Section 3: Lighting Agreement Processing and ExecutionAnchor: #i999615
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.Anchor: #i999630
Templates of all standard traffic agreements are maintained by Contract Services. These templates are available from the Contract Services Crossroads website under Standard Contracts, then Traffic.
Standard ordinance and resolution forms are also available on Contract Services Crossroads website (TEA 31 through TEA 37).Anchor: #i1011682
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.Anchor: #i1011759
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.Anchor: #i1011875
Preparing an Agreement
After a determination is made that an agreement is needed, the district should access Contract Services' Crossroads website to obtain the most current version of the needed template. The template should be completed by the district.Anchor: #i1011962
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.Anchor: #i1012013
Executing an Agreement
The district prepares and mails to the city or other entity for execution:
- Anchor: #KGJDKKKU
- two original hard-copy unexecuted agreements Anchor: #RCSBDDJF
- one blank sample ordinance or resolution, and Anchor: #PECYUIOW
- 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 "Delegation of Authority" 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.Anchor: #i1012337
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.Anchor: #i1012384
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.Anchor: #i1012494
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.Anchor: #i1012564
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.Anchor: #i1012611
For more information on processing and executing traffic engineering agreements, see the Negotiated Contracts Policy Manual, Chapter 11.