R2008-140 2008-10-27 - T70051RESOLUTION NO. R2008-140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING AN AGREEMENT WITH TXDOT FOR THE
CONSTRUCTION, MAINTENANCE AND OPERATION OF STREET
LIGHTS FOR CULLEN PARKWAY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract associated with the Cullen Parkway Project, 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 a contract associated with the Cullen Parkway Project.
PASSED, APPROVED and ADOPTED this the 27'h day tober, A.D., 2008.
REID
MAYOR
ATTEST:
~ . ~~p,RL~{;yQ,.
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UNG RFI G, M '~
TY S RETARY
APPROVED AS TO FORM:
~~,.--
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2008-140
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF 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 andnnthrough its duly authorized officers under an
ordinance or resolution passed the ~~day of (J , 20~, hereinafter
called the "City," party of the second part, is made to become effective when fully executed
by both parties.
WITNESSETH
WHEREAS, the State contributes financial aid in the construction, maintenance and
operation of a highway lighting system as defined in Section 25.11, Texas Administrative
Code. Within the City, said lighting system hereinafter referred to as the "lighting system" is
to consist of 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, Texas
Administrative Code and Article 6673b, Vernon's Texas Civil Statutes, will maintain and
operate said lighting system.
BLANKET AGREEMENT l of 6 09-08
CITY OF PEARLAND
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. 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 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 signatures 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
HIGHWAY LIGHTING SYSTEMS WITHIN
A MUNICIPALITY, dated ~ ~r-~ p$
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."
BLANKET AGREEMENT 2 of 6 09-08
CITY OF PEARLAND
B: All costs of constructing the standard lighting system will be borne by the State.
Ornamental poles or other amenities as desired by the City, will be furnished by the City for
approval by the State. All work, including work to be done by the representatives of the City,
will be in accordance with the National Electric Code and State Standard.
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 operate
the lighting system in accordance with the National Electric Code and State Standard, 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 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. If High Mast
Illumination poles are used, the State will provide one drive motor-drill for the power drive
assembly to the City to be used for the maintenance and inspection of High Mast
Illumination poles.
BLANKET AGREEMENT 3 of 6 09-08
CITY OF PEARLAND
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.
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.
BLANKET AGREEMENT 4 of 6 09-08
CITY OF PEARLAND
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
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.
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.
BLANKET AGREEMENT 5 of 6 09-08
CITY OF PEARLAND
IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, the
City of Pearland on the 27th day of October , 20~, and the Texas
Department of Transportation on the day of , 20
ATTEST:
THE STATE OF TEXAS
CITY OF P R Executed by and approved for the
Texas Transportation Commission
BY~ l for the purpose and effect of
Bi 11 Eisen activating and/or carrying out the
City Manager orders, established policies or work
(Title of Signing Official) programs heretofore approved and
authorized by the T xas
October 27, 2008 Tr nsportation Cow 'Sion.
(Date)
AP
By: l~ ~- - / --------
District Engineer '
~r~s ~~~ District
Date: f / f ~~
BLANKET AGREEMENT 6 of 6 09-08
CITY OF PEARLAND
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,Texas Department of Transportation
P.O. BOX 1366 • HOUSTON, TEXAS 77251.1386 • (713) 802-5000
October 7, 2008
CONTACT: TE
Blanket Lighting Agreement
CSJ: 0976-02-085
Brazoria County
Mr. Skipper Jones
Project Manger
City of Pearland -
3519 Liberty Drive
Pearland, Texas 77581-5416
Dear Mr. Jones;
A roadway widening project at FM 865 is currently being designed and includes installation of a
light system. The Texas Administrative Code: Title 43, Section 25.11, defines that all lighting
projects within the city limit, requires financial cooperation of the City. The Texas Department
of Transportation (TxDOT) Houston district requires a city, with more than 50,000 populations,
to operate and maintain the lighting systems within their city limits.
The attached Agreement would allow the TxDOT to construct lighting systems with the city
limit at our cost: A copy of the proposed plans for this project~is attached. The City of Pearland
would be responsible for the maintenance and operation of these lights at the completion of
construction. The Agreement must be accompanied either by a Resolution or an Ordinance
passed by the City.
Please return two {2) original copies of the Agreement and we will return to you the completed
copy once it is executed by our District Engineer. Information for electrical energy consumption
may be obtained from Ms. Chin Tsen of our Accounting Section at (713) 802-5125.
Should you have any questions, please contact me at (713) 802-5831 or Mr. Rogelio R. Rubico
at (713} 802-5856.
Sincerel
~ •~
~.~
Sylves er E. Onwas, P.E.
District Traffic Engineer
Houston District
Attachments
cc: Mr. Lawrence J. Heckathorn, P.E.
Ms. Elvia R. Cardinal, P.E.
Ms. Chin Tsen
Arr Equal Opportunhy Employer