HomeMy WebLinkAboutRes 2017-10-373 TXDOT Traffic Signal Preemption EquipmentCITY OF ANNA, TEXAS
RESOLUTION NO. M/740-373
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA AUTHORIING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR THE FURNISHING, INSTALLING AND MAINTENANCE
OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT.
WHEREAS, traffic signal preemption is a system that allows emergency vehicles to
preempt the normal operation of traffic signals while en route to an emergency call; and
WHEREAS, in order for the City to install signal preemption equipment on a signal within
the Texas Department of Transportation's (TxDOT) jurisdiction, a governmental entity
must execute a standardized agreement with TxDOT called an Agreement for the
Furnishing, Installing and Maintenance of Traffic Signal Preemption Equipment;
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL:
Section 1. Recitals Incorporated.
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby authorizes the City Manager to execute the Agreement for the
Furnishing, Installing and Maintenance of Traffic Signal Preemption Equipment, attached
hereto as Exhibit 1. The City Manager is hereby authorized to execute all documents and
to take all other actions necessary to finalize, act under, and enforce the Agreement.
PASSED by the City Council of the City of Anna, Texas, on this 24th day of October, 2017.
ATTEST: ,��I11111111l1//�� APPROVED:
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Carrie L. Smith; City Secretary' * ustin Burr, Mayor Pro Tem
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CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO � PAGE 1 OF 1
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
AGREEMENT FOR THE FURNISHING, INSTALLING AND
MAINTENANCE OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT
THIS AGREEMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, hereinafter called the "State", and the City of Anna, hereinafter
called the "City", acting by and through its duly authorized officers.
WITNESSETH
WHEREAS, the State owns and maintains a system of highways and roadways in the City of .
Anna pursuant to Transportation Code, Section 201.103; and
WHEREAS, the City or its contractor has requested to install emergency vehicle preemption
systems at the locations listed on Exhibit A;
WHEREAS, the State and the City are in agreement that the proposed systems will be installed;
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 as hereinafter
set forth, it is agreed as follows:
AGREEMENT
ARTICLE 1. CONTRACT PERIOD
This agreement becomes effective on final execution by the State and shall remain in effect as
long as said traffic signal preemption equipment is in operation at the described locations.
ARTICLE 2. TERMINATION
This agreement may be terminated by one of the following conditions:
1) By mutual agreement of both parties;
2) By the State giving written notice to the City or its contractor as consequence of failure by
the City or its contractor to satisfactorily perform the services and obligations set forth in
this agreement, with proper allowances being made for circumstances beyond the control
of the City or its contractor;
3) By either party upon thirty (30) days written notice to the other.
ARTICLE 3. COMPENSATION
No compensation shall be paid for this agreement.
ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL
A. The City or its contractor will use labor and supervisory personnel employed directly by the
City or its contractor, and use City owned or its contractor owned machinery, equipment, and
vehicles necessary for the work. In the event that the City or its contractor does not have the
machinery, equipment, and vehicles necessary to perform the work, the machinery,
equipment, and vehicles may be rented or leased as necessary.
B. No reimbursement shall be paid for any materials supplied by the City or its contractor. All
materials shall be new and undepreciated stock.
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C. Any necessary changes to the existing signal required to install the preemption system will
be at the City's expense.
D. If it becomes necessary to adjust, replace or reinstall the preemption system due to
reconstruction of the intersection or upgrading of the signals, it shall be done by the City at
City expense.
ARTICLE 5. INSPECTION OF WORK
A. The State shall make suitable and complete inspection of all materials, and equipment, and
the work of installation to determine and permit certification that the components meet all
applicable requirements and are in suitable condition for operation and maintenance by the
City or its contractor after its completion. All components of the system will be subject to
random testing and inspections by the State.
B. The City or its contractor will provide opportunities, facilities, and representative samples, as
may be required, to enable the State to carry on initial and random inspections of all
materials and application methods; sufficient to afford determination and certification by the
State that all parts of the installation and the component materials comply with the State
standards and specifications. The State will promptly notify the City or its contractor of any
failure of materials, equipment, or installation methods, and the City or its contractor will take
such measures necessary to obtain acceptable systems components and installation
procedures without delay.
ARTICLE 6. RESPONSIBILITIES OF THE PARTIES
The parties agree that neither party is an agent, servant, or employee of the other party and
each party agrees it is responsible for its individual acts and deeds as well as the acts and
deeds of its contractors, employees, representatives and agents. State shall not be held
responsible for the operation (or non -operation) of the preempt equipment, or for any effect it
may have on emergency vehicle response.
ARTICLE 7. DE -ACTIVATION OF THE PREEMPT SYSTEM
The State reserves the right to disconnect the preempt system from the traffic signals should
any problem arise affecting the State including that the State has determined that the
preemption is being abused. The State will notify the appropriate City office of the de -activation
of the preempt system. Upon correction of the problem the preempt system would be re-
connected.
ARTICLE 8. PREEMPTION INSTALLATION REQUIREMENTS
The City or its contractor shall furnish and install an aluminum lockable cabinet for the
preemption system equipment. The preemption cabinet shall be attached to the State's traffic
signal cabinet by means of a two (2) inch Myer's hub supplied by the City or its contractor. The
City or its contractor will furnish and install a Cannon type disconnect plug between the State's
traffic signal cabinet and the preemption cabinet. The State will furnish 120 volts AC power to
the preemption cabinet for all auxiliary equipment. All transformation of power shall take place
within the preemption cabinet. The State will allow the preemption equipment to monitor all
outgoing green traffic signal indications. The preemption equipment will supply a maximum of
four preemption inputs.
ARTICLE 9. REPORTS
Upon written request, the City will be required to supply the State with a list of preemptions. The
list shall show date, time, intersection, direction, and duration of each preemption and vehicle
identification information of the emergency vehicle requesting each preemption. At the request
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of the State, the Local Government shall submit any information required by the State in the
format directed by the State.
ARTICLE 10. REMEDIES
Violation or breach of contract terms by the City or its contractor shall be grounds for
termination of the agreement, and any increased cost arising from the City or its contractor's
default, breach of contract, or violation of terms shall be paid for by the City or its contractor.
This agreement shall not be considered as specifying the exclusive remedy for default, but all
remedies existing at law and in equity may be availed of by either party and shall be cumulative.
If at any time, the City or its contractor fails to assume the maintenance and operations
responsibilities for the preemption systems in a satisfactory manner as determined by the State,
the State reserves the right to arrange for maintenance and operations at the expense of the
City or its contractor. The State shall contact the appropriate City authority prior to the
arrangement for alternative maintenance.
ARTICLE 11. INSURANCE
The City shall provide necessary safeguards to protect the public on State -maintained highways
including adequate insurance for payment of any damages which might result during the
construction, maintenance and operation of the preemption equipment, and to save the State
harmless from damages, to the extent of said insurance coverage and insofar as it can legally
do so. Prior to beginning work on the State's right-of-way, the City's construction contractor
shall submit to the State a fully executed copy of the State's form 1560 Certificate of Insurance
and shall maintain the required coverage during the construction of all work associated with this
agreement.
ARTICLE 12. SUBLETTING
The City or its contractor shall not sublet or transfer any portion of its responsibilities and
obligations under this agreement unless specifically authorized in writing by the State. In the
event the City or its contractor enters into subcontracts, the subcontractors must adhere to the
provisions of this agreement.
ARTICLE 13. SUCCESSORS AND ASSIGNS
The City or its contractor shall not assign or otherwise transfer its rights or obligations under this
agreement except with the prior written consent of the State.
ARTICLE 14. 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 15. INSPECTION OF CITY'S BOOKS AND RECORDS
A. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract 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.
B. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
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Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract 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. An entity that is the subject of an audit or investigation must provide the state auditor
with access to any information the state auditor considers relevant to the investigation or
audit.
ARTICLE 16. NOTICES
All notices to either party by the other required under this Agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the
following respective addresses:
City:
City of Anna
Attn: Director of Public Works
PO Box 776
Anna, TX 75409
State:
Texas Department of Transportation
Attn: Director of Operations
4777 E. Highway 80
Mesquite, TX 75150
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party hereto may change the above address by sending
written notice of such change to the other in the manner provided herein.
ARTICLE 17. GOVERNING LAWS AND VENUE
This agreement shall be construed under and in accordance with the laws of the State of
Texas. Any legal actions regarding the parties' obligations under this agreement must be filed in
Travis County, Texas.
ARTICLE 18. PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties hereto and supersedes
any prior understandings or written or oral agreements between the parties respecting within the
subject matter.
ARTICLE 19. REVISIONS TO EXHIBIT A
Revisions to the locations listed in Exhibit A may be made if submitted in writing by the City and
initialed by both parties.
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IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of this
agreement.
THE CITY OF ANNA
Executed on behalf of the City by:
ByDate 6f zx I —
Typed or P ed Name and Title Philip Sanders
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, established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission.
Date
James K. Selman, P.E.
Dallas District Engineer
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FM 455 at Ferguson Pkwy.
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SH 5 at the Collin County Outer Loop
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