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HomeMy WebLinkAboutR-2391-4-05RESOLUTION NO. 2391-4-05(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE STATE OF TEXAS, AUTHORIZING PARTICIPATION IN THE LANDSCAPE COST SHARING PROGRAM FOR GOVERNMENTAL ENTITIES WITH THE STATE OF TEXAS AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, has been presented a proposed Interlocal Agreement by and between the City of Allen, Texas, and the State of Texas, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (herein called "Agreement'); and, WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the City Manager or designee should be authorized to execute the Agreement on behalf of the City of Allen, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: The terms and conditions of the Agreement, having been reviewed by the City Council of the City of Allen and found to be acceptable and in the best interests of the City of Allen and its citizens, be, and the ' same is hereby, in all things approved. SECTION 2: The City Manager or designee, under the direction of the City Council of the City of Allen, is hereby designated as the official representative to act for the City in all matters relating to the Landscape Cost Sharing program for Governmental Entities. SECTION 3: The City Manager or designee is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Allen, substantially according to the terms and conditions set forth in this Agreement. SECTION 4: This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 26ru DAY OF APRIL, 2005. APPROVED: zt;L2 Z--� tephen Terrell, MAYOR ATTEST: ' <in 9 0 _ n �Y� Shelley George, C, CITY SECRETARY County Collin Location US 75 STATE OF TEXAS S COUNTY OF TRAVIS ¢ ' LANDSCAPE COST SHARING PROGRAM FOR GOVERNMENTAL ENTITIES THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Allea, Texas acting by and through its duly authorized officials w evidenced by Resolution which is attached to and made part of this contract, hereinafter called the local Government. WITNESSETH WHEREAS, Transportation Code, Chapter 201 and Transportation Code, Chapter 221 authorizes the State to lay out, constmcl, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Transportation Code, Chapter 222 authorizes a local government to contribute funding to the development of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as landscape development, hereinafter called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State, and has established a Landscape Cost Sharing Program, 43 Texas Administrative Code section 2.65 et seq.; 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, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully exerted, and the State and the Local Government will consider it to be in full force and effect unless terminated, as hereinafter provided. Article 2. Project Funding and Work Responsibilities The State will authorize the performance for contracted agreements of only those Project items of work which the Local Government has requested and has agreed to maintain as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. Texas Government Code, Chapter 2106 requires the State to recover indirect costs associated with this agreement as calculated based on prevailing rates specified in the State's Indirect Cost Recovery Program. Article 3. Responsibilities of the Parties The Local Government acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. Article 4. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, ta this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article S. Maintenance Upon completion of the installation of the Project, the Local Government will assume responsibility for the maintenance of the completed Project. Resolution No. 2391-4-05(R) Attachment - Page I of 5 Article 6. Termination This agreement may be terminated in the following manner: ♦ by mutual written agreement and consent of both parties; ♦ by either party upon the failure of the other party to fulfill the obligations set forth herein; ♦ by the State if it determines that the performance of the Project is not in the best interest of the State. If the contract is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. A. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government will make Payment to the State within thirty (30) days from receipt of the State's written notification. B. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government. the State, or the Federal Government will be promptly paid by the owing party. C. In the event the Project is not completed, the State may seek reimbursement from the Local Government of the expended £ands. The Local Government will remit the required funds to the State within sixty (60) days from receipt of the State's notification. D. The State will not pay interest on any funds provided by the Local Government. E. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. Article 7. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or seat by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a seuarate written consent of the narties), addressed to such martv at the followine addresses: Local Government: State: Mail To: Deliver To: Mr. John Baumgartner, P.E. William L. Hale, P.E. William L. Hale, P.E. City Engineer District Engineer District Engineer City of Allen Texas Department of Transportation Texas Department of Transportation 305 Century Parkway P.O. Box 133067 4777 E. Hwy. 80 Allen TX 75013 Dallas TX 75313-3067 Mesquite TX 75150-6643 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 8. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 9. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other parry to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 10. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 11. State Auditor. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract ander the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds Article 12. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. Resolution No. 23914-05(R) Attachment - Page 2 of 5 1 IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. P. E. William L. Hale, P.E. District Engineer, Dallas District THE LOCAL GOVERNMENT CITY OF ALLEN, TEXAS By Peter H. Vargas City Manager City of Allen 305 Century Parkway Allen, Texas 75002 Resolution No. 2391-4-05fR) Attachment - Page 3 of 5 Attachment A Payment Provision and Work Responsibilities ' Payment Provision The Local Government shall be responsible for the work set forth below in the area described in the State's Landscape Development Project 47-6-126 which is incorporated into this Agreement by reference. It is agreed that the Local Government shall be responsible for making all landscape maintenance of the trees, irrigation, shrub and/or ground cover beds, and mulch at no cost to the State. The Local Government also may elect to mow those areas that have not yet been improved with landscape development projects. In those areas not yet improved, that the Local Government does not mow, the State will continue to mow those areas using their most current vegetation management policies. Work Responsibilities A. The Local Government agrees to: 1. Furnish all labor, equipment, materials, and incidentals to provide for maintenance activities that shall include but not be limited to the following: Plant Maintenance For the work of plant maintenance, all reasonable means shall be employed to preserve the plants and vegetative material existing within the project limits in a healthy and vigorous growing condition. This maintenance activity shall include but not be limited to the following: (1) Vegetative watering of plant material. (2) Plant bed and basin maintenance including shaping, weed control, mulch layer, and ring construction. (3) Plant replacement. (4) Insect, Disease, and Animal Control. (5) Fertilizing. (6) Mowing and Trimming. ' (7) Restaking, Reguymg, Rebmcing and/or Removal of Staking, Guying, and Bracing. (8) Pruning. (9) Litter pick-up irrigation System Qpigation and Maintenance Permanent irrigation system operation and maintenance shall include, but not be limited to, water, monitoring, adjustment, repair, and proper operation of the existing irrigation system as required to insure adequate moisture to the plant material existing on the site. All replacement parts shall be of the same type and manufacturer as originally installed. Substitute parts may be allowed with the approval of the State prior to replacement. 2. The Local Government (or any Contractor for the Local Government) shall obtain and maintain in full force and effect for the duration of the Contract, minimum insurance and endorsements as required by Texas Department of Transportation, TxDOT form 20.102 -CSO. 3. Provide inspection of all maintenance work performed as may be required to ensure that the work is accomplished in accordance with the approved plans and specifications. The Local Government inspector shall report, as directed, activities of the contractor and notify the State of all correspondence and instructions to the contractor performing the work. The State shall have fatal authority over all issues that may arise during work as called for in the approved plans and specifications. 4. Submit for approval a traffic control plan and provide, erect and maintain barricades, signs and traffic handling devices during the maintenance of the project as may be necessary to protect the safety of the traveling public. All placements of barricades, signs and traffic handling devices must conform to the Texas Manual on Uniform ' Traffic Control Devices. 5. Provide all labor, equipment, material and incidentals as may be required to repair or replace equipment, structures or surfaces damaged by Local Government or its agent(s) during the maintenance phase of the Project to the satisfaction of the State. Resolution No. 2391-4-05(R) Attachment - Page 4 of 5 A. State agrees to: ' 1. Allow Local Government and its agent(s) to utilize the right-of-way for all aspects of the Project described in this Agreement. 2. Furnish the Project Design Plan which is made a part of this Agreement. 3. Obligate State funds in the amount of $450,000.00, which will be utilized to authorize the performance of contracted agreements for the Project in accordance with the Project design plan. 4. Assist the Local Government in the preparation of the traffic control plan. 5. Coordinate with Local Government landscape maintenance operations consistent with District policy and the Roadside Vegetation Management Manual. 6. Perform review and inspections to ensure that installation and initial 90 -day maintenance is accomplished in accordance with the approved plans and specifications, and direct its contractor to correct deficiencies and/or discrepancies (in accordance with the plans and specifications) found during this period. 7. Invite the Local Government to the walk through inspections upon completion of the planting and at the end of the 90 -day maintenance period. The Local Government may direct any of its concerns to the State, which shall address these concerns as described above. 8. Notify the Local Government, in writing, upon completion of the contract, that the landscape maintenance responsibilities have become the Local Government's. Resolution No. 2391-4-05(R) Attachment - Page 5 of 5 STATE OF TEXAS 5 COUNTY OF TRAVIS § LANDSCAPE COST SHARING PROGRAM FOR GOVERNMENTAL ENTITIES County Collin Location US 75 THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Allen, Texas acting by and through its duly authorized officials as evidenced by Resolution which is attached to and made part of this contract, hereinafter called the Local Government WITNESSETH WHEREAS, Transportation Code, Chapter 201 and Transportation Code, Chapter 221 authorizes the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Transportation Code, Chapter 222 authorizes a local government in contribute funding to the development of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, the Loral Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as landscape development, hereinafter called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State, and has established a Landscape Cost Sharing Program, 43 Texas Administrative Code section 2.65 et seq.; 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, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect unless terminated, as hereinafter provided. Article 2. Project Funding and Work Responsibilities The State will authorize the performance for contracted agreements of only those Project items of work which the Local Government bas requested and has agreed to maintain as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Govermrat and will be carried out and completed by the Local Government, at no cost to the State. Texas Government: Code, Chapter 2106 requires the State to recover indirect costs associated with this agreement as calculated based on prevailing rates specified in the State's Indirect Cost Recovery Program Article 3. Responsibilities of the Parties The Local Government acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. Article 4. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed an accordance with the Standard Spechcatiom for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 5. Maintenance Upon completion of the installation of the Project, the Local Government will assume responsibility for the maintenance of the completed Project Landscape — LCSP4 LG Pagel of 5 Rev. 2/28/05 Article 6. Termination This agreement may be termumted in the following manner: • by mutual written agreement and consent of both panties; • by either party upon One failure of the other parry to fulfill the obligations set forth herein; • by the State if it determines that the performance of the Project is not in the best interest of the State. Ifthe contract is terminated in accordance with the above provisions, the local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Goverment up to the time of termination. A. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. B. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. C. In the event the Project is not completed, the State may seek reimbursement from the Local Government of the expended funds. The Local Government will remit the required funds to the Stare within sixty (60) days from receipt of the State's notification. D. The State will not pay interest on any funds provided by the Local Government. E. The State will not execute the contract for the construction of the Project until the required funding bas been made available by the Local Government in accordance with this Agreement. Article 7. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mai], (electronic notice being permitted to the extent permitted by law but only after nate written consent of the namies). addressed to such nam at the followine addresses: Local Government: State: Mail To: Deriver To Mr. John Baumgartner, P.E. William L. Hale, P.E. William L. Hale, P.E. City Engineer District Engineer District Engineer City of Allen Texas Department of Transportation Texas Department of Transportation 305 Century Parkway P.O. Box 133067 4777 E. Hwy. 80 Allen TX 75013 Dallas TX 75313-3067 Mesquite TX 75150-6643 All notices shall be deemed given on the date so delivered or so deposited in the nail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other parry. Article 8. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 9. Successors and Assigns The State and the Local Government each birds itself, its successors, executors, assigns, and administrators to the other party in this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 10. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 11. State Auditor. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under die contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds Article 12. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. Landscape — LCSP4 LG Page 2 of 5 Rev. 2128105 IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commassion for the purpose and effect of activating andror carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By P. E. William L. Hale, P.E. District Engineer, Dallas District Date THE LOCAL GOVERNMENT Name of the c���al[ Governor e�o f Z�A r 'n By �t 11"-� Date Typed or Printed N d Title Landscape — LCSP4 LG Page 3 of 5 Rev. 2/28/05 Attachment A Payment Provision and Work Responsibilities Payment Provision The Local Government shall be responsible for the work set forth below in the area described in the State's Landscape Development Project 47-6-126 which is incorporated into this Agreement by reference. It is agreed that the Local Government shall be responsible for making all landscape maintenance of the trees, irrigation, shrnb and/or ground cover beds, and mulch at no cost to the State. The Local Government also may elect to mow those areas that have not yet been improved with landscape development projects. In those areas not yet improved, that the Local Government does not mow, the State will continue to mow those areas using their most current vegetation management policies. Work Responsibilities A. The Local Government agrees to: 1. Furnish all labor, equipment, materials, and incidentals to provide for maintenance activities that shall include but not be limited to the following: Plant Maintenance For the work of plant maintenance, all reasonable means shall be employed to preserve the plants and vegetative material existing within the project hunts in a healthy and vigorous growing condition. This maintenance activity shall include but not be limited to the following: (1) Vegetative watering of plant material. (2) Plant bed and basin maintenance including shaping, weed control, mulch layer, and ring construction. (3) Plant replacement. (4) Insect, Disease, and Animal Control. (5) Fertilizing. (6) Mowing and Tramming. (7) Restaking, Reguying, Rebracing and/or Removal of Staking, Guying, and Bracing. (8) Pruning. (9) Litter pick-up Irrigation System Operation and Maintenance Permanent urigation system operation and maintenance shall include, but not be limited to, water, monitoring, adjustment, repair, and proper operation of the existing irrigation system as required to insure adequate moisture to the plant material existing on the site. All replacement parts shall be of the same type and manufacturer as originally installed. Substitute parts may be allowed with the approval of the State prior to replacement. 2. The Local Government (or any Contractor for the Local Government) shall obtain and maintain in full force and effect for the duration of the Contract, miniu,nn insurance and endorsements as required by Texas Department of Transportation, TxDOT form 20.102 -CSO. 3. Provide inspection of all maintenance work performed m may be required to ensure that the work is accomplished in accordance with the approved plans and specifications. The Local Government inspector shall report, as directed, activities of the contractor and notify the State of all correspondence and instructions to the contractor performing the work. The State shall have final authority over all issues that may arise during work as called for in the approved plans and specifications. 4. Submit for approval a traffic control plan and provide, erect and maintain barricades, signs and traffic handling devices during the maintenance of the project as may be necessary to protect the safety of the traveling public. All placements of barricades, signs and traffic handling devices must conform to the Texas Manual on Uniform Trane Control Devices. 5. Provide all labor, equipmem material and incidentals as may be required to repair or replace equipment, structures or surfaces damaged by Local Government or its agent(s) during the maintenance phase of the Project to the satisfaction of the State. Landscape — LCSP4 LG Page 4 of 5 Rev. 2/28/05 A. State agrees to: I. Allow Local Government and its agent(s) to utilize the right-af-way for all aspects of the Project described in this Agreement. 2. Furnish the Project Design Plan which is made a part of this Agreement 3. Obligate State funds in the amount of $450,000.00. which will be utilized to authorize the performance of contracted agreements for the Project in accordance with the Project design plan. 4. Assist the Local Government in the preparation of the traffic control plan. 5. Coordinate with Local Government landscape maintenance operations consistent with District policy and the Roadside Vests tion Management Manual. 6. Perform review and inspections to ensure that installation and initial 90 -day maintenance is accomplished in accordance with the approved plans and specifications, and direct is contractor in correct deficiencies and/or discrepancies (in accordance with the plans and specifications) found during this period. 7. Invite the Local Government to the walk through inspections upon completion of the planting and at the end of the 90 -day maintenance period. The Local Government may direct any of is concerns to the State, which shall address these concerns as described above. 8. Notify the Local Government, in writing, upon completion of the contract, that the landscape maintenance msponsrbilities have become the Local Government's. Landscape — LCSP4 LG Page 5 of 5 Rev. 2/28/05