R2011-061 - 2011-06-13BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Traffic Signal Reimbursement Agreement by and between
the City of Pearland and the State of Texas, 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 Traffic Signal Reimbursement Agreement with the State of
Texas.
ATTEST:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A TRAFFIC SIGNAL REIMBURSEMENT
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION.
PASSED, APPROVED and ADOPTED this the 13 day of June, A.D., 2011.
YOi IGLO`'�1 ii
CI SEC. TARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
RESOLUTION NO. R2011 -61
a F
T E I D
MAYOR
STATE OF TEXAS
COUNTY OF TRAVIS
AGREEMENT FOR THE
INSTALLATION AND REIMBURSEMENT FOR THE
OPERATION AND MAINTENANCE OF
TRAFFIC SIGNALS WITHIN A MUNICIPALITY
Exhibit "A"
Resolution No. R2011 -61
THIS AGREEMENT is made by and through the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the "State," and the City of
Pearland, hereinafter call the "City," acting by and through its duly authorized officers, as
evidenced by Resolution /Ordinance No. R201 1 61 executed on the 13 day of
June 20 1 1 hereinafter acknowledged by reference.
WITNESSETH
WHEREAS, by virtue of a Municipal Assumption of Operation pnd jVlaintenance Agreement
entered into by the City and the State on the r l4 (9gZ day of
the State has been authorized to maintain certain highway routes within the City;
and
WHEREAS, from time to time the City requests the State to install traffic signals on certain
highways within the City; and
WHEREAS, in accordance with Texas Administrative Code: Title 43 Texas Administrative
Code Section 25.5, on the 27 day of May, 1987, the State Highway and Public
Transportation Commission, now the Texas Transportation Commission, passed Commission
Minute Order No. 85777, authorizing the State to install, operate, and maintain traffic signals
on:
(a) highway routes not designated as full control of access inside the corporate limits of
cities, having a population less than 50,000 (based on the most recent Federal
Census); and
(b) highways designated as full control of access in all cities; and
WHEREAS, the City has a population of more than 50,000 population according to the latest
Federal Census; and
WHEREAS, the City requests the State to assume the installation responsibilities of the
signalized intersections as shown in Exhibit 1, attached hereto and made a part of this
Agreement; and
WHEREAS, the City agrees to maintain and operate the signalized intersections as shown in
Exhibit 1 provided the State reimburses the City for all maintenance and operations costs at a
flat rate per location as shown on EXHIBIT 3.
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:
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AGREEMENT
Contract No.
Article 1. CONTRACT PERIOD
This Agreement becomes effective when fully executed by the City and the State and shall
remain in force for a period on one year from the date of final execution by the State and shall
be automatically renewed annually for a one year period, unless modified by mutual
agreement of both parties, or terminated as hereinafter provided.
Article 2. CONSTRUCTION RESPONSIBILITIES
A. The State shall prepare or cause to be prepared the plans and specifications, advertise
for bids, let the construction contract, or otherwise provide for the construction of new
traffic signals and /or reconstruction of existing traffic signals (including, at the State's
option, any special auxiliary equipment, interconnect and /or communication material, and
equipment), 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 shall submit plans and specifications of the
proposed work to the City and shall secure the City's consent to construct the traffic signal
prior to awarding the contract. The City's consent shall be signified by the signatures of
duly authorized City officers in the spaces provided on the title sheet of the plans
containing the following notion:
"Attachment No. to "Agreement for the Installation
and Reimbursement for the Operation and Maintenance of Traffic Signals
Within a Municipality," 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"
B. All costs of construction and/or reconstruction of new and existing traffic signals shall be
borne by the State, and the traffic signal system shall remain the property of the State.
Article 3. MAINTENANCE, OPERATION, AND POWER RESPONSIBILITIES
A. The State shall be responsible for all electrical power costs for the operation of the
traffic signals covered by this Agreement and shown on Exhibit 1. Power costs shall be
billed as specified in Exhibit 2, "Traffic Signal Maintenance and Operations Provisions."
B. The City shall provide a trained staff to maintain and operate the traffic signals shown
on Exhibit 1, and the State will reimburse the City at the flat rate shown in Exhibit 3 for
parts and labor. All repairs shall be prioritized based on public safety and made as soon
as possible.
C. The City shall maintain and operate the traffic signals in accordance with the minimum
requirements specified in Exhibit 2. City shall maintain ownership of any and all
equipment installed by the City in /on TxDOT owned equipment.
D. The City shall maintain at least one log of all emergency calls and all routine
maintenance.
E. Routine maintenance shall be performed by the City as specified in Exhibit 2.
Article 4. REIMBURSEMENT TO CITY
A. The maximum amount payable under this Agreement is $8,408.00 per year
"Reimbusement Amount
B. Calculations for the Reimbursement Amount are depicted in Exhibit 3, attached hereto
and made a part of this Agreement.
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Contract No.
C. The addition or deletion of traffic signals not identified in Exhibit 1 shall be made by
supplemental agreement.
Article 5. PAYMENT
A. The State shall pay the Reimbursement Amount to the City at the flat rate shown in
Exhibit 3 for maintenance and operations costs for the traffic signals described in Exhibit
1. The City shall submit to the State Form 132, "Billing Statement," or an invoice
statement acceptable to the State on an annual basis. An original Form 132 or
acceptable invoice and four copies shall be submitted to the following address:
Texas Department of Transportation
P.O. Box 1386
Houston, Texas 77251 -1386
B. The City shall maintain a system of records necessary to support and establish the
eligibility of all claims for payment under the terms of this Agreement. These records may
be reviewed at any time to substantiate the payment by the State and /or determine the
need for an adjustment in the amount paid by the State.
C. The State shall make payments contemplated herein to the City within 30 days from
receipt of the City's request for payment, provided that the request is properly prepared.
D. Knockdowns or damage resulting from an accident or an act of God and which require
emergency replacement of major equipment shall not be included in the
(monthly /quarterly /annual) payments. Eligibility for reimbursement of the actual cost
associated with the emergency replacement of major equipment shall be submitted to the
State for review and determination.
E. Payments associated with for the addition or deletion of a traffic signal installation shall be
made by supplemental agreement.
Article 6. 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.
Article 7. TERMINATION
A. This Agreement may be terminated under any of the following conditions:
(1) By mutual agreement and consent of both parties.
(2) By the State upon thirty (30) days written notice to the City for failure of the City to
provide adequate maintenance and operation services for those traffic signal
installations which the City has agreed to maintain and operate.
(3) By the State upon sixty (60) days written notice to the City that the State will assume
operation and maintenance at the end of the one (1) year period of this contract.
(4) By the City upon one hundred twenty (120) days written notice of the State.
B. In the event this Agreement is terminated by any of the above conditions, the
maintenance and operation of the traffic signal systems shall become the responsibility of
the State. Any State owned equipment being held by the City shall be promptly returned
within 30 calendar days to the State upon termination of this Agreement.
Article 8. SUBLETTING
The City shall not sublet or transfer any portion of the work under this Agreement unless
specifically approved in writing by the State. All subcontracts shall include the provisions
required in this contract and shall be approved in writing by the State.
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Article 9. AMENDMENTS
Changes in the character, costs, provisions, in the attached exhibits, responsibilities, or
obligations authorized herein shall be enacted by written amendment. An amendment to this
Agreement must be executed by both parties.
Article 10. SUCCESSORS AND ASSIGNS
The State and the City bind themselves, successors, assigns, and legal representatives to
the other party to this Agreement and the successors, assigns, and legal representatives of
such other party to all covenants and provisions provided herein. Furthermore, the City shall
not assign, sublet, or transfer any interests in this Agreement without the written consent of
the State.
Article 11. LEGAL CONSTRUCTION
In the case any one 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 12. STATE AUDITOR
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
with access to any information the state auditor considers relevant to the investigation or
audit.
Article 13. DOCUMENTS At the request of the State, the Local Government shall submit any
information required by the State in the format required by the State.
Article 14. PRIOR AGREEMENTS SUPERSEDED
Subject to the Municipal Assumption of Operation and Maintenance Agreement entered into
by the City and the State on the 1 lo' day of `S xr`e
20 11 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 the within subject matter.
IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the
agreement.
THE CITY OF Pearland
Executed on behalf of the City by:
By
Typed or Printed Name and Title Bill Eisen
City Managnr
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Contract No,
Date June 13, 2011
Rev. 05/02/2008
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 her ore approved and authorized by the Texas Transportation
Comm'sse
B Date jto n
Houston District Engineer
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Supplemental Cost Traffic Signal Type R
Contract No,
Rev. 05/02/2008
Traffic control signals on freeway -type highways located in the City of Pearland, Texas.
Diamond Interchange Signals (using a single controller)
1. State Highway 288 at Farm -to- Market Road 518
2. State Highway 288 at Farm -to- Market Road 2234
Roadside Flashing Beacons
(Not Applicable)
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Exhibit 1 Location Traffic Signal Type R
EXHIBIT 1
Page 1 of 1 Rev. 09/18/2006
EXHIBIT 2
TRAFFIC SIGNAL MAINTENANCE AND OPERATION PROVISIONS
The maintaining and operating city agrees to:
1. Unless specifically noted elsewhere in this agreement, the signal timing and
operational phasing shall be the responsibility of the city.
2. Inspect the highway traffic signal system a minimum of once every 12 months and
replace burned out lamps or damaged sockets as may be required. Police, citizen, or other
reports of burned out lamps or other damage, which could jeopardize safety, shall be
repaired or replaced as soon as possible after the report, depending on the nature of the
report. Otherwise, appropriate steps shall be taken to protect the public. The reflector and
lens should be cleaned each time a lamp is replaced. All replacement lamps shall equal the
wattage and type of the existing lamp.
3. Keep signal poles, controller pedestals, and foundations in alignment.
4. Keep signal poles and controller cabinets tight on their foundation(s) or pedestal(s).
5. Keep traffic and pedestrian signal heads aligned and properly adjusted Repair back
plates where needed.
6. Check the controllers, conflict monitors, detector units, relays, pedestrian push buttons,
and detectors a minimum of once every 12 months to ascertain that they are functioning
properly and make all necessary repairs and replacements.
7. Keep interior of controller cabinets in a neat and clean condition at all times.
8. Clean reflectors, lenses, and lamps a minimum of once every twelve months.
9. Repaint all corrosive susceptible highway traffic signal components exposed to weather
with a non -lead based paint as needed in order to maintain a well kept appearance in the
opinion of the Texas Department of Transportation's representative. Plastic signal heads and
galvanized and aluminum components are excluded.
10. Group relamp and incandescent lamps of all highway traffic signal heads at the
expiration of the average rated lamp life or replace the lamps on a burn out basis.
11. Repair or replace any and all equipment that malfunctions or is damaged.
12. Provide alternate traffic control during a period of failure or when the controller must be
repaired. This may be accomplished through installation of a spare controller, placing the
intersection on flash, manually operating the controller, or manually directing traffic through
the use of proper authorities. In addition, barricades and warning signs shall be provided in
accordance with the requirements of the latest edition of the Texas Manual on Uniform Traffic
Control Devices.
13. Provide maintenance personnel trained in the maintenance of traffic signal equipment
who will be available to respond to emergency calls from authorized parties 24 hours a day,
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Exhibit 2 Maintain Operate Traffic Signal Type R
including Saturdays, Sundays, and holidays.
14. Provide the State and local law enforcement agencies the location and respective
names and telephone numbers of individuals responsible for emergency maintenance.
15. Document routine observations during the year by trained City personnel of the traffic
signal operation at each traffic signal during various times of the day to assure fair distribution
of time and for all traffic movements (phases) during varying traffic conditions.
16. Check cabinet filter a minimum of once every six months and clean if necessary.
Cabinet filter shall be replaced every two years.
17. Document all checks and corrective actions in a separate log book for each intersection.
18. In metropolitan cities where Intelligent Transportation Systems and /or incident
management systems are being implemented the signal timing will be the responsibility of the
City in cooperation with the Texas Department of Transportation.
Traffic accidents, inclement weather, special events, maintenance, and construction activities
are a few of the causes of nonrecurrent congestion. Nonrecurrent congestion often changes
the normal traffic demand patterns. Effective and efficient movement of traffic through the
transportation network during periods on nonrecurrent congestion must be considered in the
design and operation of all traffic management systems, including traffic signal systems.
Priority should be given to freeway or expressway frontage roads when nonrecurrent
congestion occurs on freeway or expressway mainlanes.
Power costs shall be billed directly to the State.
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Exhibit 2 Maintain Operate Traffic Signal Type R
Rev. 09/18/2006
Diamond Interchange Signals with one controller shall be reimbursed at $4204.00 per
intersection per year.
Calculations: 2 at $4,204.00 $8,408.00
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Exhibit 3 Cost Traffic Signal Type R
EXHIBIT 3
Total: $8,408.00
Rev. 09/18/2006