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R-06-01-12-11C1 - 1/12/2006RESOLUTION NO. R-06-01-1241 C 1 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 CR 122 to Harrell Parkway be closed on March 26, 2006 from 5:00 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, 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 @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/1260112C1.WPD/sc 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 12th day of January, 2006. A. TEST : ,L) R .`4-naAtuAik). CHRISTINE R. MARTINEZ, City Secretaty 2 MA WELL, Mayor ty 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 lane, west bound between CR 122 and Harrell Parkway for the purpose of the Texas Road Rash Inline Marathon , from March 26, 2006 to March 26, 2006 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 ' day of January, 2006, the Round Rock City Council passed Resolution / Ordinance No. , attached hereto and identified as "Exhibit B," establishing that the Event serves a public purpose and authorizing the local government to enter into this agreement with the State; and WHEREAS, 43 TAC, Section 22.12 establishes the rules and procedures for the temporary closure of a segment of the State highway system; and WHEREAS, this agreement has been developed in accordance with the rules and procedures of 43 TAC, Section 22.12; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT Article 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Event or unless terminated or modified as hereinafter provided. TRF - TEA30 Page 1 of 8 CLOSURE (Incorporated) EXHIBIT D ItAit Rev. 06/08/05 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. TRF - TEA30 Page 2 of 8 Rev. 06/08/05 CLOSURE (Incorporated) Agreement No. G. The local government hereby assures the State that there will be appropriate passage allowance for emergency vehicle travel and adequate access for abutting property owners during construction and closure of the highway facility. These allowances and accesses will be included in the local government's traffic control plan. H. The local government will avoid or minimize damage, and will, at its own expense, restore or repair damage occurring outside the State's right of way and restore or repair the State's right of way, including, but not limited to, roadway and drainage structures, signs, overhead signs, pavement markings, traffic signals, power poles and pavement, etc. to a condition equal to that existing before the closure, and, to the extent practicable, restore the natural and cultural environment in accordance with federal and state law, including landscape and historical features. Article 4. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the local government will remain the property of the local government. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. 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 TRF - TEA30 Page 3 of 8 Rev. 06/08/05 CLOSURE (Incorporated) Agreement No. 1560, latest edition) and shall maintain the insurance in full force and effect during the period that the local government and/or its contractors are encroaching upon the State right of way. B. In the event the local government is a self-insured entity, the local government shall provide the State proof of its self-insurance. The local government agrees to pay any and all claims and damages that may occur during the period of this closing of the highway in accordance with the terms of this agreement. Article 9. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the local government and the State. Article 10. COMPLIANCE WITH LAWS The local government shall comply with all applicable federal, state and local environmental laws, regulations, ordinances and any conditions or restrictions required by the State to protect the natural environment and cultural resources of the State's right of way. Article 11. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Article 12. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the following respective addresses: Local Government: City of Round Rock Rick Atkins, Parks and Recreation 221 East Main Round Rock, Texas 78664 State: Texas Department of Transportation Lowell D. Choate, P.E. Director, 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. TRF - TEA30 CLOSURE (Incorporated) Page 4 of 8 Rev. 06/08/05 THE CITY OF Executed on behalf of the local government by: By Date City Official Typed or Printed Name and Title Agreement No. 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 TRF - TEA30 CLOSURE (Incorporated) Page 5 of 8 Rev. 06/08/05 TRF - TEA30 CLOSURE (Incorporated) Agreement No. Exhibit A Page 6 of 8 Rev. 06/08/05 December 20, 2005 Texas Department of Transportation, Austin District PO Drawer 15426 Austin, Texas 78761-5426 Dear Ms. Brown: The City of Round Rock Parks and Recreation will host the 3rd Annual Texas Road Rash Inline Skate Marathon on Sunday, March 26, 2006. The event, which was ranked 8th in the nation by www.MarathonSkating.com, attracts more than 160 inline skaters 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 — noon on Sunday, March 26, 2006. 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. If you have any questions, please call 512-341-3344. Rick Atkins Round Rock Parks and Recreation 512.218-5540 Enclosures ROUND ROCK INLINE SK471NG SMRAamON TRF - TEA30 CLOSURE (Incorporated) Agreement No. Exhibit B Page 7 of 8 Rev. 06/08/05 TRF - TEA30 CLOSURE (Incorporated) Agreement No. Exhibit C Page 8 of 8 Rev. 06/08/05 I". 22 num 1111r �� MI= = ha : re.7 Legend -- - Kids Marathon Course 1/2 And Full Marathon Course TEXAS ROAD RASH INLINE MARATHON 2006 OLD SETTLERS PARK AT PALM VALLEY ROUND ROCK, TX 01/05/06 17:07 FAX 512 218 5548 Ui/U4/ZUUb 1D:Uti FAX 1 IZZ186681 PARD ROUND ROCK POLICE DEPARTMENT 615 E. PALM VALLEY BLVD. ROUND ROCK, TEXAS 78664 PHONE: (512) 218-5500 FAX: (612) 218-7060 Lj01e001 02/002 "TO PROTECT and SERVE" January 3, 2006 To Whom It May Concern: The City of Round Rock Parks and Recreations is planning to conduct an Inline Skating Marathon event in the eastem portion of the City of Round Rock on March 26th, 2006. The City of Round Rock Parks and Recreations Dept. will be requesting from the Texas Department of Transportation a temporary road closure with a Traffic Control Plan of a portion of Highway 79 (Palm Valley Blvd.) to be approved by the Round Rock City Council_ This letter confirms that law enforcement for this event will be provided in accordance with the traffic control plan. If you have any questions about this matter, please contact me a (512) 218-5519. Sincerely, Lt. Alain Sabin Patrol Division JAN -05-2006 16:15 512 218 5548 97% P.01 01/03/06 10:03 FAX 512 491 2404 Page 1 of 2 TML -IRP UNDERWRITING VP 002 TxDOT Form 1560 (Rev 02/2001) Previous editions of this form may not be used. Texas Department of Transportation (TxDOT) CERTIFICATE OF INSURANCE - ATTACHMENT D Prior to the beginning of work, the Contractor shall obtain the minimum insurance and endorsements specified. Only the TxDOT certifcate 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 mall this form directly to the address listed on the back 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 E Main Ave City/State/Zip: Round Rock, Texas 78664 Phone Number: Area Code 512-218-6643 Workers' Compensation Insurance Coverage: Carrier Name: Carrier Phone #: Address: City, State, Zip: Type of Insurance Policy Number Effective Date Expiration Date Limits of Liability: Workers' Compensation 3127 10/1/05 10/1/06 Not Less Than: Statutory — Texas Comprehensive General Liability Insurance: Carrier Name TML -IRP yy Carrier Phone #: 800537-6655 Address: 1821 Rutherford Lane City, State, Zip: Austin, Texas 78754 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Comprehensive General Liability insurance Bodily Injury Property Damage Commercial General LiabilityOR Insurance 3127 10/1/05 10/1/06 Not Less Than: 5 500,000 each occurrence $ 100,000 each occurrence $ 100,000 for aggregate $ 600,000 combined single limit Comprehensive Automobile Liability Insurance : Endorsed with TxDOT as Additional Insured and.._ a Waiver of Subrogation in favor of TxDOT. Carrier Name: TML -IRP Carrier Phone #: 800-537-6855 Address: 1821 Rutherford Lane City, State, Zip: Austin, Texas 78754 Type of insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Comprehensive Automobile Liability Insurance OR Texas Business Automobile Policy Bodily Injury Property Damage 3127 10/1/05 10/1/06 Not Less Than: $250,000 each person $ 500,000 each occurrence $ 100,000 each occurrence • 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 Paula Marr -Ludwig, 1821 Rutherford Lane, Austin, Texas 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. JRN-03-2006 09:06 512 491 2404 95% P.02 01/03/06 10:03 FAX 512 491 2404 TML -IRP UNDERWRITING 21003 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. qi,d1A-CMC(AA Area Code (800) 537-6655 I G z 1/3/06 Authorized Agent's Phone Number Authorized Agent Original Signature Date Page 2 of 2 Texas Department of Transportation CERTIFICATE OF INSURANCE - Attachment D NOTES TO AGENTS: Agents must provide all requested information then either fax or mail this form directly to the address listed below. Pre-printed limits are the minimum required, If higher limits are provided by the policy, enter the higher limit amount and strike -through or cross -out the pre-printed limit. To avoid work suspension, an updated insurance form must reach the address listed below one business day prior to the expiration date. Insurance must be In force in order to perform any work. Binder numbers are not acceptable for policy numbers. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect. Do not refer to specific projects/contracts on this form, The TxDOT certificate of insurance form is the only acceptable proof of insurance for department contracts. List the contractor's legal company name, including the DBA (doing business as) name as the insured or list both the contractor and staff leasing service as insured when a staff leasing service is providing insurance. Over -stamping and/or over -typing entries on the certificate of insurance are not acceptable if such entries change the provisions of the certificate in any manner. This form may be reproduced. The SIGNATURE of the agent is required. Stamped/typed/printed signatures are not acceptable. CERTIFICATE OF INSURANCE REQUIREMENTS: WORKERS' COMPENSATION INSURANCE: The contractor is required to have Workers' Compensation Insurance if the contractor has any employees including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers' Compensation Law. GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers' Compensation. COMPREHENSIVE GENERAL LIABILITY INSURANCE or COMMERCIAL GENERAL LIABILITY INSURANCE: If coverage's are specified separately, they must be at least these amounts: Bodily Injury Property Damage JAN -03-2006 09:09 $500,000 each occurrence $100,000 each occurrence $100,000 for aggregate 512 491 2404 95% P. 03 01/03/06 10:04 FAX 512 491 2404 TML -IRP UNDERWRITING 11004 MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive General Liability Insurance or Commercial General Liability Insurance. COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE or TEXAS BUSINESS AUTOMOBILE POLICY: The coverage amount fora Texas Business Automobile Policy or Comprehensive Automobile Liability may be shown as a minimum of $600,000 Combined Single Limit by a typed or printed entry and deletion of the specific amounts listed for Bodily Injury and Property Damage. BASIC AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for Comprehensive Automobile JAN -03-2006 09:09 512 491 2404 94% P.04 DATE: January 5, 2006 SUBJECT: City Council Meeting - January 12, 2006 ITEM: 11.C.1. Consider a resolution authorizing the Mayor to execute an Agreement for the Temporary Closure of State Right -of -Way, U.S. 79, with the Texas Department of Transportation for the annual Texas Road Rash Inline Skating Marathon. Department: Parks and Recreation Staff Person: Rick Atkins, Director Jenene Uhrig, Athletics Supervisor Justification: The Texas Road Rash Inline Marathon is the first ever Inline Marathon in the state of Texas. The first few years have been very successful and have doubled in size to more than 160 participants. This year it is anticipated that this number will increase into the 200's. The Texas Road Rash has the potential of being one of the key marathons in the Country. In fact, last year the Texas Road Rash was ranked the 8th best inline marathon in North America (in only its 2"d year) Funding: Cost: None Source of funds: N/A Background Information: Last year the City of Round Rock hosted the second annual marathon. The goal of this event is to be one of the key marathons in the United States and help with the City's tourism efforts. As part of the marathon, Hwy 79 and CR 122 will be used and approval is needed from the Texas Department of Transportation. A requirement of the agreement is the approval of the event by the City Council. EXECUTED DOCUMENT FOLLOWS Agreement No. STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT OF WAY THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State," and the City 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, west bound between CR 122 and Harrell Parkway for the purpose of the Texas Road Rash Inline Marathon , from March 26, 2006 to March 26, 2006 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 a day of January, 2006, the Round Rock City Council passed Resolution / Ordinance No_ R-04-01- la- Ile l , 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. TRF - TEA30 CLOSURE (Incorporated) R -04 -a -12 -Ilei Page 1 of 8 Rev. 06/08/05 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 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. TRF - TEA30 Page 2 of 8 Rev. 06/08/05 CLOSURE (Incorporated) Agreement No. G. The local government hereby assures the State that there will be appropriate passage allowance for emergency vehicle travel and adequate access for abutting property owners during construction and closure of the highway facility. These allowances and accesses will be included in the local government's traffic control plan. H. The local government will avoid or minimize damage, and will, at its own expense, restore or repair damage occurring outside the State's right of way and restore or repair the State's right of way, including, but not limited to, roadway and drainage structures, signs, overhead signs, pavement markings, traffic signals, power poles and pavement, etc. to a condition equal to that existing before the closure, and, to the extent practicable, restore the natural and cultural environment in accordance with federal and state law, including landscape and historical features. Article 4. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the local government will remain the property of the local government. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. 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 TRF - TEA30 Page 3 of 8 Rev. 06/08/05 CLOSURE (Incorporated) Agreement No. 1560, latest edition) and shall maintain the insurance in full force and effect during the period that the local government and/or its contractors are encroaching upon the State right of way. B. In the event the local government is a self-insured entity, the local government shall provide the State proof of its self-insurance. The local government agrees to pay any and all claims and damages that may occur during the period of this closing of the highway in accordance with the terms of this agreement. Article 9. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the local government and the State. Article 10. COMPLIANCE WITH LAWS The local government shall comply with all applicable federal, state and local environmental laws, regulations, ordinances and any conditions or restrictions required by the State to protect the natural environment and cultural resources of the State's right of way. Article 11. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Article 12. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the following respective addresses: Local Government: City of Round Rock Rick Atkins, Parks and Recreation 221 East Main Round Rock, Texas 78664 State: Texas Department of Transportation Lowell D. Choate, P.E. Director, 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. TRF - TEA30 CLOSURE (Incorporated) Page 4 of 8 Rev. 06/08/05 THE CITY OF RouAir leo 16 Executed o be►. By,!/ 4 / City Igo ernment by: Typed or Printed Name and Title Date Agreement No. 1 /2 Cp N yC.E MAXWEL(. 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 heret9fore approved and authorized by the Texts Transportation Commis ion. By � Date r f District Engin er TRF - TEA30 CLOSURE (Incorporated) Page 5 of 8 Rev. 06/08/05 TRF - TEA30 CLOSURE (Incorporated) Agreement No. Exhibit A Page 6 of 8 Rev. 06/08/05 December 20, 2005 Texas Department of Transportation, Austin District PO Drawer 15426 Austin, Texas 78761-5426 Dear Ms. Brown: The City of Round Rock Parks and Recreation will host the 3'`' Annual Texas Road Rash Inline Skate Marathon on Sunday, March 26, 2006. The event, which was ranked 8th in the nation by www.MarathonSkating.com, attracts more than 160 inline skaters 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 — noon on Sunday, March 26, 2006. 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. If you have any questions, please call 512-341-3344. Rick Atkins Round Rock Parks and Recreation 512.218-5540 Enclosures TRF - TEA30 CLOSURE (Incorporated) Agreement No. Exhibit B Page 7 of 8 Rev. 06/08/05 RESOLUTION NO. R-06-01-12-11 C I 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 CR 122 to Harrell Parkway be closed on March 26, 2006 from 5:00 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, 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 ilPFDesktop\:-ODMA/WORLDOX/O:/WDOX/RESOLUPI/R60112C1.WPD/sc 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 12th day of January, 2006. EST: R.NaAunio. CHRISTINE R. MARTINEZ, City Secreta 2 y ELL, Mayor ty of Round Rock, Texas TRF - TEA30 CLOSURE (Incorporated) Agreement No. Exhibit C Page 8 of 8 Rev. 06/08/05 ROUND ROCK, TEXAS \\►�" 011W /1111111 Legend Kids Marathon Course 1/2 And Full Marathon Course TEXAS ROAD RASH INLINE MARATHON 2006 OLD SETTLERS PARK AT PALM VALLEY ROUND ROCK, TX ,01/05/06 17:07 FAX 512 218 5548 PARD ui/U4/ZUUb ir1ll 1b:Ub PAA nantibbbl ROUND ROCK POLICE DEPARTMENT 615 E. PALM VALLEY BLVD. ROUND ROCK, TEXAS 78664 PHONE: (512) 218-5500 FAX: (512) 218-7060 4 001 If 002/002 "TO PROTECT and SERVE" January 3, 2006 To Whom It,May Concern: The City of Round Rock Parks and Recreations is planning to conduct an Inline Skating Marathon event in the eastem portion of the City of Round Rock on March 26th, 2006. The City of Round Rock Parks and Recreations Dept. will be requesting from the Texas Department of Transportation a temporary road closure with a Traffic Control Pian of a portion of Highway 79 (Palm Valley Blvd.) to be approved by the Round Rock City Council_ This letter confirms that law enforcement for this event will be provided in accordance with the traffic control plan. If you have any questions about this matter, please contact me a (512) 218-5519. Sincerely, d(1 --k Lt. Alain Babin Patrol Division JAN -05-2006 16:15 512 218 5548 97% P.01 sways Jo xepui 46 • �,����1 /►4IIIIIt11t%` 4tetl1lllllllll— T;7 �— 1JST�"'=• jam\\11111111111, yip,[' �IIIIIII 111 _ w., _UIllllll 111, \1111/11 /1111111/ __� IIIII 11� 111\ \.11u11JL111t111U == 11111 I,Jltu = !aunOlunuum gimme IIln moi► . � itis 1 .�. �,`',.31111111t1 �+ I1..� ���■�� �y U111/U11 1I11111 01 �inuunn.l MTN ■M NMI 1ll 111111 .11 MATCH LINE STA. 224+00 • . • •• 0 • C Harrell Pkwy. 88 ga m D M m MATCH LINE STA. 276+00 00 I • Ryan's Crossing Blvd. MATCHLINE STA. 263+00 MATCH LINE STA. 250+00 44 0) 2 co %" • • • • • • • • • • • • • • • • • • • 11? • MATCH LINE STA. 237+00 44 (6111 1 Civic Center Crossover 2 LINE STA. 302+00 +68Z 'd1S 3NI1 HQ CR 122 500' dbbd CR 122 . 01/01/06 10:03 FAX 512 491 2404 TML -IRP UNDERWRITING Z002 TxDOT Form 1560 (Rev 02/2001) Previous editions of this fomt rrny not be used. Page 1 of 2 Texas Department of Transportation (TXDOT) CERTIFICATE OF INSURANCE - ATTACHMENT D Prior ba 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 mall this form directly to the address listed on the back of this form. Copies of endorsements listed below are not required as attachments to this oertircate. Insured: City of Round Rock Street/Mailing Address: 221 E Main Ave City/State/Zip: Round Rock, Texas 78664 Phone Number: Area Code 512-218-6643 Workers' Compensation Insurance Coverage: Endorsed with a Waiver of Subrogation in favor of TxDOT. Carrier Name: Address: Carrier Phone #: City, State, Zip: Type of Insurance Workers' Compensation Policy Number Effective Date Expiration Date Limits of Uability: Not Less Than: Statutory — Texas Comprehensive General Liability Insurance: Endorsed with TxDU I as Aaaitionai Insured aria wlul d VVdivC vi w...uu awauv., Carrier Name: TML -IRP i„ ."-` "• • ••-- Carrier Phone #: 800-537-6655 Address: 1821 Rutherford Lane City, State, Zip: Austin. Texas 78754 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Comprehensive General Liability Insurance ury rty DatyjDamage Property Commercial General Liability Insurance 3127 10/1/05 10/1/06 Not Less Than: 5 500,000 each occurrence 3 100,000 each occurrence 5100,000 for aggregate OR $ 600,000 combined single limit Comprehensive Automobile Liability Insurance : Endorsed with 1 xuu I as Aaaitionai insures anu wlul a v.a,„c �1 ..,a.,,aya..,.,, Carrier Name: TML -IRP „, ,..-..., ..• . ----- • • Carrier Phone #: 800537-6855 Address: 1821 Rutherford Lane City, State, Zip: Austin, Texas 78754 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Comprehensive Automobile Liability Insurance OR Texas Business Automobile Policy Bodily Injury Property Damage 3127 10/1/05 10/1/06 Not Less Than: 3 250,000 each person $ 500,000 each occurrenoe 5 1000,000 each occurrence • • umoreita roncy tir appncduIa/. 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 Paula Marr -Ludwig, 1821 Rutherford Lane, Austin, Texas 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. JAN -03-2006 09:06 512 491 2404 95% P. 02 . 01/03/06 10:03 FAX 512 491 2404 TML -IRP UNDERWRITING i1003 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... ignature. Area Code (800) 537-6655 qlliliA—CON1-- a ' 'tUT 1/3/06 Authorized Agent's Phone Number Authorized Agent Original Signature Date Page 2 of 2 Texas Department of Transportation CERTIFICATE OF INSURANCE - Attachment D NOTES TO AGENTS: Agents must provide all requested information then either fax or mail this form directly to the address listed below. Pre-printed limits are the minimum required, If higher limits are provided by the policy, enter the higher limit amount and strike -through or cross -out the pre-printed limit. To avoid work suspension, an updated insurance form must reach the address listed below one business day prior to the expiration date. Insurance must be In force in order to perform any work. Binder numbers are not acceptable for policy numbers. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect. Do not refer to specific projects/contracts on this form. The TxDOT certificate of insurance form is the only acceptable proof of insurance for department contracts. List the contractor's legal company name, including the DBA (doing business as) name as the insured or list both the contractor and staff leasing service as insured when a staff leasing service is providing insurance. Over -stamping and/or over -typing entries on the certificate of insurance are not acceptable if such entries change the provisions of the certificate in any manner. This form may be reproduced. The SIGNATURE of the agent is required. Stamped/typed/printed signatures are not acceptable. CERTIFICATE OF INSURANCE REQUIREMENTS: WORKERS' COMPENSATION INSURANCE: The contractor is required to have Workers' Compensation Insurance if the contractor has any employees including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers' Compensation Law. GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers' Compensation. COMPREHENSIVE GENERAL LIABILITY INSURANCE or COMMERCIAL GENERAL LIABILITY INSURANCE: If coverage's are specified separately, they must be at least these amounts: Bodily Injury Property Damage JAN -03-2006 09:09 $500,000 each occurrence $100,000 each occurrence $100,000 for aggregate 512 491 2404 95% P. 03 01/73/06 10:04 FAX 512 491 2404 TML -IRP UNDERWRITING 0 004 MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive General Liability Insurance or Commercial General Liability Insurance. COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE or TEXAS BUSINESS AUTOMOBILE POLICY: The coverage amount for a Texas Business Automobile Policy or Comprehensive Automobile Liability may be shown as a minimum of $600,000 Combined Single Limit by a typed or printed entry and deletion of the specific amounts listed for Bodily Injury and Property Damage. BASIC AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for Comprehensive Automobile JAN -03-2006 09:09 512 491 2404 94% P.04