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05-D ROW Closure ContractDRAFT F:kAttorney\LisakResolutions\CURRENTkPumpkin Festival - State Contract Res.wpd August 7, 2003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT OF WAY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of February, 1996, in Resolution No. 96-013, amend City of Paris policy to allow for the closure or use of any street in connection with a special event upon approval of detailed plans by the Special Events Committee; and, WHEREAS, allowing the use of Brame Street from the east boundary line of 7th Street S.W. to the west boundary line of Church Street; Sherman Street from the east boundary line of 7th Street S.W. to the west boundary line of Church Street; Austin Street from the east boundary line of 7th Street S.W. to the east boundary line of 1 st Street S.E. (B.H. 19/24); Kaufman Street from the east boundary line of 7th Street S.W. to the west boundary line of Church Street; Grand Avenue from the east boundary line of 7th Street S.W., east along Grand Avenue and continuing thereon as the street becomes Clarksville Street, to the west boundary line of Church Street; Bonham Street from the east boundary line of 7th Street S.E., east along Bonham Street and continuing thereon as the street becomes Lamar Avenue, to the west boundary line Church Street; Houston Street from the west boundary line 6th Street N.W. to the west boundary line of 2nd Street N.E.; Price Street from the west boundary line of 3rd Street N.W. to the west boundary line of 2nd Street N.E.; 6th Street from the north boundary line of W. Washington Street to the south boundary line of Pine Bluff Avenue; 4th Street from the north boundary line of W. Washington Street to the south boundary line of Graham Street; 3rd Street from the north boundary line of W. Washington Street to the south boundary line of Graham Street; 2th Street between Brame and W. Houston Street; 1 st Street (B.H. 19/24) from the north boundary line of W. Washington Street to the south boundary line of Graham Street; and Main Street (B.H. 19/24) from the north boundary line of Washington Street to the south boundary line of Graham Street/Pine Bluff Avenue for the 2003 Festival of Pumpkins serves a public purpose in that such event will bring a substantial amount of business to the City of Paris and to the downtown area, in particular, and it is deemed appropriate that the temporary closure of said streets be authorized, subject to final approval of detailed plans by both the Special Events Committee and the State of Texas; and, WHEREAS, in order to effect said closure, it is necessary for the City of Paris to enter into the Agreement for the Temporary Closure of State Right-of-Way with the State of Texas, and the form of said agreement, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That it is determined that the use of Brame Street from the east boundary line of 7th Street S.W. to the west boundary line of Church Street; Sherman Street from the east boundary line of 7th Street S.W. to the west boundary line of Church Street; Austin Street from the east boundary line of 7th Street S.W. to the east boundary line of 1st Street S.E. (B.H. 19/24); Kaufman Street from the east boundary line of 7th Street S.W. to the west boundary line of Church Street; Grand Avenue from the east boundary line of 7th Street S.W., east along Grand Avenue and continuing thereon as the street becomes Clarksville Street, to the west boundary line of Church Street; Bonham Street from the east boundary line of 7th Street S.E., east along Bonham Street and continuing thereon as the street becomes Lamar Avenue, to the west boundary line Church Street; Houston Street from the west boundary line 6th Street N.W. to the west boundary line of 2nd Street N.E.; Price Street from the west boundary line of 3rd Street N.W. to the west boundary line of 2nd Street N.E.; 6th Street from the north boundary line of W. Washington Street to the south boundary line of Pine Bluff Avenue; 4th Street from the north boundary line of W. Washington Street to the south boundary line of Graham Street; 3rd Street from the north boundary line of W. Washington Street to the south boundary line of Graham Street; 2th Street between Brame and W. Houston Street; 1 st Street (B.H. 19/24) from the north boundary line of W. Washington Street to the south boundary line of Graham Street; and Main Street (B.H. 19/24) from the north boundary line of Washington Street to the south boundary line of Graham Street/Pine Bluff Avenue for the 2003 Festival of Pumpkins serves a public purpose; therefore, the temporary closure of said streets for such event be, and the same is hereby, authorized, subject to final approval of detailed plans by both the Special Events Committee and the State of Texas. Section 3. That the form of the Agreement for the Temporary Closure of State Right-of- Way, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Agreement for the Temporary Closure of State Right- of-Way, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 5. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 1 lth day of August, 2003. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney STATE OF TEXAS § COUNTY OF TRAVIS § ~ AGREEMENT FOR TI-IE TEMPORARY CLOSURE ' OF STATE RIGHT-OF-WAY TI-lIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafier called the "State," and the City of Paris , a municipal corporation, acting by and through its duly authorized officers, hereinafter called the "City." WITNESSETH WI-IEREAS, the State owns and operates a system of highways for public use and Business benefit, including 19-24, 271, 82 ., in Lamer , County; and WI-I~REAS, the City has requested the temporary closure Of Business 271, 82, 19-24 forthe purpose of City Festival Festival of Pumpkins ,, as described in the .attached "Exhibit A,'" hereinafter identified as the "Event;" and WI'{EREAS, the Event will be located within the City's incorporated area; and WHEREAS, the State, in recognition of the public purpose of the E;;nt~, wishe} 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 fight-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 CLOSURE 1 of 8 7-00 (Incorporated) ~.X]"I~BIT ~,. Event serves a public purpose and authorizing the City to enter into this agreement with the State; and WH~EREAS, 43 Tex. Adm. Code, Section 22.12 establishes the roles and procedures for the temporary closure of a segment of the State highway system; and Wt-IEREAS, this agreement has been developed in accordance with the roles and procedures of 43 Tex. Adm. Code, Section 22.12; .AGREEMENT 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: 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 hereinaf(er provided. 2. EVENT DESCRIPTION The description of the Event, including the proposed schedule of start and stop times, approximate number of people attending the Event, and equipment involved shall be attached hereto and identified as "Exhibit C." 3. OPERATIONS OF THE EVENT A. The City shall assume ali 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. CLOSURE 2 of 8 7-00 (Incorporated) B. The City shall submit to the State for review and approval the construction plans, if ~onstmction 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. C. The City 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: D. The City will provide adequate enforcement persom~el to prevent vehicles from stopping and park/rig along the main lanes of highway right-of-way and otherwise prevent interference with the main lane traffic by both vehicles and pedestrians. The City 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 City 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. E. The City 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 City's traffic control plan. F. The City will avoid or mi'nimize damage, and will, at its own expense, restore ir repair damage occurring outside the State's right~or-way and restore or repair the State's CLOSURE 3 of 8 7-00 (Incorporated) right-of-way, including roadway and drainage structures, signs, and pavement, etc. to a condition equal to that existing before the closure, and, to the.extent practicable, restore the natural'environment, including landscape features. 4. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City will remain the property of the City. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. 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 ~he 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, (~)ligations and liabilities of the State and City under this agreement. If the potential termination of . this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred. The City must remedy the breach as outlined by the State within ten (10) days from CLOSURE 4 of 8 7-00 (incorporated) receipt of the State's notification. In the event the City does not remedy the breach to ib.e satisfaction of the State, the City shall be liable to the State for the costs of remedying the breach and any .additional costs occasioned by the State. 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. 7. INDEMNIFICATION To the extent permitted by law, the City shall indemnify and save harmless the State, its officers, emplByees, agents and contractors from all claims and liabilities due to the activities of the City, its officers, employees, agents and contractors performed under this agreement which result from an error, omission or negligent act of the City, its officers, employees, agents or contractors. Additionally, to the extent permitted by law, the City shall save harmless the State, its officers, employees, agents and contractors 'from any and all expenses, including attorney's fees and court costs which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the City, their officers, employees, agents or contractors. 8. INSURANCE A. Prior to beginning any work upon the State's right~of-way, the City'and/or its contractors shall fun-fish 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 City and/or its contractors are encroaching upon the State right-of- way. CLOSURE 5 of 8 7-00 (Incorporated) B. In the event the City is a self-insured entity, the City shall provide the State proof 'of its self-insurance. The City agrees to pay any and all claims and damages that may occur duri[tg the period of this closing of the highway in accordance with the terms of this agreement. 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 City and the State. 10. COMPLIANCE WITH LAWS The City 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. 11.. LEGAL CONSTRUCTION In case one o~ more of the provisions contained in this agre&ment shall for mY 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 b~ construed as if such invalid, illegal or unenforceaSle provision had never been contained herein. 12. NOTICES All notices to either party by {he other required under this agreement shall be delivered personally or sent by certified U.S. mall, postage prepaid, addressed to such party at the following respective addresses: CLOSURE 6 of 8 7-00 (Incorporated) State: Texas Department of Transportation City: Ail 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 mariner provided herein. 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. CLOSU1LE 7 of 8 7-00 (Incorporated) IN TESTIMONY WI~REOF, thepartie~ hereto have caused these presents to be executed in duplicate counterparts. TIlE CITY OF_ Paris , TEXAS City Official ~ Typed Name Title Date: ATTEST: · City 5~cretary -~ ' ,~ TILE STATE OF TEXAS Executed by and approved for the Texas Transportation Commisston for the purpose and effect of activating and/or carrying out the orders, establish[d policies or work programs heretofore approved a~d authorize2k by the Texas Transportation Commission. By: ,,, - District ' Date: CLOSURE 8 of 8 7-00 (Incorporated) ~RANr) ~ __~C~R~ ~UFMAN .... ~ ~ - ~ ~UFMA~ ,USTIN ~1 ~ ~ ~ ;ARR~ ~ ~ ~ ~ ~ ~ WOODI N ~ SHER~ ~~ ~ zI~ ~ _ o B~ME ~ BRAME ~ O ~ ~ME ~ ~ ~ ~ HILUM ~ PARR ~ z ~ ~ ~..,~o~.o~.~ ~ ~ ~, SIGNING P~CEMENT ~ ~ ~ ~ FESTIVALOF PUMPKII ' ·; ~ OCTOBER 24-25, 200 SPECIAL NOTES; ~L ACTUAL STREET CLOSURES SHALL BE ACCOMPLISHED BY P~CING A ~ III ~RRICADE IN THE MIDDLE OF PARIS, TE~S THE S~EET.