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HomeMy WebLinkAboutR-2001-11 . e RESOLUTION NO. 200t-U A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, APPROVING THE CLOSING OF WEST MAIN STREET BETWEEN FIRST STREET AND FOURTH STREET IN THE CITY OF LA PORTE, TEXAS, ON NOVEMBER 3,2001, FROM 6:45 A.M. TO 6:00 P.M. WHEREAS the La Porte Main Street Association enjoys a mutually beneficial relationship with the City of La Porte, Texas; and WHEREAS the La Porte Main Street Association requests the closing of West Main Street between First and Fourth Streets for a Casino Games/Auction and Trade Day; and WHEREAS the City Engineer has presented a traffic control plan indicating barricades and detour routing, and has reviewed the plan and concurs with its concept; and WHEREAS the La Porte Police Officers will be present at the establishment and removal of barricades and will oversee traffic control during the event BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE THAT: Section I. the City Council has determined that Main Street Association's request for the closure of West Main Street in La Porte, Texas, was given with sufficient notice as required by Texas Department of Transportation; and that the City Engineer concurs with the submitted traffic plan; and that La Porte Police Officers will be present at the establishment and removal of barricades and during the event. PASSED AND APPROVED this the 24th Day of September 2001. CITY OF LA PORTE, TEXAS ~~ ATTEST: 1!1/flt/::ce'se1.1f' e e ST ATE OF TEXAS COUNTY.OFJ-JQ.rri S ~ ~ 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 La Porte, a municipal corporation, acting by and through its duly authorized officers, hereinafter called the "~ity." WITNESSETH WHEREAS, the State owns and operates a system of highways for public use and benefit, including West Main Street, in Harris, County; and WHEREAS, the City has requested the temporary closure of West Main Street for the purpose of a Casino Games/Auction and Trade Day, as described in the attached "Exhibit A," hereinafter identified as the "Event;" and WHEREAS, the Event will be located within the City'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 24th day of September, 200 I, the La Porte City Council City C~uncil passed Resolution No. :J.. 00 1- II , attached hereto and identified as "Exhibit B," establishing that the Event serves a public purpose and authorizing the City to enter into this agreement with the State; .and CLOSURE (Incorporated) 10f8 7-00 e e WHEREAS, 43 Tex. Adm. Code, 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 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 hereinafter 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 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 City 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 ~e CLOSURE (Incorporated) 20f8 7-00 e e State. C. The City will not initiate closure prior to 24 hours before the scheduled Event and all barriers and barricades will be remov,ed and the highway reopened to traffic within 24 hours after the completion of the Event. D. The City will provide adequate enforcement personnel to prevent vehicles from stopping and parking along the main lanes of highway right-of-way and otherwise prevent interf~rence with the main lane traffic by both vehicles and pedestrians. The City will prepare a traffic enforce~ent 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 co.ntrol for the Event, certifying tha~ 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 acc~ss 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 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 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 feahlres. 4. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City CLOSURE (Incorporated) 30f8 7-00 e e 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 ofthe 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 City under this agreement. If the potential terminatiQn 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 receipt of the State's notification. In the event the City does not remedy the breach to the 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. CLOSURE (Incorporated) 40f8 7-00 e e 7. INDEMNIFICATION To the extent permitted by law, the City shall indemnify and save harmless the State, its officers, employees, agents and contractors from all cl~ims 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 expen,ses, 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 furnish to the State a completed "Certificate of Insurance" (TxDOT Form 1 ?60, latest e;dition) 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. B. In the event the City is a self-insured entity, the City shall provide the State proof of its self-insurance. The qty 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. 9. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the ." CLOSURE (Incorporat~d) 50f8 7-00 tit e parties hereto shall be enacted by written amendment executed by both the City and the State. 10. COMPLIANCE WITH LA "VS 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 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. 12. NOTICES All notices to either party by the other required under this agreement shall be delivered persona,lly or sent by certified U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State: Texas Department of Transportation City: . La Porte, Texas 604 West Fairmont Parkway La Porte, Texas 77571 CLOSURE (Incorporated) 60f8 7-00 tit e 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 t:lotice of such change to the other in the manner 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 subje,ct matter. CLOSURE (Incorporated) 70f8 7-00 e e IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF "-0.- Po r-re By: G?J~ T. ~ City Official ,TEXAS Robert T. Herrera Typed Name City Manager Title Date: q I ~~!f{) I I ( ATTEST: BY:~ dAJh" () ,/I-l/Hf City Secretary THE STATE OF TEXAS Executed by 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 heretof~re approved and authorized by the Texas Transportation Commission. By: District lo/{)~ fUN !~ RvU/UU -jJO I}Jf~e/IYI~/Ij J1Lteo~ LJ Ol{~ -Iv l'f fI/fI-' of e/oSu rf. District Engineer Date: CLOSURE (Incorporated) 8of8 7-00 (A"{f1Q1'fy~~) I LLL. - n nn nn LA PORTE MAIN STREET CASINO GAMES AND TRADE DAY U TUUTRULAU ULJz , w. POLK ST. ~ - ~ o )> o ~ -< LEGEND I ~RlCADE ... 'DETOUR.' SIGN . 'ROAD ClOSED AHEAD' SIGN z o ;0 ..... :J: C1I :t en :-I r lP ~ v ~ \ ~ ~ o en OJ ::;0 o )> o ~ -< ~ ... en ..... en :-I ~ I'.) Z o en :-I I en ~ :t en :-I - W. "A" ST. OOUG I\NEUPrER., P.E. PlANNING DIRECTOR. CITY OF LA PORTE e e r5i{y ff $ ~ ~~~ ,-r'- '. (\/i~ fit '-" . '" y, '\ ( ) . --- "'" - -... ,... ~,.;.J:.... .......-.~ ~'"""" RICHARD E. REFF CHIEF OF POLICE 915 SOUTH 8TH LA PORTE. TEXAS 77571 PHONE 281-471-2141 September 12, 2001 James Keener TXDOT P.O. Box 1386 Houston, TX 77025-1386 The City of La Porte's Main Street Association will be hosting a " Casino Games/Auction and Trade Day" from 10:00 am to 6:00 pm on November 3, 2001. This activity will necessitate W. Main Street from 4th Street east to Broadway Street to be closed. The City Engineer has presented a traffic control plan indicating barricades and detour routing. I have reviewed the plan and concur with its concept. La Porte Police Officers will be present at the establishment of the barricade, during the event, and removal of the barricades and traffic control divisions. If there are any additional questions, please contact me. Res~j~d diI~ie~ Chief of ' Police . e LA PGB~m MAY! tlTe A~~.~IA~I.. P.O. BOX 1794 LA PORTE, TEXAS 77572-1794 (281) 471-4600 Mr. R. Herrera City of La Porte P. O. Box 1115 La Porte, tx. 77572 Dear Mr. Herrera In compliance with city ordinance # 1608a section 7, the La Porte Main Street association submits the following plan for approval: Event: . Date: Time: Location: Insurance: Barricades: ' Fire & Emerg~~cies Sanitation: Trash: Security: Casino Games: Casino Games! Auction and Trade Day November 3,2001 10:00 a.m. to 6:00 p.m. West Main from First to Fourth $ 1,000,000.00 general liability policy will be provided by Bayshore Insurance. The association will not sell food or alcoholic beverages. W. Main will be closed to traffic from First Street to Fourth Street between the hours of6:45 a.m. to 6:00 p.m. . Third Street will be closed from Polk to West A . N. Third will be used for staging and entertainment. S. Third will be used for emergency vehicles. Property owners on Main Street requ.est.that alleys be keep free of traffic. To avoid hazardous situations, nothing ,~iIl be p.~~ced in the cent~r of Main Street except tor trash containers. The rented 40' x 40' tent will be made of fire retardant material. B F I will furnish four portable toilets, two will be handicapped. Trash containers will be emptied re~Jarly by ~ea S90utS or Boy $c.outs and contents placed into a B F I dumpster. Available from the La Porte Police Department I reserves two for Casino Games! Auction area and bicycle patrol on W. Main. Will be held inside a tent placed on our vacant lot in the 300 block ofW. Main Street. Play money will be sold for the games and to purchase auction items. No one under the age of 18 will be permitted to play any game. Rules will be posted at each game. The Seabrook Elks Club will oversee this operation. The games will operate from 11 a.m. until 2:00 p.m. The Auction will start at 3:00 p.m. and is scheduled to be completed by 5:00 p.m.. The profits from the games and auction will go to charity. The enclosed map shows barricade placement. u have questions please call Jim France @ 281-471-5551 Jim Fr e, President' La Porte,Ma.ih..Street Association · · PRESEJ<.VlN9 YESTERYEAR... BUl1DINg TOMOJ<.J<.OW" ACORD.. CERTIFIC~ OF' LIABILITY INSU N C E;SR SK ~NS-l 09/17/01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DATE (MM/DDIYY) PRODUCER Bayshore Insurance Aqy., Inc. P.O. Box 1459 La Porte T.X 77572-1459 Phone: 281-471-2111 Fax:281-471-7315 INSURED INSURERS AFFORDING COVERAGE Main street Association P. O. Box 1794 La Porte T.X 77572-1794 INSURER A: INSURER B: INSURER C: INSURER 0: INSURER E: scottsdale Insurance Co COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~f: TYPE OF INSURANCE POLICY NUMBER DAfEIMM/~ 1"81'+~;MMlDDIYY LIMITS ~ERAL UABILlTY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLS-0783807 10/01/01 10/01/02 FIRE DAMAGE (Anyone fire) S 50,000 II CLAIMS MADE ~ OCCUR --'-,-'---,--'-- -------.--- . MED EXP (Anyone person) S 1,000 ~ $500 Ded. PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE S 1,000,000 - -ifi'L AGGREGATE LIMIT APPLIES PER: PRODUCTS.COM~OPAGG S 1,000,000 X nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - S A~ AUTO (Ea accident) I-- ALL OWNED AUTOS BODILY INJURY I-- S SCHEDULED AUTOS (per person) I-- HIRED AUTOS , BODILY INJURY l- S NON-OWNED AUTOS , (Per accident) I- PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT S R ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE S tJ OCCUR D CLAIMS MADE AGGREGATE S S . R DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION ANO I TORY LIMITS I IO~IH- ER EMPLOYERS' UABILlTY E.L. EACH ACCIDeNT $ E.L DISEASE. EA EMPLOYEE S E.L DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION CITY-LP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of La Porte IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P. O. Box 1115 La Porte T.X 77572-1115 REPRESENTATIVES. I Ken strum Insurance ~"""!J .e · Lan.91UJ& ACORD 25-8 (7/97) @ACORD CORPORATION 1988 'TxDOT Form 1560 (Rev 0212001) Previous eels of this form may not be used. Page 1 of 2 e Texas Department of Transportation (TxDOT) CERTIFICATE OF INSURANCE Prior to the beginning of woll<, the Contrador shall obtain the minimum insurance and endorsements specified. Only the TxDOT certificate of insurance form is acceptable as proof of insurance for department contracts. Agents should complete the form providing all requested information then either fax or mail this form directly to the address listed on the back of this form. Copies of endorsements listed below are not required as attachments to this qertificate. Insured: Main Street Association StreetlMailing Address: P.O. Box 1794 City/StatelZip: La Porte, TX 77572-1794 Phone Number: Area Code~81) 471-5551 Workers' Compensation Insurance Coverage: E d d 'th W' f S b t' . t f TOOT n orse WI a alver 0 u roaalonln avoro x Carrier Name: Carrier Phone #: Address: City, State, Zip: Type of Insurance Policy Number Effective Date EXDiration Date Limits of Liability: Woll<ers' Compensation Not Less Than: Statutory - Texas Comprehensive General Liability Insurance: E d d 'th TOOT AddT II d d . h W' fS b . t fTDT n orse WI x as Ilona nsure an Wit a alver 0 u rogation In avor 0 x 0 Carrier Name: Scottsdale Ins. Co. Carrier Phone #: 800-666-0345 Address: % Delta General Agency, P. O. Box 201 ~ity, State, Zip: Houston, TX 77252 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Comprehensive General Not Less Than: Liability Insurance Bodily Injury $ 500,000 each occurrence Property Damage $ 100,000 each occurrence OR $ 100,000 for aggregate Commercial General OR Liability Insurance CLS-0783807 10/01/01 10/01/02 $ 600,000 combined single limit Comprehensive Automobile Liability Insurance: E d d 'th TOOT AddT II d d . h W' f S n orse WI x as Ilona nsure an Wit a arver 0 ubroaation in favor ofTxDOT. Carrier Name: Carrier Phone #: Address: City, State, Zip: Type of Insurance: Policy Number: . Effective Date: Expiration Date: Limits of Liability: Comprehensive Automobi)e Liability Insurance OR Texas Not Less Than: Business Automobile Policy $ 250,000 each person Bodily Injury $ 500,000 each occurrence Property Damage $ 100,000 each occurrence I Umbrella Policv (if applicable): Carrier Name: Carrier Phone #: Address: City, State, Zip: Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Umbrella Policy Authorized Agent name address and zip code Bavshore Insurance Agency. Inc.. P. O. Box 1459, La Porte, TX 77572-1459 This Certificate of Insurance neither affinnatively nor negatively amends, extends, or alters the coverage afforded by the above insurance policies issued by the named insurance company. Cancellation of the insurance policies shall not be made until TH./RTY DAYS AFTER the agent or the insurance company has sent written notice by certified mail to the contractor and the Texas Department of Transportation. THIS IS TO CERTIFY 10 the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named meet all the requirements stipulated and such policies are in full force and effect. If this form is sent by facsimile machine (fax). the sender adopts the document received by TxDOT as a duplicate original and adopts the signature produced by the receiving fax machine as the senders original signature. 9/17/01 Date Area Code (281) 471-2111 Authorized Agent's Pho~e Number Page ~ of 2 . e Texas Department of Transportation NOTES TO AGENTS: Agents must provide all requested information then either fax or mail this form directly to the address listed below. Pre-printed limits are the minimum required, if higher limits are provided by the policy, enter the higher limit amount and strike-through or cross-out .the pre-printed limit. To avoid work suspension, an updated insurance form must reach the address listed below one business day prior to the expiration date. Insurance must be in fo~ce in order to perform any work. Binder numbers are not acceptable for policy numbers. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect. Do not refer to specific projects/contracts on this form. The TxDOT certificate of insurance form is the only acceptable proof of insurance for department contracts. List the contractor's legal company name, including the DBA (doing business as) name as the insured or list both the contractor.and staff leasing service as insured when a staff leasing service is providing insurance. Over-stamping and/or over-typing entries on the certificate of insurance are not acceptable if such entries change the provisions of the certificate in any manner. This form may be reproduced. The SIGNATURE of the agent is required. Stamped/typed/printed signatures are not acceptable. CERTIFICATE OF INSURANCE REQUIREMENTS: WORKERS' COMPENSATION INSURANCE: The contractor is required to have Workers' Compensation Insurance if the contractor, has any employees including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers' <;:ompensation Law. GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers' Compensation. COMPREHENSIVE GENERAL LIABILITY INSURANCE or COMMERCIAL GENERAL LIABILITY INSURANCE: . If coverages are specified separately. they must be at least these amounts: Bodily, Injury $500,000 each occurrence Property Damage $100,000 each occurrence $100,000 for aggregate MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive General Liability Insurance or Commercial General Liability Insurance. COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE or TEXAS BUSINESS AUTOMOBILE POLICY: The coverage amount for a Texas Business Automobile Policy or Comprehensive Automobile Liability may be shown as a minimum of $600,000 Combined Single Limit by a typed or printed entry and deletion of the specific amounts listed for Bodily Injury and Property Damage. BASIC AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for Comprehensive Automobile Liability Insurance or Texas Business Automobile Policy. ~ . e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Se tember 24 2001 Appropriation Requested By: Source of Funds: NA Department: City Ml1Rl1ger's Offic:e Account Number: NA Report: Resolution: XX Ordinance: Amount Budgeted: NA Exhibits: Resolution No. Amount Requested: ~ 1\ Exhibits: TxDOT Al!reement Budgeted Item: YES NO Exhibits: l,etter from Mnin Street Association Exhibits: Certiticnte ofTnsurance Exhibits: Letter from City Manager Exhibits: Letter from Police Chief Exhibits: Traffic Control Plnn SUMMARY & RECOMMENDATION Council is aware that in 1999 the City of La Porte was notified the Texas Department of Transportation (TxDOT) revised their policies and procedures for permitting the temporary closure of State Rights-of-Way under their jurisdiction. Previous community events as well as display of banners had to satisfy basic requirements only. Any event exceeding four (4) hours in length requires submission ofa formal agreement and City Resolution. The La Porte Main Street Association's Casino Games/Auction and Trade Day is requesting to close Main Street in excess of four (4) hours, which requires City Council to approve a Resolution as well as TxDOT's agreement. Main Street Association will be responsible for the Insurance Certificate, with City of La Porte listed as an additional insured. City Staff has completed processing our portion of the permit. Action Required bv Council: Approve Resolution No. 2001- 11 and TxDOT's Agreement for the Temporary Closure of State Right-of-Way for Main Street Association's event. Approved for City Council A!!enda aol~ ~ Robert T. Herrera, City Manager ~'lg'Or Date . . STATE OF TEXAS ~ COUNTY OF J1 {1rri s ~ 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 La Porte, a municipal corporation, acting by and through its duly authorized officers, hereinafter called the "~ity." WITNESSETH WHEREAS, .the State owns and operates a system of highways for public use and benefit, including West Main Street, in Harris, County; and WHEREAS, the City has requested the temporary closure of West Main Street for the purpose of a Casino Games/Auction and Trade Day, as described in the attached "Exhibit A," hereinafter identified as the "Event;" and WHEREAS, the Event will be located within the City'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 24th day of September, 2001, the La Porte City Council City Council passed Resolution No. J 001- 11_, attached hereto and identified as "Exhibit B," establishing that the Event serves a public purpose and authorizing the City to enter into this agreement with the State; and CLOSURE (Incorporated) 1 of8 7-00 . e WHEREAS, 43 Tex. Adm. Code, 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 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 hereinafter 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 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 City 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 CLOSURE (Incorporated) 20f8 7-00 e e State. C. The City will not initiate closure prior to 24 hours before the scheduled Event and all barriers and barricades will be remov~d and the highway reopened to traffic within 24 hours after the completion of the Event. D. The City 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 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 co.ntrol 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 acc~ss 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 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 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. OWNERSIDP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City CLOSURE (Incorporated) 30f8 7-00 . e 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 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 City under this agreement. If the potential terminatiQn 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 receipt of the State's notification. In the event the City does not remedy the breach to the 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. CLOSURE (Incorporated) 40f8 7-00 e e 7. INDEMNIFICATION To the extent permitted by law, the City shall indemnify and save harmless the State, its officers, employees, 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 furnish to the State a completed "Certificate of Insurance" (TxDOT Form 1560, latest ~dition) 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. 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 during 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 CLOSURE (Incorporated) 50f8 7-00 e e 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 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. 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: State: Texas Department of Transportation City: La Porte, Texas 604 West Fairmont Parkway La Porte, Texas 77571 CLOSURE (Incorporated) 60f8 7-00 e- e 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. 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. CLOSURE (Incorporated) 70f8 7-00 e e IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF t...o...- P Or-re- By: GJ~ T, ~ City Official ,TEXAS Robert T. Herrera Typed Name City Manager Title Date: q I ~tJ/f() I I+J ATTEST: BY:~1L a ./(4/i.ft City Secretary THE STATE OF TEXAS Executed by 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 lo/{)~ ~ !~ R vU/UAJ -I.) 0 I}~f -{ e WI ~/f-J J/} '-t ~ 0 ~ LJ oue -Iv l'f ~ of C/OSu(f. , By: District Engineer Date: CLOSURE (Incorporated) 8of8 7-00 LEGEND BARRICADE 'DETOUR' SIGN 'ROAD CLOSED AHEAD' SIGN I ... . ,- <.P ~ V ~ 'i <;1 ~ o en m ::0 o )> o ~ -< en ..... en -l en :-l ~ I\J Z C en :-l en ",. :i en :-l n nn nn lA PORTE MAIN STREET CASINO GAMES AND TRADE DAY U TUEJTRUU UUz w. POLK ST. 0, - ::0 o )> o ~ -< z o ::0 -l :J: 0'1 -l :J: en :-l - W. "A" ST. DOUG I\NEUPPER, P.E. PLANNING DIRECTOR CITY OF LA PORTE .. e e ,-r'- '. (~,Ij~ ~l,-. , '" Y. '\ ( ) ... I ". . ,.. 0':'" ,. ,~~_~.....-:.:.:..-:..."'- g&f!/ $~ ~~~ RICHARD E. REFF CHIEF OF POLICE 915 SOUTH 8TH LA PORTE. TEXAS 77571 PHONE 281-471-2141 September 12,2001 James Keener TXDOT P.O. Box 1386 Houston, TX 77025-1386 The City of La Porte's Main Street Association will be hosting a " Casino Games/Auction and Trade Day" from 10:00 am to 6:00 pm on November 3, 2001. This activity will necessitate W. Main Street from 4th Street east to Broadway Street to be closed. The City Engineer has presented a traffic control plan indicating barricades and detour routing. I have reviewed the plan and concur with its concept. La Porte Police Officers will be present at the establishment of the barricade, during the event, and removal of the barricades and traffic control divisions. If there are any additional questions, please contact me. Respe~~~d di1~ie~ Chief of Police LA NB'fl111uu. &iT. ~!en P,O. BOX 1794 LA PORTE. TEXAS nS72-1794 (281) 471-4600 Mr. R. Herrera City of La Porte P.O.BoxI115 La Porte, tx. 77572 In compliance with city ordinance # 1608a section 7, the La Porte Main Street association submits the following plan for approval: Casino Games/Auction and Trade Day November 3, 2001 10:00 a.m. to 6:00 p.m. West Main from First to Fourth $ 1,000,000.00 general liability policy will be provided by Bayshore Insurance. The association will not sell food or alcoholic beverages. W. Main will be closed to traffic from First Street to Fourth Street between the hours of6:45 a.m. to 6:00 p.m. . Third Street will be closed from Polk to West A . N. Third will be used for staging and entertainment. S. Third will be used for emergency vehicles . Property owners on Main Street request that alleys be keep free of traffic. To avoid hazardous situations, nothing will be p.laced in the center of Main Street except for trash containers. The rented 40' x 40' tent will be made of fire retardant material. B F I will furnish four portable toilets, two will be handicapped. Trash containers will be emptied re~'arly by Sea Scouts or Boy. S~outs and contents placed into a B F I dumpster. Available from the La Porte Police Department I reserves two for Casino Games! Auction area and bicycle patrol on W. Main. Will be held inside a tent placed on our vacant lot in the 300 block ofW. Main Street. Play money will be sold for the games and to purchase auction items. No one under the age of 18 will be permitted to play any game. Rules will be posted at each game. The Seabrook Elks Club will oversee this operation. The games will operate from 11 a.m. until 2:00 p.m. The Auction will start at 3:00 p.m. and is scheduled to be completed by 5:00 p.m.. The profits from the games and auction will go to charity. The enclosed map shows barricade placement. u have questions please call Jim France @ 281-471-5551 "PRESE~vn~9 YESTERYEAR ...BUl1DINg TOMO~ROW " Dear Mr. Herrera Event: Date: Time: Location: Insurance: Barricades: Fire & Emerg~ncies Sanitation: Trash: Security: Casino Games: ACORD. CERTIFICA OF LIABILITY INSU.NC~N~~l DA~E~~~~ro)l THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Bayshore Insurance Agy., Inc. P.O. Box 1459 La Porte TX 77572-1459 Phone: 281-471-2111 Fax:281-471-7315 INSURERS AFFORDING COVERAGE INSURED INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: scottsdale Insurance Co Main street Association P. O. Box 1794, La Porte TX 77572-1794 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1'~fG TYPE OF INSURANCE POLICY NUMBER ilAi'EIMMIDDJYY Pd'.(l~1MMlDDlYYi' LIMITS GENERAL LIABILITY I-- A X COMMERCIAL GENERAL LIABILITY CLS-0783807 ._-, - , ,-.- l~l-'" -"~ ---- - -'--, '.'.' --,-+,-', I CLAIMS MADE ~ OCCUR X $500 Ded. , ' __lOLq~(Q;' JQ./0.:V9~_ EACH OCCURRENCE S 1 , 000 , 000 FIRE DAMAGE (Anyone fire) S 50 , 000 ..~.- '-'.'- ----,-'-- -,----, -- .--- -' MED EXP (Anyone person) S 1 , 000 PERSONAL & ADV INJURY S 1, 000 , 000 GENERAL AGGREGATE S 1,000,000 PRODUCTS. COMPIOP AGG S 1 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: Xl POLICY n ~:8T n LOC AUTOMOBILE LIABILITY - - AtN AUTO COMBINED SINGLE LIMIT S (Ea accident) BODILY INJURY S (per person) BODILY INJURY S (Per accident) PROPERTY DAMAGE S (per accident) - - ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS - NON-OWNED AUTOS - - GARAGE LIABILITY ~AtNAUTO EXCESS LIABILITY =:J OCCUR D CLAIMS MADE RDEDUCTlBLE RETENllON S WORKERS COMPENSATION AND . ~MPLOYERS' L1~ILlTY , ._. AUTO ONLY - EA ACCIDENT S OTHER lHAN EAACC S AUTO ONLY: AGG S EACH OCCURRENCE S AGGREGATE S S S S I TORY LIMITs I IUEFt -- 'C:b 'EACH" ACCIDENT- S; -- - - E.L. DISEASE. EA EMPLOYEI S E.L. DISEASE. POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION City of La Porte P. O. Box 1115 La Porte TX 77572-1115 CI TY - LP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. I ACORD 26-5 (7/97) ~t.-Wil.fJJ1 L 0 1Q.11.tAtuU!. Ken strum Insurance~ C/I dI @ACORDCORPORATION 1988 ~ ;; "i~~6;T ~orm 1560 (Rev 0212001) Previous ee of this form may not be used. Page 1 of 2 e Texas Department of Transportation (TxDOT) CERTIFICATE OF INSURANCE Prior to the beginning of work, the Contractor shall obtain the minimum insurance and endorsements specified. Only the TxDOT certificate of insurance form is acceptable as proof of insurance for department contracts, Agents should complete the form providing all requested information then either fax or mail this form diredly to the address listed on the back of this form. Copies of endorsements listed below are not required as attachments to this certificate. Insured: Main Street Association StreetlMailing Address: P. O. Box 1794 City/StatelZip: La Porte, TX 77572-1794 Phone Number: Area Code ~ 81) 471- 55 51 Workers' Compensation Insurance Coverage: E d d 'th W' f S b f . t f TOOT n orse WI a alver 0 u roealonln avoro x Carrier Name: Carrier Phone #: Address: City, State, Zip: TYDe of Insurance Policy Number Effective Date EXDiration Date Limits of Liability: .~. - - -.:'t- , ' . - - - .. - - - Workers' Compensalion' Not Less Than: Statutory - Texas Cdmprehensive General Liability Insurance: E . h T DOT A d" " d W' fS DO ndorsed Wit x as d Itrona nsure and with a alver 0 ubroQation In favor of Tx T. Carrier Name: Scottsdale Ins. Co. Carrier Phone #: 800-666-0345 Address: % Delta General Agency, P. o. Box 20/ ~ity, State, Zip: Houston, TX 77252 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Comprehensive General Not Less Than: Liability Insurance Bodily Injury $ 500,000 each occurrence Property Damage $ 100,000 each occurrence OR $ 100,000 for aggregate Commercial General OR Liability Insurance CLS-0783807 10/01/01 10/01/02 $ 600,000 combined single limit Comprehensive Automobile Liability Insurance: E d d' h T DOT Add' . II d d' W . fS b . t f 0 n orse Wit x as Itlona nsure an With a alver 0 u rOQation In avor 0 Tx OT. Carrier Name: Carrier Phone #: Address: City, State, Zip: Type of Insurance: Policy Number: ' Effective Date: Expiration Date: Limits of Liability: Comprehensive Automobile Liability Insurance OR Texas Not Less Than: Business Automobile POlicy $ 250,000 each person Bodily Injury $ 500,000 each occurrence Property Damage $ 100,000 each occurrence ,.. . ."." .0-.-- .. .... , , I Umbrella Policy (if applicable): Carrier Name: Carrier Phone #: Address: City, State, Zip: Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Umbrella Policy I Authorized Agent name address and zip code Bavshore Insurance Agency, Inc., P. O. Box 1459, La Porte, TX 77572-1459 This Certificate of Insurance neither affinnatively nor negatively amends, extends, or alters the coverage afforded by the above insurance policies issued by the named insurance company. Cancellation of the insurance pOlicies shall not be made until THIRTY DAYS AFTER the agent or the insurance company has sent written notice by certified mail to the contractor and the Texas Department of Transportation. THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named meet all the requirements stipulated and such policies are in full force and effect. If this form is sent by facsimile machine (fax), the sender adopts the document received by TxDOT as a duplicate original and adopts the signature produced by the receiving fax machine as the senders original signature, 9/17/01 Date Area Code (281) 471-2111 Authorized Agent's Pho~e Number . . WJ.;!-. , ~'Page <! of 2 ~ " .xas Department of Transportat! NOTES TO AGENTS: Agents must provide all requested information then either fax or mail this form directly to the address listed below. Pre-printed limits are the minimum required, if higher limits are provided by the policy, enter the higher limit amount and strike-through or cross-out the pre-printed limit. To avoid work suspension, an updated insurance form must reach the address listed below one business day prior to the expiration date. Insurance must be in force in order to perform any work. Binder numbers are not acceptable for policy numbers. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect. Do not refer to specific projects/contracts on this form. The TxDOT certificate of insurance form is the only acceptable proof of insurance for department contracts. List the contractor's legal company name, including the DBA (doing business as) name as the insured or list both , .the contractor and staff~leasjng-seFVice as..,insured-when a' staff'leasin'g-serVice-is pffiviain~finsiJrance. - - Over-stamping and/or over-typing entries on the certificate of insurance are not acceptable if such entries change the provisions of the certificate in any manner. This form may be reproduced. The SIGNATURE of the agent is required. Stamped/typed/printed signatures are not acceptable. CERTIFICATE OF INSURANCE REQUIREMENTS: WORKERS' COMPENSATION INSURANCE: The contractor is required to have Workers' Compensation Insurance if the contractor. has any employees including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers' Compensation Law. GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers' Compensation. COMPREHENSIVE GENERAL LIABILITY INSURANCE or COMMERCIAL GENERAL LIABILITY INSURANCE: If coverages are specified separately, they must be at least these amounts: Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence $100,000 for aggregate MANUFACTURERS' or CONTRA..cTQR .LI~B,ILlTY_INSURANCE--is,-net-an-acceptable'-sl:lbstitutefor Comprehensive -_ General liabilitY Insurance 0-'- Com'mercial -General Liability Insurance. . COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE or TEXAS BUSINESS AUTOMOBILE POLICY: The coverage amount for a Texas Business Automobile Policy or Comprehensive Automobile Liability may be shown as a minimum of $600,000 Combined Single Limit by a typed or printed entry and deletion of the specific amounts listed for Bodily Injury and Property Damage. BASIC AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for Comprehensive Automobile Liability Insurance or Texas Business Automobile Policy. .. , \ \ -J