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R-01-09-13-15F7 - 9/13/2001 RESOLUTION NO. R-01-09-13-15F7 WHEREAS, Chapter 791 of the Texas Government Code, V.T. C.A. , authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Agreement for the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals Within a Municipality ("Agreement") with the State of Texas, acting through the Texas Department of Transportation, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of Sep er, 200 ROB A. S L , JR. Mayor TT MAU City of Round Rock, Texas ff AJI. Zamk, 9J NE LAND, City Secretary ::ODMA\WORLDOX\O:\WDOX\RESOLUTZ\R10913F7.WPD/sc Contract No. AGREEMENT FOR THE INSTALLATION AND REIMBURSEMENT SCE OF THE OPERATION AND TRAFFIC SIGNALS WITHIN A MUNICIPALITY STATE OF TEXAS § COUNTY OF TRAVIS § THIS AGREEMENT is 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 Round Rock ,hereinafter call the"City," acting by and through its duly authorized officers, as evidenced by Resolution/Ordinance No. ' hereinafter acknowledged by executed on /reference. WITNESSETH WHEREY AS b virtue of a Municipal Maintenance Agreement entered into by the City and da of ,20_,the State has the State on the__ Y 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: 7-00 SUPPLEMENTAL—COST 1 of 8 TRAFFIC SIGNAL—TYPE R EXHIBIT "An (a) highway routes not designated as full control of access inside:the corporate limits of cities, having a population less than 50,000 (latest Federal Census); and (b) highways designated as full control of access in all cities; and WHEREAS, the City has a population of more/J= than 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: AGREEMENT 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 on one year from the date of final e{ecution 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. SUPPLEMENTAL'—COST 2 of 8 7-00 TRAFFIC SIGNAL —TYPE R 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 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 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 the plans containing the following notion: / "Attachment No. to "Agreement for the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals Within a 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 ofconstruction 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. SUPPLEMENTAL—COST 3 of 8 7-00 TRAFFIC SIGNAL—TYPE R 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." 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 repairsshall 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 yable under this Agreement is $ 12, 103.56 per year. A. The maximum amount pa 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 operations 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 SUPPLEMENTAL—COST 4 of 8 7-00 TRAFFIC SIGNAL—TYPE R on a(monthly/quarterly/annual)basis. An original Form 132 or acceptable invoice and four copies shall be submitted to the following address: 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 an accident or an act of God and which require emergency replacement of major equipment shall not be included in the (monthly/quarterly/ 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. IDEMNIFICATION The City acknowledges that it is not an agent, servant or employee of the State and,thus, is responsible for its own acts.and deeds and for those of its agents or employees during the performance of the work defined in this agreement. SUPPLEMENTAL—COST 5 of 8 7-00 TRAFFIC SIGNAL—TYPE R 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 of 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 ,-bwned 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. An amendment to this Agreement must be executed by both parties. SUPPLEMENTAL—COST 6 of 8 7-00 TRAFFIC SIGNAL—TYPE R 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, 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 the 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. SUPPLEMENTAL—COST 7 of 8 7-00 TRAFFIC SIGNAL—TYPE R IN WITNESS WHEREOF,the parties have executed duplicate counterparts to effectuate this Agreement. The City of: THE STATE OF TEXAS Executed by and approved for the Texas By: Transportation Commission for the purpose (Name) and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and (Title) authorized by the Texas Transportation Commission. (Date) APPROVED: ATTEST: By. ; District Engineer District City Secretary Date: SUPPLEMENTAL—COST 8 of 8 7-00 TRAFFIC SIGNAL—TYPE R EXHIBIT 1 Signalized intersections on State Highways located in the City of Round Rock LOCATION TYPE OF SIGNAL 1. BI 35 @ Anderson Ave Non-controlled Access 2. BI 35 @ Bowman Road Non-controlled Access 3. BI 35 @ US 79 Non-controlled Access 4. US 79 @ Sunrise Dr Non-controlled Access 5. US 79 @ Georgetown St Non-controlled Access 6. IH 35 @ McNeil Rd Controlled Access 7. IH 35 @ FM 1325 Controlled Access 8. IH 35 @ US 79 Controlled Access 9. IH 35 @ FM 3406 Controlled Access 10. IH 35 @ FM 620 Controlled Access 11. BI 35 @ FM 620 Non-controlled Access 12. BI 35 @ Logan St Non-controlled Access 13. BI 35 @ Gattis School Rd Non-controlled Access 14. IH 35 @ Hesters Crossing Rd Controlled Access 15. US 79 @ Stadium Entrance Non-controlled Access 16. US 79 @ Harrell Parkway Non-controlled Access 17. FM 1460 @ Old Settlers Blvd Non-controlled Access ; 18. US 79 @ Egger Ave Non-controlled Access 19. US 79 @ CR 122 Non-controlled Access ' 20. US 79 @ FM 1460 Non-controlled Access 21. FM 620 @ Deepwood Dr Non-controlled Access 22. FM 620 @ Lake Creek Dr Non-controlled Access 23. FM 620 @ Oaklands Dr Non-controlled Access 24. FM 620 @ Chisholm Trail Non-controlled Access 25. FM 1325 @ Parker Dr Non-controlled Access 26. FM 1325 @ La Frontera Blvd Non-controlled Access 27. FM 620 @ Round Rock High School Non-controlled Access 28. BI 35 @ South Set Non-controlled Access 29. BI 35 @ North Set Non-controlled Access 30. Sam Bass Railroad Advance Non-controlled Access 31. IH 35 @ FM 1431 Controlled Access EXHIBIT I -LOCATION -1- 7-00 TRAFFIC SIGNAL-TYPE R EXHIBIT 2 TRAFFIC SIGNAL MAINTENANCE AND OPERATION PROVISIONS The maintaining and operating city agrees to: I. Unless specifically noted elsewhere in this agreement, the signal timing and operational phasing shall be the responsibility of the city. 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. g. Clean reflectors, lenses, and lamps a minimum of once every twelve 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 Department of Transportation's representative. Plastic signal heads and galvanized and aluminum components are excluded. 10. Group relamp and 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. EXHIBIT 2—MAINTAIN AND OPERATE 7-00 TRAFFIC SIGNAL—TYPE R 1 of 2 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 and for all traffic movements (phases) during varying traffic conditions. 16. Check cabinet filter a minimum of once every six months and clean if necessary. Cabinet filter shall be replaced every two years. 17. Document all checks and corrective actions in a separate log book for each intersection. 18. In metropolitancities 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. 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 on nonrecurrent congestion must be considered in the design and operation of all traffic management systems, including traffic signal systems. Priority should be given to freeway or expressway frontage roads when nonrecurrent congestion occurs on freeway or expressway mainlanes. Power costs shall be billed directly to the State. EXHIBIT 2—MAINTAIN AND OPERATE 7-00 TRAFFIC SIGNAL—TYPE R 2 of 2 EXHIBIT 3 Actuated Signals at conventional intersections and at Tee intersections shall be reimbursed at N/A per intersection per year. Calculations: Fixed Time Signal shall be reimbursed at N/A per intersection per year. Calculations: Diamond Interchange Signals with one controller shall be reimbursed at , per intersection per year. Calculations: 7 Locations x $1,729.08 = $12, 103.56 Billed as $144.09 per location, per month. 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 NSA per intersection per year. Calculations: EXHIBIT 3—COST 7-00 TRAFFIC SIGNAL—TYPE R 1 of 1 S�}l .11d S-lVN J I S 01 -JAVH1 4 1 ,, II. i � �I�{ ��i� 1 I��'�� i!'�I✓�1''-0y PII�I ����.� l��j� 1.. I�I ����� ���� k:�]�k.. \ __ � � � j � � !�. r4 �� .{i �1 .�1§"t✓Hp C�-,j.�� �, Y' I I � II _ -SF s _ �c _ >C � ���pfp,,� W V^i � 7 �' i DATE: September 7, 2001 SUBJECT: City Council Meeting—September 13, 2001 ITEM: 15.F.7. Consider a resolution authorizing the Mayor to execute an Agreement for the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals within a Municipality with the Texas Department of Transportation. This agreement allows the City of Round Rock to maintain and operate the frontage road traffic signals for TxDOT on IH 35, and in the future SH 45. TxDOT will pay the City $1,729.08 per intersection per year to maintain these traffic signals, and continue to pay the cost of power for the traffic signals. Resource: Jim Nuse, Director of Public Works Tom Word, Chief Traffic Engineer History: This agreement allows the City of Round Rock to maintain and operate the frontage road traffic signals for TxDOT on IH 35 and n the future, SH 45. TxDOT will pay the City $1,729.08 per intersection per year to maintain these traffic signals, and continue to pay the cost of power for the traffic signals. Funding: Cost: $12,103.56 - Reimbursement Source of funds: TxDOT Outside Resources: Texas Department of Transportation Impact: This agreement will add 7 traffic signal locations to the City's maintenance responsibility. Because of TxDOT's maintenance funding to the City, the impact should be minimal to the City's budget. Benefit: City maintenance and operation of these traffic signals will allow greater flexibility and control in coordinating the timing with traffic signals on our City arterials. Public Comment: N/A Sponsor: N/A EXECUTED DOCUMENT FOLLOWS rORIGINAL 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 is 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 Round Rock , hereinafter call the "City," acting by and through its duly authorized officers, as evidenced by Resolution01-0--13-15F7, No. /e— executed on /� oo / , hereinafter acknowledged by -- "reference. WITNESSETH WHEREAS, by virtue of a Municipal Maintenance Agreement entered into by the City and the State on the day of , 20 , 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: SUPPLEMENTAL—COST 1 of 8 7-00 TRAFFIC SIGNAL—TYPE R (a) highway routes not designated as full control of access inside the corporate limits of cities, having a population less than 50,000 (latest Federal Census); and (b)highways designated as full control of access in all cities; and WHEREAS, the City has a population of more/ than 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 i.ntersectior s as shown in EXHIBIT 1, attached hereto and made a part of this Agreement; and WHEREAS, the City agrees to maintain and oper rte 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 preni.ses end of the mutual covenants and agreements of the parties hereto to be by there 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 shall remain in force for a period on one year from the date of final e{ecution by the State and shall be automatically renewed annually for a one year period, unless modified by mutual agreement of both parties, or germinated as hereinafter provided. SUPPLEMENTAL'—COST 2 of 8 7-00 TRAFFIC SIGNAL—TYPE R 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 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 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 the plans containing the following notion: d "Attachment No. to "Agreement for the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals Within a 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. SUPPLEMENTAL—COST 3 of 8 7-00 TRAFFIC SIGNAL—TYPE R 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." 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. The maximum amount payable under this Agreement is $ 12, 103.56 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 operations 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 SUPPLEMENTAL—COST 4 of 8 7-00 TRAFFIC SIGNAL—TYPE R on a(monthly/quarterly/annual)basis. An original Form 132 or acceptable invoice and four copies shall be submitted to the following address: P 0- Boy- tsgz(A Avsi-,� �x � ,,7(- sqZ(a Ash : CCounT� 4 c�loZ 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 an accident or an act of God and which require emergency replacement of major equipment shall not be included in the (monthly/quarterly/ 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. IDEMNIFICATION The City acknowledges that it is not an agent, servant or employee of the State and, thus, is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work defined in this agreement. SUPPLEMENTAL—COST 5 of 8 7-00 TRAFFIC SIGNAL—TYPE R 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 of 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. An amendment to this Agreement must be executed by both parties. SUPPLEMENTAL—COST 6 of 8 7-00 TRAFFIC SIGNAL—TYPE R 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, 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 the 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. SUPPLEMENTAL—COST 7 of 8 7-00 TRAFFIC SIGNAL—TYPE R IN WITNESS WHEREOF,the parties have executed duplicate counterparts to effectuate this Agreement. The City of. JepuAD CZ THE STATE OF TEXAS Executed by and approved for the Texas Transportation Commission for the purpose ame) and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and (Title) authorized by the Texas Transportation 9-13-01 Commission. mate) APPROVED: ATTEST: By: District Engineer District City Secretary Date: G 1 SUPPLEMENTAL—COST 8 of 8 7-00 TRAFFIC SIGNAL—TYPE R EXHIBIT 1 Signalized intersections on State Highways located in the City of Round Rock. LOCATION TYPE OF SIGNAL SIGNALS 1. IH 35 @ MCNEIL RD CONTROLLED ACCESS 2. IH 35 @ FM 1325 CONTROLLED ACCESS 3. IH 35 @ US 79 CONTROLLED ACCESS 4. IH 35 @ FM 3406 CONTROLLED ACCESS 5. IH 35 @ FM 620 CONTROLLED ACCESS 6. IH 35 @ HESTERS CROSSING RD CONTROLLED ACCESS 7. IH 35 @ FM 1431 CONTROLLED ACCESS EXHIBIT 1-LOCATION -1- 7-00 TRAFFIC SIGNAL-TYPE R EXHIBIT 2 TRAFFIC SIGNAL MAINTENANCE AND OPERATION PROVISIONS The maintaining and operating city agrees to: 1. Unless specifically noted elsewhere in this agreement, the signal timing and operational phasing shall be the responsibility of the city. 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 twelve 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 Department of Transportation's representative. Plastic signal heads and galvanized and aluminum components are excluded. 10. Group relamp and 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. EXHIBIT 2—MAINTAIN AND OPERATE 7-00 TRAFFIC SIGNAL—TYPE R 1 of 2 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 and for all traffic movements (phases) during varying traffic conditions. 16. Check cabinet filter a minimum of once every six months and clean if necessary. Cabinet filter shall be replaced every two years. 17. Document all checks and corrective actions in a separate log book 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. 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 on nonrecurrent congestion must be considered in the design and operation of all traffic management systems, including traffic signal systems. Priority should be given to freeway or expressway frontage roads when nonrecurrent congestion occurs on freeway or expressway mainlanes. Power costs shall be billed directly to the State. EXHIBIT 2—MAINTAIN AND OPERATE 7-00 TRAFFIC SIGNAL—TYPE R 2 of 2 EXHIBIT 3 Actuated Signals at conventional intersections and at Tee intersections shall be reimbursed at N/A per intersection per year. Calculations: Fixed Time Signal shall be reimbursed at N/A per intersection per year. Calculations: Diamond Interchange Signals with one controller shall be reimbursed at $i ,7 _0B per intersection per year. Calculations: 7 Locations x $1,729.08 = $12, 103.56 Billed as $144.09 per location, per month. 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: EXHIBIT 3 —COST 7-00 TRAFFIC SIGNAL—TYPE R 1 of 1 1_ IAr .?' � � / ,rte .. �% ,: ..- .. �� � � :' � �� �, I• � i �1 J. � ! /� - @--��'��' � T'c+ � � ��� / I�L �� � ,- �I /' .�, ���r ��i�j r 35�'4•'�`d r -1l �l G -- a ` qq � x4#3�j jj YAPILIA 4 �l n;'u `tfi h . 5� 1�� � � .3 it� Y''P,n. - ,:.� � � �,��r�.Afv ��� .•�� I i �`� �}.. �. ._-. q. � � h-__ � �;�._)1;..�. �'` VlR�'� ,� / _�.� �l/ypya�� "'��-- f\ i��I'— ����i��rNJ•'� �/� ��;.1 ��,� � � i, �V`�7i1� y11..� , li L,I11�i . AOL Pk �7 I ✓i d Ro N 41. c; TRAFFIC SIGNALS 4Y .PW lt0S