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Home My WebLink AboutRes 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 f wit All It _. . UA , ,. iNt 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 Taaa 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 rU t / AM ILA ,^ , .c w3 �t [ 2 u1 firs f Yi o-a R,�,' r I a '1Au a I W AAA x ie. ,'4 ZAK AM)ld 113MOd z.._._�___.� It f L -�� :. A