Section 3: Lighting Agreement Processing and Execution
Background
To assure that agreements are enforceable and consistently applied,
TxDOT has established guidelines to help cities, other local governments,
or private entities develop their agreements. Guidelines for executing
and processing most agreements are covered in this section.
The TxDOT Traffic Operations Division (TRF) is the
Office of Primary Responsibility for Traffic Engineering agreements.
Questions about the agreements or the procedures should be directed
to TRF Engineering Operations Section at 512-416-3118.
Standard Templates
Templates of all standard traffic agreements are
maintained by Contract Services. These templates are available from
the Contract Services Crossroads website under
, then Traffic.
Standard ordinance and resolution forms are also
available on Contract Services
(TEA 31 through TEA 37).
Excess Cost
Sometimes participating cities or other local governments
want amenities, qualities, or features that exceed the standard
design equipment, systems, or practices of TxDOT incorporated into
lighting systems and traffic signal systems. TxDOT will incorporate these
desired items into the systems to the extent practicable. In this
case, an advance funding agreement is required and the local government
must furnish all additional estimated funds.
Private Agreements
A private agreement is required when a TxDOT traffic
signal or lighting installation encroaches upon private property.
The district coordinates surveys and negotiates
with affected parties when developing the agreements. The proposed
agreement is forwarded to TRF for additional review.
The TxDOT Right of Way Division (ROW) performs a
final check and may execute the agreement on behalf of TxDOT.
No work should be started on private property until
the property owner has been furnished a fully executed copy of the
agreement.
Preparing an Agreement
After a determination is made that an agreement
is needed, the district should access Contract Services'
to obtain the most current version of the needed
template. The template should be completed by the district.
Contract Services Review
The district should contact Contract Services before
contract execution if the local government wishes to modify terms
and conditions of the standard agreements. The draft agreement with revised
terms should be submitted via email to: CS_Contract_Review@txdot.gov.
Contract Services will perform a review of the agreement and respond
by e-mail to the district with the results of its review.
Executing an Agreement
The district prepares and mails to the city or other
entity for execution:
- two original hard-copy unexecuted agreements
- one blank sample ordinance or resolution, and
- one blank sample city secretary’s certificate for execution by the city.
Alternatively, the district can email PDF copies
of the above documents.
After receipt of the signed agreements from the
city or other entity, the individual with TxDOT signature authority
executes both original agreements. Please refer to Contract Services' Crossroads
website under
to determine the appropriate official with
TxDOT signature authority.
All agreements should be fully executed before plans,
specifications, and estimates (PS&E) submission to the Design
Division (DES) on all projects scheduled for local or statewide
letting.
Digital Signature
Contract Services strongly recommends the use of
digital signatures to fully execute agreements in place of a wet
signature. TxDOT currently uses DocuSign, digital signature-as-a-service software
that can be used to create and obtain secure digital signatures.
If you have questions about the uses of DocuSign, please contact
Contract Services at 512-416-4620. For all other DocuSign inquiries
and technical support, please contact Information Management Division
at 512-302-4357.
Agreement Requirements for Cities
Agreements with cities must be accompanied by an
ordinance or resolution authorizing the elected head of the city,
or a designated representative, to sign the agreement.
A completed city secretary's certificate must also
accompany all agreements to verify that the ordinance or resolution
was passed by the city. If the city secretary has signed and sealed
the resolution or ordinance, then a separate city secretary's certificate
is not required.
Agreement Requirements for Counties
When the agreement is with a county, it must be
accompanied by an order of the commissioner's court authorizing
the county judge to sign the agreement.
A county secretary's certificate must also accompany
all agreements, unless the county secretary signs and seals the
order.
Document Retention
When a contract is closed out, the file of record
should be securely stored and protected until the legal document
retention requirements have been met.
More Information
For more information on processing and executing traffic engineering agreements, see the
Negotiated Contracts Policy Manual
,
.