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Number 20THE - CITY -0F AGENDA REQUEST FORM COPP ELL CITY COUNCIL MEETING: June 26, 2001 ITEM # EL ITEM CAPTION: Consider approval of a Resolution authorizing the City of Coppell to enter into an Interlocal Cooperation Agreement for operation and maintenance of a traffic signal at I.H. 635 and Belt Line Road and approval of the Interlocal Cooperation Agreement; and authorizing the Mayor to sign. APPROVED BY CITY COUNCIL DATE � ' ��- SUBMITTE Y: Kenneth M. Griffin, P.E. ' . . # 200/ -~ o %Z% TITL Director of Engineering /Public orks STAFF CO TS: In 1994 the City of Coppell-'-enjered "-info an agreement with the Texas Department of Transportation (TxDOT) for the City to maintain the traffic signal at I.H. 635 and Belt Line Road. At the May 22, 2001 City Council meeting, Council approved the termination of that contract and to allow the City of Irving to take over the maintenance and operation of the aforementioned traffic light. Because the traffic light is within the City of Coppell, the cities of Coppell, Irving and TxDOT must enter into an Interlocal Cooperation Agreement for operation and maintenance of the traffic signal. Exhibit 1 of the Interlocal Cooperation -eement is a Resolution from the City of Coppell. The resolution authorizes the Mayor to enter into the 1„cerlocal Cooperation Agreement with the City of Irving and TxDOT. Staff recommends approval of the resolution authorizing the Mayor to sign the Interlocal Cooperation Agreement and the approval of the Interlocal Cooperation Agreement. Staff will be available to answer any questions at the Council meeting. BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS:011 DIR. INITIALS: k7 FIN. REVIEW* Agenda Request Form - Revised 5/00 +\ -BID $ CITY MANAGER REVIEW: Document Name: #eng2 c ; Aar a4tk T H E C 1 T Y O F COPPELL July 5, 2001 Melanie Young, P.E. Texas Department of Transportation P.O. Box 13067 Dallas, TX 75313 -3607 RE: I.H. 635 / Belt Line Road Signal Light Operation and Maintenance Contract # 185 XXM 5005 Dear Ms. Young: At the June 26, 2001 City Council meeting a resolution was passed authorizing the Mayor to enter into an Interlocal Agreement between TxDOT and the City of Irving for operation and maintenance of traffic signals at I.H. 635 and Belt Line Road. Attached are four originals for your execution. Please return one fully executed copy to me. If you should have any questions concerning this issue please contact me at 972/304 -3686. Sincerely, 1-e � rp Kenneth M. Griffin, P.E. Director of Engineering/Public Works 255 PARKWAY * P.O.BOX 478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673 Texas Department of Transportation P.O. BOX 133067 • DALLAS, TEXAS 75313 -3067 • (214) 320 -6100 June 13, 2001 Control: 2374-7 - Interlocal Cooperation Agreement for Operation and Maintenance of Traffic Signals Highway: IH 635 Traffic Signal at Belt Line Dallas County Mr. Ken Griffin, P.E. Director of Public Works and Engineering City of Coppell PO Box 478 Coppell, TX 75019 Dear Mr. Griffin: Since the above subject intersection is not in the City of Irving, we are preparing to enter into an Interlocal Agreement between the Cities of Irving and Coppell, and the Texas Department of Transportation to allow TxDOT to reimburse the City of Irving for the operation of the traffic signals at the above location. We are forwarding you a copy of this agreement for your information and will be forwarding you three (3) originals in the near future to be signed by your city officials. Please note a city resolution will need to be included as Exhibit "1" to this agreement. Feel free to contact Ms. Melanie Young, P.E., 214 - 320 -6229, if needed. Attachment Sincerely, . 4'� Terry M. ams, P.E. Director of Transportation Operations An Equal Opportunity Employer 4990 - Af Texas Department of Transportation P.O. BOX 133067 • DALLAS, TEXAS 75313 -3067 • (214) 320 -6100 August 2, 2001 Interlocal Cooperation Agreement for Operation and Maintenance of Traffic Signals City of Coppell Dallas County Mr. Kenneth M. Griffin, P.E. Director of Engineering/Public Works City of Coppell PO Box 478 Coppell, TX 75019 Dear Mr. Griffin: We are forwarding you a fully executed Interlocal Cooperation Agreement for Operation and Maintenance of Traffic Signals. Feel free to contact Ms. Melanie Young, P.E., at (214)320 -6229 regarding this agreement. Attachments Sincerely, Terry M. Sams, P.E. Director of Transportation Operations An Equal Opportunity Employer 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 "1 ". 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 17`h 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 Approved IQ- D/ I Re(zollutlo-7 141101-30 - DITERLOCAL 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 1H 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 PAGE 2 of 7 (b) Administrator agrees that it shall maintain and operate the traffic signals in accordance with the minimum requirements as shown on Exhibit "T' 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 PAGE 5 of 7 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 - Leeal 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. 04TERLDCAL 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 OF IRVING -JL- By: 01-4—' PA e► l:l`� PU i-ncl ry-) Printed Name (11 a 1 i i� C Title Date ATT�ST: ATE OF TEXAS Lo CITY CnAI Y S c91JAll Printed Name P Im M Vi via Date ATTEST: 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: -713% 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 ,,rXHIBIT "I RESOLUTION OF THE CITY OF COPPELL RESOLUTION NO. 2D0/- aZ(p. l 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 enter 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. 6' )5 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 `vim day of , 2001. CITY OF COPPELL ATTEST: FORM: ROBERT HA R, CITY ATTORNEY CRETARY Exhlble "1 4 t CITY OF IRVING COUNCIL RESOLUTION NO. 7- 12- 01-303 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION I. THAT the City Council hereby approves the attached Interlocal Cooperation Agreement For Operation And Maintenance Of Traffic Signals between the City of Irving and the Texas Department of Transportation, and the Mayor is authorized to execute said agreement. SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, this 12th day of July, A.D., 2001. AT',If�T: 7, L"IJW, J e Carroll, CMC i n' Secretary APPROVED AS TO FORM: may✓ � l� David Caylor City Attorney JOE PUTNAM MAYOR .r ~ tfi REVIEWED BY: 's'-00-41-a-4 Jim D Assistan Traffic & Transportation Director 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 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