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R2006-099 06-26-06 RESOLUTION NO. R2006-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING, INSTALLATION AND MAINTENANCE OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract with 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 Council hereby authorizes the City Manager or his designee to enter into an agreement with the Texas Department of Transportation for the furnishing, installation and maintenance of traffic signal preemption equipment. PASSED, APPROVED and ADOPTED this the 26th day of June, A.D., 2006. ~~.)>4 TOM REID MAYOR ATTEST: APPROVED AS TO FORM: D~t\.~ DARRIN M. COKER CITY ATTORNEY Resolution 2006-99 6/26/06 THE STATE OF TEXAS THE COUNTY OF TRAVIS ~ 9 AGREEMENT FOR THE FURNISHING, INSTALLING AND MAINTENANCE OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT 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 Pearland, hereinafter called the "City", acting by and through its duly authorized officers. WITNESSETH WHEREAS, the State owns and maintains a system of highways and roadways in the City of Pearland pursuant to Transportation Code, Section 201.103; and WHEREAS, the City or its contractor has requested to install emergency vehicle preemption systems at the locations listed on Exhibit A; WHEREAS, the State and the City are in agreement that the proposed systems will be installed; 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: AGREEMENT ARTICLE 1. CONTRACT PERIOD This agreement becomes effective on final execution by the State and shall remain in effect as long as said traffic signal preemption equipment is in operation at the described locations. ARTICLE 2. TERMINATION This agreement may be terminated by one of the following conditions: 1) By mutual agreement of both parties; 2) By the State giving written notice to the City or its contractor as consequence of failure by the City or its contractor to satisfactorily perform the services and obligations set forth in this agreement, with proper allowances being made for circumstances beyond the control of the City or its contractor; 3) By either party upon thirty (30) days written notice to the other. ARTICLE 3. COMPENSATION No compensation shall be paid for this agreement. ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL A. The City or its contractor will use labor and supervisory personnel employed directly by the City or its contractor, and use City owned or its contractor owned machinery, equipment, and vehicles necessary for the work. In the event that the City or its contractor does not have the machinery, equipment, and vehicles necessary to perform the work, the machinery, equipment, and vehicles may be rented or leased as necessary. B. No reimbursement shall be paid for any materials supplied by the City or its contractor. All materials shall be new and undepreciated stock. TRF- TRF TSPEA Page 1 of 4 Revised 9/21/05 Contract No C. Any necessary changes to the existing signal required to install the preemption system will be at the City's expense. D. If it becomes necessary to adjust, replace or reinstall the preemption system due to reconstruction of the intersection or upgrading of the signals, it shall be done by the City at City expense. ARTICLE 5. INSPECTION OF WORK A. The State shall make suitable and complete inspection of all materials, and equipment, and the work of installation to determine and permit certification that the components meet all applicable requirements and are in suitable condition for operation and maintenance by the City or its contractor after its completion. All components of the system will be subject to random testing and inspections by the State. . B. The City or its contractor will provide opportunities, facilities, and representative samples, as may be required, to enable the State to carry on initial and random inspections of all materials and application methods; sufficient to afford determination and certification by the State that all parts of the installation and the component materials comply with the State standards and specifications. The State will promptly notify the City or its contractor of any failure of materials, equipment, or installation methods, and the City or its contractor will take such measures necessary to obtain acceptable systems components and installation procedures without delay. ARTICLE 6. RESPONSIBILITIES OF THE PARTIES The parties 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 well as the acts and deeds of its contractors, employees, representatives and agents. State shall not be held responsible for the operation (or non-operation) of the preempt equipment, or for any effect it may have on emergency vehicle response. ARTICLE 7. DE-ACTIVATION OF THE PREEMPT SYSTEM The State reserves the right to disconnect the preempt system from the traffic signals should any problem arise affecting the State including that the State has determined that the preemption is being abused. The State will notify the appropriate City office of the de-activation of the preempt system. Upon correction of the problem the preempt system would be re- connected. ARTICLE 8. PREEMPTION INSTALLATION REQUIREMENTS The City or its contractor shall furnish and install an aluminum lockable cabinet for the preemption system equipment. The preemption cabinet shall be attached to the State's traffic signal cabinet by means of a two (2) inch Myer's hub supplied by the City or its contractor. The City or its contractor will furnish and install a Cannon type disconnect plug between the State's traffic signal cabinet and the preemption cabinet. The State will furnish 120 volts AC power to the preemption cabinet for all auxiliary equipment. All transformation of power shall take place within the preemption cabinet. The State will allow the preemption equipment to monitor all outgoing green traffic signal indications. The preemption equipment will supply a maximum of four preemption inputs. ARTICLE 9. REPORTS Upon written request, the City will be required to supply the State with a list of preemptions. The list shall show date, time, intersection, direction, and duration of each preemption and vehicle identification information of the emergency vehicle requesting each preemption. TRF-TRF _ TSPEA Page 2 of 4 Revised 9/21/05 Contract No ARTICLE 10. REMEDIES Violation or breach of contract terms by the City or its contractor shall be grounds for termination of the agreement, and any increased cost arising from the City or its contractor's default, breach of contract, or violation of terms shall be paid for by the City or its contractor. This agreement shall not be considered as specifying the exclusive remedy for default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. If at any time, the City or its contractor fails to assume the maintenance and operations responsibilities for the preemption systems in a satisfactory manner as determined by the State, the State reserves the right to arrange for maintenance and operations at the expense of the City or its contractor. The State shall contact the appropriate City authority prior to the arrangement for alternative maintenance. ARTICLE 11. INSURANCE The City shall provide necessary safeguards to protect the public on State-maintained highways including adequate insurance for payment of any damages which might result during the construction, maintenance and operation of the preemption equipment, and to save the State harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so. Prior to beginning work on the State's right-of-way, the City's construction contractor shall submit to the State a completed insurance form (Exhibit "A") and shall maintain the required coverage during the construction of all work associated with this agreement. ARTICLE 12. SUBLETTING The City or its contractor shall not sublet or transfer any portion of its responsibilities and obligations under this agreement unless specifically authorized in writing by the State. In the event the City or its contractor enters into subcontracts, the subcontractors must adhere to the provisions of this agreement. ARTICLE 13. SUCCESSORS AND ASSIGNS The City or its contractor shall not assign or otherwise transfer its rights or obligations under this agreement except with the prior written consent of the State. ARTICLE 14. LEGAL CONSTRUCTION In case anyone or more of the provisions contained in this agreement shall for any reason be held to be 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. ARTICLE 15. INSPECTION OF CITY'S BOOKS AND RECORDS A. 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. B. 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 TRF-TRF _ TSPEA Page 3 of 4 Revised 9/21/05 Contract No with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 16. NOTICES All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: City: State: The Honorable Tom Reid Mr. Gary K Trietsch, P.E., District Engineer Mayor, City of Pearland Texas Department of Transportation 3519 Liberty Drive Pearland, Texas 77581-5416 P. O. Box 1386 Houston, Texas 77251-1386 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. ARTICLE 17. GOVERNING LAWS AND VENUE This agreement shall be construed under and in accordance with the laws of the State of Texas. Any legal actions regarding the parties' obligations under this agreement must be filed in Travis County, Texas. ARTICLE 18. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting within the subject matter. IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of this agreement. THE CITY OF PEARLAND Executed on behalf of the City by: By ;d# Date June 28, 2006 Typed or Printed Name and Title Bill Eisen. City Manager 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 authOiized by the Texas Transportation Commission. ~y~-~~. ~.. ~ Hous istricl E - gineer (]~ . I Date-=r1ZA l D ~ TRF-TRF TSPEA Page 4 of 4 Revised 9/21/05 EXHIBIT A LOCATIONS SH 35 @ DIXIE FARM ROAD SH 35 @ OILER DRIVE SH 35 @ PEARLAND HIGH SCHOOL SH 35 @ JOHN LIZER SH 35 @ WALNUT SH35@FM518 SH 35 @ ORANGE SH 35 @ ENTRANCE TO W ALMART SH 35 @ MCHARD SH 35 @ KNAPP SH 35 @ COLE'S FLEA MARKET FM 518 @ SH 288 FM 518 @ COUNTY ROAD 94 (W)/SMITH RANCH ROAD FM 518 @ SILVER LAKE VILLAGE/ENTRANCE TO W ALMART FM 518 @ COUNTY ROAD 94 (E)/ENTRANCE TO HOME DEPOT FM 518 @ COUNTY ROAD 93/MILLER RANCH ROAD FM 518 @ COUNTY ROAD 90/SIL VERLAKE FM 518 @ SUNRISE BOULEVARD/COUNTY ROAD 666 FM 518 @ FM 865/CULLEN BOULEVARD FM 518 @ COUNTY ROAD 89 FM 518 @ FM 1128 FM 518 @ HARKEY/O'DAY FM 518 @WOODY/CORRIGAN FM 518 @ MCLEAN FM 518 @MYKAWAROAD FM 518 @ N. GALVESTON STREET FM 518 @ OLD ALVIN ROAD FM 518 @ WALNUT/BARRY ROSE FM 518 @ SHERWOOD FM 518 @ WESTMINISTER FM 518 @ PEARLAND PARKWAY FM 518 @ LIBERTY FM 518 @ YOST BOULEVARD FM 518 @ WOOD CREEK FM 518 @ ENTRANCE TO W ALMART FM 518 @ DIXIE FARM ROAD FM 518 @ WINDING/SUNSET MEADOWS FM 865 @ COUNTY ROAD 403/HUGHES RANCH ROAD FM 1128 @ COUNTY ROAD 91/FITE ROAD Texas Department of Transportation P.O. BOX 1386•HOUSTON,TEXAS 77251-1386• (713)802-5000 June 6, 2006 CONTACT:TRF ENG Brazoria County Control 3416-1 FM 518 at Silverlake Parkway/County Road 90 Mr. Mike Hodge, P.E. Assistant City Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77581-5416 Dear Mr. Hodge: A commercial development is proposed on the north side of FM 518 across from existing County Road 90. A part of this development will include the extension of County Road 90 called Silverlake Parkway. Plans are being prepared by the developer to replace the existing traffic signal at the subject location in order to accommodate the proposed extension. There are emergency vehicle preemption devices attached to the existing traffic signal that were previously installed by the City of Pearland. It will be the City's responsibility to remove the preemption devices prior to salvaging the existing signal system by the signal contractor. Once • the traffic signal system has been replaced, it will be the City's responsibility to reinstall and maintain the preemption devices, provided the City chooses to continue the emergency preemption operation at this location. An agreement must be executed between the City of Pearland and the State prior to the removal and reinstallation of the preemption devices. In addition to the subject location, this agreement covers all existing and future installation of emergency preemption devices on traffic signals along the State highway system in the City of Pearland. The existing locations are shown on "Exhibit A"of the Agreement. Attached for your consideration are three copies of the State's standard Agreement for the Furnishing, Installing and Maintenance of Traffic Signal Preemption Equipment. If the agreement is acceptable, please execute and return two copies to this office. An Equal Opportunity Employer • Mr. Mike Hodge,P.E. June 6, 2006 Page 2 Please note that the proposed signal installation at FM 518 and Silverlake Parkway/County Road 90 will include a spare two inch (2") conduit for your use in reinstalling the preemption device cable. This will allow you to keep the preemption cable separate from the traffic signal cable. It will also reduce the risk of damage to traffic signal cable that could occur by installing proposed cable in the conduit system where cables already exist. One copy of the Agreement will be returned to you upon completion by the State. If you have any questions,please contact me at (713) 802-5171 or Mr. Ben Bartos at (713) 802-5850. Sincerely, Sqi t•61,) S. 67),►A„:-�-; e • 'b(LS ally G. Wegmann, P.E. Director of Transportation Operations Houston District Attachments cc: Ms. Sally G. Wegmann, P.E. Mr. Ben Bartos Ar Texas Department of Transportation P.O. BOX 1386•HOUSTON,TEXAS 77251-1386• (713)802-5000 July 24, 2006 CONTACT:TRF ENG Completed Agreement for the Furnishing, Installing and Maintenance of Traffic Signal Preemption Equipment in the City of Pearland Mr. Danny Cameron Director of Public Works City of Pearland 3501 East Orange Street Pearland, Texas 77581 Dear Mr. Cameron: Attached for your records is a copy of the completed Agreement for the Furnishing, Installing and Maintenance of Traffic Signal Preemption Equipment on State maintained traffic signals in the City of Pearland. If you have any questions, please contact me at (713) 802-5171 or Mr. Ben Bartos at (713) 802-5850. Any questions regarding the State maintained traffic signals, please contact Mr. Doug Vanover at (713) 802-5661. Sincerely, L..94,5•.1)"D-R Sally G. Wegmann,P.E. Director of Transportation Operations Houston District Attachments cc: Ms. Sally G. Wegmann, P.E. Mr. Ben Bartos Mr. Doug Vanover Mr. Stuart C. Corder, P.E. Mr. Lawrence J. Heckathorn,P.E. An Equal Opportunity Employer