HomeMy WebLinkAboutRES 14-064RESOLUTION NO. 14-064
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to submit an application to the
Texas Department of Transportation for temporary use of State of Texas right-of-way for
the Neches River Festival. The agreement is substantially in the form attached hereto as
Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2014. 'r���h1,1, 1
ayor Becky Ames -
4�'�-,,
§:= I ..:i"., JEFFGRSort
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 3EAun%.jyT- 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 SoT,,� 3 _ in JEFFcnsor, _, County; and
WHEREAS, the local government has requested the temporary closure of
Sour 380 _ for the purpose of
_ lVer- CS R VFR j'0snjai ?,gAA7-)6 from /. V. 2o14 to q-:5'- i�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 , 20 , the 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 shat€ terminate upon
completion of the Event or unless terminated or modified as hereinafter provided.
Closure Incorporated (TEA30A) Page, 1 of 8 rZ,,r. (`5/C2/2008
EXHIBIT "A
;Aig men No.
u'.3
;j phy�sicarl description o; the limits of the Event, including county names and highway
�,r-libers, the number of lan .s the highway has and the nurnber of lanes to be, used, the
proposed schedule of start and stop times and dates at each location, a brier" 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
ble to meet its requirements.
W. The loco! government hereby assures the State that there will be appropriate passage
affic-= fraf f is Closure Incorporaied (TEA30A) Page 2 of 8 Rev. 05/02/2003
„v�l'cir1C ' i01” ernergency vehicle travel andade�ju�ltc: 'ci .,,ess for �'I~. bu-1.,I 1C} CJi C l� :i'ly owners
.wring construction and closure of the highway facility. These allowances, a. nd accE� :uses will
!:,e included in the local government's traffic control plan.
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. At the request of the State, the Local Government shall submit any information required
by the State in the format directed by the State.
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
'i. Prior to beginning any work upon the State's right of way, the local government and/or its
;,ontractors shall furnish to the State a completed "Certificate of In sura, ince" (TxDOT Form
1560, latest edition) and sh 'I rrr.ant i +'-;- i irr fEl`1 :,rr,e and c;zeCr dl_rrincr the period
raffic--Traffic_Clc� a:.;. i (1 =_,`: G;'`, i-'�, : 3 07 v '�:�. C15/021120,36
Agreement No.
&P. c:nCi/:; ' 1[S contractors are encroachlnc) upon the Stat; right of way.
'he :v th, local government is a self-insured entity, the local government shall
provide the State proof of its self-insurance. The local government agre-es to pay any and all
claims and damages that may occur during the period of this closing of the highway in
accordarce 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 19. 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
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.
'i -HE CITY OF �?EAynxoor
Executed on behalf of the local government by:
- a�r�c_GRcsure incorporated (TEA30A) , of 3 Rev. 05!02/2008
Agreement No.
Typed or Printed Name and Title
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,
District Engineer
Date
Rev. `02/2.003
cog@ i3 C�1 b' J. ��Ji