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10-26-23-7.2 - Resolution - 10/26/2023RESOLUTION NO. 10-26-23-7.2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, AUTHORIZING THE MAYOR TO SIGN A GATEWAY MONUMENT AGREEMENT BETWEEN THE TEXAS DEPARTMENT OF TRANSPORTATION AND THE CITY OF COLLEGE STATION FOR CONSTRUCTION OF THE GATEWAY MONUMENT SIGN PROJECT AT SH47 AND SH60 BETWEEN SOUTHEAST BOUND SH47 AND THE WESTERN SH47 FEEDER ROAD. WHEREAS, the City Council of the City of College Station, Texas supports the City’s plan to construct the Gateway Monument Sign Project (“Project”) at SH47 and SH60; and WHEREAS, the City Council of the City of College Station, Texas agrees to fund one-hundred percent (100%) of the Gateway Monument Sign Project construction costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of College Station, Texas as follows: PART 1: That the City Council hereby approves the Gateway Monument Agreement which is attached hereto and made a part hereof as Exhibit “A”. PART 2: That the City Council hereby authorizes the Mayor to sign the Agreement. PART 3: That the City Council hereby agrees to fully fund the Gateway Monument Sign Project construction costs. PART 4: That this Resolution shall take effect immediately from and after its passage. ADOPTED this 26th day of October, 2023. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney Contract No. 17-4XX0002 Interlocal Gateway Monument 1 of 7 04/27/2021 GATEWAY MONUMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF TRAVIS § THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of College Station, acting through its duly authorized officials, as evidenced by Resolution or Ordinance Number _____ __, dated ____ ___, hereinafter called the "Local Entity". BACKGROUND The State owns and maintains a system of highways, including SH 47 in Brazos County, Texas, for public use and benefit. The State agrees to allow for the construction of a Gateway Monument within the State’s right of way and the Local Entity agrees to construct the Monument and to conduct the long term maintenance for this structure located on SH 47 at FM 60 referred to as the "Gateway Monument," more specifically described in Attachment “A,” Project Map, which is attached hereto. The Local Entity will conduct the Monument's long term maintenance activities through the use of Local Entity forces, contractors, or other means satisfactory to the Local Entity and the State. THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree to the following. A G R E E M E N T SECTION 1. PERIOD OF THE AGREEMENT This Agreement becomes effective when finally executed by the State and shall continue unless or until otherwise terminated as provided by this agreement. SECTION 2. FINANCIAL RESPONSIBILITIES All costs covered by this agreement including design, engineering, testing, construction, installation, access for maintenance, maintenance, labor, materials, supplies, traffic control, additional improvements, and if required, removal of the Gateway Monument, shall be the responsibility of the Local Entity. Any administrative costs associated with the Gateway Monument that are incurred by the State, such as those related to proposal review, as well as developing, issuing, and monitoring the Agreement for approved the Gateway Monument project shall be the responsibility of the State. Exhibit A Contract No. 17-4XX0002 Interlocal Gateway Monument 04/27/2021 2 of 7 SECTION 3. RESPONSIBILITY OF THE PARTIES A. The Local Entity agrees to: 1.Provide Gateway Monument design plans to the State before execution of this agreement according to State policy and, upon final approval, furnish and construct the Gateway Monument according to plans approved by the State, which are set out more specifically in Attachment “B,” Local Entity’s Final Gateway Monument Proposal, which is attached to this Agreement, and include any other related installation items that may be required; and 2.Furnish, erect, and maintain any barricades, signs and traffic handling devices, in accordance with the latest Texas Manual of Uniform Traffic Control Devices (MUTCD) and to the satisfaction of the State related to this project, as may be required to protect the safety of the public; and 3.Conduct periodic inspections of the Gateway Monument as deemed necessary; and 4.Provide for the construction and maintenance of all associated appurtenances that are considered by the State to be a part of the project. The Local Entity further agrees to remove such items from the project’s location and restore the area to the satisfaction of the State upon termination of this Agreement in accordance with Section 9. B. The State agrees to: 1.Review and evaluate the Gateway Monument proposal submitted by the Local Entity with due consideration to safety (location, potential for motorist distraction, accessibility for maintenance, etc.), aesthetics, community support and maintainability; and 2.Coordinate with other State Divisions, as appropriate, as well as interact with the Federal Highway Administration (FHWA) for input, review and approval; and 3.Cooperate with the Local Entity to determine the requirements for barricades, signs, and traffic handling devices to be used by the Local Entity during the construction and maintenance of the Gateway Monument; and 4.Provide maintenance access to the project location for the Local Entity or for its Contractor or group, and if possible, from outside the highway right of way; and 5.Conduct periodic inspections of the Gateway Monument as deemed necessary. C. The Local Entity and State further agree that nothing contained in this Agreement will be construed to: 1.Give either party the power to direct and control the day-to-day activities of the other; or 2.Constitute the parties as partners, joint venturers, co-owners, or otherwise as participants in a joint or common undertaking; or allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever. Contract No. 17-4XX0002 Interlocal Gateway Monument 04/27/2021 3 of 7 SECTION 4. DESIGN AND PLACEMENT OF GATEWAY MONUMENTS A. Gateway Monuments shall be designed and placed so as to: 1.Be freestanding. 2.Feature only the letters of the community name and/or officially adopted seal. 3.Include, if required by the State, approved protective graffiti coatings. 4.Be appropriate to its proposed setting and community context. 5.Be in proper size and scale with its surroundings. 6.Be composed of materials that are durable for the projected life span of the project. 7.Be located beyond the clear zone, for both main lane traffic and frontage road traffic. 8.Be located where maintenance can be safely performed, as specified in the Gateway Monument Agreement, and in conformance with State procedures. 9.Be subject to the review and approval of the State in consideration of design, size, and scale for appropriate integration on urban or rural highway features. B. Gateway Monuments shall not: 1.Be allowed within the center median areas of interstate highway rights-of-way. 2.Contain religious, political, special interest, private, or commercial messages of any sort, including, but not limited to, symbols, logos, business names, trade names, jingles, or slogans. 3.Contain any displays of any sort, advertising, decorative banners, flags, or flag poles. 4.Display telephone numbers, street addresses, or Internet addresses. 5.Interfere with airspace above the roadway. 6.Create a distraction to the motoring public; for example, the Gateway Monument shall be large enough to interpret at highway speed, but not be so large that it demands attention from the motorist. 7.Include reflective or glaring surface finishes. 8.Include illumination that impairs or distracts the vision of transportation system users. Other lighting may be permitted. 9.Display blinking or intermittent or moving lights, including changeable message signs, digital displays, or lighted static displays such as LED. 10. Include moving elements (kinetic art) or simulate movement. 11. Include water features of any sort. 12. Interfere with official traffic control devices, nor interfere with the operational right-of- way above the roadway. 13. Be placed within State right-of-way upon trees, or painted or drawn upon rocks or other existing natural features. 14. Make use of or simulate colors or combinations of colors usually reserved for official traffic control devices described in the Texas Manual on Uniform Traffic Control Devices. 15. Require the removal of trees or other vegetation for visibility, or harm trees during construction. Pruning of tree branches or roots, and removal of shrubs should be avoided. 16. Negatively impact existing highway features, including existing signs, irrigation systems, necessary drainage patterns, and facilities. Contract No. 17-4XX0002 Interlocal Gateway Monument 04/27/2021 4 of 7 SECTION 5. MAINTENANCE The Local Entity shall provide regularly scheduled maintenance, as described in Attachment “B,” the Local Entity’s Final Gateway Monument Proposal, for its projected lifespan. Maintenance shall include, but not be limited to, restoration work to maintain the integrity of the approved Gateway Monument, maintenance of any associated landscaping or lighting, and graffiti removal. Gateway Monuments shall be kept clean, free of graffiti, and in good repair. Graffiti removal shall conform to the most current State policies and guidelines, which require prompt removal of offensive messages and timely removal of all other graffiti. Maintenance practices of the Local Entity or its agent shall protect air and water quality as required by federal and state law. SECTION 6. MONUMENT REMOVAL The Local Entity shall remove the Gateway Monument covered by this agreement, if in the opinion of the State, it creates safety or operational concerns due to deterioration or inadequate maintenance or upon termination of the main Gateway Monument Agreement. The State will notify the Local Entity when it has determined that the Gateway Monument requires special attention. In the event the Local Entity fails to maintain, repair, rehabilitate, or remove the Gateway Monument in a timely manner, the State may choose to remove the Gateway Monument after thirty (30) days following notification to the Local Entity, and bill the Local Entity for all costs of removal and restoration of the area. The State reserves the right to remove the Gateway Monument due to construction, rehabilitation, violation of the terms of this agreement, or other necessary activities affecting the transportation facilities without any obligation, compensation to, or approval of the Local Entity. The State will strive to notify the Local Entity of its intent to remove the Gateway Monument to allow for timely removal and salvage by the Local Entity, if possible. The State reserves the right to remove or alter any Gateway Monument that presents an immediate safety hazard to the public without delay or advanced notification to the Local Entity. SECTION 7. USE OF CONTRACTOR OR GROUP The Local Entity shall have the right to engage any responsible Contractor or group to perform or provide any portion of the Local Entity's Gateway Monument activities specified in this Agreement. However, notwithstanding this provision, the Local Entity shall continue to remain responsible to the State to ensure performance of all its duties and responsibilities specified in this Agreement. The Local Entity shall ensure that any Contractor or group complies with all provisions of this agreement, and federal, state, and local laws, and regulations as may be applicable. In the event the Local Entity engages a Contractor to perform Gateway Monument construction or maintenance activities under this Agreement, the Local Entity shall ensure that said Contractor shall indemnify the State for any and all damages and claims for damages by said Contractor, its employees, agents, or representatives, including any claims resulting from bodily injury or death to others, or, for loss of or damage to property of others, arising out of, incident to, or in any manner connected to Gateway Monument construction or maintenance Contract No. 17-4XX0002 Interlocal Gateway Monument 04/27/2021 5 of 7 activities, and, for any or all liability arising from the negligent acts of said Contractor, its employees, agents, or representatives. In the event the Local Entity engages and approves a responsible group to perform Gateway Monument construction or maintenance activities under this Agreement, the Local Entity shall require and ensure that said Contractor or group follow all the terms of this Agreement as well as all Attachments. SECTION 8. INDEMNIFICATION The Local Entity and the State each acknowledge responsibility for the acts, deeds, errors and omissions of its own employees. The parties agree that the Texas Tort Claims Act pertaining to governmental liability for tortious conduct and/or property damage shall apply to this Agreement. The Local Entity shall also indemnify and save harmless the State from any and all expense, including, but not limited to, attorney fees, which may be incurred by the State in litigation or otherwise resisting a claim or liabilities that may be imposed on the State as a result of error, omission, or act of the Local Entity, its agents, or its employees. SECTION 9. TERMINATION This Agreement may be terminated under any of the following conditions: A. By mutual written agreement and consent of both parties; or B. By either party upon giving the other party thirty (30) days prior written notice; or C. By the State, in the event the State determines that the Gateway Monument is not in the best interest of the traveling public. If either party terminates this Agreement, as provided herein, the Local Entity will be responsible for repair or removal of the Gateway Monument. In the event that the Local Entity does not provide the repair or removal services, the State may remove or repair the Gateway Monument and shall be entitled to reimbursement from the Local Entity for any reasonable costs incurred by the State to restore the State's right of way to its original condition. SECTION 10. AMENDMENTS Amendments to this Agreement shall be in writing and shall be executed by both parties. SECTION 11. AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under 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 considers relevant to the investigation or audit. Contract No. 17-4XX0002 Interlocal Gateway Monument 04/27/2021 6 of 7 SECTION 12. SUCCESSORS AND ASSIGNS Subject to the provisions of Section 7, the Local Entity shall not assign or otherwise transfer its rights and obligations under this Agreement except with prior written consent of the State, and any prohibited assignment or transfer shall be null and void. SECTION 13. REMEDIES This Agreement shall not be considered as specifying the exclusive remedy for any default. All legal remedies may be pursued by either party and shall be cumulative. SECTION 14. INSURANCE If this agreement authorizes the Local Entity or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on the State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. SECTION 15. NOTICES All notices to either party by the other under this Agreement shall be delivered personally or sent by U.S. mail, postage prepaid, addressed to such party at the following addresses: STATE : Texas Department of Transportation District Engineer 2591 North Earl Rudder Freeway Bryan, Texas 77803 LOCAL ENTITY: City of College Station Attn: Director of Public Works P.O. Box 9960 College Station, Texas 77842 SECTION 16. GRATUITIES Texas Transportation Commission policy mandates that employees of the State shall not accept any benefits, gifts, or favors from any person doing business or who reasonably speaking may do business with the State under this Agreement. Any person doing business with or who may reasonably speaking do business with the State under this Agreement may not make any offer of benefits, gifts or favors to State employees. Failure on the part of the Local Entity to adhere to this policy may result in the termination of this Agreement. Contract No. 17-4XX0002 Interlocal Gateway Monument 04/27/2021 7 of 7 SECTION 17. INCORPORATION OF PROVISIONS Attachments “A” and “B” are made part of this contract. The parties shall comply with the provisions of Attachments “A” and “B” as if they were set forth in full within the body of this contract. SECTION 18. SIGNATORY WARRANTY Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THEREFORE, the Parties have executed this Agreement in duplicate originals. THE CITY OF COLLEGE STATION THE STATE OF TEXAS Certified as being executed for the By: _______________________ purpose and effect of activating and/or carrying out the orders, Title: _____________________ established policies or work programs heretofore approved and authorized Date: _____________________ by The Texas Transportation Commission Attest: ____________________ By: ______________________ City Clerk Bryan District Engineer Date: ____________________ Approved as to form: __________________________ City Attorney List of Attachments: “A” – Project Map for Gateway Monument “B” - Local Entity’s Final Gateway Monument Proposal Contract No. 17-4XX0002 Attachment A 1 of 1 Attachment A Project Map for Gateway Monument Contract No. 17-4XX0002 Attachment B ATTACHMENT B Local Entity’s Final Gateway Monument Proposal 6-8-2023 PGAL TBPE REG. NO: F-2742 6-8-2023 PGAL TBPE REG. NO: F-2742 1STORM WATER POLLUTION PREVENTION PLAN DETAILSFILE NAME:PROJECT LOCATIONPROJECT NAMESHEET NUMBERSHEET TITLEREGISTRATIONDRAWING HISTORYARCHITECTCLIENTDATESTAMP:PROJECT NUMBERwww.pgal.comHouston, TX 77042Suite 2003131 Briarpark Dr.PGALF 713 622 1444T 713 622 1444Nov. 202211/9/2022 1:27:12 PM C1.22STORM WATERPOLLUTIONPREVENTIONPLAN DETAILSCITY OFCOLLEGESTATION ENTRYMONUMENTSIGNHWY 47 ANDHWY 60INTERSECTIONCITY OF COLLEGESTATION T 979-764-3500Copyright © 20231101 TEXAS AVE.COLLEGESTATION, TX 778401003715№. DATEDESCRIPTIONPGAL TBPE REG. NO: F-27426-8-2023 GENERAL NOTES:FILE NAME:PROJECT LOCATION PROJECT NAME SHEET NUMBER SHEET TITLE REGISTRATION DRAWING HISTORY ARCHITECT CLIENT DATESTAMP:PROJECT NUMBER www.pgal.com Houston, TX 77042 Suite 200 3131 Briarpark Dr. PGAL F 713 622 1444 T 713 622 1444 Nov. 2022 11/9/2022 1:27:12 PMS1.01 STRUCTURAL PLAN DETAILS CITY OF COLLEGE STATION ENTRY MONUMENT SIGN HWY 47 AND HWY 60 INTERSECTION CITY OF COLLEGE STATION T 979-764-3500 Copyright © 2022 1101 TEXAS AVE. COLLEGESTATION, TX 77840 1003715 №. DATE DESCRIPTION 06/09/2023 City of College Station Gateway Monument Sign Maintenance Plan Location: The monument will be located between the southeast bound frontage road and main lanes south of Highway 47 at the intersection of Highway 60 within the TXDOT Right of Way. The sign location is accessible by the southeast bound feeder road and there is ample room on the site for staging for construction and maintenance activities. Traffic Control will not be needed for maintenance activities. Description: The monument will be constructed with durable materials on a structural foundation. There will be no landscaping features requiring irrigation or maintenance. Maintenance Requirements: Monument: For the first year the contractor will be responsible for maintenance and repairs to the sign. Once the 1-year construction warranty has expired the City of College Station will take over responsibility for maintenance and repairs. The monument will be inspected on a quarterly basis yearly and maintenance activities or repairs will take place as they are required. Maintenance will include restoration work to maintain the integrity of the approved Gateway Monument, maintenance of lighting/solar system, and graffiti removal as required. The monument will be kept clean, free of graffiti and in good repair. Graffiti removal shall conform to the most current TXDOT policies and guidelines, which require prompt removal of offensive messages and timely removal of all other graffiti. Landscaping: The surrounding grass area will be mowed by typical TXDOT mowing schedules, however additional weed edging needed to keep the sign from being overgrown with weeds and grass will be done by the City of College Station as needed throughout the year.