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Home My WebLink AboutR-2019-18 Authorizing CoLP to enter into agreement with TxDOT allowing for installation of decorative lighting system RESOLUTION 2019-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE,TEXAS,AUTHORIZING THE CITY OF LA PORTE, TEXAS TO ENTER INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) ALLOWING FOR THE INSTALLATION OF A DECORATIVE LIGHTING SYSTEM ALONG THE SIDEWALK WITHIN THE BROADWAY (OLD SH 146)RIGHT-OF-WAY(ROW) WHEREAS, the City of La Porte, Texas will construct, maintain, and operate a decorative lighting system along the street called Broadway (Old SH 146) which is within the limits of the City and which is in accordance with 43 Texas Administrative Code, Section 25.11. The improvement is to consist of decorative lighting to be built along the sidewalk of Broadway Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNICL OF THE CITY OF LA PORTE, TEXAS,THAT: The Mayor and City Manager be authorized to execute an agreement with the Texas Department of Transportation for the installation of a decorative lighting system along the sidewalk of Broadway Street. PASSED, APPROVED, AND ADOPTED by the City Council of the City of La Porte on this (A7S411.‘ day of Qckamtr , 2019. CITY O# jiORTE,TEXAS Agillall A Lo is R. ' igby, j r AT a ST: APPROVED AS 0 FORM: .. ,. ._ �_i / i/� oodwa , Cit to ' .lark T. Askins, Assistant City Attorney Agreement No. STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF PEDESTRIAN LIGHTING SYSTEM ALONG BROADWAY (OLD SH 146) WITHIN THE CITY OF LAPORTE THIS AGREEMENT, dated this c1 i — day of OCTQbE2 , 2019, 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 LA PORTE, HARRIS County, Texas, acting by and through its duly authorized officers under an ordinance or resolution passed the cj 8 day of QCt 2019, hereinafter called the "City," party of the second part, is made to become effective when fully executed by both parties. WITNESSETH WHEREAS, the City will construct, maintain, and operate a decorative lighting system along the street called Broadway (Old SH 146) which is within the limits of the City and which is in accordance with 43 Texas Administrative Code, Section 25.11. The improvement is to consist of decorative lighting to be built along the sidewalk of Broadway St. 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 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. Before this work can begin, the State will review the plans to see if they meet our standards B. The City 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 shall assume all maintenance and operation, including furnishing of electric energy. 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 become necessary, without cost to the State in accordance with the National Electrical Code and State Standards. CITY OF LA PORTE Page 1 of 3 PEDESTRIAN LIGHTING ALONG BROADWAY Agreement,No. B. 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 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. K. 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. CITY OF LA PORTE Page 2 of 3 PEDESTRIAN LIGHTING ALONG BROADWAY Agreement No. IN WITNESS WHEREOF, the parties avp wt ereunto affixed their signatures, The CITY of LAPORTE on the 3156 day of L)C e✓, 2019 , and the Texas Department of Transportation on the /1 day of A/'ov..ra•-,6�, 2019. CITY OF LAPORTE Exec d on behalf of the V ity by: 4010 By Date i 3 l I Typed or Printed Name and Title Corby Alexander, City Manager 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. By ' 4.- e— - 44.4......E., Date 6 (7/ ` I `r Houston rict Engineer CITY OF LA PORTE Page 3 of 3 PEDESTRIAN LIGHTING ALONG BROADWAY