Res 2016-161/approving an agreement with the Texas Department of Transportation (TxDOT) providing for the City to maintain and operate traffic signals on state roadways with a reimbursement amount to the City of $149,232.96

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Contract No. 14-6SMM5001 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 with City letterhead and/or logo, an invoice statement acceptable to the State on a monthly basis. An acceptable invoice shall be submitted to the following address: TxDOT Austin District, ATTN: Business Administration Services, 7901 N. IH-35 Austin TX, 78753. 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. INDEMNIFICATION 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. 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. Traffic-Traffic_TEA6 Page 3 of 4 Rev. 05/02/2008 Supplemental - Cost-Traffic Signal - Type R