From
Fred Bates, Jr.
Title
Resolution ratifying and amending the Municipal Maintenance Agreement between the City of Grand Prairie and the State of Texas Department of Transportation, providing for the City to conduct all mowing and litter collection along TxDOT rights-of-way in Tarrant County.
Presenter
Steve Collins, Code Compliance Manager
Recommended Action
Approve
Analysis
Since February 28, 2007, the Fort Worth District of Texas Department of Transportation has been responsible for the cleanup of approximately 102.24 acres of roadside property within the City of Grand Prairie, along access state routes of State Hwy 360 N (from Avenue K North to the Fort Worth border), IH 30, and IH 20. The frequency with which TxDOT has been able to maintain these roadside acres is insufficient to provide for the cleanliness desired by the City. Amendment #1 to the Municipal Maintenance Agreement will allow the City to contract with a vendor to collect litter and conduct mowing along these roadways and provides for reimbursement to the City from the state for up to $13.56 per acre per collection cycle, up to 12 events per year for the 5-year period and $46.65 per acre per mowing cycle, up to three (3) events per year for the 5-year period. This amendment will allow the coordination of litter and mowing cycles to reduce the chance of mowing taking place before the litter has been picked up.
Council approved a similar amendment on February 18, 2020. However, prior to that agreement being signed by both parties, Fort Worth TxDOT agreed to reimburse for mowing as well. This agreement reflects the addition of mowing reimbursements.
Financial Consideration
The actual cost of mowing along these roadways at a frequency of once per month is $23,847.50 of which approximately $14,308.50 is eligible for reimbursement annually from TxDOT under this agreement. If more frequent mowing is needed, the expense associated with this will be paid for by the City.
Funding is available in the approved FY 2019/2020 Code Compliance Budget 283310 61225 Contractual Services.
Body
A RESOLUTION OF THE CITY OF GRAND PRAIRIE, TEXAS, RATIFYING AND AMENDING THE MUNICIPAL MAINTENANCE AGREEMENT BETWEEN THE CITY OF GRAND PRAIRIE AND THE STATE OF TEXAS DEPARTMENT OF TRANSPORTATION, PROVIDING FOR THE CITY TO CONDUCT ALL LITTER COLLECTION AND MOWING ALONG TXDOT RIGHTS-OF-WAY IN TARRANT COUNTY
Whereas, on the 28th day of February 2007, the Texas Department of Transportation, the "State," and the City of Grand Prairie, the "City" entered into a Municipal Maintenance Agreement intended to cover and provide for state participation in the maintenance of state routes within the City; and
Whereas, the State, under the aforementioned Agreement, provides mowing and litter clean up on controlled access state routes of IH0360 N (from Avenue K north to the Fort Worth border) 50.01 acres, IH0030 .57 acres, and IH0020 42.87 acres for 93.45 total acres within the City; and
Whereas, the State conducts this mowing and litter clean up through its mowing and litter cleanup contractors; and
Whereas, the City desires to perform all mowing and litter control maintenance on the aforementioned controlled access state routes within the City; and
WHEREAS, the City and the State agree to amend the existing Municipal Maintenance Agreement
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of GRAND PRAIRIE, Texas that:
Section 1. In consideration of the premises and mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, the City and State do mutually agree to the amendment as follows:
Section 2. State's Responsibilities
1. Reimburse the City for cleaning up litter within the outermost curbs of the frontage roads or the entire right-of-way line and the outermost curb or crown-line of the frontage road in undeveloped areas. Reimbursement shall be limited to twelve litter collections per year for a five-year commitment. The rate of reimbursement shall be based on the average 2019 litter clean-up costs for Tarrant County. The average cost for litter cleanup is $13.56/acre. Reimbursement may be further limited if the State adopts a statewide policy reducing the number of cycles to less than twelve per year.
2. Reimburse the City for full width mowing within the outermost curbs of the frontage roads or the entire right-of-way line and the outermost curb or crown-line of the frontage road in undeveloped areas. Reimbursement shall be limited to up to three (3) mowing cycles a year for a minimum of a five (5) year commitment. The rate of reimbursement shall be based on the full width mowing cost for Tarrant County. The 2019 rate for full width mowing is $46.65/acre. Reimbursement may be further limited if the State adopts a statewide policy reducing the number of cycles to less than three (3) per year.
If there is a State policy change to further reduce the State's mowing or litter cycles, the State shall notify the City, in writing, within sixty (60) days of this change. If the State fails to notify the City as required under this paragraph, the State shall be responsible for payments to the City in accordance with the previously agreed upon reimbursement schedule.
City's Responsibilities (Controlled Access)
1. Perform full width mowing and litter control at the locations indicated as follows:
Controlled access state routes of IH0360 N (from Avenue K north to the Fort Worth border) 50.01 acres, IH0030 .57 acres, and IH0020 42.87 acres for 93.45 total acres within the City.
Clean up litter and perform full width mowing within the outermost curbs of the frontage roads or the entire right-of-way width where no frontage roads exist, and between the right-of-way line and the outermost curb or crown-line of the frontage roads in undeveloped areas for a minimum of five (5) years.
2. Submit invoices and cancelled checks for mowing and litter cleanup cycles at intervals as established as above.
3. Reimbursement will not be made for litter pick up if the roadway is under construction or if it is taken off the state system.
The City agrees that for mowing and litter cleanup, if performed by employees of the City, the City shall show proof of self-insurance. If mowing and litter cleanup is performed by a contractor(s) selected by the City through its selection process; the City shall require the contractor(s) to have in place, insurance as evidenced by the State's Certificate of Insurance form. The city will also require any contractor(s) to agree to indemnify and save harmless the state from all claims and liability due to the contractor(s) materials or activities of itself, its agent, or employees, performed under the agreement with the city that are caused or may result from error, omission, or negligent act. Prior to any mowing or litter cleanup by the City, such evidence of self-insurance or certificate of insurance shall be provided to the State.
Termination
This Amendment is expressly made subject to the rights of TxDOT or the City to terminate this Amendment without cause or liability, excluding liability for services rendered prior to the date of termination, upon providing written notice to the other party. Except as otherwise provided in this paragraph or mutually agreed by the parties, termination without cause shall be effective thirty (30) days after the non-terminating party's receipt of written notice. TxDOT or the City may terminate this Amendment upon notice at any time for a violation of the terms of this Amendment. The termination of this Amendment does not affect any other provisions of the existing Municipal Maintenance Agreement between the parties. If the City has entered into a contract with a third party to perform any service under this Amendment, the Amendment will continue in effect until the current term of the contract has expired.
In all other respects, the Agreement shall remain in force and effect without change.
SECTION 3. The City Manager is hereby authorized to enter into a contract to effectuate the intent of the outlined amendment.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, JULY 14, 2020.