2001-003-RES APPROVING/AUTHORIZING LETTER AGREEMENT BETWEEN COP AND TXDOT
RESOLUTION NO. ?OO 1-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING A LETTER
AGREEMENT BETWEEN THE CITY OF PARIS AND THE TEXAS
DEPARTMENT OF TRANSPORTATION RELATED TO THE
INSTALLATION OF EMERGENCY VEHICLE PREEMPTION
EQUIPMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Paris Fire Department has determined that the installation of
emergency vehicle preemption equipment at the intersection of U.S. Highway 82 and Pine Mill Road
would assist the various emergency departments of the City in speeding up the response of such
emergency vehicles by affording the opportunity for those vehicles to preempt traffic signaling at
such time as the emergency vehicles need to traverse said intersection; and,
WHEREAS, the Paris Fire Department has applied to the Texas Department of
Transportation for approval for installation of such preemption equipment at the intersection of U.S.
Highway 82 and Pine Mill Road because such intersection is a state-maintained highway; and,
WHEREAS, as a consequence of such request, the Texas Department of Transportation,
over the signature of Mr. James G. Freeman, District Engineer, has responded with a letter agreement
requesting the City of Paris to agree to the terms and conditions set out therein; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That a letter agreement dated September 21, 2000, over the signature of Mr.
James G. Freeman, District Engineer, regarding the installation of emergency vehicle preemption
equipment at the intersection of U.S. Highway 82 and Pine Mill Road in the city of Paris, Texas, a
copy of which is attached hereto as Exhibit A and for all purposes incorporated herein, shall be and
is hereby, authorized for approval on behalf of the City of Paris, and that the City Manager be, and
he is hereby, authorized to execute said agreement on behalf of the City of Paris.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 8th day of January, 2001.
ATTEST:
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Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
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I Texas Department of Transportation
1365 North Main Street
Paris, Texas 75460
December 21, 2000
Mr. Steve Neece
Deputy Chief, Paris Fire Department
1444 North Main
Paris, Texas 75460
Dear Mr. Neece:
I have received your request of December 8, 2000 to install 3M Opticom emergency
vehicle preemption at the intersection of US 82 and Pine Mill Road in Paris, Texas. I
understand arrangements have been made with Consolidated Traffic Controls, Inc of
Arlington, Texas to install the Opticom System on the traffic signal at this location.
These signals shall only be preempted by emergency vehicles making emergency
runs with flashing lights and sirens active. We have had cities that wanted to run
"silent alarms" with no lights or sirens. If the emergency is not important enough
to use flashing lights and sirens, then we do not want the signals preempted. If
traffic at the intersection sees an emergency vehicle travel through the
intersection with flashing lights and sirens, they expect some delay at the signal.
Without lights and siren, they think there is a problem with the signal.
It should be noted that preemption could take up to ten seconds after preemption
equipment has activated the signal controller.
The preemption equipment will be tied to the main signal breaker and fused with
a separate fuse. All preemption connections must be made to the preempt panel.
Wiring for permanent preemption equipment may be installed by placing the
wiring inside the pole, mast arm, and conduit. The location and size of holes
allowed in TxDOT equipment for running wiring will be determined on a case by
case basis. If there is not enough room in the conduit for more wires, the City will
have to install additional conduit at their expense. The determination as to the
amount of room in the conduit will be made by TxDOT. The Preemption cabinet
may be bolted to the side of the signal cabinet at the locations approved by
EXHIBIT A
TxDOT. All other preemption equipment shall be mounted exterior to TxDOT
equipment with straps or other non-penetrating methods.
The city will be required to supply TxDOT with a list of all preemptions each
month or as requested. The list shall show date, time, intersection, direction, and
duration of each preemption.
If the signal controller goes out, TxDOT Signal Technicians may not always have
a controller with preemption to replace it. This would result in the loss of
preemption until we could repair or replace the controller with preemption. Any
necessary changes to the existing signal required to install the preemption system
will be at the City's expense.
It will be the City's responsibility to install and maintain the preemption
equipment. The maintenance shall include repair or replacement of any
equipment (except for TxDOT equipment) necessary to keep the preemption
system working properly. If it is determined that the preemption is being abused
or that it is not functioning properly, TxDOT has the authority to require the City
to remove the Preemption system from the signal installation or TxDOT may
remove it with its own forces.
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.
For access to TxDOT maintained signal controllers to install the preemption
equipment, the City or the City's Contractor will need to contact Tommie Cox
(903-737-9358) approximately 48 hours in advance. For access for repairs contact
Tommie as soon as possible. The City or the city's contractor will not be allowed
access to the controller cabinet without advance notice to TxDOT. A TxDOT
signal technician will need to be present during installation and/or repairs.
The parties to this letter of agreement 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.
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 completed insurance form (Exhibit "An) and shall maintain the
required coverage during the construction of all work associated with this
agreement.
Please notify all operators of emergency vehicles within your city of this policy. Any
future requests for the City to add a preemption system to other TxDOT maintained
signals should be made in writing to the Texas Department of Transportation in Paris. If
you have any questions, please contact Jerry Keisler at 903-737-925 L
Please sign and return one copy of this letter of understating.
S'orerely. ifJ ~
I James G. Freeman
l/ District Engineer
On behalf of the City of Paris, we understand and agree to follow the requirements stated
above.
Executed by:
Date:
Title:
cc: Jerry Keisler, Director of Transportation Operations
Tommie Cox, Signal Shop Manager
John Yant, Paris Area Engineer
DTO file
EXflIBU A
RFP or Contract #
TxDOT Form No. 1560 (Rev. 1291) Previaus cditions ofdtis form may noc bo used.
NOTE: Copia oflbc CDdonemcnb listed below are
DOt required u anachmcnu to this
certificate.
TEXAS
DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF INSURANCE
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The named coalractOl sbaIlllOC commcaco work until he/she has obWaed the miDilDun insurance specified Sa Section D. below, aDd obtained the foUowial
endorsements: the Texu Dcpartmcal OrTraJIlIportadoD U 14 AddltloDlI hasurcd for covcnges] and 4, and. Waiver of Subroaadoa Us favor arlhc same
depllltmeDl uncIu coverqes 2, ,3 and 4. Ooly certi1kaccs ofinsunnce publisbed by this deputmeat are acceptable u proof orlnsuraace. Commercial canien'
certiru:atc=sare UDaeeeptable.
SECTION I IDENTIFICATION DATA
..1 Insured Coottactor's Name
1.2 SttcetIMaUing Address
1.3Ciry
Il.4StlIC
II.SZiP
t.6 PhoDe Number
Area Code (
SECTION II TYPE OF INSURANCE
Type Policy
N,"""",
Effective
Dale:
ExpiratiOD
Date:
LimiuofLiability
Not Less Tbau:
2. WORKERS' COMPENSATION
2.1
2J
SlalutoryTcxas
2.2
Endoned with a Waiver oC SubrocadoD in favor ollhe Texas Department ofTnuuportatiOD.
3. COMMERCIAL GENERAL LlABlUTY
$600,000 combiDcd siDgle limir
each occurrence and io the
.......~
Endorsed with the Texas Department ofTransponatioD 1.1 an AdditlOlUlllasured and endorsed with a Waiver of SubrOlattoa ia favor oftbe Texas Department of
Transportation.
Bodily lDjurylPropmy
Damage
3.1
3.2
3"
4. TEXAS BUSINESS AUTOMOBILE POLICY
A. Bodily Injury
4.2
4J
5250,000 ea. Person
5500,000 ea. Occ:urreacc
4.1
B. Property Damage
4.4
4.'
4.6
5100,000 ea. oec:wrcnce
Endorsed with the Texas Depanment afTransportatiaa as an Addltlanallasured and endarsed with a Waiver of SubrOlattoa in favor oftbe Texas Departmenl af
Transportalion.
5. UMBRELLA POLICY (It Applicable)
'.1
SECfION III CERTIFICATION
'.2
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s
This Certificale oClDsuraacc neitbcr affarmadvcly or aeptivcly ameads, extends, ar allm the COVCtl.JC afforded by tbe above insurance policies issucd by the
insurance company named belaw.
CanceUatioa oCme insurance policies shall 0.01 be made until THIRTY DAYS AFTER the undcrsiplcd agent ar hislbcr COmpaDy bu seal written notices bycertificd
mail 10 me contractor and me Texas Department afTramportation. . .
THIS IS TO CERTIFY to me Texas Deparurnt alTransportation. acting an behalf aCthe State OlTClW, dw the insW"a.ll.cc policics above meet aU the requirements
stipulatcd above and such policies are in full force and effect.
6.1 Name ollDsurance COD1JI.DY 7.1 NameaCAutborized Apt
6.2 Company Addreu 7.2 Ageat's Address
6.3 City 6.4Scate 6.5 Zip 7.3 City 17.4S~~ 7.SZip
7.6 Autharized Agent's Phone No.. Original Signanarc of Autharized Aaeat
Area Code { ,
Dale
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