Loading...
Item 4FCity of Southlake, Texas MEMORANDUM March 18, 2008 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Resolution No. 08-011A, Approve an amendment to TxDOT municipal maintenance agreement for the furnishing, installing, operation and maintenance of cameras on State highway rights -of -way to monitor compliance with traffic - control signals Action Requested: Resolution No. 08-011A, Approve an amendment to TxDOT municipal maintenance agreement for the furnishing, installing, operation and maintenance of cameras on State highway rights -of - way to monitor compliance with traffic -control signals. Background Information: In August of 2007, the City of Southlake executed an agreement with Red Flex to install red light cameras at various intersections within the City of Southlake. On January 11, 2008, a meeting was conducted between Red -Flex, TxDOT and City staff where this project was discussed. At that meeting, TxDOT informed city staff that prior to the installation of the red light cameras, an updated version of the Municipal Maintenance Agreement would have to be approved by the City Council. The City Council approved the revised TxDOT roadway maintenance agreement on February 19, 2008. In addition to the approval of the roadway maintenance agreement, TxDOT is requiring the City Council to approve an amendment to the municipal maintenance agreement to provide for the installation, operation and maintenance of red light cameras on TxDOT signals. The two proposed locations for signals at this time is Gateway Drive at SH 114 and Pearson and FM 1709. Financial Considerations: The amendment to the municipal maintenance agreement does not have any direct financial impact on the city. Citizen Input/ Board Review: None Legal Review: None Alternatives: The City Council may approve the Amendment to the TxDOT Municipal Maintenance Agreement or deny it. Supporting Documents: Resolution 08-011A Amendment to TxDOT Municipal Maintenance Agreement Location Map Staff Recommendation: Adopt Resolution 08-011A, approving an amendment to revised TxDOT Municipal Maintenance Agreement for the installation, maintenance and operation of redlight cameras at teo locations. . Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer RESOLUTION NO. 08-OIIA A RESOLUTION APPROVING AN AMENDMENT TO THE MUNICIPAL MAINTENANCE AGREEMENT (City of Southlake Resolution No, 08-011) BETWEEN THE STATE OF TEXAS AND THE CITY OF SOUTHLAKE FOR THE FURNISHING, INSTALLING, OPERATION AND MAINTENANCE OF CAMERAS ON STATE HIGHWAY RIGHTS -OF - WAY TO MONITOR COMPLIANCE WITH TRAFFIC -CONTROL SIGNALS; AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE SECTION 1.: That the certain amendment to the municipal maintenance agreement dated , between the State of Texas and the City of Southlake for the furnishing, installing, operation and maintenance of cameras on state highway rights -of -way to monitor compliance with traffic -control signals in the City of Southlake be, and the same is, hereby approved; and that Mayor Andy Wambsganss is hereby authorized to execute said agreement on behalf of the City of Southlake and to transmit the same to the State of Texas for appropriate action. DATE APPROVED: City of Southlake Mayor ATTEST: City of Southlake Clerk APPROVED AS TO FORM: City Attorney THE STATE OF TEXAS § THE COUNTY OF TRAVIS § AMENDMENT TO MUNICIPAL MAINTENANCE AGREEMENT FOR THE FURNISHING, INSTALLING, OPERATION AND MAINTENANCE OF CAMERAS ON STATE HIGHWAY RIGHTS -OF -WAY TO MONITOR COMPLIANCE WITH TRAFFIC -CONTROL SIGNALS THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State", and the City of Southlake, 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 Southlake pursuant to Transportation Code, Section 201 A 03; and WHEREAS, the State and the City executed a Municipal Maintenance Agreement on 2/19/2008 and WHEREAS, the City has requested permission to install cameras on state highway rights -of - way to monitor compliance with traffic -control signals, hereinafter referred to as "camera monitoring equipment", at the locations listed on Exhibit A attached hereto and made a part of hereof; and WHEREAS, the State has determined that when the City's installation of camera monitoring equipment will not damage the highway facility, impair safety, impede maintenance, or in any way restrict the operation of the highway, the proposed camera monitoring equipment may be installed by the City or its contractor; 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: AMENDMENT ARTICLE 'I. CONTRACT PERIOD This amendment becomes effective on final execution by the State and shall remain in effect as long as said camera monitoring equipment is in operation at the described locations. ARTICLE 2. TERMINATION This amendment 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 as consequence of failure by the City or its contractor to satisfactorily perform the services and obligations set forth in this amendment, with proper allowances being made for circumstances beyond the control of the City or its contractor. The State's written notice to the City shall describe the default and the proposed termination date. If the City cures the default before the proposed termination date, the proposed termination is ineffective; or 3) By either party upon thirty (30) days written notice to the other. MMA Amendment Page 1 of 4 August 24, 2006 Termination of this amendment shall not serve to terminate the underlying Municipal Maintenance Agreement between the State and the City. ARTICLE 3. COMPENSATION No compensation shall be paid for this amendment. ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL A. The City will use labor and supervisory personnel employed directly by the City or its contractor, and use City owned or 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. C. Any adjustment, replacement, or reinstallation of the camera monitoring equipment due to reconstruction or alteration of the intersection shall be performed by the City at the City's expense, The State will work with the City to provide adequate notice of any planned work to allow for the necessary modification or removal., D. All installation or maintenance work performed by the City or its contractor requiring traffic control shall be performed in accordance with the Texas Manual on Uniform Traffic Control Devices. ARTICLE 5. INSPECTION OF WORK A. The City or its contractor will furnish the State a complete set of design drawings and installation plans for review The installation plans shall include all electrical, electronics, signing, civil and mechanical work pertaining to the camera monitoring equipment. B. The State reserves the right to inspect and request modification of any camera monitoring equipment under this agreement both prior to and after installation. No installation may occur until the State has approved the proposed installation. C. The State reserves the right to inspect and approve the completed installation. D. 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, The State shall not be held responsible for the operation (or non -operation) of the camera monitoring equipment or for any effect it may have.. The City is responsible for any damage that may occur to state equipment during the installation, maintenance or operation of the camera monitoring equipment. The City is responsible for maintaining the camera monitoring equipment and related signing in good working order and keeping such equipment free from graffiti.. ARTICLE 7. DE -ACTIVATION OF CAMERA MONITORING EQUIPMENT The State reserves the right to disconnect and remove camera monitoring equipment from the traffic signals should any problem arise affecting the State. The State will notify the appropriate City office of the de -activation of the camera monitoring equipment. Upon correction of the problem, the City may reconnect the camera monitoring equipment.. MMA Amendment Page 2 of 4 August 24, 2006 ARTICLES. INSTALLATION REQUIREMENTS The City or its contractor shall furnish and install all equipment related to the camera monitoring equipment installation. This includes, but is not limited to, camera equipment, camera housing and supporting structure, intersection lighting, vehicle detection system, communications equipment, electrical service and connections, roadway signing, and any interconnection with the signal. The City or its contractor will be responsible for all power costs associated with the operation of the camera monitoring equipment. Electrical connections made to the State's signal equipment shall be optically or otherwise isolated as approved by the State and shall not affect the operation of any component of the traffic signal system including both the signal controller and the conflict monitor/malfunction management unit.. ARTICLE S. REPORTS Upon written request, the city will be required to supply the State with data related to the operation of the camera monitoring equipment. ARTICLE 10. REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the amendment, and any increased cost arising from the City default, breach of contract, or violation of terms shall be paid for by the City. This amendment 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. ARTICLE 11. INSURANCE Before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1 560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately. ARTICLE 12. SUCCESSORS AND ASSIGNS The City shall not assign or otherwise transfer its rights or obligations under this amendment except with the prior written consent of the State. ARTICLE 13. 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 amendment shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. MMA Amendment Page 3 of 4 August 24, 2006 ARTICLE 14. NOTICES All notices to either party by the other required under this amendment shall be delivered personally or sent by certified or U.S, mail, postage prepaid, addressed to such party at the tollowing respective aaaresses: City: Director of Public Works City of Southlake 1400 Main Street, Suite 320 Southlake, Texas 76092 State: Texas Department of Transportation Attn: Director of Maintenance Fort Worth. TX 76115-0868 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 15. GOVERNING LAWS AND VENUE This amendment 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 16. PRIOR AGREEMENTS SUPERSEDED This amendment 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 17. REVISIONS TO EXHIBIT A Revision to the locations listed in Exhibit A may be made if submitted in writing by the City and initialed by both parties. IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of this agreement. THE CITY OF Southlake Executed on behalf of the City by: Date Typed or Printed Name and Title 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 District Engineer MMA Amendment Page 4 of 4 August 24, 2006