R-11-03-24-11A1 - 3/24/2011RESOLUTION NO. R -11-03-24-11A1
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 between Red Bud Lane and Harrell Parkway be closed
on Sunday, April 17, 2011 from 6:00 o'clock a.m. to 3:00 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 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.
O:\wdox\SCC1nts\0112\ 1104\MUNICIPAL \00216832.DOC/rmc
STATE OF TEXAS §
COUNTY OF TRAVIS §
EXHIBIT
„A„
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 lane,
westbound, between North Red Bud Lane and Harrell Parkway for the purpose of the Texas
Road Rash Inline Marathon, from April 17, 2011 to April 17, 2011 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 24 day of March, 2011, 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
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."
Agreement No.
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 Department
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 8, 2010
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
Exhibit A
Traffic—Traffic_Closure Incorporated (TEA30A)
Agreement No.
Page 6 of 8 Rev. 09/29/2006
EXHIBIT A
Temporary closure of state right-of-way is requested of US 79, right lane,
westbound, between North Red Bud Lane and Harrell Parkway for the purpose
of holding the City of Round Rock's "Texas Road Rash Inline Skating Marathon"
on April 17, 2011 from 6:00 am — 3:00 pm.
Exhibit B
Traffic—Traffic_Closure Incorporated (TEA30A)
Agreement No.
Page 7 of 8 Rev. 09/29/2006
RESOLUTION NO. R -11 -03 -24 -
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 Depaituient has made a request to
TxDOT that the right lane of US 79, westbound between Red Bud Lane and Harrell Parkway be closed
on Sunday, April 17, 2011 from 6:00 o'clock a.m. to 3:00 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 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.
O:\wdox\SCClnts\0112\ 1104\MUNICIPAL \00216832.DOC/nnc
RESOLVED this 24th day of March, 2011.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
Agreement No.
Exhibit C
Traffic—Traffic_Closure Incorporated (TEA30A) Page 8 of 8 Rev. 09/29/2006
March 1, 2011
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 8th Annual Texas Road
Rash Inline Skate Marathon on Sunday, April 17, 2011. We will also be having
some races within the Dell Diamond on Saturday, April 16, 2011, but they will not
require any road closures. This event attracts more than 300 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
agency. The City of Round Rock Parks and Recreation Department requests the
temporary closure of US 79, right lane, westbound, between North Red Bud Lane and
Harrell Parkway from 6:00 am — 3:00 pm on Sunday, April 17, 2011. US 79 has two
westbound lanes and we are asking to close one on the north side. US 79 will be
closed at 6:00 am for course set up and opened up once this event is completed by
3:00 pm. No animals and equipment will be used except equipment already designed
in traffic control plans. 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
ROUND ROCK POLICE DEPARTMENT
2701 NORTH MAYS
ROUND ROCK, TEXAS 78665
PHONE: (512) 218-5500
FAX: (512) 218-7060
"TO PROTECT and SERVE"
March 1, 2011
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 17,
2011.
Should you have any further questions please do not hesitate to contact me at 512-218-6659.
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Form 1560 -CSS
Professional Provider Insurance
Revised Date (1/2008)
Previous editions of this form may not be used.
Page 2of2
Texas Department of Transportation (TxDOT)
CERTIFICATE OF INSURANCE
Prior to the beginning of work, the Contractor shall obtain the minimum insurance and endorsements specified. Only the TxDOT certificate of insurance form is
acceptable as proof of insurance for department contracts. Agents should complete the form providing all requested information then either fax or mail this fom►
directly to the address listed on page one of this form. Copies of endorsements listed below are not required as attachments to this certificate.
Insured: City of Round Rock
Street/Mailing Address: 221 East Main Ave
City/State/Zip: Round Rock, Texas 78664
Phone Number. 512-218-6643
Workers' Compensation Insurance Coverage:
Endorsed with a Waiver of Subrogation In favor of TxDOT.
Carrier Name: Texas Municipal League Intergovemmental Risk Pool
Address: 1821 Rutherford Ln.
Type of Insurance
Policy Number
Carrier Phone #: 800-537-6655
City, State, Zip: Austin, Texas 78754
Effective Date
Expiration Date
Workers' Compensation
3127
10/01/10
10/01/11
Limits of Liability:
Not Less Than: Statutory — Texas
Comprehensive General Liability Insurance:
Endorsed with TxDOT as Additional Insured an
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Carrier Name: Texas Municipal League Intergovernmental Risk Pool
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Carrier Phone #: 800-537-6655
Address: 1821 Rutherford
Ln.
City, State, Zip: Austin, Texas 78754
Type of Insurance:
Policy Number:
Effective Date:
Expiration Date:
Limits of Liability:
Commercial General
Liability Insurance
C h
3127
10/01/10
_
10/01/11
Not Less Than:
$ 600,000 combined single limit
ompre enstve Automobile Llabtllty Insurance:
Endorsed with TxDOT as Additional Insured and wl
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Carrier Name: Texas Municipal League Intergovemmental Risk Pool
Carrier Phone #: 800-537-6655
Address: 1821 Rutherford Ln.
City, State, Zip: Austin, Texas 78754
Type of Insurance:
Policy Number:
Effective Date:
Expiration Date:
Limits of Liability:
Business Automobile Policy
Bodily Injury
Property Damage
3127
10/01/10
10/01/11
Not Less Than:
$ 250,000 each person
$ 500,000 each occurrence
$ 100,000 each occurrence
Umbrella Policy lif annlir_ahlol•
Carrier Name:
Carrier Phone #:
Address:
City, State, Zip:
Type of Insurance:
Policy Number:
Effective Date:
Expiration Date:
Limits of Liability:
Umbrella Policy
Authorized Agent name, address and zip code:
Texas Municipal League Intergovernmental Risk Pool 1821 Rutherford Ln. Austin, TX 78754
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 certified mail to the contractor and the Texas Department of Transportation.
THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named meet all the
requirements stipulated and such policies are in full force and effect. 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 Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed
about the information that we collect about you. Under sections 555.021 and 553.023 of the Texas Govemment Code, you also are entitled to receive and
review the information. Under section 559.004 of the Government Codeou are also entitled to have us correct information about you that is incorrect.
Area Code (800) 537-6655 7- jj-!J a, A. 12/27/2010
Authorized Agent's Phone Number Authorized Agent Original Signature Date
RESOLVED this 24th day of March, 2011.
ATTEST:
%yVyvL R.Q.Gebt-
SARA L. WHITE, City Secretary
2
ALA MCGRAW, Mayor
City of Round Rock, Texas
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Agenda Item No. *11A1.
City Council Agenda Summary Sheet
Consider a resolution authorizing the Mayor to execute an "Agreement for the Temporary
Agenda Caption: Closure of State Right -of -Way" for the Texas Road Rash Inline Marathon on April 17, 2011.
Meeting Date: March 24, 2011
Department: Parks and Recreation
Staff Person making presentation: Rick Atkins
Parks and Recreation Direction Director
Item Summary:
Consider a resolution authorizing the Mayor to execute an "Agreement for the Temporary Closure of State Right of
Way" for the Texas Road Rash Inline Skating Marathon on April 17, 2011.
This is an event that draws participants from across the United States as well as Mexico, Canada, Japan and
Australia. 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 approve this resolution before the Texas Department of Transportation
will give us their permission to use Hwy 79.
Strategic Plan Relevance:
The goal of this event is to keep with the Sports Capital of Texas initiative by promoting sports with the city's tourism
efforts.
Cost: N/A
Source of Funds: N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approval
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 lane,
westbound, between North Red Bud Lane and Harrell Parkway for the purpose of the Texas
Road Rash Inline Marathon, from April 17, 2011 to April 17, 2011 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 24 day of March, 2011, the Round Rock City Council passed Resolution /
Ordinance No. / Street Use Permit_ 11.03-2 .I(A. (, 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)
Q.-1- A- 24-! lied
Page 1 of 8 Rev. 09/29/2006
Article 2. EVENT DESCRIPTION
The physical description of the limits of the Event, including county names and highway
numbers, the number of lanes the highway has and the number of lanes to be used, the
proposed schedule of start and stop times and dates at each location, a brief description of
the proposed activities involved, approximate number of people attending the Event, the
number and types of animals and equipment, planned physical modifications of any man-
made or natural features in or adjacent to the right of way involved shall be attached hereto
along with a location map and identified as "Exhibit C."
Agreement No.
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 Department
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
By
City Official
Agreement No.
DateAt ' , Maim. 2.4 SOLI
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
Exhibit A
Traffic—Traffic_Closure Incorporated (TEA30A)
Agreement No.
Page 6 of 8 Rev. 09/29/2006
EXHIBIT A
Temporary closure of state right-of-way is requested of US 79, right lane,
westbound, between North Red Bud Lane and Harrell Parkway for the purpose
of holding the City of Round Rock's "Texas Road Rash Inline Skating Marathon"
on April 17, 2011 from 6:00 am — 3:00 pm.
Exhibit B
Traffic—Traffic_Closure Incorporated (TEA30A)
Agreement No.
Page 7 of 8 Rev. 09/29/2006
RESOLUTION NO. R -11 -03 -24 -
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 between Red Bud Lane and Harrell Parkway be closed
on Sunday, April 17, 2011 from 6:00 o'clock a.m. to 3:00 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 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.
O:\wdox\SCCInts10112\1104\MUNICIWAUOO216832.DOG,mc
RESOLVED this 24th day of March, 2011.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
Agreement No.
Exhibit C
Traffic—Traffic_Closure Incorporated (TEA30A) Page 8 of 8 Rev. 09/29/2006
March 1, 2011
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 8th Annual Texas Road
Rash Inline Skate Marathon on Sunday, April 17, 2011. We will also be having
some races within the Dell Diamond on Saturday, April 16, 2011, but they will not
require any road closures. This event attracts more than 300 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
agency. The City of Round Rock Parks and Recreation Department requests the
temporary closure of US 79, right lane, westbound, between North Red Bud Lane and
Harrell Parkway from 6:00 am — 3:00 pm on Sunday, April 17, 2011. US 79 has two
westbound lanes and we are asking to close one on the north side. US 79 will be
closed at 6:00 am for course set up and opened up once this event is completed by
3:00 pm. No animals and equipment will be used except equipment already designed
in traffic control plans. 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
ROUND ROCK POLICE DEPARTMENT
2701 NORTH MAYS
ROUND ROCK, TEXAS 78665
PHONE: (512) 218-5500
FAX: (512) 218-7060
"TO PROTECT and SERVE"
March 1, 2011
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 17,
2011.
Should you have any further questions please do not hesitate to contact me at 512-218-6659.
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Form 1560 -CSS
Professional Provider Insurance
Revised Date (1/2008)
Previous editions of this form may not be used.
Page 2 of 2
Texas Department of Transportation (TxDOT)
CERTIFICATE OF INSURANCE
Prior to the beginning of work, the Contractor shall obtain the minimum insurance and endorsements specified. Only the TxDOT certificate of insurance form is
acceptable as proof of insurance for department contracts. Agents should complete the fomi providing all requested information then either fax or mail this form
directly to the address listed on page one of this form. Copies of endorsements listed below are not required as attachments to this certificate.
Insured: City of Round Rock
Street/Mailing Address: 221 East Main Ave
City/State/Zip: Round Rock, Texas 78664
Phone Number. 512-218-6643
Workers' Compensation Insurance Coverage:
Endorsed with a Waiver of Subrogation In favor of T
Carrier Name: Texas Municipal League Intergovemmental Risk Pool
Carrier Phone #: 800-537-6655
Address: 1821 Rutherford Ln.
City, State, Zip: Austin, Texas 78754
Type of Insurance
Policy Number
Effective Date
Expiration Date
Limits of Liability:
Workers' Compensation
3127
10/01/10
10/01/11
Not Less Than: Statutory — Texas
omprehensive General Llability Insurance:
Endorsed with TxDOT as Addi
Carrier Name: Texas Municipal League Intergovernmental Risk Pool
Carrier Phone #: 800-537-6655
Address: 1821 Rutherford Ln.
City, State, Zip: Austin, Texas 78754
Type of Insurance:
Policy Number:
Effective Date:
Expiration Date:
Limits of Liability:
Commercial General
Liability Insurance
3127
10/01/10
10/01/11
Not Less Than:
$ 600,000 combined single limit
mprehenstve Automobile Liability Insurance:
Endorsed with TxDOT as Additional Insured and with a Waiver of Subrogation i
Carrier Name: Texas Municipal League Intergovernmental Risk Pool
Carrier Phone #: 800-537-6655
Address: 1821 Rutherford Ln.
City, State, Zip: Austin, Texas 78754
Type of Insurance:
Policy Number:
Effective Date:
Expiration Date:
Limits of Liability:
Business Automobile Policy
Bodily Injury
Property Damage
3127
10/01/10
10/01/11
Not Less Than:
$ 250,000 each person
$ 500,000 each occurrence
$ 100,000 each occurrence
Umbrella Policy (if annlicahla
.
Carrier Name:
Carrier Phone #:
Address:
City, State, Zip:
Type of Insurance:
Policy Number:
Effective Date:
Expiration Date:
Limits of Liability:
Umbrella Policy
Authorized Agent name, address and zip code:
Texas Municipal League Intergovernmental Risk Pool 1821 Rutherford Ln. Austin, TX 78754
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 certified mail to the contractor and the Texas Department of Transportation.
THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named meet all the
requirements stipulated and such policies are in full force and effect. 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 Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be infomied
about the information that we collect about you. Under sections 555.021 and 553.023 of the Texas Govemment Code, you also are entitled to receive and
review the information. Under section 559.004 of the Government Codeou are also entitled to have us correct information about you that is incorrect.
Area Code (800) 537-6655 0,4a, l , ' O 12/27/2010
Authorized Agent's Phone Number Authorized Agent Original Signature Date