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HomeMy WebLinkAboutRES 08-087 RESOLUTION NO. 08-087 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Municipal Maintenance Agreement with Amendments for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights-of-Way To Monitor Compliance With Traffic Control Signals and for Furnishing, Installing, Operation and Maintenance of Supplemental Safety Measures on State Highway Rights-of-Way Associated With Railroad Quiet Zones. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of March, 2008. .:��` ��I i X11, - ayor Pro Tern Samuel - eul Form 1038 (Rev. 2/2004) A� MUNICIPAL MAINTENANCE AGREEMENT STATE OF TEXAS § COUNTY OF TRAVIS § THIS AGREEMENT made this day of , 20 by and between the State of Texas, hereinafter referred to as the "State," party of the first part, and the Cite of County. Texas(population 2000, latest Federal Census) acting by and through its duly authorized officers, hereinafter called the"City,"party of the second part. WITNESSETH WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion, control, and jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter agreements with the State to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through its corporate limits;and WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter agreements with cities to fix responsibilities for maintenance,control,supervision,and regulation of State highways within and through the corporate limits of such cities;and WHEREAS,the Executive Director, acting for and in behalf of the Texas Transportation Commission,has made it known to the City that the State will assist the City in the maintenance and operation of State highways within such City, conditioned that the City will enter into agreements with the State for the purpose of determining the responsibilities of the parties thereto;and WHEREAS,the City has requested the State to assist in the maintenance and operation of State highways within such City: AGREEMENT 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,it is agreed as follows: For this agreeutent, the use of the words "State Highway" shall be construed to mean all numbered highways that are part of the State's Highway System. Page 1 of 8 EXHIBIT `A' COVERAGE 1. This agreement is intended to cover and provide for State participation in the maintenance and operation of the following classifications of State Highways within the City: A. Non-Controlled Access highways or portions thereof which are described and/or graphically shown as "State Maintained and Operated" highways in Exhibit"A," which is attached hereto and made a part hereof. B. All State highways or portions thereof which have been designated by the Texas Transportation Commission or maintained and operated as Controlled Access Highways and which are described and/or graphically shown in Exhibit"B,"which is attached hereto and made a part hereof. 2. In the event that the present system of State highways within the City is changed by cancellation,modified routing, or new routes,the State will terminate maintenance and operation and this agreement will become null and void on those portions of the highways which are no longer on the State Highway System; and the full effect and all conditions of this agreement will apply to the changed highways or new highways on the State Highway System within the City;and they shall be classified as"State Maintained and Operated" under paragraph 1 above,unless the execution of a new agreement on the changed or new portions of the highways is requested by either the City or the State. 3. Exhibits that are a part of this agreement may be exchanged with both parties' written concurrence. Additional exhibits may also be added with both parties' written concurrence. GENERAL CONDITIONS 1. The City authorizes the State to maintain and operate the State highways covered by this agreement in the manner set out herein. 2. This agreement is between the State and the City only. No person or entity may claim third party beneficiary status under this contract or any of its provisions, nor may any non-party sue for personal injuries or property damage under this contract. 3. This agreement is for the purpose of defining the authority and responsibility of both parties for maintenance and operation of State highways through the City. This agreement shall supplement any special agreements between the State and the City for the maintenance, operation, and/or construction of the State highways covered herein, and this agreement shall supersede any existing Municipal Maintenance Agreements. 4. Traffic regulations, including speed limits, will be established only after traffic and engineering studies have been completed by the State and/or City and approved by the State. Page 2 of 8 5. The State will erect and maintain all traffic signs and associated pavement markings necessary to regulate, warn, and guide traffic on State highways within the State right-of-way except as mentioned in this paragraph and elsewhere in this agreement. At the intersections of off-system approaches to State highways, the City shall install and maintain all stop signs, yield signs, and one-way signs and any necessary stop or yield bars and pedestrian crosswalks outside the main lanes or outside the frontage roads, if such exist. The City shall install and maintain all street name signs except for those mounted on State maintained traffic signal poles or arms or special advance street name signs on State right-of-way. All new signs installed by the City on State right-of-way shall meet or exceed the latest State breakaway standards and be in accordance with the Texas Manual on L form Traffic Control Devices, latest edition and revision. All existing signs shall be upgraded on a maintenance replacement basis to meet these requirements. 6. Subject to approval by the State, any State highway lighting system may be installed by the City provided the City shall pay or otherwise provide for all cost of installation, maintenance, and operation except in those installations specifically covered by separate agreements between the City and State. 7. The City shall enforce the State laws governing the movement of loads which exceed the legal limits for weight, length, height,or width as prescribed by Chapters 621, 622,and 623 of the Transportation Code for public highways outside corporate limits of cities. The City shall also, by ordinance/resolution and enforcement,prescribe and enforce lower weight limits when mutually agreed by the City and the State that such restrictions are needed to avoid damage to the highway and/or for traffic safety. 8. The City shall prevent future encroachments within the right-of-way of the State highways and assist in removal of any present encroachments when requested by the State except where specifically authorized by separate agreement; and prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction within the right-of-way without prior approval in writing from the State. 9. Traffic control devices such as signs,traffic signals,and pavement markings,with respect to type of device, points of installation and necessity,will be determined by traffic and engineering studies. The City shall not install, maintain, or permit the installation of any type of traffic control device which will affect or influence the use of State highways unless approved in writing by the State. Traffic control devices installed prior to the date of this agreement are hereby made subject to the terms of this agreement and the City agrees to the removal of such devices which affect or influence the use of State highways unless their continued use is approved in writing by the State. It is understood that basic approval for future installations of traffic control signals by the State or as a joint project with the City, will be indicated by the proper City official's signature on the title sheet of the plans. Both parties should retain a copy of the signed title sheet or a letter signed by both parties acknowledging which signalized intersections are covered by this agreement. Any special requirements not covered within this agreement will be covered under a separate agreement. 10. New construction of sidewalks, ramps or other accessibility related items shall comply with current ADA standards.The city is responsible for the maintenance of these items. Page 3 of 8 11. If the City has a driveway permit process that has been submitted to and approved by the State, the City will issue permits for access driveways on State highway routes and will assure the grantee's conformance, for proper installation and maintenance of access driveway facilities, with either a Local Access Management Plan that the City has adopted by ordinance and submitted to the State or, if the City has not adopted by ordinance and submitted to the State a Local Access Management Plan,the State's "Regulations for Access Driveways to State Highways" and the State's Access Management Manual. If the City does not have an approved city-wide driveway permit process,the State will issue access driveway permits on State highway routes in accordance with the City's Local Access Management Plan, adopted by city ordinance and submitted to the State or, if the City has not adopted by ordinance and submitted a Local Access Management Plan, the State's "Regulations for Access Driveways to State Highways" and the State's Access Management Manual. 12. The use of unused right-of-way and areas beneath structures will be determined by a separate agreement. NON-CONTROLLED ACCESS HIGHWAYS The following specific conditions and responsibilities shall be applicable to non-controlled access State highways in addition to the"General Conditions"contained herein above.Non-controlled access State highways or portions thereof covered by this section are those listed and/or graphically shown in Exhibit"A." State's Responsibilities (Non-Controlled Access) 1. Maintain the traveled surface and foundation beneath such traveled surface necessary for the proper support of same under vehicular loads encountered and maintain the shoulders. 2. Assist in mowing and litter pickup to supplement City resources when requested by the City and if State resources are available. 3. Assist in sweeping and otherwise cleaning the pavement to supplement City resources when requested by the City and if State resources are available. 4. Assist in snow and ice control to supplement City resources when requested by the City and if State resources are available. 5. Maintain drainage facilities within the limits of the right-of-way and State drainage easements. This does not relieve the City of its responsibility for drainage of the State highway facility within its corporate limits. 6. Install, maintain, and operate, when required,. normal regulatory, warning and guide signs and normal markings (except as provided under"General Conditions"in paragraph 5). In cities with less than 50,000 population, this also includes school safety devices, school crosswalks, and crosswalks installed in conjunction with pedestrian signal heads. This does not include other pedestrian crosswalks. Any other traffic striping desired by the City may be placed and maintained by the City subject to written State approval. Page 4 of 8 7. Install, operate, and maintain traffic signals in cities with less than 50,000 population. 8. In cities equal to or greater than 50,000 population,the State may provide for installation of traffic signals when the installation is financed in whole or in part with federal-aid funds if the City agrees to enter into an agreement setting forth the responsibilities of each party. City's Responsibilities(Non-Controlled Access) 1. Prohibit angle parking,except upon written approval by the State after traffic and engineering studies have been conducted to determine if the State highway is of sufficient width to permit angle parking without interfering with the free and safe movement of traffic. 2. Install and maintain all parking restriction signs,pedestrian crosswalks [except as provided in paragraph 6 under "State's Responsibilities (Non-Controlled Access)'], parking stripes, and special guide signs when agreed to in writing by the State. Cities greater than or equal to 50,000 population will also install,operate, and maintain all school safety devices and school crosswalks. 3. Signing and marking of intersecting city streets with State highways will be the full responsibility of the City(except as provided under"General Conditions"in paragraph 5). 4. Require installations, repairs, removals, or adjustments of publicly or privately owned utilities or services to be performed in accordance with Texas Department of Transportation specifications and subject to approval of the State in writing. 5. Retain all functions and responsibilities for maintenance and operations which are not specifically described as the responsibility of the State. The assistance by the State in maintenance of drainage facilities does not relieve the City of its responsibility for drainage of the State highway facility within its corporate limits except where participation by the State is specifically covered in a separate agreement between the City and the State. 6. Install, maintain, and operate all traffic signals in cities equal to or greater than 50,000 population. Any variations will be handled by a separate agreement. 7. Perform mowing and litter pickup. 8. Sweep and otherwise clean the pavement. 9. Perform snow and ice control. CONTROLLED ACCESS HIGHWAYS The following specific conditions and responsibilities shall be applicable to controlled access highways in addition to the "General Conditions" contained herein above. Controlled access State highways or portions thereof covered by this section are those listed and/or graphically shown in Exhibit`B." Page 5 of 8 State's Responsibilities (Controlled Access) 1. Maintain the traveled surface of the through lanes, ramps, and frontage roads and foundations beneath such traveled surface necessary for the proper support of same under vehicular loads encountered. 2. Mow and clean up litter within the outermost curbs of the frontage roads or the entire right-of-way width where no frontage roads exist, and assist in performing these operations between the right-of-way line and the outermost curb or crown line of the frontage roads in undeveloped areas. 3. Sweep and otherwise clean the through lanes, ramps, separation structures, or roadways and frontage roads. 4. Remove snow and control ice on the through lanes and ramps and assist in these operations as the availability of equipment and labor will allow on the frontage roads and grade separation structures or roadways. 5. Except as provided under "General Conditions" in paragraph 5, the State will install and maintain all normal markings and signs, including sign operation if applicable, on the main.lanes and frontage roads. This includes school safety devices, school crosswalks, and crosswalks installed on frontage roads in conjunction with pedestrian signal heads. It does not include other pedestrian crosswalks. 6. Install, operate, and maintain traffic signals at ramps and frontage road intersections unless covered by a separate agreement. 7. Maintain all drainage facilities within the limits of the right-of-way and State drainage easements. This does not relieve the City of its responsibility for drainage of the highway facility within its corporate limits. City's Responsibilities(Controlled Access) 1. Prohibit, by ordinance or resolution and through enforcement, all parking on frontage roads except when parallel parking on one side is approved by the State in writing. Prohibit all parking on main lanes and ramps and at such other places where such restriction is necessary for satisfactory operation of traffic,by passing and enforcing ordinances/resolutions and taking other appropriate action in addition to full compliance with current laws on parking. 2. When considered necessary and desirable by both the City and the State,the City shall pass and enforce an ordinance/resolution providing for one-way traffic on the frontage roads except as may be otherwise agreed to by separate agreements with the State. Page 6 of 8 3. Secure or cause to be secured the approval of the State before any utility installation, repair, removal, or adjustment is undertaken, crossing over or under the highway facility or entering the right-of-way. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, the City, without the necessity of approval by the State, may at its own responsibility and risk make necessary emergency utility repairs, notifying the State of this action as soon as practical. 4. Pass necessary ordinances/resolutions and retain its responsibility for enforcing the control of access to the expressway/freeway facility. 5. Install and maintain all parking restriction signs, pedestrian crosswalks (except as mentioned above in paragraph 5 under "State's Responsibilities"), and parking stripes when agreed to by the State in writing. Signing and marking of intersecting city streets to State highways shall be the full responsibility of the City (except as discussed under"General Conditions"in paragraph 5). TERMINATION All obligations of the State created herein to maintain and operate the State highways covered by this agreement shall terminate if and when such highways cease to be officially on the State highway system; and further, should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon 30 days written notice. Upon termination, all maintenance and operation duties on non- controlled access State highways shall revert to City responsibilities, in accordance with Chapter 311 of the Texas Transportation Code. The State shall retain all maintenance responsibilities on controlled access State highways in accordance with the provisions of Chapter 203 of the Texas Transportation Code, 23 United States Code § 116 and the State's Interstate Maintenance Guidelines as approved by the Federal Highway Administration in accordance with 23 CFR§635,Subpart E. Said State assumption of maintenance and operations shall be effective the date of execution of this agreement by the Texas Department of Transportation. Page 7 of 8 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of on the day of 20_, and the Texas Department of Transportation,on the day of , 20_. ATTEST: THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating CITY OF and/or carrying out the orders, and established policies or work programs heretofore approved and authorized by the Texas Transportation Commission BY (Title of Signing Official) BY District Engineer District The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that we collect about you. Under Sections 552.021 and 552.023 of the Texas Government Code, you also are entitled to receive and review the information. Under Section 559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect.For inquiries call 512-416-3048. NOTE: To be executed in duplicate and supported by Municipal Maintenance Ordinance/Resolution and City Secretary Certificate. Page 8 of 8 CITY OF BEAUMONT, TEXAS Jefferson County Exhibit "A" Non-Controlled Access Highways L State Maintained: A. U.S. 90: from the west city limits to I.H. 10 B. State Highway 105: from the west city limits to U.S. 69,96,287 C. State Highway 124: from the west city limits to U.S. 69,96,287 D. State Highway 347: from Spur 380 to the south city limits E. Farm-to-Market 364: from Tram Road to S.H. 124 F. Spur 380: from S.H. 347 to Alabama Street; Villiva Street to Irving Street; Neches and Easy Streets to Evalon; Evalon to I.H 10; Evalon along Gulf to I.H. 10. G. Spur 93: from U.S. 69,96,287 to the city limits at the LNVA Canal; from the city limits 2.075 miles south of the LNVA Canal to the south city limits just north of F.M. 3514. H. City Maintained: A. U.S. 90: College Street, from I.H. 10 to Orleans Street; along Orleans Street to Pearl Street; along Pearl Street to the north right-of-way line of North Street to Laurel and Park Streets; along Park Street to College Street. CITY OF BEAUMONT, TEXAS Jefferson County Exhibit "B" Controlled Access Highways I. State Maintained A. I.H. 10: from the west city limits to the east city limits B. U.S. 90: from the north right-of-way line of North Street north to I.H. 10. C. U.S. 69,96,287: from the south end of Pine Island Bayou Bridge to the north junction with I.H. 10. The south junction with I.H. 10 to the south city limits. D. Spur 380: from Alabama Street to Villiva Street; Irving Street to Neches and Easy Streets. II. City Maintained NONE 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 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 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. r 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 Date District Engineer MUNICIPAL MAINTENANCE AGREEMENT Form 1 (Rev.01/08)08) (GSD-EPC) Page 1 of 6 oepernnenr o/r nsporM1Uiw STATE OF TEXAS § COUNTY OF TRAVIS § THIS AGREEMENT made this day of MALCH 20 by and between the State of Texas, hereinafter referred to as the"State,"party of the first part, and the City of jCAU MVOY (population J{3, S64 , 2000, latest Federal Census)acting by and through its duly authorized officers, hereinafter called the "City," party of the second part. WITNESSETH WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion, control, and jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter agreements with the State to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through its corporate limits; and WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter agreements with cities to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through the corporate limits of such cities; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, hasmade it known to the City that the State will assist the City in the maintenance and operation of State highways within such City, conditioned that the City will enter into agreements with the State for the purpose of determining the responsibilities of the parties thereto; and WHEREAS, the City has requested the State to assist in the maintenance and operation of State highways within such City: AGREEMENT 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, it is agreed as follows: For this agreement, the use of the words "State Highway" shall be construed to mean all numbered highways that are part of the State's Highway System. Form 1038 (Rev.01/08) Page 2 of 6 COVERAGE 1. This agreement is intended to cover and provide for State participation in the maintenance and operation of the following classifications of State Highways within the City: A. Non-Controlled Access highways or portions thereof which are described and/or graphically shown as "State Maintained and Operated"highways in Exhibit"A,"which is attached hereto and made a part hereof. B. All State highways or portions thereof which have been designated by the Texas Transportation Commission or maintained and operated as Controlled Access Highways and which are described and/or graphically shown in Exhibit"B,"which is attached hereto and made a part hereof. 2. In the event that the present system of State highways within the City is changed by cancellation, modified routing, or new routes, the State will terminate maintenance and operation and this agreement will become null and void on those portions of the highways which are no longer on the State Highway System; and the full effect and all conditions of this agreement will apply to the changed highways or new highways on the State Highway System within the City; and they shall be classified as "State Maintained and Operated" under paragraph 1 above, unless the execution of a new agreement on the changed or new portions of the highways is requested by either the City or the State. 3. Exhibits that are a part of this agreement may be exchanged with both parties' written concurrence. Additional exhibits may also be added with both parties'written concurrence. GENERAL CONDITIONS 1. The City authorizes the State to maintain and operate the State highways covered by this agreement in the manner set out herein. 2. This agreement is between the State and the City only. No person or entity may claim third party beneficiary status under this contract or any of its provisions, nor may any non-party sue for personal injuries or property damage under this contract. 3. This agreement is for the purpose of defining the authority and responsibility of both parties for maintenance and operation of State highways through the City. This agreement shall supplement any special agreements between the State and the City for the maintenance, operation, and/or construction of the State highways covered herein, and this agreement shall supersede any existing Municipal Maintenance Agreements. 4. Traffic regulations, including speed limits, will be established only after traffic and engineering studies have been completed by the State and/or City and approved by the State. 5. The State will erect and maintain all traffic signs and associated pavement markings necessary to regulate, warn, and guide traffic on State highways within the State right-of-way except as mentioned in this paragraph and elsewhere in this agreement. At the intersections of off-system approaches to State highways, the City shall install and maintain all stop signs, yield signs, and one-way signs and any necessary stop or yield bars and pedestrian crosswalks outside the main lanes or outside the frontage roads, if such exist. The City shall install and maintain all street name signs except for those mounted on State maintained traffic signal poles or arms or special advance street name signs on State right-of-way. All new signs installed by the City on State right-of-way shall meet or exceed the latest State breakaway standards and be in accordance with the Texas Manual on Uniform Traffic Control Devices, latest edition and revision. All existing signs shall be upgraded on a maintenance replacement basis to meet these requirements 6. Subject to approval by the State, any State highway lighting system may be installed by the City provided the City shall pay or otherwise provide for all cost of installation, maintenance, and operation except in those installations specifically covered by separate agreements between the City and State. Form 1038 (Rev.01/08) Page 3 of 6 7. The City shall enforce the State laws governing the movement of loads which exceed the legal limits for weight, length, height, or width as prescribed by Chapters 621, 622, and 623 of the Transportation Code for public highways outside corporate limits of cities. The City shall also, by ordinance/resolution and enforcement, prescribe and enforce lower weight limits when mutually agreed by the City and the State that such restrictions are needed to avoid damage to the highway and/or for traffic safety. 8. The City shall prevent future encroachments within the right-of-way of the State highways and assist in removal of any present encroachments when requested by the State except where specifically authorized by separate agreement; and prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction within the right-of-way without prior approval in writing from the State. 9. Traffic control devices such as signs, traffic signals, and pavement markings, with respect to type of device, points of installation and necessity, will be determined by traffic and engineering studies. The City shall not install, maintain, or permit the installation of any type of traffic control device which will affect or influence the use of State highways unless approved in writing by the State. Traffic control devices installed prior to the date of this agreement are hereby made subject to the terms of this agreement and the City agrees to the removal of such devices which affect or influence the use of State highways unless their continued use is approved in writing by the State. It is understood that basic approval for future installations of traffic control signals by the State or as a joint project with the City, will be indicated by the proper City official's signature on the title sheet of the plans. Both parties should retain a copy of the signed title sheet or a letter signed by both parties acknowledging which signalized intersections are covered by this agreement. Any special requirements not covered within this agreement will be covered under a separate agreement. 10. New construction of sidewalks, ramps or other accessibility related items shall comply with current ADA standards. The city is responsible for the maintenance of these items. 11. If the City has a driveway permit process that has been submitted to and approved by the State, the City will issue permits for access driveways on State highway routes and will assure the grantee's conformance, for proper installation and maintenance of access driveway facilities, with either a Local Access Management Plan that the City has adopted by ordinance and submitted to the State or, if the City has not adopted by ordinance and submitted to the State a Local Access Management Plan, the State's "Regulations for Access Driveways to State Highways" and the State's Access Management Manual. If the City does not have an approved city-wide driveway permit process, the State will issue access driveway permits on State highway routes in accordance with the City's Local Access Management Plan, adopted by city ordinance and submitted to the State or, if the City has not adopted by ordinance and submitted a Local Access Management Plan, the State's "Regulations for Access Driveways to State Highways"and the State's Access Management Manual. 12. The use of unused right-of-way and areas beneath structures will be determined by a separate agreement NON-CONTROLLED ACCESS HIGHWAYS The following specific conditions and responsibilities shall be applicable to non-controlled access State highways in addition to the "General Conditions" contained herein above. Non-controlled access State highways or portions thereof covered by this section are those listed and/or graphically shown in Exhibit"A." State's Responsibilities (Non-Controlled Access) 1. Maintain the traveled surface and foundation beneath such traveled surface necessary for the proper support of same under vehicular loads encountered and maintain the shoulders. 2. Assist in mowing and litter pickup to supplement City resources when requested by the City and if State resources are available. 3. Assist in sweeping and otherwise cleaning the pavement to supplement City resources when requested by the City and if State resources are available. Form 1038 (Rev.01/08) Page 4 of 6 4. Assist in snow and ice control to supplement City resources when requested by the City and if State resources are available. 5. Maintain drainage facilities within the limits of the right-of-way and State drainage easements. This does not relieve the City of its responsibility for drainage of the State highway facility within its corporate limits. 6. Install, maintain, and operate, when required, normal regulatory, warning and guide signs and normal markings (except as provided under "General Conditions" in paragraph 5). In cities with less than 50,000 population, this also includes school safety devices, school crosswalks, and crosswalks installed in conjunction with pedestrian signal heads. This does not include other pedestrian crosswalks. Any other traffic striping desired by the City may be placed and maintained by the City subject to written State approval. 7. Install, operate, and maintain traffic signals in cities with less than 50,000 population. 8. In cities equal to or greater than 50,000 population, the State may provide for installation of traffic signals when the installation is financed in whole or in part with federal-aid funds if the City agrees to enter into an agreement setting forth the responsibilities of each party. City's Responsibilities (Non-Controlled Access) 1. Prohibit angle parking, except upon written approval by the State after traffic and engineering studies have been conducted to determine if the State highway is of sufficient width to permit angle parking without interfering with the free and safe movement of traffic. 2. Install and maintain all parking restriction signs, pedestrian crosswalks [except as provided in paragraph 6 under "State's Responsibilities (Non-Controlled Access)"], parking stripes and special guide signs when agreed to in writing by the State. Cities greater than or equal to 50,000 population will also install, operate, and maintain all school safety devices and school crosswalks. 3. Signing and marking of intersecting city streets with State highways will be the full responsibility of the City (except as provided under"General Conditions"in paragraph 5). 4. Require installations, repairs, removals or adjustments of publicly or privately owned utilities or services to be performed in accordance with Texas Department of Transportation specifications and subject to approval of the State in writing. 5. Retain all functions and responsibilities for maintenance and operations which are not specifically described as the responsibility of the State. The assistance by the State in maintenance of drainage facilities does not relieve the City of its responsibility for drainage of the State highway facility within its corporate limits except where participation by the State is specifically covered in a separate agreement between the City and the State. 6. Install, maintain, and operate all traffic signals in cities equal to or greater than 50,000 population. Any variations will be handled by a separate agreement. 7. Perform mowing and litter pickup. B. Sweep and otherwise clean the pavement. 9. Perform snow and ice control. CONTROLLED ACCESS HIGHWAYS The following specific conditions and responsibilities shall be applicable to controlled access highways in addition to the "General Conditions" contained herein above. Controlled access State highways or portions thereof covered by this section are those listed and/or graphically shown in Exhibit"B." Form 1038 (Rev.01/08) Page 5 of 6 State's Responsibilities (Controlled Access) 1. Maintain the traveled surface of the through lanes, ramps, and frontage roads and foundations beneath such traveled surface necessary for the proper support of same under vehicular loads encountered. 2. Mow and clean up litter within the outermost curbs of the frontage roads or the entire right-of-way width where no frontage roads exist and assist in performing these operations between the right-of-way line and the outermost curb or crown line of the frontage roads in undeveloped areas. 3. Sweep and otherwise clean the through lanes, ramps, separation structures or roadways and frontage roads. 4. Remove snow and control ice on the through lanes and ramps and assist in these operations as the availability of equipment and labor will allow on the frontage roads and grade separation structures or roadways. 5. Except as provided under "General Conditions" in paragraph 5, the State will install and maintain all normal markings and signs, including sign operation if applicable, on the main lanes and frontage roads. This includes school safety devices, school crosswalks and crosswalks installed on frontage roads in conjunction with pedestrian signal heads. It does not include other pedestrian crosswalks. 6. Install, operate and maintain traffic signals at ramps and frontage road intersections unless covered by a separate agreement. 7. Maintain all drainage facilities within the limits of the right-of-way and State drainage easements. This does not relieve the City of its responsibility for drainage of the highway facility within its corporate limits. City's Responsibilities (Controlled Access) 1. Prohibit, by ordinance or resolution and through enforcement, all parking on frontage roads except when parallel parking on one side is approved by the State in writing. Prohibit all parking on main lanes and ramps and at such other places where such restriction is necessary for satisfactory operation of traffic, by passing and enforcing ordinances/resolutions and taking other appropriate action in addition to full compliance with current laws on parking. 2. When considered necessary and desirable by both the City and the State, the City shall pass and enforce an ordinance/resolution providing for one-way traffic on the frontage roads except as may be otherwise agreed to by separate agreements with the State. 3. Secure or cause to be secured the approval of the State before any utility installation, repair, removal or adjustment is undertaken, crossing over or under the highway facility or entering the right-of-way. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, the City, without the necessity of approval by the State, may at its own responsibility and risk make necessary emergency utility repairs, notifying the State of this action as soon as practical. 4. Pass necessary ordinances/resolutions and retain its responsibility for enforcing the control of access to the expressway/freeway facility. 5. Install and maintain all parking restriction signs, pedestrian crosswalks (except as mentioned above in paragraph 5 under "State's Responsibilities") and parking stripes when agreed to by the State in writing. Signing and marking of intersecting city streets to State highways shall be the full responsibility of the City (except as discussed under"General Conditions"in paragraph 5). Form 1038 (Rev.01/08) Page 6 of 6 TERMINATION All obligations of the State created herein to maintain and operate the State highways covered by this agreement shall terminate if and when such highways cease to be officially on the State highway system; and further, should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon 30 days written notice. Upon termination, all maintenance and operation duties on non-controlled access State highways shall revert to City responsibilities, in accordance with Chapter 311 of the Texas Transportation Code. The State shall retain all maintenance responsibilities on controlled access State highways in accordance with the provisions of Chapter 203 of the Texas Transportation Code and 23 United States Code Section 116. Said State assumption of maintenance and operations shall be effective the date of execution of this agreement by the Texas Department of Transportation. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of 13�5A M O.4j r on the 1tl& day of ArjU L 20 00 , and the Texas Department of Transportation, on the is 4h day of JU' , 20 09 THE STATE OF TEXAS ATTEST: I` / r Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, and established CITY OF 5Au r CAC policies or work programs heretofore approved and authorize by the Texas Tra poeration Commission BY G�'c'�! �i��1AC�yK- (Title of Signing Official) BY CZA c (District Engineer) G( District The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that we collect about you. Under Sections 552.021 and 552.023 of the Government Code, you also are entitled to receive and review this information. Under Section 559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect. For more information, call 512/416-3048. NOTE: To be executed in duplicate and supported by Municipal Maintenance Ordinance/Resolution and City Secretary Certificate. i "EXHIBIT A" NON CONTROLLED ACCESS HIGHWAYS I. STATE MAINTAINED HIGHWAYS A. US 90: From the west city limits to IH 10 B. SH 105: From the west city limits to US 69, 96, 287 C. SH 124: From the west city limits to US 69, 96, 287 D. SH 347: From Spur 380 to the south city limits E. FM 364: From Tram Road to SH 124 F. Spur 380: From SH 347 to Alabama Street; Villiva Street to Irving Street; Neches and Easy Streets to Evalon; Evalon to IH 10; Evalon along Gulf to IH 10 lI. CITY MAINTAINED HIGHWAYS A. US 90 (College Street): From IH 10, east along College Street, to Orleans Street, northwest along Orleans Street to Pearl Street, north and northwest along Pearl Street to the north Right-of-Way line of North Street. From the north Right-of-Way line of North Street, south along Willow Street, to south and southeast along Park Street to College Street. "EXHIBIT B" CONTROLLED ACCESS HIGHWAYS I. STATE MAINTAINED HIGHWAYS A. IH 10: From the west city limits to the east city limits B. US 90: From the north Right-of-Way line of North Street north to IH 10. C. US 69, 96, 287: From the south end of Pine Island Bayou Bridge to the north junction with IH 10. The south junction with IH 10 to the south city limits. D. Spur 380: From Alabama Street to Villiva Street; Irving Street to Neches and Easy Streets. 11. CITY MAINTAINED HIGHWAYS NONE AMENDMENTS TO THE MUNICIPAL MAINTENANCE AGREEMENT FOR THE CITY OF BEAUMONT AMENDMENTI WHEREAS, the City landscaped and beautified the area between the Business US 90 main lanes (Central Distributor) from North Street to Harrison Street, hereinafter called the "Park". NOW THEREFORE, in recognition of this work the Controlled Access Highways portion of said Municipal Maintenance Agreement is amended under the City's duties as follows: 1. Mow, clean up litter, and maintain the Park. 2. Erect and maintain all signs necessary for the proper use of the Park. 3. Maintain all drainage within the park. This amendment is currently in effect in accordance with the Amendment dated April 15, 1986 to the Municipal Maintenance Agreement executed November 9, 1982. AMENDMENT II WHEREAS, the City desires to maintain the landscaping on Spur 380 (M.L. King, Jr. Pkwy) from SH 347 to IH 10. NOW, THEREFORE, in recognition of this proposed work the Controlled and Non- Controlled Access Highways portion of said Municipal Maintenance Agreement is amended under the City's Duties as follows: 1. Mow, clean up litter, and maintain landscaping within the entire right-of-way width. This amendment is currently in effect in accordance with Municipal Maintenance Agreement executed March 9, 1990 AMENDMENT III WHEREAS, the State desires to operate and maintain the storm water lift stations with submergible pumps, hereinafter called the "System", located on the north side of Spur 380 between Park Street and Pennsylvania Avenue and at Royal Street,from the time the Contractor is released from the contract to an unspecified period of time which will include a rain with a duration and intensity to cause the System to fully operate to the satisfaction of the State. WHEREUPON, the State being completely satisfied with the operations of the System shall transfer full responsibility of said operation and maintenance to the City. NOW, THEREFORE, in recognition of this proposed work the Controlled and Non- Controlled Access Highways portion of said Municipal Maintenance Agreement is amended under City's duties as follows: 1. Operate and maintain the system upon transference of responsibility from the state. Provide electrical energy to the System from the time the contractor is released from the contract, including the period the State has responsibility. 2. Not allow storm sewers, sanitary sewers or surface drainage to enter the storm sewer system, including the lift station outfall line, from any areas not specifically provided for on the drainage area layout in the plans. The amendment is currently in effect in accordance with Municipal Maintenance Agreement executed March 9, 1990. AMENDMENT IV The City shall install and maintain, at its sole expense, all supplemental safety measures, including but not limited to, median treatments and advanced supplemental signage as approved and agreed upon by the State, the Railroad, and the City for the safety of the traveling public to accommodate the installation of highway-railroad warning devices required by FRA rules 49CFR Parts 222 & 229 for the New Quite Zone located at the following Union Pacific Railroad crossings: Location DOT NO. US 90 at Wooten 762 956N US 90 at Keith Road 762723S US 90 at Todd 762 722K US 90 at FM 364 762 721 D FM 364 at McLean 427 962W The City fully accepts responsibility and liability for the design, construction and maintenance of these proposed(improvements)to the highway-railroad intersections. It is mutually agreed and understood that the City shall indemnify and save harmelss the State from any and all damage or loss that may occur dur to the roadway modifications installed and maintained by the City. No changes are to be made in the design, operation, and location of the warning systems and roadway modifications without the written approval of the State. The State reserves the right to require any changes, maintenance or repairs as may be necessary to provide for the safety of the traveling public and/or railroad operations on or adjacent to the highway and state highway right of way. All work required within State right of way that is necessary to install the new safety measure shall follow State standards and procedures. This will include materials, workmanship, traffic handling and barricading. The installation shall not damage any part of the highway, and adequate provisions must be made to cause minimum inconvenience to traffic and adjacent property owners. Barricades and warning signs, and flagmen, when necessary, shall be so conducted that it will not interfere in any way with any highway contract construction or repair work, or any State maintenance work that may be done on this road.