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HomeMy WebLinkAboutResolution No. 2014-11 RESOLUTION NO. R2014-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE TEMPORARY CLOSURE OF FM 518 FOR THE PURPOSE OF THE ANNUAL FOURTH OF JULY PARADE. WHEREAS, The City Council desires to formally enter into an agreement with the Texas Department of Transportation to close FM 518 (S. Friendswood Drive) between FM 2351 and Whispering Pines in Galveston County; and WHEREAS, the event will be located within the City of Friendswood's incorporated area; and WHEREAS, The State of Texas (hereinafter referred to as the "State") owns and operates a system of highways for public use and benefit within Friendswood, Texas; and WHEREAS, this event serves a public purpose to the City of Friendswood, its citizens and visitors to the city. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREENDSWOOD, TEXAS THAT: Section 1. The city Council does hereby authorize the Mayor to enter into an agreement with the Texas Department of Transportation for the Temporary Closure of State Right of Way. Section 2. The Agreement of the Temporary closure of State Right of Way is hereby attached as "Exhibit A". Section 3. This Resolution shall become effective immediately upon its passage and approval. PASSED, APPROVED,AND RESOLVED this 2nd day of June,2014. CITY OF FRIENDSWOOD: Kevin M. Hdl nd Mayor \` ATTEST: Q� )p � • • • e •0 6 Melinda T � �� ®°°• City Secretary N 82014-11 2 R2014-11 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 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 1& Friendswood Drive) for the purpose of the 119th Annual Friendswood 4t of July Parade, from July 4, 2014 at 9:OOAM to July 4, 2014 at 11:45AM 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 2nd day of June, 2014, the Friendswood City Council passed Resolution / Ordinance No. 82014-1 1 , 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: Traffic-Traffic-Closure Incorporated (TEA30A) Page 1 of 8 Rev. 05/02/2008 Agreement No. 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. 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. Traffic—Traffic—Closure Incorporated (TEA30A) Page 2 of 8 Rev. 05/0212008 Agreement No. 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 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 Traffic—Traffic—Closure Incorporated (TEA30A) Page 3 of 8 Rev. 05/02/2008 Agreement No. 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 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: Traffic—Traffic—Closure Incorporated (TEA30A) Page 4 of 8 Rev. 05/02/2008 Agreement No. Local Government: State: City of Friendswood Police Department Texas Department of Transportation Captain Shari Burrows Michael W. Alford, P.E. 1600 Whitaker Ave. Friendswood, TX 77546 P.O. Box 1386 Houston.Texas 77251-1386 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. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF FRIENDSWOOD Execut d o , behalf of the local government by: By �( j Date 6/2/14 Kevin Holla.d Mayor;, ity of Friendswood 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 VVlti./ 6 Date District En beer Traffic—Traffic—Closure Incorporated (TEA30A) Page 5 of 8 Rev. 05/02/2008 Agreement No. Exhibit A Parade Permit Request Traffic—Traffic—Closure Incorporated (TEA30A) Page 6 of 8 Rev. 05/02/2008 1 os City of Friendswood a TEXA , May 20,2014 Mr. Sylvester E. Onwas, P.E. District Traffic Engineer Houston District Texas Department of Transportation P.O. Box 1386 Houston,Texas 77251-1386 RE: Application for Parade Permit Use of State of Texas Right-of-Way for"Friendswood's 119th 4th of July Parade" Applicant: City of Friendswood Date: Friday,July 4,2014 Location: 200 blk FM 518 (S. Friendswood Dr.)to the 1100 blk FM 518 (S. Friendswood Dr.). Time: 9:00 a.m. to 11:45 a.m. (approximately one (1)hour) and forty-five (45)minutes Distance: Approximately 1 1/2 miles (See attached map) This permit request is for the annual"Friendswood's 119th 4th of July Parade"that will utilize State of Texas Right-of-Way from the 200 block FM 518 to the 1100 block FM 518. The City of Friendswood Police Department will provide traffic control along the parade route. The parade will last approximately one(1)hour and forty-five (45)minutes. A copy of the Certificate of Liability Insurance Form (TxDoT Form 1560) for the City of Friendswood,Traffic Plan and a map showing the parade route is attached. The City of Friendswood will clean up any litter or debris that is a result of the parade. The City of Friendswood contact person will be Mr. Celestino Lopez,281-482-3392. If you need further information or have questions, feel free to contact me at 281-996-3321 or sburrows(iUriendswood.com. Thank you for your help in this matter. Shari Burrows Captain,Patrol Division Attachments cc Mr. James Toney, Director Community Services Lt. Dennis Senter, Assistant Patrol Commander Sgt. Matt Wise, Parade Master Police Department • 1600 wlutaker Drive • Friendswood,Texas 77546-4177 • Fax(281)482-9319 Office of the Chief • Administration and Records • Public Safety Communications Center (281)996-3313 (281)996-3318 (281)996-3300 ' Form 1560 (Rev 04/2007) '"�"" CERTIFICATE OFINSURANCE Previous editions of this form may not be used. GSD-EPC) Page 1 of 2 Prior to the beginning of work,the Contractor shall obtain the minimum insurance and endorsements specified.Only the TxDOT certificate of Insurance form Is acceptable as proof of insurance for department contracts.Agents should complete the form providing all requested information then either fax or mail this form directly to the address listed on page two of this form.Copies of endorsements listed below are not required as attachments to this certificate. Insured: City of Friendswood Street/Mailing Address: 910 S._Friendswood Dr. City/State21p: Friendswood Tx 77546-4856 Phone Number. Area Code (281)996-3200 Workers'Compensation Insurance Coverage: Endorsed with a Waiver of Subrogation in favor of TxDOT. Carrier Name: Texas Municipal League Intergovernmental Risk Pool Carrier Phone M 800-537-6655 Address: 1821 Rutherford Ln City,State,Zip: Austin,TX 78754 Type of Insurance: Policy Number: Effective Date:. Expiration Limits of Liability: _ Date: _ Workers'Compensation 1 6435 1011/13 10/1114 Not Less Than:Statutory-Texas Commercial General Liability Insurance: Endorsed with TxDOT as Additional Insured and with a Waiver of Subrogation in favor of TxDOT. Carrier lame: Texas Municipal League Intergovernmental Risk Pool Carrier Phone M 800-537-6655 Address: 1821 Rutherford Ln City,State,Zip: Austin,TX 78754 Type of Insurance: Number: Effective Date Expiration Limits of Liability: Date: _ Commercial General 6435 1011113 10/1114 Not Less Than: Liability Insurance $600,000 combined single limit Business Automobile Policy: Endorsed with TxDOT as Additional Insured and with a Waiver of Subrogation in favor of TxDOT. Carrier Name: _Texas Municipal League Intergovernmental Risk Pool_ Carrier Phone M 800-537.6655 Address: 1821 Rutherford Ln City,State,Zip: Austin,TX 78754 Type of Insurance: Policy Number: Effective Date: Expiration Limits of Liability: Business Automobile Policy 6435 10/1/13 1011114 Not Less Than: Bodily Injury $250,000 each person Property Damage $500,000 each occurrence $100,000 each occurrence Umbrella Policy(ifapplicable): Carrier Name: NIA —� _ Carrier Phone#: N/A y� Address: N/A City,State,Zip: N/A Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Umbrella Policy NIA NIA NIA N/A N/A -� Agency Name Address City,State Zip Code Texas Municipal I-ea ue Inter overt mental Risl(..Pool 1821 fR,uthetnrd Ln _,Austin, TX 78754 Area Code (800) 537-6655 yft1C l�iL6il'_t�c_3 3/6/2014 Authorized Agent's Phone Number Authorized AgentOriginal Signature Date - This Certificate of Insurance neither affirmatively not negatively amends,extends,or alters the coverage afforded by the above Insurance policies Issued by the named insurance company. Cancellation of the Insurance poildos shall not be made until THIRTY DAYS AFTER the agent or the insurance company has sent written notice by codified mall to the contractor and the Texas Department of Transportation. THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named meet all the requirements stipulated and such policies are in full force and effect. lffi is form is sent by facsimile machine(fax),the sender adopts the document received by TxDOT as a duplicate original and adopts the signature produced by the receiving fax machine as the sender's original signature. 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 555.021 and 553.023 of the Texas Government Code, you also are entitled to receive and review the Information. Under section 559.004 of the Government Cade,you are also entitled to have us correct information about you that Is Incorrect. Fax completed form to: 512/416-2536 Form 1560 (Rev 04/2007) Page 2 of 2 Texas Department of Transportation NOTES TO AGENTS: Agents must provide all requested information then either fax or mail this form directly to the address listed below. Pre-printed limits are the minimum required, if higher limits are provided by the policy, enter the higher limit amount and strike-through or cross out the pre-printed limit. To avoid work suspension, an updated insurance form must reach the address listed below one business day prior to the expiration date. Insurance must be in force in order to perform any work. Binder numbers are not acceptable for policy numbers. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect. Do not refer to specific projects/contracts on this form. The TxDOT certificate of insurance form is the only acceptable proof of insurance for department contracts. List the contractor's legal company name, including the DBA(doing business as) name as the insured or list both the contractor and staff leasing service as insured when a staff leasing service is providing insurance. Over-stamping and/or over-typing entries on the certificate of insurance are not acceptable if such entries change the provisions of the certificate in any manner. This form may be reproduced. The SIGNATURE of the agent is required. CERTIFICATE OF INSURANCE REQUIREMENTS: WORKERS'COMPENSATION INSURANCE: The contractor is required to have Workers' Compensation Insurance if the contractor has any employees including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers' Compensation Law. GROUP HEALTH or ACCIDENT INSURANCE Is not an acceptable substitute for Workers' Compensation. COMMERCIAL GENERAL LIABILITY INSURANCE: If coverages are specified separately,they must be at least these amounts: Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence $100,000 for aggregates MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive General Liability Insurance or Commercial General Liability Insurance. BUSINESS AUTOMOBILE POLICY: The coverage amount for a Business Automobile Policy may be shown as a minimum of $600,000 Combined Single Limit by a typed or printed entry and deletion of the specific amounts listed for Bodily Injury and Property Damage. BASIC AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for Comprehensive Automobile Liability Insurance or Texas Business Automobile Policy. MAIL ALL CERTIFICATES TO: ' Texas Department of Transportation CST-Contract Processing Unit(RA/200—1s'Fl.) 125 E. 11th Street Austin,TX 78701-2483 - 512/416-2540(Voice),512/416-2536(Fax) Agreement No. Exhibit E City of Friendswood Resolution Traffic-Traffic-Closure Incorporated (TEA30A) Page 7 of 8 Rev. 05/02/2008 RESOLUTION NO. R2014-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE TEMPORARY CLOSURE OF FM 518 FOR THE PURPOSE OF THE ANNUAL FOURTH OF JULY PARADE. WHEREAS, The City Council desires to formally enter into an agreement with the Texas Department of Transportation to close FM 518 (S. Friendswood Drive) between FM 2351 and Whispering Pines in Galveston County; and WHEREAS, the event will be located within the City of Friendswood's incorporated area; and WHEREAS, The State of Texas (hereinafter referred to as the "State") owns and operates a system of highways for public use and benefit within Friendswood, Texas; and WHEREAS, this event serves a public purpose to the City of Friendswood, its citizens and visitors to the city. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREINDSWOOD,TEXAS THAT: Section 1. The city Council does hereby authorize the Mayor to enter into an agreement with the Texas Department of Transportation for the Temporary Closure of State Right of Way. Section 2. The Agreement of the Temporary closure of State Right of Way is hereby attached as "Exhibit 1". Section 3. This Resolution shall become effective immediately upon its passage and approval. PASSED,APPROVED, AND RESOLVED this 2 nd day of June,2014. CITY OF FRIENDSWOOD: Kevin M. H �nd Mayor ATTEST: Melinda Welsh, TRMC City Secretary '• o ea 82014-11 2 Agreement No. Exhibit C C1 Parade Map C2 Parade Traffic Control Plan Traffic—Traffic—Closure Incorporated (TEA30A) Page 8 of 8 Rev. 05/02/2008 i I ui 7 w a cV y `T sg a`* as 1'7 T. h�O6 � < t c -T- fl N O "iJS a v pw rnW *!A •a) 6 ui LL¢ JO "Ov A�7 K0 7�o � � Fm5j6 7 v ,�`s z�c1s'N •h 0 m • •- �1 U I7 w !,. • • c.y' c GQ C • i.. G rl' l D w �n h T'. c s tt. ri ew q N 5 c Q� n y v - D `n qL 4 G... F3 a City of Friendswood d � v F 8 rEXA _ • p Traffic Contr©l Plan "Friendswood's 1191h 4th of July Parade" Friday, July 4, 2014 10:00 a.m. Farm to Market Traffic Stopping Points FM 518 (South Friendswood Drive) Whispering Pines Drive Traffic will be stopped from traveling northbound on FM 518. Traffic will be allowed to travel down Whispering Pines Drive/Friendswood-Link Road to Blackhawk Blvd. and north to FM 2351. FM 2351 (West Edgewood Drive) Intersection of FM 2351 and FM 518 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. 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. FM 518 traffic will be stopped ten(10)minutes prior to parade start time. (10:00 a.m.) 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 Traffic Information Radio Station, 1650 AM City of Friendswood Electronic Bill Board, Stevenson Park on FM 518 Police Department • 1600 Whitaker Drive • Friendswood,Texas 77546-4177 • Fax(281)482-9318 Office of(he Chief • Administration and Records Public Safety Communications Center (281)996-3313 (28 J)996-3318 (281)996-3300 City's Official newspaper Mail Logic email notification program. City's Website Contact Persons Mr. James Toney,Director,Community Services Division 281-996-3229 Lt. Dennis Senter,Assistant Police Patrol Commander 281-996-3371 Sgt. Matt Wise,Parade Master 281-996-3329 I I I 2