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County Lamar
<br />Location
<br />STATE OF TEXAS
<br />COUNTY OF TRAVIS §
<br />LANDSCAPE PARTNERSHIP PROGRAM
<br />FOR GOVERNMENTAL ENTITIES
<br />THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of
<br />Transportation, hereinafter called the "State" or "TxDOT," and the Citv of Paris, Texas acting by and through its duly
<br />authorized officials as evidenced by Resolution or Ordinance, dated December 12, 2011, which is attached to and
<br />made part of this contract, hereinafter called the "Local Government."
<br />WITNESSETH
<br />WHEREAS, Transportation Code, Chapter 201 and Transportation Code, Chapter 221 authorizes the State to lay
<br />out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway
<br />System; and,
<br />WHEREAS, Title 43, Texas Administrative Code, §§2.67, Landscape Partnership Program, allows private
<br />businesses, civic organizations, and local governments an opportunity to support the aesthetic improvement of the
<br />state highway system by donating the project development, establishment, and maintenance of a landscaped
<br />section of the state highway system upon approval of the State.
<br />WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said
<br />improvement by funding that portion of the improvement described as landscape development, hereinafter called
<br />the "ProjecY"; and,
<br />WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; and
<br />NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties
<br />hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government
<br />do agree as follows:
<br />AGREEMENT
<br />ARTICLE 1. TIME PERIOD
<br />A. This agreement becomes effective when signed by the last party whose signing makes the agreement fully
<br />executed and shall terminate on December 12, 2016 or unless terminated in accordance with Article 10. This
<br />agreement may be renewed in writing by mutual agreement of the parties for two additional five year terms after
<br />the expiration of the initial term of the contract.
<br />B. At the end of the agreement, the Local Government shall restore the State's property to that of its previous
<br />condition unless mutually agreed otherwise. The cost of restoring the property shall be borne by the Local
<br />Government and meet standards in accordance with Article 7.
<br />ARTICLE 2. PROJECT
<br />A. The Local Government agrees to perform the landscape work described in Attachment A, Landscape Plan,
<br />which consists of project design plans, sketches, drawings, notes, estimates, and specifications as required by
<br />the State, and in Attachment B, Work Responsibilities. The project design plan shall be subject to the review
<br />and satisfactory approval by the State prior to installation. No modification to the approved design may be made
<br />without the prior written approval of TxDOT's local District Engineer or the Director of the Design Division.
<br />B. Unless otherwise specifically stated in Attachment B, the State may supervise and inspect all work performed
<br />and provide such engineering inspection services as may be required to ensure that the project is accomplished
<br />in accordance with Attachment A.
<br />C. The Local Government agrees to maintain the landscaping to the State's satisfaction for the period of this
<br />agreement in accordance with Attachment C, Project Work Schedule.
<br />D. The Local Government shall provide, erect, and maintain to the satisfaction of the State any barricades, signs,
<br />and traffic handling devices necessary to protect the safety of the traveling public while performing any work on
<br />the project.
<br />E. All aspects of the project shall be carried out in compliance with applicable federal and state laws and
<br />regulations. The project shall be designed in accordance with Attachment A and with TxDOT's latest policies,
<br />procedures, standards, and guidelines. The Local Government shall award and manage all construction work.
<br />Landscape-Partnership_Govt Page 1 of 8 Rev. 01/22/08
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