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HomeMy WebLinkAboutRES 19-074RESOLUTION NO. 19-074 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute a Multiple Use Agreement between the City of Beaumont Police Department and the Texas Department of Transportation (TxDOT) for the use of state highway right- of-way to allow the construction, maintenance and operation of a public trailer mounted license plate reader to be located at IH-10 at US 69 Interchange and 11th Street Exit westbound and eastbound. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of March, 2019. ► L 0 - Ma Becky Ames - 1 r' - 7�a t ' oJito�'ropwisdmt potm 2044 (86% 10118) Page 4,or 18 STATE OF TEXAS § COUNTY OF TRAVIS � MULTIPLE USE AGREEMENT r THIS AGREEMENT made by the State of Texas by and between the Texas Department of Transportation, hereinafter referred to as "State", party of the first part, and City of Beaumont Police Department , hereinafter called city party of the second part, Is to become effective when fully executed by both patties. WHEREAS, on the day day of month of the year .2019 , the governing body for the city , entered Into Resotution/Ordlnance No, Ordinance hereinafter Identified by reference, authorizing the City 's participation in this agreement with the State; and . WHEREAS, the city has requested the State to permit the construction, maintenance and operation of a pubil-c Trailer Mounted License Plate Header on the•hlghway right of way, (ROADWAY 11-1-10 WB and E9 CONTROL SECTION NO. 0028-13 )• (General description of area inalud)ng either the control number or GPS coordinates.) @US 69 Interchange and @11 th St. Exit with [BPS $0"0'45,0&'N; 9476D.00"W and 30115143.00"N; 940 810.00"W shown graphically by the preliminary conceptual site plan in Exhibit "A" and being more specifically described by metes and bounds of Exhibit "W, which are attached and made a part hereof; and WHEREAS, the State has Indicated its willingness to approve the establishment of such facilities and other uses conditioned that the city will enter Into agreements with the State for the purpose of determining the respective responsibilities of the city and the State with , reference thereto, and Gonditloned that such uses are in the public Interest and will not damage the highway facllities, Impair safety, impede maintenance or In any way restrict the operation of the highway faciliy, all es determined from engineering and traffic investigations conducted by the State, p. + VOM 2044 RUM 10118) Page z of 10 I NOW, THEREFORE, In consideration of the promises 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; I. DESiGNt AND CONSTRUCTION city will prepare or provide for the construction plans' for the facility, end will provide for the construction work as required by sold plans at no cost to the State. Said plane shall Include the design of the access control, necessary horizontal and vertical clearances for highway structures, adequate landscape treatment, adequate detail to ensure compilance with applicable structural design standards, sufficient traffic control provisions, and general layout. They shall also delineate and define ` the construction responsibilities of both parties hereto. Completed plans will be submitted to State for review and approval and when approved shall be attached to the agreement and made a part thereof In.all respects. Construction shall not commence until plans have been approved by the State. Any future revisions or additions shall be made after prior written approval of the State, Any sidewalks, curb ramps and other pedestrian elements to be constructed, either on site or off site, by the City shall be in accordance with The requirements of Tltl a II of the Americans With Disabilities Act (ADA) and with the Texas Accessibility Standards (`CAS), Elements constructed by the Gil}r and found not to comply with ADA'or TAS shall be corrected at the entire expense of the CEty Z. INSPECTION Ingress and egress small be allowed at all times to such facility for Federal Highway Administration personnel and State Forces and equipment when highway maintenance operations are necessary, and for Inspection purposes; and upon request, all parking or other activities for periods required for such operations will be prohibited. 3. PARKING REGULATIONS Parking regulations shall be established limiting parking to single unit motor vehicles of size and capacity no greater than prescribed for 1112 ton trucks, such vehicles to conform 1n size and use to governing laws. Parking shall be permitted Only In marked spaces. Parking shall be prohibited when a security threat, as determined by TxDQT, exists. ' POMIMM4 (Rev. lolls) PdOo3 or io +4. PROWiSMOMMIGNS Regulations shall be established prohibiting the parker of vshi+Is transporting fl unmetbte or explosive toads and prohibiting use of the area In any manner' Par paddling, advertising or other purposes not In keeping with the objective of a public facility. The erection of signs other than those required for proper use of the area will be prohlbhed. All signs shall be approved by the State prior to the actual erectlon. 5. RESPONS1131UTIES Timely maintenance, repair end operation of the facility shall be entkely tine r(esF onsfbllity of the City . Such responsibility shall not be transferred, assigned or conveyed to a third party without tho advanced written approval of the State. These responsibifities expressly Include the timely maintenance and repair of any potion of the facility necessary to comply with the Americans with Disabilities Act. Further, such responsibility shall Include picking up trash, mowing and otherwise heaping they facillky in a clean and sardtary conditlon, and surveillance by pope patrol to eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade One of the highway, nor shall the facility subject the highway to hazardous or unreasonably objectionable dripping, droppings or discharge of any kind, including rain or snow. � r If the State determines that city has failed to comply with these responsibilities, It will perforni the necessary work and charge City the ai;tual cost of the work. 6. FEES Any fees levied for IIIBeof the fact itles in the area shall be nominal and no more then are sufficient to defray the cost of construction, maintenance and operations thereof, and shall be subject to State approval. A. Retention Period The city shall maintain all books, documonte,, papers, accounting records and other evidence pertaining to fees collected and costs (hereinafter caged the Records), The City shall make the records available during the term of the Agreement and for four years from the date the Agreement is terminated, until completion of all audits, or until pending litigation has been completely and fully resatv4 whichever occurs last, B. Audit Report. If fees are collected by the city _ for the use of the fircility under this agreement, the city will provide the State an annual audit report detalling the fees collected for the use of the facility and the costs associated with constructing, maintaining, and operating the facility within the same period, If the report shows more fees collected than expenses for the construction, operation, or maintenance of the facility the City must provide a multiple year plan detailing how the additional revenue will be used for construction, operation, or maintenance of the facility. Pmm 9044 (Rev 10114) Page 4 of 10 C. Ayllabiiity. The State or any of Its duly authorized representalves; the Federal Highway Administration, the United States Department of Transportation, Office of Inspector General, and the Comptroller General shall have access to the City 's records that are directly pertinent to this Agreement for the purpose of making audits and examinations. 7. TERMINATION UPON iNt 1102 This provision is expressly made subject to the rights herein granted to both parties to terminate this agreement upon notice, and upon the exercise of any such right by either party, all obligalloris herein to make improvements to sold facility shall immediately cesse and terminate and city shall be responsible for flie facility's timely removal at no cast to the State. If the State determines that _ City hag failed to timely remove the facility, it will perform the necessary work and charge City the actual cost of the work. 8. MODIFiCATIONITERMiNATION OF AORSEME NT If In, the sole judgment of the State it Is found at any future time that traffic conditions have so changed that the existence or use of the facility is impeding maintenance, damaging the hlghway facility, impairing safety 'or that the facility is not being properly operated, that it constitutes a nuisance, Is abandoned, or if for any other reason It Is the State's judgment that such facility is not In the public Interest, this agreement under which the facility was constructed may be; (1) modified If corrective measures acceptable to both parties can be applied to eliminate the objectionable features of the facility; or (2) terminated and the use -of the area as proposed herein discontinued. e. RROHISITION OF STORAGE OF FLAMMABLE MATERIALS All. structures located or constructed within the area covered by the agreement shall be Ore resistant. The storage of flammable, exploslve or hazardous materials is prohibited. Operations deemed to be a potential Ora hazard shall be stlt4ect to regulation by the State. 10, RESTORATION OPAREA The City shall provide written notification to the State that suoh facility will be discontinued for the purpose defined herein. The w City shall, within thirty (30) days from the date of said notification, clear the area of all facilities that were its construction responsibility under this agreement and restore the ages to a condition satisfactory to the State. 11. PREVIOUS AGREEMENTS It Is undarstoo fi that this agreement In no way modifies or supersedes the forms and provisbne of any existing agreements between the parties hereto, r'-MM4 (Ha, IWO) Page 5 of 10 12. INDEMNIF►CA1110M City AGREES TO HOLD AND SAVE TIME STATE OF TEXAS FREE FROM DAMAGES THAT MAY RBSULT FROM CONSTRUCTION OF THE PROJECT DESCRIBED HEREIN. THE INDEMNIFICATION OF TH13 STATE SHALL EXTEND FOR A PERIOD OF TWO (2) YEARS BEYOND THE DATE OF TERMINATION OF THIS AGI2II�MENT. -F , i.! 1 {0 2';riC 2u�erc� a I.l owe E1 y N c_r�N� � ca «n1 (0; oL DN �( (DURING EACH YEAR WHILE THERE IS ANY LIABILITY BY REASON OF THE AGREEMENT CONTAINED IN THIS SUBSECTION OF THIS RESOLUTION, INCLUDING THE CALENDAR YEAR 2019 , THE City of Beaumont (CITY) SHALL COMPUTE AND ASCERTAIN THE RATE AND AMOUNT OF AD VALOREM TAX, RASED ON THE LATEST APPROVED TAX ROLLS OF SAID ENTITY, WITH FULL ALLOWANCES BRING MADE FOR TAX DELINQUENCIES AND COSTS OF TAX COLLECTION, WI-iICH WILL BE SUFFICIENT TO RAISE AND PRODUCE THE MONEY REQUIRED TO PAY ANY SUMS W141CH MAY BE OR BECOME DUE DURING ANY SUCH YEAR, IN NO INSTANCE TO BE LESS THAN TWO (2%) PER CENT OF SUCH OBLIGATION, TOGETHER WITH INTEREST THEREON, BECAUSE OF THE OBLIGATION HEREIN ASSUMED. SAID RATE AND AMOUNT OF AD VALOREM TAX IS HEREBY ORDERED'r0 BE LEVIED AND IS HEREBY LEVIED AGAINST ALL TAXABLE PROPERTY IN SAID ENTITY FOR EACH YEAR. WHILE ANY LIABILITY EXISTS BY REASON OF THE OBLIGATION UNDERTAKEN BY THIS SUBSECTION OF THIS RESOLUTION, AND SAID AD VALOREM TAX SHALL HE ASSESSED AND COLLECTED EACH SUCH YEAR UNTIL ALL OF THE OBLIGATIONS HEREIN INCURRED SHALL HAVE BEEN DISCHARGED AND ALL LIABILITY HEREUNDER DISCHARGED, No party to this agreement Intends to waive, relinquish, limit or condition Its general governmental Immunity from liability In anyway. —[�- s a j ree_mend - ,Nf tf Joe, c:/o.N sfr1ur uncle r ��rK U.J, r-� Utz LLA er i4lfS a , w e,t, :+j,!1 1,e, CA C Ft's t : � a. .} u.r: 5 � t. `F; c �( G'• n nl t!e rr `� " CC',: u n f y, Each party agrees and acknowledges that it Is not an agent, servant, or empirayea of the other party and that under this provision each party Is responsible only for its own acts -and for those of its / as 5' j agents, servants, Independent contractors or employees. Such responsibility Includes, but Is not limited to any claims or amounts arising or recovered under the "Workers Compensation Law," the Texas Tort Claims Act, chapter •101, Texas GIvil Practice and Remedies Code, or any other applicable laws or regulations, all as time to time may be amended. FaM 2044 (RdY,10110) Page a of 10 {Nothing In this agreement shall be consirued as creating any liability in favor of any third pprly against the Stale and the City . Additionally, this agreement shall not ever be construed as relieving any third party from any [lability against the State, Furthermore, the cfti' shall become fully subrogafed to the State's rights of recovery and shall be entitled to maintain any action over and against any third party -who may be liable for damdges. The $tote agrees to execute and deliver Instruments and papers And to otherwise do that which Is necessary to secure such rights, 13. INSURANCE The city , shall provide necessary safeguards to protect the public on State maintained highways €nalud€ng adequate Insurance for payment of any damages which might result during the construction, maintenance, repair and operation of the facility. Wy shall Include TxDaT as an additional insured by endorsement in City 's ' commercial general liability insurance policy. Prior to beginning work on the St6te's right of way, the city 's construction contractor shall submit to the Slate a completed. Insurance form (TxDOT Form No. 1566) or appropriate certificate of self-insurance and shall maintain the required coverage during the construction of the 5 S t I i` I /f s "r-,e N &n A %i a, L� 70'l/1� Zrr G f 42• f r� G.� �f��.f G I eG�(f , 3 '14. USE OF RIGHT OF WAY It is understood that the State by execution of this agreement does not Impair or relinquish the State's right to use such land for highway purposes when it is required for the construction or re -construction of the traffic facility for which it was acquired, nnr shall use of the land under such agreement ever be construed as abandonment by the State of such land acquired for highway purposes, and the State does not purport to grant any Interest in the land described herein but merely consents to such use to the extent its authority and title permits. 16. ADDITIONAL CONSENT REQUIRED The State asserts only that It has sufficient title for highway purposes. The City shall be responsible for obtaining such additional consent, permits or agreement as may be necessary due to this agreement This Includes,but is not limited to, appropriate permits and clearances for environmental, ADA and pubtle utilities. 16, FHWA ADDITIONAL REQUIREMENTS If the Facility Is located on the Federal -Aid Highway System, 'ATTACHMENT A", which states additional requirements as set forth In the Federal Highway Administration's Title 23, Code of Federal Ragulafions, § 710, shall be attached to and become a part of this agreement. 17, CIViL RIGHTS ASSURANCES The City , for Itself, Its personal representatives, successors and interests and Faml gala (Rev.10110) PdVeIof f0 assigns, as part of the consideration hereof, does hereby covenont and agree as a covenapt running with the land that: (1) no persons, on the grounds of race, color, sex,. age, national origin, religion or disabling condition, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to dlserimination In the use of sold faelllly; (2) that in the construction of any ltnprovements on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation In, denied the benefits of, or. otherwise be subjected to discrimination; (8) that the City shall use the promises In compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Ofte of the Secretary, Part 21, Non-discriminatlon in Federally -Assisted programs of the Departrttant of Transportation - Effectuation of iltie VI of the Civil Rights -Act of 19B4, and as said Regulations may be amended, That if in the event of any breach of the above non-discrimination covenants, the State shall have the right to terminate the agreement and reenter and repossess said land and the facilities thereon, and hold the some as If said agreement had never been made or Issued, 18. AMENDMENTS Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by a Written amendment executed by both parties hereto. 19. LEGAL CONSTRUCTION In case one or more -of the provisions contained in this agreement shall for any reason be hold Invalid, illegal or unenforceable In any respect, such Invalidity, Illegality or unenforeeability shall not, affect any provision hereof and this agreement shall be construed as if such Invalid, illegal, or unenforceable provision had never been contained In this agreement. 20. AU131T The Stater may conduct an audit or investigation of any aspect of this agreement The city must provide the State with access to any fnformotion the State considers relevant to the Investigation or audit, The audit can include, but is not limited to, any contract for construction or maintenance of any facility or structure authorized by this agreement or any contract to provide a service to the city If that service Is authorized by this agreement, - 'E:utma0gq (Rev tUr18j Pape 60 10 21. AUTHORITY OF STATE AUDiTOR The state auditor may conduct an audit or investigation of any entity receiving hands from the state directly under,the contract or Indirectly through a subcontract under the contract. Acceptance of funds directly tinder the contract or Indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or Investigation In connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any Information the state auditor conalders relevant to the investigation or audit, 22,. NOTICE$ Ali notices required tinder this agreement shall be mailed or hand delivered to the following respective addresses: STATE (Mailing Address) Texas Department of Transportation Maintenance Division 125 East 91 th Street Austin, Texas 78701-2483 23. TIMELY PAYMENT (Horne of other party) (Malting Address) Address Name Address Name Address Road/Street wy Ad ress /5tateOp When required by any provision of this agreement requires a payment to be made to the State, the other party hereto shalt. withln thirty (30) days from receipt of the State's written notification pay the State for the full cost of repairing any damages to the highway facility which may result from the other pasty`$ construction, rnalntendnce, repair or operation of the facility, 24. WARRANTS The signatories to this agreement warrant that each ties the authority to enter into this agreement on behalf of the party represented. List ofAtteohed Exhibits: Exhibit A - General Layout Exhibit B - Metes and Bounds Desoription Exhibit C -Approved Construction Plans Exhibit Q - Certiflcatp of insur@nce (TXDOT Form 100) Exhibit E - AttaahMent A (PHWNA Additional Requirements) l:ortn2044 (Rev.IWID) Pope 0 or 10 4 IN WITAIMS WHEREW, the parties have hereunto at xed their signature, the -_ oh the M --day of __ , 20 , and the state an the day of , 20 STATE 6F TE AS ' Executed and approved for . the 'Texas (Name of other party) Transportotlon Commission for, the purpoge and effect of activating and/or carrying out the orders, and established policies or work pragrams heretofore approved and authorized by the Texas Signature Transportation Commission. - - — By. Printed Name rec or, a ntenance v s an 'mite Ptinted Name Agency Date APPROVAL RI=COMMENDED: M Contact Office and Telephone No. District Engineer �t Tinted ame Date 0 r `N=2044 (Ruv W111) Pepe 10 or 10 t ATTACHMENT A I Inasmuch as this project is on the Federal -Aid highway, system, the following additional requirements as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710.106. 1. Any significant revision In the design or construction of the facility shalt receive prior approval by the Tawas Department of Transportation subject to concurrency by the FHVM 2. Any change in the authorized use of real property Interest shall receive prior approval by the Texas Department of Transportation subject to concurrence by the FHWA. 3. Real property Interest shelf not be transferrad, asslgnsd or conveyed to another party, without prior Texas Department of Transportation approval subject to concurrence by the FHWA. 4. This agreement will be revocable In the event that the real property interest facility ceases to be used or Is abandoned, L EXHIBIT E