City Council
	Agenda Request
Agenda Of:	October 2, 2007	Agenda Request No:		IV A
Initiated By:	Michael Leech, Assistant Director of Public Works	Responsible Department:		Public Works
Presented By:	Michael Leech, Assistant Director of Public Works	Department Head:		Mike Hobbs, Director or Public Works
		Additional Department. Head (s):		N/A
Subject / Proceeding:	Consideration of and action on authorizing the execution of an agreement with TxDOT for the operation and maintenance of the lighting System along U.S. 59
Exhibits:	Agreement
Clearances			Approval
Legal:	Meredith Wilganowski, Assistant City Attorney		Executive Director:	N/A
Purchasing:	N/A		Asst. City Manager:	Karen Glynn
Budget:	Jennifer Brown Assistant Fiscal Services Director		City Manager:	Allen Bogard/for AB
Budget
Expenditure Required: $			N/A
Amount Budgeted/Reallocation: $			N/A
Additional Appropriation: $			N/A
Recommended Action
The Public Works Department recommends that the City Council authorize the execution of an agreement for the operation and maintenance of the Lighting System Along U.S. 59
Executive Summary
The purpose of this agenda request is to seek City Council approval to authorize the execution of an agreement with TxDOT which will give operational and maintenance responsibilities of the lighting system along U.S. 59 from U.S. 90A to S.H. 6 to the City. When a municipality reaches the 50,000 population threshold TxDOT, per the Texas Administrative Code, is able to transfer operational and maintenance responsibilities for State infrastructure, other than pavement, located within that municipality to that municipality. The State still owns the infrastructure; the City is merely responsible for the operation and maintenance costs. In 2001 the City was given, via agreement, the operational and maintenance responsibilities for the TxDOT traffic signals, school zone flashers, warning beacons, striping, lighting, etc. located along S.H. 6, U.S. 59 and F.M. 1876 (Eldridge Road). You will recall that in 2001 the first phase of the U.S. 59 widening project was still underway and the high mast lighting facilities had yet to be constructed. Therefore, TxDOT did not include the operation and maintenance responsibilities for the high mast lighting system in the 2001 agreement. There are 27 high mast lights in operation from the eastern city limit line near U.S. 90A to just north of Sweetwater Boulevard on U.S. 59 as well as a series of smaller lights used to illuminate the roadway below the bridges along the U.S. 59 main lanes. The smaller lights are typically referred to as wall packs. The Public Works Department in conjunction with the current TxDOT contractor in charge of the high mast lights recently conducted an inspection of the lights and found them to be in good working condition. The service life of a high mast light is estimated to be 40 years so we expected the lights to be in good condition as they are relatively new. Wall pack lights have a similar life expectancy primarily because they are generally protected from the elements by the bridge structure from which they are mounted. Maintenance service levels for the type of high mast lights within Sugar Land as recommended by the manufacturer call for a basic maintenance cycle every three years. TxDOT last completed maintenance of all 27 lights in 2006. Wall Pack lights require no such maintenance. Simple bulb changes are all that is needed. A basic high mast maintenance, generally consists of inspecting and lubricating the internal mechanisms, as well as servicing the lighting equipment and ballasts. It is recommended that individual bulbs are only changed when 50 percent, or typically six of the twelve lights within each high mast light fixture, are out as the disparity of light intensity from six lights in comparison to twelve is not that great. An additional 30 high mast lights and the corresponding intersection wall packs are being installed in conjunction with the on-going U.S. 59 project. The City will be asked to assume the operational and maintenance responsibilities for these lights once that phase of the construction is complete in late 2008 or early 2009. A request for additional funding will be made via the 2009 budget process. This cost impact was not budgeted due to discrepancies with TxDOT in regards to timing and costs. We recommend monitoring the expenditures in the Public Works electricity account and making recommendations for any adjustments during the 2008 mid-year projections.
Exhibits

AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING
SYSTEMS WITHIN A MUNICIPALITY
CITY OF SUGARLAND

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
Sugar Land, Fort Bend 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.

W I T N E S S E T H

WHEREAS, the State contributes 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, Texas Administrative Code and Article 6673b, Vernon’s Texas Civil Statutes, will maintain and operate said lighting system.

A G R E E M E N T

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
CONTINUOUS HIGHWAY LIGHTING SYSTEMS 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 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. The City will not be required to reimburse the State for electrical energy consumed prior to the execution of this Agreement. If the lighting system is constructed by sections, this provision shall apply to each such separately constructed section. 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.

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.
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.
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 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.

IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, the City of Sugar Land on the day of , 20 , and the Texas Department of Transportation on the day of , 20 .

ATTEST: THE STATE OF TEXAS

CITY OF: SUGAR LAND 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:________________________