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CM-11-11-233ROUND ROCK, TEXAS PURPOSE PRISMMIOSPBITY CM --I I -I1 -Z33 RECEIVED NOV 16 7011 City Manager Approval Form Consider executing an 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 with the Texas item Caption: Department of Transportation. Approval Date: November 18, 2011 Department Name: Transportation Department Project Manager. David Bartels Assigned Attorney: Steve Sheets Item Summary: Execution of this Munidpal Maintenance Agreement grants the City permission to install cameras on state highway rights-of-way to monitor compliance with traffic -control signals. The intersections/approaches are located at: Business IH 35/Mays Street at U.S. Highway 79/Palm Vafiey Boulevard — southbound approach U.S. Highway 79/Palm Valley Boulevard — westbound approach IH 35 Northbound Frontage Road at RM 620/Round Rock Avenue — northbound approach IH 35 Southbound Frontage Road at RM 620/Round Rock Avenue —southbound approach RM 620/Round Rods Avenue at Deep Wood Drive — westbound approach US Highway 79/Palm Valley Boulevard at Sunrise Road —southbound approach A.W. Grimes Boulevard —eastbound approach A.W. Grimes Boulevard —westbound approach Strategic Plan Top Priority - Provide a safe environment for residents and visitors through continued crime control and prevention, fire safety, new technology and remain prepared for natural and man-made disasters. No. of Originals Submitted: 2 Project Name: Red Light Photo Enforcement Program Cost: Not Applicable Source of Funds: Select Source Fund Source of Funds (if applicable): Select Source Fund Account Number: Finance Director Approval: Cheryl Delaney Date: 11/16/11 Department Director Approval: Gary Hudder Date: 11/14/11 **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item.** CIP ❑ N/A OK Budget n ❑ Purchasing N/A OK CI ❑ N/A OK N/A OK Accounting ❑ Ei ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 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 Round Rock, 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 Round Rock pursuant to Transportation Code, Section 201.103; and WHEREAS, the State and the City executed a Municipal Maintenance Agreement on August 9, 1969; 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 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. MMA Amendment Page 1 of 4 (M -Ll -11-2- 33 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 PLANS AND 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. The City or its contractor shall not proceed with installation of the camera system until written notice has been received from the State that the plans have been reviewed and approved. 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 or property, including the pavement surface or substructure 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. 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 MMA Amendment Page 2 of 4 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. 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: City of Round Rock Transportation Department 2008 Enterprise Drive Round Rock, Texas 78664 State: Texas Department of Transportation Austin District Maintenance Operations 7901 North IH 35 Austin, Texas 78753 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. MMA Amendment Page 3 of 4 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 ROUND ROCK Executed on be ' the City b • jDate /1 Oc,gy 5 W M YWOOd Ciro/ kuutfuer 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 approvedand authorized by the Texas Transportation Commission. 7:02 By F, Date JT//q Carlos A. Lopez, P. ., i ngineer MMA Amendment Page 4 of 4 EXHIBIT A LIST A: In accordance with Article 17, the following signalized intersections are being added to the Municipal Maintenance Agreement Amendment between the City and the State for the installation and maintenance of traffic monitoring cameras: Business IH 35/Mays Street at U.S. Highway 79/Palm Valley Boulevard — southbound approach U.S. Highway 79/Palm Valley Boulevard — westbound approach IH 35 Northbound Frontage Road at RM 620/Round Rock Avenue — northbound approach IH 35 Southbound Frontage Road at RM 620/Round Rock Avenue — southbound approach RM 620/Round Rock Avenue at Deep Wood Drive — westbound approach US Highway 79/Palm Valley Boulevard at Sunrise Road — southbound approach A.W. Grimes Boulevard — eastbound approach A.W. Grimes Boulevard — westbound approach s� DE o 5 2011 ,Texas Department of Transport ion P.O. DRAWER 15426 • AUSTIN, TEXAS 78761-5426 • (512) 832-7000 December 1, 2011 City of Round Rock Administration Department 221 E. Main Street Round Rock, TX 78664 ATTN: Steve Norwood, City Manager Dear Mr. Norwood: Please find enclosed the City's copy of the fully executed Municipal Maintenance Agreement (MMA) Amendment for the installation and maintenance of a traffic signal monitoring system at five separate intersections on the State's highway system. It should be noted that in accordance with Article 5 of this agreement, while this MMA Amendment Agreement is fully executed, actual work within the State's right of way on the proposed camera system should not be in unti ter - notice ha Theen received (via letter of e-mail) from the Aus In District approving the plans. In the future, should the City wish to include additional intersections to this signal monitoring system we will only need to amend Exhibit A of this agreement. Please do not hesitate to contact me if you have any questions. You can reach me by phone at 512-832-7019, or by e-mail at wayne.rehnborg@txdot.gov. Wayne L. Rehnborg, P.E. Attachment cc: Imelda L. Barrett, P.E., Director of Transportation Operations, TxDOT John R. Wagner, P.E., North Austin and Georgetown Area Engineer, TxDOT THE TEXAS PLAN REDUCE CONGESTION • ENHANCE SAFETY • EXPAND ECONOMIC OPPORTUNITY • IMPROVE AIR QUALITY PRESERVE THE VALUE OF TRANSPORTATION ASSETS An Equal Opportunity Employer