HomeMy WebLinkAboutResolution 2006-104
RESOLUTION NO. 2006-104
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, THAT:
1.
That Larry J. Cunningham, City Manager, be, and is hereby authorized to
execute the attached Amendment to Municipal Maintenance Agreement for the
Furnishing, Installation, Operation and Maintenance of Cameras on State Highway
Rights-ot-way as an act and deed ot the City.
PASSED AND APPROVED this the 11 th day ot December, 2006.
CITY
APPROVED AS TO CONTENT:
-J!/1/~ (i
Mi e èurtis, :'E., Public Works Director
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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
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
pursuant to Transportation Code, Section 201.103; and
WHEREAS, the State and the City executed a Municipal Maintenance Agreement on
; 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
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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.
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 refated 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
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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 anyone 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.
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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
respective addresses;
City:
State:
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
Executed on behalf of the City by:
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.
By
District Engineer
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Date
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EXHIBIT "A"
LOCATIONS FOR POTENTIAL CAMERA MONITORING EQUIPMENT
State Hiqhwav 26
Boulevard 26
· Rufe Snow Drive
· Vance Road
· Glenview Drive
· Road to the Mall
· Rodger Line Drive
· Northeast Loop 820
· FM 1938/Bedford Euless Road
· Strummer Drive
· Harwood Road
· Tarrant County College Access
· Walker Boulevard/Cannon Drive
FM 1938
Davis Boulevard
· Maplewood Drive
· Harwood Road/Lola Drive
· Emerald Hills Way
· College Circle
· Bridge Street
· Mid-Cities Boulevard
· Main Street
· Starnes Road/Rumfield Road
· Shadywood Lane
· Bursey Road (future traffic signal installation)
· North Tarrant Parkway
· Super Target Access
· FM 3029 (Precinct Line Road)
FM 3029
Precinct Line Road
· Mid-Cities Boulevard
· Martin Road
· Glade Road
· Amundson Road (future traffic signal installation)
· Rumfield Road (future traffic signal installation)
· North Tarrant Parkway
Northeast Loop 820
· Holiday Lane
· Rufe Snow Drive
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