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R-09-04-09-11B1 - 4/9/2009RESOLUTION NO. R -09-04-09-11B1 WHEREAS, the State of Texas, through the Texas Department of Transportation ("TxDOT") owns and operates a system of highways for public use, including US 79 in Round Rock, and WHEREAS, the City of Round Rock Parks and Recreation Department has made a request to TxDOT that the right lane of US 79, westbound from Red Bud Lane to Harrell Parkway be closed on Sunday, April 19, 2009 from 5:30 o'clock a.m. to 1:00 o'clock p.m. for the Texas Road Rash Inline Skating Marathon ("Event"), and WHEREAS, the City Council has determined that the Event will serve a legitimate public purpose, and WHEREAS, the City Council wishes to enter into an Agreement for the Temporary Closure of State Right -of -Way with TxDOT authorizing the closure of US 79 as set forth above, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Texas Road Rash Inline Skating Marathon will serve a legitimate public purpose, and BE IT FURTHER RESOLVED That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for the Temporary Closure of State Right-of-way with the Texas Department of Transportation, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to 0:\WDOX\RESOLUTI\R90409B1.DOC/zmc the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of April, 2009. ATTEST: ii/i4fiL SARA L. WHITE, City Secretary 2 e)elei 4,, ALAN MCGRAW, Mayor City of Round Rock, Texas STATE OF TEXAS § COUNTY OF TRAVIS § Agreement No. 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 Round Rock, 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 US 79, in Williamson, County; and WHEREAS, the local government has requested the temporary closure of US 79, right Zane, westbound, between North Red Bud Lane and Harrell Parkway for the purpose of the Texas Road Rash Inline Marathon, from April 19, 2009 to April 19, 2009 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 9 day of April, 2009, the Round Rock City Council passed Resolution / Ordinance No. / Street Use Permit , 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—Traffic Closure Incorporated (TEA30A) Page 1 of 8 Rev. 09/29/2006 Article 2. EVENT DESCRIPTION Agreement No. 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—Traffic_Closure Incorporated (TEA30A) Page 2 of 8 Rev. 09/29/2006 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. 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 that the local government and/or its contractors are encroaching upon the State right of way. Traffic—Traffic Closure Incorporated (TEA30A) Page 3 of 8 Rev. 09/29/2006 Agreement No. 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: City of Round Rock Parks and Recreation Attn: Rick Atkins 221 East Main Round Rock, Texas 78664 State: Texas Department of Transportation Lowell D. Choate, P.E. Maintenance Operations P. O. Drawer 15426 Austin, Texas 78761-5426 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 ROUND ROCK Executed on behalf of the local government by: Traffic—Traffic Closure Incorporated (TEA30A) Page 4 of 8 Rev. 09/29/2006 Agreement No. By DateApril 9, 2009 City Official Typed or Printed Name and Title Alan McGraw Mayor 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—Traffic Closure Incorporated (TEA30A) Page 5 of 8 Rev. 09/29/2006 Traffic—Traffic Closure Incorporated (TEA30A) Agreement No. Exhibit A Page 6 of 8 Rev. 09/29/2006 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY February 28, 2009 Mayor Alan McGraw Mayor Pro -tem Joe Clifford Councilmembers Rufus Honeycutt Carlos T. Salinas Scott Rhode Kris Whitfield George White City Manager James R. Nuse, P.E. City Attorney Stephan L. Sheets Texas Department of Transportation, Austin District PO Drawer 15426 Austin, Texas 78761-5426 Dear Ms. Trevino: The City of Round Rock Parks and Recreation will host the 6th Annual Texas Road Rash Inline Skate Marathon on Sunday, April 19, 2009. We will also be having some races within the Dell Diamond on Saturday, April 18, 2009, but they will not require any road closures. This event attracts more than 200 inline skaters across the United States and some countries and helps Round Rock, the Sports Capital of Texas, provide an inline skating event for the community. Last year, the Texas Road Rash was very successful with the assistance of your agencies. The City of Round Rock Parks and Recreation requests the closure of one south -bound lane of CR 122 and the closure of the shoulder and the far right lane of west -bound HWY 79 from CR 122 to Harrell Parkway from 5:30 am — 1:OOpm on Sunday, April 19, 2009. This will insure the safety of our inline skaters as they complete our looped course. I understand that the following items must occur in order for your agency to grant us permission to close the lanes of traffic. (enclosed) 1) Round Rock Parks and Recreation must have a signed agreement from the City. 2) Barricade Plan 3) Engineering Plan from the Traffic Department 4) Number of participants 5) Certificate of Insurance 6) Letter from law enforcement stating their involvement 7) Overall view of the race and layout. 8) City of Round Rock Resolution If you have any questions, please call 512-218-5540. Rick Atkins Round Rock Parks and Recreation 512.218-5540 Enclosures CITY OF ROUND ROCK PARKS AND RECREATION DEPT., 301 West Bagdad Ave., Ste. 250 • Round Rock, Texas 78664 Phone 512.218.5540 • Fax 512.218.5548 • www.roundrocktexas.gov 4,..WAViamin Fa at 21111111161. maim Aid Station Aid. Station • Texas Road Rash 1,2 And Full Marathon Course Traffic—Traffic Closure Incorporated (TEA30A) Agreement No. Exhibit B Page 7 of 8 Rev. 09/29/2006 Traffic—Traffic_Closure Incorporated (TEA30A) Agreement No. Exhibit C Page 8 of 8 Rev. 09/29/2006 STATE OF TEXAS § COUNTY OF TRAVIS § Agreement No. ©oY 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 Round Rock, 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 US 79, in Williamson, County; and WHEREAS, the local government has requested the temporary closure of US 79, right lane, westbound, between North Red Bud Lane and Harrell Parkway for the purpose of the Texas Road Rash Inline Marathon, from April 19, 2009 to April 19, 2009 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 9 day of April, 2009, the Round Rock City Council passed Resolution / Ordinance No. / Street Use Permit12.-01-04-l4-I(Nattached 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—Traffic Closure Incorporated (TEA30A) Page 1 of 8 Rev. 09/29/2006 Article 2. EVENT DESCRIPTION Agreement No. 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 Tess 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—Traffic_Closure Incorporated (TEA30A) Page 2 of 8 Rev. 09/29/2006 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. 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 that the local government and/or its contractors are encroaching upon the State right of way. Traffic—Traffic Closure Incorporated (TEA30A) Page 3 of 8 Rev. 09/29/2006 Agreement No. 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: City of Round Rock Parks and Recreation Attn: Rick Atkins 221 East Main Round Rock, Texas 78664 State: Texas Department of Transportation Lowell D. Choate, P.E. Maintenance Operations P. O. Drawer 15426 Austin, Texas 78761-5426 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 ROUND ROCK Executed on behalf of the local government by: Traffic—Traffic Closure Incorporated (TEA30A) Page 4 of 8 Rev. 09/29/2006 .,. Agreement No. By �� DateApril 9, 2009 City Official Typed or Printed Name and Title Alan McGraw Mayor 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—Traffic Closure Incorporated (TEA30A) Page 5 of 8 Rev. 09/29/2006 Traffic—Traffic Closure Incorporated (TEA30A) Agreement No. Exhibit A Page 6 of 8 Rev. 09/29/2006 iv in licIJND ROCK, TES M t ,rw 9-#4;447,4M1111111111 iIIMtiI in i Zia Hammy. riA t.11111111111111I 1147 1114 4111111 Mk os ill.h,VII if.1ii� ortaljt !ammo �� fi`=72 VII ��r` LT iv eft...111111 FA SII .iiiiiin 111x! C -f rr i =! a ;fpsF. .-; = =.a, Aid Station ■ Texas Road Rash assamm112 And FUJI Marathon Course Traffic—Traffic Closure Incorporated (TEA30A) Agreement No. Exhibit B Page 7 of 8 Rev. 09/29/2006 RESOLUTION NO. R -09-04-09-11B1 WHEREAS, the State of Texas, through the Texas Department of Transportation ("TxDOT") owns and operates a system of highways for public use, including US 79 in Round Rock, and WHEREAS, the City of Round Rock Parks and Recreation Department has made a request to TxDOT that the right lane of US 79, westbound from Red Bud Lane to Harrell Parkway be closed on Sunday, April 19, 2009 from 5:30 o'clock a.m. to 1:00 o'clock p.m. for the Texas Road Rash Inline Skating Marathon ("Event"), and WHEREAS, the City Council has determined that the Event will serve a legitimate public purpose, and WHEREAS, the City Council wishes to enter into an Agreement for the Temporary Closure of State Right -of -Way with TxDOT authorizing the closure of US 79 as set forth above, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Texas Road Rash Inline Skating Marathon will serve a legitimate public purpose, and BE IT FURTHER RESOLVED That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for the Temporary Closure of State Right -of -Way with the Texas Department of Transportation, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to 0:\WDOX\RESOLUTI\R90409B1.DOC/rmc the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of April, 2009. ATTEST: SARA L. WHITE, City Secretary 2 ALAN MCGRAW, Mayor City of Round Rock, Texas STATE OF TEXAS Agreement No. COUNTY OF TRAVIS § EXHIBIT 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 Round Rock, a municipal corporation, acting by and through its duly authorized officers, hereinafter called the "local government." 1 4 WITNESSETH WHEREAS, the State owns and operates a system of highways for public use and benefit, including US 79, in Williamson, County; and WHEREAS, the local government has requested the temporary closure of US 79, right lane, westbound, between North Red Bud Lane and Harrell Parkway for the purpose of the Texas Road Rash Inline Marathon, from April 19, 2009 to April 19, 2009 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 9 day of April, 2009, the Round Rock City Council passed Resolution / Ordinance No. / Street Use Permit , 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—Traffic Closure Incorporated (TEA30A) Page 1 of 8 Rev. 09/29/2006 Article 2. EVENT DESCRIPTION Agreement No. 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 govemment 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—Traffic Closure Incorporated (TEA30A) Page 2 of 8 Rev. 09/29/2006 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. 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 ten-nination 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. Traffic—Traffic Closure Incorporated (TEA30A) Page 3 of 8 Rev. 09/29/2006 Areement N. B. In the event the local government is a self-insured entity,ghe 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: City of Round Rock Parks and Recreation Attn: Rick Atkins 221 East Main Round Rock, Texas 78664 State: Texas Department of Transportation Lowell D. Choate, P.E. Maintenance Operations P. O. Drawer 15426 Austin, Texas 78761-5426 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 ROUND ROCK Executed on behalf of the local government by: Traffic—Traffic Closure Incorporated (TEA30A) Page 4 of 8 Rev. 09/29/2006 Agreement No. By DateApril 9, 2009 City Official Typed or Printed Name and Title Alan McGraw Mayor 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—Traffic Closure Incorporated (TEA30A) Page 5 of 8 Rev. 09/29/2006 Traffic—Traffic Closure Incorporated (TEA30A) Agreement No. Exhibit A Page 6 of 8 Rev. 09/29/2006 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. February 28, 2009 Mayor Alan McGraw Mayor Pro -tem Joe Clifford Councilmembers Rufus Honeycutt Carlos T. Salinas Scott Rhode Kris Whitfield George White City Manager James R. Huse. P.E. Texas Department of Transportation, Austin District PO Drawer 15426 Austin, Texas 78761-5426 Dear Ms. Trevino: The City of Round Rock Parks and Recreation will host the 6th Annual Texas Road Rash Inline Skate Marathon on Sunday, April 19, 2009. We will also be having some races within the Dell Diamond on Saturday, April 18, 2009, but they will not require any road closures. This event attracts more than 200 inline skaters across the United States and some countries and helps Round Rock, the Sports Capital of Texas, provide an inline skating event for the community. Last year, the Texas Road Rash was very successful with the assistance of your agencies. The City of Round Rock Parks and Recreation requests the closure of one south -bound lane of CR 122 and the closure of the shoulder and the far right lane of west -bound HWY 79 from CR 122 to Harrell Parkway from 5:30 am — 1:OOpm on Sunday, April 19, 2009. This will insure the safety of our inline skaters as they complete our looped course. I understand that the following items must occur in order for your agency to grant us permission to close the lanes of traffic. (enclosed) 1) Round Rock Parks and Recreation must have a signed agreement from the City. 2) Barricade Plan 3) Engineering Plan from the Traffic Department 4) Number of participants 5) Certificate of Insurance 6) Letter from law enforcement stating their involvement 7) Overall view of the race and layout. 8) City of Round Rock Resolution If you have any questions, please call 512-218-5540. Rick Atkins Round Rock Parks and Recreation 512.218-5540 City Attorney Stephan L. Sheets Enclosures CITY OF ROUND ROCK PARKS AND RECREATION DEPT., 301 West Bagdad Ave., Ste. 25o • Round Rock, Texas 78664 Phone 512.218.5540 • Fax 512.218.5548 • www.roundrocktexas.gov ROUND ROCK TECAS 1U And Full Marathon Course Traffic—Traffic_Closure Incorporated (TEA30A) Agreement No. Exhibit B Page 7 of 8 Rev. 09/29/2006 Traffic—Traffic Closure Incorporated (TEA30A) Exhibit C Agreement No. Page 8 of 8 Rev. 09/29/2006 111....... • 111111 11111 .• �' ■I �N �E 111111 ulna 1:111.11111-1-11%1161111111101 ���_� _�n�uuuu a :gllll������ �11111111111�\ m aiununoq imp• 1lllOu ����1101 ..' 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III BARRICADE - 8 OO+bZZ VIS 3NI7 HOIWJ FCW-20-7A luanD ysej peol sexel pesodoad and ueld I0aiu03 °!Jeal OO+OSZ VIS 3NI1 H31bW anpQ Jepuelal III BARRICADE 00+L£Z 'd1S 3NI1 H3IVW Channelizing Devices (Drums) 00+£9Z VIS 3NI1 H3IVW • vJ O 44 q 44P 44 00+0SZ .VIS 3NI1 HOIVW I' I 1uan3 peo j sexoi pasodoad and ueld Ioa3uo3 oieal , E 2 0 m U N 0 0) raC N C C U 00+9LZ 'VIS 91\1171-101M • • • • • • • • • • 0) • • CO vl • • 44 • • • 44 00+E9Z 'b'1S 3NI1H31WW 0 00+68Z 'b1S 3N11 1 -101.V111 'p^I8 6ulssOJ3 s,uef d 00+9LZ 'b'1S BNII HOIVW 605' Transi Type III Barricades (8') S F- o 0 v0 Z N Z RI Cs) CO IXO w [1 2 U W U F I—ILII Z v1 U ms @ 55' spa iuen3 ysej peoH sexei pasodoad and Ueld IoaquoO oieal 00+ZO£ 'HiS 3NI1 HaIVIN • 8 drums @ 50' spacing • • • • • • a O • • • ••• • • • • • 1 • MATCH LINE STA. 289+00 0) 2 SPECIAL 1.0 ammo. Non annoy g44�' Ni one 03d Channelizing Devices (Drums) 00+ZO£ '`d1S 3NI1 H3IVW 61- PMNSC\ PIONEER CROSSING DR COVERED WAGON TRL MICKEY MANTLE 0 0 d 00 O y cnO Pi 0 n 5 9-0 O 2 N TIFFANY NICOLE MATCHLINE "A" JOSEPH STREET MATCHLINE "A" z v O c. m 0 0 v a a= 0 0 2 0 _ ...,r1114----- rms. mos mammy. 0 g Traffic Control Plan For Proposed Texas Road Rash Event luen9 ysej peoj sexol posodoid and ueld IoanuoO aux.!! .01 ;17. , b4 an19 SH31113S a10 N " 2 a0 H 2 a c O •N O C v Type III Barricade (8') b4 b4 N1 S31VO '0'1 RED BUD LN ..V.. 3Nf"IH3IVW b4 H F'3 U 0) � n 0) C .0 N TD fA o L 0 U g.V.. 3NI1HOIVIN 133a1S 1-1d3SOf .. Sht Sc O15 Revisions V1UNIT OF c TRUDF ION 1� UNIT OF COHSTRUCTI *` i O , • t ?�1t� 1 OCPEO !TY 9 i 76 \ t � 7 l �I R.00• i •2' Purl O`•-0 - i\ ....�.-. 5 •C. IPS I�SO�FLK4T'1P1EA- _ _y�l 1 1 1-1 1 _.1_Ll _ - - +n-s+-•est STA 9�,� R• •-"�,. .-,....«..,-.-•_.-.- ~FUTIfR--t:_k:=:tinkki- C i- -L-1�-1- =di�1�J.=bwl-if ..JaTlaelaria 1-1-L-1-1-1-i Z= tj'1f'lPR �.., l .� OTRERSE7IALK t ___- --_ ___-_----'7"-�BT�_ _ 'J-d•-y-.d.-d_,y--d.,y_^d•-d•d-d• p-� •• •5�J �J '^ LL VJ _TJ"�'• 5191. -�_ n v �/y•�/ -11 —__ -_-------'` ,I' :I: S•�U I' �dyln R•2 R.S. LJ. CR 122 RED BUD N� 1 ? IPRO EC .fir- --- � a ;1; :I: Y �� 't]v Pe •� CON ST94C6I ^� STA. S 60 12' • • • • • j9 • • • C: •:i 9U 50.19•N 12 979 • —._.._. .5 O O -_- --- __ :I: t t .. NIJ•10't .19 9 t I 1rLLy �.—. .•• ;1,..._.l_.T.�. ...I�;._._..---.----- —"— •'0. � /vim)( - I:`_---__ : t :I: •1 i R' '-P.. O CEJ 2'2 X 9•64 I ` - .• -__ CUR T EA •2' S' SI OEIYALK ERO Lt�IJ14!(_ BEGIN NEDIAN.i 0' BUFF TAPER __�� PROPOSED BRIDGE I A• BB•pp ER 5T4 90.pp �J t,tt 3 ASDi/d T PER 1 .Z• 'PED 7.9 t C 5 K APER L 2Do'i � 1 � t u• //� Si AL PED I gp• 1 VJ R. Channelizing Devices (drums) Type III Barricade J O 50' Spacing Date:2/11 009 6 € 111111111 5g=go mrg8 ofiYv 0 C O+00 �-o O 7 N E r-7 OOL EZ'O 7- •- E - O o+ 7aO v3 OLO- L 3 1/3 - TO d 0, 555 GENERAL DESIGN REDUIRELENTS e # 8 6 555555' .02225. 0 0 2 2 0 0 0 a 0 2 0 0 2 4 0 a O co N O A Q a F v: mSa .08 B b ;;; .ab'm5. ..ht "fid ggaY2 j= !eao 'se ig �8y 8 E 2. 8beo-k5oo: ob )121..b6 .EYfib f/f4E^4 `o gg08 !rqq; !!!;:!;1§:!!41,18.i toai'g ei6 ;!ijf; a' ea ¢ ! i1o.; g fi ° St§-.12:.'fg-�skb:t8:EiYSp0`e gg ggg- 55:•:2-t b-'- - ggb >b8 82 `«3a8b 21,-. z8t ^B0.-.. hg men 64, 110, OJlsivwac.�ea& o ., cV4.0c•. . o°i moi 'o c.a.30, J.0 0 04 0,00uoic 0(04 Jo A00 . 0.44 .,o •,I,°C. •e° ° 300.3° .o. ou. 6.00,01 Ruo .*04soa.3 <° .00.. •: au5. e 140.3, 0u3 601M1. w, R0 0w.4..oe s! 0+0°00,. SiW so . n 003 e3nlrVsia 1030 O03 14 N IX4,a'0( 0304 4,rfr 16 D* a aaaz *0 3l5 01033550 11031 Traffic—Traffic_Closure Incorporated (TEA30A) Agreement No. Exhibit C Page 8 of 8 Rev. 09/29/2006 __u 7,1:171:1 II e'�u mo O CHANGEABLE MESSAGE SIGN LEGEND W0 wOz Z wz LU W 0 a w a luen3 usej peoi sexai pasodoad and Ueld loaluoO oujeal OO+bZZ 'VIS 9N11 HaLVIN 0 CNI O 1Mld Ila-IJBH w J mW z 003 QWC75 2 0 00+L£Z 'b'1S BNII HOIVVV ) • • .• 0 • • • • G Wqn CI) • R\ • am/• 0) ti 2 • 144 • . • • • • 0 1 TYP. III BARRICADE - 8' OO+bZZ `d1S 3Ni1 H3IW' 0 N 0 1uanj usej peod sexoi pasodoad ao� ueld loaluoO o!JJeal 00+09Z .VIS 9N11 HOIVVJ aApa Japuelal a 0 • • .1 • • • • • • • • 00+LEZ 'VIS 3NI1 H3IWI 0 y 0 00+E9Z VIS 3NI1 HOlb'W sa3i'00) 0)0)0 a 0 • • . • • bei • • • • • • • • • • • • • • • 44 q 44P 44 00+09Z 'VIS 3NI1 HOEVW Channelizing Devices (Drums) IuaA2 peoel sexe j pesodoid .aod ueId Ioa1uoO owaii 00+9LZ 'VIS 3NIl HO1VW • • • • • • • • • • • • • • • • • • • • 44 a C a grn L 0 44 00+£9Z 'b'1S 3NI1H31VW Channelizing Devices (Drums) 0 00+69Z '111S 3NI1 HOIVIN PAI8 6wssa3 s,ue41 00+9LZ VIS 3NI1 HOIVW O Type III Barricades (8') O C CO m luen3 ysej peoel sexei pesodoad JoJ Ueld JOJTuo3 °meal 00+ZO£ 'b'1S 3NI1 HCIVIN • • • • • • • • • • • 2 F- O 2 toO v u- Z N Z ▪ U w O U - LU 2 H O LU W ZtnO a l0\ • • • N1 one 03d1 • • T Ln ••••• N a F • •• • • SPECIAL 1.0 S1O31',00y 00011,. 0 144P Ni one as 1 • Channelizing Devices (Drums) • • • MATCH LINE STA. 289+00 00+ZO£ •VIS 3NI1 HClVW 0, 0, 1uen3 'peel peoj sexei posodoad and ueId ioaquo3 oioal uq a „V., 3NI1H3lvj „V„ 3NI7HO1VW 1332l1S Hd3SOr • 3100IN ANVddll 311NVW A3)1OMW 1 0,. F- 0 0n 111 1 J co 0 Il 12jJ NOOVM Q313/\OO ba ONISSOHO 2i33NOld 1uan3 ysej peoel sexal pasodoad and ueld loa�uo� oieal 3 cn 0 aA19 SH31113s alO N1 S2IVO '0'1 RED BUD L U ..V.. 3N11Ha1b'W b4 VQ b4 g.v.. 3NI1HaLVW 1332i1S Hd3SOf . . Tuen3 ysej sexai pasodoad aoJ Ueld lonuo3 oieal 0, 0 ro/Re Control Devices', 2 1- a g z o: — o 0 o to Z 0 0 N 2 U U 2 2 a z O M - O ti U N - n m o U Q z z I- a < V) )- Q In CI a Q Cr 4 - Cr O a ▪ r_ Sa o 27.2U Li a a$Sg O 9)N L C 0 CL a o 0 2g) N_O .410 C N — 91 O U .. d t- 7 Z 0 GENERAL DESIGN REQUIREMENTS s1! w0){ 64!4P00aJ sa6nwoo satnos, A04 • p y 40,510/u0O Ow, .100u015 s { 10 .b{ L! 0`su01004 o saunss0100,1♦oyn a 0 4u0 uo{100H100 ,pow s, pu!, Ru {0 4440440* v !400 idso 1.. aui 10 p0u,ao00 s! pAopuo,s 4 c . i {o asn ay1 03MIv!J510 •370 IC Mai .LC SSPKIE4L106 /95r(2 OWMOSIIIP Mayor Alan McGraw Mayor Pro -tem Joe Clifford Councilmembers Rufus Honeycutt Carlos T. Salinas Scott Rhode Kris Whitfield George White City Manager James R. Nuse, P.E. City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. February 28, 2009 Texas Department of Transportation, Austin District PO Drawer 15426 Austin, Texas 78761-5426 Dear Ms. Trevino: The City of Round Rock Parks and Recreation will host the 6th Annual Texas Road Rash Inline Skate Marathon on Sunday, April 19, 2009. We will also be having some races within the Dell Diamond on Saturday, April 18, 2009, but they will not require any road closures. This event attracts more than 200 inline skaters across the United States and some countries and helps Round Rock, the Sports Capital of Texas, provide an inline skating event for the community. Last year, the Texas Road Rash was very successful with the assistance of your agencies. The City of Round Rock Parks and Recreation requests the closure of one south -bound lane of CR 122 and the closure of the shoulder and the far right lane of west -bound HWY 79 from CR 122 to Harrell Parkway from 5:30 am — 1:OOpm on Sunday, April 19, 2009. This will insure the safety of our inline skaters as they complete our looped course. I understand that the following items must occur in order for your agency to grant us permission to close the lanes of traffic. (enclosed) 1) Round Rock Parks and Recreation must have a signed agreement from the City. 2) Barricade Plan 3) Engineering Plan from the Traffic Department 4) Number of participants 5) Certificate of Insurance 6) Letter from law enforcement stating their involvement 7) Overall view of the race and layout. 8) City of Round Rock Resolution If you have any questions, please call 512-218-5540. Rick Atkins Round Rock Parks and Recreation 512.218-5540 Enclosures CITY OF ROUND ROCK PARKS AND RECREATION DEPT., 301 West Bagdad Ave., Ste. 25o • Round Rock, Texas 78664 Phone 512.218.5540 • Fax 512.218.5548 • www.roundrocktexas.gov J CERTIFICATE OF INSURANCE Form 1 560 (Rev 04/2007) Previous editions of this form may not be used. IGSD-EPCJ Page 1 of 2 . . to the beginning of work. the Contractor shall obtain the minimum Insurance and endorsements specified. Only the TxDOT certificate acceptable as prod of insurance for department contracts. Agents should complete the form providing all requested information then either directly to the address listed on page two of this form. Copies of endorsements fisted below are not required as attachments to this certificate. Insured: City of Round Rock Street/Maifing Address: 221 E. Main Ave. City/State/Zip: Round Rock, TX 78664 of insurance form is fax or mail this form Phone Number. Area Code (512) 218-6643 Workers' Compensation Insurance Coverage: Endorsed with a Waiver of Subrogation In favor of TxDOT. Carrier Name: Texas Municipal League Intergovernmental Risk Pool Carrier Phone #: 800-537-6655 Address: 1821 Rutherford Ln Type of Insurance: Policy Number: Workers' Compensation 3127 City, State, Zip: Austin, TX 78754 Effective Date: Expiration Date: Limits of Liability: 10/01/08 10/01/09 Commercial General Liability Insurance: Endorsed with TxDOT as Additional Insured and with a Waiver of Subrogation in favor Not Less Than: Statutory — Texas Business Automoblle Policy: Endorsed with TxDOT as Additional Insured and with a Waiver of Subrogation in Carrier Name: Texas Municipal League intergovernmental Risk Pool Carrier Phone #: 800-537-6655 Address: 1821 Rutherford Ln City, State, Zip Austin, TX 78754 , Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability. Commercial General I `-',Hey Insurance 3127 10/01/08 10/01/09 Not 1 e s Than: $ 600.000 combined single limit Business Automoblle Policy: Endorsed with TxDOT as Additional Insured and with a Waiver of Subrogation in Umbrella Policy (if applicable): Carrier Name: Texas Municipal League Intergovernmental Risk Pool Carrier Phone #: 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 Bodily injury Property Damage 3127 10/01/08 10/01/09 Not Less Than: 5 250,000 each person 5 500,000 each occurrence 5 100.000 earh nm uronru Umbrella Policy (if applicable): Texas Municipal League Intergovernmental Risk Area Code (800) 537-6655 Authorized Agent's Phone Number ty, State Zip Code It 121�� (ford Ln Austin, TX 78754 � . a 9/22/2008 Authorized Agent Original Signature Date This Certificate of Insurance neither affirmatively nor negatively amends, extends, or alters the coverage afforded by the above Insurance policies Issued by the named insurance company. Cancellation of the insurance policies shall not be made until THIRTY DAYS AFTER the agent or the Insurance company has sent written notice by 'Sed mail to the contractor and the Texas Department of Transportation. .o IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the Insurance poikJes named meet all the requirements stipulated and such policies are in full force and effect if this 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 t of s the ected Itils form. Wrth few about thesinfform information we Transportation aboutyou.Under s sections and 5 3.023 of the Texas Government Code, you also are entitles, you are entitled on d to be informed to receive and review the Information. Under section 559.004 of the Government Code, you ere also entitled to have us correct information about you that is incorrect. C.,v i.,rt,rslofci-1 fr,rrr, t, c,'I 9/4 1 R-'7.r,.1A Carrier Name: Carrier Phone #: Address: City, State, Zip: Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Umbrella Policy Agency Name nrrrt..,�r Texas Municipal League Intergovernmental Risk Area Code (800) 537-6655 Authorized Agent's Phone Number ty, State Zip Code It 121�� (ford Ln Austin, TX 78754 � . a 9/22/2008 Authorized Agent Original Signature Date This Certificate of Insurance neither affirmatively nor negatively amends, extends, or alters the coverage afforded by the above Insurance policies Issued by the named insurance company. Cancellation of the insurance policies shall not be made until THIRTY DAYS AFTER the agent or the Insurance company has sent written notice by 'Sed mail to the contractor and the Texas Department of Transportation. .o IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the Insurance poikJes named meet all the requirements stipulated and such policies are in full force and effect if this 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 t of s the ected Itils form. Wrth few about thesinfform information we Transportation aboutyou.Under s sections and 5 3.023 of the Texas Government Code, you also are entitles, you are entitled on d to be informed to receive and review the Information. Under section 559.004 of the Government Code, you ere also entitled to have us correct information about you that is incorrect. C.,v i.,rt,rslofci-1 fr,rrr, t, c,'I 9/4 1 R-'7.r,.1A ROUND ROCK POLICE DEPARTMENT 2701 NORTH MAYS ROUND ROCK, TEXAS 78665 PHONE: (512) 218-5500 FAX: (512) 218-7060 "TO PROTECT and SERVE" February 28, 2009 To: Monic Trevino; TX DOT From: Lt. Bill Dixon Subject: Road closures Please allow this to act as notification that the City of Round Rock Police Department will be providing security and traffic control for the City of Round Rock's Parks and Recreation Department for the Texas Road Rash in the area of Old Settlers Park, CR 122, Harrell Pkwy. and Hwy 79 on Sunday, April 19th 2009. Should you have any further questions please do not hesitate to contact me at 512-218-6659 PD -029-04 (Rev 12/07) ROUND ROCK. TEXAS PI [INTIM:. PASSION. PH051111 Y. Special Events Permit Application Applications must be filed at least fifteen (15) days before the Special Event. There is a fifty dollars (550.00) application fee for each event. if you are uncertain whether your event is considered a Special Event, please contact the City Manager's office for further information and clarification. Date 12_105 / + ,,Y t^• �f Applicant Name d e Uri5— C4 of- �Qvt v d F-ock Address W —Y 6ouriPhone (512-) O1 2- ,1( Organization C61 O-- Auth_ Rep. FaVY- ovA Please check one: ❑ Individual ❑ D/B/A ❑ Organization ❑ Partnership ^' �, ❑Corporation Profit ❑Nonprofit aJo Address o /e- Phone r!il,.iOOV`e- Event title 1 -CMS CLOCCA g -L15 Event location: Du Y i am tind (&t)e_1 `-D; arnotd/pari /c D (22-/ Z2 / lw\j —19 (50- \.) Event Coordinator d -o tc-r IG VI wi 9 Phone (1"2-) $D\ -2(,1L On -Site Contact On Event Day Octry,nL UhYi Phone bov<,. Event Start Date 04/1'3 1d9 Event End Date: 1 /09 Note: Event Cannot Exceed Three Days Event set-up time 'Fri t c i/1, vi y c( i (Not earlier tha :00 a.m7) Event teardown time 51n o a VO IA V\ d 3 2Vvi (Completed not later than 10:00 p.m.) For each day of the week on which the event will be held indicate the starr ........ ti o • Event day Sunday Monday Tuesday Wednesday arra Thursday ueruw: Friday Saturday Start time loop q UOO Stop time .bDo p -q-30p Number of persons expected /2-00-/-a) Number of animals Number of motorized vehicle I.0 9611-t7VS Number of inflatables Stetppo✓+ ov► vodd GIDsures Types of animals Tents or Otber Temporary Structures (Must meet City's Fire and Building Codes): If you are planning to erect tents, canopies, seating, awnings, booths, first aid stations, portable restrooms or other temporary structures, please describe: Quantity Sizes Types Fire Retardant Let -ter 2- jQX 1n b 20 x2J -j-evttg ( of ) Yes X No t I-P,6Gi e -vs Yes X No 10 X 10 Yes (� pthAra LG rrS hAnn VYtS Yes x No Food or Beverages If you are planning on serving or selling food or beverages, please attach copies of any licenses or permits issued by the appropriate agencies for such vendors. Such vending shall be in compliance with all state and local laws. Amplified Sound if you are planning to utilize any loudspeakers or other form of amplified sound, please indicate on the attached sketch or map the location and orientation of those systems. Speakers should not be positioned so as to adversely affect any adjacent residential area between the hours of 7:00 a.m. and 10:00 p.m. Signage If you are planning to use or allow signs at such event, please provide details of any planned signage: Will g0 MITI/1h strias ceof (wad dp614res slow, kite.) Disposal of Wastewater Applicant shall submit a plan for disposal of any wastewater in connection with the Special Event and such plan must be approved by the Utilities Department. Events Layout, Equipment & Parking Plan Please attach a map or sketch of the Event indicating the following: Events Layout, Equipment • Entrance(s) ▪ Exit(s) • Plan of evacuation and proposed fire lanes ▪ Amplified Sounds/Loudspeakers Parking arrangements • Will parking spaces be utilized by this event? Yes X No • Number of parking spaces provided must accommodate projected attendees plus 10% surplus. Also, provide information concerning layout of parking, including aisle widths and size of proposed parking spaces. Parking attendants? Yes No X Ifyes, how many? Will there be any offsite parking? Yes No irl G�if yes and parking is on private property, Applicant must submiita letter ofperrmis ion from property How will attendees be transferred to the Special Event area and returned? p p p fi owner. 2 5fe, atroaried map (v1io tout td cli a.e) y Place a check neat to the items that will be utilized, and indicate location on map or sketch. X Tent(s) Size It) x 1.0 1 W x W Portable Restrooms # Regular N A Dumpster(s) Size 2. Handicap (t) pi X Barricades Quantity 11f3 — 1 j Size N/A a_ 1�th Hot Air Balloon(s) �r � t� P Quantity Supplier NIA Amusement Rides or similar equipment (insurance required) Quantity Type Fire retardant letter(s) Yes No Yes No Yes No Insurance provided X Alcoholic Beverages Giveaway Selling Type X First Aid Stations Quantity '2- Staffin vol leas Yes No Yes No Yes No �I oszAreS (e.g. beer, wine) Ii!/ etrr Other Permits & Fees Please attached copies of any required insurance, surety bonds, permits or other documents as described in Section 1.3400 of the City of Round Rock Code of Ordinances. Check all components that will be part of your event. Additional fees and other permits or reservations may be required. Animals Park property Banners/Signs x Barricades/traffic cones x Portable restrooms x Bleachers/Seating x Fireworks Special parking Street Closures Alcohol X Food Fencing X Electricity x Beverages (non -alcohol) Liquid propane Water hydrant- Temp. Meter Police Security Merchandise sales Street Cleaning by City X Other Security, Crowd Control and Traffic Control The Applicant may be required to provide police officers for security, crowd control, and traffic control al the Special Event. The total number of police officers working at the Special Event is determined by the Round Rock Police Department, and in some cases may use planning variables, including: (1) the estimated number of participants and spectators; (2) the availability of alcoholic beverages; (3) topography and size of the event location; (4) weather conditions; (5) the time of day during which the Special Event is conducted; (6) the need for street closures or rerouting of vehicular or pedestrian traffic; and, (7) the history of the particular Special Event. Public Notification If the City Manager requires it, the Applicant shall, at least thirty (30) days before the Special Event begins, deliver written notice to all owners or occupants of real property abutting the boundaries of the area in which the Special Event will be conducted. The notice must include the following information: (1) event date, time and location, and (2) statement that an Application for a Special Event Permit has been filed with the City of Round Rock. 3 Insurance and Bonds if a Special Event uses any portion of the City's rights-of-way, the Applicant shall provide a certificate of insurance to complies with the standards established by the City's risk manager. if a Special Event is on City property, a Ten Thousand Dollar ($10,000.00) surety bond shall be deposited with the Application to ensure that no damage is done to City property. If the City Manager certifies that all conditions set forth in Section 1.3425, Code of Ordinances, are complied with, the bond shall be returned. If the City Manager does not certify that all the conditions are complied with, any costs expended for policing and/or cleaning shall be deducted from the bond and the remainder returned. Additional conditions are spelled out in Section 1.3425 as lo additional costs. if a Special Event is fully on private property, Applicant shall deposit Five Hundred Dollars (5500.00) with the City as a condition that no paper, liter or other debris shall remain on the site after the Special Event is over. The deposit shall be returned to Applicant upon certification by the City Manager that all conditions are met. if the conditions are not met, such costs for cleaning shall be deducted from the deposit and the remainder returned. INDEMNITY AGREEMENT I) As a condition of a Special Event Permit being issued, the Applicant acknowledges that be/she has voluntarily applied for a Special Event permit that in consideration of the privileges associated therewith, Applicant agrees to PROTECT, INDEMNIFY and HOLD HARMLESS, the City, its officers, agents and employees, from and against suits, actions, claims, losses, liability or damage of any character, and from and against costs and expenses Including attorney fees incidental to the defense of such suits, actions, claims, losses, damage or liability on account of injury, death or otherwise, to any person or damage to any property, prising from any negligent net, error or omission of the undersigned, its officers, employees or agents, arising out of, resulting from, or caused by any act occurring as a result of the exercise of the privileges granted by this permit. 2) APPLICANT AGREES THAT THIS INDEMNITY AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE OF TEXAS, AND THAT IF ANY PORTION IS HELD INVALID, THEN IT IS AGREED THAT THE BALANCE SHALL, NOTWTTgSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT. 3) This indemnity agreement contains the entire agreement of the undersigned and the City of Round Rock, and may not be modified or altered without the express written consent of the City of Round Rock. 4) This indemnity agreement Is interpreted by Texas law and is performable for all purposes in the County of Williamson, State of Texas, or the County of Travis, State of Texas. I do solemnly swear (or affirm) that all the answers given and statements made on this Application are full, true and correct to the best of my knowledge and beliefs. 1 have been given a copy of the ordinance and have read the provisions contained therein and agree to abide by them. Applicant: V" \ Pir 05 19 1 hereby grant the Applicant and any affiliated organization permission to use my property in connection with the Special Event and as described herein. Property Owner: 4 Pt MUM L•': I)r.. 1•p�>,pt!II% TEXAS ROAD RASH SET-UP SETTLERS PARK AT PALM�� MAP VALLEY ROUND ROCK, TEXAS DATE: April 1, 2009 SUBJECT: City Council Meeting — April 9, 2009 ITEM: 1161. Consider a resolution authorizing the Mayor to execute an agreement with the Texas Department of Transportation for the temporary closure of the right westbound lane of US 79 for the 6th Annual Texas Road Rash Inline Skating Marathon on April 19, 2009. Department: Parks and Recreation Staff Person: Rick Atkins, Director of Parks and Recreation Jenene Uhrig, Athletics/AquaticsSupervisor Justification: The Texas Road Rash Inline Marathon is the 15t Inline Marathon to be held in the State of Texas. This event has grown over the years and this year we anticipate 300 participants. Texas Road Rash Inline Marathon has been recognized as the 5th best inline marathon in North America by MarathonSkating.com. Funding: Cost: None Source of funds: N/A Outside Resources: Texas Department of Transportation Background Information: The goal of this event is to keep with the Sports Capital of Texas Initiative by promoting sports with the city's tourism efforts. This is an event that draws participants from across the United States as well as Mexico, Canada, and Brazil. The inline skating course is a loop through Old Settlers Park utilizing North Red Bud Lane and Hwy 79 to complete the loop. The City Council must approval this resolution before the Texas Department of Transportation will give us their permission to use Hwy 79. Public Comment: N/A