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R-07-01-11-13B1 - 1/11/2007RESOLUTION NO. R -07-01-11-13B1 WHEREAS, the State of Texas, through the Texas Department of Transportation ("TxDOT") owns and operates a system of highways for public use, including US 79 in Round Rock, and WHEREAS, the City of Round Rock Parks and Recreation Department has made a request to TxDOT that the right lane of US 79, westbound from Red Bud Lane to Harrell Parkway be closed on January 21, 2007 from 8:30 o'clock a.m. to 11:00 o'clock a.m. for the Frost Yer Fanny Duathlon ("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 Frost Yer Fanny Duathlon 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 0:\wdox\RESOLUTI\R70111B1.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 llth day of January, 2007 A. T ST:• L, Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secreta 2 Agreement No. STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FORWqy Y CLOSURE OF STATE RIGHT OF TI -HS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter r calledt to "State," hrough its and duly the City orized officers, of Round Rock , a municipal corporation, acting by and 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 cloJanu ea of U� S 79 for the purpose of Frost Yerr Fanny , from January 21. 2007 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 p oftfse ttravelingof the vent, publ public shenses �red and that cooperate with the City so long as the safety and convenience the closure of the State's right of way will be performed within the State's requirements; and the,City. WHEREAS, on the day of 20 ,attached hereto and identified Council passed Resolution / Ordinance No. 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 therulesand procedures for the temporary closure of a segment of the State highway system; a d 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 ect f the mutual covenants kept and performed asand agreements of the parties hereto, to be by them respectively 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"A'06 08 05 Agreement No. Article 2. EVENT DESCRIPTION The physical description of the limits of the Event, including nof lanes to be usedNthe ay numbers, the number of lanes the hashighway and then number proposed schedule of start and stop times and dates alocation, eattending the descriptio of the proposed activities involved, approximate number of people 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 developmentmaterials, labor, facilities, ublic notification, providing protective barriers and barricades, protection ogWYtraffc ad highway andall 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 oritolly the submitte d The e plan, upon written notice from the State noting the required changes, prior State may request changes to the traffic control plan in to ensure public safety due to changing or unforeseen circumstances regarding e. 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, with federal and state law, le, restore the natural acultural environment in accordanceincluding 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 (1 0) days from receipt State's theln the event the State, the local government l government does not remedy the breach to theat satisfaction o 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 cos to setors lf-insured ins are eentity, 'ng upon the State he local government shall way. B. In the event the local government i 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 ted by both the of caltgoveations �nmenpand s hereto shall be enacted by written amendment execu 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: State: Texas Department of Transportation Lowell D. Choate, P.E. Director, 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 supersedes any prior understandings or subject matter. IN TESTIMONY WHEREOF, the parties in duplicate counterparts. TRF - TEA30 Page 4 of 8 CLOSURE (Incorporated) only agreement between the parties hereto and written or oral agreements respecting the within hereto have caused these presents to be executed Rev. 06/08/05 THE CITY OF ROUND ROCK Executed on behalf of the local government by: Date By 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 t the for the purpose and effect of activating and/or carrying the Texas r orders, established policies or work programs heretofore approved and authorized by sportat Commission. By District Engineer TRF - TEA30 CLOSURE (Incorporated) D ate Page 5 of 8 Rev. 06/08/05 TRF - TEA30 CLOSURE (Incorporated) Agreement No. Exhibit A Page 6 of 8 Rev. 06/08/05 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Mayor NyleMaxwell MayorPro-tem Alan McGraw CouncilMembers RufusHoneycutt JoeClifford CarlosT. Salinas ScottRhode GaryCoe CityManager James R. Nuse, RE. CityAttorney Stephan L. Sheets January 5, 2007 Dear Ms. Davis: The "Frost Yer Fanny" Duathlon is being held in Round Rock in conjunction with the South Mid -West Regional Annual Conference and Multi -Sport Celebration. The group will enjoy this event as well as planning for future Triathlons and duatlons within the region. The proposed start time for the duathlon is scheduled for 7:00 AM and to conclude by 1:00 PM on the same day. In order for the event to take place the city would need to support the road closure of one lane of West bound traffic on HWY 79, from County Road 122, to just West of the entrance of Harold Parkway into Old Settlers Park. The "Frosty Yer Fanny Duathlon" is an event that will add to the image of the City's quest to be the Sports Capital of Texas. If successful this could become annual event that will provide a healthy active event to promote an energetic life style for our citizens and those around the State. It is the Parks and Recreation staff opinion that the race can be conducted successfully if all safety practices are followed. Those would include a Barricade plan, Traffic Control Plan and involvement for the Police Department. Rick Atkins Director Round Rock Parks & Recreation 301 West Bagdad, Suite 250 Round Rock, Texas 78664 (512) 218-5540 Phone (512) 218-5548 Fax CITY OF ROUND ROCK PARKS AND RECREATION DEPARTMENT 301 West Bagdad, Suite25o • RoundRock, Texas78664 Phone:512.218.554o • Fax:512.218.5548 •www•ci.round-rock.tx.us The 2007 Frost Yer Fanny Duathlon (0 a) 0 T5 0 0 0 (0 X a) 1 - PCS L i-/ CU 0 C 0 E (0 us o `1 • U C 01 O O .1.) ce ro N. C RI o = 7 Oo CI N C N O i OG U. c (0 L a) O crs O LC i >41-) (a 0 I--) C 4-1, O U 0 ((00 U) L LL O C n• -e, �O o cu N C i ss _cZ I— (i) 33 (1) 0 C (1) L N C uj O U L C O 471 4 - tea) a o ,., t c 0 C U) O O C (0 E Ln L ,--� 0 a -+ L C X a O z O -0 0 C 'L s- o o ccto Ccrsa) .1".I U CO 03 1:1 173 C a) (0 a) — 0 •3C CU CU C C O 0) 4- o C I- 0 0 CO Start making plans now to join us for a great weekend of triathlon planning and duathlon action! Run -Far© Race Production N http://www.frostyerfanny.com/ The 2007 Frost Yer Fanny Duathlon RESU LTS SPONSORS REGISTER BANQUET The Details: O O O 4-1 of ra N 0 0 N r -i N > L (0 (0 r-1 (0 c 0 a) U ra Q x °a) C O - -ce O c C O C C L L >- (0 +, cn O y_ a) a) H U) O r- (...) U .1J 4- a) (0 Ln N N 1- ram x H 410 C 0 0 _a -c Q1 0 L a-' L (I) i O -0 U -o ram a) O N O a) _C (0 H N HE U a) O i O c U _a. c L . C •L o g 0 a- - E U) ra 0 M� C • O o 1— a) E L a) > a) O U 0) L ro E a) a) L O U a) -c L O) O O vi -o U C Ti U a) — > r(3 O 1- a) C L C °E Click here to view the 2 -mile run course. Click here to view the 5k run course. The Bike Course: c a) O (0 a) o •4-+ L r 4-1 L t cc 0 >. L E ›..(1) L O O O O O C — •3 a lam- a) a) • a) ++ a) a- i L (a U Q _c a) o •N O 4- u) u) O 0) Q a) O O (0 0 -O U O 0 c 4�.) L U O >cu -o a) — N O tF VI Eras (a O (1) 0 - MI (0 71 U_ ra (1)_ a i O a) O a) U a N i a) cn a) :a 4 H 4-; 1 -O Ot16 O You can view the bike course here. Transition: 0) c Y L - (t • 1- L _ a (n L a) U) O C• C .0 . (0 a) (0 J .N (0 = 4J • 0 D1( - L • (0 O a) t W • O C 4-+ . a) - http://www.frostyerfanny.com/event.asp M r ---- c-1-4 z1-4 O O O N N fl) r c --▪ - The 2007 Frost Yer Fanny Duathlon avaiianie nere ana at pacKet PICK up. ne Favuiion. riap airectiy across the street rrom The Host Hotel: 512-733-6767. (1) 7-1H CO CO En O X a) 1- 0 O 0 CO c0 a) 4-) 0 U - it) 0 .0 O CO N >. L 0 Z .0 0 L to 7.3tn p a) H 0 N L O > ' ri 0 cLn N E tn • c u) • fcs ++ LL. CL 0 = .a D O o p1 To s L 11) > Ln a) OMcaLi - o_ti • a) a) a-' d to • z 0 — eN -I- \ ' 0 a) N X> vO cLn z o • c , w - ✓ 1:). u 4., LL O Cl- am • g o O — L W 01 4 Cr1 (1)a . • 0 M Ln c • v o� O c m L a) .O M N (13 a)c -0 a) U Q M CL 0. 0 0 top relays in Male/Female/Mixed categories. O O O 0 Ln 0 cn d -EA- 0 N - O H O dr z 0 in E O o O a- mo o Ln Z " In E E N O E N a-+ Y ftj -Y rq O. L L) O O L\ d-" Ln (n 0 ,O Ln (n 0 co ' To to Ln no ra co Ln (O (O (O (D ;o.° ' 170-0 ' > > > E > > =a 0 12 o =o o 22 cc11) c c'ieJ Online Registration Closes: January 19, 2007 10:00 PM Pacific Time http://www.frostyerfanny.com/event.asp The 2007 Frost Yer Fanny Duathlon To Register by Mail: Click here to download the registration form. -------------- a) .6j .a) cn U a 12.a) O •'' Z +' n3 O o E 0- (a x c a ro .� 49 E o Q0 1 U C E C 'at o > - o� V O E O N O w (>p c O NL++ R =(a 4.1 L L WI (a O a)� Z u C a N N U d Crt O < g . CU 46 E • U L (00L0 race morning. Refunds, Transfers, Rollovers: There are no Refunds, Transfers or Rollovers. USAT Sanctioned Event: (a vi C (A O C C F— _O O L Q Q v) 0 E > oL) CL r a) C- O u, (O i L u) i = a)LU o L CL O Q E L D o c O o -a co•rn C o E L CO (0 14- U O a C o� a) U._ o O -0 c Ca) u) -C O7-1 u a)L C C 70 �O O fa (/) 'O O p- =a) cam u � (n ca >, 0 c O ( C fu +� O LL (n = -0 L LL D E >,L_ 3 C N C M O 0 (a CI- Li o LL N L i n >. o O iii E N}, Oa) CU 'a Li E 1- 03 Run -Far© Race Production 4 http://www.frostyerfanny.com/eventasp 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 YivKa A ✓\ i> 1''tz C u 0.5 1 mile 0 1 km "toti ;r ROCK. TEXAS RECEIVED OCT 2 71006 Special Events Permit Application Applications must be filed at least fifteen (15) days before the Special Event. There is a fifty dollars (S50.00) application fee for each event. If you are uncertain whether your event is considered a Special Event, please contact the City Manager's office for further information and clarification. Date y Applicant Name .r Address /NJ C� j �L Ptd .=13 (30 �. L'- t') Organization t j 4 R t(.1 ' tt z) Phone S % - 5—/ 9- c /t S.•— Auth Rep. Please check one: 0 Individual ❑ D/B/A 0 Organization 0 Partnership EKrporation ❑ Profit DNonprofit Address Event title Event location: / ' t ft vS i- 1-1+V4I J °Jr% Y li1l& A e 1-1(,;,`1 11tK( Phone Event Coordinator j el J ( "I ;:,t ..2. -d -N Phone Ste! ]. - co r) -G' )6 On -Site Contact On Event Day `2-41 4 1 CSS Phone r f 3. - .G Li - 6 / ‘ f Event Start Date l P0, 0 7 Event End Date: j / t) t 7 Note: Event Cannot Exceed Three Days `• 1 M . l ? o1. 1 / Event teardown time I., C 3 P/11 (Not earlier than :00 a.m.) (Completed not later than 10:00 p.m.) Event set-up time For each day of the meek on ow• Event day Sunday Monday Tuesday Wednesday p Thursday Friday Saturday Start time 7 ', ,t! i q : A /ii Stop time 1 •, ? / Number of persons expected Number of animals .2` Number of motorized vehicle a Types of animals Number of inflatables Tents or Other Temporary Structures (Must meet City's Fire and Building Codes): If you are planning to erect tents, canopies, seating, awnings, booths, first aid stations, portable restrooms or other temporary structures, please describe: Quantity Sizes Types Fire Retardant Leer 10x /`G 7:.N` • Yes No )) sLti,, Yes ./ No 1 Food or Beverages Pet AO Yes No Yes No If you are planning on serving or selling food or beverages, please attach copies of any licenses or permits issued by the appropriate agencies for such vendors. Such vending shall be in compliance with all state and local laws. Amplified Sound If you are planning to utilize any loudspeakers or other form of amplified sound, please indicate on the attached sketch or map the Location and orientation of those systems. Speakers should not be positioned so as to adversely affect any adjacent residential area between the hours of 7:00 a.m. and 10:00 p.m. Signage If you are planning to use or allow signs at such event, please provide details of any planned signage: Disposal of Wastewater Applicant shall submit a plan for disposal of any wastewater in connection with the Special Event and such plan must be approved by the Utilities Department. Events Layout, Equipment & Parkins Plan Please attach a map or sketch of the Event indicating the following: Events Layout, Equipment • Entrance(s) ■ Exit(s) • Plan of evacuation and proposed fire lanes • Amplified Sounds/Loudspeakers Parking arrangements ■ Will parking spaces be utilized by this event? Yes No • Number of parking spaces provided must accommodate projected attendees plus 10% surplus. Also, provide information concerning layout of parking, including aisle widths and size of proposed parking spaces. • Parking attendants? Yes No If yes, how many? • Will there be any offsite parking? Yes No • If yes and parking is on private property, Applicant must submit a letter of permission from property owner. • How will attendees be transferred to the Special Event area and returned? 2 Place check next to the items that will be utilized, and indicate location on map or sketch. Tent(s) Size 1 C' x I 0 . ' z,,c,, I 0 Portable Restrooms # Regular �`1 Handicap j # Others Dumpster(s) Size Barricades Quantity % z< ge Size Hot Air Balloon(s) Quantity Supplier Fire retardant letter(s) Yes No Yes No Yes No Amusement Rides or similar equipment (insurance required) Quantity Type Insurance provided Yes No Yes No Yes No Alcoholic Beverages Giveaway Selling Type (e.g. beer, wine) First Aid Stations Quantity ( Staffing Q Other Permits & Fees Please attached copies of any required insurance, surety bonds, permits or other documents as described in Section 1.3400 of the City of Round Rock Code of Ordinances. Check all components that will be part of your event. Additional fees and other permits or reservations m Animals Banners/Signs iJ Park property Electricity Police Security Barricades/traffic cones Fireworks Alcohol Beverages (non -alcohol) Merchandise sales Portable restrooms Special parking Food Liquid propane Street Cleaning by City Bleachers/Seating Street Closures Fencing Water hydrant- Temp. Meter Other Security, Crowd Control and Traffic Control The Applicant may be required to provide police officers for security, crowd control, and traffic control at the Special Event. The total number of police officers working at the Special Event is determined by the Round Rock Police Department, and in some cases may use planning variables, including: (1) the estimated number of participants and spectators; (2) the availability of alcoholic beverages; (3) topography and size of the event location; (4) weather conditions; (5) the time of day during which the Special Event is conducted; (6) the need for street closures or rerouting of vehicular or pedestrian traffic; and, (7) the history of the particular Special Event. Public Notification If the City Manager requires it, the Applicant shall, at least thirty (30) days before the Special Event begins, deliver written notice to all owners or occupants of real property abutting the boundaries of the area in which the Special Event will be conducted. The notice must include the following information: (1) event date, time and location, and (2) statement that an Application for a Special Event Permit has been filed with the City of Round Rock. 3 Insurance and Bonds If a Special Event uses any portion of the City's rights-of-way, the Applicant shall provide a certificate of insurance to complies with the standards established by the City's risk manager. If a Special Event is on City property, a Ten Thousand Dollar ($10,000.00) surety bond shall be deposited with the Application to ensure that no damage is done to City property. If the City Manager certifies that all conditions set forth in Section 1.3425, Code of Ordinances, are complied with, the bond shall be retumed. If the City Manager does not certify that all the conditions are complied with, any costs expended for policing and/or cleaning shall be deducted from the bond and the remainder returned. Additional conditions are spelled out in Section 1.3425 as to additional costs. If a Special Event is fully on private property, Applicant shall deposit Five Hundred Dollars ($500.00) with the City as a condition that no paper, liter or other debris shall remain on the site after the Special Event is over. The deposit shall be returned to Applicant upon certification by the City Manager that all conditions are met. If the conditions are not met, such costs for cleaning shall be deducted from the deposit and the remainder returned. INDEMNITY AGREEMENT 1) As a condition of a Special Event Permit being issued, the Applicant acknowledges that he/she has voluntarily applied for a Special Event permit that in consideration of the privileges associated therewith, Applicant agrees to PROTECT, INDEMNIFY and HOLD HARMLESS, the City, its officers, agents and employees, from and against suits, actions, claims, losses, liability or damage of any character, and from and against costs and expenses including attorney fees incidental to the defense of such suits, actions, claims, losses, damage or Liability on account of injury, death or otherwise, to any person or damage to any property, arising from any negligent act, error or omission of the undersigned, its officers, employees or agents, arising out of, resulting from, or caused by any act occurring as a result of the exercise of the privileges granted by this permit. 2) APPLICANT AGREES THAT THIS INDEMNITY AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE OF TEXAS, AND THAT IF ANY PORTION IS HELD INVALID, THEN IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT. 3) This indemnity agreement contains the entire agreement of the undersigned and the City of Round Rock, and may not be modified or altered without the express written consent of the City of Round Rock. 4) This indemnity agreement is interpreted by Texas law and is performable for all purposes in the County of Williamson, State of Texas, or the County of Travis, State of Texas. I do solemnly swear (or affirm) that all the answers given and statements made on this Application are full, true and correct to the best of my knowledge and beliefs. I have been given a copy of the ordinance and have read the provisions contained therein and agree to abide by them. Applicant: I hereby grant the Applicant and any affiliated organization permission to use my property in connection with the Special Event and as described herein. Property Owner. 4 Dec 18 06 04:56p p.4 CERTIFICATE OF INSURANCE 12/06/2006 PRODUCER American Specialty Insurance & Risk Services, Inc. 142 North Main Street Roanoke. Indiana 46783 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION oNLY AND COFERS No RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEND.TIFICATE EXTEND. OR ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. INSURED USA Triathlon 1365 Garden of the Gods Rd. Ste. 250 Colorado Springs, CO 80907 INSURERS AFFORDING COVERAGE INS. A: Philadelphia Indemnity insurance Company INS. B: INS. C: • CERT NUMBER: 1000476278 COVERAGES THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS. EXCLUSIONS AND CONDITION OF SUCH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LTR POLICY TYPE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GL PHPK203498 12/01/2006 12:01 a.m. • 12/01/2007 12:01 a.m. General Aggregate - Per Event 2,000,000 Products -Completed Operations Aggregate 1.000,000 Personal and Advertising Injury 1,000,000 Each occurrence 1,000,000 Damage to Premises Rented to You (Any One Premises) 500.000 Medical Expense Limit (Any One Person) Excluded DESCRIPTION OF OPERA11ONS/LOCATIONSNEHICLES/EXCLUSIONS - The Cei1if cateholder is only an Additional Insured January 21, 2007. ADDED BY ENDORSEMENT/SPECIAL PROVISIONS with respect to liability caused by the negligent ads or omissions of the Named Insured as respects b the FROST YER FANNY on • , • CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TX 78664 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER. BUT FAILURE TO MNL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE J., r v•P C <— ,•• N.b•- 04; vv\-/ • - gIrla 1,1300 meters b11 athroom LJ pavilltort LJ tita I I flalah 0 0:o 3200 meters n htAoy Boys Ccs u rse boys 3.200 meters mssns rsp..t swung* 5000 meters '' r") 2./ KA A A 142 13 miles 3 miles Settlers Perk �P•uwn V3I e1N:d G MY1V -03 g t y4iA 1) i (41 40 X X FROST YER FANNY DUATHLON Event Date: January 20th through 21St, 2007 SPECIAL EVENT STAFF COMMENTS ➢ Please comply with the following requests: o Code Enforcement - Please indicate if there is signage for the event. ➢ Police - Approved with these comments ■ This event will require services from the Police Department, which will be arranged by the Police Department. ➢ Fire - Approved with these comments ■ The Fire Department is not required for this event. ■ All tents must have fire retardant letters. ➢ Engineering & Development - Approved with these comments: o Please note there will likely be development related construction occurring along CR 117 & CR 122 (between miles 16 & 17). o The race director may want to coordinate with the developer and developer's contractor as the race approaches. o The developer is Paloma Lake Development. The contact is Blake Magee or Amy Frederick at 512.481.0303. Dec 18 08 04:56p RunFARRACING SERVICES Fast, Accurate & .Reliable December 18, 2006 Margo Davis Asst City Secretary City of Round Rock Round Rock, Texas 78664 Re: Frost yer Fanny Duathlon Dear Margo: I am writing in response to your letter dated November 14, 2006, regarding our permit application for the Frost yer Fanny duathlon. Your letter included a list of comments which I am addressing. I. Code Enforcement — We will have traffic delay signs on the bike course 10 days prior to the event. A copy of the sign is attached to this letter. II. Police — We have arranged police traffic protection through the Round Rock Police Department. We have hired 5 officers and 5 vehicles to assist with traffic control. III. Fire — The Fire Department is not required for this event. And no tents will be used, therefore, the fire retardant letters are not required. IV. Engineering & Development — We have contacted Amy with Paloma Lake Development and have worked out an arrangement to avoid any construction issues on race day. A copy of her letter is attached as well. I have also enclosed a copy of the City's Right -of -Way agreement for the Texas Department of Transportation. TxDot will need the agreement signed by the City of Round Rock for in order for us to use Hwy 79. In addition, I attached the COI for the CORR. Thank you for your cooperation and please let me know if you have any questions. Siccerely, Raul Najera 2300 S. Lamar Blvd, Suite 109, Austin, TX 78704 Tel (512) 326-1600 Fax (512) 326-3630 www.run-far.com p.2 1 L2006 WED 15:08 FAX 15122186681 ROUND ROCK POLICE DEPARTMENT 615 E. PALM VALLEY BLVD ROUND ROCK, TEXAS 78664 PHONE: (512) 218-5500 FAX: (512) 218-7060 RECEIVED DEC 2 01006 "TO PROTECT and SERVE" December 20, 2006 Texas Department of Transportation, Austin District PO Drawer 15426 Austin, TX 78761-5426 Ms. Brown: The City of Round Rock Parks and Recreations will host a Runfar duathlon event on January 20th, 2007 at Old Settler's Park. Parks and Recreations will request from Texas Department of Transportation a temporary road closure with a traffic control plan that affects Highway 79 (Palm Valley Blvd.) to be approved by Round Rock City Council. This letter affirms Round Rock Police officers will be provided in accordance to the traffic control plan. If you have any questions please contact me at 512-218-5519. Sincerely, Lt. Alain Babin Patrol Division 3O NVN31NIVW 133Vi11 cj, D N Cn c O 5' 1 o X Q co - 03 D- V n' x A crn (n - c a, CD w is o N spaepuels 104X1 6LSflA04d01 O O D N < CCA n.a 0 o C) = X3ONI 1221 -IS 0 Q • a) `Z • N L D 11)X Ello c v � N � O �7 O 0 V n 27 --1 X dOd NV7d 70d11NOO Oldd Vdl G:UUSTIMCIVILP• jecs200000-IJOTA TCPsIDD07112011Te. 20 Miler12007ITCP.d0c L JO Z,L121HS />-10 mo 000mzmzz §X§§))m Homm0omo 5%jwo0mm m7oem ~4 mm2 -000 )j2/§\ } } ]�§/m= \0-Zm.* O°30R c>F1 m000 _ 1 0 & \ - , 7777, .co � Gfo `® ƒ*-�:/..®iR§y;2 \ Traffic Control Plan for: Frost Yer Fanny Duath/on U0408.fla leneJI 5. 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Y " i to ram u*"R5E t`;e t s 7 -a 'a* .�, :' A NOTES: :. ; .`,�` ,'�>•`; '� �'"a•,�1 t *�' ”" a 4< �r � }? �, -.4�� 'y y ifi �,�."* + "i. a �, S:a i'sr hL. 4,4V,`s -`"„i`s"Ie:Y t*. e 1VY a, qs' ` 1 " y, ky:„;..4 :.r .+f r�z�.,n •:," ,,a i`t r F”' d s h,4' „g_k. _`^, . W ;`•'' * s- N `+•:�'..,a its z•ml .x2#s„1ti t ;:,;,�%'#K�5'.p `9�„'...t c�,.7' t ;x.t ' .s,.w., ,+"P'. i.CLOSE RIGHT LANE ON WEST BOUND U5 79 BETWEEN OR 122 '':” ',:are::, 'S•""vi,, rA '.�. `m s �: -.k ,' F 6'N s'S �sxa; 1 I'm ! ? r7 N+ ..' S t 's 3+s x _ <r#," `. _ y ;q s,,°„ 7,.,. y,-,", ,r y C � w..&`F'+fiY"`'"r£ q�„ 0 �n,,,.r�•�u - AND HARRELL PKWY AS PER TxDOT STANDARD TCP(1-4a). yr,-.. �+,� ;:4?. 9''1r' r•c}:r5 . ..t „£ :.,: '1 x a')w �' r" ...:• c�".;, r 1,s Y r7t 1`t �Fa ce,�*'1,�? '; xtrYi"�e:ti `" ''" h`#f' ',;:t^ W u J.„: 2.BASED ON POSTED SPEED OF 55 MPH ON US 79 THE FOLLOWINGSHALL B REQUIRED ': - `, t:"tom C�31' °r '3� igqt,S ys. 4 `Y.^' .Y, ? `a.Z s��•carr sla ;,: ,•sn s' '* f rm s[;1¢b t a 1zT to a ",, r -'s, EON US 79. S 'A•, 't~ ,7a.� ��5�1 = : rt ya r`+. c ra rti S',,,1 MIN.TAPER LENGTH:L ES .r'�,,-. '�tt>s.:. €•,^,Yr+"'`� „t z.;;t ,. ;., x ., „ «'CH'AN.4E I iN,S,�?;EVIG$" nr"'� "'" .,'^ £ N.,{;:., It t'? a{ MAX.SPACING OF DEVICES=110'-140'O N TANGENT t '{ *' z" Kr'1� vin,.. ^> ae L, ,rf ,s asf v9+ -:4 iat'C. ;a tn: _ saa` n`a'a SPA r T 26b;,+;LQN AbIUS'1 a, r£ "K ,_1Yx 1a 4 c fir.,.+.. MAX.SPACING OF DEVICES=55'ON TAPER rv? .. «".'':; -"-.'.t tt r(; ' < ..`•'t?"•�SI' )a3.j .yq) u3.':.,E 3T i k n,, :::".`F?il ''c." .+a ro ceK..,r, 1p,.. .:., k t 'M1.,.£, �+`t�w--+ n "k'•- d ,.;,,,a -".r 3k"s g?PS �a „= a-,e:° MIN.SPACING OF SIGNS:X=500' haw n a 1 g R fi a �� j6 a t:,.c m s rx t 3 r 1 ..1bt 4 SIZE OF SIGNS=48"X 48" a7ESSAC7 SIGN z ,� ,., �, 1n s `?" �'' •°: e; 'S1m " t} " '4 K , € $ QdR�' ar ' x ` `s iw '- ast); 3.DUE TO SHORT TERM DURATION OF LANE CLOSURE, CHANNELIZING DEVICES MAY BE CONES OR TUBULAR U gas , cx,a� �y �„ '15 an'€+r «€t w'f: wr, F + ,x s g =... •= r M x :' 4'•at,�n�. s�rvra Y SGm ax $€* V'�aa;sg., fy I MARKERS MEETING TxDOT STANDARD BC(9)-03. � r 4 4 r T m S 4 W i= -:'#p� W,{EN CEM'vN-T ~ { "'<.p}) G '_• 4 s cwt C `ten.. 9:-.i��` 1 Mimg�` Ua' :.a �«„'�7i t:.'1,rr#'s ,t +1 cs oslu n �i*wR'- 'WE .. a zh 4n tt se? 7 r a�tYs's'S, s�; '4:av°q Lf&�F'IzNFQF�CEMENT :yin,. Lr ' r S a a_ 1t^' 7 '" w" )` '"` PFFICER ��t. LEGEND •CHANNELIZING DEVICE �x„,a,r #r{ y 's .v a Dry i N•^ N•y u t `,,.Y .„ ` � H TYPE III BARRICADE s; s '� '" •` - is ,.. I Ag : v*FLAGMAN s>q < a^yt mg �' -SIGN LOCATION _ i �, ;• 'EAB A r r s :_- lre- 8 PORTABLE CHANGEABLE MESSAGE SIGN 0 ARROW BOARD SHEFROST YER FANNY DUATHLON ET ` —scAENONE -- ROUND ROCK, TEXAS TCP 1 JU.NUUBE 00 IOTA-o — _ DA E t2/22/2008 - EIhEUAMELevRosr o]Hva.Dwc(Tca 1 /tsu�clnres US 79 LANE CLOSURE DRAWN sY RCJ — 420, EREIORICH LANE.SUITE 110 TRAFFIC CONTROL PLAN 6�1•y.,i.- -_D slcN DY Ue -- AUSTIN.TEXAS 78444 3 of 7 N_,_ EY LLB VHONE(S12)94)-90BI rAX-(512)r43-.1912 D I S<L. I NIER TV, hss of tnis s oodoed is ooyerned oy ins 'Texas Engineering Fraclice kind is misOs ny Tenni for oily nurpose,tiolsoeyer. Tefni o omes no responsito for il,of this s „raoru 1„ otner fo mois or for inoor,eci r_sk,ia or da on,s eesoilino from iie auo1 eup n 0 n 1500'f Shoulder Shoulder n -o m N7ld -1O81NOJ JIi3d6l 4E4E4 D910 4CC. t 2 }�34S546323"394011424 } 4 s 2 6 — 1E 2191415Iv 2 1445444144 }off 4. 0515_2533 5565355 '0616263 DISCLAIMER Tr. use Of this st'Ondgrd is governed ray the "Texas Engineering Practice Act% f0W arranty 0 Ring is ape ay 1,00i for any purpose whatsoever. TrDOT n e m s no r sibil iyfor the cormersion of this standard to Other formals Or forincorrect results ordomoges resulting from its use. 151 TEL Drs La 9r0 ED CD 155 sasG c. DISCLAIMER „ The u of standard Is governed by the "Texas Engineering Practice 4 my o Kind is mode n by Tx00T for any purpose w Tr:00T assumes 10 responsibility _on.�rs•on of this stendord i'a other formats r faraincorrect results ore domagessresulting from its use. 0 O Z O 0 O 0 0 O Z O O L o n m Z CO O o 0 —I ▪ O Laa-sa Ice oase bolted anchor 13NNVHD ONIM 0 O a Q D n L m • K rnc m z 0 EXAMPLES OF GROUND MOUNTED SIGN SUPPORTS 0 O AdVN011VlS 11831 31VIG316 iNNOry GINS 3T8V180d ❑ S1dOddOS NO1S SHORT TERM STATIONARY/SHORT DURATION - PORTABLE SIGN SUPPORTS ❑ E Els 01511 VE9 4 5 6 7 6 9 10111513]41516 201'e30442"54 3730414 54594 4.5051525 55E575 DISCLAIMER The use of this sFolidnrd 15 governed ay the "Te.vas Engineering Fr o� t - i00 Act" kind is erode by t.D01 for any purpose whatsoever. 05000 assumes e5ponsibility f isreT of this standard to other formats or for incorrect results or damoges resulting from its use. 20' 20"' 49' Q C CO Cr) 0 N -1 co o (-). [n 0 O N CO 5 0 n — C z O 0 f 0111)-0 Inll = 3 ' 3 3 A. loom! rim I 1 0 900L1 ii0uS SauO0 90010 -Z ,.Zp 'SGI O£ 40 nwiu;w 0 anOU I1OL0 SauoJ M31A NC -Id M3IA NV -Id e * e W. e e e TYPE III BARRICADE (POST AND SKID) TYPICAL APPLICATION r 00 F 0 rn Z Z C7 0 0 00 0 O 0 E 0 DATE: January 4, 2007 SUBJECT: City Council Meeting - January 11, 2007 ITEM: 13.B.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 Frost Yer Fanny Duathlon. Department: Parks and Recreation Department Staff Person: Rick Atkins, Parks and Recreation Director Justification: The "Frosty Yer Fanny Duathlon" is an event that will add to the image of the City's quest to be the Sports Capital of Texas. If successful this could become annual event that will provide a health active event to promote a energetic life style for our citizens and those around the State. Funding: Cost: None Source of funds: N/A Outside Resources: Melissa Day Background Information: The Frost Yer Fanny Duathlon is being held in Round Rock in conjunction with the South Mid -West Regional Annual Conference and Multi -Sport Celebration. The group will enjoy this event as well as planning for future Triathlons and duatlons with in the region. Public Comment: N/A 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 for the purpose of Frost Yerr Fanny , from January 21, 2007 to January 21, 2007 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 I day of G'J)11U , 200 7 , the Rama ROCkCity Council passed Resolution No. R -07-b1-11-1381 , 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-017-01-11- )381 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: 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 OUN ' ' OC Execut=4 al g By Ci cial Typed or Printed Name and Title ernment by: Date Agreement No. 11)„Q.0017 NyLE 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 Commis By District Engineer-' TRF - TEA30 CLOSURE (Incorporated) Date Page 5 of 8 Rev. 06/08/05 TRF - TEA30 CLOSURE (Incorporated) Agreement No. Exhibit A Page 6 of 8 Rev. 06/08/05 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Mayor NyleMaxwell MayorPro-tem Alan McGraw CouncilMembers Rufus Honeycutt JoeClifford CarlosT. Salinas ScottRhode Gary Coe CityManager James R. Nuse, P.E. CityAttorney Stephan L. Sheets January 5, 2007 Dear Ms. Davis: The "Frost Yer Fanny" Duathlon is being held in Round Rock in conjunction with the South Mid -West Regional Annual Conference and Multi -Sport Celebration. The group will enjoy this event as well as planning for future Triathlons and duatlons within the region. The proposed start time for the duathlon is scheduled for 7:00 AM and to conclude by 1:00 PM on the same day. In order for the event to take place the city would need to support the road closure of one lane of West bound traffic on HWY 79, from County Road 122, to just West of the entrance of Harold Parkway into Old Settlers Park. The "Frosty Yer Fanny Duathlon" is an event that will add to the image of the City's quest to be the Sports Capital of Texas. If successful this could become annual event that will provide a healthy active event to promote an energetic life style for our citizens and those around the State. It is the Parks and Recreation staff opinion that the race can be conducted successfully if all safety practices are followed. Those would include a Barricade plan, Traffic Control Plan and involvement for the Police Department. Rick Atkins Director Round Rock Parks & Recreation 301 West Bagdad, Suite 250 Round Rock, Texas 78664 (512) 218-5540 Phone (512) 218-5548 Fax CITY OF ROUND ROCK PARKS AND RECREATION DEPARTMENT 301 WestBagdad, Suite25o • RoundRock, Texas78664 Phone: 512.218 .554 o • Fax: 512.218.5548 • www• c i. round -rock. tx. us The 2007 Frost Yer Fanny Duathlon W Y/ z 0 a. 0 REGISTER BANQUET w 0 Z ro (0 Q) L O .4' V C 0 0 c (0 H (0 a.' Q) V (I) U C Q) L _cw c O i Q) O L C O Q O O }, L O .Q) C L in +' - o c(0 E ,- U 4-+s (f) �^ C 113 X LL Q 00 00 O Z OC 4J "0 O c z 1-- 0 0 (0 C Q) a.' +' U fu 0 10 QJ -0 L C QJ (0 c C 3 C a O W c C c (0 O N -0 Q) c D C0C Start making plans now to join us for a great weekend of triathlon planning and duathlon action! 0 0 D 0 L a U (0 0 L ru LL http://www.frostyerfanny.com/ The 2007 Frost Yer Fanny Duathlon SPONSORS BANQUET The Details: 0 E O O .I -J O O N N L (0 r'1 (0 V) O v U N UI (0 Y tu v o- - 0 M .O 0 c C L CU L ›-a a-+ 0 1- 1.1 - cu tLv HIA The Run Course: Click here to view the 5k run course. The Bike Course: rCi (0 v • c O co v o ++ r L 4- c • O o E 3 L .1-•+ v O O C O C U— L v 3 �-C Q) • W _ C -CL J..1 L 1— t a-+- QL 0 c O U a_c v O - O v in O E O O (0 0 ,--i — — '6 _U 3 c0 OL U 0 >, v .° a n4- E (13 c 0 a (0 (13 _U v (0 v L a O • v0 v U N ✓ (7) v H 0 C•-0 v c 1-- oo 4° 0 You can view the bike course here. v -o 0 C • c- 0 - . a v (0 v- • a-, N• : a-, • 0 L • (0 0. v� L v Q- N 0 C O c 0 • L c e' H � 0 The 2007 Frost Yer Fanny Duathlon a 7 U_ a a) 0 16 0. a✓ is D c <0 N L w a) O <0 (t3 CI 0 > a) 4, O a-+ a) L. in a) (1 0 0 10 13 a)) a to N M N .-1 Lfl (1) 1— ,-1 O t0 CO in <0 X a) 1- 0 0 'O c 0 co L a) d-1 0 1- U - it) u-(0 - • O .du) O (L0 O N >. top relays in Male/Female/Mixed categories. v O. a) 0 p E f vi p F- rn d- 0 I O E O E N ( a Eo Eo Zei 0 a C O -C O O (n ;L \ 01 O' -X. ,- 0 OO I Lf) E ' 1 In E 0 " t N \ O O N ) � 'L\ 0�L\ ++ O 7 Y a •,... +.-+ �; Ln(!)O S;Lf)(n0 L. ON 1 1 � co I CNI 4.I 1 U) � � ' rti v v� a°)c L t :a :a a. 0 -a 9. C iv c a cc0 icca) 4— ▪ <o t o F • ---- - t. http://www.frostyerfanny.coni/event.asp The 2007 Frost Yer Fanny Duathlon CC/ .� C in V) a) (n U c v c O I za.., o L (o o --- • (;) O as 0 - CL a) 4-, 0 rn — o.c a (a � a O uu) EO O a u O w > 0 O (a C 4.1L = (La to 0) 0 CC ( 3 v O • (aZo i '00 S. C ▪ Q �' H (n >d — H (a O . • u Q u E: Y u L O (uU a LL >- �a O. L a) O O O L L ,:_w_ c O (a O cd vi L N 0 • C L I— L) 13 C• , C a) w F- a) USAT Sanctioned Event: c. u) O c c 1- O _O .a (a E 5' 0 CL Q 0 t w (a L i us( z a) L v z _ L I— fl- O Q :E _c C n O C O 0 O U U i TRF - TEA30 CLOSURE (Incorporated) Agreement No. Exhibit B Page 7 of 8 Rev. 06/08/05 RESOLUTION NO. R -07-01-11-13B1 WHEREAS, the State of Texas, through the Texas Department of Transportation ("TxDOT") owns and operates a system of highways for public use, including US 79 in Round Rock, and WHEREAS, the City of Round Rock Parks and Recreation Department has made a request to TxDOT that the right lane of US 79, westbound from Red Bud Lane to Harrell Parkway be closed on January 21, 2007 from 8:30 o'clock a.m. to 11:00 o'clock a.m. for the Frost Yer Fanny Duathlon ("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 Frost Yer Fanny Duathlon 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 0:\wdox\RESOLUTI\R70111B1. 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 llth day of January, 2007 L, Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secreta 2 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 for the purpose of Frost Yerr Fanny , from January 21, 2007 to January 21, 2007 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 Council passed Resolution / Ordinance No. as "Exhibit B," establishing that the Event serves government to enter into this agreement with the , 20 , the City , attached hereto and identified a public purpose and authorizing the local 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 e 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 pians 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 CLOSURE (Incorporated) Page 3 of 8 Rev. 06/08/05 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: State: Texas Department of Transportation Lowell D. Choate, P.E. Director, 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. TRF - TEA30 CLOSURE (Incorporated) Page 4 of 8 Rev. 06/08/05 THE CITY OF ROUND ROCK Executed on behalf of the local government by: Date By 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 C Page 8 of 8 Rev. 06/08/05 r>�°t r IN 5 miles 15 miles 'f 4 miles 14 miles CR 109 „„mow 6 miles ` 13 miles 16 miles stie 3 miles 7 miles g ; cR 117 S.We Pwk 17 miles s= 3 Rosa `5 C nt ¢� erA an T W Oen 2 i1 ' 12 _ pswe miles TCO to n a ` � LFG 11 miles; / 'pe 8 mile b 1 mile: C p eruo 79 r• 4 h I es i 10 miles DIM miles 0 0 5 1 mile �v^ 0 1 km ROUND BOCK, TEXAS RECEIVED OCT 2 7 2006 Special Events Permit Application Applications must be filed at least fifteen (15) days before the Special Event. There is a fifty dollars (550.00) application fee for each event. If you are uncertain whether your event is considered a Special Event, please contact the City Manager's office for further information and clarification. Date Applicant Name Address ' L1 -I/ Ailei .t .1'4-� 0 _Leiy�Lf' Organization � f R vci ') Phone c/ - C) - /i S- Auth. Rep. Please check one: 0 Individual 0 D/B/A 0 Organization 0 PartnershipCo rporation 0 Profit [Nonprofit Address .� C• �� cn c, (,.. ��_. Phone Event title ; / St Y A (Vlt6A Event location: Event Coordinator (c el J 1 �, y -N Phone S-/ - I . r/ -e' % f On -Site Contact On Event Day 6t C1 �� Phone r/ _ C-6 L/ -0 / ‘r' Event Start Date ‘p a) C 7 Event End Date: / j, t) 7 Note: Event Cannot Exceed Three Days c'.4M tl )Q/07) (Not earlier than 00 a.m.) Event set-up time For each day of the Nvek on Event teardown time I , C v 3 /vy (Completed not later than 10:00 p.m.) Event day Sunday - - - -- Monday - ..... ._....., ••••••••,•••-c. Tuesday i III.G 4.46,4 Wednesday unit atop umes Thursday oetow: Friday Saturday Start time 7 ',4 it.\_ q y A (t' Stop time (.. i• 1 iZ Number of persons expected Number of animals Number of motorized vehicle Types of animals Number of inflatables 7 Tents or Other Temporary Structures (Must meet City's Fire and Building Codes): If you are planning to erect tents, canopies, seating, awnings, booths, first aid stations, portable restrooms or other temporary structures, please describe: Quantity Sizes Types Fire Retardant Leer 1 )L'X l'e.-1Al- • Yes -,No / / d;'. } J sG-.004-- Yes ./ No /9 i Pe.:(Ao c i).44,1+4.-i•--1.Yes No Yes No Food or Beverages If you are planning on serving or selling food or beverages, please attach copies of any licenses or permits issued by the appropriate agencies for such vendors. Such vending shall be in compliance with all state and local laws. Amplified Sound If you are planning to utilize any loudspeakers or other form of amplified sound, please indicate on the attached sketch or map the location and orientation of those systems. Speakers should not be positioned so as to adversely affect any adjacent residential area between the hours of 7:00 a.m. and 10:00 p.m. Signage If you are planning to use or allow signs at such event, please provide details of any planned signage: Disposal of Wastewater Applicant shall submit a plan for disposal of any wastewater in connection with the Special Event and such plan must be approved by the Utilities Department. Events Layout, Equipment & Parking Plan Please attach a map or sketch of the Event indicating the following: Events Layout, Equipment • Entrance(s) • Exit(s) • Plan of evacuation and proposed fire lanes • Amplified Sounds/Loudspeakers Parking arranEements • Will parking spaces be utilized by this event? Yes No • Number of parking spaces provided must accommodate projected attendees plus 10% surplus. Also, provide information concerning layout of parking, including aisle widths and size of proposed parking spaces. • Parking attendants? Yes No If yes, how many? Will there be any offsite parking? Yes No If yes and parking is on private property, Applicant must submit a letter of permission from property owner. How will attendees be transferred to the Special Event area and returned? 2 Place check next to the items that will be utilized, and indicate location on map or sketch. Tent(s) Size j C x j G,' 1.,r }'0 1 0 Portable Restrooms # Regular 1 Handicap 1 # Others 1 Dumpster(s) SizeJ ,t Barricades Quantity ' Size ft Hot Air Balloon(s) Quantity Supplier Fire retardant letter(s) Yes No Yes No Yes No 0 Amusement Rides or similar equipment (insurance required) Quantity Type Insurance provided Yes No Yes No Yes No Alcoholic Beverages Giveaway Selling Type (e.g. beer, wine) 1 First Aid Stations Quantity ( Staffing Other Permits & Fees Please attached copies of any required insurance, surety bonds, permits or other documents as described in Section 1.3400 of the City of Round Rock Code of Ordinances. Check all components that will be part of, our event. Additiona Animals Banners/Signs v Park property ✓ Electricity Police Security Barricades/traffic cones Fireworks Alcohol Beverages (non -alcohol) Merchandise sales Portable restrooms Nir Special parking Food 1.7 Liquid propane Street Cleaning by City Bleachers/Seating Street Closures Fencing Water hydrant- Temp. Meter Other Security, Crowd Control and Traffic Control The Applicant may be required to provide police officers for security, crowd control, and traffic control at the Special Event. The total number of police officers working at the Special Event is determined by the Round Rock Police Department, and in some cases may use planning variables, including: (1) the estimated number of participants and spectators; (2) the availability of alcoholic beverages; (3) topography and size of the event location; (4) weather conditions; (5) the time of day during which the Special Event is conducted; (6) the need for street closures or rerouting of vehicular or pedestrian traffic; and, (7) the history of the particular Special Event. Public Notification If the City Manager requires it, the Applicant shall, at least thirty (30) days before the Special Event begins, deliver written notice to all owners or occupants of real property abutting the boundaries of the area in which the Special Event will be conducted. The notice must include the following information: (1) event date, time and location, and (2) statement that an Application for a Special Event Permit has been filed with the City of Round Rock. 3 Insurance and Bonds If a Special Event uses any portion of the City's rights-of-way, the Applicant shall provide a certificate of insurance to complies with the standards established by the City's risk manager. If a Special Event is on City property, a Ten Thousand Dollar ($10,000.00) surety bond shall be deposited with the Application to ensure that no damage is done to City property. If the City Manager certifies that all conditions set forth in Section 1.3425, Code of Ordinances, are complied with, the bond shall be returned. If the City Manager does not certify that all the conditions are complied with, any costs expended for policing and/or cleaning shall be deducted from the bond and the remainder returned. Additional conditions are spelled out in Section 1.3425 as to additional costs. If a Special Event is fully on private property, Applicant shall deposit Five Hundred Dollars ($500.00) with the City as a condition that no paper, liter or other debris shall remain on the site after the Special Event is over. The deposit shall be returned to Applicant upon certification by the City Manager that all conditions are met. If the conditions are not met, such costs for cleaning shall be deducted from the deposit and the remainder returned. INDEMNITY AGREEMENT 1) As a condition of a Special Event Permit being issued, the Applicant acknowledges that he/she has voluntarily applied for a Special Event permit that in consideration of the privileges associated therewith, Applicant agrees to PROTECT, INDEMNIFY and HOLD HARMLESS, the City, its officers, agents and employees, from and against suits, actions, claims, losses, liability or damage of any character, and from and against costs and expenses including attorney fees incidental to the defense of such suits, actions, claims, losses, damage or liability on account of injury, death or otherwise, to any person or damage to any property, arising from any negligent act, error or omission of the undersigned, its officers, employees or agents, arising out of, resulting from, or caused by any act occurring as a result of the exercise of the privileges granted by this permit. 2) APPLICANT AGREES THAT THIS INDEMNITY AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE OF TEXAS, AND THAT IF ANY PORTION IS HELD INVALID, THEN IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT. 3) This indemnity agreement contains the entire agreement of the undersigned and the City of Round Rock, and may not be modified or altered without the express written consent of the City of Round Rock. 4) This indemnity agreement is interpreted by Texas law and is performable for all purposes in the County of Williamson, State of Texas, or the County of Travis, State of Texas. I do solemnly swear (or affirm) that all the answers given and statements made on this Application are full, true and correct to the best of my knowledge and beliefs. I have been given a copy of the ordinance and have read the provisions contained therein and agree to abide by them. Applicant: 40 I hereby grant the Applicant and any affiliated organization permission to use my property in connection with the Special Event and as described herein. Property Owner. 4 Dec i8 06 04:56p p.4 COVERAGES THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION OF SUCH POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CERTIFICATE OF INSURANCE 12/06/2006 PRODUCER American Specialty Insurance & Risk Services, Inc. 142 North Main Street Roanoke. Indiana 46783 • THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POUCY BELOW. INSURED USA Triathlon 1365 Garden of the Gods Rd. Ste. 250 Colorado Springs, CO 80907 POLICY EXPIRATION INSURERS AFFORDING COVERAGE INS. A: Philadelphia Indemnity Insurance Company INS. B: INS. C: CERT NUMBER: 1000476278 • COVERAGES THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION OF SUCH POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LTR POLICY TYPE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GL PI-1PK203498 12/01/2006 12:01 a.m. 1210112007 12 01 a.m. General Aggregate - Per Event 2,000,000 Products -Completed Operations Aggregate 1.000.000 Personal and Advertising IniuryOccurrence1,000.000 Each Occurrence 1,000,000 Damage to Premises Rented to You (Any One Premises) 500.000 Medical Expense Limit (Any One Person) Excluded DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS - The Ceniticaleholder is only an Additional insured with respell to liability caused by Mie negligent acts or omissions of the Named Insured as respects so the FROST YER FANNY on January 21, 2007. • • CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TX 78664 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE • 02,16, KrA-AiN1 0., Cisc r-- 9103 1.600 meters ns -,„1.)111"Se 00 3200 meters I C>r iu tt v\Vly (-/v\ Cerw"4.€. Boys Course boys 3.200 rosters repitItt costal* imeimomonommuinerowsmo 5000 meters r�� ' i .J / A A ,lam i:.�,.rc_. 0 401 c VO 4) vy3 45 c 4.5 400 At 16. ,..) 0 0 t33 FROST YER FANNY DUATHLON Event Date: January 20th through 21St, 2007 SPECIAL EVENT STAFF COMMENTS ➢ Please comply with the following requests: o Code Enforcement - Please indicate if there is signage for the event. ➢ Police - Approved with these comments ■ This event will require services from the Police Department, which will be arranged by the Police Department. ➢ Fire - Approved with these comments ■ The Fire Department is not required for this event. ■ All tents must have fire retardant letters. ➢ Engineering & Development - Approved with these comments: o Please note there will likely be development related construction occurring along CR 117 & CR 122 (between miles 16 & 17). o The race director may want to coordinate with the developer and developer's contractor as the race approaches. o The developer is Paloma Lake Development. The contact is Blake Magee or Amy Frederick at 512.481.0303. Dec 18 06 04:S6p P-2 RunFAR RACING SERVICES • Fast, Accurate & Reliable December 18, 2006 Margo Davis Asst City Secretary City of Round Rock Round Rock, Texas 78664 Re: Frost yer Fanny Duathlon Dear Margo: I am writing in response to your letter dated November 14, 2006, regarding our permit application for the Frost yer Fanny duathlon. Your letter included a list of comments which I am addressing. I. Code Enforcement — We will have traffic delay signs on the bike course 10 days prior to the event. A copy of the sign is attached to this letter. II. Police — We have arranged police traffic protection through the Round Rock Police Department. We have hired 5 officers and 5 vehicles to assist with traffic control. III. Fire — The Fire Department is not required for this event. And no tents will be used, therefore, the fire retardant letters are not required. IV. Engineering & Development — We have contacted Amy with Paloma Lake Development and have worked out an arrangement to avoid any construction issues on race day. A copy of her letter is attached as well. 1 have also enclosed a copy of the City's Right -of -Way agreement for the Texas Department of Transportation. TxDot will need the agreement signed by the City of Round Rock for in order for us to use Hwy 79. In addition, I attached the COI for the CORR. Thank you for your cooperation and please let me know if you have any questions. Sipcerely, Raul Najera 2300 S. Lamar Blvd, Suite 109, Austin, TX 78704 Tel (512) 326-1600 Fax (512) 326-3630 www.run-far.com 12 '' !2006 WED 15:08 FAX 15122186681 ROUND ROCK POLICE DEPARTMENT 615 E. PALM VALLEY BLVD ROUND ROCK, TEXAS 78664 PHONE: (512) 218-5500 FAX: (512) 218-7060 "TO PROTECT and SERVE" RECEIVED 0001/001 DEC 2 0 2006 December 20, 2006 Texas Department of Transportation, Austin District PO Drawer 15426 Austin, TX 78761-5426 Ms. Brown: The City of Round Rock Parks and Recreations will host a Runfar duathlon event on January 20th, 2007 at Old Settler's Park. Parks and Recreations will request from Texas Department of Transportation a temporary road closure with a traffic control plan that affects Highway 79 (Palm Valley Blvd.) to be approved by Round Rock City Council. This letter affirms Round Rock Police officers will be provided in accordance to the traffic control plan. If you have any questions please contact me at 512-218-5519. Sincerely, Lt. Alain Babin Patrol Division > CO c N.) 0° C --I Cr) OD X CO CO CO `< x cri m (i) co cy) N) 01 01 3ONVN3INIVW 3133Vbi 01>4 c U) m co X ci co oo 0 co C1) 1"-- x 01 CD N.) (1) C.).) N.) spiepueTS _Maxi 6L sn Joi dal. 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SUPPORTS Z 0 SKID MOUNTED 0 EXAMPLES 0 PORTABLE SIGN SUPPORTS SHORT TERM STATIONARY/SHORT DURATION N O O J # 0_ v z 0 Q 0 n 2x6 wood skid E 0 U E 0 0 a v 7 .0 a -0 0 al v 0 .0 J - 3 L0 0 z L J O. a. O0 3 = 0 O L L N 0 - L v 0 E 0 0 E Instructions to locate the 'CWZTCO' an TxQOT website • N u 'N 8 > O �- tl 1 • •ti+J • V t666873:-„ YY Y Y C 0 0 0 0 •- N n 0 LONG/INTERMEDIATE TERM A PERFORATED SQUARE METAL TUBING With Anchor U F- C U a a 12 +L- N N �� �0- 0,V7 QG L L 0, v a1 - 0 • 0 0O, N 0 O, OC 00 v 0 O. N - \ N 0 0 N\ + O 0 0 L.w - - u + 0 m + 0 WING CHANNEL EXAMPLES OF Lap-splice/base bolted anchor N L v 0' 0 0 N . 7 L 0 n a C N 0 c N O n O T - + O O C a O a v O 3 0 v . 0 0 O O L a+ O C C O C •- a acturer's installa Jnufacturer's rec E 0 4- 4- 0 a 0 a L O 0 0 0 3 - U 0 L 04 0 O 0 L 0 0 ' a C. 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