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HomeMy WebLinkAboutRES 93-201 i 93-.zr�/ RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Signal Maintenance Agreement with the Texas Department of Transportation, in substantially the form attached as Exhibit "X, for the reimbursement of costs associated with the operation and maintenance of traffic signals along the freeway system within City boundaries. PASSED BY THE CITY COUNCIL of the City of Beaumont this the /;�5( day of I p , 1993. C. C' - Mayor - Pro Tem Contract No. AGREEMENT FOR THE INSTALLATION AND REIMBURSEMENT 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 Beaumont , hereinafter called the "City, " acting by and through its duly authorized officers, as evidenced by Resolution/02fttta fi !? No. , executed on 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 day of r 19 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 01-92 AGREEMENT (TRAFFIC SIGNAL - TYPE R) EXHIBIT "A" (latest Federal Census) ; and (b) highways designated as full control of access in all cities; and WHEREAS, the City has a population of (over/l ) the 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 01-92 AGREEMENT (TRAFFIC SIGNAL - TYPE R) option, any special a4-iliary equipment, interconiiect 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. to ,special Agreement for construction, maintenance and operation of traffic signals within municipality, dated 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 01-92 AGREEMENT (TRAFFIC SIGNAL - TYPE R) City at the flat raL shown in EXHIBIT 3 for pa- i.s 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 $ 7,900.00 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 annual basis) . An original Form 132 or acceptable invoice and four copies shall be submitted to the following address: 4 of 8 01-92 AGREEMENT (TRAFFIC SIGNAL - TYPE R) 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 (9tk*1WbtW4 /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 01-92 AGREEMENT (TRAFFIC SIGNAL - TYPE R) (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 01-92 AGREEMENT (TRAFFIC SIGNAL - TYPE R) 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 01-92 AGREEMENT (TRAFFIC SIGNAL - TYPE R) IN WITNESS WHEREOF, the parties have executed duplicate counterparts to effectuate this Agreement. The City of: Beaumont THE STATE OF TEXAS Certified as being executed for the purpose and affect of activating By: and/or carrying out the orders, (Name) established policies, or work programs heretofore approved City Manager and authorized by the Texas (Title) Transportation Commission under the authority of Minute Order 100002 . (Date) By: ATTEST: Traffic Operations Engineer City Secretary Date: 8 of 8 01-92 AGREEMENT (TRAFFIC SIGNAL - TYPE R) EXHIBIT 1 Signalized intersections on State Highways located within the City of Location Type of Signal Cardinal/MLR Diamond interchange with one controller Cardinal/Fannett Diamond interchange with one controller I-10/Washington Diamond interchange with one controller I-10/College Diamond interchange with one controller I-10/Calder Diamond interchange with one controller I-10/North Diamond interchange with one controller I-10/Harrison Diamond interchange with one controller I-10/Eleventh Diamond interchange with one controller I-10/Gulf Diamond interchange with one controller Eastex/Delaware Diamond interchange with one controller Eastex/Lucas Diamond interchange with one controller Eastex/Dowlen Diamond interchange with one controller I-10/Laurel Conventional actuated signal I-10/Gladys Conventional actuated signal 1-1 EXHIBIT 1 - LOCATION AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 EXHIBIT 2 TRAFFIC SIGNAL MAINTENANCE AND OPERATION PROVISIONS The maintaining and operating agency agrees to: 1. Replace burned out lamps as they are reported. All replacement bulbs shall equal the wattage and type of the existing lamp. 2 . Keep signal posts and controller foundations in alignment. 3 . Keep signal posts and controller cabinets tight on foundation. 4 . Keep signal heads aligned and properly adjusted. 5. Perform on an annual basis the following preventive maintenance activities: - Group relamping (includes cleaning lenses and reflectors) - Computerized conflict monitor check Complete check of controller cabinet and all components - Complete check of all signal hardware and loops - Verification of programming - Replacement of cabinet filter 6. Keep interior of controller cabinets in a clean and neat condition at all times. 7. Repair or replace any and all equipment that malfunctions or is damaged. 8 . Provide alternate traffic control during maintenance or repair and required barricading in accordance with the latest version of the Texas Manual on Uniform Traffic Control Devices. 9. Provide trained signal maintenance personnel available to respond to emergency calls from authorized parties 24 hours a day all days of the year. All emergency calls shall be directed through the Beaumont Fire Department dispatch office. 10. Modify signal timings as necessary to provide for the efficient movement of traffic. 11. Power costs shall be borne directly by the State. 12. Document all checks and corrective actions. 1 - 1 EXHIBIT 2 - MAINTAIN AND OPERATE AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 EXHIBIT 3 Actuated Signals at conventional intersections and at Tee intersections shall be reimbursed at $350.00 per intersection per year. Calculations: Signal Repairs $ 50/year Preventive Maintenance $150/year Engineering $150/year Fixed Time Signals shall be reimbursed at N/A per intersection per year. Calculations: Diamond Interchange Signals with one controller shall be reimbursed at $600•00 per intersection per year. Calculations: Signal Repairs $210/year Preventive Maintenance $240/year Engineering $150/year Diamond Interchange Signals with two or more controllers shall be reimbursed at N/A per intersection per year. Calculations: Sign Mounted Flashers shall be reimbursed at N/A per unit per year. Calculations: Overhead Flashing Beacons shall be reimbursed at N/A per intersection per year. Calculations: 1 - 1 EXHIBIT 3 - COST AGREEMENT (TRAFFIC SIGNAL - TYPE R) 01-92 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Beaumont SECTION 1. That the certain agreement dated between State of Texas and the City of Beaumont for the installation, construction, existence, use, operation, and maintenance of certain highway traffic signals/illumination at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of Beaumont , be and the same is hereby approved, and is hereby authorized to execute said contract on behalf of said city and to transmit the same to the State of Texas for appropriate action. SECTION 2 . That this Resolution shall take effect immediately upon its passage. ADOPTED: APPROVED: Mayor ATTEST: Secretary City Clerk APPROVED AS TO FORM: City Attorney 1 of 1 11-91 RESOLUTION (TRAFFIC SIGNAL/ILLUMINATION) STATE OF TEXAS COUNTY OF Jefferson I, the duly appointed, qualified and acting city secretary of the City of Beaumont , Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance/resolution duly passed by the City Council at a meeting held on A. D. , 19 , at o'clock M. To certify which, witness my hand and seal of the City of Texas, this day of 19 , at Texas. City Secretary of the City of Texas 11-91