CITY OF GRAND SALINE RESOLUTION NO 2024-01  AF RESOLUTION REQUESTING STREET CLOSURE FOR THE MAIN STREET FESTIVAL WHEREAS, the City of Grand Saline, Texas, will host the "MAIN STREET FESTIVAL" APRIL: 20,2024; and WHEREAS activities willl begin at 9:00 pm, Saturday, April 20, 2024, and end at 3:00 pm; and WHEREAS, the City's Main Street Program, on behalf of the Main Street Festival committee desires to WHEREAS, The Grand Saline City Council, with the support of the Police Department, the Public Works Department, the Volunteer Fire Department, the Main Street Program Board and the City Administrator, does hereby support these activities and determines the closure to be necessary for the safety of our citizens and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND SALINE, TEXAS  have certain streets in the Main Street District closed during the event; and  visitors. THAT:  Section 1  The following streets are approved for closure during the MAIN: STREET FESTIVAL".  Frank: St. (Spring St. to Green St.)  Saturday 04/20/24 9:00am Saturday 04/20/24 9:00am  Saturday 04/20/24 3:30 pm Saturday 04/20/24 3:30 pm  Main St./SH1 110 (Garland to Pacific)  Section 1  Barricades shall be set up at all closed intersections in order to control traffic and for the welfare and safety ofa attendees. Further, closure of SH 110 (Main St.) from Garland to Pacific, and Garland to Hill St., all south bound traffic on SH 110 shall be detoured north on Green Street to Northeast  Pacific St., then West on Northeast Pacific St. to SH 110. PASSED AND APPROVED this 191H day of March 2024.  APPROVED:  ATTEST:  Tardy, Mayor HE  Ridge  Beverley Pearson,  Bun  City Secretary  3  TEXAS        Agreement No.  STATE OF TEXAS COUNTY OF TRAVIS S  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 through its duly authorized officers, hereinafter called the local government."  of  Grand Saline  a municipal corporation, acting by and  WITNESSETH  WHEREAS, the State owns and operates a system of highways for public use and benefit, WHEREAS the local government has requested the temporary closure of 110 from Garland St. to Pacific St. (Main Street). - for the purpose of Main Street Festival to be  including State Highway 110(Main Street) in Van Zandt  County; and  held on April 20, 2024 from 9am Exhibit A," hereinafter identified as the "Event," and  to 3pm  as described in the attached  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 20 day of April City Council passed Resolution /C Ordinance No.  20_ 24 the 2024-01  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 WHEREAS, this agreement has been developed in accordance with the rules and 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  closure of a segment of the State highway system; and  procedures of 43 TAC, Section 22.12;  hereinafter set forth, it is agreed as follows:  AGREEMENT  Article 1. CONTRACT PERIOD  This agreement becomes effective upon final execution by the State and shall terminate upon completion oft the Event or unless terminated or modified as hereinafter provided.  Traffic Closure Incorporated (TEA30A) Page 1 of8  Rev. 02/22/2019        Agreement No.  Article 2. EVENT DESCRIPTION  The physical description of the limits of the Event, including county names and highway numbers, the number of lanes the highway has and the number of lanes to be used, the proposed schedule of start and stop times and dates at each location, a brief description of the proposed activities involved, approximate number of people attending the Event, the number and types of animals and equipment, planned physical modifications of any man- made or natural features in or adjacent to the right of way involved shall be attached hereto  along with a location map and identified as "Exhibit C." Article 3. OPERATIONS OF THE EVENT  A. The local government shall assume all costs for the operations associated with the Event, toi 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 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 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. Ifthe 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 willl 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 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 G. The local government hereby assures the State that there will be appropriate passage  traffic control and temporary signing.  changing or unforeseen circumstances regarding the closure.  hours after the completion of the Event.  able to meet its requirements.  Traffic Closure Incorporated (TEA30A) Page 2 of8  Rev. 02/22/2019        Agreement No.  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 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  be included in the local government's traffic control plan.  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 (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  forth herein.  occasioned by the State. Article 6. DISPUTES  Should disputes arise as to the parties' responsibilities or additional work under this  agreement, the State's decision shall be final and binding. Article 7. RESPONSIBILITIES OF THE PARTIES  The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and  agents.  Article 8. INSURANCE  A. Prior to beginning any work upon the State's right of way, the local government and/or its contractors shall furnish to the State a completed "Certificate of Insurance" (TXDOT Form 1560, latest edition) and shall maintain the insurance in full force and effect during the period  Traffic Closure Incorporated (TEA30A) Page 3 of8  Rev. 02/22/2019        Agreement No.  that the local government and/or its contractors are encroaching upon the State right of way. B. In the event the local government is a self-insured entity, the local government shall provide the State proof of its self-insurance. The local government agrees to pay any and all claims and damages that may occur during the period of this closing of the highway in  accordance with the terms of this agreement.  Article 9. AMENDMENTS  Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the local government and  the State.  Article 10. COMPLIANCE WITH LAWS  The local government shall comply with all applicable federal, state and local environmental laws, regulations, ordinances and any conditions or restrictions required by the State to protect the natural environment and cultural resources of the State's right of way.  Article 11. LEGAL CONSTRUCTION  In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained  herein.  Article 12. NOTICES  All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the  following respective addresses:  Local Government: City of Grand Saline 132 East Frank Street Grand Saline, Tx 75140  State:  Texas Department of Transportation  SarahHatley. 15500 FM 1255 Canton,Texas75103  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.  Traffic Closure Incorporated (TEA30A) Page 4 of8  Rev. 02/22/2019        Agreement No.  Each party is signing this agreement on the date stated beside that party's signature.  THE CITY OF GRAND SALINE Executed on behalf of the local government by: BBealu bovh  Date  3/i9la02u  City Official Typed or Printed  Beerley learson  5  Secretary  TEL  G  THE STATE OF TEXAS  Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation  Commission. By_  Date  District Engineer  Traffic Closure Incorporated (TEA30A) Page 5 of 8  Rev. 02/22/2019        Agreement No.  Exhibit A Main Street Festival  WHEREAS, an annual event in the City of Grand Saline, Texas Main Street Festival activities, which contributes to the economic welfare of the City of Grand Saline by attracting WHEREAS, activities will begin on Saturday, April 20, 2024, with Vendors open at 9 am. Activities include children's events, free live music all day, corn hole, food, cracker contest WHEREAS, the City of Grand Saline, on behalf of the Main Street Program, desires to have a portion of the Main Street District closed, Frank Street to the corner of Green Street, State Highway 110 (Main Street) from Garland St. (Highway 80) extending (two Blocks) South to Pacific Street for the Main Street Festival, Saturday, April 20, 2024, for the hours of 7a.m. to  tourist to the community and  and much more and  5p p.m. and  WHEREAS, The City Council, with the support of the Grand Saline Police Department, Public Works Department, Grand Saline fire Department, Main Street Program Board, and City Administrator, does support these activities and determines this closure to be necessary for the safety of our citizens and visitors due to the tremendous response, and expectation is high  this year.  Closure will be as follows:  Section 1: The City Administrator request approval from the Texas Department of Transportation to Close Highway 110 (Main Street) from Garland St. (Highway 80) extending (two blocks) South to Pacific Street for the Main Steet Festival held Saturday April 20,2024 for Section 3: That a Barricade be set from curb to curb across the north corner of Main Street, West Corner of Frank Street and Spring Street, and South Corner of Frank Street and Spring Section4: The City Administrator is here by authorized to execute any and all documents required by Texas Department of Transportation to effectuate this resolution.  hours of7 a.m. to 5 p.m.  Street.  Traffic Closure Incorporated (TEA30A) Page 6 of8  Rev. 02/22/2019