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 Dallas County
Presenter
Steve Collins, Code Compliance Manager
Recommended Action
Approve
Analysis
Since September 6, 1994 the Dallas District of Texas Department of Transportation has been responsible for the cleanup and mowing of approximately 296.64347 acres of roadside property within the City of Grand Prairie, along access state routes of IH 20 (Controlled Access from the East City Limit to the West City Limit) 114.427 acres and IH 30 (Controlled Access from the East City Limit to the West City Limit) 145.618 acres. 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 $15.15 per acre per collection cycle, up to 12 events per year for the 5-year period and $55.00 per acre, limited to three (3) 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 litter has been picked up.
Council approved a similar amendment with regard to litter only on February 18, 2020. However, prior to that agreement being signed by both parties, Dallas TxDOT agreed to reimburse for mowing as well. This agreement reflects the addition of mowing reimbursements.
Financial Consideration
The total cost of mowing along these roadways at a frequency of once per month is $81,576.95 of which approximately $48,946.17 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 DALLAS COUNTY
Whereas, on the 6th day of September 1994, 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 litter clean up and mowing controlled access state routes of IH 20 (Controlled Access from the East City Limit to the West City Limit) 114.427 acres and IH 30 (Controlled Access from the East City Limit to the West City Limit) 145.618 acres within the City; and
Whereas, the State conducts this mowing and litter clean up through its mowing 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 mowing and litter clean up within the right-of-way on controlled access highways. Reimbursement excludes the area from the back of the curb to the right-of-way and highway under construction. Reimbursement shall be limited to up to twelve litter collections and three mowing cycles per year for a five-year commitment. The rate of reimbursement shall be based on the average 2019 mowing and litter cleanup costs for Dallas County. The average cost for litter cleanup is $15.15/acre. The average cost for mowing is $55.00/acre. Reimbursement may be further limited if the State adopts a statewide policy reducing the number of cycles to less than 3 per year for mowing and 12 per year for litter clean up.
If there is a State policy change to further reduce the State's mowing and 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 cycle.
City's Responsibilities (Controlled Access)
1. Perform mowing and litter clean up at the locations indicated as follows:
, Controlled access routes along access state routes of IH 20 (Controlled Access from the East City Limit to the West City Limit) 114.427 acres and IH 30 (Controlled Access from the East City Limit to the West City Limit) 145.618 acres.
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 sections of roadway under construction or if it is taken off the state system.
The City agrees that for litter cleanup and mowing, if performed by employees of the City, the City shall show proof of self-insurance. If litter cleanup and mowing is performed by a contractor(s) selected by the City through its selection process; the City shall require the 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 services 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 outlined amendment.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, JULY 14, 2020.