HomeMy WebLinkAboutRes 2018-08-480 LMA with TXDOT for Green Ribbon Program FM 455CITY OF ANNA, TEXAS
RESOLUTION NO. Dl L D
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A LANDSCAPE
MAINTENANCE AGREEMENT (LMA) WITH TEXAS DEPARTMENT OF TRANSPORTION
(TXDOT) FOR THE GREEN RIBBON PROGRAM PROJECT ON U.S. 455.
WHEREAS; The City of Anna, Texas (the City) has received grant funding for a Green
Ribbon Program Project (the Project) from TXDOT; and,
WHEREAS; A landscape maintenance agreement is required to execute the contract with
TXDOT; and,
WHEREAS; the Project supports the City's adopted Strategic Plan goal of designing and
constructing of median enhancements on S.H. 455 between U.S. 75 and S.H. 5;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT.
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization.
The City Council hereby approves Landscape Maintenance Agreement attached hereto as
Exhibit A, and authorizes, ratifies and approves the City Manager's execution of same. The
City Manager is hereby authorized to execute all documents and to take all other actions
necessary to finalize the agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28th day
of August 2018.
ATTEST:
City Secretary Carrie L. Smith
APPROVED;
Mayor Nate Pike
RESOLUTION: �d��'D�"`t'OV PAGE 1 OF 1 8/28/18
(JTexas Department of Transportatiori
4777 US Highway 80 East I Mesquite TX TEXAS 75150 I WWW.TXDOT.GOV
9 August 2018
Mr. Maurice Schwanke
City Planner
City of Anna
101 N Powell Parkway
Anna, TX 75409
RE: Green Ribbon Funding Award — FY2019
Dear Mr. Schwanke:
The Texas Department of Transportation (TxDOT) Dallas District has approved the City of
Anna's proposed FM 455 project (phase 1 and phase 3) for Green Ribbon Landscape funds in
the 2019 fiscal year (September 2018 through August 2019). The City of Anna has been
approved for a fixed amount of $687,286,00. Direct State Cost will not be charged. Any items
exceeding the awarded amount will be the city's responsibility.
In order for the project to move forward in a timely manner and in good faith, the City must sign
and return the Landscape Maintenance Agreement (LMA-attached) as quickly as possible. The
City of Anna should have two (2) original signed LMA documents to our office by September
243 2018 or the funding will be forfeited.
We have set Wednesday August 15, 2018 at 1:00 pm for us to meet in our offices to go over
the proposed projects, responsibilities for design, Cl"d to discuss maintenance responsibilities.
If the City would like additional work beyond the funded amount, then an Advance Funding
Agreement should be drafted at this time to be signed by the City and TxDOT.
If you should have any questions, please contact me at Thomas.Hubacek(a�Txdot.gov or
(214) 320-6205.
Thank you,
Thomas Hubacek, RLA
Landscape Architect
TxDOT Dallas District
Office: (214) 320-6205
::Wail: Thomas. Hubacek(@Txdot.gov
OUR GOALS
MAINTAIN A SAFE SYSTEM ■ADDRESS CONGESTION •CONNECT TEXAS COMMUNITIES BEST IN CLASS STATE AGENCY
�0 q JD g� y go An Equal Opportunity Employer
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Department of Transportation
4777 EAST US HIGHWAY 80, MESQUITE, TEXAS 75150-66431 214-32046100 1 WWW.TXDOT.GOV
October 057 2018
Landscape Maintenance Agreement
City of Anna
Collin County
Maurice Schwanke
Planning & Development
City of Anna
P.O. Box 776
Anna, TX 75074
Dear Mr. Schwanke:
Please find attached, one (1) original fully executed Landscape Maintenance Agreement for your
files and use.
If you have any questions, please contact Rebecca Smith at 214-320-4432.
Sincerely,
ak ox4j, P
Andrew R. Oberlander, P.E.
District Transportation Operations Engineer
Attachment
OUR VALUES: People •Accountability • Trus[ •Honesty
OUR MISSION: Through collaboration and leadership, we deliver a safe, reliable, and integrated transportation system that enables [he movement of people and goods.
An Equal Opportunity Employer
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LANDSCAPE MAINTENANCE AGREEMENT
oepanmenl
o/Transportaflon
Form 2043
(Rev. 04/12)
Page 1 of 3
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
This AGREEMENT made this s� day of VU a ice. , 20M , by and
between the Texas Department of Transportation, hereinafter referred to as the
"State," and the City of Anna Collin County, Texas,
acting by and through its duly authorized officers, hereinafter called the "City".
WITNESSETH
WHEREAS, Chapter 311 of the Transportation Code gives the City
exclusive dominion, control, and jurisdiction over and under the public streets
within its corporate limits and authorizes the City to enter into agreements with the
State to fix responsibilities for maintenance, control, supervision, and regulation of
State highways within and through its corporate limits; and
WHEREAS, Section 221.002 of the Transportation Code authorizes the
State, at its discretion, to enter into agreements with cities to fix responsibilities for
maintenance, control, supervision, and regulation of State highways within and
through the corporate limits of such cities; and
WHEREAS, the State and the City have entered into a Municipal
Maintenance Agreement dated October 11I 1994 ,the provisions of
which are incorporated herein by reference, and wherein the City has agreed
to retain all functions and responsibilities for maintenance and operations which
are not specifically described as the responsibility of the department; and
WHEREAS, the State has existing and proposed landscape
improvementsI such as, but not limited to, the installation of tree, shrub, and turf
plantings, irrigation systems, and other aesthetic elements for areas within the
right of way of state highway routes within the City as shown on Attachment "A";
and
WHEREAS, the State will provide such landscape improvements, provided
that the City agrees to be responsible for all required maintenance of the
landscape improvements.
Form 2043 (Rev. 04/12)
Page 2 of 3
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be by them respectively kept
and performed, it is agreed as follows:
Contract Period
This Agreement becomes effective upon the date of final execution by the
State, and shall remain in effect until terminated or modified as hereinafter
provided.
Coverage
This agreement prescribes the responsibilities of the State and the City
relating to the installation and maintenance of landscape elements on non -
controlled access state highways, as defined in the Municipal Maintenance
Agreement, and described and graphically shown as "State Maintained and
Operated" in that agreement.
Amendment
The parties agree that this agreement may be amended. Such amendments,
to be effective, must be in writing and signed by both parties.
State's Responsibilities
The State shall install landscape elements including but not limited to trees,
shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its
employees or duly appointed agents.
City's Responsibilities
The City may install landscape elements including but not limited to trees,
shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its
employees or duly appointed agents. Any installations shall be performed in
accordance with Texas Department of Transportation specifications and
standards, and must be approved by the State in writing prior to any work being
performed.
Form 2043 (Rev. 04/12)
Page 3 of 3
The City shall maintain all landscape elements within the limits of the right of
way including all median and island areas but excluding paved areas intended for
vehicular travel. Landscape maintenance shall include but not be limited to plant
maintenance, plant replacement, mowing and trimming, hardscape element
maintenance, and irrigation system operation and maintenance. All landscape
elements must be maintained in a functional and aesthetically pleasing condition.
TERMINATION
It is understood and agreed between the parties hereto that should either
party fail to properly fulfill its obligations as herein outlined, the other party may
terminate this agreement upon thirty days written notice. Additionally, this
agreement may be terminated by mutual agreement and consent of both parties.
Should the City terminate this agreement, as prescribed here above, the City
shall, at the option of the State, reimburse any reasonable costs incurred by the
State.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,
the City of
Anna
on the 28th
day of
August ,year 2018 ,and the Texas Department of Transportation,
on the S� day of &12 year,
CITY OF Anna
By Interim City Manager
(Title of Signing Official)
Attachments
THE STATE OF TEXAS
Executed for the Executive Director and
approved for the Texas Transportation
Commission for the purpose and effect
of activating and/or carrying out the
orders, and the established policies or
work programs heretofore approved, an
authorized by the Texas Transport on
Commissi&q
District Engineer
District
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