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HomeMy WebLinkAboutResolution - 3673 - Grant Application - TDHPT - Traffic Light Synchronization Program - 08_08_1991Resolution No. 3673 August 8, 1991 Item #23 JWF:dw RESOLUTION AUTHORIZING THE TRAFFIC LIGHT SYNCHRONIZATION PROGRAM GRANT APPLICATION WHEREAS, the City of Lubbock recognizes that it is in the interest of the national economy to promote the conservation of energy resources and to reduce our nation's dependence on costly foreign oil; and WHEREAS, the retiming of signals by the City of Lubbock will provide benefits to the local community in the form of improved traffic flow, reduced fuel consumption, reduced vehicle operating costs, reduced air pollutant emissions, and improved safety due to smoother traffic flow; and WHEREAS, funds have been established and are available through the State Department of Highways and Public Transportation for grants to local governments for traffic signal retiming projects; NOW, THEREFORE, be it resolved that the City Council of the City of Lubbock, Texas, authorizes the submission of an application to the State Department of Highways and Public Transportation for a Traffic Light Synchronization grant and, if the application is selected for funding, the Mayor of the City of Lubbock is hereby authorized and empowered to execute in the name of the City all necessary applications, contracts, and agreements to implement and carry out the purposes specified in this resolution. THE FOREGOING RESOLUTION was passed by the said City Council this 8th day of August , 1991. e ` Signed . C. McMIN , ,M AYO Date August 8, 1991 ST: 6� an t e Boy , City Se eta y APPROVED AS TO CONTEN ,a David E. Woosley, City Trafvc Engineer APPROAD AS TO FORM: W J. rtn-Ful"lingim, Assistan At ney � 34-73 Contract Number TRAFFIC LIGHT SYNCHRONIZATION GRANT AGREEMENT THE STATE OF TEXAS ** THE COUNTY OF TRAVIS ** THIS CONTRACT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by and through the State Department of Highways and Public Transportation, hereinafter called the State and the City of Lubbock , acting by and through its duly authorized officers, hereinafter called the Local Government. WITNESSETH -WHEREAS, Article 4413(56), Texas Civil Statutes, declares that the Office of the Governor may designate State agencies to supervise, manage or administer the imple- mentation of a grant program financed under the Oil Overcharge Restitutionary Act (Art. 4413(56)); and, WHEREAS, pursuant to Article 4413(56), the State Department of Highways and Public Transportation submitted a proposed grant program, hereinafter called Traffic Light Synchronization, or TLS, designed to increase energy efficiency in the movement of traffic, and the Office of the Governor did approve the proposed program, and signi- fied its approval by contract executed between the State Department of Highways and Public Transportation and the Office of the Governor dated September 1,1990, or as amended; and, WHEREAS, the Local Government submitted a grant application to the State describ- ing a plan to re -time a set of traffic signals in accordance with the State's instructions, and the grant application was approved by the State and the project described therein was selected for financial assistance; and, WHEREAS, it is the desire of the Local Government to enter into this grant agreement for financial assistance for the project described in the grant application in order to increase energy efficiency in the movement of traffic. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do mutually agree as follows. Page 1 of 7 AGREEMENT Article 1. Contract Period This contract becomes effective on the date on which the final signature is added, the final signature being that of the party whose signing makes the contract fully exe- cuted by all parties hereto. The contract shall terminate 12 months from that date, unless terminated or modified as hereinafter provided. Article 2. Contract Amount The maximum amount payable to the Local Government under this contract shall not exceed $rss.161 . This amount constitutes not more than 75% of the total project cost of $ 87,151 The amount may be increased only if the State approves a request for additional funding submitted by the Local Government, if additional funds are available. Any such increase must be authorized in a written amendment to this contract. Article 3. Project Description Depending upon the availability of funds, the Local Government shall commence and complete a project providing for the re -timing of traffic signals within its jurisdiction, generally located on 4th Street The project is fully described in the grant application, attached hereto and labeled Exhibit 1. The Local Government shall not perform any activity under this contract except as described in said Exhibit 1. Additional activity under this contract must be authorized in a written amendment signed by the parties hereto in which the modi- fications or additions to the project are fully described. The Local Government agrees to deliver the following products to the State in accord- ance with the application: .• A "before" field evaluation • An "after" field evaluation Failure to deliver the products as specified in the application may result in termination of this agreement as provided hereinafter. In addition to the above products, quarterly progress reports that summarize project activities are required. Article 4. Compensation All payments made hereunder will be made in accordance with the category totals of the Approved Project Budget included in Exhibit 1. To be eligible for reimbursement under this contract, a cost must be incurred within the contract period specified in Article 1 above and be authorized in the Approved Project Budget included in Exhibit 1. Payment of costs incurred under this contract is further governed by the cost principles outlined in 48 CFR 1-31, (Federal Acquisition Regulations). The Local Government agrees to submit monthly requests for reimbursement, using billing statements acceptable to the State. The original billing statement and one copy is to be submitted to the State's District Office, at the address specified on the signature page of this agreement. Page 2 of 7 c Article 4. Compensation (conL) The State will exercise good faith effort to make payments within thirty days of receipt of properly prepared and documented requests for reimbursement. All payments, however, are contingent upon the availability of appropriated funds. Article 5. Contract Amendments The Local Government may request additional funds for additional tasks to be performed under this contract, and if the request is justified by the Local Government and the State determines that the request is beneficial to the State and the Local Government and to the purpose of the grant, a written amendment is to be executed to authorize additional tasks and additional funds, if additional funds are available. The amendment shall be agreed upon by the State and Local Government. Any such amendment shall be made before the termination of the contract as specified in Article 1. The Local Government can undertake at its own expense any activities associated with the approved project, but those additional activities will not be eligible for reimbursement by the State. Article 6. Inspection of Work The State shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Local Government or subcontractor, the Local Government shall provide and require his subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. Article 7. Disputes and Remedies The Local Government shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract work. Disputes concerning performance or payment shall be submitted to the State for settlement with the Engineer -Director of the State Department of Highways and Public Transportation acting as referee. This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of contract terms, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. Article 8. Records The Local Government agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the contract period and for three years from the date of the final performance report under the contract. Such materials shall be made available during the specified period for inspection by the State for the purpose of making audits, examinations, excerpts, and transcriptions. Page 3 of 7 Article 9. Reporting C The Local Government shall promptly advise the State in writing of events which have a significant impact upon the contract, including: • Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules or objectives, or pre- clude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any State assistance needed to resolve the situation. • Favorable developments or events that enable meeting time schedules and objec- tives sooner than anticipated or producing more work units than originally projected. Article 10. Audit This contract shall be subject to audit for a three-year period from the date of the final financial report. Article 11. Subcontracts Any subcontract for professional service rendered by individuals or organizations not a part of the Local Government's organization shall not be executed without prior authorization by the State. Subcontracts shall contain all required provisions of this contract. No subcontract will relieve the Local Government of its responsibility under this contract. Article 12. Termination • For Cause: Insufficient Funding The State may terminate this contract at any time before the date of completion when- ever it is determined that sufficient funds are not available to reimburse its share of the cost of the project. The State shall give written notice to the Local Government at least seven days prior to the effective date of termination, specifying the date of termination. The State shall compensate the Local Government for those eligible costs incurred during the contract period up through the time of termination. The Local Government shall not incur new obligations for the terminated portion after the effective date of termination. • For Cause: Nonperformance The State may terminate this contract at any time before the date of completion if it determines that the Local Government has failed to comply with the conditions of the contract. The State shall give written notice to the Local Government at least seven days prior to the effective date of termination and specify the effective date of termi- nation and the reason for termination. The State shall compensate the Local Government for those eligible costs incurred during the contract period which are directly attributable to the completed portion of the project covered by this contract, provided that the work has been completed in a manner satisfactory to the State. The Local Government shall not incur new obliga- tions for the terminated portion after the effective date of termination. Page 4of7 Article 12. Termination (cont.) • For Convenience CIf both parties to this contract agree that the continuation of the contract in whole or in part would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date and the portion to be terminated. • Ownership of Documents Upon termination of this contract, whether for cause or for convenience, all finished or unfinished documents, data, studies, surveys, reports, maps, drawing, models, photo- graphs, etc. prepared by the Local Government shall at the option of the State become the property of the State. • Excepted Conditions Except with respect to defaults of subcontractors, the Local Government shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by the Local Government to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Local Government. Such causes may include but are not limited to acts of nature or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Local Government. Article l3. Compliance with Laws The Local Government shall comply with all federal state and local laws statutes, > ordinances, rules and regulations, and the orders and decrees of any courts or admin- istrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations and licensing laws and regulations. When required, the Local Government shall furnish the State with satisfactory proof of its compliance therewith. Article 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, -assigns and administrators to the other party to this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this contract. Neither the State nor the Local Government shall assign, sublet, or transfer its interest in this agreement without the written consent of the other. Article 15. Property Management The Local Government shall use its own property management system to control, protect, preserve, use, maintain, and dispose of any property furnished to it by the State or purchased pursuant to this agreement, provided that the procedure$ are not -in conflict with the State's property management procedures or property manage- ment standards outlined in 49 CFR 18 (Section 18.32), "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." Page 5 of 7 Article 16. Procurement Standards The Local Government shall maintain and follow procurement standards which meet or exceed the requirements of 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." Article 17. Debarment/Suspension The Local Government is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The Local Government shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal grant funds, and, when requested by the State, to furnish a copy of the certification. Article 18. Insurance When directed by the State, the Local Government shall require its subcontractors to secure insurance in the maximum statutory limits for tort liability, naming the State as an additional insured under its terms. When so directed, the Local Government shall require its subcontractor to furnish proof of insurance on forms satisfactory to the State, and shall maintain the insurance during the contract period specified in Article 1. Article 19. Gratuities State Highway and Public Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business with 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 State's Engineer -Director. Any person doing business with or who reasonably speaking may do business with the State under this contract may not make any offer of benefits, gifts or favors to Depart- ment employees, except as mentioned.hereabove. Failure on the part of the Local Government to adhere to this policy may result in termination of this contract. Article 20. Indemnification To the extent permitted by law, the Local Government shall save harmless the State from all claims and liability due to the acts or omissions of the Local Government, its agents or employees. The Local Government also agrees to save harmless the State from any and all expenses, including attorney fees, all court costs and awards for dam- ages, incurred by the State in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Local Government, its agents or employees. Further, the Local Government agrees to protect, indemnify, and save harmless the State from and against all claims, demands and causes of action of every kind and character brought by any employee of the Local Government against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Local Government or the State. Page 6 of 7 Article 21. Signatory Warranty The undersigned signatory for the Local Government hereby represents and warrants that he is an official of the organization for which he has executed this contract and that he has full and complete authority to enter into the contract on behalf of the Local Government. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. LOCAL GOVERNMENT: The City of Lubbock Under authority of resolution or ordi- nance number 3673 By -0& Title M //D ZT Date Z STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission under authority of Minute Order 82513. DO Traffic Operations Engineer Date ATTEST•, C� Date 1? —/4, For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence: For the Local Government: City of Lubbock Traffic Engineering P. 0. Box 2000 Lubbock, Texas 79457 APPROVED AS TO CONTENT: David E. Woosley City Traffic Engineer APPR D ASQTO FORM- d I I '�Y I I nn For the State (District Office): Mr. William M. Pope P. 0. Box 771 Lubbock, Texas 79408-0771 ki. ruiiingim, Assrrkn t,nt City Attorney Page 7 of 7 (August 8, 1991 .:tem #23 JWF:dw RESOLUTION AUTHORIZING THE TRAFFIC LIGHT SYNCHRONIZATION PROGRAM GRANT APPLICATION WHEREAS, the City of Lubbock recognizes that it is in the interest of the national economy to promote the conservation of energy resources and to reduce our nation's dependence on costly foreign oil; and WHEREAS, the retiming of signals by the City of Lubbock will provide benefits to the local community in the form of improved traffic flow, reduced fuel consumption, reduced vehicle operating costs, reduced air pollutant emissions, and improved safety due to smoother traffic flow; and WHEREAS, funds have been established and are available through the State Department of Highways and Public Transportation for grants to local governments for traffic signal retiming projects; NOW, THEREFORE, be it resolved that the City Council of the City of Lubbock, Texas, authorizes the submission of an application to the State Department of Highways and Public Transportation for a Traffic Light Synchronization grant and, if the application is selected for funding, the Mayor of the City of Lubbock is hereby authorized and empowered to execute in the name of the City all necessary applications, contracts, and agreements to implement and carry out the purposes specified in this resolution. THE FOREGOING RESOLUTION was passed by the said City Council this 8th day of August , 1991. II e Signed Z. ( - = . C. McMINtf,,MAYOR i .oDAte-,.August 8, 1991 � ST: ,, an t e Boy , City Se eta y ( oil 'APPROVED AS TO CONTEN : avi E. Woos ey, City Trafvc Engineer APPROXED AS TO FORM:. _ < Vt/V ✓v v• v - At�rt u ingim, Assistant r g6ey C Lower Tier Participant Debarment Certification (Negotiated Contracts) , being duly sworn (insert name of certifying official) or under penalty of perjury under the laws of the United States, certifies that neither nor its (insert name of lower tier participant) principals are presently: • debarred, suspended, proposed for debarment, • declared ineligible, • or voluntarily excluded from participation in this transaction by any Federal department or agency Where the above identified lower tier participant is unable to certify to any of the above statements in this certification, such prospective participant shall indicate below to whom the exception applies, the initiating agency, and dates of action. Exceptions will not necessarily result in denial of award, but will be considered in .: determining contractor responsibility. Providing false information may result in criminal prosecution or administrative sanctions. EXCE13TIONS: Signature of Certifying Official Title Date of CertlflCation See Reverse for Information __•_. Form 1734 Rev. 4-89 Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or coopera- tive agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all . subrecipients shall certify and disclosure accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Title Agency Date SDI i P11 i-90 C C DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB 0349-0046 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract ❑ a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post -award For Material Change Only: d. loan year quarter �. banguarantee date of last report f. ban insurance 4. Name and Address of Reporting Entity: S. if Reporting Entity in No. 4 is Subawardfie, Enter Name and ❑ Prime ❑ ' Subawardce Address of Prime: Tier , if known Congressional District, if known: Congressional District, if known: L Federal Department Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: IL Federal Action Number, if known: 9. Award Amount, if known: S 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, list name, first name, MI): different from No. 10a) (last name, first name, MO: (attach Continuation Sheet(s) SF-LLL•A, if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply): S ❑ actual ❑ planned ❑ a. retainer ❑ b, one-time fee ❑ c. commission 1L Fotm of Payment (check all that apply): ❑ a. ash ❑ d. contingent fee ❑ b. in -kind; specify: nature ❑ e. deferred value ❑ f, other; specify: 14, Grief Description of Services Performed or to be Performed and Dates) of Service, including officer(&), employee(&), or Member(s) contacted, for Payment Indicated in item 11: (attad+ Continuation Sheet(:) SF-W-A, if necessary) 1S. Continuation Sheet(s) SF-LLL-A attached: ❑ Yes ❑ No 1i. trdenowoon requested erwugh this tern Is authorizer by title 71 U.S.C. Signature: am -ion 11SL This docuown of lobbying bahitiaa is a otaurial representation of to" uqn which reliance was Maur by the liar above when this trMa[Sbn was naee or anarod into. This dofown is requrro/'unuant to Print Name: Ih U.S.C. IJSL The infornation will he rationed to the congress sainl. aaneast and win he available for public W"ecoon. Any worsen who falls to Title: Oft the rgwN eeeuwuro shall be subfon e a ovil yonany of net tw than 511e1d ad nth ran than Sido. l0o for each waft fadwe. Telephone: Date: Federal Use Only: AuthonNd for foul fief roducUm &tanrair fent►L INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. \\\ section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. if this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. S. If the organization filing the report in item 4 checks 'Subawardee,' then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g.. 'RFP•DE-90.001." 9. For a covered Federal action where there has been a award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or S. 10. (a) . Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or -planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal officials) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted. 1S. Check whether or not a SF-LLL•A Continuation Sheet(s) is attached. 16. The certifying off ical shall sign and date the form, print his/her name, title, and telephone'number. Public reporting burden for this collection of information is estimated to average 30 minutes per rtsponse, including time for reviewing instructwns, searching aaating data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestion for reducing this burden, to the office of Management and iudget, Paperwork Reduction Project (03484046), Washington, D.G. 20503. Contract Number 582TLF6078 TRAFFIC LIGHT SYNCHRONIZATION GRANT AGREEMENT THE STATE OF TEXAS ** THE COUNTY OF TRAVIS ** THIS CONTRACT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by and through the Texas De Dartment of Transportation, hereinafter called the State and the City of LubKock , acting by and through its duly authorized officers, hereinafter called the Local Government. WITNESSETH WHEREAS, Article 4413(56), Texas Civil Statutes, declares that the Office of the Governor may designate State agencies to supervise, manage or administer the imple- mentation of a grant program financed under the Oil Overcharge Restitutionary Act (Art. 4413(56)); and, WHEREAS, pursuant to Article 4413(56), the Texas Department of Transportation submitted a proposed grant program, hereinafter called Traffic Light Synchronization, or TLS, designed to increase energy efficiency in the movement of traffic, and the Office of the Governor did approve the proposed program, and signified its approval by contract executed between the Texas Department of Transportation and the Office of the Governor dated September 1,1990, or as amended; and, WHEREAS, the Local Government submitted a grant application to the State describ- ing a plan to re -time a set of traffic signals in accordance with the State's instructions, and the grant application was approved by the State and the project described therein was selected for financial assistance; and, WHEREAS, it is the desire of the Local Government to enter into this grant agreement for financial assistance for the project described in the grant application in order to increase energy efficiency in the movement of traffic. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do mutually agree as follows. Pn (7P 1 of 7 A n AGREEMENT Article 1. Contract Period This contract becomes effective on the date on which the final signature is added, the final signature being that of the party whose signing makes the contract fully exe- cuted by all parties hereto. The contract shall terminate 18 months from that date, unless terminated or modified as hereinafter provided. Article 2. Contract Amount The maximum amount payable to the Local Government under this contract shall not exceed $ 82,500 . This amount constitutes not more than 75% of the total project cost of $ The amount may be increased only if the State approves a request for additional funding submitted by the Local Government, if additional funds are available. Any such increase must be authorized in a written amendment to this contract. Article 3. Project Description Depending upon the availability of funds, the Local Government shall commence and complete a project providing for the re -timing of traffic signals within its jurisdiction, generally located on citywide The project is fully described in the grant application, attached hereto and labeled Exhibit 1. The Local Government shall not perform any activity under this contract except as described in said Exhibit 1. Additional activity under this contract must be authorized in a written amendment signed by the parties hereto in which the modi- fications or additions to the project are fully described. The Local Government agrees to deliver the following products to the State in accord- ance with the application: • A "before" field evaluation • An "after" field evaluation Failure to deliver the products as specified in the application may result in termination of this agreement as provided hereinafter. In addition to the above products, quarterly progress reports that summarize project activities are required. Article 4. Compensation All payments made hereunder will be made in accordance with the category totals of the Approved Project Budget included in Exhibit 1. To be eligible for reimbursement under this contract, a cost must be incurred within the contract period specified in Article 1 above and be authorized in the Approved Project Budget included in Exhibit 1. Payment of costs incurred under this contract is further governed by the cost principles outlined in 48 CFR 1-31, (Federal Acquisition Regulations). The Local Government agrees to submit monthly requests for reimbursement, using billing statements acceptable to the State. The original billing statement and one copy is to be submitted to the State's District Office, at the address specified on the signature page of this agreement. Page 2 of 7 Article 4. Compensation (cont.) The State will exercise good faith effort to make payments within thirty days of receipt of properly prepared and documented requests for reimbursement. All payments, however, are contingent upon the availability of appropriated funds. Article 5. Contract Amendments The Local Government may request additional funds for additional tasks to be performed under this contract, and if the request is justified by the Local Government and the State determines that the request is beneficial to the State and the Local Government and to the purpose of the grant, a written amendment is to be executed to authorize additional tasks and additional funds, if additional funds are available. The amendment shall be agreed upon by the State and Local Government. Any such amendment shall be made before the termination of the contract as specified in Article 1. The Local Government can undertake at its own expense any activities associated with the approved project, but those additional activities will not be eligible for reimbursement by the State. Article 6. Inspection of Work The State shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Local Government or subcontractor, the Local Government shall provide and require his subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. Article 7. Disputes and Remedies The Local Government shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract work. Disputes concerning performance or payment shall be submitted to the State for settlement with the Exectiv e-Di rector of the Texas Department of Transportation acting as referee. This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of contract terms, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. Article 8. Records The Local Government agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the contract period and for three years from the date of the final performance report under the contract. Such materials shall be made available during the specified period for inspection by the State for the purpose of making audits, examinations, excerpts, and transcriptions. Page 3 of 7 Article 9. Reporting The Local Government shall promptly advise the State in writing of events which have a significant impact upon the contract, including: • Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules or objectives, or pre- clude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any State assistance needed to resolve the situation. • Favorable developments or events that enable meeting time schedules and objec- tives sooner than anticipated or producing more work units than originally projected. Article 10. Audit This contract shall be subject to audit for a three-year period from the date of the final financial report. Article 11. Subcontracts Any subcontract for professional service rendered by individuals or organizations not a part of the Local Government's organization shall not be executed without prior authorization by the State. Subcontracts shall contain all required provisions of this contract. No subcontract will relieve the Local Government of its responsibility under this contract. Article 12. Termination • For Cause: Insufficient Funding The State may terminate this contract at any time before the date of completion when- ever it is determined that sufficient funds are not available to reimburse its share of the cost of the project. The State shall give written notice to the Local Government at least seven days prior to the effective date of termination, specifying the date of termination. The State shall compensate the Local Government for those eligible costs incurred during the contract period up through the time of termination. The Local Government shall not incur new obligations for the terminated portion after the effective date of termination. • For Cause: Nonperformance The State may terminate this contract at any time before the date of completion if it determines that the Local Government has failed to comply with the conditions of the contract. The State shall give written notice to the Local Government at least seven days prior to the effective date of termination and specify the effective date of termi- nation and the reason for termination. The State shall compensate the Local Government for those eligible costs incurred during the contract period which are directly attributable to the completed portion of the project covered by this contract, provided that the work has been completed in a manner satisfactory to the State. The Local Government shall not incur new obliga- tions for the terminated portion after the effective date of termination. Page 4 of 7 Article 12. Termination (cont.) • For Convenience If either party to this contract determines that the continuation of the contract in whole or in part would not produce beneficial results commensurate with the further expenditure of funds, the determining party shall give notice to the other party of such determination, including the effective date and the portion to be terminated. The State may terminate this contract for reasons of its own, not subject to the approval of the Local Government. • Ownership of Documents Upon termination of this contract, whether for cause or for convenience, all finished or unfinished documents, data, studies, surveys, reports, maps, drawing, models, photo- graphs, etc. prepared by the Local Government shall at the option of the State become the property of the State. • Excepted Conditions Except with respect to defaults of subcontractors, the Local Government shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by the Local Government to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Local Government. Such causes may include but are not limited to acts of nature or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Local Government. Article 13. Compliance with Laws The Local Government shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or admin- istrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations and licensing laws and regulations. When required, the Local Government shall furnish the State with satisfactory proof of its compliance therewith. Article 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns and administrators to the other party to this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this contract. Neither the State nor the Local Government shall assign, sublet, or transfer its interest in this agreement without the written consent of the other. Article 15. Property Management The Local Government shall use its own property management system to control, protect, preserve, use, maintain, and dispose of any property furnished to it by the State or purchased pursuant to this agreement, provided that the procedures are not in conflict with the State's property management procedures or property manage- ment standards outlined in 49 CFR 18 (Section 18.32), "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." Pave 5 of 7 Article 16. Procurement Standards The Local Government shall maintain and follow procurement standards which meet or exceed the requirements of 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." Article 17. Debarment/Suspension The Local Government is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The Local Government shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal grant funds, and, when requested by the State, to furnish a copy of the certification. Article 18. Insurance When directed by the State, the Local Government shall require its subcontractors to secure insurance in the maximum statutory limits for tort liability, naming the State as an additional insured under its terms. When so directed, the Local Government shall require its subcontractor to furnish proof of insurance on forms satisfactory to the State, and shall maintain the insurance during the contract period specified in Article 1. Article 19. Gratuities Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business with 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 State's Executive Director. Any person doing business with or who reasonably speaking may do business with the State under this contract may not make any offer of benefits, gifts or favors to Depart- ment employees, except as mentioned hereabove. Failure on the part of the Local Government to adhere to this policy may result in termination of this contract. Article 20. Indemnification To the extent permitted by law, the Local Government shall save harmless the State from all claims and liability due to the acts or omissions of the Local Government, its agents or employees. The Local Government also agrees to save harmless the State from any and all expenses, including attorney fees, all court costs and awards for dam- ages, incurred by the State in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Local Government, its agents or employees. Further, the Local Government agrees to protect, indemnify, and save harmless the State from and against all claims, demands and causes of action of every kind and character brought by any employee of the Local Government against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Local Government or the State. Page 6 of 7 i 6) General Information, (contd.) g: Do you anticipate significant changes in traffic levels or patterns in the project area as a result of new development, road improvements, etc., within the next three years? . Yes x No Explain. Continued residential development and increased enrollment of University h. Explain how the equipment needs forthis project area were determined and the type and features of the equipment you propose for the project Attach extra page if needed. New equipment will be needed to be able to add on an.isolated intersection on an arterial roue on to the System. We will be implementing new communication techniques using the 170 controller. L' List below specific local agency staff that would be assigned to this project. Outline local staff traffic engineering experience, prior training in and use of the TRANSYT 7F and PASSER signal timing pro- grams, and role in this project. Attach extra page if needed. (Note: Prior experience with TRANSYT 7F and PASSER is not required.) Pinnuinto A. Ruiz: B.S.: Traffic Signal Systems Technician 2 years. Responsible for operation of computerized Traffic Control System including database update and execution of all optimization programs, TLS involvement including a course on PASSER II Transyt 7-F 90 j. Supply any additional information that would be useful for the review of this application. Also, you _ may use this space to expand any of your answers to the previous questions. Attach extra page if needed. _ ,.._ .:.,•... _ .... _.._ .... ... .. In 1983 the City of Lubbock installed a new digital computerized traffic control system placing approximately 160 intersections under control of a centrally located Super MiniC m .0 er ma11 ,arid is underway fn pin9 10 a �i Ronal interse ions u er com u r con ro . ced The 1990/1991.TLS State funded project is also underway -to expand contT`�Ca inue k. Was your city involved in the first TLS or the Traffic Management program7 y yes no If yes, is any additional staff training in the use of the PASSER or TRANSYT computer models needed? If yes, please answer question I. x yes no 1. Indicate course date preference, number of people that would attend and whether they are local staff and/or consultant. PASSER II & III x January 28-30, 1992 2 ;# of people ( 1 local staff 1 consultant) TRANSYT7F February 11-13, 1992 # of people ( local staff consultant) 7) Applicant Certification: To the best of my knowledge and belief, information in this application is true and correct, the document has been duly authorized by the governing body of the applicant, and the applicant will comply with the attached assurances if the application is approved. Any grant money received will supplement and not supplant any existing local funding presently dedicated to signal timing efforts. Signature Typed or Printed Name and Title David E. Woosl ey. City Traffic Engineer Date 8-16-91 -- I. Van G. Cook, M.S.; Traffic Engineer for Signal Systems and Operations. 12 years involved with PASSER programs including 2 training courses. 9 years involved with TRANSYT beginning with a training course by Paul Wolf. Have maintained on-line access to each set of programs during each period with various projects performed. J. boundaries by another 13 intersections. These additional signals and the fact that the timing plans for the other 160 intersections have not had major retiming, impels us to request funding for the great task of retiming the entire System as a whole. This retiming will unconceivably impact the entire City and induce a hugh amount of fuel savings and a great reduction in vehicle emissions. Article 21. Signatory Warranty The undersigned signatory for the Local Government hereby represents and warrants that he is an official of the organization for which he has executed this contract and that he has full and complete authority to enter into the contract on behalf of the Local Government. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. LOCAL GOVERNMENT: The City of Lubbock Under authority of resolution or ordi- nance number 3673 By l� e/i/yam Title Mayor Date ATTEST: Date THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission under authority of Minute Order 100002 for the purpose and effect of activating and/or carrying out the orders, establishing as policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Traffic Operations Engineer Date For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence: For the Local Government: City of Lubbock Traffic Engr. Dept. P.O. Box 2000 Lubbock, Texas 79457 Approved as to Content: ZQ1_'Z -'_*" - David E. Woosley, P.E. City Traffic Engineer For the State (District Office): William M. Pope P.O. Box 771 Lubbock, Texas 79408-0771 (806) 745-4411 Approved as to Form: A,�YA_i th FuTTingim, Assi ant City Attorney Page 7 of 7 State Department of Highways and Public Transportation. Traffic Light Synchronization Program II Grant Application t) Legal Applicant a. Applicant Name City of Lubbock b. Organizational Unit Traffi c Engr. Dept. c.. Street/P.O. Box P • 0 . Box 2000 d. City Lubbock e. County Lubbock f. State TX g. Zip 79457 h. Population (1990 Census Bureau Figure): 188,283 L Project Grant Manager (Name & Telephone): David Woo 1 v767-2130 5) Proposed Funding :.. - a. State Oil Overcharge Funds $ s2-Snn b. Local 27,500 c. SDHPT (if signals are maintained and operated by SDHPT) $ -0 ~ d. Other (Specify) -' $ -0- e. Total S 110,000 NOTE: The oil overcharge amount for equipment • shall not exceed 20% of the total amount of oil overcharge funds requested, 2) Vendor Identification Number: 175-600-059-06-000 3) Project Traffic Engineer or Manager (Name & Telephone) t4) Numer of Signalized Intersections: • . In jurisdiction 163 • " In coordinated systems 96 • In proposed project 69 Attachments a. Standard Assurances b. Project Area Maps c. Description of Project d. Quality of Service e. Budget f. Project Task Responsibility g. Debarment Certification 6) General information a. Are any of your project signals operated or maintained by other agencies? Yes No x If yes, describe b. Who currently makes the decisions on how to set your signals? Traffic Engineer c. Approximately how many local staff person -years (or fraction thereof) are currently devoted to traffic signal timing in your jurisdiction? Include all categories of effort, including data acquisition, plan development, implementation, checking and surveillance. 1 1 /9 Comments: d. Who is currently responsible for maintaining your signals? Traffic Engineer e. Do you have plans for major capital improvements to upgrade your proposed project network? Yes No x If yes, do you have a schedule, budget proposal or funds already committed? Yes No x Explain: f. Have significant changes in traffic levels or patterns in the project area occurred as a result of new development, road improvements, etc, since the last retiming effort? Yes x No Explain: Major residential and some commercial development during, the lact seven years (over) Applicant City of Lubbock Attachment A Local Governments' Standard Assurances The Local Government hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including OMB Circulars A-102 and A- 87, as they relate to the application, acceptance, and use of state funds for this project. Also, the Local Government assures and certifies to the grant that: 1. It possesses legal authority to apply for the grant; that a resolution, motion, or -similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing "_.the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this agreement. . - 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employyment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided ..activity. 4. • It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (PL 91-646) which provides for fair and equitable treatment of persons displaced as a result of state or federal and state or federally assisted programs. S. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 6.� It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. - 7. It will establish safeguards to prohibit employees from using their positions for a pain os that is or gives the appearance of being motivated by a desire for private gain themselves or others, particularly those with whom they have family, usiness, or other ties. B. It will give the sponsoring agency the access to and the right to examine all records, books, papers, or documents related to the grant. 9. It will comply with all requirements imposed by the sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 10. It will insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the En- vironmental Protection Agency's (EPA) list of violating facilities and that it will notify the grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 11. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, PL 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the pur- chase of flood insurance in communities where such insurance is available as a con- dition for the receipt of any federal financial assistance for construction or acquisi- tion purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect federal assistance. 12. It will assist the grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended 06 USC 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (26 USC 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer to conduct the investigation, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR 800.8) by the activity, and notifying the federal grantor agency of the existence of any such properties, and by (b) complying with all requirements :.;. established by the federal grantor agency to avoid or mitigate adverse effects upon such properties. 13. It will comply with Texas Civil Statutes, Art. 5996a, by insuring that no officer, employee, or member of the applicant's governing body or of the applicant's contract shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years i prior to the election or appointment of the officer, employee, or governing body - member related to such person in the prohibited degree. — - It will insure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Texas Civil Statutes, Art. 6252-17a, unless otherwise expressly provided by law. It will comply with Texas Civil Statutes, Art. 6252-17, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. Applicant Ci ty of Lubbock Attachment B Project Area Maps Attach two 8 'A" x 11" maps as described below. A. A map showing the locale of each proposed TLS project within your jurisdiction. B. A map showing the signalized intersections of each system with the following information: 1. Average Daily Traffic 2. Circulation Pattern (Identify One -Way Streets) 3. A Scale or Identification of the Distance Between Adjacent Signals . 1 f . e lip 1 t t ' � r rfrt r`• �It 1 � 1 i t 1 • 8 J t� 1 1 ! y� 8 d � ••• ����� INSET i tl�w ..n\/t.l Ife !•cia.l 1 Its .00 I.1 If• i •tt If/ 10 0. Its ' IIf Ito .II 1 1 1 1 - — — — — — — _ — ' w v •••• II0 'i as Its its too W f11 .0 •I• n. t.l• �1 1 I � / t.f It. If. t•e I1. IM •M ••• ' / fY ,y III ••! \t t.n It 9 , as as /u\1 l say ••e LUBBOCK, TEXAS SIGNAL SY W ' 37 1 38 j LOVIS. RC. 41 4TH ST. 1 39 40 6TH ST ' 1 6TH Sr. I 36 1 IOTH ST. MAIN ST. 1 9ROAOwAY1 Q 43 1 14TH ST 13TH ST. uj > I 0 z 27 44 ISTH ST 1 U. 25 28 r 30 31 1 32 6 rH ST. x .35 ( 4 I 19TH st l29! ' 23 0 24 0 1 ►- h 33 Y I 0 26 I 1 1 0 > -I -� 29TH ORI VE W 11 ' �12 13 w IS 16 17 18 19 No sT. 20 21 ITI z 347H ST. • 22 CU 1 38TH ST. N W a a ul � Q ti >cc , r o • O Q N C Q Q C ; O Z .J Z 1' 1 H 2 3 @4 V N Q tvJ 0 W 6 W 7 a a W a 9 30TH ST. 10 ALL STREETS: 2-WAY ADT - • AVENUE P TRAFFIC 1 21780 10 20,410 19 19,660 28 41070 37 32,680 2 30,480 11 25,520 20 18 020 29 43,000 38 21,300 32 750 12 12,240 21 33,66C 30 39,280 39 25,930 4 33,150 13 20p10 22 26,740 31 32,920 40 23J390 5 38,040 14 22,180 23 24 23,570 2 28,050 41 24.910 6 33,100 1 15 23,29( 23470 33 27,410 42 14140 7 28,280 16 22,800 25 28,240 34 23,890 43 28,520 8 29,740 17 22.90 26 32,690 35 30,580 44 32,420 9 18,610 18 22,350 27 21,330 36 20,360 ' N • 0 1000 2000 3000 SCALE FEET Applicant City of Lubbock Attachment C Description of Project System Name: Computer Reti mi ng No. of Intersections: 69 System Configuration: Grid x Arterial x System Coordination: Hardwire x Time -Based System Controller: Type NEMA Maximum # of Time -of -Day Plans: Unlimited Current # of Time -of -Day Plans: 2-6 (depending on sub -system Indicate below each time period cycle length: AM Period 120"avq Mid -Day Period 85" avg PM Period 140" avg Last Date Timing Plans Revised for the Entire System: - 1987 Average Signal Spacing: 1500 feet *Note: Proposed configuration for project area is arterial. Proposed coordination for project area is time -based. Proposed controllers for project area is NEMA and one 170. Applicant City of Lubbock Attachment D C. ualit of Service RStudy Method (For Small and Medium Cities ONLY) The applicant is to use the following instructions to conduct quality of service tests of signals proposed to be included in the project. The attached Quality of Service" Summary is to be completed and submitted with the application. Introduction Establishing the demand for traffic signal retiming pro ects is particularly difficult unless extensive data collection and analysis is performed beforehand. Since such effort is an integral part of the project being proposed, it is beyond the scope of preliminary needs assessments associated with the grant application. Consequently, the TLS program will require a simple study of travel time performance for each project proposal which should be in the range of capabilities of applying local governments and provides a reasonable summary of the operational situation. This study is just a part of the review process, and will be used as an inexact guideline to assist in project selection and prioritization. General Description - The travel time study methods defined here are not intended to be conclusive or statistically comprehensive, but rather to be implementable by any local government using only a vehicle and a stopwatch. The study will be a general summary of delay on each street of the project. Data should only be collected on Tuesdays, Wednesdays and Thursdays. The study will cover only the peak period, as defined by the applicant. Applicants are encouraged to use the most heavily travelled time period of a typical day to establish the typical worst case. Travel times on all streets will be done during this time period, according to the following. methodology. Study Methodology An intersection is defined as a junction of streets controlled by a traffic signal which is part of the project being proposed. Travel time runs will be performed in all legal directions on each street in the project. A run is defined as a trip from the first network or arterial signal to the last network or _- arterial signal in one direction. For grid networks, two runs in each direction will be done for each network street that passes through two or more network signals. For arterial systems, three runs in each direction will be done. The time of crossing the stop line at the first signal will be recorded (or the stop -watch will be started) and the time of clearing the last intersection will be recorded (or the stop -watch will be stopped). The driver of the study vehicle should attempt to approach the first signal in a grid system once at the beginning and once during the middle of the green phase and, for an arterial, at the beginning, one-third point, and two-thirds point of the green phase. The driver should then attempt to drive the length of the street at the posted speed limit. Delay will be caused when other vehicles or traffic control devices impede the progress of the study vehicle, and the driver should not take extraordinary measures to avoid delay. Generally, the driver should stay in the most typically used through lane (such as the center or median lane). Accompanying the travel time run will be a description of the street geometry for each section of the street. A section is defined as the portion of the street extending from the stop line of one controlled intersection to the stop line of the next controlled inter- section downstream. Section length, number of lanes, and posted speed limit should be recorded. If the posted speed changes in the section, a weighted average should be calculated based on distance. For example, a section of street is 800 feet long, and is posted for 30 mph in the direction under consideration for 500 feet and 40 mph for 300 feet. The average posted speed would be (30 mph x 500 feet) + (40 mph x 300 feet) 800 teet = 33.75 mph Number of lanes is measured at the stop line at the beginning of the section, not including turn bays. For each street, average daily traffic counts should be provided. Data up to five years old is acceptable as long as significant changes in traffic patterns have not occurred. Free flow travel time should be calculated assuming no stops and traffic flow at the average posted speed limit. The free flow travel time for each section is the section len th divided by the speed in feet/sec. Speed in mph is converted to feet/sec by multiplying by 1.47. The total free flow travel time is the total of the section free flow travel times. The delay is the difference between free flow travel time and actual travel time, averaged from the travel time runs. For example, a street contains two sections. Section 1 is 800 feet and has a 35 mph average posted speed limit, and Section 2 is 1200 feet long and has a 40 mph average posted speed limit. The free flow travel time would be - 800 feet 1200 feet 35 mp x 1.47 + 40 mpFx 1.47 _ 36 seconds The Quality of Service Summary form has been provided to allow the convenient orga- nization of this data. One form should be filled out for each combination of street and direction. Applicants should duplicate the form as necessary. Summary The procedure outlined here will provide a rough synopsis of the existing typical worst case situation using data that can be collected very quickly. For arterial systems, only data along the arterial is necessary. The runs have been defined to eliminate the inclusion of boundary conditions (such as side street delay on an arterial), which, though they may inhibit a complete understanding of the situation, will allow arterial and grid networks to be compared in a similar light. City of Lubbock Applicant Attachment D Traffic light Synchronization Program II Quality of Service Summary (FOR SMALL AND MEDIUM CITIES ONLY) Agency: City of Lubbock Street Name: 4th: Street - Brownfield Road Direction of Travel Time Run: :westbound - Southwest bound Section Cross Street Name - Section Length Avg. Posted Speed Number of Lanes Free Flow Travel Time 1 Ave H 0 35 3 2 Ave L 1420 35 3 27.60 3 Ave Q j1770 39 3 3071 4 Ave U 1958 40 3 33.30 5 University 2525. .40 3 42.94 6 Boston 1095 36 3 20.60 , 7 Brownfield - 4th Indiana .4432 49 2 62.38 9 N.E. 19th 3670 47 2 53.44 10 S.W. 19th 400 40 2 6.80 11 Quaker 1970 43 2 31.07 12 Salem -Toledo 1970 49 2 27.68 13 29th Drive 3400 50 2 46.26 14 Slide Road 1100 50 2 14.9 15 16 17 18 19 20 Date(s) of Study: 7-16/7-24 Tea of Study: 4:30 - 5:45 'A f for Street: 26,056 Comments: ADT i s the average ADTS on arterial involved Total Free Flow Travel Time Measured Travel Time - Run 1 Run 2 Run 3 (Arterial Systems) Average Measured Travel Time Delay for this Street and Direction 6:48.66 11:49.42 11:42.87 8:49.15 10:47.48 3:58.82• Applicant City of Lubbock Attachment D Traffic Light Synchronization Program II Quality of Service Summary (FOR SMALL AND MEDIUM CITIES ONLY) Agency: City of Lubbock Street Name: 4th Street - Brownfield Rd Direction of Travel Time Run: .-North-westbound - Eastbound Section Cross Street Name Section Length Avg. Posted Speed Number of Lanes Free Flow Travel Time 1 Slide Road 0 45 3 0 2 29th Drive 1100 45 3 16.63 3 Salem -Toledo 3400 47 3 49.25 4 Quaker 1970 50 3 27.07 5 S.W. 19th 1970 40- 3 19.29 6 N.E. 19th 400 40 2 6.80 _ 7 Indiana 4200 51 2 57.15 4th-Brownfield Road 4432 55 2 55.20 9 9.59 10 University 1095 40 3 18.62 11 Ave U 2525 40 3 42.94 12 Ave Q 1958 40 3 33.30 13 Ave L 1770 40 3 30.10 14 Ave H 1420 36 2 27.00 15 16 17 18 19 20 Date(s) of Study: 7-1717-25 91 T' of Study: 4:30 - 5:45 A r for Street: 26,056 Comments: ADT is the average ADTs on arterial involved. Total Free Flow Travel Time Measured Travel Time - Run 1 Run 2 Run 3 (Arterial Systems) Average Measured Travel Time Delay for this Street and Direction Applicant City of Lubbock Attachment D Traffic Light Synchronization Program II Quality of Service Summary (FOR SMALL AND MEDIUM CITIES ONLY) Agency: City of Lubbock Street Name: 19th Street Direction of Travel Time Run: Eastbound Section Cross Street Name Section Length Avg. Posted Speed Number of Lanes Free Flow Travel Time 1 Frankford 0 0 3 2 3 42 43 2 81.87 4 Ouaker 5120 40 3 87.07 5 NE SW 19th 1625 40. 4 27.64 6 Memphis 1000 40 4 17.01 7 Indiana 2500 40 4 42.52 _ Flint 2000 39 4 32.03 9 Boston 1848 35 4 35.92 10 University 1393 35 2 27.07 11 Ave U 12 Avp T 647 35 2 12.58 13 Ave S 650 35 2 12.63 14 Ave Q 730 35 2 14.19 15 Ave L 1910 35 2 37.12 16 Ave K 270 35 2 5.25 17 Texas Ave 665 35 .2 12.93 18 Ave H 370 35 2 7.19 19 20 Date(s) of Study: 7/16 - 7-24 1991 f f Study: 4:30 - 5:45 for Street: 31 , 499 Comments: ADT 'is the average ADTs on arterial involved Total Free Flow Travel Time Measured Travel Time - Run 1 Run 2 Run 3 (Arterial Systems) Average Measured Travel Time Delay for this Street and Direction 8:04.40 24:30.34 13:54.68 11:36.64 13:20.55 5:16.15 Applicant City of Lubbock Attachment D Traffic Light Synchronization Program 11 Quality of Service Summary (FOR SMALL AND MEDIUM CITIES ONLY) Agency: Ci ty of Lubbock Street Name: 19th Street Direction of Travel Time Run: Westbound Section Cross Street Name Section Length Avg. Posted Speed Number of Lanes Free Flow Travel Time 1 Ave H 0 35 2 0 2 Texas 370 35 2 7.19 3 Ave K 665 35 2 12.93 4 Ave L 270 35 2 5.25 5 Ave Q 1910- 35 2 37.12 6 Ave S 730 35 2 14.19 7 Ave T 650 35 2 12. bi Ave U 647 35 2 12.58 9 2830 35 3 55.00 10 Boston 1393 35 3 27.07 11 33.00 12 TnHiAna 2000 43 3 17.73 13 Memphis 2500 44 3 38.63 14 Northeast 19th 1000 40 1.3 1 17.01 15 Quaker 1625 43 2 25.88 16 Slide 5120 45 2 77.40 17 Chicago 18 Frankford Zbbb 4b 3 38.82 19 20 Date(s) of Study: 7/17 - 7/25 91 kAfforStreet: of Study: 4:30 - 5:45 31,499 Comments: AN is the average ADTs on arterial involved: Total Free Flow Travel Time Measured Travel Time - Run 1 Run 2 Run 3 (Arterial Systems) Average Measured Travel Time Delay for this Street and Direction 7:49.35 11:35.01 12:44.71 12:46.86 12:22.53 4:33.18 Applicant City of Lubbock Attachment D Traffic Light Synchronization Program tt Quality of Service Summary (FOR SMALL AND MEDIUM CITIES ONLY) Agency: City of Lubbock Street Name: 34th Street Direction of Travel Time Run: Westbound Section Cross Street Name Section Length Avg. Posted Speed Number of Lanes Free Flow Travel Time 1 Ave L 0 35 2 0 2 Ave Q 2100 35 2 40.82 3 University 4550 35 2 88.44 4 Boston 1393 35 2 27.07 5 Flint 1848 35 2 35.92 6 Indiana 1.983 35 2 38.54 7 Memphis. 2640 35 2640 35 2 51.31 9 29th Drive 3600 35 2 69.97 10 Slide Road 1876 35 3 36.46 11 12 13 14 15 16 17 18 19 20 Date(s) of Study: 7-16/7-E41991 K ? of Study: 4:30 - 5:45 r for Street: 21,791 Comments: ADT is the average ADTs on arterial involved.' Total Free Flow Travel Time 7:19.84 - Measured Travel Time -Run 1 111:43.80 Run 2 1 13:29.69 Run 3 (Arterial Systems) Average Measured Travel Time Delay for this Street and Direction 13:36.17 12.56.66 5:36.82 - Applicant City of Lubbock Attachment D Traffic Light Synchronization Program II Quality of Service Summary (FOR SMALL AND MEDIUM CITIES ONLY) Agency: City of Lubbock Street Name: 34th Street Direction of Travel Time Run: Eastbound Section Cross Street Name Section Length Avg. Posted Speed Number of Lanes Free Flow Travel Time 1 51ide Rd 0 35 2 0 2 29th Drive 1876 35 2 36.46 3 Quaker 3600 35 2 69.97 4 Memphis 2640 35 2 51.31 5 51.31 6 Flint 1-983 35 2 38.54 7 Boston 1848 35 2 35.92 University' 1393 35 2 27.07 9 Ave Q 4550 35 2 88.44 10 Ave L 2100 35 11 12 13 14 15 16 17 18 19 20 Date(s) of Study: 7-17 7-25 19971 KT of Study: 4:30 - 5:45 A f for Street: 21,791 Comments: ADT' i s the average ADTs on arterial involved Total Free Flow Travel Time Measured Travel Time - Run 1 Run 2 Run 3 (Arterial Systems) Average Measured Travel Time Delay for this Street and Direction 7:19.84 11:55.78 10:19.75 10:33.67 10:56.73 3:36.89 Applicant City of Lubbock Attachment D Traffic Light Synchronization Program 11 Quality of Service Summary (FOR SMALL AND MEDIUM CITIES ONLY) Agency: City of Lubbock Street Name: 50th Street Direction of Travel Time Run: Eastbound Section Cross Street Name Section Length Avg. Posted Speed Number of Lanes Free Flow Travel Time 1 Utica 0 40 3 0 2 Quaker 2640 40 3 44.90 3 Memphis 2640 40 3 44.90 4 Indiana 2640 40 344-90 5 Gary 1312. 6 Flint .653 40 3 11.11 7 Elgin 667 40 3 11.34 _ Boston 1320 40 3 22.45 9 University 1320 40 3 22.45 10 Ave U 2640 40 3 44.90 11 Ave Q 1970 40 3 33.50 12 Avp 1 1975 40 3 33.59 13 14 15 16 17 18 19 20 Date(s) of Study: 7-16-7-24 1991 T' of Study: 4:30 - 5:45 A r for Street: 29,548 Comments: ADT is the average ADTs on arterial involved. - Total Free Flow Travel Time - Measured Travel Time - Run 1 Run 2 Run 3 (Arterial Systems) Average Measured Travel Time Delay for this Street and Direction 5:36.35 11:10.47 10:11.78 10:53.67 5:17.32- Applicant City of LUUbock Attachment D E Traffic Light Synchronization Program II Quality of Service Summary (FOR SMALL AND MEDIUM CITIES ONLY) Agency: City of Lubbock Street Name: 50th Street Direction of Travel Time Run: Westbound Section Cross Street Name Section Length Avg. Posted Speed Number of Lanes Free Flow Travel Time 1 Ave L 0 40 3 0 2 Ave Q 1975 40 3 33.59 3 Ave U 1970 40 3 33.50 4 University 2640 40 3 44.90 5 Boston 1320 40- 3 22.45 6 Elgin 1320 40 3 22.45 7 Flint 667 40 Gary 4U i i' 9 Indiana 1312 40 3 22.31 10 Memphis 2640 40 11 Quaker 2640 40 3 44.90 12 11tira 2640 40 3 44.90 13 14 15 16 17 18 19 20 Date(s) of Study: 7-17/7-25 1991 KT' c of Study: 4:30 - 5:45 A r for Street: 29,548 Comments: ADT is the average ADTs on arterial involved Total Free Flow Travel Time - Measured Travel Time- Run 1 Run 2 Run 3 (Arterial Systems) Average Measured Travel Time Delay for this Street and Direction 5:36.35 7:14.52 11:33.44 5:58.76 8:15.57 2:39.22 Applicant City of Lubbock Attachment D Traffic Light Synchronization Program 11 Quality of Service Summary (FOR SMALL AND MEDIUM CITIES ONLY) Agency: Ci ty of Lubbock Street Name: Ave. Q Direction of Travel Time Run: Northbound Section Cross Street Name Section Length Avg. Posted Speed Number of Lanes Free Flow Travel Time 1 Ave P 0 45 3 0 2 50th 1597 45 3 24.14 3 4 5 6 7 _ ' �3 - 9 10 11 12 13 14 15 16 17 18 19 20 Date(s) of Study: 7-16 7-24 1991 KT' ,?of Study: 4:30 - 5:45 A rfor Street: 20,410 Comments: Total Free Flow Travel Time Measured Travel Time - Run 1 Run 2 Run 3 (Arterial Systems) Average Measured Travel Time Delay for this Street and Direction 0:24.14 1:31.15 1:29.34 0:33.91 1:11.47 0:47.33- Applicant- City of Lubbock Attachment D Traffic Light Synchronization Program ff Quality of Service Summary (FOR SMALL AND MEDIUM CITIES ONLY) Agency: City of Lubbock Street Name: Ave Q Direction of Travel Time Run: -South -bound Section Cross Street Name Section Length Avg. Posted Speed Number of Lanes Free Flow Travel Time 1 50th 0 45 3 0 2 Ave P 1597 40 3 27.16 3 4 5 6 7 _ (�3. 9 10 11 12 13 14 15 16 17 18 19 20 Dates) of Study: 7-17/7-25 1991 ITTg of Study: 4:30 - 5:45 AD f for Street: 20,410 Comments: i Total Free Flow Travel Time Measured Travel Time - Run 1 Run 2 Run 3 (Arterial Systems) Average Measured Travel Time Delay for this Street and Direction 0:27.14 0:31.14 1:26.18 0:33.75 0:50.36 0:23.22 Applicant City of Lubbock Attachment D Traffic Light Synchronization Program II Quality of Service Summary (FOR SMALL AND MEDIUM CITIES ONLY) Agency: City of Lubbock Street Name: Ave Q Direction of Travel Time Run: Northbound Section Cross Street Name Section Length Avg. Posted Speed Number of Lanes Free Flow Travel Time 1 38th 0 45 3 0 2 34th 1250 45 3 18.90 3 32nd 800 45 3 12.09 4 5 6 7 _ L( 10 11 12 13 14 15 16 17 18 19 20 Date(s) of Study: 7-16/7-24 1991 T' o of Study: 4:30 - 5:45 FA r for Street: 26,740 Comments: Total Free Flow Travel Time Measured Travel Time - Run 1 Run 2 Run 3 (Arterial Systems) Average Measured Travel Time Delay for this Street and Direction 0:30.18 1:02.04 1:14.30 1:04.74 1:07.36 0:37.18 Applicant Attachment D 1 Traffic Light Synchronization Program II Quality of Service Summary (FOR SMALL AND MEDIUM CITIES ONLY) Agency: City of Lubbock Street Name: Ave Q Direction of Travel Time Run: Southbound Section Cross Street Name Section Length Avg. Posted Speed Number of Lanes Free Flow Travel Time 1 32nd 0 45 3 0 2 45 3 12.09 3 38th 1250 45 3 18.90 4 5 6 7 _ w.9 . 10 11 12 13 14 15 16 17 18 19 20 Date(s) of Study: 7-17/7-25 1991 NT*r-9 of Study: 4:30 - 5:45 A f for Street: 26,340 Comments: Total Free Flow Travel Time Measured Travel Time - Run 1 Run 2 Run 3 (Arterial Systems) Average Measured Travel Time Delay for this Street and Direction 0:30.99 0:35.63 1:13.29 1:11.50 0 : 40•. 51 Applicant Uity of Lubbock Attachment D Traffic Light Synchronization Program II Quality of Service Summary (FOR SMALL AND MEDIUM CITIES ONLY) Agency: City of Lubbock Street Name: Ave Q Direction of Travel Time Run: Southbound Section Cross Street Name Section Length Avg. Posted Speed Number of Lanes Free Flow Travel Time 1 Clovis Road 0 30 3 0 2 4th 754 33 3 14.16 3 6th 712 35 3 13.84 4 10th 1340 35 2 26.04 5 Main 350 35 2 6.80 6 Broadway, 350 35 2 6.80 7 13th 350 35 6.80 15th 680 35 3 13.22 9 16th 330 35 3 6.4 10 19th 1080 35 2 20.99 11 12 13 14 15 16 17 18 19 20 Dates) of Study: 7-1717-25 �91 IIq of Study: 4:35 - 4:45 AA f for Street: 27,633 Comments: ADT is the average ADTs on arterial involved Total Free Flow Travel Time Measured Travel Time - Run 1 Run 2 Run 3 (Arterial Systems) Average Measured Travel Time Delay for this Street and Direction 1:55.06 2:19.16 3:17.29 2:09.61 2:35.35 0:40;29 Applicant City of Lubbock Attachment D 1 Traffic Light Synchronization Program II Quality of Service Summary (FOR SMALL AND MEDIUM CITIES ONLY) Agency: City of Lubbock Street Name: _university Direction of Travel Time Run: _Southbound Section Cross Street Name Section Length Avg. Posted Speed Number of Lanes Free Flow Travel Time 1 4th 0 30 2 0 - 2 8th 1594 30 2 36.15 3 Main 900 30 2 20.4 4 Broadway 351 30 5 14th 664 30 2 15.06 6 15th 340 30 2 7. 7 19th 1356 30 3 30.75 _ �.3 9 10 11 12 13 14 15 16 17 18 19 20 Date(s) of Study: 7-16 7-24 1991 kArforStreet: o of Study: 4:30 - 5:45 27,413 Comments: ADT is the average ADTs on arterial street involved Total Free Flow Travel Time Measured Travel Time - Run 1 Run 2 Run 3 (Arterial Systems) Average Measured Travel Time Delay for this Street and Direction 1:58.08 1:40.52 4:00.30 3:42.98 3:07.60 1:09.52 +, r Applicant City of Lubbock. Attachment F C Project Task Responsibility J P Y .. (Please check appropriate agency or if joint responsibility, enter percentage for each.) Responsible Agency Task Loca Sta Consultant x x • Field check Equipment x • Collect field data x x- • Attend PASSER and TRANSYT Workshops x x • Code data in computer and complete initial simulation run x • Calibrate model x •. Complete "Before" field evaluation x • Complete optimization runs and selection of plans C', x x • Implement timing plans x x • Fine-tune timing plans x x • Attend Help Session (optional) x x • Complete simulation of plans implemented in field x • Complete "After" field evaluation * Enter "SDHPT" if the task is the Department's responsibility. Attachment E (page 2) Subcontracts Oil Overchar a Local Match* Funds Consultant Services ** $82,500 $13,244 Other _._.. Total Subcontracts ... ._.---.... _ .. — $82,500 $13,224 Others Grant Total Total Local Match (Indicate % of total project costs) Indicate SDHPT % of Local Match TOTAL PROJECT COST $82,500 * Designate if local match is from the City or the SDHPT. $27,500 ( 25 %) ( n % ) $110,000 L ** Attach detailed cost estimate. Applicant City of- Lubbock Attachment E Traffic Light Synchronization (TLS) Program II Budget Form Applicant Financial Contact: Robert Massengale Phone: (806) 767-2015 Personal Services Salaries and Wages for personnel involved in the planning, development and implementation of the proposed project Position Salary Rate Number of Oil Overcharge Local Match* Hours Funds • City - Engineer $21.06/hr 80 �1,FR5 nn Systems Tech $11.34/hr 120 ai,w nn Eng. Tech $ 9.00/hr 40 $ 360.00 Field Crew $1,500.00 . Total Personal Services $4,096.00 Operating Expenses Meals $94.00 x 2 Travel: Lodging $56.00 x 2 Car Rental $150.00 (Rates) Air Flight $100.00 x 2 Other: Other: Total Operating Expenses Equipment Items (List) (1) 170 controller $850.00 $8,500 Total Equipment Items $8,500 * Designate if local match is from the City or the SDHPT. Applicant City of Lubbock Attachment D1E Traffic Light Synchronization Program II Quality of Service Summary (FOR SMALL AND MEDIUM CITIES ONLY) Agency: City of Lubbock Street Name: university Direction of Travel Time Run: -Northbound Section Cross Street Name Section Length Avg. Posted Speed Number of Lanes Free Flow Travel Time 1 19th 0 40 3 0 2 3 14th 340 30 3 7.71 4 Broadway 664 30 3 15.06 5 6 8th 900 30 3 20.41 _ 7 4th 1594 30 3 36.15 9 10 11 ` 12 13 14 15 16 17 18 19 20 Date(s) of Study: 7-17/7-25 1991 9 of Study: 4:30 - 4:45 AD r for Street: 27,413 Comments: ADT is the average ADts on arterial involved Total Free Flow Travel Time Measured Travel Time - Run 1 Run 2 Run 3 (Arterial Systems) Average Measured Travel Time Delay for this Street and Direction 1:56.47 3:10.01 1:43.84 3:10.85 2:41.57 0:45•.10 C Applicant City of Lubbock Attachment G Debarment Certification (Negotiated Contracts) (1) The LOCAL GOVERNMENT certifies to the best of its knowledge and belief, that . it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public* transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity* with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions* terminated for cause or default. (2) Where the LOCAL GOVERNMENT is unable to certify to any of the statements in this certification, such LOCAL GOVERNMENT shall attach an explanation to this certification. *federal, state or local City Traffic Engineer 'Y5t e 8-16-91 Date Form 1734-A 4-89 Article 21. Signatory Warranty The undersigned signatory for the Local Government hereby represents and warrants that he is an official of the organization for which he has executed this contract and that he has full and complete authority to enter into the contract on behalf of the Local Government. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. LOCAL GOVERNMENT: The City of Lubbock Under authority of resolution or ordi- nance number 3673 4 we Title MAYOR THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission under authority of Minute Order 100002 for the purpose and effect of activating and/or carrying out the orders, establishing as policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date �� , / Z Traffic Operations Engineer Date sAT`I EST: J f Date For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence: For the Local Government: City of Lubbock Traffic Engineering Department P.O. Box 2000 Lubbock, TX 79457-2000 APPROVED AS TO CONTENT: David E. Woosley, City Traffic Engineer For the State (District Office): APPROVED AS TO FORM: 'J./Worth Fu ingim, ,A�sistant City Attorney Page 7 of 7 Article 21. Signatory Warranty The undersigned signatory for the Local Government hereby represents and warrants i that he is an official of the organization for which he has executed this contract and that he has full and complete authority to enter into the contract on behalf of the Local Government. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. LOCAL GOVERNMENT: The City of Lubbock Under authority of resolution or ordi- nance number 3673 C By r STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission under authority of Minute Order 82513. By Title A A Y 9.4> ' Traffic Operations Engineer Date zin / Z Date ATTES - , D ate For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence: For the Local Government: City of Lubbock Traffic Engineering P. 0. Box 2000 Lubbock, Texas 79457 APPROVED AS TO CONTENT: David E. Woosley City Traffic Engineer For the State (District Office): Mr. William M. Pope P. 0. Box 771 Lubbock, Texas 79408-0771 APPR AS TO FOR,JED T .� �Ym�'' X W \f J. Forth Fu ingim; Assi s ant City Attorney Page 7 of 7