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ST9904-AG130423 ..Title CONSENT: Consider approval of entering into an agreement with TxDOT for maintenance and electric costs associated with lighting along State Highway 121, and acknowledgement that the yearly cost to the City of Coppell will be approximately $13,600.00; and authorizing the City Manager to sign and execute any necessary documents. ..Summary This agreement will allow the City of Coppell to maintain and fund the electric cost associated with the continuous lighting along State Highway 121. Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: The Engineering Department recommends approval of this agreement. Goal Icon: Sustainable City Government T H E • C 1 T Y • O F COPPELL r o A g 1 8 9 MEMORANDUM To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: April 23, 2013 Reference: Agreement with TxDOT for maintenance and electric costs associated with lighting along State Highway 121. 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities Introduction: For some time now, there has been discussion between the City of Coppell, City of Grapevine and TxDOT concerning lighting along State Highway 121, from Northpoint Drive to Denton Creek. This section of State Highway 121 lies partially within the City of Grapevine and the City of Coppell and lies entirely within Dallas County. In July 2010, during work session, Council was presented a preliminary lighting proposal in which TxDOT would furnish the fixtures/equipment and each City would be responsible for the electricity and maintenance costs. Please see the included memorandum from the July 27, 2010 Council work session. At that time, it was estimated that the lighting costs for this portion of SH 121 using six (6) - 150' light poles would be $10,200.00. Recently, TxDOT sent us the attached agreement to execute along with a 95% set of plans which includes eight (8) — 150' light poles and intersection lighting at Sandy Lake Rd. / Grapevine Mills Blvd & SH 121 for the City of Grapevine and eight (8) — 150' light poles and intersection lighting at Freeport Pkwy & SH 121 for the City of Coppell to maintain. If we extrapolate the maintenance and electricity usage from six poles to eight the costs become $13,600.00. Analysis: The 150' light poles include an array of 12 —400 watt High Pressure Sodium (HPS) fixtures which are lowered to the ground to perform maintenance such as bulb and ballast replacement. If there is maintenance needed to the pole or pulley system, a crane would be used to take the system down in place. The yearly maintenance costs is estimated at $6,600.00. The electrical usage for an assumed 1 10hr/day can be estimated to be approximately 17,520 kwh per pole per year. The electricity usage for all eight poles based on our current electric rate is estimated at$7000.00. Legal Review: Agenda item was reviewed by Bob Hager on 3/18/13. Fiscal Impact: The fiscal impact of this Agenda item is approximately $13,600.00 per year. Recommendation: The Engineering Department recommends approval of the agreement with TxDOT. 2 T H E C 1 T Y O F COPPELL A s' MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: July 27,2010 REF: Consider approval of the City's ongoing participation for maintenance and electric costs associated with lighting along State Highway 121, and acknowledgement that the yearly cost to the City of Coppell will be approximately $10,200.00. For some time now, there has been discussion between the City of Coppell, City of Grapevine, and TXDOT concerning lighting along State Highway 121, from Northpoint Drive to Denton Creek. This section of State Highway 121 lies partially within the City of Grapevine and the City of Coppell and lies entirely within Dallas County. TXDOT has stated they will be providing safety lighting associated with the project generally located at the entrance and exits ramps and that TXDOT will be responsible for all costs associated with the construction, electric costs, and power maintenance of the safety lighting system. However, TXDOT has stated that if additional lighting is desired along the roadway, the ongoing maintenance and electrical costs of that lighting would be the responsibility of the adjoining cities. After discussion with Grapevine, there is general agreement between the City of Coppell and the City of Grapevine that if the additional lighting is installed along State Highway 121 that the type of lighting would be the 150 ft towers with the 400 watt hps bulbs. The initial cost of design and construction will be borne by TXDOT. However, once the lights have been installed and are operational, the City of Coppell and the City of Grapevine will be required to pick up the ongoing electrical costs and maintenance of the lights. It is estimated the annual costs will approximately $10,200.00, per city. The intent of this agenda item is to seek approval from the Council for the installation of lighting along the roadway, concurrence with the 150 ft. poles, and acknowledgement that the estimated yearly cost to the City would be approximately $10,200.00. If Council supports this agenda item, then at a future date, a revised "Agreement for Construction, Maintenance, and Operation of Continuous Highway Lighting Systems within a Municipality (Freeways or Expressways) (specific limits)," will be brought to Council for approval. This early action is needed such that TXDOT can continue with design of the lighting along State Highway 121. Staff will be available to answer any questions at the Council meeting. 1 U c m T. g U 9 a •R, R[ .i 0 -, p:ipOt ,, , --: - III U Z a `E tE #,A a45 a a, ._,f ".-0 4-1:•.""Z` * AL i rr nn U in ,l �FAA;CARTHUR BLVD a W �- > r 0 m Co:.,.., a. h LJJ (I) H H I- f" 08: 38000 d' v, Q U Hd w , `. w Q2± ddl N0lN0 c°_ _08. Nll -1:138 I r L� . ' .:4 11 ., -° ra 113d ._3 t Ir v,� . VE } cx srr a iLI(k�2 w rtw • . Z ... g of z o if 7 lit ,. 1, ,V 4 N +-e+ fi '• a==r 5 / 0 J Ilk II , _ S mith. 4 jam r-&k' �.3,_. _ .,a___.:.ec.�..:-C""° } 1 Air Texas Department of Transportation P.O. BOX 133067• DALLAS,TEXAS 75313-3067 • (214)320-6100 February 4, 2013 Roadway Illumination • Control: 0364-2-17 SH 121: From: '/4 mile south of Freeport Pkwy To: Denton Creek City of Coppell Denton County Mr. Ken Griffen, P.E. Director of Engineering City of Coppell PO Box 9478 Coppell, TX 75019 Dear Mr. Griffen: As you are aware, TxDOT will be installing continuous lighting along SH 121 as part of the above subject project. The maintenance and operation lighting responsibilities will be shared by the cities of Grapevine and Coppell. These responsibilities will be divided on a north/south line rather than along the centerline of the roadway. Coppell will be responsible for the northern section of the roadway. A copy of the lighting plans is attached for your reference. TxDOT will supply to the city a drill motor for lowering and raising the light ring at • the completion of the project. Please find attached two (2) original Agreements for Construction, Maintenance and Operation of Continuous Highway Lighting Systems within a Municipality for your review and approval. If all is satisfactory, please obtain authorized signatures on both originals and return to me for further processing. A fully executed original will be returned to you for your files and use. If you have any questions, please feel free to contact me at 214-320-6229 or Angela Green at 214-320-4432, if needed. Sincerely, 4/Afthzd , Melanie B. Ye ng, . District Transportation Operations Engineer Attachments THE TEXAS PLAN REDUCE CONGESTION•ENHANCE SAFETY•EXPAND ECONOMIC OPPORTUNITY•IMPROVE AIR QUALITY PRESERVE THE VALUE OF TRANSPORTATION ASSETS An Equal Opportunity Employer 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 to inside the City which is in accordance with Section 25.11, Texas Administrative Code. Within the City, 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. 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 performed as hereinafter set forth, it is agreed as follows: CONTINUOUS LIGHTING 1 of 5 8 -01 SC(100) - CMO(100)(SL) Dallas District 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 consent 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 with the date construction of the lighting system is completed and accepted CONTINUOUS LIGHTING 2 of 5 8 -01 SC(100) - CMO(100)(SL) Dallas District 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. The governmental parties to this agreement will make their best efforts to resolve any disputes between themselves in an effective and efficient manner and in the public interest. F. The City shall comply with all federal, state, and local laws, statutes, CONTINUOUS LIGHTING 3 of 5 8 -01 SC(100) - CMO(100)(SL) Dallas District 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 the within subject matter. 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. CONTINUOUS LIGHTING 4 of 5 8 -01 SC(100) - CMO(100)(SL) Dallas District IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. CITY OF COPPELL APPROVED AS TO FORM: City Attorney By: City Manager By: 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: CONTINUOUS LIGHTING 5 of 5 8 -01 SC(100) - CMO(100)(SL) Dallas District