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ST9904-CS130508 T H E C 1 T Y O F COPPELL ` , * 0,4 A 8 1 5 May 8, 2013 Melanie B. Young, P.E. Texas Dept. of Transportation PO Box 133067 Dallas, TX 75313-3067 RE: State Highway 121 Roadway Illumination Dear Ms. Young: The City of Coppell submits for execution with this cover letter two originals of the "Agreement for Construction, Maintenance and Operation of Continuous Highway Lighting Systems Within a Municipality" which have been signed by the City Manager of Coppell. As requested in your letter dated February 4, 2013, these two documents are being returned to you for further processing, after which one signed original will be returned to the city for our records. If there are additional actions necessary on our part prior to installation of the lighting system, please contact me at your convenience. Sincerely, George Marshall, P.E. Traffic Engineer Office: 972-304-3562 gmarsh al l acoppelltx.gov 255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673 AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS WITHIN A MUNICIPALITY (FREEWAYS OR EXPRESSWAYS) (Specific Limits) STATE OF TEXAS § COUNTY OF TRAVIS § THIS AGREEMENT, is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State," and the City of Coppell, Dallas County, Texas, hereinafter called the "City," acting by and through its duly authorized officers. WITNESSETH WHEREAS, the City has requested the State to contribute financial aid in the construction, maintenance, and operation of a continuous highway lighting system on the freeway or expressway designated as SH 121 within the limits from % mile south of Freeport Parkway to 100' north of Denton Creek inside the SH 121 right of way (within the City of Grapevine and Coppell) which is in accordance with 43 Texas Administrative Code, Section 25.11. Within the limits, said lighting system hereinafter referred to as the "lighting.system" is to consist of continuous lighting to be built in sections as financed and designated by the Texas Transportation Commission; and 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 said highway lighting system, conditioned that the City, as provided in 43 Texas Administrative Code § 25.11., and Transportation Code § 221.002, will maintain and operate said lighting system. 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: Traffic—Traffic_TEA22 Page 1 of 5 Revised 05/02/2008 CONTINUOUS LIGHTING SC(100)—CMO(100)(SL) AGREEMENT 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 this lighting system 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 approval to construct the lighting system prior to awarding the contract; said City consent being signified by the signatures of duly authorized City officers in the spaces provided on the title sheet of the plans containing the following notation: "Attachment No., to special AGREEMENT FOR CONSTRUCTION, MAINTENANCE, AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS WITHIN A MUNICIPALITY, (FREEWAYS OR EXPRESSWAYS) (Specific Limits), 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 lighting system will be borne by the State, and the lighting system will remain the property of the State. 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, 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 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. B. The City shall assume maintenance and operation on a date to correspond Traffic—Traffic_TEA22 Page 2 of 5 Revised 05/02/2008 CONTINUOUS LIGHTING SC(100)—CMO(100)(SL) with the date construction of the 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 lighting system is constructed by sections, this provision shall apply to each such separately constructed section. C. The City will obtain approval of the State before making any major changes in the design and/or operation of the 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. 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. B. The State will not incur any financial obligation 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 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. Traffic—Traffic_TEA22 Page 3 of 5 Revised 05/02/2008 CONTINUOUS LIGHTING SC(100)—CMO(100)(SL) 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 the within subject matter. 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 Local Government shall submit any information required by the State in the format directed by the State. 4. RESPONSIBILITIES OF THE PARTIES The State and the City agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as wells as the acts and deeds of its contractors, employees, representatives, and agents. Traffic—Traffic TEA22 Page 4 of 5 Revised 05/02/2008 CONTINUOUS LIGHTING SC(100)—CMO(100)(SL) IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. CITY OF COPPELL By: ■f/i Title C ;"t cA mO \ckce.kr" Date: 540\0 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: William L. Hale, P.E. District Engineer Date: Traffic—Traffic_TEA22 Page 5 of 5 Revised 05/02/2008 CONTINUOUS LIGHTING SC(100)—CMO(100)(SL)