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HomeMy WebLinkAboutResolution - 2002-R0551 - Supplemental Agreement For The Operation Of Traffic Signals - 12_19_2002Resolution No. 2002-RO551 December 19, 2002 Item No. 21 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Supplemental Agreement No. 3 to an Agreement for the Installation and Reimbursement for the Operation of Traffic Signals within a Municipality entered into by and between the City of Lubbock and Texas Department of Transportation on July 28, 1994, and any associated documents, a copy of which Supplemental Agreement No. 3 is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 19th day of December , 2002. ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Traf Engineer APPROVED AS TO FORM: a r -/ e A v aAW 1)66ald G. Vandiver, First Assistant City Attorney DDres/TXDOT-TypeR.res December 9, 2002 Resolution No. 2002—RO551 Contract No. Agreement — Type R SUPPLEMENTAL AGREEMENT NO. 3 TO AGREEMENT FOR THE INSTALLATION AND REIMBURSEMENT FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS WITHIN A MUNICIPALITY WHEREAS, on the 11 th day of August, 1994, an Agreement for the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals within a Municipality was entered into by and between the Texas Department of Transportation, hereinafter called the "State", and the City of Lubbock, hereinafter called the "City", and subsequently identified the agreement as contract No. Agreement — Type R by Resolution No. 4559; and WHEREAS, the parties to this agreement have mutually determined that it is necessary to amend the original agreement due to the following reason/reasons: Clarify the description of payment for knockdowns or damage. NOW, THEREFORE, Contract No. Agreement — Type R is amended as follows: Article 5. Payment, Subsection D. is hereby replaced completely with the following: D. The State shall furnish replacement components for knockdowns or damage resulting from an accident or an act of God, which requires emergency replacement of major equipment, if the major equipment needed for repair is a locally stocked item and is immediately available. Otherwise, the City shall procure the major item necessary for emergency replacement. For eligibility of payment for emergency replacement of major equipment procured by the City, actual cost(s) shall be submitted to the State for review and determination of reimbursement eligibility. For purposes of this agreement major equipment is defined as: controller cabinets, controller timers, and conflict monitors. Other major items eligible for review and determination of reimbursement shall include: mast arms, support poles, drilled shaft foundations and controller foundations. The maximum amount payable under this agreement is not increased. AMOUNT OF THIS SUPPLEMENTAL AGREEMENT $ 0.00 ORIGINAL MAXIMUM AMOUNT PAYBLE PER YEAR $ 44,702.00 TOTAL PREVIOUS SUPPLEMENTAL AGREEMENTS $ 12,118.00 MAXIMUM AMOUNT PAYABLE PER YEAR $ 56,820.00 SUPPLEMENTAL - LOCATION TRAFFIC SIGNAL - TYPE R 1 of 2 All other terms or conditions are unchanged and remain in full force and effect. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. The City of Lubbock By: wa d Marc McDougal Mayor (Title) December 19, 2002 (Date) ATTEST: Re ecca Garza, City Secretary APPROVED AS TO CONTENT: ryl D. art, Jr., P.E., Traffic Engineer APPROVED AS TO FORM: a G. Vandiver Assistant City Attorney SUPPLEMENTAL - LOCATION TRAFFIC SIGNAL - TYPE R 2 of 2 THE STATE OF TEXAS: Executed for the Executive Director and approved for the Texas Transportation Commission under the Authority of Minute Order 100002 and Stand Alone Manual Notice 96-6, for the purpose and effect of activating and/or carrying out the orders, established policies or work programs by the Texas Transportation Commission. APPR ED: //�� By: l� i trict Engi t er Lv bock District Date: I f