From
Patricia D. B. Redfearn, Ph.D.
Title
Resolution 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 along TxDOT rights-of-way in Dallas County
Presenter
Patricia D. B. Redfearn
Recommended Action
Approve
Analysis
Since September 8, 1994, the Dallas District of Texas Department of Transportation has been responsible for the clean up of approximately 297.699 acres of roadside land within the City of Grand Prairie, along IH 20 IH 30 and SH 180. The frequency with which TxDOT has been able to maintain these roadside acres is insufficient to provide the level of cleanliness desired by the City. Amendment #1 to the Municipal Maintenance Agreement, will allow the City to contract with a vendor to provide for the collection of litter along these roadways and provide for reimbursement up to $14.73 per acre per collection cycle, up to 12 cycles per year.
Financial Consideration
The cost of litter collection along these roadways at a frequency of once per month, at $14.73 per acre is $52,621.27, which is eligible for reimbursement. If litter collection is needed more frequently, the expense associated with this will be paid for by the City.
Funding is available in the approved FY 2018/2019 Solid Waste Budget 303510 61065 Contractual Services.
Body
A RESOLUTION OF THE CITY OF GRAND PRAIRIE, TEXAS, 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 along TxDOT rights-of-way
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 control maintenance of certain state highways and roadways within the City, including IH 20, IH 30 and SH 180; and
Whereas, the State conducts this litter control maintenance through its litter control contractors; and
Whereas, the City desires to perform additional litter control maintenance on the aforementioned state routes; 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:
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:
State'sResponsibilities
1. Reimburse the City for cleaning up litter within the entire right-of-way. Reimbursement shall be limited to 12 litter cycles per year (on a monthly basis). The rate of reimbursement shall be up to current contract prices for liter pick up costs for Dallas County. The current contract price for each cycle is $14.73/acre for litter cleanup. Reimbursement may be further limited if the State adopts a statewide policy reducing the number of litter cycles to less than 12 per year. If there is a State policy change to further reduce the State's 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 litter control at the locations indicated on the following table:
Facility From To Acres
IH 20 (Controlled Access) East City Limit West City Limit 114.427 Acres
IH 30 (Controlled Access) East City Limit West City Limit 145.618 Acres
SH 180 (Non-Controlled Access) East City Limit West City Limit 37.654
2. Submit invoices and cancelled checks for litter clean up cycles at intervals as established above.
3. Reimbursement will not be made for sections of roadway that are under construction or for sections of roadway that are taken off the state system.
The City agrees that for litter clean up, if performed by employees of the City, the City shall show proof of self-insurance. If litter clean-up 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 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 litter clean up 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 o r t h e 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 mututally agreed by the parties, termintation 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, this 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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, September 17, 2019.