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HomeMy WebLinkAboutItem 17 - Interlocal Agreement with City of Colleyville for Traffic Signal MaintenanceMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER�\I- SUBJECT: INTERLOCAL AGREEMENT WITH CITY OF COLLEYVILLE FOR TRAFFIC SIGNAL MAINTENANCE ON STATE HIGHWAY 26 AT JOHN McCAIN ROAD AND LONGWOOD DRIVE RECOMMENDATION: City Council consider approval of an Interlocal Agreement with the City of Colleyville for traffic signal maintenance along State Highway 26 at John McCain Road and Longwood Drive. FUNDING SOURCE: Funds in the amount of $7,000 annually will two signals and credited to the Permanent signal maintenance. be provided by the City of Colleyville for the Street Maintenance Fund account for traffic BACKGROUND: TxDOT recently completed the reconstruction of State Highway 26 from east of Pool Road to west of John McCain Road. Staff was approached by the City of Colleyville to assume maintenance of the two traffic signals on the recently completed State Highway 26 construction project. TxDOT is agreeable to the transfer of traffic signal maintenance to the City of Grapevine. As part of the State Highway 26 construction project, TxDOT has installed traffic signal hardware which is compatible with the City of Grapevine's existing traffic signal system. City staff is developing new coordinated signal timing for the State Highway 26 corridor from Baylor Parkway to John McCain Road. As part of the agreement with Colleyville, the following items are included: - The agreement will be in force for five years with automatic annual renewals thereafter. Colleyville will reimburse Grapevine $7,000.00 per year for traffic signal maintenance at the two locations. - TxDOT will continue to replace in kind any damaged traffic signal equipment costing more than $100.00. City personnel will perform the labor to replace the damaged December 10, 2015 (4:15PM) equipment and return the damaged equipment to the State. The State will then provide a replacement. - Any catastrophic event that requires the reconstruction of the existing signals would be the State's responsibility. - The State will still be responsible for all the power costs. The Colleyville City Council will consider this agreement at their December 15th meeting. Staff recommends approval. December 10, 2015 (4:15PM) STATE OF TEXAS COUNTY OF TARRANT •,kv 1121 WIWIIN I on I NLG I &Wei K401 This Agreement is entered into the day of — 2015, by and between the CITY OF GRAPEVINE, TEXAS a municipal corporation, hereafter referred to as "Grapevine" and the CITY OF COLLEYVILLE, TEXAS a municipal corporation, hereafter referred to as "Colleyville" and jointly, referred to as the "Parties." WHEREAS, Grapevine and Colleyville execute this Interlocal Agreement pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended, and in accordance with purchasing statutes regulating the Parties and subject to availability of current revenues; WHEREAS, the Parties agree that any party paying for the performance of governmental functions or services under this contract shall make those payments from current revenues available to the paying party, WHEREAS, it is beneficial for Colleyville and Grapevine to have Grapevine operate and maintain traffic signals at SH 26 and John McCain Road and at SH 26 and Longwood Drive; WHEREAS, the Interlocal Cooperation Act authorizes governmental entities to enter into interlocal cooperation agreements for administrative and governmental functions and services; WHEREAS, the Grapevine City Council approved this Agreement at a City Council meeting that had been posted and met the requirements of the Texas Open Meetings Act; WHEREAS, The Colleyville City Council approved this Agreement at a City Council meeting that had been posted and met the requirements of the Texas Open Meetings Act; NOW, THEREFORE, in consideration of the premises and agreements, covenants, and promises set forth herein, it is agreed as follows: I n:aIrsWNW • . : • This Agreement becomes effective when fully executed by Colleyville and Grapevine and shall remain in force for a period of five years from the date of final execution by Grapevine and shall be automatically renewed annually for a one year period, unless modified by mutual agreement of both parties, or terminated as hereinafter provided. .111141 11 11110F.0112141 e] a 511,. � • A. TxDOT shall be responsible for all electrical power costs for the operation of the traffic signals covered by this Agreement. B. Grapevine will provide trained staff to maintain and operate the traffic signals covered by this agreement. C. Colleyville will reimburse Grapevine at the annual flat rate of $3,500 per intersection. All repairs shall be prioritized based on public safety and made as soon as possible. D. Grapevine shall maintain and operate the traffic signals in accordance with the requirements specified in TxDOT's Type R Agreement for the Operation and Maintenance of Traffic Signals within a Municipality executed on May 1, 2002. ARTICLE 3. COMPENSATION A. The maximum amount payable under this Agreement is $ 7,000.00 per year. B. The addition or deletion of traffic signals shall be made by supplemental agreement. 2 ARTICLE 4. PAYMENT A. Colleyville agrees to reimburse Grapevine at the annual flat rate shown in Article 3 for maintenance and operations costs for the traffic signals. B. Grapevine 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 Colleyville with reasonable notice to Grapevine of such interest. C. Colleyville shall make payment to Grapevine within 30 days from receipt of Grapevine'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 TxDOT for review and determination of reimbursement eligibility per Exhibit 2 of TxDOT's Type R Agreement for the Operation and Maintenance of Traffic Signals within a Municipality executed on May 1, 2002. E. The addition or deletion of a traffic signal installation shall be made by supplemental agreement. ARTICLE 5. TERMINATION A. This Agreement may be terminated by any of the following conditions upon approval by (1) By mutual agreement and consent of both parties. (2) By Colleyville upon thirty (30) days written notice to Grapevine for failure of Grapevine to provide adequate maintenance and operation services for those W traffic signal installations which Grapevine has agreed to maintain and operate. (3) By Colleyville upon sixty (60) days written notice to Grapevine that Colleyville will assume operation and maintenance of the traffic signals subject to approval by TxDOT. (4) By Grapevine upon one hundred twenty (120) days written notice to Colleyville. 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 TxDOT. Any Grapevine owned equipment being held by TxDOT shall be returned within 60 calendar days to Grapevine upon termination of this Agreement. ".. IN us] i 12 Grapevine shall not sublet or transfer any portion of the work under this Agreement unless specifically approved in writing by Colleyville. All subcontracts shall include the provisions required in this contract and shall be approved in writing by Colleyville. Changes in the character, costs, and 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. M 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. 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. Any notice required to be given under this Agreement shall be deemed to have been received upon deposit in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: TO GRAPEVINE: City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 Attn: City Manager TO COLLEYVILLE: City of Colleyville 100 Main Street Colleyville, Texas 76034 Attn: City Manager A change of address may be made by either party upon the giving of ten (10) days prior written notice. 5 ARTICLE 11. MISCELLANEOUS This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and assigns. 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 subject matter hereof. No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties. This Agreement may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute on and the salve instrument. 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 hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. All remedies provided for in this contract are in addition to, not in substitution of, all remedies of the parties at law or in equity. All remedies are intended to be cumulative, and a party to this contract may pursue the remedies provided for in this agreement and all remedies at law or in equity at the same time. Mayor, City of Grapevine Date City Secretary City of Grapevine Mayor, City of Colleyville Date City Secretary City of Colleyville 0 APPROVED BY COUNCIL: Grapevine Date Approved as to Form Colleyville Date Grapevine City Attorney Colleyville City Attorney