09-095 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 09-095
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A VOLUNTARY
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN
THE CITY OF FRISCO, TEXAS DEPARTMENT OF
TRANSPORTATION, THE TOWN OF PROSPER, AND THE TOWN OF
LITTLE ELM FOR THE OPERATION AND MAINTENANCE OF
TRAFFIC SIGNALS AT US 380 AT LA CIMA AND FM 423 AT FM 720
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, a Voluntary Interlocal
Cooperation Agreement by and between the City of Frisco, Texas Department of Transportation,
the Town of Prosper, and the Town of Little Elm for the operation and maintenance of traffic
signals at US 380 at La Cima and FM 423 at FM 720,as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 11'x'day of August, 2009.
Charles Niswan rfMayor
ATTEST
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Matthew D. Denton TRMC
Town Secretary a
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Contract Number; 18-9XXIL004
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
VOLUNTARY INTERLOCAL COOPERATION AGREEMENT
FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS
THIS AGREEMENT (the "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
Town of Prosper and the Tow n of Little Elm , hereinafter called the "Local
Government" and the Citv of Frisco , hereinafter called the "Administrator", acting
by and through their respective duly authorized officials.
WITNESSETH
WHEREAS, the State, the County and the City desire to cooperate to maintain and efficiently
operate certain traffic signals located along the State Highway System within their respective
jurisdictions, hereinafter the "Project"; and,
WHEREAS, under 43TAC.25.5, the State is responsible for maintaining and operating traffic
signals on US 380 and FM 423 within the City limits of the Local Government; and,
WHEREAS, the State is responsible for maintaining and operating adjacent traffic signals on
the Project outside the City's limits, but within the County's law enforcement jurisdiction; and,
WHEREAS, the State, the Local Government, and the Administrator wish to cooperate and
coordinate their efforts to operate an efficient traffic signal system with optimum progression
of traffic light synchronization across each jurisdiction, consistent with the authority and
purposes of Texas Government Code Chapter 791 relating to interlocal cooperation
agreements and Texas Transportation Code.221.002 relating to agreements with
municipalities; and,
WHEREAS, the State, the Local Government, and the Administrator agree that, in order to
improve response time, to'repair malfunctioning traffic signals and to improve traffic signal
progression at the Project sites, the Administrator shall be authorized to supervise and be
responsible for the operating performance, administration and maintenance of the State's
traffic signals on the subject highway within the Local Government's jurisdiction but outside
the Local Government's limits and within the Administrator's law enforcement jurisdiction as
listed on Exhibit 1, which is attached hereto; and
WHEREAS, the Administrator agrees to maintain and operate the designated signalized
intersections with the State reimbursing the Administrator for all maintenance and operations
costs as more fully described in Exhibits 2 and 3, attached hereto and made a part of this
agreement; and,
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WHEREAS; the Administrator and the Local Government have adopted a resolution or
ordinance by their respective governing bodies that authorize the Administrator and the Local
Government to enter into this Agreement, which are all attached hereto and made a part
hereof as Exhibit 4.
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 1 - Contract Period
This Agreement becomes effective when fully executed by the last party whose signing
makes this Agreement fully executed and shall renew annually, subject to the availability of
funding. This Agreement shall remain in full force and effect unless modified by mutual
agreement by all parties or terminated in accordance with Article 7, Termination,
Article 2 -Administrator's Responsibilities
State, Local Government 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
locations as shown on Exhibit t on the state highway system within the jurisdictional
limits of the Local Government.
(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 services
necessary to perform this 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. Unreasonable delays in response or repairs may be grounds for
termination of this Agreement.
Article 3 - State's Responsibilities: General
The State, Local Government 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 pursuant to this Agreement as provided in
Article 4, Compensation.
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(b) 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 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 for the Project.
As the Project is developed to construction stage, State will submit plans and
specifications of the proposed work to the Local Government, wherein in the traffic
signals lie, to secure its approval of the plans and specifications, and State will secure
Local Governments' and Administrator's consent for Administrator to maintain and
operate the traffic signal prior to awarding the contract; said Local Government and
Administrator's consent to be signified by the signatures of duly authorized Local
Government's and Administrator's officers in the spaces provided on the title sheet of
the plans containing the following notation:
`Attachment — to "Voluntary lnterlocal Cooperation Agreement For Operation and
Maintenance of Traffic Signals" dated the day of , 20 .
Administrator, State and Local Government' maintenance, operation and
responsibilities shall be as heretofore agreed to, accepted, and specified in the
Agreement to which these plans are made a part and incorporated herein by
reference."
(c) All costs of construction and/or reconstruction of new and existing traffic signals will be
borne by State, and the traffic signal system will remain the property of State.
(d) It is understood and agreed that it is the responsibility of State to assume equipment
upgrade of State's traffic signal system, as shown on Exhibit 1.
Article 4--Compensation
(a) The maximum amount payable under this Agreement is $ per year.
(b) Payment for operation and maintenance of the traffic signals will be at a flat rate per
traffic signal, as shown on Exhibit 2.
(c) The State will be responsible for all electrical power costs for the operation of the traffic
signals covered by this Agreement and shown on Exhibit 1. Power costs shall be billed
directly to the State.
(d) The Administrator shall submit an invoice acceptable to the State on a
(monthly/quarterly/annual) basis. An acceptable invoice shall be submitted to the
following address:
Texas Department of Transportation
Attention:_ Director of Operations
PO Box 133067
Dallas, TX 75313-3067
(e) The Administrator shall maintain a system of records necessary to support and
establish the eligibility of all claims for payment under this Agreement. These records
may be reviewed at any reasonable time to substantiate the payment by the State
and/or determine the need for an adjustment in the amount paid by the State.
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(f) 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 costs shall be submitted to the State for review
and reimbursement.
(g) The State shall make payment to the Administrator within 30 days from receipt of the
Administrator's request for payment, provided that the request is prepared according to
this Agreement.
(h) 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 5 -Local Governments' Responsibilities
The State, Local Government and Administrator agree that Local Government shall have the
following responsibilities, obligations and duties pursuant to this Agreement:
(a) Local Government agrees that they will cooperate with the State and Administrator in
Administrator's responsibilities of the services and functions performed pursuant to this
Agreement.
(b) Local Government will, if any additional traffic signals are installed by the State, fulfill
their respective obligations under Article 3, (b).
(c) Local Government may request to the State that additional traffic signal(s) are needed
in their respective jurisdictions and specify the location thereof. If, after completing a
traffic signal study, a traffic signal is authorized by State, then the obligations, duties
and responsibilities as shown in Article 3, above, shall become effective.
(d) Local Government agrees that if they wish to withdraw from this Agreement prior to the
end of the one-year expiration date, that the Agreement will not terminate the duties,
obligations and responsibilities of the remaining parties to this Agreement.
Article 6 — Indemnification
The Local Government, the Administrator and the State acknowledge that they are not
agents, servants, or employees of the other parties and each party is responsible for its own
acts and deeds, errors, and omissions during the performance of this Agreement. The Local
Government, the Administrator and the State further acknowledge that nothing in this
Agreement creates, grants, or assigns rights or responsibilities to act as a joint venture or
partnership with the other parties to this Agreement.
Article 7 -Termination
This Agreement may be terminated by any of the following conditions:
(a) By mutual written agreement and consent of all parties.
(b) By State upon thirty (30) days written notice to Local Government and
Administrator for failure of Administrator to provide, according to this
Agreement, maintenance and operation services for those traffic signal
installations which Administrator has agreed to maintain and operate.
(c) By State upon sixty (60) days written notice to Local Government and
Administrator that State will assume operation and maintenance at the end of
the one (1) year period of this contract.
(d) By Local Government or Administrator upon 120 days written notice to State.
(e) At that time that any specific signal falls within the "Full Purpose" limits of a
Local Government possessing a population greater than 50,000 (based upon
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the Official U.S. Census), such signal shall be removed from the list shown
under Exhibit 1, with all maintenance responsibilities of said signal to be
reassigned under separate Agreement based upon the classification of the
State roadway at that time, i.e. freeway vs. non-freeway.
(f) As provided hereinbefore in this Agreement.
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 Local Government or Administrator shall be
promptly returned within thirty (30) calendar days to the State upon termination of this
Agreement.
Article 8 —Transfer of Responsibilities
The Administrator shall not transfer its responsibilities for the work under this Agreement
unless specifically approved in writing by State.
Article 9 —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 10 - 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 11 - State Auditor
The State Auditor may conduct an audit or investigation of any entity receiving funds from the
State directly under this Agreement or indirectly through a subcontract under the Agreement.
Acceptance of funds directly under this Agreement or indirectly through a subcontract under
this Agreement 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.
I
Article 12 - Prior Agreements Superseded
This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes
any prior understanding, written or oral agreements between the parties respecting the within
subject matter.
Article 13 — Current Revenues
Each party paying for the performance of governmental functions or services must make
those payments from current revenues available to the paying party.
Article 14—Signature Warranty
The signatories to this Agreement warrant that each has the authority to enter into this
Agreement on behalf of the party they represent.
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IN WITNESS WHEREOF, the parties have executed multiple counterparts to effectuate this
Agreement. This Agreement becomes effective when last signed.
ADMINISTRATOR
CITY OF FRISCO Approved as to form:
Name Nam
Title Titl
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Date D to
LOCAL GOVERNMENT LOCALGOVERNMENT
Q TOWO ;PROSPER
TOWN OF LITTLE ELM
' Name Nark
To%.
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Title Title
9 �> W /9 11� /eg
/ Dat6 Date
STATE OF TEXAS
Executed for the Executive Director 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:
f
Dallas District Engineer Date
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Contract Number: 18-9XXIL004
EXHIBIT 'I
Signalized intersections on State Highways located within the Town of Prosper.
US 380 at LaCima
Signalized intersections on State Highways located within the Town of Little Elm.
FM 423 at FM 720
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EXHIBIT 2
REIMBURSEMENT CALCULATION WORKSHEET
Signals shall be reimbursed at $2500 per intersection per year
Calculations: Locations X = 5000
The total amount payable per year is $ 5000
Exact amount paid to the Administrator will based upon whether a monthly, quarterly, or
yearly payment schedule is selected. The actual payment to be made per billing cycle will
be calculated by means of dividing the total amount paid per year by the number of
payments to be made per year.
i
I
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EXHIBIT 3
TRAFFIC SIGNAL MAINTENANCE AND OPERATION PROVISIONS
The Administrator agrees to:
1. Unless specifically noted elsewhere in this agreement, the signal timing and operational
phasing shall be the responsibility of the Administrator.
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.Either replace the lamps of all highway traffic signal heads as a group upon 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.
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
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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 Administrator personnel of the
traffic signal operation at each traffic signal during various times of the day to assure fair
distribution of time and 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 logbook 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 Administrator in cooperation with the State.
Traffic accidents, inclement weather, special events, maintenance, and construction
activities are a few of the causes of nonrecurring congestion. Nonrecurring congestion
often changes the normal traffic demand patterns. Effective and efficient movement of
traffic through the transportation network during periods on nonrecurring 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 nonrecurring congestion occurs on freeway or expressway mainlanes.
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Exhibit 4
Resolutions of the Local Government and the Administrator
i
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�x ►�-' 4-
CITY'OF FRISCO, TEXAS RESOLUTION NO. 09-08-1388
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRISCO,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY
OF FRISCO, TEXAS, TO EXECUTE A VOLUNTARY INTERLOCAL
COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF
FRISCO, TEXAS DEPARTMENT OF TRANSPORTATION, THE TOWN
OF PROSPER, AND THE TOWN OF LITTLE ELM FOR THE
OPERATION AND MAINTENANCE OF -TRAFFIC SIGNALS AT US
380 AT LA CIMA AND FM 423 AT FM 720.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRISCO, TEXAS:
SECTION 1: The City Manager of the City of Frisco, Texas, is hereby
authorized to execute, on behalf of the City Council of the City of Frisco, Texas, a
Voluntary Interlocal Cooperation Agreement by and between the City of Frisco,
Texas Department of Transportation, the Town of Prosper, and the Town of Little
Elm for the operation and maintenance of traffic signals at US 380 at La Cima
and FM 423 at FM 720, a copy of which is attached hereto and incorporated
herein for all purposes.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS the 04th da.y of AUGUST 2009.
U
rte '
Maher Maso, Mayor
ti
464• +��
CO' .
ATTEST T0:
4�
Jenny%/Page
City. Secretary
Resolution - Voluntary Interlocal Cooperation Agreement-
Operation and Maintenance of Traffic Signals
August 4, 2009
TOWN OF LITTLE ELM, TEXAS RESOLUTION NO. 08040902
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
LITTLE ELM, TEXAS, HEREBY AUTHORIZING THE TOWN
MANAGER OF THE TOWN OF LITTLE ELM, TEXAS, TO EXECUTE A
VOLUNTARY INTERLOCAL COOPERATION AGREEMENT BY AND
BETWEEN THE TOWN OF LITTLE ELM, TEXAS DEPARTMENT OF
TRANSPORTATION, THE TOWN OF PROSPER, AND THE CITY OF
FRISCO FOR THE OPERATION AND MAINTENANCE OF TRAFFIC
SIGNALS AT US 380 AT LA CIMA AND FM 423 AT FM 720.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF LITTLE ELM, TEXAS:
SECTION is The Town Manager of the Town of Little Elm, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Little Elm,
Texas, a Voluntary Interlocal Cooperation Agreement by and between the City of
Frisco,.Texas Department of Transportation, the Town of Prosper, and the Town
of Little Elm for the operation and maintenance of traffic signals at US 380 at La
Cima and FM 423 at FM 720, a copy of which is attached hereto and incorporated
herein for all purposes.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS the "T day of io 0 vs 2009.
Charles Platt, Mayor
ATT TO:
Kathy Philips
Town Secretary
Resolution --Voluntary Interlocaf Cooperation Agreement-
Operation and Maintenance of Traffic Signals
August 4, 2009
TOWN OF PROSPER,TEXAS RESOLUTION NO.09-095
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER,TEXAS,TO EXECUTE A VOLUNTARY
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN
THE CITY OF FRISCO, TEXAS DEPARTMENT OF
TRANSPORTATION, THE TOWN OF PROSPER, AND THE TOWN OF
LITTLE ELM FOR THE OPERATION AND MAINTENANCE OF
TRAFFIC SIGNALS AT US 380 AT LA CIKA AND FM 423 AT FM 720
NOW,THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper,Texas,is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, a Voluntary Interlocal
Cooperation Agreement by and between the City of Frisco,Texas Department of Transportation,
the Town of Prosper, and the Town of Little Elm for the operation and maintenance of traffic
signals at US 380 at La Cima and FM 423 at FM 720,as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 1 l"'day of August,2009.
C arles Niswa r,Mayor
ATTEST
`4�%tgN 111/1
.�`� OF PRp�j�i�
�4atthew D. Denton,TRMC e
Town Secretary
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