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Texas Department of Transportation
P.O. BOX 133067 • DALLAS, TEXAS 75313-3067 • (214) 320-6100
January 10, 2003
Safety Lighting
Location: SH 121 with Denton Tap Road
City of Coppell
Dallas County
Mr. Jim Witt
City Manager
City of Coppell
PO Box 9478
Coppell, Texas 75019
Dear Mr. Witt:
We are forwarding you an original fully executed Agreement for Construction, Maintenance
and Operation of Safety Lighting Systems for the above location.
Feel free to contact Ms. Melanie Young, P.E., at (214) 320-6229, if needed.
Sincerely,
Terry M. Sams, P.E.
Director of Transportation Operations
Attachments
~ An Equal Opportunity Employer
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 TRAVIS §
THIS AGREEMENT, is made by and between the State of Texas, acting through the Texas
Department of Transportation, hereinafter called the "State," the City of Cop~ell ,
Dallas County, Texas, hereinafter called the "City," acting by and through its duly
authorized officers.
WITNESSETH
WHEREAS, in order to provide a more adequate facility to the traveling public, the
construction, maintenance, and or~eration of certain safety lighting systems is required within the
corporate limits of the City. 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 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, maintain and operate
said lighting systems, subject to the conditions and provisions stated herein, as provided for in 43
Texas Administrative Code § 25.11 and Transportation Code § 221.002.
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:
SAFETY LIGHTING 1 of ? 3-02
BLANKET (SM,CP) Dallas District
1. 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 signatw~es of duly authorized City officers in the spaces provided on the title
sheet of plans containing the following notation:
"Attachment No. to special AGREEMENT FOR
CONSTRUCTION, MAINTENANCE, AND OPERATION OF
SAFETY LIGHTING SYSTEMS WITHIN MUNICIPALITIES,
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."
h. Al] 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. 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 t~vo 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
SAFETY LIGHTING 2 of 3 3-0Z
BLANKET (SM,CP) Dallas District
agreement will terminate.
d. 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 contras-t period.
e. 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.
IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of
the agreement.
CITY OF LL
By:
Signature)
_ I
(Printed Name)
~av~a a /~
(Title}
~~
(Dat )
1'NI: 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:
Date:
SAFETY LIGHTING 3 of 3 3-02
BLANKET {SM,CP) Dallas District