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HomeMy WebLinkAbout08000ORDINANCE NO. 8000 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR INSTALLATION OF AUTOMATED ENFORCEMENT EQUIPMENT. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding, between Pueblo, a Municipal Corporation, and the Colorado Department of Transportation, relating to the installation of automated enforcement equipment on State Highways within the City limits, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute and deliver the Contract in the name of the City, and the City Clerk is directed to attest same and affix the Seal of the City thereto. INTRODUCED: April 13, 2009 BY: Randy Thurston COUNCILPERSON APPR D' 40, �- PkEglDENTof City Counrit A77TSTED DY: CITY CLEIRK PASSED AND APPROVED April 27, 2009 4 Background Paper for Proposed ORDINANCE AGENDA ITEM # 30 DATE: April 13, 2009 DEPARTMENT: POLICE DEPARTMENT CHIEF OF POLICE — JAMES BILLINGS PUBLIC WORKS INTERIM DIRECTOR — MICKEY BEYER, P.E. TITLE AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR INSTALLATION OF AUTOMATED ENFORCEMENT EQUIPMENT. ISSUE Should the City enter into an Agreement with the Colorado Department of Transportation that allows the City to install automated enforcement equipment at traffic signals on State Highways within the City limits. The enforcement equipment is designed to detect vehicles disregarding red light traffic control signal devices. RECOMMENDATION Staff of the Departments listed above recommend approval of the Ordinance BACKGROUND This Agreement authorizes the City, at its sole cost and expense and subject to contractual requirements, to install, operate and maintain an automated traffic signal enforcement system upon state highways located within the City, to be used to enforce City traffic ordinances concerning vehicles which disregard red light traffic control signals at signalized intersections. Penalty assessment notices will then be issued pursuant to requirements of both state law and City ordinances. The Agreement allows the installations at the intersections of US HYW 50 By -Pass & Norwood Avenue and Thatcher Avenue (SH96) & Prairie Avenue. Construction will begin after approval by both parties, expected in early May. Following completion of construction, the system will go "live" beginning with a one -month warning period to motorists. FINANCIAL IMPACT No direct financial impact is anticipated with the approval of the Agreement. COLORADO DEPARTMENT OF TRANSPORTATION CITY OF PUEBLO, COLORADO INSTALLATION OF AUTOMATED ENFORCEMENT EQUIPMENT MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ( "Agreement ") is entered into by the Colorado Department of Transportation ( "CDOT ") and Pueblo, a Municipal Corporation (the "City "). WITNESSETH: WHEREAS, CDOT owns U.S. Highway 50 By Pass and State Highway 96 (the "State Highways ") within the City of Pueblo, Colorado; and WHEREAS, the City has adopted an ordinance authorizing the City's police department to issue civil penalty assessments to owners of motor vehicles that have been driven in noncompliance with right of way laws at traffic signals (also known as motorists who "run red lights "); and WHEREAS, the City has requested permission from CDOT to install an automated traffic signal enforcement system at those intersections along the State Highways in the City of Pueblo as indicated on Exhibit 1, attached hereto and incorporated herein by this reference; and WHEREAS, CDOT is willing to accommodate the City's request pursuant to the terms and conditions of this Agreement. WHEREAS, this Agreement is executed under the authority of C.R.S. §§ 29- 1 -203, 43 -1 -106 and 43 -2 -144. NOW, THEREFORE, in consideration of the mutual promises, covenants, and representations contained in this Agreement, the parties agree as follows: (1) PURPOSE The purpose of this Agreement is to grant the City, at its sole cost and expense, permission to install and maintain an automated traffic signal enforcement system to be used to enforce City ordinances related to the issuance of penalty assessments for traffic violations when vehicles fail to comply with traffic control signals at a signalized intersection. (2) LOCATION AND SYSTEM OVERVIEW The City shall install an automated traffic signal enforcement system at the signalized intersections listed on Exhibit 1. All materials to be maintained by CDOT or in contact with CDOT equipment under this Agreement shall meet Colorado Department of Transportation standards. This system consists of four major components: (A) Detection System — Sensor based detection system installed prior to the stop bar that provides information that a violation is occurring. (B) Microprocessor — This unit processes the signal from the detection system and communicates with the camera to inform it when to record the violations. (C) Camera - Frontal and rear image capture devises used to record the violation and information necessary to issue a penalty assessment notice. (D) Flash Units — frontal and rear lighting unites used to illuminate the image being captured by the camera system (3) SYSTEM INSTALLATION (A) The installation of the automated traffic signal enforcement system will be performed by an electrical contractor approved by CDOT. All costs for materials, installation and modification to the existing traffic controller will be borne by the City. The City shall prepare plans for the construction of the automated traffic signal enforcement system for review and approval by CDOT. Approval of the plans is within the sole discretion of CDOT. (B) The City shall install the equipment in a box external to CDOT's traffic signal controller cabinet. This external cabinet must be waterproof and all wiring from this box to the traffic controller must be contained in existing or new conduit. The City may use the existing signal control cabinet to obtain phase information provide a fused relay - isolated interface between the automated enforcement system and the existing signal controller at the City's expense. All necessary components, including cables and connectors, shall be provided and installed by the City. Any required upgrades or replacements of the existing signal control equipment to accommodate the automated traffic signal enforcement equipment, as reasonably determined by CDOT and agreed to by the City, shall be provided and installed by the City. (4) SYSTEM OPERATION The City will operate and maintain the automated traffic signal enforcement system. The parties recognize that it is the intention of the City to engage a vendor to operate, install and maintain the automated traffic signal enforcement system, however, the City agrees to comply with C.R.S. § 42 -4- 110.5(5). If all of the automated traffic signal enforcement equipment installed at an intersection is designed to draw less than 5 AMPs of power at 110 volts under normal conditions, CDOT will allow the City or its agent/operator to tap into the existing traffic power grid and utilize the power from the traffic power grid so long as such equipment is properly protected and fused. For automated traffic signal enforcement equipment that may draw a total of more than 5 AMPS of power at 110 volts under normal conditions at any one time, the City shall furnish, at its cost, electrical current to operate the automated traffic signal enforcement system. 7 (5) SYSTEM MAINTENANCE The City shall maintain all of the detectors, cabling, cameras and microprocessor in order to ensure the automated traffic signal enforcement system remains in proper working order. The parties recognize that it is the City's intention to engage a vendor to maintain the automated traffic signal enforcement system. The City shall be responsible for the cable(s) to the traffic signal cabinet, the pullbox(es) and conduit(s) which only house cables related to the automated traffic signal enforcement system, and any utility locate request information at the intersection(s) concerning the City's pullbox(es) and conduit(s). If the City fails to maintain the system adequately, CDOT upon written notice to the City, in its sole discretion, has the right to disable the system or remove all equipment from its location on CDOT's right of way. (6) MALFUNCTION OF EQUIPMENT If the automated traffic signal enforcement system malfunctions or if CDOT determines that the system should be removed or disabled as a result of operational issues and the City cannot be contacted or cannot arrive at the intersection in a reasonable time in the judgment of CDOT's Regional Transportation Director, then CDOT's Regional Transportation Director may exercise the option to direct CDOT personnel or a third party to correct the malfunction or to remove or disable the equipment. The entire cost of any such work performed by CDOT personnel or third parties will be computed as described in Section 108.9 in the Colorado Standard Specifications for Road and Bridge Construction and shall not exceed service contract charges as paid for by the City. (7) INDEMNIFICATION Without waiving any immunities on which the City is entitled to rely, including but not limited to the provisions and limitations of the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101, et seq., as between the parties, the City shall be responsible for injury or damages as a result of any services and /or goods rendered by or through the City that is directly related to the implementation and operation of the automated detection system under the terms and conditions of this Agreement. In addition to the liability imposed upon the City on the account of personal injury, bodily injury, including death, or property damage, suffered as a result of the City's performance under this Agreement, the City, to the extent permitted by law, assumes the obligation to save harmless CDOT, including its agents, employees and assigns, and to indemnify CDOT, including its agents, employees and assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission, including legal fees. If CDOT should expend any funds, except as otherwise provided herein, in connection with the construction of the herein contemplated automated enforcement system and improvements, the City shall reimburse CDOT for same. Nothing in this Agreement shall be construed to hold the City responsible for any action of CDOT or its employees. The City shall also include language in its contract with any and all contractor(s) and vendor(s) involved in implementation, operation, and maintenance of the automated traffic signal enforcement system to require that the contractor(s) and vendor(s) shall, to the extent authorized by law, indemnify, save, and hold harmless CDOT, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a k? result of any act or omission by the contractor(s) and /or vendor(s), or its employees, agents, subcontractors, or assignees, pursuant to the terms of this Agreement. (8) INSURANCE For any work the City performs in relation to the implementation, operation, and maintenance of the automated traffic signal enforcement system, the City must procure certificates of insurance and shall deliver copies of the same directly to CDOT. The City must also procure or obtain certificates of insurance from any and all of its contractor(s) and /or vendor(s) who are involved in the implementation, operation, and maintenance of the automated traffic signal enforcement system and deliver same to CDOT. (A) The types and limits of insurance shall be at a minimum as follows: 1) Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the City's employees acting within the course and scope of their employment. 2) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: a. $1,000,000 each occurrence; b. $2,000,000 general aggregate; C. $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the City shall immediately obtain additional insurance to restore the full aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT showing compliance with this provision. 3) Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit. 4) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy shall become primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary. The following form Excess Liability shall include CDOT as an additional insured. 0 (B) CDOT shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies. Coverage required of the contract will be primary over any insurance or self- insurance program carried by the State of Colorado. (C) The insurance shall include provisions preventing cancellation or non - renewal without at least 30 days prior notice to CDOT by certified mail. (D) The City will require all insurance policies in any way related to the contract and secured and maintained by the City to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions, organizations, officers, agents, employees and volunteers. (E) All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to CDOT. (F) The City shall provide certificates showing insurance coverage required by this contract to CDOT prior to execution of the contract. No later than 15 days prior to the expiration date of any such coverage, the City shall deliver CDOT certificates of insurance evidencing renewals thereof. At any time during the term of this contract, CDOT may request in writing, and the City shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of compliance with the provisions of this section. (G) Notwithstanding subsection (A) of this section, if the City is a "public entity" within the meaning of the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101, etseq., as amended (the "Act "), the City shall at all times during the term of this contract maintain only such liability insurance, by commercial policy or self- insurance, as is necessary to meet its liabilities under the Act. Upon request by CDOT, the City shall show proof of such insurance satisfactory to CDOT. Public entity contractors are not required to name CDOT as an Additional Insured. (H) When the City requires a contractor, subcontractor or vendor to obtain insurance coverage, the types and minimum limits of this coverage may be different than those required, as stated above, for the City, except for the Commercial General Liability Additional Insured endorsement and those that qualify as needing Professional Liability Insurance. (9) PERMITS Before beginning installation work, the City shall secure from CDOT's Regional Transportation Director a permit for the proposed improvement. CDOT will review the plans and if CDOT determines that the plans meet specifications, CDOT will issue a permit. In the event CDOT does not approve the plans, the City shall revise the plans until the plans are acceptable to CDOT. Approval of the plans is within the sole discretion of CDOT. (10) CONSTRUCTION OF IMPROVEMENTS All construction of the proposed improvements shall be according to the latest editions of CDOT's Standard Specifications for Road and Bridge Construction, and the Manual on Uniform Traffic Control Devices and the Colorado Supplement thereto. (11) AMENDMENTS Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of the City and CDOT. (12) ASSIGNMENT The City shall not assign, transfer or delegate any interest in this Agreement without prior written consent of CDOT. However, the parties recognize that the City intends to engage a vendor to install, operate and maintain the automated traffic signal enforcement system. The engagement of any vendor by the City shall not relieve the City of its obligations under this Agreement. (13) TERMINATION CDOT may terminate this Agreement at any time, including at the convenience of CDOT, by providing the City with written notice of termination. Should CDOT exercise its right to cancel the contract for such reasons, termination will become effective upon the date specified in the notice of termination sent to the City. The City shall remove the automated traffic signal enforcement system and equipment in accordance with the termination notice and removal shall be at the City's sole cost and expense. In addition, if CDOT, in its sole discretion, determines that the removal of the automated traffic signal enforcement system and equipment from CDOT's right of way is in the best interests of the state highway system and the City has not acted within the timeframe outlined in the termination letter, which will not be less than 30 days, CDOT may remove the automated traffic signal enforcement system and equipment at the City's reasonable cost. The City may terminate this Agreement at any time, including at the convenience of the City, by providing CDOT with written notice of termination. Should the City exercise its right to cancel the contract for such reasons, termination will become effective upon the date specified in the notice of termination sent to CDOT. The City shall remove the automated traffic signal enforcement system within 60 days of the effective termination date and removal shall be at the City's sole cost and expense. (14) LAW OF COLORADO TO GOVERN This Agreement shall be construed according to the laws of the state of Colorado. The City shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement, including, but not limited to, C.R.S. § 42 -4 -110.5 as well as any other applicable advance notification /signing, due process, right to privacy, and service of process laws. (15) VENUE It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in District Court for the County of Pueblo. y (16) SECTION HEADINGS All section headings contained in this Agreement are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. (17) NOT A JOINT VENTURE OR COLLABORATION Nothing contained in this Agreement shall be deemed to constitute CDOT and the City as partners in a partnership, collaboration, or joint venture for any purpose whatsoever. The City is solely responsible for the automated traffic signal enforcement system and the traffic citations sent to alleged offenders. (18) SOLE BENEFICIARY This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than CDOT and the City. (19) CDOT REPRESENTATIVE CDOT's Regional Transportation Director is designated as CDOT's representative for the purpose of administering the provisions of this Agreement. CDOT's representative may designate by written notice other persons having the authority to act on behalf of CDOT in furtherance of the performance of this Agreement. (20) SEVERABILITY If any clause or provision of this Agreement is found to be void or unenforceable by a court or agency of proper jurisdiction, then the remaining provisions not void or unenforceable shall remain in full force and effect. (21) NON - LIABILITY OF CDOT PERSONNEL No officer, official, employee, assign, or agent of CDOT shall be personally responsible for any liability arising under or growing out of this Agreement. (22) NO ADVERSE INFERENCE This Agreement shall not be construed more strongly against one party or the other. The parties to this Agreement had equal access to, input with respect to, and influence over the provisions of this Agreement. Accordingly, no rule of construction which requires that any allegedly ambiguous provision be interpreted more strongly against one party than the other shall be used in interpreting this Agreement. It is agreed that more than one copy of this document may be executed and that the original filed with the Secretary to the Colorado Transportation Commission shall be deemed to be the controlling original. (23) ENTIRE AGREEMENT This Agreement represents the entire understanding between the parties regarding this subject and supersedes all prior written or oral communications between the parties regarding this subject. (24) AUTHORITY TO EXECUTE The signers of this Agreement warrant that they are acting officially and properly on behalf of their respective institutions and have been duly authorized, directed and empowered to execute this Agreement. (25) DURATION OF AGREEMENT This Agreement shall be for a period of continuing duration or for the period of time CDOT owns the traffic signals located along State Routes where red light cameras are installed. CDOT shall not be INA obligated to maintain ownership of said traffic signal solely for the benefit of the City. (26) NO INTEREST By constructing, operating, and maintaining the automated traffic signal enforcement system on CDOT right of way, the City gains no property interest in the traffic signals on CDOT right of way whatsoever. CDOT shall not be obligated to keep the traffic signals in place if CDOT, in its sole discretion, determines removal or modification of the traffic signals is in the best interests of the state highway system or CDOT. (27) GOVERNMENTAL IMMUNITY: Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24 -10 -101, et seq., C.R.S., as now or hereafter amended. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the last day written below. Executed by the City this s day of J e_ , 2009. Executed by CDOT this day of J cJ ✓1 , 2009. COLORADO DEPARTMENT OF TRANSPORTATION By A. #A. � i PUEBLO, A MUNICIPAL CORPORATION Vera Ortegon, President City Council ATTEST: gy�S�tnt,�Syw ---� Title: ATTEST: X GintDutcher, City Clerk APPROVED AS TO FORM: Thomas E. Ja er; ity Attorney Exhibit 1 List of Intersections 1. US Highway 50 Bypass and Norwood Avenue 2. State Highway 96 (Thatcher Avenue) and Prairie Avenue p7