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Home My WebLink AboutResolution - 062278I - Agreement With State Of TX - DHPT - Traffic Signal Maintenance - 06_22_1978KJ•th 78-37-186-492 (20) 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 City of Lubbock and the State of Texas, acting through the State Depart- ment of Highways and Public Transportation covering construction and main- tenance of traffic signals at 17th and 19th Streets and Avenue A in the City of 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 22nd day of June 1978. K W ES MAYOR ATTEST: _ Yreva Phillips, i e etary-Treasurer APPROVED AS TO FORM: Fred O. Senter, 'Jr., Attorney , COMMISSION REAGAN HOUSTON. CHAIRMAN DEWITT C. GREER CHARLES E. SIMONS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. 0. BOX 771 Lubbock, Texas 79408 August 21, 1978 Preliminary Engineering Project HHS OOOS(197) Lubbock County Intersections of 17th and 19th Streets With U.S. Highway 87 (Avenue:A) Mr. Larry J. Cunningham City Manager P. 0. BOX 2000 Lubbock, Texas 79457 Dear Mr. Cunningham: ENGINEER -DIRECTOR B.L. DEBERRY Enclosed is one (1) fully executed copy of the Municipal Construction and Mainte- nance Agreement for the modernization of traffic signals in the City of Lubbock at the above identified intersections. The City may now proceed with plan preparation, estimates and specifications as per terms of the Agreement. All costs 'must be accumulated under Project Designator Number PD 6517. Representatives of this office will be in contact with the City Traffic Office as to type of plans we must have to meet Federal requirements. WCP:jss Encl. Yours truly, eor C Wall, Jr. District Engineer District Five CID C7 RE v Lv 9T8 � 6�@c 3 r COMMISSION STATE DEPARTMENT OF HIGHWAYS AND PUBLIC T ANSPORTATION REAGAN HOUSTON, CHAIRMAN. Q�R !' DEWITT C. GEEER CHARLES E. SIMONS Uubbockf Texas 19408 Augit 210 1978 Preliminary EnginearinS Project = 000S(197) Uibbook County Intersections of 17th and 19th Streets With U.E. SishnY 87 (Avenue A) Mr. Literacy J, Cunningham City Eger P. 0. Box 2400 Lub'sock, Tex" 794ST Dear We Cunningham 3 ENGINEER -DIRECTOR B. L.DEBERRY IN REPLY REFER TO FILE NO. Enclosed is one (1) fully executed copy of the Mmicipal Construction and Msinte aance Agreement for the modernization of traffic signals in the City of Lubbock at the above identEfied interaaectious. The City may now proceed with plan preparation, lestimtes and specifications as per terms of the Agroament. All costs. mint be accuwlated under Project ftsiVwtor Runber PD 6517.. Representatives of this office will be in contact with the City Traffic Mice as to type of ply we mst have to poet Federal requirements. WCPs jas Smell. x +Y: Georg C. all, Jr. Di�tr +ct E sneer District rive HITS OOOS (197) Lubbock County Control 53-1 MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT STATE OF TEXAS COUNTY OF TRAVIS This Agreement, made this 22nd day of June , 1978, by and between the State of Texas, acting through the State Department of Highways and Public Transportation., hereinafter called the "State", party of the First Part, and the City of Lubbock, Lubbock County, Texas, acting by and through its duly a resolution authorized officers under 0ts passed the 22nd day of June , 1978, hereinafter called the "City", party of the Second Part: W I T N E S S E T H WHEREAS, the State and the City wish to cooperate in the installation and modernization of Traffic Signals under a Statewide Highway Safety Improvement Program as set forth in the 1976 Federal -Aid Highway -Act by means of a project for the "Installation of Traffic Signals", listed in EXHIBIT 11, attached hereto and made a part hereof, in the City; WHEREAS it has been determined that such work is eligible for Federal -Aid participation under Section 209 of the 1976 Federal -Aid Highway Act; WHEREAS, the State and the City are in accord as to the type of improvements needed. -1- AGREEMENT 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: PROTECT AUTHORIZATION It is understood and agreed between the parties hereto that the City by virtue of the provisions of its charter and the laws of the State of Texas has exclusive control of and jurisdiction over all streets and public ways within the incorporated limits of such City and that said City has requested and consented to the construction of the project and the State in participating in said project does so at the special instance and request of the City: The City, in consideration of the mutual covenants herein contained, does hereby request and agree that the State will participate and cooperate with said City in the modernization and installation of Traffic Signals at the locations and in the manner shown on the construction plans to be approved by both parties; It is mutually agreed that both parties shall approve the construction plans by signature approval thereon; CONSTRUCTION RESPONSIBILITIES The State will provide for the modernization and/or installation of the requested Traffic Signals in Lubbock which meet the requirements of the Texas Manual on Uniform Traffic Control Devices for Streets and Hi was (latest edition), The City will provide for the adjusting of all utilities as may be required; The construction plans and specifications will be prepared by the City subject to approval and reimbursement by the State: All construction activities connected with the project will be done by the State: The modernization and/or installation of the traffic w 2.� signals will be a part of the construction to be undertaken by the State. The State will pay to the City the cost of Preliminary Engineering on a "Force Account" basis, the specifics to be stated under Special Conditions. a SPECIAL CONDITIONS The State will reimburse the City for all costs incurred in the preparation of construction plans and specifications on a "Force Account" basis for the proposed construction of specific traffic signals at the 'intersections as listed herein. Estimated costs attached as "Exhibit All. The location and manner of construction shall be as shown and described in the completed plans and specifications approved by the City and State. Under said "Force Account," payment to the City will be made as follows: 1. The State will reimburse the City for properly supported costs incurred in the preparation of plans, estimates and specifications under the terms and conditions of this agreement. Costs incurred prior_ to the issuance of a written "Work Order" by the State will not be reimbursed. Reimbursement will be made by the State to the City for this work provided the City has paid from City 'funds their obligations covering items of costs billed. The State will make one payment when;all work is completed and the City.has submitted a final and complete billing of all costs. This billing must include properly prepared and executed Forms 132 and a final bill summarized by each classification of costs showing description, quantity, unit price and extensions and total. Labor additives must be shown as a percentage factor ..and applied to the total cost of labor or materials as applicable. Unsupported charges or charges after final acceptance by the State will not be considered eligible for reimbursement. Prior to final payment an audit of the records supporting the costs claimed will be made. These records must be made available to authorized -3- representatives of the State and other agencies involved in the funding of this project during the normal workday. All records relating to this project must be maintained by the City for three years after receipt of final payment from the State as required by Federal -Aid Highway Program Manual, Volume 1, Chapter 6, a Section 2. 2. The City will use labor and supervisory personnel employed directly by the City, and using City -owned equipment, and vehicles necessary for the work. OTHER RESPONSIBILITIES 1. The State shall make suitable, frequent, and complete inspections of all materials, equipment, and the work of installation to determine and permit certi- fication that the project and its components meet all applicable requirements of the plans and specifications for the purpose of constituting a complete traffic signal and control system, in suitable condition for operation and maintenance by the City after its completion. The State and the City will cooperate to provide for inspections as required by agencies of the United States Government in adminis- tering the provision of the Federal -Aid Highway Act of 1976 and regulations appli- cable to this Act. 2. All equipment and materials from existing signal and control installations at the locations shown in Exhibit I shall be removed by the State from their present locations. 3. The City will operate and maintain the traffic signals and control system upon completion of the installation and will be responsible for all costs incident thereto. 4. 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 -4- for any reason other than for installation on a State or Federal numbered highway route at a location approved by the State. 5. The City will pass and enforce any ordinances and regulations necessary to pro- vide for traffic operations in accordance with proper and effective utilization of the traffic signal and control system. 6. The City will maintain its existing traffic engineering department which is capable of operating and maintaining the improvements covered by this agreement in a manner satisfactory to the State. 7. Should an evaluation of the effectiveness of the project in increasing capacity and safety of streets in the project area be required under thefrogram for financing the proposed improvements in the Federal Highway Act of 1976 and applicable regulations pertaining to this Act, the City and the State shall cooperate in collecting and analyzing the necessary data. Each party shall be responsible for its share of the cost of this evaluation. 8. The City and/or its agents will comply with all Federal, State and local laws, statutes, ordinances, rules and regulations and the order and decrees of any court or administrative bodies -or tribunals in any matter affecting the performances of this Agreement, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations. When required, the City shall furnish the State with satisfactory proof of its compliance therewith. 9. It is mutually agreed that all parties hereto shall be bound by the provisions -5- of Title 49, Code of Federal Regulations, Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act of 1964. 10 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of!-. Z V IL on the C fi k day of , 19 and the State Department of Highways and Public Transportation on the 1,5{�! 7-. day of n _aa_y5T 19 /0 . ATTEST: CITY O Lubbo k i BY _City Sec etary 4 A A TO FORM: red O. ',Senter, Jr. , ty 7�ttorney Dirk West, Mayor - (Title of Signing Official THE STATE OF TEXAS I Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, establishing policies, or work programs heretofore approved and authorized by the State Highway and Public Trans- portation Commission: i BY Assistant Engineer -Director State Dept. of Highways and Public Transportation Under Authority of Commission Minute 70104 • I .. APPR RE 0 - t1A 9 DistrictfEngineery - I Director, fFinanaceDivision Ch of ngineer of Mainten nce Operations 1: -7- EXHIBIT I LOCATIONS a INTERSECTION OF U.S," HIGHWAY 87 AND 17TH STREET IN LUBBOCK.' INTERSECTION OF U.S. HIGHWAY 87 AND U.S. HIGHWAY 62 (19TH STREET) IN LUBBOCK. r • EXHIBIT "A" ESTIMATE COST AVENUE A PREPARE PLANS & SPECIFICATIONS 4 Labor (Drafting & Field Measurements) $400.00 Specifications (Printing) 50.00 Administration & Supervision 15% x 400 60.00 Benefits 35.6% x 460 164.00 TOTAL $674.00 • 78-37-186-492 (20) 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 City of Lubbock and the State of Texas, acting through the State Depart- ment of Highways and Public Transportation covering construction and main- tenance of traffic signals at 17th and 19th Streets and Avenue A in the City of 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 22nd day of June 1978.. r '0,,�y�. , ��,; RK WES , MAYOR �ATTES'T: " 1 Treira Phillips, Ciiy Se etary Treasurer APPROVED AS TO FORM: 1-714 Fred O. Senter, Jr., QWAttorney