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R-13-03-28-F6 - 3/28/2013RESOLUTION NO. R -13-03-28-F6 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 14, 2013 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. 0:\wdox\SCClnts\01 12\ 1304\MUNICIPAL\00270533.DOC/rmc RESOLVED this 28th day of March, 2013. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: � 7�1/� � ryl� • UIX��W► SARA L. WHITE, City Clerk STATE OF TEXAS COUNTY OF TRAVIS 0 EXHIBIT „A„ .10 Agreement 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 Parkwau for the purpose of the Texas Road Rash Inline Marathon, from April 14, 2013 to April 14, 2013 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 28 day of March, 2013, the Round Rock City Council passed Resolution I Ordinance No. / Street Use Permit , attached hereto and identified as "Exhibit 8," 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, 0912912006 Agreement No. Article 2. EVENT DESCRIPTION The physical description of the limits of the Event, including county names and highway numbers, the number of lanes the highway has and the number of lanes to be used, the proposed schedule of start and stop times and dates at each location, a brief description of the proposed activities involved, approximate number of people attending the Event, the number and types of animals and equipment, planned physical modifications of any man- made or natural features in or adjacent to the right of way involved shall be attached hereto along with a location map and identified as "Exhibit C.° Article 3. OPERATIONS OF THE EVENT A. The local government shall assume all costs for the operations associated with the Event, to include but not limited to, plan development, materials, labor, public notification, providing protective barriers and barricades, protection of highway traffic and highway facilities, and all traffic control and temporary signing. B. The local government shall submit to the State for review and approval the construction plans, if construction or modifications to the State's right of way is required, the traffic control and signing plans, traffic enforcement plans, and all other plans deemed necessary by the State. The State may require that any traffic control plans of sufficient complexity be signed, sealed and dated by a registered professional engineer. The traffic control plan shall be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. All temporary traffic control devices used on state highway right of way must be included in the State's Compliant Work Zone Traffic Control Devices List. The State reserves the right to inspect the implementation of the traffic control plan and if it is found to be inadequate, the local government will bring the traffic control into compliance with the originally submitted plan, upon written notice from the State noting the required changes, prior to the event. The State may request changes to the traffic control plan in order to ensure public safety due to changing or unforeseen circumstances regarding the closure. C. The local government will ensure that the appropriate law enforcement agency has reviewed the traffic control for the closures and that the agency has deemed them to be adequate. If the law enforcement agency is unsure as to the adequacy of the traffic control, it will contact the State for consultation no less than 10 workdays prior to the closure. D. The local government will complete all revisions to the traffic control plan as requested by the State within the required timeframe or that the agreement will be terminated upon written notice from the State to the local government. The local government hereby agrees that any failure to cooperate with the State may constitute reckless endangerment of the public and that the Texas Department of Public Safety may be notified of the situation as soon as possible for the appropriate action, and failing to follow the traffic control plan or State instructions may result in a denial of future use of the right of way for three years. E. The local government will not initiate closure prior to 24 hours before the scheduled Event and all barriers and barricades will be removed and the highway reopened to traffic within 24 hours after the completion of the Event. F. The local government will provide adequate enforcement personnel to prevent vehicles from stopping and parking along the main lanes of highway right of way and otherwise prevent interference with the main lane traffic by both vehicles and pedestrians. The local government will prepare a traffic enforcement plan, to be approved by the State in writing at least48 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 wiil 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. 0912912006 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 acrd/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, 0912912005 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: 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. 0. 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. 0912912006 Agreement No. By. Date March 28, 2013 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 (TEASOA) Page 5 of 8 Rev. 0912012006 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 14, 2013 from 6:00 am — 3:00 pm. CITY OF ROUND ROCK DEPARTMENT OF TRANSPORTATION SERVICES TRAFFIC CONTROL PLAN FOR PROPOSED TEXAS ROAD RASH EVENT 2013 8L F P Q Y Index of Sheets COUNCILMEMBERS 1. Cover Sheet Alan McGraw,Mayor 2-8. Traffic Control Sheets Kris Whitfield 9-11. 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A�N.'x_ � 1 c n � � Certificate of Coverage TMLIRP Contract Number. 13127 Member: Company Affording Coverage: Round Rock Texas Municipal League Intergovernmental Risk Pod (TMLIRP) Ms. Valerie LaGour Francois PO Box 149194 HR Director Austin, TX 78714-9154 221 E Main Ave (512) 491-2300 or (000) 537-6655 Round Rock.Texas 78664 Fax: (512) 491-2404 Certificate Halder: City of Round Rock Attn.: Ms. Valerie LaCour Francois, Human Resources Director 221 East Main Avenue Round Rock, Texas 78664 This Is to certify that the coverages listed below have been provided to the member and are in effect at this time. Notwithstanding any requirements, terms, or conditions of any other contract or agreement with respect to which this certificate may be issued or may pertain, the coverage afforded by TMLIRP described herein is subject only to the terms, exclusions and additions of TNILIRP's coverage contracts between TMLIRP and its member(s). Coverage is continuous until canceled. General Liability Effective Date: 101112012 Real 8 Personal Property Effective Date: Anniversary Date: 1011f2013 Anniversary Gate: Limits of Lability (Each Occurrence): $1.000,000 Limit of Coverage. Sudden Events Involving Pollution (Each Occurrence): $1,000,003 Deductible per Occurrence: Annual Aggregate: $2,000,0001 Mobile Equipment Effective Date: Deductible per Occurrence: 52,500 Anniversary Date: Limits of Coverage: Law Enforcement Liability Effective Dale: Anniversary (Date: Deductible per Occurrence: Lmits of Liability (Each Occurrence): Boiler & Machinery - Broad Form Effective Date: Annual Aggregate,: Anniversary Date: Deductible per Occurrence, Per Accident Limit: Deductible per Occurrence: Errors and Omissions Liability Effective Dale: Anniversary Dale; Yes Nc Limits of Liabitily(Each Wrongful Act): Mortgagee Annual Aggregate, Loss Payee Deductible per Occurrence: Loan Number; Auto Liability Effective Date: YearlMakelModel VIN Value Anniversary Date: Limits of Liability (Each Occurrence): Deductible per Occurrence: Auto Physical Damage Effective Date: Anniversary Date: Limits of Liability: Collision Deductible: Comprehensive Deductib e; Yes No Loan Number: LOSS Payee:1 DESCRIPTION: Confirmation of coverage for the City of Round Rock's "Texas Road Rash', Saturday, April 13, 2013, 4:00 p.m, to 6:DD p.m., and Sunday, April 14, 2013, 8:DC a.m. to 12:00 p.m., at Del, Diamond, Round Rork, Texas. General Liability Caverage is :primary. uanceomoon' srouia any of the at)ove oescrlbed coverages be canceled before we anniversary date thereof, TMLIRP will endeavor la mail 30 days written notice to the above named certificate holder, but {allure to mail such notice shall impose no obligatlol or liability of any kind upon TMLIRP. Authorized Representative pate Issued X102 =013 - � `�- 0115(08 2701 NORTH MAYS ROUND ROCK, TEXAS 78665 PHONE: (512) 218-5500 FAX: (512) 218-7060 "TO PROTECT and SERVE" March 11, 2013 To: Monic Trevino, TX DOT From: Lt. Jess Eck-ard 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 14, 2013. Should you have any further questions please do not hesitate to contact me at 512-218-6671, PD -029-04 {Ikev 12/07) tit 1. PIN" ff a,V March 11, 2013 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 10"' Annual Texas Road Rash Inline Skate Marathon on s Sunday April 14, 2013. We will also be having some races within the Dell Diamond on Saturday, April 13, 2013, 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 14, 2013. 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 swing 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 of Round Rock ROUND ROCK TEXAS niRwu n�vort rrosrcnrrc Agenda Item Summary Agenda Number: F.6 Title: Consider a resolution authorizing the Mayor to execute "Agreement for the Temporary Closure of State Right of Way" for Texas Road Rash Inline Marathon on April 4, 2013. Type: Resolution Governing Body: City Council Agenda Date: 3/28/2013 Dept Director: Rick Atkins, Parks and Recreation Director Cost: Indexes: Attachments: Resolution, Exhibit "A" Text of Legislative File 13-134 Consider a resolution authorizing the Mayor to execute an agreement with the Texas Department of Transportation for the temporary closure of US Highway 79, right lane, westbound, between North Red Bud Lane and Harrell Parkway on April 14, 2013 between the hours of 6:00 a.mm. - 3:00 p.m. for the 10th Annual Texas Road Rash Inline Skating Marathon. 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 other countries. The inline skating course is a loop through Old Settlers Park utilizing North Red Bud Lane and Highway 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 Highway 79. Staff recommends approval City of Round Rock Page 1 Printed on 312512013 Agreement No. COPY STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT OF WAY THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State," and the City of 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 14, 2013 to April 14, 2013 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 28 day of March, 2013, the Round Rock City Council passed Resolution / 4Fd+nanee No. / Street Use Permit 'Q-1� O- -?fd -t6 , 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 prernises 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 T-' 1.3'03'zb'1%16 Agreement No. COPY Article 2. EVENT DESCRIPTION The physical description of the limits of the Event, including county names and highway numbers, the number of lanes the highway has and the number of lanes to be used, the proposed schedule of start and stop times and dates at each location, a brief description of the proposed activities involved, approximate number of people attending the Event, the number and types of animals and equipment, planned physical modifications of any man- made or natural features in or adjacent to the right of way involved shall be attached hereto along with a location map and identified as "Exhibit C." Article 3. OPERATIONS OF THE EVENT A. The local government shall assume all costs for the operations associated with the Event, to include but not limited to, plan development, materials, labor, public notification, providing protective barriers and barricades, protection of highway traffic and highway facilities, and all traffic control and temporary signing. B. The local government shall submit to the State for review and approval the construction plans, if construction or modifications to the State's right of way is required, the traffic control and signing plans, traffic enforcement plans, and all other plans deemed necessary by the State. The State may require that any traffic control plans of sufficient complexity be signed, sealed and dated by a registered professional engineer. The traffic control plan shall be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. All temporary traffic control devices used on state highway right of way must be included in the State's Compliant Work Zone Traffic Control Devices List. The State reserves the right to inspect the implementation of the traffic control plan and if it is found to be inadequate, the local government will bring the traffic control into compliance with the originally submitted plan, upon written notice from the State noting the required changes, prior to the event. The State may request changes to the traffic control plan in order to ensure public safety due to changing or unforeseen circumstances regarding the closure. C. The local government will ensure that the appropriate law enforcement agency has reviewed the traffic control for the closures and that the agency has deemed them to be adequate. If the law enforcement agency is unsure as to the adequacy of the traffic control, it will contact the State for consultation no less than 10 workdays prior to the closure. D. The local government will complete all revisions to the traffic control plan as requested by the State within the required timeframe or that the agreement will be terminated upon written notice from the State to the local government. The local government hereby agrees that any failure to cooperate with the State may constitute reckless endangerment of the public and that the Texas Department of Public Safety may be notified of the situation as soon as possible for the appropriate action, and failing to follow the traffic control plan or State instructions may result in a denial of future use of the right of way for three years. E. The local government will not initiate closure prior to 24 hours before the scheduled Event and all barriers and barricades will be removed and the highway reopened to traffic within 24 hours after the completion of the Event. F. The local government will provide adequate enforcement personnel to prevent vehicles from stopping and parking along the main lanes of highway right of way and otherwise prevent interference with the main lane traffic by both vehicles and pedestrians. The local government will prepare a traffic enforcement plan, to be approved by the State in writing at least 48 hours prior to the scheduled Event. Additionally, the local government shall provide to the. State a letter of certification from the law enforcement agency that will be providing traffic control for the Event, certifying that they agree with the enforcement plan and will be able to meet its requirements. G. The local government hereby assures the State that there will be appropriate passage Traffic—Traffic—Closure Incorporated (TEA30A) Page 2 of 8 Rev. 09/29/2006 Agreement No. COPY 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. COPY 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. COPY BY Date March_ 28, 2013 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. Date District Engineer Traffic—Traffic—Closure Incorporated (TEA30A) Page 5 of 8 Rev. 09/29/2006 Agreement No. COPY Exhibit A Traffic—Traffic—Closure Incorporated (TEA30A) Page 6 of 8 Rev. 09/29/2006 COPY 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 14, 2013 from 6:00 am — 3:00 pm. py N � N W co , ED W N 3 s `o � m U Y V N 80-1 RN 5� yule\• o S z 12 O Q (D U CO U) i w _Uoil > F- i w z �� W w Uo o = O p z Q`�flwF � w o oo� j° O Z O LOf CC r• C) O �F- X o0 O LL U w U H� 0 F zQ W Uw o elf Q o tiI a - w 0 cn co a� a� a Cl) � o U) v w U) 00 0 F� Qi T 1 1 N C� py MATCH LINE STA. 224+00 N s 0 mn 0 0 � 0 r--ji 0e 0 Q a 0 m C7 > O v / w I 0 y� O N y Z N Gm) gF �a mm o rj tO m c < 3 %d r a � � O O G N C 3 N N O Harrell �0 Pkwy. 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Rallto{1tDGf OJ G Jaz u'yg.11�Ja.1n la . -- Rum J>)+107•1 RO>a0a> 1! 0u1V 71n^nK w�^C• 0�['t.•Il`t[j 181.1 la RI♦auJa+ hl a>I:;audy C'ullaau;au� 4oaJi. naul`<........ 0 :1 ...... if 1,,.1 to Oen ayl (Gic�v:.�t1(iS S:..(C:n tr![1 In.111357A t O)c�`-iZtu mlwi a'-'- Il. i�iTTi Y TML TMLIRP Contract Number: 13127 Certificate of Coverage COPY Member: Company Affording Coverage: Round Rock Texas Municipal League Intergovernmental Risk Pool (TMLIRP) Ms. Valerie LaCour Francois PO Box 149194 HR Director Austin, TX 78714-9194 221 E Main Ave (512) 491-2300 or (800) 537-6655 Round Rock,Texas 78664 Fax: (512) 491-2404 Certificate Holder: City of Round Rock Attn.: Ms. Valerie LaCour Francois, Human Resources Director 221 East Main Avenue Round Rock, Texas 78664 This is to certify that the coverages listed below have been provided to the member and are in effect at this time. Notwithstanding any requirements, terms, or conditions of any other contract or agreement with respect to which this certificate may be issued or may pertain, the coverage afforded by TMLIRP described herein is subject only to the terms, exclusions and additions of TMLIRP's coverage contracts between TMLIRP and its member(s). Coverage is continuous until canceled. General Liability Effective Dale: 10/1/2012 Real & Personal Property Effective Date: Anniversary Date: 10/1/2013 Anniversary Date: Limits of Liability (Each Occurrence): $1,000,000 Limits of Coverage: Sudden Events Involving Pollution (Each Occurrence): 51,000,000 Deductible per Occurrence: Annual Aggregate: S2,000,000 Mobile Equipment Effective Date: Deductible per Occurrence: 52,500 Anniversary Date: Limits of Coverage: Law Enforcement Liability Effective Date: Anniversary Dale: Deductible per Occurrence: Boiler & Machinery - Broad Form Effective Dale: Limits of Liability (Each Occurrence): Annual Aggregate: Anniversary Dale: Deductible per Occurrence: Per Accident Limit: Deductible per Occurrence: Errors and Omissions Liability Effective Dale: Yes No Anniversary Date: Limits of Liabilily(Each Wrongful Act): Mortgagee Annual Aggregate: Loss Payee Deductible per Occurrence: Loan Number: Auto Liability Effective Date: Year/Make/Model VIN Value Anniversary Date: Limits of Liability (Each Occurrence): Deductible per Occurrence: Auto Physical Damage Effective Date: Anniversary Date: Limits of Liability: Collision Deductible: Comprehensive Deductible: Yes No Loan Number: Loss Payee: DESCRIPTION: Confirmation of coverage for the City of Round Rock's "Texas Road Rash", Saturday, April 13, 2013, 4:00 p.m. to 6:00 p.m., and Sunday, April 14, 2013, 8:00 a.m. to 12:00 p.m., at Dell Diamond, Round Rock, Texas. General Liability Coverage is ;primary. Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TMLIRP will endeavor to mail 30 days written notice to the above named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon TMLIRP. Authorized Representative '1 Date Issued 2/21/2013 X102 10/15/08 OPYROUND ROCK POLICE DEPARTMENT 2701 NORTH MAYS ROUND ROCK, TEXAS 78665 ;- PHONE:512 218-5500 �� f PHONE:( ):.'. TEXAS � j FAX: (512) 218-7060 "TO PROTECT and SERVE" March 11, 2013 To: Monic Trevino, TX DOT From: Lt. Jess Eckard 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 14, 2013. Should you have any further questions please do not hesitate to contact me at 512-218-6671. PD -029-04 (Rev 12/071 -A -A PER it. r EXH I „B, RESOLUTION NO. R-13-03-28- I Py 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 14, 2013 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. C:\Users\sa hite4AppData\aoaming\L5\Temp\4bOe976-99b0-40c2-9N7-dca02688ea80. DOC/rmc RESOLVED this 28th day of March, 2013. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk COPY COPY ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Mayor Alan McGraw Mayor Pro -Tem Kris Whitfield Councilmembers Craig Morgan George White Joe Clifford Carlos T. Salinas John Moman City Manager Steve Norwood City Attorney Stephan L. Sheets March 11, 2013 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 10`I' Annual Texas Road Rash Inline Skate Marathon on Sunday, April 14, 2013. We will also be having some races within the Dell Diamond on Saturday, April 13, 2013, 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 14, 2013. 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 512.21.8-5540 CITY OF ROUND ROCK ADMINISTRATION DEPARTMENT, 221 East Main Street• Round Rock, Texas 78664 Phone 512.2i8.54oi • Fax 512.218.7097 • vwvw.roundrocktexas.gov