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Home My WebLink AboutResolution - 2007-R0125 - Amendment To Agreement - TXDOT - Cameras On State Highway Right Of Ways - 03/22/2007RESOLUTION Resolution No.2007-R0125 March 22,2007 Item No.6.11 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayorof the City of Lubbock to executean Amendment to the Municipal Maintenance Agreement by and betweenthe Cityof Lubbock and theTexas Department of Transportation forthe furnishing,operation and maintenance of cameras onstate highway rights-of-way within the Cityof Lubbock to monitorcompliancewith trafficcontrol signals,which Amendment and any associated documents are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 22nd day of March , 2007. ATTEST: Rebecca Garza,City Secretary APPROVED AS TO CONIE3ST James Loom is, istant City Manager/Transportation and Public Works APPROVED AS TO-FORM: 'rfe^A "7 i Vandiver,Attorney of Counsel XDon DDres/TXDOTMunMainCon07AmcndRcs March 5.2007 DAVID A.MILLER,MAYOR Resolution No. 2007-RO125 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 Lubbock, hereinafter called the "City", acting by and through its duly authorized officers. W ITNESSETH WHEREAS, the State owns and maintains a system of highways and roadways in the City of Lubbock pursuant to Transportation Code, Section 201.103; and WHEREAS, the State and the City executed a Municipal Maintenance Agreement on February 22, 2007; 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 1. 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 MMA Amendment Page 1 of 5 March 22, 2007 3) By either party upon thirty (30) days written notice to the other. 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. ARTICLES. 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 MMA Amendment Page 2 of 5 March 22, 2007 City office of the de -activation of the camera monitoring equipment. Upon correction of the problem, the City may reconnect the camera monitoring equipment. ARTICLE 8. 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 9. 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 1560 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 5 March 22, 2007 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 following addresses: City: State: Larry Hertel, P.E., City Engineer Ted Moore, P.E. District Maintenance City of Lubbock Engineer P.O. Box 2000 Texas Department of Transportation Lubbock, Texas 79457 135 Slaton Road (806)775-2329 Lubbock, Texas 79404 FAX (806)775-3074 (806)748-4432 FAX (806)748-4382 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. MMA Amendment Page 4 of 5 March 22, 2007 IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of this agreement. THE CITY OF LUBBOCK Executed on behalf of the City by: Date March 22, 2007 DAVID A. MILLER, MAYOR ATTEST: _ Reb6cca Garza, City Secreta AP OVED AS -TO CONTENT: tilt Ja s Loomis, )ksm"istant City Manager/Transportation and Public Works APPROVED A • R '.- I , w -'#' /`'M 94 MIT IM THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the pftmh d effect of activating and/or carrying out the orders, established policies or work progofore a proved and authorized by the Texas Transportation Commission. By ate_�ij O District E Qi eer MMA Amendment Page 5 of 5 March 22, 2007 Resolution No. 2007—RO125 City of Lubbock Traffic Engineering Dept. Red Light Photo -Enforcement Texas Department of Transportation `On -System' Signal Locations Signal Number Location Traffic Volumes (Current Totals) 1246 Broadway and Avenue Q (US 84) 33,365 2229 Avenue A South Dr. (US 87) / Slaton Hwy (US 84) and Interstate-27 (Northbound) 16,897 223o Avenue Q South Drive (US 84) and Interstate 27 (Southbound) 32,619 1200 19th Street (US 62/SH 114) and Indiana Avenue 88,018 2305 66th Street and Interstate 27 (Southbound) 18,761 66th Street and Interstate 27 (Northbound) 11,596 1206 19th Street (US 62 / SH 114) and University Avenue 77,435 1322 Parkway Drive (US 82) and Zenith Avenue 25,503 4311 4th Street (FM 2255) and Frankford Avenue (FM 2528) 50,840 3318 79th Street and Slide Road (FM 1730) 41,860 4214 19th Street (SH 114) and Milwaukee Avenue 36,018 March 8, 2007 Page 1 of 2 Resolution No. 2007-RO125 EX R,,1 Seem CITY OF LUBBOCK �i - - - - - - FM 2611 REDI LgIGHTA Keol Src I PHOTO -ENFORCEMENT a PROPOSED CAMERA LOCATIONS I Tx00T'OnS stem' Si nal Locations Y 9 , _ - , -.. WVI�ne9 Loop 289 w a s... ma101 too ��e E164ne SI -Ro o --. A ErsMme 51 v_ 2 0 p � Cq ST 5 FM �5 FM JO I I � Brp.MrvAy j 19N St V SH 11< I ry i m S I n um SI u solo 5l 65' _i Fc'� m E S FM fM836 Cx ffimSl. Lope 289 :0 . T $ _I 'f} a Sabl O 9Me Su i a 1 TiM fill • _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ v TNGT Pam9 RapuveY Inigpdgn i $$¢ i u 138NSC j 1 ? n TxDOT OxnW lmerseclion FM1565_.._..__________ I 1 ¢g4` March 8, 2007 Page 2 of 2 P 0 1,75 EXHIBIT `A' City of Lubbock Traffic Engineering Dept. Red Light Photo -Enforcement Texas Department of Transportation 'On -System' Signal Locations Signal Number Location Traffic Volumes (Current Totals) 2229 Interstate 27 (Sorthbound) and Avenue Q South Drive (US 84) 32,481 23o5 Interstate 27 (Southbound) and 66th Street 18,761 1200 19th Street (US 62/SH 114) and Indiana Avenue (westbound) 88,018 1206 19th Street (US 62 / SH 114) and University Avenue (westbound) 71,609 2214 50th Street and Interstate 27 (eastbound) 42,186 1113 34th Street and Interstate 27 (eastbound) 68,227 2310 South Loop 289 and Indiana Avenue (Northbound) 95,650 33o5 South Loop 289 and Quaker Avenue (westbound) 144,158 32o2 50th Street and Quaker Avenue (Eastbound) 77,439 4211 19th Street (SH 114) and Frankford Avenue (westbound) 43,921 2211 50th Street and Avenue Q (US 84) (Eastbound) 66,013 2214 50th Street and Interstate 27 (westbound) 41,846 Effective June 1, 2007