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R2008-076 2008-05-19 RESOLUTION NO. R2008-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE RELOCATION AND MAINTENANCE OF MAST LIGHTS ALONG SH 288. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Agreement by and between the City of Pearland and the Texas Department of Transportation, a copy of which is attached hereto as Exhibit"A"and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Agreement with the Texas Department of Transportation, for the relocation and maintenance of mast lights along SH 288. PASSED, APPROVED and ADOPTED this the 19th day of ay, A.D., 2008. TOM REID MAYOR ATTEST: F G R#UNG Y S RETAR o f APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY • A = • r d a • • • AGREEMENT FOR CONSTRUCTION,MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS WITHIN A MUNICIPALITY CITY OF PEARLAND • STATE OF TEXAS § • COUNTY OF TRAVIS § THIS AGREEMENT, dated this day of ,20 , 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 Pearland , Brazoria County, Texas, acting by and • through its duly authorized officers under an ordinance or resolution passed the day of ,20 ,hereinafter called the"City;"party of the second part,is • made to become effective when fully executed by both parties. 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 • freeways and expressways as defined in Section 25.11,Texas Administrative Code. • Within the City, said continuous 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 Section 25.11, • • • CITY OF PEARLAND 1 of 6 • 7-00 • CSJ 0598-02-042 e Texas Administrative Code and Article 6673b,Vernon's Texas Civil Statutes, will maintain and 9perate 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: 1 . • 1. CONSTRUCTION RESPONSIBILITIES A. The City will prepare or provide for the plans and specifications. The State 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 City will submit plans and specifications of the proposed work to the State for review.The City's consent to be signified by the signatures of duly • authorized City officers in the spaces provided on the title sheet of plans containing the • i • • following notation: • "Attachment No. to special AGREEMENT FOR - I CONSTRUCTION,MAINTENANCE,AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS WITHIN A MUNICIPALITY, (BLANKET),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." • . - - 2 of 6 ' 7-00 CITY OF PEARLAND , CSJ 0598-02-042 . - • • I • 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 lighting system as designated by the State. The City further agrees to maintain and - i • operate the lighting system in an efficient and sightly condition,in accordance with NEC • Code, 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 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 shall obtain approval of the Executive Director 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. • - • { CITY OF PEARLAND 3 of 6 7-00 CSJ 0598-02-042 . • 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 j 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 i .both parties within the contract period. CITY OF PEARLAND 4 of 6 7-00 CSJ 0598-02-042 • • . . a a • I • • 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 betweenthe 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. • • • • CITY OF PEARLAND 5 of 6. 7-00 • CSI 0598-02-042 • • • • • IN WITNESS WHEREOF,the parties have thereunto affixed their signatures,the City of Pearland on the day of , 20 and the Texas Department of Transportation on the day of • 2 ' • • • ATTEST: • THE STATE OF TEXAS • CITY OF:_Pearland, Texas • Executed by and approved for the Texas Transportation Commission By: • for the purpose and effect of activating and/or carrying out the • • orders, established policies or work (Title of Signing Official) programs heretofore approved and authorized by•the Texas • Transportation Commission. (Date) • APPROVED:. • By: District Engineer District Date: • • • • • . • • • • • • - I • CITY OF PEARLAND 6 of 6 7-00 • CSJ 0598-02-042 • • • • • INDEX OF SHEETS STATE TE OF TEXAS "fi I {i • SEE SHEET 2 FOR DETAILED INDEX OF SHEETS DEPARTMENT OF TRANSPORTATION • "" TEXAS �"12 a BRAZRURIA • fff . 059B 02 a7 19120e PLANS OF PROPOSED • STATE HIGHWAY IMPROVEMENT DESIGN SPEEDS FRONTAGE ROADS • 45 MPH • . FEDERAL AID PROJECI. RAMP • 50 MPH • SH 288 ADT C20081 FRONTAGE ROADS • 9400 MAINLANES • 69.100 NORTHBOUND AND SOUTHBOUND FRONTAGE ROADS ADT C20261 FRONTAGE ROADS • 13700 MAINLANES • 100,200 . BRAZORIA COUNTY • - CSJ N0. 0598-02-042 ��. LTMITSI FM 518 TO FM 2234 _����� , ■ r .CSJI 0598-02-042 NET LENGTH OF ROADWAY • 8617.60 FT ••I.632 MI i�' r NET LENGTH OF BRIDGES • 200.00 FT • 0.037 MI• 1 NET LENGTH OF PROJECTI 8817.60 FT • 1.669 MI .Cipa � FOR THE CONSTRUCTION OF THE WIDENING OF A NON-FREEWAY FACILITY CONSISTING : AI� � r OF GRADING. STRUCTURES. BASE AND PAVEMENT. 'n1,7 BEGIN PROJECT q �ry ;- STA 2679+67.00 N- . V ,?Tf lu REF MRK • t • Y.. • 'cc - 1 L4irc NBI■ wre 0 T^F I- P OJECT SITE i SLOUGR lit • Zw r 12-020-0-0598-02-455 e7 wZ I m� I, 5w I ; @ SB FRTG RD 0,�/T�,., �W-.:•;.; ;t/,' :, Olt a �f ' r U ,.' C1 EX 1ST ROW. Q SH 288 E • / I- G� { rv� �1 Y� 1..�y N1 _ 11z '_...ram• ` '' -• T— _G;1= L�Z� VICINITY MAP ., - Eg - -Ij.•L " x L—EX 1ST ROWS ''• �(��., _ . 1., (—'�! I, N Ts q;o NB FRTG RD- Ic 1i' �'�` ' 7 1 z Tncl END PROJECT Ak5 9ncu •lmxa. F. N • 1 NBI• w STA 2768+44.00 cm-.1 l 12-020-0-0598-02-456 =x REF MRK r;•"' x a Y.Z X. wii' . OTT of PEdfRAIO a . 6 3 ®mm Texas&parker!of Transportation A ©z00T 9 BY TEXAS ALL DEPARTMENT Of RESERVE TRANSPORTATION. IR SPECIFICATIONS ADOPTED BY THE TEXAS DEPARTMENT OF • TRANSPORTATION,JUNE I.2004 AND SPECIFICATION ITEMS -y LISTED AND DATED AS FOLLOWS.SHALL GOVERN ON THIS PROJECT. REOUIRED CONTRACT(FORM CTB►R1VIS!MARCH FEDERAL-AID CONSTRUCTION CONTRACTS I ALLI SUBMTTED FOR APPROVAL. -I I APPROVED FOR LETTING. O OTHON • TOTE. C.COnwLTnG MMMEERS AREA ENONEER INRELTOA.iflAFFN:OPERATIONS DIVISION CIM.ON*5C...XAn.E.Mmnrner9R.OM 6 I.ALL BEARINGS AND COORDINATES SNO07 HEREON ARE BASED ON THE TEXAS"'"�� II013{Op,'DI n012 STATE FLARE COORDINATE SYSTEM CHAD NB. I9BS ADJUSTMENT/. SOUTH . • y CENTRAL ZONE. ALL DISTANCES APO COORDINATES SHUNARE SURFACE AM) EXCEPTIONS,NONE 8 8 MAY BE CONVERTED TO GRID BY A COMBINED ADJUSTMENT FACTOR RECOIpVEIOE➢-F011 LEiiNW APPROVED FOR LETTING.ai I.00015. EOwT10PW NONE • PPRAILROAD CROSSINGS. NONE It�- 2.ALL ELEVATIONS SHORN H BB.EREON ARE BASED ON NINON. BRIDGES'2 DISTRICT EN@IEEII LIAECTOH.DESIGN DIVISION • • Air Texas Department of Transportation P.O.BOX 1386•HOUSTON,TEXAS 77251-1386•(713)802-5000 February 6,2008 CONTACT:TB Illumination Agreement SH 288: FM 2234(McHard Rd.)to FM 518 CSJ:.0598-02-042 Brazoria County • Mr.Danny Cameron Director of Public Works City of Pearland 3519 Liberty Dr. Pearland,Texas 77581 Dear Mr. Cameron: The above project is currently being designed and includes a continuous high mast lighting system. In this project, several high mast lights will be relocated within the Pearland City Limits. The attached agreement would allow the Texas Department of Transportation (TxDOT) to construct the continuous illumination systems within the city limit as prescribed in the Advanced Funding Agreement, Exhibit A, Resolution 2006-134, 08/28/06. A copy of the Title Sheet and the AFA are attached. The City of Pearland will be responsible for the maintenance and operation of these lights at the completion of the construction. The agreement must be accompanied either by a resolution or ordinance passed by the city. Please return two original copies of the agreement to TxDOT, and this office will return the completed copy once it is executed by the District Engineer. Should you have any questions concerning this matter,please contact Mr.Kenneth Walker at(713) 802-5875. Sincerely, 41• :11 L. • 41.4 Sylves er E. Onwas,P.E. District Traffic Engineer Houston District SEO:kw:ks Attachments cc: Mr.Kenneth Walker An Equal Opportunity Employer � I _ i ..._..0 _.i 5 _,,., _ Av., b,, ,... Ili -kr `,„. i _. .• A},tEo 5T ,. „ y i 1 ` 1 SU N '! �� �,�, � NNYSIDE L i, OXFORD DR I "•x _• ' • r. LAl OST ; 4, kV. r }KILLER RANCH RDA �7�I .• ,„„R3ATE DR i -• D r~ .t ,..t !., a ' ..1, 'lc s Z A '� io ; t'j tyD}t K11.14. -; - Z a ti-, Rt ''• SANt 4�'v,;ALK; O I • 1• • , '. n 't t ' A - 1'a'. d►! .�ik '" COURS., X. Tom..oe. - :i.! N W'AY i '.,"Ain `t' HEWN ROCK a. • 5. T. '.--` ;_ 'r'� .. A??IA FAIR f7A� t,` ��t „ WUOTEN RD .111 ri likilititit z IA DR mS 1 !� '� %RI•itB ry` 1 W SROV.?TON DR 1 F t { �� ',' r i ONTRYPLACt KVa 1i. �� ! — - - CR 94 1 .1, , P> as S1ti1ITH RANCH RD 4 � Y RAMP _ eEi Hs. , ", s 1 " zap�.4N1P9 aw T ,to .y a2I aez +na s esi i - y„,:rit , \* ? r BJINESS CENTER DR • 1.- O • - • ,�;� •y44•• �-• 3 j Q 4 3 1 SA ILWIN ST '' ` -• _5- • r ' NtDDiNGAN°iNG • z I. -.vI .,, ', ,f :%'%.` . 4 ' Ile �! .e 5�+. a �''!t 1 7, ILLUMINATION MAINT. CONTRACT ESTIMATE - South - 200.8 2 Years No. ITEM UNIT No. Used Total OF WORK Last Cost 1 REPLACE ROADWAY ILLUM ASSEMBLY EA 65 $950.00 $61,750.00 2 INSTALL NEW LUMINAIRE FOUNDATION EA 20 $1,275.00 $25,500.00 . REMOVE EXISTING LUMINAIRE FOUNDATION EA 20 $750.00 $15,000.00 REPLACE TRANSFORMER BASE Only EA 20 $790.00 $15,800.00 3 REPLACE TRANSFORMER BASE COVER EA 25 $145.00 $3,625.00 4 BORING UNDER ROADWAY FT 500 $24.00 $12,000.00 . 5 REPLACE HI-MAST ILLUM.FIXTURE.ASBLY-400W EA 15 $450.00 $6,750.00 6 REPLACE HI-MAST ILLUM.FIXTURE ASBLY-1000W EA 15 $875.00 $13,125.00 7 REPLACE ROADWAY ILLUM.FIXTURE ASSEMBLY EA 450 $400.00 $180,000.00 8 REPLACE WALLPACK ILLUMINATION FIXTURE ASBLY EA 100 $375.00 $37,500.00 - 9 REPLACE AVIATION WARNING FIXTURE ASBLY EA 450 $120.00 $54,000.00 10 REPLACE LUMINAIRE LAMP • EA 1200 $75.00 $90,000.00 11 REPLACE FUSE • EA 1000 $25.00 $25,000.00 12 REPLACE FUSE HOLDER(INCLUDING FUSE) EA • 300 $73.00 $21,900.00 - 13 SCHEDULED PREVENT MAINT(HIGH MAST LTG) EA 200 $300.00 $60,000.00 14 REPLACE LUM LAMP(HIGH MAST.LIGHTING). • EA 2000 $50.00 $100,000.00 - 15 REPL AVIATION WARNING LAMP (HIGH MAST.LTG) EA 600 $28.00 $16,800.00 - 16 REPLACE BALLAST(HIGH MAST:LIGHTING). : EA 400 $325.00 $130,000.00 17 Replace CONDUIT-ATTACHED TO STRUCT-2" , FT 500 $16.00 $8,000.00 _ 18 Replace CONDUIT-ATTACHED TO STRUCT-1 1/2" FT 250 $14.00 $3,500.00 19 INSTALL PHOTO-ELECTRIC CELL EA 50 $80.00 $4,000.00 20 REPLACE ELECTRIC SERVICE-TYPE'A'-100 A EA 10 $4,500.00 $45,000.00 21 REPLACE ELECTRIC SERVICE-TYPE'A'-60 A EA 10 $4,000.00 $40,000.00 . 22 INSTALL GROUND BOX(TY 1) EA 50 $600.00 $30,000.00 1----k. 23 RAISE AND LOWER RING(HIGH MAST LIGHT). • . .. EA 80 $175.00 $14,000.00 24 REPLACE TIMBER ELEC POLE EA 5 $770.00 $3,850.00 25 REPLACE STEEL ELEC SERVICE POLE W/FND EA 20 $1,175.00 $23,500.00 26 REPLACE ILLUMINATION MASTARM EA 5 $235.00 . $1,175.00 27 REPLACE DUCT CABLE-(2 NO.6 1 NO.8) FT 3000 . $8.50 $25,500.00 28 ADD OR REPLACE CONDUCTOR(1-C NO.2) FT 2000 $3.50 . $7,000.00 29 ADD OR REPLACE CONDUCTOR(1-C NO.6) FT 20000 $3.00 $60,000.00 30 ADD OR REPLACE CONDUCTOR(4-C NO.12) FT 2000 $4.00 $8,000.00 31 Add Or Replace Conductor(3-C NO 8)Type W-With Mesh Reinforcing EA 50 $40.00 $2,000.00 32 UNDERGROUND SPLICE EA 200 $275.00 $55,000.00 33 REPLACE UNDERGROUND CONDUIT-2" FT 2500 $8.75 $21,875.00 34 REPLACE HANDS-Off SWITCH EA 10 $190.00 $1,900.00 35 REPLACE FUSED DISCONNECT SWITCH EA 5 $715.00 $3,575.00 36 REPLACE ELECTROMAGNETIC CONTACTOR-60 A EA , 5 $400.00 $2,000.00 37 REPLACE ELECTROMAGNETIC CONTACTOR-100 A EA 5 $673.00 $3,365.00 38 REPLACE ELECTROMAGNETIC CONTACTOR-200 A EA 5 $1,306.00 $6,530.00 39 REPLACE METER BASE EA 5 $325.00 $1,625.00 40 REPLACE BREAKER-Less than 100 A EA 15 $350.00 $5,250.00 41 REPLACE BREAKER-More than 100 A EA 20 $475.00 $9,500.00 , 42 Replace Lamp Socket EA 20 $70.00 $1,400.00 • 43 Replace Control Transformer EA . 30 $275.00 $8,250.00 , 44 Replace Hubble Cord Connector Cap EA 50 $145.00 $7,250.00 45 Replace Safety Chain EA 5 $105.00 $525.00 -- 46 Replace Ground:.Rod-: °::' .;':.,..,: ,']:`:::::;:`-.? : :::;::::.- `:,`: ' EA 20 $200.00 $4,000.00 o Total $1,276,320.00 •