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HomeMy WebLinkAboutResolution - 2004-R0553 - Agreement For Installation And Reimbursement For Traffic Signals On TTU Campus - 11_04_2004Resolution No. 2004-RO553 November 4, 2004 Item No. 30 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 an Agreement for Installation and Reimbursement for the Operation and Maintenance of Traffic Signals on the Texas Tech University Camp, and any associated documents, by and between the City of Lubbock and Texas Tech University, a copy of which Agreement is attached hereto which shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 4th day of November , 2004. ATTEST: RebeLa Garza, City Secretary APPROVED AS TO CONTENT: Jer6b. Had, Jr., P.E., City Traffing neer APPROVED AS TO FORM: Donald G: Vandiver, Attorney of DDres/TrafSigMaintTTres October 21, 2004 Contract #, 05-0417 Resolution No. 2004—RO553 November 4, 2004 Item No. 30 AGREEMENT FOR THE INSTALLATION AND REIMBURSEMENT FOR THE OPERATION AND MAINTENANCE OF`TRAP FIC SIGNALS ON TEXAS TECH UNIVERSITY CAMPUS IN LUBBOCK, TEXAS STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement made by and through the State of Texas acting by and through the Texas Tech University System, hereinafter called the "State" and the City of Lubbock, Texas, hereinafter called the "City". WITNESSETH WHEREAS, from time to time the City requests the State to install traffic signals on certain highways within the City; 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: AGREEMENT Article 1. Contract Period This Agreement becomes effective when fully executed by the City and the State and after the signals listed in Exhibit I become operational 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 Page 1 Traffic Signals Agreement State's 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 approval of the traffic signal installation plans and specifications prior to construction; said City approval 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 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. City shall be compensated by State in accordance with the amount listed in EXHIBIT 3. The totals listed in EXHIBIT 3 shall be adjusted annually by using the CPI-U South Urban Size B/C (50,000 - 1,500,000) index. Page 2 Traffic Signals Agreement B. CalcuIations 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 a "Billing Statement," or an invoice statement acceptable to the State on a quarterly basis. An acceptable invoice and four copies shall be submitted to the following address: Attention: VICE PRESTnRNT FOR O RRATTONR TEXAS TECH UNIVERSITY BOX 42004 LUBBOCK TX 79409-2004 (806) 742-1310 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 quarterly 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. Page 3 Traffic Signals 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. 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. 5) By the failure to renew at the culmination on the contract period. 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 Agreement and shall be approved in writing by the State. Article 9. Successors and Assigns The State and the City bind themselves, successors, assigns and legal representatives to the other party of this Agreement and the successors, 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 unenforceablility shall not affect any other provision thereof and this Page 4 Traffic Signals Agreement 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 Any person doing business with or who reasonably speaking does business with the State under this Agreement may not make any offer of benefits, gifts or favors to University 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. IN WITNESS WIiEREOF, the parties have executed duplicate counterparts to effectuate this Agreement. CITY OF LUBBOCK TEXAS TECH UNIVERSITY SYSTEM AR M DOUGAL, MAYOR ATTEST: Rebe&a Garza City Secretary B Y: w —X' TITLE: President, Jon Whitmore Page 5 Traffic Signals Agreement APPROVED AS TO CONTENT: D. H Jr. ity Traffic Engineer APPROVED AS T FORM: Attorney Bdh/dh:TTU-Traffic Signal Agreement Dr. Tom.Anderes Senior Vice President for Administration and Finance Page 6 Traffic Signals Agreement Resolution No. 2004—R0553 EXHIBIT 1 Signalized intersections on campus roadways located within the City of Lubbock. Type of Signal Location 1. 1 Texas Tech Parkway and Indiana Avenue 2. 1 Texas Tech Parkway and Knoxville Avenue 3. 1 Texas Tech Parkway and Quaker Avenue 4. 1 Indiana Avenue & 18'h Street TOTALS: Type I - 4 Page 7 Traffic Signals Agreement Resolution No. 2004—RO553 EXHIBIT 2 TRAFFIC SIGNAL MAINTENANCE AND OPERATION PROVISIONS The City agrees to: 1. Be responsible for, the signal timing and operational phasing as coordinated with Texas Tech University and the Texas Department of Transportation. 2. Inspect the highway traffic signal system a minimum of once every 12 months and replace burned out lamps or damaged sockets as may be required. Police, citizen, or other reports of burned out lamps or other damage, which could jeopardize safety, shall be repaired or replaced as soon as possible after the report, depending on the nature of the report. Otherwise, appropriate steps shall be taken to protect the public. 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. 3. Keep signal poles, controller pedestals, and foundations in alignment. 4. Keep signal poles and controller cabinets tight on their foundation(s) or pedestal(s). 5. Keep traffic and pedestrian signal heads aligned and properly adjusted. Repair back plates where needed. 6. Check the controllers, conflict monitors, detector units, relays, pedestrian push buttons and detectors a minimum of once every 12 months to ascertain that they are functioning properly and make all necessary repairs and replacements. 7. Keep interior of controller cabinets in a neat and clean condition at all times. 8. Clean reflectors, lenses, and lamps a minimum of once every 12 months. 9. Repaint all corrosive susceptible highway traffic signal components exposed to weather with a non -lead based paint as needed in order to maintain a well kept appearance in the opinion of the Texas Tech University's representative. Plastic signal heads and galvanized and aluminum components are excluded. 10. Group relamp incandescent lamps of all highway traffic signal heads at the expiration of the average rated lamp life or replace the lamps on a burn out basis. 11. Repair or replace any and all equipment that malfunctions or is damaged. Page 8 Traffic Signals Agreement 12. 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. 13. 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. 14. Provide the State and local law enforcement agencies the location and respective names and telephone numbers of individuals responsible for emergency maintenance. 15. Document routine observations during the year by trained City personnel of the 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 the varying traffic conditions. 16. Check cabinet filter a minimum of once every 6 months and clean if necessary. Cabinet filter shall be replaced every two years. 17. Document all checks and corrective actions in a separate logbook for each intersection. 18. In metropolitan cities where Intelligent Transportation Systems and/or incident management systems are being implemented the signal timing will be the responsibility of the city in cooperation with the Texas Department of Transportation and Texas Tech University System. Traffic accidents, inclement weather, special events, maintenance and construction activities are a few of the causes of nonrecurrent congestion. Nonrecurrent congestion often changes the normal traffic demand patterns. Effective and efficient movement of traffic through the transportation network during periods of nonrecurrent congestion must be considered in the design and operation of all traffic management systems, including traffic control systems. Priority should be given to freeway or expressway frontage roads when nonrecurrent congestion occurs on freeway or expressway main lanes. Page 9 Traffic Signals Agreement Resolution No. 2004—RO553 EXHIBIT 3 Type I - Actuated Signals at conventional intersections and at Tee intersections shall be reimbursed at $2,120.00 per intersection per year. Calculations Engineering $612 Labor $730 Equipment $266 Materials 512 $2120 Type II - Fixed Time Signals shall be reimbursed at $2,120.00 per intersection per year. Calculations Engineering $612 Labor $730 Equipment $266 Materials 512 $2120 Type III - Diamond Interchange Signals with one controller shall be reimbursed at $2,500.00 per intersection per year. Calculations Engineering $740 Labor $855 Equipment $300 Materials 605 $2,500 Type IV - Diamond Interchange Signals with two or more controllers shall be reimbursed at $3,360.00 per intersection per year. Calculations Engineering $950 Labor $11400 Equipment $410 Materials 860 $3,360 Page 10 Traffic Signals Agreement Type V - Sign Mounted Flashers shall be reimbursed at 560.00 r unit per year. Calculations Engineering $160 Labor $190 Equipment $70 Materials 140 $560 Type VI - Overhead Flashing Beacons shall be reimbursed at 560.00 r intersection per year - Calculations Engineering $160 Labor $190 Equipment $70 Materials 140 $560 Annual Price Adjustment: Use the CPI-U South urban Size B/C (50,000-1,500,000) Index published by the United States Department of Labor on a monthly basis. (For September 2001 the Index No. was 110.2). The index for the annual adjustment will be two months prior to the renewal date because the Labor Department's statistics are not available until 2 months after the current date (i.e. if the contract start is August 2004, then starting September 2005 the new rate would be in effect. The new rate would be the Initial Contract Lump Sum x (June 2005 CPI-U S. B/C rate divided by the June 2004 CPI-U S. B/C rate). Page 11 Traffic Signals Agreement