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Home My WebLink AboutResolution No. R2022-10 RESOLUTION NO. R2022-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING A MULTI-YEAR AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT-OF-WAY WITH THE STATE OF TEXAS FOR THE ANNUAL FOURTH OF JULY 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 FM2351 and Whispering Pines for the 2022 parade and future parades held on July 4`'in years 2023 through 2026; and WHEREAS, such parades shall begin at 10:00 a.m. and conclude at 11:45 a.m.; and WHEREAS, the State of Texas, acting by and through the Texas Department of Transportation, and the City of Friendswood seek to enter into a multi-year agreement for the temporary closure of FM 518 between FM 2351 and Whispering Pines for the July 4' parade in years 2022 through 2026; 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 and that the annual Fourth of July parade serves a public purpose. Section 2. That the City Council authorizes the City of Friendswood,acting by and through its City Manager,to enter into the Multi-Year Agreement for the Temporary Closure of State Right-of- Way with the State of Texas, for the annual Fourth of July Parade. 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 affirmative vote of the City Council of the City of Friendswood on this the 7'day of March,2022. Mayor ATTE I�N�s LE CIA BRYSCH,City Secret _ ,. DLO O APPROVED AS TO FORM: ATE O F RNER, City Attorney HACity Council\Resolutions\2022\03-07-2022\R2022-XX 4th of July Parade Multi-Year Agreement.docx Exhibit "A" Agreement No. District# Code Chart 64# Project: STATE OF TEXAS § COUNTY OF GALVESTON § AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT OF WAY — MULTI-YEAR AGREEMENT 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, Texas, 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 (S. Friendswood Drive), in Galveston County; and WHEREAS, the local government has requested the temporary closure of FM 518 (S. Friendswood Drive) from FM 2351 to Whispering Pines in the City of Friendswood for the purpose of Annual Fourth of July Parade, from 10:00 a.m. to 11:45 a.m. 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 7t—" day of March, 2022, the Friendswood City Council passed Resolution 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 the maximum Traffic Closure Incorporated (TEA30B) Page 1 of 9 Rev. 02/22/2019 Agreement No. District# Code Chart 64# Project: duration of this agreement shall not exceed five years unless terminated or modified as hereinafter provided. Article 2. EVENT DESCRIPTION The annual City of Friendswood Fourth of July Parade is held every July 4th (no matter what day of the week it falls on) in years 2022 through 2026. The parade requires the use of FM 518 (S. Friendswood Drive) between FM 2351 and Whispering Pines. The parade begins at 10:00 am and concludes at 11 :45 am. The roadway is a divided four lane (2 north, 2 south), concrete road with no shoulder. The road is constructed to include dedicated turn lanes and median crossover openings. The parade participants are directed from north to south in the southbound lanes. The northbound lane is closed and used for emergency vehicle use only during the parade. Spectators line up on both sides of the roadway. The parade usually features approximately 100 entries consisting of commercial floats, walking units, non- commercial floats, political figures (single car), auto clubs, bands and horses. Traffic control measures (barricades and police officers) are assigned in accordance with the traffic plan. See "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 Traffic Closure Incorporated (TEA30B) Page 2 of 9 Rev. 02/22/2019 Agreement No. District# Code Chart 64# Project: 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 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 Traffic Closure Incorporated (TEA3013) Page 3 of 9 Rev. 02/22/2019 Agreement No. District# Code Chart 64# Project: 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 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 Traffic Closure Incorporated (TEA30B) Page 4 of 9 Rev. 02/22/2019 Agreement No. District# Code Chart 64# Project: 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 Friendswood Police Department Michael Burns Patrol Division Commander Traffic Engineering 1600 Whitaker Drive Special Projects Support Operations 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. 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 Morad Kabiri City Manager Traffic Closure Incorporated (TEA30B) Page 5 of 9 Rev. 02/22/2019 Agreement No. District# Code Chart 64# Project: 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 (TEA30B) Page 6 of 9 Rev. 02/22/2019 Agreement No. District# Code Chart 64# Project: Exhibit A "Event" The annual Cirt of Friendswood Fourth of July Parade is held every July 4t" (no matter what day of the week it falls on) in years 2022 through 2026. The parade requires the use of FM 518 (S. Friendswood Drive) between FM 2351 and Whispering Pines. The parade begins at 10:00 a.m. and concludes at 11 :45 am. The roadway is a divided four lane (2 north, 2 south), concrete road with no shoulder. The road is constructed to include dedicated turn lanes and median crossover openings. The parade participants are directed from north to south in the southbound lanes. The northbound lane is closed and used for emergency vehicle use only during the parade. Spectators line up on both sides of the roadway. The parade usually features approximately 100 entries consisting of commercial floats, walking units, non- commercial floats, political figures (single car), auto clubs, bands and horses. Traffic control measures (barricades and police officers) are assigned in accordance with the traffic plan. See "Exhibit C". Traffic Closure Incorporated (TEA30B) Page 7 of 9 Rev. 02/22/2019 Agreement No. District# Code Chart 64# Project: Exhibit B Resolution A resolution for the Friendswood, Texas City Council, approving a multi-year agreement for temporary closure of a segment of the State Right-of-Way for the annual Fourth of July Parade is attached. Traffic Closure Incorporated (TEA3013) Page 8 of 9 Rev. 02/22/2019 Agreement No. District# Code Chart 64# Project: I Exhibit C LOCATION MAP Traffic Control Plan and map are attached. Traffic Closure Incorporated (TEA30B) Page 9 of 9 Rev. 02/22/2019 M Exhibit C 40 City of Friendswood Traffic Control Plan "Friendswood 4th of July Parade" July 4, 10:00 a.m. to 11:45 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 traff c for emergency traffic only. Police Department • 1600 Whitaker Drive • Friendswood,Texas 775464177 • Fax(281)482-9318 Office of the Chief • Administration and Records • Public Safety Communications Center (281)996-3313 (281)996-3318 (281)996-3300 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 City's Official newspaper CivicClerk Email Notification program City Website City Facebook Page City Twitter release Contact Persons Mr. James Toney, Director, Community Services Division (281) 996-3229 Lt. 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