Ordinance No. 7,429950928 -17
ORDINANCE NO. 7429
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
® EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT FOR
THE INSTALLATION AND REIMBURSEMENT FOR THE OPERATION AND
MAINTENANCE OF TRAFFIC SIGNALS WITHIN A MUNICIPALITY WITH
THE STATE OF TEXAS; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an Agreement for the
Installation and Reimbursement for the Operation and Maintenance of
Traffic Signals within a Municipality with the State of Texas. A
copy of said agreement is attached hereto, marked Exhibit "A," and
made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately from
and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 28th day of September,
1995.
.(iLCi `-
PETE C. ALF O, Mayor
ATTEST:
/1
EILEEN, P'. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIRE SR., City Attorney
0 legal! council! september l9- 28- 95authAGREEMENTstate
AGREEMENT FOR THE
INSTALLATION AND REIMBURSEMENT FOR THE
OPERATION ANb MAINTENANCE OF
TRAFFIC SIGNALS WITHIN A MUNICIPALITY
STATE OF TEXAS §
COUNTY OF TRAVIS §
This AGREEMENT 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 Baytown , hereinafter
called the "City," acting by and through its duly authorized officers,
as evidenced by Resolution /Ordinance No.
, executed on
, hereinafter acknowledged by reference.
W I T N E S S E T H
WHEREAS, by virtue of a Municipal Maintenance Agreement entered
into by the City and the State on the 4th day of April , 1968,
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 27th 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
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AGREEMENT (TRAFFIC SIGNAL - TYPE R)
EXHIBIT A
(latest Federal Census); and (b) highways designated as full control of
® access in all cities; and
WHEREAS, the City has a population of (over4are-&a) than 50,000
•
population according to the latest Federal Census; and
WHEREAS, the City requests the State to assume the installation,
operation and maintenance 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 with the State reimbursing 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:
A G R E E M E N T
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 of 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
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AGREEMENT (TRAFFIC SIGNAL, - TYPE R)
01 -92
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 will submit plans and
specifications of the proposed work to the City and will secure the
City's consent to construct the traffic signal 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. N/A to special Agreement for construction,
maintenance and operation of traffic signals within municipality, dated
N/A
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 will be borne by the State., and the traffic
signal system will 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," attached
hereto and made a part of this Agreement.
B. The City will provide a trained staff to maintain and operate
the traffic signals shown on EXHIBIT 1, and the State will reimburse the
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AGREEMENT (TRAFFIC SIGNAL - TYPE R)
01 -92
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.
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C. The City shall maintain and operate the traffic signals in
accordance with the minimum requirements specified in EXHIBIT 2.
D. The City shall maintain at least one log of all emergency calls
and all routine maintenance.
E. Routine maintenance will be performed by the city as specified
in EXHIBIT 2.
Article 4. Compensation
A. The maximum amount payable under this Agreement is $ 13,470.00
per year.
B. Calculations for the above lump sum amount shall be shown in
EXHIBIT 3, attached hereto and made a part of this Agreement for
maintaining and operating the traffic signal installations covered under
this Agreement.
C. The addition or deletion of traffic signals shall be made by
supplemental agreement.
Article 5. Payment
A. The State agrees to reimburse the City at the flat rate shown in
EXHIBIT 3 for maintenance and operation 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
a (meat quarterly basis). An original Form 132 or acceptable
invoice shall be submitted to the following address:
Texas Department of Transportation
P.O. Box 1386
Houston, Texas 77251 -1386
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AGREEMENT (TRAFFIC SIGNAL - TYPE R)
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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 payment 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 accident or act of God and
requiring emergency replacement of major equipment shall not be included
in the (men ar ter lya-l-) payments. For eligibility of payment
for emergency replacement of major equipment, actual cost shall be
submitted to the State for review and determination of reimbursement
eligibility.
E. Payment for the addition or deletion of a traffic signal
installation shall be made by supplemental agreement.
Article 6. Indemnification
To the extent permitted by law, the City shall indemnify and save
harmless the State, its agents or employees, from all suits, actions or
claims and from all liability and damages for any and all injuries or
damages sustained by any person or property in consequence of any
neglect in the performance, or failure of performance by the City, its
agents, officers and employees, under this Agreement.
Article 7. Termination
A. This Agreement may be terminated by any of the following
conditions:
(1) By mutual agreement and consent of both parties.
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AGREEMENT (TRAFFIC SIGNAL - TYPE R)
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(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 to
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.
Article 9. Amendments
Changes in the character, costs, provisions in the attached exhibits,
responsibilities or obligations authorized herein shall be enacted by
written amendment. Any 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,
AGREEMENT (TRAFFIC SIGNAL - TYPE R)
01 -92
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
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consent of the State.
Article 11. Legal Construction
In 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. 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 the within subject matter.
Article 13. Gratuities
Texas Transportation Commission policy mandates that employees of the
Department shall not accept any benefits, gifts or favors from any
person doing business or who reasonably speaking may do business with
the State under this contract. The only exceptions allowed are ordinary
business lunches and items that have received the advanced written
approval of the Texas Department of Transportation Executive Director.
Any person doing business with or who reasonably speaking do business
with the State under this contract may not make any offer of benefits,
gifts or favors to Departmental employees, except as mentioned
hereabove. Failure on the part of the City to adhere to this policy may
result in the termination of this contract.
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IN WITNESS WHEREOF, the parties have executed duplicate counterparts to
effectuate this Agreement.
The City of: Baytown
ATTEST:
(Name)
(Ti tle)
(Date)
THE STATE OF TEXAS
Certified as being executed for the
purpose and affect of activating
and /or carrying out the orders,
established policies, or work
programs heretofore approved
and authorized by the Texas
Transportation Commission under the
authority of Minute Order 100002.
By:
City Secretary Date:
AGREEMENT (TRAFFIC SIGNAL - TYPE R)
Traffic Operations Engineer
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Ell
C
EXHIBIT 1
Signalized intersections on State Highways located within the
City of Baytown
LOCATION TYPE OF SIGNAL
LP
201
at
SH 146
One
Controller
Signal
LP
201
At
SP 330
Two
Controller
Signal
LP
201
at
West Main St.
One
Controller
Signal
LP
201
at
North Main St.
One
Controller
Signal
LP
201
at
Garth Rd.
One
Controller
Signal
LP
201
at
Missouri St.
One
Controller
Signal
LP
201
at
Texas Ave.
One
Controller
Signal
IH
10 at Garth Rd.
Two
Controller
Signal
Diamond Traffic
Diamond Traffic
Diamond Traffic
Diamond Traffic
Diamond Traffic
Diamond Traffic
Diamond Traffic
Diamond Traffic
® EXHIBIT 2
TRAFFIC SIGNAL MAINTENANCE AND OPERATION PROVISIONS
The maintaining and operating agency agrees to:
1. inspect the highway traffic signal system a minimum of once
every three months and replace burned out lamps or damaged
sockets as may be required. 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.
2. Keep signal posts, controller pedestals, and foundations in
alignment.
3. Keep signal posts and controller pedestals tight on
foundation.
4. Keep signal heads aligned and controller cabinets tight on
their pedestals and properly adjusted.
5. Check the controllers, conflict monitors, loop amplifiers,
relays, and detectors a' minimum of once every six months to
ascertain that they are functioning properly and mall all
necessary repairs and replacements.
6. Keep interior of controller cabinets in a neat and clean
condition at all times.
7. Clean reflectors, lenses, and lamps a minimum of once every
twelve months.
8. Repaint all highway traffic signal components exposed to
weather with a non -lead based paint a minimum of once every
two years. Plastic signal heads and galvanized and aluminum
components are excluded.
9. Group relamp highway traffic signal heads at the expiration of
the average rated lamp life.
10. Repair or replace any and all-equipment that malfunctions or
is damaged.
11. 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.
12. 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,
including Saturdays, Sundays, and holidays.
13. Provide the State and local law enforcement agencies the
location and respective names and telephone numbers of
individuals responsible for emergency maintenance.
14. Document routine observations during the year by trained City
personnel of traffic signal operation at each traffic signal
during various times of the day to assure fair distribution of
time for all traffic movements (phases) during varying traffic -
conditions.
15. Check cabinet filter a minimum of once every six months, and
clean if necessary. Cabinet filter shall be replaced every
two years.
16. Document all checks and corrective actions.
POWER COST SHALL BE BILLED DIRECTLY TO THE STATE.
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EXHIBIT 3
Split Diamond Interchange Signals shall be reimbursed at
$2550.00 each.
CALCULATIONS: N/A
Diamond Interchange Signals (Two Controllers) shall be reimbursed
at $1920.00 each.
CALCULATIONS: 2 at $1920.00 = $3840.00
Diamond Interchange Signals (Single Controller) shall be reimbursed
at $1605.00 each.
CALCULATIONS: 6 at $1605.00 = $9630.00
Roadside Flashers shall be reimbursed at _$250.00 each.
CALCULATIONS: N/A
Overhead Flashing Beacons shall be reimbursed at $500.00
each.
CALCULATIONS: N/A
Total: $13,470.00