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HomeMy WebLinkAboutResolution - 022874A - Agreement - TDHPT - TOPICS Program - 02_28_197401277 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 between the City of Lubbock and the Texas Highway Department for TOPICS Pro- gram for a traffic adjusted signal and control system in Southwest Lubbock, attached herewith 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 February , 1974. MORRIS W. TURNER, MAYOR ATTEST: i� Treva Phillips, City Sec tary-Treasurer a APPROVED AS TO FORM: �w ed O. Senter, Jr. , Cit o ney S % Zt p� K COMMISSION s r EA.4igHt��6 i REAGAN HOUSTON. CHAIRMAN TEXAS HIGHWAY DEPARTMENT DEWITT C. GREER Box 771 CHARLES E. SIMONS Lubbock, Texas 79408 2 -' 1974 March 22, 1974 r CITY P', .t,1 ,1-:ER'S OFFICE �.ci� III iS Fiji Y RFCFR T FILE NO. TM 9013(4), T 9013 (3) and T 9013 (5) Lubbock County (IPE 906) Control 52-2-2, etc., 130-5-43 and 130-5-44 Highway: MH 18, 19 & 20 and US 62 Traffic Adjusted Control and Signal System in Southwest Lubbock Mr. N. B. McCullough City Manager City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Dear Sir: �o f Attached for your records is an executed copy of the TOPICS Construction and Maintenance Agreement, dated March 18, 1974, between the City and the State for the ab rojects. S n ely y , George C. Wall, J . District Engineer District Five (5) JWS/es Encl. cc: D-8 F II D-18 T � � r STATE OF TEXAS I COUNTY OF TRAVIS I This AGREEMENT, made this j8 y"i, � day of ���`ie 11 1974, by and between the State of Texas, acting through the Texas Highway Department, hereinafter called the "State", Party of the First Part, and the City of Lubbock, Lubbock County, Texas, acting by and through its duly authorized officers under a Resolution passed the day of e 6 v V-r , 1974, hereinafter called the "City", Party of the Second Part: W I TN E S S E TH WHEREAS, the State and the City wish to cooperate, as evidenced by Minute Order 66209, dated May 1, 1972, and Minute Order No. 68373 dated January 29, 1974, in the purchase and installation of certain traffic signal and control devices under an Urban "Traffic Operations Program to Increase Capacity and Safety", as set forth in the 1968 Federal Aid Highway Act, by means of a project for a "Traffic Adjusted Signal and Control System in Southwest Lubbock" including signals at the intersections with locations listed in EXHIBIT 1, PLANS, attached hereto and made a part hereof, in the City: A G R E E M E N T• NOW, therefore, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed,. as hereinafter set forth, it is agreed as follows: 1, The complete plans and specifications for "Traffic Adjusted Signal and Control System in Southwest Lubbock*" prepared by the City, supplemented by cer- tain essential provisions for handling by the State, and subsequently approved by the City and the State, as shown in EXHIBIT 29 SPECIFICATIONS,;. attached hereto and made a part hereof, described the work to be done under this agreement, in compliance and conformity with applicable recognized standards of the American 1 a 2 t Association of State Highway Officials and the Institute of Traffic Engineers as referred to therein, and in conformity with other standards for materials, man- ufacture and performance, as referred to in EXHIBIT 2. 2. The City and the State hereby consent to the construction of the traffic signals at the intersections as shown listed in EXHIBIT 1, and to the location and manner of construction as shown therein and described in EXHIBIT 2. 3. The State will finance and build the complete signal and control system, except for City expense as provided in Section 4 below, under contracts let and executed by the State covering all necessary equipment and materials and their installation, provisions for handling traffic during construction operations, and satisfactory street paving and sidewalk repairs necessary following cuts required for the construction, as provided for in the plans and specifications, EXHIBITS:.1;end 2. Since Federal funds are involved for part of the financing of this work, the State will be responsible for records and accounts as required for compliance with the Federal Aid Highway Act of 1968, and regulations applicable to this Act. 4. The City will pay the State any additional cost incurred by the purchase and use of controllers and equipment for modification of the existing master con- troller of the type preferred by the City, as compared to the cost of similar con- trollers and modification equipment of a type for which competitive bids could be obtained. The additional cost for the preferred controllers and equipment shall be figured by comparison of costs based on the contractor's breakdown of unit prices required for computation of partial payments. For any items which do not afford a direct comparison of such unit prices, a reasonable indirect comparison based on available prices for similar items shall be used in determining the proper value of additional cost. In the use of controller and equipment prices covering both purchase and installation, proper accounting of installation costs shall be made in determining additional cost for the items of preferred type. The City J � � 3 shall furnish to the State a check for $ 2,000.00, made payable to Texas Highway Department, Trust Fund Account 927, as an escrow payment on the additonal cost for the items of preferred type, and this payment shall be supplemented or reduced as required to adjust the City's payment to the actual additonal cost for the items of preferred type, as determined after award of the contract and comparison of prices. S. The State's contractor will purchase and install all equipment and mat- erials for the complete signal and control system, and perform all incidental work and repairs, as provided for in the plans and specifications, EXHIBITS 1 and 2, in accordance with the State's established procedure for construction of contract pro- jects, utilizing dedicated public streets and alleys exclusively for the installation of surface, underground and overhead facilities for the project. The use of City owned power poles for supporting overhead cables is contemplated and agreed upon as ordinary construction practice for this project. If the use of other poles owned by corporate, utilities is found to be more practical and is desired by the City, the City shall secure permission and furbish written authorization for the contractor to install hangers and cable on poles owned by others. 6. The City shall determine and stake locations and grades for system components, such as traffic signal controllers, traffic signal poles, arms and heads, vehicle detectors, underground conduit and overhead cable, in accordance with the allowable variations permitted by the,plans and specifications, upon prior request by the State's contractor and promptly after such request so as to prevent unnecessary or undue delay to the contractor's work. The City also shall provide all available information to the State or to the contractor regarding the locations and depths below ground or pavement surface for City owned underground utilities, including water, sewer and electric lines, for the purpose of avoiding or minimizing damage to such facilities and interruptions of services. This pro- vision, however, shall not relieve the contractor of any responsibility for damages, . � 4 inconvenience, or repair expenses to existing utility facilities, in connection with construction operations. 7. The State, as contracting agent for the proposed improvements, and the City,:,as prospective operating and maintaining agent for the improvements in the completed system, shall cooperate in every feasible way to secure a satisfactory system and installation, as provided for by the plans and specifications. The State shall be the responsible agent for providing all necessary inspection of materials, equipment and construction procedures, under its established practice for.contract projects. The City shall assist the State by furnishing information and advice for the purpose of providing improved operating and maintenance conditions in the com- pleted project, and the State shall attempt to secure the desired conditions so far as its contract provisions permit. When emergency conditions occur, in which City assistance in handling traffic or in repairing breaks in utility lines might prevent or reduce damage or hazards to the public, the City shall institute and carry on at its own expense any remedial or corrective measures it considers to be necessary or desirable in the circumstances. 8. The City shall assist the State in keeping complete and detailed records for delivery to the City of all equipment and materials salvaged from existing signal and control installations at the locations shown in EXHIBIT 1. All such equip- ment and materials shall be delivered by the contractor to the City at suitable spec- ified locations and shall;;be accounted for by receipts. The City shall make available to the State, and to any other agency involved in the funding of this project, the complete records covering the cost and salvage values for all parts of_:the salvaged equipment and materials, as may be needed for adjustment of loss or damage. 9. The City will operate and maintain the traffic signals and control system upon completion of the installation, and will pay all power costs for operating the system. 5 10. The City will return any and all parts of the equipment and materials in the system covered by this agreement to the State should they be removed by the City for any reason other than for installation on a State or Federal numbered highway route at a location approved by the,State. 11. The City will pass and enforce any ordinances and regulations necessary to provide for traffic operations in accordance with proper and effective utilization of the traffic signal and control system. 12. The City will maintain its existing traffic engineering department which is capable of designing, operating and maintaining the improvements covered by this agreement in a manner satisfactory to the State. 13. The City will operate the control system with the objective of increasing or optimizing the capacity and safety of traffic operations on streets in the project area, with due regard to the needs of both urban and highway traffic, in accordance with recognized principles of current traffic engineering practice. Any questions that may arise concerning general operating practices involving the system and the streets in the project area will be negotiated by the City and the State. 14. The City will continue its existing regulations prohibiting parking or requiring parallel parking at the curb on the segments of 19th, 34th, and 50th Streets and Slide Road in the project area, and will not permit angle parking at the curb on these street segments without securing prior approval from the State. 15. The City and the State shall cooperate in collecting and analyzing data for evaluating the effectiveness of the signal and control system in increasing the capacity and safety of streets in the project area, as required under the program for financing the proposed improvements in the Federal Aid Highway Act of 1968 and applicable regulations pertaining to this Act. v 6 15. The City will provide for coordination of street traffic signals at the intersection of 19th Street and Brownfield Road and the intersection of Slide Road and Brownfield Road with existing flashing light railroad crossing signals at the railroad crossings adjacent to these intersections, immediately after completion of this project. 17. In the event the terms of this Agreement are in conflict with the provi- sions of any other existing Agreements and/or Contracts between the City and the State, this Agreement shall take precedence over the existing Agreements a%d/or Contracts. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: CITY OF LUBBOCK Secretary for City APPROVED AS TO FORM: 100 General Attorneys for t ity By Mayor kk3�Ay�*OM41 Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work pro- grams heretofore approved and author- ized by the State Highway Commission under Minute Order No. 67022. )'0' By Pt Assis a t Stite H g way Engineer Administration - Operations REC ED FOR APPROVAL: G District Wgfneer Chief Engi eer of Maintenanct Operations C ief Engineer of Highway Design z.. Director, Finance RESOLUTION"ADTHORIZING THE _MAYOR OF THE CITY OF LUBBOCK TO EXECUTE AN AGREEMENT' - '- BETWEEN THE CITY OF LUBBOCK-AND THE TEXAS HIGHWAY DEPARTMENT FOR TOPICS PROGRAM FOR A TRAFFIC ADJUSTED SIGNAL AND CONTROL SYSTEM IN SOUTHWEST LUBBOCK. I,Treva. Phillips, City certify that the above and Secretary-Treasurer, foregoing.is a true A RESOLUTION City of Lubbock, -Texas and correct copy of hereby Passed by the City Council February 28,-1974 and of record in Minute.Book 33, Pagb 90 THIS 7th DAY OF ,March Treva Phillips, City Se City of Lubb -: 19- etary-Treasurer ck, Texan ----,IFW_ 1� RESOLUTION �► i BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: +f 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 between the City of Lubbock and the Texas Highway Department for TOPICS Pro- gram for a traffic adjusted signal and control system in.Southwest Lubbock,, attached herewith which shall be spread upon the minut es of the Council and as I spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. J Passed by the City Council this 28th day of February 1874. ij MORRIS W. TURNER., MAYOR AT'T'EST. Treva Phillips, City Sec tart' -Treasurer 4 'APPROVED AS TO FORM: j Fred O. Senter, Jr., Cit orney h _ E� if - i a i;