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Home My WebLink AboutResolution No. R2023-22 RESOLUTION NO. R2023-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, RATIFYING THE AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT-OF-WAY WITH THE STATE OF TEXAS FOR THE FRIENDSWOOD HIGH SCHOOL HOMECOMING PARADE; AND PROVIDING AN EFFECTIVE DATE. ************************************************************************************* WHEREAS,the State owns and operates a system of highways for public use and benefit,including FM 518 and FM 2351 in Galveston County, Texas; and WHEREAS, the City Council of the City of Friendswood, Texas, has requested the temporary closure of FM 518 (S. Friendswood Drive) between FM 2351 and Clearview Drive for the Friendswood High School Homecoming Parade to be held on October 5,2023,between 6:30 p.m. and 7:00 p.m.; and WHEREAS, the State of Texas, acting by and through the Texas Department of Transportation, and the City of Friendswood sought to enter into an agreement for the temporary closure of FM 518 between FM 2351 and Clearview Drive for the above-referenced parade; and WHEREAS, since the number of days between the date of this meeting and the date of the parade is less than thirty (30),the City Manager has executed the agreement and is requesting that Council ratify the same; and WHEREAS, the City Council desires to ratify the agreement so that Friendswood Independent School District may hold its 2023 Friendswood High School Homecoming Parade;NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,STATE OF TEXAS: Section 1. That the City Council of the City of Friendswood, Texas, finds that the above- referenced recitals are true and correct. Section 2. That the City Council ratifies the Agreement for the Temporary Closure of State Right-of-Way with the State of Texas,for the Friendswood High School Homecoming Parade to be held on October 5,2023,between 6:30 p.m. and 7:00 p.m. Such agreement is attached hereto as Exhibit"A" and incorporated herein for all purposes. Section 3. That this resolution shall be effective immediately upon its passage and approval. PASSED,APPROVED and ADOPTED by the aff •ative vote of the City Council of the City of Friendswood on this the 11th day of September,2023. ijiA d/.a ./EEi. / IlArF0 t. .441 Mayor ATT' A A I AMI Of AIM ii F,.KENOS LETICIA BRYSCH,City Se - , "�:=rri 0 U t' R' ; 0 • ik, * APPROVED AS TO FO' . * o) cVrirV-LQA sTxi rE OF-C— KAREN L. HORNER, City Attorney H:\City Council\Resolutions\2023\09-I 1-2023\Resolution-TxDOT Agreement for the Friendswood ISD Homecoming Parade.docx Exhibit "A" Agreement No. STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT OF WAY 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 FRIENDSWOOD, a municipal corporation, acting by and through its duly authorized officers, hereinafter called the "local government." WITNESSETH WHEREAS, the State owns and operates a system of highways for public use and benefit, including FM 518 , in GALVESTON , County; and WHEREAS, the local government has requested the temporary closure of FM 518 (S. FRIENDSWOOD DRIVE) BETWEEN FM 2351 AND CLEARVIEW DRIVE for the purpose of FRIENDSWOOD HIGH SCHOOL HOMECOMING PARADE, from 6:30 PM to 7:00 PM as described in the attached "Exhibit A," hereinafter identified as the "Event;" and WHEREAS, the Event will be located within the local government's incorporated area; and WHEREAS, the State, in recognition of the public purpose of the Event, wishes to cooperate with the City so long as the safety and convenience of the traveling public is ensured and that the closure of the State's right of way will be performed within the State's requirements; and WHEREAS, on the 11th day of SEPTEMBER , 2023, the FRIENDSWOOD City Council passed Resolution / Ordinance No. , attached hereto and identified as "Exhibit B," establishing that the Event serves a public purpose and authorizing the local government to enter into this agreement with the State; and WHEREAS, 43 TAC, Section 22.12 establishes the rules and procedures for the temporary closure of a segment of the State highway system; and WHEREAS, this agreement has been developed in accordance with the rules and procedures of 43 TAC, Section 22.12; 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: AGREEMENT Article 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Event or unless terminated or modified as hereinafter provided. Traffic Closure Incorporated (TEA30A) Page 1 of 8 Rev. 02/22/2019 Agreement No. Article 2. EVENT DESCRIPTION The physical description of the limits of the Event, including county names and highway numbers, the number of lanes the highway has and the number of lanes to be used, the proposed schedule of start and stop times and dates at each location, a brief description of the proposed activities involved, approximate number of people attending the Event, the number and types of animals and equipment, planned physical modifications of any man- made or natural features in or adjacent to the right of way involved shall be attached hereto along with a location map and identified as "Exhibit C." Article 3. OPERATIONS OF THE EVENT A. The local government shall assume all costs for the operations associated with the Event, to include but not limited to, plan development, materials, labor, public notification, providing protective barriers and barricades, protection of highway traffic and highway facilities, and all traffic control and temporary signing. B. The local government shall submit to the State for review and approval the construction plans, if construction or modifications to the State's right of way is required, the traffic control and signing plans, traffic enforcement plans, and all other plans deemed necessary by the State. The State may require that any traffic control plans of sufficient complexity be signed, sealed and dated by a registered professional engineer. The traffic control plan shall be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. All temporary traffic control devices used on state highway right of way must be included in the State's Compliant Work Zone Traffic Control Devices List. The State reserves the right to inspect the implementation of the traffic control plan and if it is found to be inadequate, the local government will bring the traffic control into compliance with the originally submitted plan, upon written notice from the State noting the required changes, prior to the event. The State may request changes to the traffic control plan in order to ensure public safety due to changing or unforeseen circumstances regarding the closure. C. The local government will ensure that the appropriate law enforcement agency has reviewed the traffic control for the closures and that the agency has deemed them to be adequate. If the law enforcement agency is unsure as to the adequacy of the traffic control, it will contact the State for consultation no less than 10 workdays prior to the closure. D. The local government will complete all revisions to the traffic control plan as requested by the State within the required timeframe or that the agreement will be terminated upon written notice from the State to the local government. The local government hereby agrees that any failure to cooperate with the State may constitute reckless endangerment of the public and that the Texas Department of Public Safety may be notified of the situation as soon as possible for the appropriate action and failing to follow the traffic control plan or State instructions may result in a denial of future use of the right of way for three years. E. The local government will not initiate closure prior to 24 hours before the scheduled Event and all barriers and barricades will be removed and the highway reopened to traffic within 24 hours after the completion of the Event. F. The local government will provide adequate enforcement personnel to prevent vehicles from stopping and parking along the main lanes of highway right of way and otherwise prevent interference with the main lane traffic by both vehicles and pedestrians. The local government will prepare a traffic enforcement plan, to be approved by the State in writing at least 48 hours prior to the scheduled Event. Additionally, the local government shall provide to the State a letter of certification from the law enforcement agency that will be providing traffic control for the Event, certifying that they agree with the enforcement plan and will be able to meet its requirements. G. The local government hereby assures the State that there will be appropriate passage Traffic Closure Incorporated (TEA30A) Page 2 of 8 Rev. 02/22/2019 Agreement No. allowance for emergency vehicle travel and adequate access for abutting property owners during construction and closure of the highway facility. These allowances and accesses will be included in the local government's traffic control plan. H. The local government will avoid or minimize damage, and will, at its own expense, restore or repair damage occurring outside the State's right of way and restore or repair the State's right of way, including, but not limited to, roadway and drainage structures, signs, overhead signs, pavement markings, traffic signals, power poles and pavement, etc. to a condition equal to that existing before the closure, and, to the extent practicable, restore the natural and cultural environment in accordance with federal and state law, including landscape and historical features. Article 4. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the local government will remain the property of the local government. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. Article 5. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By the State upon determination that use of the State's right of way is not feasible or is not in the best interest of the State and the traveling public. (3) By either party, upon the failure of the other party to fulfill the obligations as set forth herein. (4) By satisfactory completion of all services and obligations as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations, and liabilities of the State and local government under this agreement. If the potential termination of this agreement is due to the failure of the local government to fulfill its contractual obligations as set forth herein, the State will notify the local government that possible breach of contract has occurred. The local government must remedy the breach as outlined by the State within ten (10) days from receipt of the State's notification. In the event the local government does not remedy the breach to the satisfaction of the State, the local government shall be liable to the State for the costs of remedying the breach and any additional costs occasioned by the State. Article 6. DISPUTES Should disputes arise as to the parties' responsibilities or additional work under this agreement, the State's decision shall be final and binding. Article 7. RESPONSIBILITIES OF THE PARTIES The State and the Local Government 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. Article 8. INSURANCE A. Prior to beginning any work upon the State's right of way, the local government and/or its contractors shall furnish to the State a completed "Certificate of Insurance" (TxDOT Form 1560, latest edition) and shall maintain the insurance in full force and effect during the period Traffic Closure Incorporated (TEA30A) Page 3 of 8 Rev. 02/22/2019 Agreement No. that the local government and/or its contractors are encroaching upon the State right of way. B. In the event the local government is a self-insured entity, the local government shall provide the State proof of its self-insurance. The local government agrees to pay any and all claims and damages that may occur during the period of this closing of the highway in accordance with the terms of this agreement. Article 9. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the local government and the State. Article 10. COMPLIANCE WITH LAWS The local government shall comply with all applicable federal, state and local environmental laws, regulations, ordinances and any conditions or restrictions required by the State to protect the natural environment and cultural resources of the State's right of way. Article 11. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Article 12. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the following respective addresses: Local Government: State: CITY OF FRIENDSWOOD Texas Department of Transportation Morad Kabiri, City Manager Eliza C. Paul, P.E. 910 S. Friendswood Drive District Engineer Friendswood, TX 77546 Houston District 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 13. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. Traffic Closure Incorporated (TEA30A) Page 4 of 8 Rev. 02/22/2019 Agreement No. Each party is signing this agreement on the date stated beside that party's signature. THE CITY OF FRIENDSWOOD Executed on behalf of the local government by: By Date August 30, 2023 City Official Typed or Printed Name and Title Morad Kabiri City Manager 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 Traffic Closure Incorporated (TEA30A) Page 5 of 8 Rev. 02/22/2019 Agreement No. Exhibit A Traffic Closure Incorporated (TEA30A) Page 6 of 8 Rev. 02/22/2019 ' c City of Friendswood Traffic Control Plan "Friendswood High School Homecoming Parade" Thursday, October 5, 2023, 6:30 pm Farm to Market Traffic Stopping Points FM 518 (South Friendswood Drive) Clearview Drive Traffic will be stopped from traveling northbound on FM 518. Traffic will be allowed to travel down Clearview Drive to Quaker Drive to Heritage Drive to Pecan Drive to FM 2351. The reverse route will allow traffic from FM 2351 southbound back to Clearview Drive and FM 518. Intersection of FM 2351 and FM 518 Traffic will not be allowed to travel southbound on FM 518. Traffic will be allowed to go east or west bound on FM 2351. Traffic traveling westbound FM 2351 can take Sunset Drive to FM 528 and back to FM 518. Traffic on eastbound FM 2351 can take Blackhawk Blvd. to FM 528 and back to FM 518. Barricade and traffic cones will be used at intersections on FM 2351 and FM518 and secondary streets to help control traffic along the parade route. Side streets and parking lots' entrance/exits between above traffic stopping points will be monitored by officers' assigned intersections, bicycle officers and officers assigned to vehicles. Northbound traffic on FM 518 will be directed down Clearview Drive. Traffic can turn north onto Quaker Drive to FM 2351. Traffic can turn back northbound onto FM 518. FM 518 traffic will be stopped ten(10)minutes prior to parade start time. (6:30 pm) Note: FM 518 northbound lane will be kept clear of traffic for emergency traffic only. Information Posting (Minimum 10 days in advance of event) City of Friendswood Channel 17 Comcast cable service, and ATT Uverse Channel 99 City of Friendswood Electronic Bill Board, Stevenson Park on FM 518 CivicSend email notification program CivicReady email and text notification Police Department • 1600 Whitaker Drive • Friendswood,Texas 77546-4177 • Fax(281)482-9318 Office of the Chief • Administration and Records • Public Safety Communications Center (281)996-3313 (281)996-3318 (281)996-3300 City website,Facebook and Twitter Other news media Capt. Dennis Senter, Patrol Commander 281-996-3321 Lt. James Price, Parade Master 281-996-3371 2 Agreement No. Exhibit B (Insert Resolution) Traffic Closure Incorporated (TEA30A) Page 7 of 8 Rev. 02/22/2019 Agreement No. Exhibit C Traffic Closure Incorporated (TEA30A) Page 8 of 8 Rev. 02/22/2019 Friendswood High School Homecoming Parade&Pep Rally Thursday,October 5,2023 6:30 p.m.to 7:00 p.m. Police Barricades Parade oute Detour Route .74,/ /: t R4:11-71-1-777M,' ''t X� y yT ' .°'s\)`•\ 0 _///x/ z/ c • \/f OJp,. , , �� / -O ./ YqQ OQ.<`$ vk ti .S. Y\+0' .,7F / l ;,,.7 40/ ( <>?0,' , #4 046X, \e-\\.• eP+.' . ., 440 .,x tip' Vip it../ ‘› lz,,,,N, \ '\,,,t. 'S4 \,tfz x AO, , ;. l q /,(4/..<2134'•-/ • ,,, v, • "e's q / / >10&\.._' ',\,\ ///' / 4 il".(f\ahlr: s .\ \$, ,r, ',//''/, //, fity././/;;470:4,y;r1//f:4741'*474;(6:\4::::A>,\<:\ 1.11: �F, a ;,, r , % /� �, Fy T r / .�% ♦� f/* i ."/f/,', \ /� : �` off( / /FR�/ >S/` DSO fn ✓ 1Y ;/ < f! \! 71° $ \ \\ $ ç/ ` /