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HomeMy WebLinkAboutR-2350-12-04' RESOLUTION NO. 2350-12-04(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT MADE BY AND THROUGH THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR THE INSTALLATION AND REIMBURSEMENT FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS WITHIN THE CITY OF ALLEN. WHEREAS, by virtue of a Municipal Maintenance Agreement entered into by the City ofAllen(the "City')and the State of Texas, acting by and through the Texas Department of Transportation, (the "State') on the 10'" day of October, 1994, 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 (latest Federal Census); and (b) highways designated as full control of access in all cities; and, ' WHEREAS, the City has a population of less 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 ofthe signalized US 75 frontage road diamond interchanges with the following three cross streets: 1) Bethany Drive, 2) McDermott Drive, and 3) Stacy Road/FM 2786; 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 of $3,942 per diamond interchange peryear on an effective date to be determined by the State. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City Manager is hereby authorized to execute the attached "Agreement for the installation and reimbursement for the operation and maintenance of traffic signals with the Municipality" with the State. SECTION 2. This resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so resolved. ' DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 14TH DAY OF DECEMBER 2004. APPROVED: Stephen Termll, MAYOR ATTEST: 1 Shelley B. Geo TRMC, CITY SECRETARY Resolution No. 2350-12-04(R), Page 2 Contract No. 165)(XM50 STATE OF TEXAS COUNTY OF TRAVIS AGREEMENT FOR THE INSTALLATION AND REIMBURSEMENT FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS WITHIN A MUNICIPALITY 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 Allen hereinafter call the "City" acting by and through its duly authorized officers, as evidenced by Resolution/Ordinance No. 2350-1a-oy(4 executed on, beeem Ger 14,200 hereinafter acknowledged by reference. WITNESSETH WHEREAS, by virtue of a Municipal Maintenance Agreement entered into by the City and the State on the -1 Oth day of October , 1994, 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 27u` 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 (latest Federal Census); and (b) highways designated as full control of access in all cities; and WHEREAS, the City has a population of (more/less) 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 execution by the State and shall TRF - TEA6 Page 1 of 4 Rev. 7103103 Supplemental - Cost- Traffic Signal - Type R 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 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 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 casts 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 $ 11,826 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 on a (monthly/quarterly/annual) basis. An original Form 132 or acceptable invoice and four copies shall be submitted to the following address: TRF - TEA6 Page 2 of 4 Rev. 7/03/03 Supplemental - Cost - Traffic Signal - Type R Texas Department of Transportation Attn: Director of Transportation Operations PO Box 113067 Dallas, TX 75313-3067 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. 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 g. 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. 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 TRF - TEA6 Page 3 of 4 Rev. 7/03103 Supplemental - Cost - Traffic Signal - Type R 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. 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 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 13. 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. IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the agreement. THE CITY OF ALLEN Executed on behalf of the City by: By /N — /� Date Ifee�er IS.10� Typed or Printed Na nd Title Pe--J;e rr 'i."fdz' s (iv24 / ruvnL�9ef 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 Commissioon.. By—la d _ Date 7-1710 William L. Hale, P.E. Dallas District Engineer TRF - TEA6 Page 4 of 4 Rev. 7/03/03 Supplemental - Cost- Traffic Signal - Type R EXHIBIT 1 Signalized intersections on State Highways located with the City of Allen LOCATION TYPE OF SIGNAL US 75 at Bethany Diamond Interchange US 75 at McDermott Diamond Interchange US 75 at Stacy (FM 2786) Diamond Interchange EXHIBIT 1 - LOCATION 1-1 8-96 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 ns 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. EXHIBIT 2 - MAINTAIN AND OPERATE 6-97 TRAFFIC SIGNAL - TYPE R 1-2 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 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 of 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 main lanes. 19. Power costs shall be billed directly to the State. EXHIBIT 2 - MAINTAIN AND OPERATE 6-97 TRAFFIC SIGNAL - TYPE R 2-2 EXHIBIT 3 Diamond Interchange Signals with one controller shall be reimbursed at $3942 per intersection per year. Calculations: Item Costs LoopNehicle Maintenance $ 692 Preventative Maintenance $ 1000 Engineering Cost $ 1000 Signal Technician Cost $ 1250 Total $ 3942 EXHIBIT 3 - COST 1-1 8-96 TRAFFIC SIGNAL - TYPE R