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Ord 922 Amending Chapter 90, Article II, Roadway Facilities and Chapter 36-43 Street Design, adding subsection "N" Street acessTOWN OF WESTLAKE ORDINANCE NO. 922 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER 90, ARTICLE II, ROADWAY FACILITIES AND CHAPTER 36-43, STREET DESIGN SPECIFICATIONS, ADDING SUBSECTION (N) STREET ACCESS MANAGEMENT AND CONNECTION; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council under §311.002, TEX. TRANSP. CODE ANN. (Vernon 1998) is given control and power over the streets and roads of the Town including the power to regulate the streets and road; and WHEREAS, the Town Council is authorized under §542.201 and §542.202, TE,X, TRANSP. CODE ANN. (Vernon 1998) to adopt local traffic regulations with respect to streets and roads under its jurisdiction; and WHEREAS, Texas Transportation Code Section § 545.356 provides that upon the basis of a traffic conditions assessment taking into consideration the health, safety and general welfare of the citizens of the Town, the number of children residing throughout the Town, the type of development throughout the Town, the width and condition of the pavement or other surface of the streets and roads within the Town, the usual traffic thereon, and other circumstances on such streets and roads, the Town Council hereby finds and determines that a reasonable and safe prima facie maximum speed limit on the streets and roads within the Town be set; and WHEREAS, the Town Council desires to improve mobility and air quality and to promote orderly and sustainable development; and WHEREAS, in support of orderly and sustainable development, access management of rights -of -way also has an overall positive economic impact on businesses in access -controlled corridors; and WHEREAS, the proposed amendment provides for and manages access to land development, while preserving the regional flow of traffic in terms of safety, capacity, and speed; and WHEREAS, the Town Council hereby finds that the adoption of this Ordinance is in the best interest of the health, safety and welfare of the citizens of the Town. Ordinance 922 Page I of 3 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the Town Council does hereby approve adding subsection (n) Street Access Management and Connection, attached hereto as Exhibit "A", providing for and managing access to land development in conformance with the Comprehensive Plan, while preserving the regional flow of traffic in terms of safety, capacity, and speed. SECTION 3: That Chapter 90, Article II, Roadway Facilities and Chapter 36-43, Street Design Specifications, of the Town of Westlake Code of Ordinances, as amended, is hereby amended. SECTION 4: That all provisions of this Ordinance shall remain in full force and effect. SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 6: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed the maximum amount allowed by law. SECTION 7: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. Ordinance 922 Page 2 of 3 PASSED AND APPROVED ON THIS 8"' DAY OF FEBRUARY 2021. ATTEST: Todd Wood, Town Secretary APPROVED AS TO FORM: Stanton Lowry, Town Attorney Z I d'M �--- ��' �-' Laura Wheat, Mayor AX411-ld xaGa�, T Amanda DeGan, Town Manager W alki;*wAr 71Ex PS Ordinance 922 Page 3 of 3 ORDINANCE 922 EXHIBIT "A" RIGHT-OF-WAY ACCESS MANAGEMENT AND CONNECTION (AMENDING THE WESTLAKE CODE OF ORDINANCES, CHAPTER 90, ARTICLE II, ROADWAY FACILITIES; AND CHAPTER 36-43) Sec. 36-43. — Street Design Specifications Standards (n) Street Access Management and Connection (1) Purpose and Intent. The purpose, therefore, of this Access Management Ordinance is to provide for and manage access to land development in conformance with the Comprehensive Plan, while preserving the regional flow of traffic in terms of safety, capacity, and speed. The guidelines recognize both the right of reasonable access to private property and the right of the citizens of Westlake to safe and efficient travel. To achieve this policy intent, this ordinance draws on existing regional and national access management guidelines to set policies and standards. (2) Appiicabiiity. Permits including connections to the street shall be issued only in conformance with this chapter and are in addition to other state or local standards and requirements that may be in force on these roadways including the current version of the TxDOT Access Management Manual. No street connection shall be permitted or allowed if it is determined by the Town Engineer, in consultation with the Public Works Director, to be detrimental to public health, welfare, and safety. (3) Street Connection Spacing The street spacing distances (C) shown in Figure 3.1 indicate the minimum allowable street spacing and a desirable maximum for each street type. The minimum spacing is to promote the safe and efficient movement of traffic on the different street types, while the desirable maximums are to promote appropriately dense street grids which provide access and promote pedestrian and bicycle connectivity. a. Key factors to consider regarding connection spacing include: i. Establish appropriate and uniform spacing to promote consistent and suitable traffic flows and speeds ii. Reduce the overall frequency of access points to limit conflicts and improve safety iii. Maintain safe distances between access points to provide appropriate stopping, intersection, and decision sight distances. b. All new or modified street and access connections that connect to Thoroughfares (as designated by the TFP) in the Town of Westlake shall meet, or exceed, the allowable minimum connection spacing requirements shown in Figure 3.1 except as noted below. Connection spacing distances shown in the table shall be measured between the endpoints shown in the figure. Distances "D" and "I" are measured along the edge of Ordinance 922 — Exhibit `A " Page I of 5 the traveled way from the closest edge of pavement of the first access connection to the closest edge of pavement of the second access connection. The remaining distances are measured center to center. c. The street type for a specific Thoroughfare segment must be determined using the most recent approved version of the Thoroughfare Plan (TFP) section of the Comprehensive Plan. The guidelines from several large and/or developing cities in Texas were considered in the development of the values shown in Figure 3.1. Ordinance 922 — Exhibit `A " Page 2 of 5 Figure 3.1: Minimum Street and Access Connection Spacing TFP D I S C M Target Range of Driveway — Intersection Signalized Street Median Speed Through Driveway — Driveway Intersection Spacing (ft) Opening Street Type (mph)t Lanes Spacing (ft) Spacing (ft) Spacing (ft) Spacing (ft) Regional Arterial 35 to 45 4 to 6 ** ** 1,320 1,000-1,320* 500 - 800 Town Arterial/Parkway 30 to 40 3 to 6 ** ** 1,000 660-1,000* 500 - 800 Pastoral Collector 30 to 35 2 ** ** 1,000 660-1,000* NA Neighborhood Streets*** 25 2 + ** NA 250 NA f Target speed is the recommended design speed 1. Refer to text discussion regarding allowable minimums and desirable maximums I This does not apply to residential driveways ** Driveway Spacing: Reference the Thoroughfare Plan within the Comprehensive plan for the minimum driveway spacing requirements subject to the Land Use and Character of the Area with respect to the Street Type and Sec. 36-44. — Driveway design standards ***Collector/Neighborhood Streets: Values shown are for guidance only; closer access spacing may be permitted at the discretion of the Town Engineer or designee. 6i t lttend. Haw Measured cenle'f-td-cel1 tef F_*._...- -------------- I O .--- --•-- - -- -------- --- -' Ordinance 922 — Exhibit `A " Page 3 of 5 d. Small Site Developments or Redevelopments. The spacing requirements are not intended to constrain infill or small site developments or redevelopments. The Town Engineer or designee has the authority to reduce the requirements by up to 10 percent based on existing site and street constraints and an engineering analysis demonstrating that the connection will function adequately and safely. e. Low volume streets i. Low volume streets intersecting thoroughfares can be treated as driveways if the following three criteria are met: (1) Projected ADT on the street is 500 or less; and (2) Main street volume is 20,000 or less; and (3) Main street has fewer than 6 lanes. ii. Low volume streets treated in this manner shall meet the Driveway design standards of this ordinance. f. Traffic Signal Spacing. The installation of a traffic signal in the Town of Westlake shall meet one or more of the signal warrants in the Manual on Uniform Traffic Control Devices (MUTCD). As stated in the MUTCD, use of the peak hour warrant is limited only to "unusual cases". Warrants shall be based on existing traffic volumes or existing plus proposed development volumes with the approval of the Town Engineer or designee. The preferred spacing shall be pursued in all new street and access point construction. If the signal spacing requirements cannot be achieved, an engineering study will be required to be submitted to the Town Engineer or designee, who will make a determination as to whether the requirement may be adjusted. g. Roundabouts. Roundabouts may be considered as a viable alternative to the use of traffic signals in locations where an engineering study indicates that roundabouts are physically feasible considering available right-of-way and acceptable topography; and will operate to meet the required traffic capacity with safe operating conditions. i. A traffic study shall be required to show that the proposed roundabout, driveway, and/or access connection will function acceptably after full - build out plus five years. (4) Revisions of existing street connections for conformance. a. Properties with non -conforming access connections shall be brought into compliance with this ordinance to the maximum extent possible when one or more of the following conditions occur: i. When the roadway with the street connections is modified ii. When a new or modified street connection is requested or required iii. When a plat or re -plat is required Ordinance 922 — Exhibit `A " Page 4 of 5 iv. When a new development involving a change in use or occupancy of any existing structure, which requires a new permit, that has the effect of increasing vehicular traffic to/from the site such that it is 10 times (or more) the traffic attributable to the immediately preceding use, and which may include but is not limited to the reconstruction, redevelopment, conversion, structural alteration, or enlargement of any structure. v. When the Town Engineer or designee has documented a safety concern related to the site access, including but not limited to high -volume driveways in close proximity to intersections or railroad crossings, offset intersections, high crash locations, limited sight distance, or pedestrian and/or bicycle conflicts. b. Engineering Study. Upon submittal of an engineering study to support continuation of the existing conditions, the existing access connection may be allowed to continue if approved and accepted by the Town Engineer, or designee. (5) Approval Required a. No person may construct or modify any access connection to a roadway within the Town of Westlake without approval from the Town. Approval is typically granted through the development plan processes and/or engineering approval of construction plans for roadways. All requests for connections to a roadway within the Town shall be reviewed for conformance with this chapter. b. Access connections that do not conform to this policy and were constructed before the effective date of this Ordinance are considered legal nonconforming connections and may continue until a change in use occurs as described in this chapter. c. Any access connection constructed without approval after the adoption of this ordinance is considered an illegal nonconforming connection and may be issued a violation notice and may be closed or removed. (6)Requests for Modification. Access connections deemed in conformance with this policy will be authorized by the Town Engineer or designee. The Town Engineer or designee may reduce the connection, median opening, signal, and roadway spacing requirements by up to 10 percent or 100 feet (whichever is less) where it is impractical to meet the standards, except where prohibited by this ordinance. Any requests for modification greater than 10 percent require approval by the Public Works Director based on the results of a traffic study with appeals to the Town Manager. Ordinance 922 — Exhibit "A " Page 5 of 5 AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the Q O day of rr� in the year 2020, by and between the Town of Westlake, Texas (hereinafter called OWNER) and C,5vv �i1c-1 /-4- (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 2019 Solana Blvd. Paving Repairs The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Town of Westlake Article 2. ENGINEER. The Town Engineer who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assumes all duties and responsibilities and has the rights and authority assigned to ENGINEER by the OWNER in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. CONTRACTOR agrees to commence work within ten (10) days after the date of written notice to commence work, and to complete the work on which he has bid within 90 working days as provided in the General Conditions. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. The Town of Westlake shall retain 10% of each pay application until the work has been completed by the Contractor. 8-1 Article 6. INTEREST All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of two (2) years from the date of the repair and to maintain said work in good repair and condition for said term of two (2) years. CONTRACTOR binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the ENGINEER, it be necessary. 7.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 7.4. In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 7.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 8. Contract Documents The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8-2 Project Location Map consisting of one (1) page 2. Notice to Bidders consisting of one (1) page 3. Instructions to Bidders consisting of one (3) pages 4. Proposal (Contract Amount) consisting of five (5) pages 5. Maintenance Bond consisting of three (3) pages 6. Performance Bond consisting of two (2) pages 7. Payment Bond consisting of two (2) pages 8. Standard Form of Agreement consisting of four (5) pages 9. Certificate of Insurance consisting of one (1) page 10. Project Detail consisting of three (4) pages 11. Standard General Conditions consisting of thirty nine (39) pages 12. General Conditions consisting of three (3) pages 13. Special Conditions consisting of six (6) pages There are no Contract Documents other than those listed above in this Article 8. Article 9. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. Article 10. MISCELLANEOUS. 10.1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, 8-3 no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.2. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. ( THIS SPACE INTENTIONALLY LEFT BLANK) 8-4 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five (5) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR, and one counterpart has been delivered to ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This agreement will be effective on the e"--'*, 0 day of �rr Bch I , 2020. OWNER: CONTRACTOR: Town of Westlake, Texas t, /a 4v ('-7,, s 4; r e By: 444� "a"", Amanda DeGan, Town Manager By: C � / /'' I ATTEST: /`_ ATTEST: .Kell -Edwards, Town Secretary �u��q �it%aG'4 Address for giving notices: 1500 Solana Blvd., Bldg. 7, Suite 7200 Westlake, Texas 76262 (If OWNER is a public body, attach resolution authorizing execution of Agreement. ) Address for giving notices: List name of person to whose attention notices are to be sent: (If CONTRACTOR is a Corporation, attach evidence of authority to sign.) 8-5 ADDENDUM NO. 1 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SOLANA BOULEVARD PAVING REPAIRS (F.M. 1938 DAVIS BOULEVARD TO S.H. 114) TOWN OF WESTLAKE, TEXAS Date: January 3, 2020 Bid Opening: Thursday, January 7, 2020 at 2:00 p.m. (see below for date change) Receipt of this addendum shall be acknowledged in the appropriate space in the Proposal. The following modifications, clarifications, additions, or deletions shall be made to the appropriate sheets and sections of the Specifications and Contract Documents: CONTRACT DOCUMENTS 1. Notice to Bidders Revise the bid opening date to read as follows: 2:00 p.m., Thursday, January 13, 2020 2. Clarification: Pre -Bid Conference held on December 19, 2020 was not mandatory. Attendance of the pre -bid conference is not a requirement of this bid. END OF ADDENDUM NO. 1 Page 1 of 1 n ADDENDUM NO. 2 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SOLANA BOULEVARD PAVING REPAIRS (F.M. 1938 DAVIS BOULEVARD TO S.H. 114) TOWN OF WESTLAKE, TEXAS Date: January 10, 2020 Bid Opening: Thursday, January 16, 2020 at 2:00 p.m. (see below for date clarification) Receipt of this addendum shall be acknowledged in the appropriate space in the Proposal. The following modifications, clarifications, additions, or deletions shall be made to the appropriate sheets and sections of the Specifications and Contract Documents: CONTRACT DOCUMENTS 1. Notice to Bidders Clarify and Revise the bid opening date to read as follows: 2:00 p.m., Thursday, January 16, 2020 2. Pre -Bid Conference Notes and Contractor Questions/Clarifications: A. Panel Size: As it relates to "Whole Panel", "Half Panel", and "Spot Repair", the standard whole panel size for this project is 12 feet x 18 feet. This is further reflected in the updated Proposal Section issued as part of this addendum. B. Spot Repair: Spot repair represents a 2 foot long full width (12') repair at the end of a damaged panel. If the panel requires repair beyond 2 foot, a "Half Panel" repair will be used in accordance with the "Half Panel" bid item. C. Traffic Control and Project Phasing: Traffic Control shall be in accordance with Section 14.XIIl. Traffic Control Plan. One -Lane of Solona Blvd. shall remain open at all times in each direction. Closure of multiple lanes is permitted through coordination with the Town Engineer or Town Inspector. Multiple lane closure shall be Page 1 of 3 limited to approximately 2000 feet and shall not cross more than one street intersection during any given phase of the project. D. Proposal Item 12: Saw Cut and Remove Concrete Sidewalk This item shall read: "Saw Cut and Remove Concrete Sidewalk at ramp intersection locations". This item is for the removal of portions of the existing sidewalk at the intersection of Peytonville Ave. and Solona Blvd. prior to the installation of barrier free ramps to serve the existing striped crosswalk at this location. E. Proposal Item 13: Construct Barrier Free Ramps This item shall read: "Construct Barrier Free Ramps at Peytonville Ave. Intersection". F. Proposal Item 14: Manhole Block Out This item shall read: "10" Reinforced Concrete Manhole Blockout" The paving section and specifications for the blockouts shall match the 10" reinforced concrete specifications provided in this contract for the panel pavement repair. G. Proposal Item 16: Crack Sealing This item has been removed from the base bid and included in the Alternate bid as Item Alt 2. This item includes routing and sealing of existing cracks in Solona Blvd. for the extents of the projects. H. Proposal Item 17: Replace 20' Inlet Top — Removed from Bid Proposal Item Alt 1: Remove and replace Eastern 4" Reinforced Concrete Colored Banding Section at the Intersection of Westbound Solona Blvd. and Northbound F.M. 1938/Davis Blvd. (2' x 70) This item has been added to this bid proposal. Traffic Buttons Any traffic buttons affected with panel replacement shall be remove and replaced, or new buttons installed. New buttons shall be Type A 4" Round White Non -Reflective Ceramic Traffic Buttons, and a two-way 4" White Rounded Shoulder Reflector installed every after each row of 3 Ceramic Buttons. Traffic Buttons shall be installed in accordance with applicable TxDOT Standard Specifications.Traffic Buttons shall be considered subsidiary to associated panel repair bid items and are not a separate pay item for the purposes of this project. 3. Proposal Section A. The proposal section included with this addendum shall be used for bidding of this project and shall completely replace the proposal section currently in the bid documents. Page 2 of 3 B. Alternate Bid Items: Alternate Bid items included within this bid are items that may be selected to be part of the awarded contract at the discretion of the Town of Westlake. The selection of these alternates is based on and subject to available funding. 4. Engineer's Opinion of Probable Cost The probable cost for this project is approximately $200,000. 5. Start Date The project is intended to begin as soon as possible following award of the bid and approval for release of construction through and by the Town of Westlake. END OF ADDENDUM NO. 2 Page 3 of 3