RE 2001-06-26.1 RESOLUTION OF THE CITY OF COPPELL
RESOLUTION NO. 2001-0626.1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL
AGREEMENT WITH TXDOT, KNOWN AS THE 'STATE' AND THEIR
ADMINISTRATOR, KNOWN AS THE CITY OF IRVING, FOR THE OPERATION,
ADMINISTRATION AND MAINTENANCE OF THE TRAFFIC SIGNAL LOCATED AT
INTERSTATE 635 AND BELT LINE ROAD WITHIN THE CITY OF COPPELL; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: ·
SECTION 1. That the City Council authorizes the Mayor to emer into an Interlocal
Agreement between TxDOT (Texas Department of Transportation) and their Administrator, known
as the City of Irving and the City of Coppell, for operation and maintenance of traffic signals
located at I.H. 635 and Belt Line Road within the City of Coppell, as set forth in Exhibit A, which
is attached hereto as if set forth in full.
SECTION 2. That this resolution shall take effect immediately from and after its
adoption and it is so resolved.
DULY PASSED and approved by the City Council of the City of Coppell, Texas on
this the 26th day of June 2001.
CITY OF COPPEL~
C ANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
ROBERT HAGER, CITY ATTORNEY
INTERLOCAL COOPERATION AGREEMENT FOR OPERATION
AND MAINTENANCE OF TRAFFIC SIGNALS
THE 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 "State" or "TxDOT" and the City of Coppell, a
municipal corporation, hereinafter called "City" and the City of Irving, a municipal corporation,
hereinafter called "Administrator", acting by through their respective duly authorized officers, as
evidenced by Resolution of City and Administrator attached hereto and made a part hereof for all
purposes as Exhibit 'T'.
WITNESSETH
WHEREAS, in accordance with Texas Administrative Code, Title 43, 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 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, State has been authorized to maintain certain highway routes within the City by
virtue of a Municipal Maintenance Agreement entered into on the 17th day of February, 1995;
and
WHEREAS, TxDOT, by and through this Agreement and City, are authorizing Administrator to
supervise and be responsible for the performance, administration and maintenance of the traffic
signals located at IH 635 Frontage Roads with Belt Line Road on the State Highway System that
lie within the City in order to repair malfunctioning traffic signals and to improve traffic signal
progression within the City; and
INTERLOCAL COOPERATION AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNAL
PAGE 1 of 7
WHEREAS, the parties hereto have the authority to enter into this Agreement pursuant to
Chapter 791, Government Code, and Chapter 221.002, Transportation Code; and
WHEREAS, TxDOT and City request Administrator to assume the responsibilities of operating
and maintaining the duties of supervising the performance of the signalized intersections,
employing personnel, if needed, and providing administrative services necessary to perform the
duties, responsibilities and obligations under this Agreement; and
WHEREAS, the payment for the performance of the services and functions is made from current
revenues available to State, and State has fairly compensated Administrator for the services and
functions performed by Administrator; and
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto and to be by them respectively kept and performed, as
hereinafter set forth, it is agreed as follows:
AGREEMENT
Article I - Contract Period
This Agreement becomes effective when fully executed by City, State and Administrator and
shall remain in full force for a period of one year from the date of final execution by State and
shall be automatically renewed annually for a one-year period unless modified by mutual
agreement of all parties or terminated as hereinafter provided.
Article II - Administrator's Responsibilities
State, City and Administrator agree that Administrator shall have the following responsibilities,
obligations and duties pursuant to this Agreement:
(a) Administrator shall provide a trained staff to maintain and operate the traffic signals at
intersection of IH 635 Frontage Roads with Belt Line Road on the state highway system within
the jurisdictional limits of City.
INTERLOCAL COOPERATION AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNAL
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(b) Administrator agrees that it shall maintain and operate the traffic signals in accordance
with the minimum requirements as shown on Exhibit "2" attached hereto and made a part hereof
for all purposes.
(c) Administrator shall maintain, in a log or diary, all emergency calls and routine
maintenance. At a minimum, the log(s) shall indicate the date and time of the call, the repair
performed, if any, and the name of the person or entity reporting said call. The log(s) shall be
maintained by Administrator for the duration of this Agreement.
(d) Administrator shall perform administrative activities and provide administrative service
necessary to perform this Interlocal Agreement.
(e) Administrator shall prioritize the repairs based upon the public's safety, taking into
account such criteria but not limited thereto, the order in which Administrator received the
complaint or notice and the amount of traffic at said intersections.
(f) The time of response to the traffic signal and the repairs, if any, shall be made as soon as
possible. Delays in response or repairs may be grounds for termination of this Agreement.
(g) Administrator shall submit State Form 132 Billing Statement or an invoice acceptable to
State for payment on a monthly/quarterly/annual basis for payment of services Administrator
performs under this Agreement. The amount of payment is provided in Article IV,
Compensation. An original State Form 132 or acceptable invoice and four copies shall be
submitted to the following address:
Texas Department of Transportation
Attention: Director of Transportation Operations
P. O. Box 133067
Dallas, Texas 75313-3067
(h) Administrator 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 by State at any time to substantiate the payment by State and/or determine the need for
an adjustment in the amount paid by State.
(i) Traffic signal repair that includes damage to all equipment related to the operation of the
traffic signal, caused by crashes, Act of God, negligence of any employees of the City of Irving,
its agents or representatives, that require emergency replacement of equipment shall not be
included in payments by State to Administrator. For eligibility of payment for emergency
replacement of equipment, actual costs shall be submitted to State for review and determination
INTERLOCAL COOPERATION AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNAL
PAGE 3 of 7
of reimbursement eligibility. Negligence of any employee, agent or representative of the City of
Irving shall be grounds for denying reimbursement.
Article III - State's Responsibilities
State, City and Administrator agree that State shall have the following responsibilities,
obligations and duties pursuant to this Agreement:
(a) State shall pay Administrator for maintenance, operation and labor costs for the services
and functions Administrator incurs as provided in Article IV, Compensation.
(b) TxDOT shall bear the costs for all electrical power for the operation of the traffic signals
covered by this Agreement. These costs shall be billed to TxDOT from the utility companies.
(c) State shall make payments to City within thirty (30) days from receipt of City's' request
for payment provided that the request is properly prepared.
(d) Payment for the addition or deletion of a traffic signal installation shall be made by
written amendment(s) and shall be based upon the calculations as shown in Exhibit "3".
Article IV - Compensation
State, City and Administrator agree to the following Compensation to be paid to Administrator
pursuant to this Agreement:
(a) The maximum amount payable to Administrator by TxDOT is $ 1,126.65 per
year. Such amount paid to Administrator will fairly compensate Administrator.
(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.
Article V - City's Responsibilities
State, City and Administrator agree that City shall have the following responsibilities, obligations
and duties pursuant to this Agreement:
City agrees that they will cooperate with TxDOT and Administrator in Administrator's
responsibilities of the services and functions performed pursuant to this Agreement.
INTERLOCAL COOPERATION AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNAL
PAGE 4 of 7
Article VI - Indemnification
The Administrator, the City and the State acknowledge that neither is the agent, servant, or
employee of the other and each is responsible for the acts and deeds, errors, and omissions of
their own employees during the performance of this Agreement. The Administrator, the City and
the State further acknowledge that nothing in this Agreement creates, grants, or assigns rights or
responsibilities to act as a joint venture, partnership, or agent one to the other. The State makes
no representation or warranty and, to the extent allowed by law, shall be held harmless for any
act, deed, error, or omission regarding maintenance, operation, accuracy, functionality, or effect
of any equipment or information.
Article VII - Termination
(a) This Agreement may be terminated by any of the following conditions:
(1) By mutual agreement and consent of all parties.
(2) By State upon thirty (30) days written notice to Administrator and City for failure
of Administrator to provide adequate maintenance and operation services for those traffic signal
installations which Administrator has agreed to maintain and operate.
(3) By State upon sixty (60) days written notice to Administrator and City that State
will assume operation and maintenance at the end of the one (1) year period of this contract.
(4) By Administrator or City upon one hundred-twenty days written notice to State.
(5) As provided hereinbefore in this Agreement.
(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 State for all City
under the 50,000 population. Any state-owned equipment being held by Administrator shall be
promptly returned within thirty (30) calendar days to State upon termination of this Agreement.
Article VIII - Subletting
Administrator shall not sublet or transfer any portion of the work under this Agreement unless
specifically approved in writing by State. All subcontractors shall include the provisions
required in this contract and shall be approved in writing by State.
INTERLOCAL COOPERATION AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNAL
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Article IX - Subcontracts
Any subcontract for services rendered by individuals or organizations not a part of
Administrator's organization shall not be executed without prior authorization and approval of
the subcontract by State and, when federal funds are involved, the U.S. Department of
Transportation. Subcontracts in excess of $25,000 shall contain all required provisions of this
contract.
No subcontract will relieve Administrator or City of their responsibilities under this contract.
Article X - Amendments
Changes in the character, costs, provisions, attached exhibits, responsibilities or obligations
authorized herein shall be enacted by written amendment. Any amendment to this Agreement
must be executed by all parties.
Article XI - Successor and Assigns
State, City and Administrator 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, Administrator or City
shall not assign, sublet or transfer any interests in this Agreement without the written consent of
State.
Article XII - 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 XIII - Prior Agreements Superseded
This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any
prior understanding or written or oral agreements between the parties respecting the within
subject matter.
INTERLOCAL COOPERATION AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNAL
PAGE 6 of 7
IN WITNESS WHEREOF, the parties have executed multiple counterparts to effectuate this
Agreement. This Agreement becomes effective when last signed.
ADMINISTRATOR CITY
CITY OF IRVING CITY OF COPPELL
By: By: Candy Sheehan
P~nted Name Pdnted Name
Title Title Mayor
Date Date
6-26-01
A~EST: A~EST:
STATE OF TEXAS
Executed by and approved for the Texas Transportation Commission for the purposes and effect
of activating and/or carrying out the orders, established policies or work programs by the Texas
Transportation Commission.
APPROVED:
By:
Jay R. Nelson, P.E. Date
Dallas District Engineer
Attachments
Exhibit 1 Resolutions of City and Administrator
Exhibit 2 Traffic Signal Maintenance and Operation Provisions
Exhibit 3 Cost Estimate for Annual Maintenance
INTERLOCAL COOPERATION AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNAL
PAGE 7 of 7
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 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
City of Irving, Texas
Diamond Interchange Signals with two or more controllers shall be reimbursed at $1,126.65 per
intersection per year.
Calculations:
Maintenance, Relamping, & Painting $446.13
Response Calls $405.38
Quality Control $173.43
Equipment Costs $101.71
Total $1,126.65
1-1
EXHIBIT 3 - COST
INTERLOCAL AGREEMENT 06-01