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HomeMy WebLinkAboutResolution - 2007-R0369 - Agreement - TXDOT - Temporary Closure Of State Right Of Way - 08/09/2007Resolution No. 2007—RO369 August 9, 2007 Item No. 5.21 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Iayor of the City of Lubbock to execute an Agreement for the Temporary Closure of tate Right of Way by and between the City of Lubbock and the Texas Department of ransportation for a temporary closure and barricading of the outside lane of 34`x' Street ast of Avenue A to separate heavy transport traffic during peak periods of transport -om ordinary through traffic within the City of Lubbock, which Agreement and any ssociated documents are attached hereto and made a part of this Resolution for all intents purposes. by the City Council this 9th day of August , 2007. DAVID A. MILLER, MAYOR ATTES'r: �+Recca G za, City Secretary APPROVED AS TO CONTENT: Je H , Jr., P.E., City Traffi Engineer APPROVED AS N FORM: Vandfver, DDres/TXD0T-Pyco13arricadeCon07 Res July 23, 2007 Agreement No. STATE OF TEXAS § Resolutioo No. 2007-80369 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 Lubbock, Texas, 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 FM 835 (34th St.), in Lubbock, County; and WHEREAS, the local government has requested the temporary closure of a segment of the outside west bound lane of 34th St. for the purpose of separating heavy transport traffic from through using 34th St. during a peak period of the year, from 2100' east of US 87 (Ave. A) to a point 2500' east of US 87 (Ave. A) 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 9th day of August , 20 07 , the Lubbock City Council passed Resolution 1 Ordinanae No. 2007-Ro369 , 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: E. 34th St. _Closure Incorporated (TEA30A) Page 1 of 8 Rev. 09/29/2006 Agreement No. 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. 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 and/or its contractors 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. S. 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. E. 34th St. Closure Incorporated (TEA30A) Page 2 of 8 Rev. 09/29/2006 Agreement No. F. The local government will provide adequate enforcement personnel to prevent vehicles from stopping and parking along the main lanes of highway right of way and otherwise prevent interference with the main lane traffic by both vehicles and pedestrians. The local government will prepare a traffic enforcement plan, to be approved by the State in writing at least 48 hours prior to the scheduled Event. Additionally, the local government shall provide to the State a letter of certification from the law enforcement agency that will be providing traffic control for the Event, certifying that they agree with the enforcement plan and will be able to meet its requirements. G. The local government hereby assures the State that there will be appropriate passage 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. E. 30 St. _Closure Incorporated (TEA30A) Page 3 of 8 Rev. 09129/2006 Agreement No. Article 7. RESPONSIBILITIES OF THE PARTIES The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 8. INSURANCE A. Prior to beginning any work upon the State's right of way, the local government and/or its contractors shall furnish to the State a completed "Certificate of Insurance" (TxDOT Form 1560, latest edition) and shall maintain the insurance in full force and effect during the period that the local government and/or its contractors are encroaching upon the State right of way. 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 as a result of the activities of the local government or its agents pursuant to this contract. The local government retains any and all privileges and immunities it may have pursuant to state and local law. 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: City of Lubbock: Jeryl D. Hart, Jr., P.E. City of Lubbock Traffic Engineer P.O. Box 2000 Lubbock, Texas 79457 State: Texas Department of Transportation Bryan Wilson, P.E. Lubbock Area Engineer 135 Slaton Highway Lubbock, Texas 79404 E. 34th St. _Closure Incorporated (TEA30A) Page 4 of 8 Rev. 09/29/2006 Agreement No. All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. Article 13. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF LUBBOCK Executed on behalf of the local government by: � Date, David A. Mill r, Mayor Att st: becca G rza City Secretary Approved As To Content: J I D. art Jr., P. E. ity Traffic Engineer Approved As To Farm. .r ' 4 'V)A on Va di r Attorney of Counsel August 9, 2007 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 prggrams heretofore approved and authorized by the Texas Transportation Commission. Eng DateAL'Z E. 34'" St. Closure Incorporated (TEA30A) Page 5 of 8 Rev. 0912912006 Agreement N Exhibit A Over the course of several weeks during the cotton ginning season PYCO Industries must transport approximately 85,000 tons of cotton from their east yard to their location on the west side of the plant. They truck the cotton along a short segment of 34th St. accessing two drives that abut the street. These drives are approximately 434' apart. The heavy volume of transports crossing three lanes of traffic has proven to be disruptive to the through traffic along 34th St. since they have to cross the through lanes twice in this very short segment of highway. We believe it is in the best interest of the traveling public to separate these cotton transports from they through traffic by closing off the outside westbound lane to 34th St. and provide this as a free flow lane for the transports during this peak period. This measure will improve the safety and convenience of both the traveling public and the personnel transporting the cotton product. E. 34"' St. Closure Incorporated (TEA30A) Page 6 of 8 Rev. 09/29/2006 Resolution No. 2007-RO369 August 9, 2007 �XIv-/ Z -T- Item No. 5.21 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the ayor of the City of Lubbock to execute an Agreement for the Temporary Closure of ate Right of Way by and between the City of Lubbock and the Texas Department of ansportation for a temporary closure and barricading of the outside lane of 34'h Street st of Avenue A to separate heavy transport traffic during peak periods of transport >m ordinary through traffic within the City of Lubbock, which Agreement and any ;ociated documents are attached hereto and made a part of this Resolution for all intents purposes. Passed by the City Council this 9th day of August 2007. DAVID A. MILLER, MAYOR I ATTEST: wrJ, 'Rdbecca G a, City Secretary APPROVED AS TO CONTENT: __�. A f - —7 � Je . 'Hatt, Jr., P.E., City Traffi APPROVED AS N FORM: kin n Vandiver, ttorney f Couns DDresr TX DOT-Pyco BamcadeCon47Res July 23, 2007 Agreement No. Exhibit C In accordance with an approved traffic control plan, the outside west bound lane of FM 835 (34th St.) will be separated from the through traffic on 34th This will provide a free lane for semi trucks from PYCO Industries to haul between two of their drives which are approximately 430' apart. Effective dates will be between August 9th - September 14th, 2007. E. 34'h St. _Closure Incorporated (TEA30A) Page 8 of 8 Rev. 09/29/2006 CERTIFICATE OF SELF-INSURANCE The undersigned officer of the City of Lubbock, Texas, a Texas home rule municipality, hereby certifies that the City of Lubbock has a $500,000.00 self- insured retention for Automobile and General Liability in accordance with the laws of the State of Texas. The City of Lubbock has a policy that covers Property/Bodily Injury over $500,000.00 per occurrence with St. Paul Fire and Marine under policy #GPP06301452 which expires on 10/01/07. The current net asset balance of the self- insurance fund is $3,397,295. The existing cash asset balance is $8,650,340 as of the date stated below. By, Leisa Hutcheson Risk Management Coordinator Urate: September 30, 2006