The Honorable Louis Rigby Mayor City of La Porte City Hall 601 Fairmont Parkway La Porte, Texas 77571-6215 RE: Lighting System under SH 146 at W. Barbour's Cut Road for Truck Inspection Station Dear Mayor Rigby: The captioned project area includes the installation of a Lighting System under SH 146 at West Barbour's Cut Road. It is necessary that we have an executed agreement with the City of La Porte concerning the maintenance of this illumination system. The proposed agreement allows the City of La Porte to construct, maintain and operate the truck inspection station lighting system within the City of La Porte under this highway within the city limit at its own cost. The City of La Porte would be responsible for the maintenance and operation of these luminaires at the completion of the construction. The agreement must be accompanied either by a resolution or an ordinance passed by the city. Please return to us both of the two original copies of the agreement with your signature and title, and we will return to you a completed copy once it is executed by our District Engineer. If you have questions please contact Gaurang Pandit, Transportation Engineer at(713)802-5859. Sincerely, /1111r , ! , I --- Ugonn. ifghanz: E. Directo of Transpo-ation Operations Houston District Attachments cc: Gaurang S. Pandit, P.E. David Hefner - Building Maintenance Supervisor, City of La Porte Marcus Upchurch - Sergeant, City of La Porte OUR VALUES; People•Accountability•Trust•Honesty OUR MISSION: Through collaboration and leadership,we deliver safe,reliable,and integrated transportation system that enables the movement of people and goods. An Uwe Opportunhy Employer f F kt , 15 City of La Porte City Manager's Office v m \4 � Esta6lisked 1892 The City of La Porte embraces our heritage,community values and i2dopportunities,while enhancing the quality of life for our citizens. February 16, 2018 Ugonna U. Ughanze, P.E. Director of Transportation Operations Houston District RE: Lighting System under SH 146 at W. Barbour's Cut Road for Truck Inspection Station I I Dear Mr. Ughanze, Enclosed in this packet, please find a copy of Resolution No. 2018-01, approved by the City of La Porte City Council on February 12, 2018. This resolution authorizes the agreement between the City of La Porte and the Texas Department of Transportation for the Lighting System under SH 146 at W. Barbour's Cut Road for Truck Inspection Station project. We have also enclosed two signed original copies of the agreement and a copy of your letter for your reference. If you have any questions, please contact the City Manager's office at (281)470-5013. Sincerely, TXDOT RECEIVED ON or lexander FEB 2 7 2018 City Manager MAIL OPERATIONS HOUSTON Attachments cc: Gaurang S. Pandit, P.E. David Hefner—Building Maintenance Supervisor, City of La Porte Marcus Upchurch—Sergeant, City of La Porte SCANNED ON FEB 272018 06CAOCkSOVCI MAIL OPERATIONS HOUSTON 604 W.Fairmont Parkway • La Porte,Texas 77571 • (281)470-5011 • www.Iaportetx.gov