Loading...
HomeMy WebLinkAboutResolution - 4559 - Agreement - TDOT - Installation & Reimbursement, Traffic Signals - 07_28_1994Resolution No. 4559 Item #20 July 28, 1994 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and the State of Texas acting by and through the Texas Department of Transportation for an agreement for the installation and reimbursement for the operation and maintenance of traffic signals for the City of Lubbock, which agreement is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of July 1994. ATTEST: Betty M. ohnson, CiW Secretary APPROVED AS TO CONTENT: Jpfyl D.41art, Jr., City Traffic ngineer AP DD OVED AS TO FORM: ald G. Vandiver, First Assistant City Attorney DGV:dp\G: cod=\Traffic.Ra June 21, 19964 Resolution No. 4559 Item #20 July 28, 1994 Contract No. AGREEMENT FOR THE INSTALLATION AND BZIMBURS FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS WITHIN A MUNICIPALITY STATE OF TEXAS § COUNTY OF TRAVIS $ This AGREEMENT made by and through the State of Texas acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of Lubbock, Texas , hereinafter called the "City," acting by and through its duly authorized officers, as evidenced by Resolution/QxdAxwmC* No. 4559 executed on July 28. 1994 , hereinafter acknowledged by reference. W I T N E S S E T H WHEREAS, by virtue of a Municipal Maintenance Agreement entered into by the City and the State on the 28th day of July , 19 94 the State has been authorized to maintain certain highway routes within the City; and WHEREAS, from time to time the City requests the State to install traffic signals on certain highways within the City; and WHEREAS, in accordance with Texas Administrative Code: Title 43 Texas Administrative Code Section 25.5, on the 27th day of May, 1987, the State Highway and Public Transportation Commission now the Texas Transportation Commission passed Commission Minute Order No. 85777, authorizing the State to install, operate and maintain traffic signals on: (a) highway routes not designated as full control of access inside the corporate limits of cities, having a population less than 50,000 1 of 8 AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 (latest Federal Census); and (b) highways designated as full control of access in all cities; and WHEREAS, the City has a population of (over/less) 46® 50,000 population according to the latest Federal Census;. and WHEREAS, the City requests the State to assume the installation, operation and maintenance responsibilities of the signalized intersections as shown in EXHIBIT 1, attached hereto and made a part of this Agreement; and WHEREAS, the City agrees to maintain and operate the signalized intersections with the State reimbursing the City for all maintenance and operations costs at a flat rate per location as shown on EXHIBIT 3. NOW, therefore, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: A G R E E M E N T Article I. Contract Period This Agreement becomes effective when fully executed by the City and the State and shall remain in force for a period of one year from the date of final execution by the State and shall be automatically renewed annually for a one year period, unless modified by mutual agreement of both parties, or terminated as hereinafter provided. Article 2. Construction Responsibilities .A. The State shall prepare or cause to be prepared the plans and specifications, advertise for bids, let the construction contract, or otherwise provide for the construction of new traffic signals and/or reconstruction of existing traffic signals (including, at the State's 2 of 8 AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 option, any special auxiliary equipment, interconnect and/or communication material and equipment), and will supervise construction, reconstruction or betterment work as required by said plans and specifications. As a project is developed to construction stage, either as a unit or in increments, the State will submit plans and specifications of the proposed work to the City and will secure the City's consent to construct the traffic signal prior to awarding the contract; said City consent to be signified by the signatures of duly authorized City officers in the spaces provided on the title sheet of plans containing the following notation: "Attachment No. NA to special Agreement for construction, maintenance and operation of traffic signals within municipality, dated NA The City -State construction, maintenance and operation responsibilities shall be as heretofore agreed to, accepted, and specified in the Agreement to which these plans are made a part." B. All costs of construction and/or reconstruction of new and existing traffic signals will be borne by the State, and the traffic signal system will remain the property of the State. Article 3. Maintenance, Operation, and Power Responsibilities A. The State shall be responsible for all electrical power costs for the operation of the traffic signals covered by this Agreement and shown on EXHIBIT 1. Power costs shall be billed as specified in EXHIBIT 2, "Traffic Signal Maintenance and Operations Provisions," attached hereto and made a part of this Agreement. B. The City will provide a trained staff to maintain and operate the traffic signals shown on EXHIBIT 1, and the State will reimburse the 3 of 8 AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 City at the flat rate shown in EXHIBIT 3 for parts and labor. All repairs shall be prioritized based on public safety and made as soon as possible. C. The City shall maintain and operate the traffic signals in accordance with the minimum requirements specified in EXHIBIT 2. D. The City shall maintain at least one log of all emergency calls and all routine maintenance. E. Routine maintenance will be performed by the city as specified in EXHIBIT 2. Article 4. Compensation A. The maximum amount payable under this Agreement is $44,702 per year. B. Calculations for the above lump sum amount shall be shown in EXHIBIT 3, attached hereto and made a part of this Agreement for maintaining and operating the traffic signal installations covered under this Agreement. C. The addition or deletion of traffic signals shall be made by supplemental agreement. Article 5. Payment A. The State agrees to reimburse the City at the flat rate shown in EXHIBIT 3 for maintenance and operation costs for the traffic signals described in EXHIBIT 1. The City shall submit to the State Form 132, "Billing Statement," or an invoice statement acceptable to the State on a (monthly/quarterly/annual basis). An original Form 132 or acceptable invoice and four copies shall be submitted to the following address: Texas Department of Transportation P. 0. Box 771 Lubbock, Texas 79408-0771 Attention: Teddy J. Copeland 4 of 8 AGREEMENT (TRAFFIC SIGNAL - TYPE R) 41-92 8. The City shall maintain a system of records necessary to support and establish the eligibility of all claims for payment under the terms of this Agreement. These records may be reviewed at any time to substantiate the payment by the State and/or determine the need for an adjustment in the amount paid by the State. C. The State shall make payment to the City within 30 days from receipt of the City's request for payment, provided that the request is properly prepared. D. Knockdowns or damage resulting from accident or act of God and requiring emergency replacement of major equipment shall not be included in the (monthly/ quarterly/annual) payments. For eligibility of payment for emergency replacement of major equipment, actual cost shall be submitted to the State for review and determination of reimbursement eligibility. E. Payment for the addition or deletion of a traffic signal installation shall be made by supplemental agreement. Article 6. Indemnification To the extent permitted by law, the City shall indemnify and save harmless the State, its agents or employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any person or property in consequence of any neglect in the performance, or failure of performance by the City, its agents, officers and employees, under this Agreement. Article 7. Termination A. This Agreement may be terminated by any of the following conditions: .(1) By mutual agreement and consent of both parties. 5 of 8 AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 (2) By the State upon thirty (30) days written notice to the City for failure of the City to provide adequate maintenance and operation services for those traffic signal installations which the City has agreed to maintain and operate. (3) By the State upon sixty (60) days written notice to the City that the State will assume operation and maintenance at the end of the one (1) year period of this contract. '(4) By the City upon one hundred twenty (120) days written notice to the State. B. In the event this Agreement is terminated by any of the above conditions, the maintenance and operation of the traffic signal systems shall become the responsibility of the State. Any State owned equipment being held by the City shall be promptly returned within 30 calendar days to the State upon termination of this Agreement. Article S. Subletting The City shall not sublet or transfer any portion of the work under this Agreement unless specifically approved in writing by the State. All subcontracts shall include the provisions required in this contract and shall be approved in writing by the State. Article 9. Amendments Changes in the character, costs, provisions in the attached exhibits, responsibilities or obligations authorized herein shall be enacted by written amendment. Any amendment to this Agreement must be executed by both parties. Article 10. Successors and Assigns The State and the City bind themselves, successors, assigns and legal representatives to the other party to this Agreement and the successors, 6 of S AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 assigns and legal representatives of such other party to all covenants and provisions provided herein. Furthermore, the City shall not assign, sublet or transfer any interests in this Agreement without the written consent of the State. Article 11. Legal Construction In case any one or more of the provisions contained in this Agreement shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Article 12. Prior Agreements Superseded This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Article 13. Gratuities Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Texas Department of Transportation Executive Director. Any person doing business with or who reasonably speaking do business with the State under this contract may not make any offer of benefits, gifts or favors to Departmental employees, except as mentioned hereabove. Failure on the part of the City to adhere to this policy may result in the termination of this contract. 7 of 8 AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 IN WITNESS WHEREOF, the parties have executed duplicate counterparts to effectuate this Agreement. Mayor (Title) July 28, 1994 (Date) ATTEST: ity Sec etary APPROVED AS TO CONTENT: M '0�w APPROVED AS TO FORM: 4�Z�iver. G. VandFirst Assistant City Attorney THE STATE OF TEXAS Certified as being executed for the purpose and affect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002. By: Traffic Operations Engineer 8 of 8 AGREEMENT (TRAFFIC SIGNAL - TYPE R) Date: 01-92 EXHIBIT 1 Signalized intersections on State Highways located within the City of LUBBOCK. Type of Signal Location South Loop 289 frontage roads and: I. III (1) University Ave. 2. III (2) Indiana Ave. 3. III (3) Quaker Ave. 4. III (4) Slide Road West Loop 289 frontage road and: 5. IV (5) U.S. 62-82 (Brownfield Hwy.) 6. III (6) 34th Street 7. III (7) 4th Street III North Loop 289 frontage road and: 8. III (8) Quaker Ave. 9. I (9) U.S. 84 (Clovis Hwy.) 10. III (10) University Ave. Interstate Highway 27 frontage roads and: 11-12.III (1-2) U.S. 84 and Business U.S. 87 13. III (3) 50th Street 14. III (4) 42nd Street 15. III (5) 34th Street 16. III (6) 19th Street 17. II (7) Ave. E and 13th 18. III (8) 4th Street 19. III (9) Municipal Drive 20. VI (10) Erskine Street 21-22. VI (11-12) North Loop 289 frontage roads 23. VI (13) Regis Street TOTALS: Type I - 1 ' II - 1 ' III - 16 ' IV - 1 ' V - 0 ' VI - 4 23 EXHIBIT 1 - Location AGREEMENT (TRAFFIC SIGNAL - TYPE R) EXHIBIT 2 TRAFFIC SIGNAL MAINTENANCE AND OPERATION PROVISIONS The maintaining and operating agency agrees to: 1. Inspect the highway traffic signal system a minimum of once every four weeks and replace burned out lamps or damaged sockets as may be required. The reflector and lens should be cleaned each time a lamp is replaced. All replacement lamps shall equal the wattage and type of the existing lamp. 2. Keep signal posts, controller pedestals, and foundations in alignment. 3. Keep signal posts and controller pedestals tight on foundation. 4. Keep signal heads aligned and controller cabinets tight on their pedestals and properly adjusted. S. Check the controllers, conflict monitors, loop amplifiers, relays, and detectors a minimum of once every three months to ascertain that they are functioning properly and make all necessary repairs and replacements. 6. Keep interior of controller cabinets in a neat and clean condition at all times. 7. Clean reflectors, lenses, and lamps a minimum of once every twelve months. S. Repaint all highway traffic signal components exposed to weather with a non -lead based paint a minimum of once every two years. Plastic signal heads and galvanized and aluminum components are excluded. 9. Group relamp highway traffic signal heads at the expiration of the average rated lamp life. 10. Repair or replace any and all equipment that malfunctions or is damaged. 1l.- Provide alternate traffic control during a period of failure or when the controller must be repaired. This may be accomplished through installation of a spare controller, placing the intersection on flash, manually operating the controller, or manually directing traffic through the use of proper authorities. In addition, barricades and warning signs shall be provided in accordance with the requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices. 1 - 2 EXHIBIT 2 - MAINTAIN AND OPERATE AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 12, Provide maintenance personnel trained in the maintenance of traffic signal equipment who will be available to respond to emergency calls from authorized parties 24 hours a day, including Saturdays, Sundays and holidays. 13. Provide the State and local law enforcement agencies the location and respective names and telephone numbers of individuals responsible for emergency maintenance. 14. Document routine observations during the year by trained City personnel of traffic signal operation at each traffic signal during various times of the day to assure fair distribution of time for all traffic movements (phases) during varying traffic conditions. 15. Check cabinet filter a minimum of once every six months and clean if necessary. Cabinet filter shall be replaced every two years. 16. Document all checks and corrective actions. Power costs shall be billed directly to the State. 2 - 2 EXHIBIT 2 - MAINTAIN AND OPERATE AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 EXHIBIT 3 Type I- Actuated Signals at conventional intersection and at Tee intersections shall be reimbursed at S 1.900.00 per intersection per year. Calculations: Engineering - $ 494 Labor - $89 Equipment - 266 Materials - S51 $ 1,900 Type II- Fixed Time Signals shall be reimbursed at S 1,900.00 per intersection per year. Calculations: Engineering - $ 494 Labor - 589 Equipment - 266 Materials - 551 $ 1,900 Type III- Diamond Interchanges Signals with one controller shall be reimbursed at S 2.226.00 per intersection per year. Calculations: Engineering - $ 597 Labor - 690 Equipment - 312 Materials - 645 $ 2,244 Type IV- Diamond Interchanges Signals with two or more controllers shall be reimbursed at S 3.000.00 per intersection per year. Calculations: Engineering - $ 780 Labor - 930 Equipment - 420 Materials - 870 $ 3,000 Type Y- Sign Mounted Flashers shall be reimbursed at S 500.00 per unit per year. Calculations: Engineering - $ 130 Labor - 155 70 Soo Equipment - Materials - 145 S Type YI- Overhead Flashing Beacons shall be reimbursed at S 500.00 per intersection per year. Calculations: Engineering - $ 130 Labor - 155 Equipment - 10 Materials - 145 s 500 EXHIBIT 3 - COSTS AGREEMENT (TRAFFIC SIGNAL - TYPE R) imi a Fa=w-2e-r__ -- , III_=.� c MEMORANDUM DATE: August 22, 1994 TO: Betty Johnson City Secretary FROM: Jere Hart City Traffic Engineer RE: Agreement Please find enclosed a signed copy of the Traffic Signal Agreement - Type R between the City of Lubbock and TxDOT which was sent to the Austin office for signatures. f� Hart C.ty Traffic Engineer iti ;�78. M E M O R A N D U M TO: Mr. Carl Utley Lubbock District Office FROM: Gary K. Trietsch, P.E. SUBJECT: Traffic Signal Agreement - Type R County: Lubbock It DATE: August 9, 1994 Originating Office Traffic Operations-TE Attached for your file and distribution is one signed copy of the subject agreement executed between the State and the City of Lubbock. A signed original is being sent to the Contract Management Section of the General Services Division for their files and one signed copy is being retained for the files of the Traffic Engineering Section of the Traffic Operations Division. EBJ:cn Attachment DISTPICT i V�� A U G 18 1994 s ^�'S fAU7^rT� ! RB Resolution No. 4559 Item #20 July 28, 1994 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and the State of Texas acting by and through the Texas Department of Transportation for an agreement for the installation and reimbursement for the operation and maintenance of traffic signals for the City of Lubbock, which agreement is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of July 1994. ATTEST: Betty M. golfnsok CitySecretary APPROVED AS TO CONTENT: ipfyl D.41art, Jr., City Traffic'Engineer AS TO FORM: Assistant City Attorney DGV:dp\GAccdocs\Tra89c1tes hue 21, 1994 Resolution No. 4559 Item #20 July 28, 1994 Contract No. AGREEMENT FOR THE INSTALLATION AND REIMBURSFOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS WITHIN A MUNICIPALITY STATE OF TEXAS § COUNTY OF TRAVIS § This AGREEMENT made by and through the State of Texas acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of Lubbock, Texas , hereinafter called the "City," acting by and through its duly authorized officers, as evidenced by Resolution/OXAd(&r&& No. 4559 , executed on July 28, 1994 , hereinafter acknowledged by reference. W I T N E S S E T H WHEREAS, by virtue of a Municipal Maintenance Agreement entered into by the City and the State on the 28th day of July 19 94, the State has been authorized to maintain certain highway routes within the City; and WHEREAS, from time to time the City requests the State to install traffic signals on certain highways within the City; and WHEREAS, in accordance with Texas Administrative Code: Title 43 Texas Administrative Code Section 25.5, on the 27th day of May, 1987, the State Highway and Public Transportation Commission now the Texas Transportation Commission passed Commission Minute Order No. 85777, authorizing the State to install, operate and maintain traffic signals on: (a) highway routes not designated as full control of access inside the corporate limits of cities, having a population less than 50,000 1 of 8 AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 (latest Federal Census); and (b) highways designated as full control of access in all cities; and WHEREAS, the City has a population of (over/less} Wom 50,000 population according to the latest Federal Census;. and WHEREAS, the City requests the State to assume the installation, operation and maintenance responsibilities of the signalized intersections as shown in EXHIBIT 1, attached hereto and made a part of this Agreement; and WHEREAS, the City agrees to maintain and operate the signalized intersections with the State reimbursing the City for all maintenance and operations costs at a flat rate per location as shown on EXHIBIT 3. NOW, therefore, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: A G R E E M E N T Article 1. Contract Period This Agreement becomes effective when fully executed by the City and the State and shall remain in force for a period of one year from the date of final execution by the State and shall be automatically renewed annually for a one year period, unless modified by mutual agreement of both parties, or terminated as hereinafter provided. Article 2. Construction Responsibilities -A. The State shall prepare or cause to be prepared the plans and specifications, advertise for bids, let the construction contract, or otherwise provide for the construction of new traffic signals and/or reconstruction of existing traffic signals (including, at the State's 2 of 8 AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 option, any special auxiliary equipment, interconnect and/or communication material and equipment), and will supervise construction, reconstruction or betterment work as required by said plans and specifications. As a project is developed to construction stage, either as a unit or in increments, the State will submit plans and specifications of the proposed work to the City and will secure the City's consent to construct the traffic signal prior to awarding the contract; said City consent to be signified by the signatures of duly authorized City officers in the spaces provided on the title sheet of plans containing the following notation: "Attachment No. NA to special Agreement for construction, maintenance and operation of traffic signals within municipality, dated NA The City -State construction, maintenance and operation responsibilities shall be as heretofore agreed to, accepted, and specified in the Agreement to which these plans are made a part." B. All costs of construction and/or reconstruction of new and existing traffic signals will be borne by the State, and the traffic signal system will remain the property of the State. Article 3. Maintenance, Operation, and Power Responsibilities A. The State shall be responsible for all electrical power costs for the operation of the traffic signals covered by this Agreement and shown on EXHIBIT 1. Power costs shall be billed as specified in EXHIBIT 2, "Traffic Signal Maintenance and Operations Provisions," attached hereto and made a part of this Agreement. B. The City will provide a trained staff to maintain and operate the traffic signals shown on EXHIBIT 1, and the State will reimburse the 3 of 8 AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 City at the flat rate shown in EXHIBIT 3 for parts and labor. All repairs shall be prioritized based on public safety and made as soon as possible. C. The City shall maintain and operate the traffic signals in accordance with the minimum requirements specified in EXHIBIT 2. D. The City shall maintain at least one log of all emergency calls and all routine maintenance. E. Routine maintenance will be performed by the city as specified in EXHIBIT 2. Article 4. Compensation A. The maximum amount payable under this Agreement is $44,702 per year. B. Calculations for the above lump sum amount shall be shown in EXHIBIT 3, attached hereto and made a part of this Agreement for maintaining and operating the traffic signal installations covered under this Agreement. C. The addition or deletion of traffic signals shall be made by supplemental agreement. Article 5. Payment A. The State agrees to reimburse the City at the flat rate shown in EXHIBIT 3 for maintenance and operation costs for the traffic signals described in EXHIBIT 1. The City shall submit to the State Form 132, "Billing Statement," or an invoice statement acceptable to the State on a (*ePAAQry-/quarterly/ ). An original Form 132 or acceptable invoice and four copies shall be submitted to the following address: Texas Department of Transportation P. 0. Box 771 Lubbock, Texas 79408-0771 Attention: Teddy J. Copeland 4 of 8 AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 B. The City shall maintain a system of records necessary to support and establish the eligibility of all claims for payment under the terms of this Agreement. These records may be reviewed at any time to substantiate the payment by the State and/or determine the need for an adjustment in the amount paid by the State. C. The State shall make payment to the City within 30 days from receipt of the City's request for payment, provided that the request is properly prepared. D. Knockdowns or damage resulting from accident or act of God and requiring emergency replacement of major equipment shall not be included in the (v+e"*h-;6W quarterly/ann2vai) payments. For eligibility of payment for emergency replacement of major equipment, actual cost shall be submitted to the State for review and determination of reimbursement eligibility. E. Payment for the addition or deletion of a traffic signal installation shall be made by supplemental agreement. Article 6. Indemnification To the extent permitted by law, the City shall indemnify and save harmless the State, its agents or employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any person or property in consequence of any neglect in the performance, or failure of performance by the City, its agents, officers and employees, under this Agreement. Article 7. Termination A. This Agreement may be terminated by any of the following conditions: (1) By mutual agreement and consent of both parties. 5 of 8 AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 (2) By the State upon thirty (30) days written notice to the City for failure of the City to provide adequate maintenance and operation services for those traffic signal installations which the City has agreed to maintain and operate. (3) By the State upon sixty (60) days written notice to the City that the State will assume operation and maintenance at the end of the one (1) year period of this contract. '(4) By the City upon one hundred twenty (120) days written notice to the State. B. In the event this Agreement is terminated by any of the above conditions, the maintenance and operation of the traffic signal systems shall become the responsibility of the State. Any State owned equipment being held by the City shall be promptly returned within 30 calendar days to the State upon termination of this Agreement. Article 8. Subletting The City shall not sublet or transfer any portion of the work under this Agreement unless specifically approved in writing by the State. All subcontracts shall include the provisions required in this contract and shall be approved in writing by the State. Article 9. Amendments Changes in the character, costs, provisions in the attached exhibits, responsibilities or obligations authorized herein shall be enacted by written amendment. Any amendment to this Agreement must be executed by both parties. Article 10. Successors and Assigns The State and the City bind themselves, successors, assigns and legal representatives to the other party to this Agreement and the successors, 6 of 8 AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 assigns and legal representatives of such other party to all covenants and provisions provided herein. Furthermore, the City shall not assign, sublet or transfer any interests in this Agreement without the written consent of the State. Article 11. Legal Construction In case any one or more of the provisions contained in this Agreement shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Article 12. Prior Agreements Superseded This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Article 13. Gratuities Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Texas Department of Transportation Executive Director. Any person doing business with or who reasonably speaking do business with the State under this contract may not make any offer of benefits, gifts or favors to Departmental employees, except as mentioned hereabove. Failure on the part of the City to adhere to this policy may result in the termination of this contract. 7 of 8 AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 IN WITNESS WHEREOF, the parties have executed duplicate counterparts to effectuate this Agreement. The Ci of :� LU 8 K By (N e Mai nr (Title) July 28, 1994 (Late) ATTEST: &W, A�, C4V City S cretary APPROVED AS TO CONTENT: <az41*) Jery ar r., Atyy4ci er APPROVED AS TO FORM: D nald G. Vandiver, First Assistant City Attorney 8 of 8 AGREEMENT (TRAFFIC SIGNAL - TYPE R) THE STATE OF TEXAS Executed for the Executive Director and approve( for the Texas Transportation Commission under the Authority of Minute Order 100002 and Administrative Circular 26-93, for the purpose and effect of activating and/or carrying out the orders, established policies or work programs by the Texas Transportation Commission. By: ,P.E. Direct Traffic Opera ti ns Division Date: 9 `/ 9y 01-92 EXHIBIT 1 Signalized intersections on State Highways located within the City of LUBBOCK. Type of Signal Location South Loop 289 frontage roads and: 1. III (1) University Ave. 2. III (2) Indiana Ave. 3. III (3) Quaker Ave. 4. III (4) Slide Road West Loop 289 frontage road and: 5. IV (5) U.S. 62-82 (Brownfield Hwy.) 6. III (6) 34th Street 7. III (7) 4th Street III North Loop 289 frontage road and: 8. III (8) Quaker Ave. 9. I (9) U.S. 84 (Clovis Hwy.) 10. III (10) University Ave. Interstate Highway 27 frontage roads and: 11-12.III (1-2) U.S. 84 and Business U.S. 87 13. III (3) 50th Street 14. III (4) 42nd Street 15. III (5) 34th Street 16. III (6) 19th Street 17. II (7) Ave. E and 13th 18. III (8) 4th Street 19. III (9) Municipal Drive 20. VI (10) Erskine Street 21-22. VI (11-12) North Loop 289 frontage roads 23. VI (13) Regis Street TOTALS: Type I - 1 " II - 1 " III - 16 " IV - 1 " V - 0 " VI - 4 23 EXHIBIT 1 - Location AGREEMENT (TRAFFIC SIGNAL - TYPE R) EXHIBIT 2 TRAFFIC SIGNAL MAINTENANCE AND OPERATION PROVISIONS The maintaining and operating agency agrees to: 1. Inspect the highway traffic signal system a minimum of once every four weeks and replace burned out lamps or damaged sockets as may be required. The reflector and lens should be cleaned each time a lamp is replaced. All replacement lamps shall equal the wattage and type of the existing lamp. 2. Keep signal posts, controller pedestals, and foundations in alignment. 3. Keep signal posts and controller pedestals tight on foundation. d. Keep signal heads aligned and controller cabinets tight on their pedestals and properly adjusted. 5. Check the controllers, conflict monitors, loop amplifiers, relays, and detectors a minimum of once every three months to ascertain that they are functioning properly and make all necessary repairs and replacements. 6. Keep interior of controller cabinets in a neat and clean condition at all times. 7. Clean reflectors, lenses, and lamps a minimum of once every twelve months. 8. Repaint all highway traffic signal components exposed to weather with a non -lead based paint a minimum of once every two years. Plastic signal heads and galvanized and aluminum components are excluded. 9. Group relamp highway traffic signal heads at the expiration of the average rated lamp life. 10. Repair or replace any and all equipment that malfunctions or is damaged. il._ Provide alternate traffic control during a period of failure or when the controller must be repaired. This may be accomplished through installation of a spare controller, placing the intersection on flash, manually operating the controller, or manually directing traffic through the use of proper authorities. In addition, barricades and warning signs shall be provided in accordance with the requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices. 1 - 2 EXHIBIT 2 - MAINTAIN AND OPERATE AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 12. Provide maintenance personnel trained in the maintenance of traffic signal equipment who will be available to respond to emergency calls from authorized parties 24 hours a day, including Saturdays, Sundays and holidays. 13. Provide the State and local law enforcement agencies the location and respective names and telephone numbers of individuals responsible for emergency maintenance. 14. Document routine observations during the year by trained City personnel of traffic signal operation at each traffic signal during various times of the day to assure fair distribution of time for all traffic movements (phases) during varying traffic conditions. 15. Check cabinet filter a minimum of once every six months and clean if necessary. Cabinet filter shall be replaced every two years. 16. Document all checks and corrective actions. Power costs shall be billed directly to the State. 2 - 2 EXHIBIT 2 - MAINTAIN AND OPERATE AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 EXHIBIT 3 Type I- Actuated Signals at conventional intersection and at Tee intersections shall be reimbursed at S 1.900.00 per intersection per year. Calculations: Engineering - S 494 Labor - 589 Equipment - 266 Materials - 551 $ 1,900 Type II- Fixed Time Signals shall be reimbursed at S 1,900.00 per intersection per year. Calculations: Engineering - $ 494 Labor - 589 Equipment - 266 Materials - 551 $ 1,900 Type III- Diamond Interchanges Signals with one controller shall be reimbursed at S_2,226.00 per intersection per year. Calculations: Engineering - $ 597 Labor - 690 Equipment - 312 Materials - 645 $ 2,244 Type IV- Diamond Interchanges Signals with two or more controllers shall be reimbursed at S 3,000.00 per intersection per year. Calculations: Engineering - $ 780 Labor - 930 Equipment - 420 Materials - 870 $ 3,000 Type V- Sign Mounted Flashers shall be reimbursed at S 500-00 per unit per year. Calculations: Engineering - $ 130 Labor - 155 Equipment - 70 Materials - 145 $ 500 Type YI- Overhead Flashing Beacons shall be reimbursed at $ 500.00 per intersection per year. Calculations: Engineering - $ 130 Labor - 155 Equipment - 70 Materials - 145 $ 500 EXHIBIT 3 - COSTS AGREEMENT (TRAFFIC SIGNAL - TYPE R) No Text