HomeMy WebLinkAboutContract 33826 STATE OF TEXAS § Ci! 1' SFORETARY
COUNTY OF TRAVIS § vOftl f';'-,A CT No,
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 Fort Worth , a municipal corporation, acting by and
through its duly authorized officers, hereinafter called the "local government."
WITNESSETH
WHEREAS, the State owns and operates a system of highways for public use and benefit,
including IH 820 Service Road , in Tarrant , County; and
WHEREAS, the local government has requested the temporary closure of One (1) lane of
the IH 820 Service Road from 900 feet west of Marine Creek Park to 500 feet past Marine
Creek Lake for the purpose of off-loading boats and returning boats and shuttle buses on the
service road opposing traffic during the Cowtown Drag Boat Nationals event, from August 4,
2006 to August 6, 2006 from 8:00 a.m. to 10:00 p.m. each day as described in the attached
"Exhibit A," hereinafter identified as the "Event;" and
WHEREAS, the Event will be located within the local government's incorporated area; and
WHEREAS, the State, in recognition of the public purpose of the Event, wishes to cooperate
with the City so long as the safety and convenience of the traveling public is ensured and that
the closure of the State's right of way will be performed within the State's requirements; and
WHEREAS, on the11th day of July, 2006, the Fort Worth City Council passed Resolution /
Ordinance No.M&C C-21545, attached hereto and identified as "Exhibit B," establishing that
the Event serves a public purpose and authorizing the local government to enter into this
agreement with the State; and
WHEREAS, 43 TAC, Section 22.12 establishes the rules and procedures for the temporary
closure of a segment of the State highway system; and
WHEREAS, this agreement has been developed in accordance with the rules and
procedures of 43 TAC, Section 22.12;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as
hereinafter set forth, it is agreed as follows: �, 11 nI n I DD^
AGREEMENT
'P 7v,7
Article 1. CONTRACT PERIOD'
This agreement becomes effective upon final execution by the State and sha &rminate upon -
completion of the Event or unless terminated or modified as hereinafter provided.
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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,
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 local government shall submit to the State for review and approval the construction
plans, if construction or modifications to the State's right of way is required, the traffic control
and signing plans, traffic enforcement plans, and all other plans deemed necessary by the
State. The State may require that any traffic control plans of sufficient complexity be signed,
sealed and dated by a registered professional engineer. The traffic control plan shall be in
accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices.
All temporary traffic control devices used on state highway right of way must be included in
the State's Compliant Work Zone Traffic Control Devices List. The State reserves the right to
inspect the implementation of the traffic control plan and if it is found to be inadequate, the
local government will bring the traffic control into compliance with the originally submitted
plan, upon written notice from the State noting the required changes, prior to the event. The
State may request changes to the traffic control plan in order to ensure public safety due to
changing or unforeseen circumstances regarding the closure.
C. The local government will ensure that the appropriate law enforcement agency has
reviewed the traffic control for the closures and that the agency has deemed them to be
adequate. If the law enforcement agency is unsure as to the adequacy of the traffic control, it
will contact the State for consultation no less than 10 workdays prior to the closure.
D. The local government will complete all revisions to the traffic control plan as requested
by the State within the required timeframe or that the agreement will be terminated upon
written notice from the State to the local government. The local government hereby agrees
that any failure to cooperate with the State may constitute reckless endangerment of the
public and that the Texas Department of Public Safety may be notified of the situation as
soon as possible for the appropriate action, and failing to follow the traffic control plan or
State instructions may result in a denial of future use of the right of way for three years.
E. The local government will not initiate closure prior to 24 hours before the scheduled Event
and all barriers and barricades will be removed and the highway reopened to traffic within 24
hours after the completion of the Event.
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
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traffic control for the Event, certifying that they agree with the enforcement plan and will be
able to meet its requirements.
G. The local government hereby assures the State that there will be appropriate passage
allowance for emergency vehicle travel and adequate access for abutting property owners
during construction and closure of the highway facility. These allowances and accesses will
be included in the local government's traffic control plan.
H. The local government will avoid or minimize damage, and will, at its own expense, restore
or repair damage occurring outside the State's right of way and restore or repair the State's
right of way, including, but not limited to, roadway and drainage structures, signs, overhead
signs, pavement markings, traffic signals, power poles and pavement, etc. to a condition
equal to that existing before the closure, and, to the extent practicable, restore the natural
and cultural environment in accordance with federal and state law, including landscape and
historical features.
Article 4. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by the local
government will remain the property of the local government. All data prepared under this
agreement shall be made available to the State without restriction or limitation on their further
use.
Article 5. TERMINATION
A. This agreement may be terminated by any of the following conditions:
(1) By mutual written agreement and consent of both parties.
(2) By the State upon determination that use of the State's right of way is not
feasible or is not in the best interest of the State and the traveling public.
(3) By either party, upon the failure of the other party to fulfill the obligations as set
forth herein.
(4) By satisfactory completion of all services and obligations as set forth herein.
B. The termination of this agreement shall extinguish all rights, duties, obligations, and
liabilities of the State and local government under this agreement. If the potential termination
of this agreement is due to the failure of the local government to fulfill its contractual
obligations as set forth herein, the State will notify the local government that possible breach
of contract has occurred. The local government must remedy the breach as outlined by the
State within ten (10) days from receipt of the State's notification. In the event the local
government does not remedy the breach to the satisfaction of the State, the local government
shall be liable to the State for the costs of remedying the breach and any additional costs
occasioned by the State.
Article 6. DISPUTES
Should disputes arise as to the parties' responsibilities or additional work under this
agreement, the State's decision shall be final and binding.
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
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A. Prior to beginning any work upon the State's right of way, the local government and/or its
contractors shall furnish to the State a completed "Certificate of Insurance" (TxDOT Form
1560, latest edition) and shall maintain the insurance in full force and effect during the period
that the local government and/or its contractors are encroaching upon the State right of way.
B. In the event the local government is a self-insured entity, the local government shall
provide the State proof of its self-insurance. The local government agrees to pay any and all
claims and damages that may occur during the period of this closing of the highway 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: State:
Cit f Fort Worth Texas Departme t of Trans ortation
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 te .�1 tthe
subject matter. �Iwfir
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IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed
in duplicate counterparts.
THE CITY OF FORT WORTH
Executed on be t local government by:
By Date? c�—`7. 6�
City Official Marc A. Ott
Assistant City Manager
? •- le Marc A. Ott
Apt a . AS rO FORM AND LEGALITY: Assistant City Manager
Ass44f
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 2�� ���/� � Date c� 3 b
- � �
District Engineer
Attested By:
biarty Hen rLx
City Secretary
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ContractAuthorization
Date
CITY
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Agreement No.
Exhibit A
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Exhibit B
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/11/2006
DATE: Tuesday, July 11, 2006
LOG NAME: 20DRAG BOAT REFERENCE NO.: **C-21545
SUBJECT:
Authorization to Execute Contract with the State of Texas Department of Transportation and Quick
Water Productions for Temporary Closure of 1-820 Service Road from Marine Creek Parkway to
Azle Avenue from August 4-6, 2006
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a contract with the State of Texas Department of
Transportation, (TXDOT) to temporarily close one lane of the 1-820 service road from 900 feet west of
Marine Creek Parkway to 500 feet past Marine Creek Lake beginning Friday, August 4, 2006 until Sunday,
August 6, 2006 from 8:00 a.m. to 10:00 p.m. each day; and
2. Authorize the City Manager to execute a contract with the Quick Water Productions to temporarily
close one lane of the 1-820 service road from 900 feet west of Marine Creek Parkway to 500 feet past
Marine Creek Lake beginning Friday, August 4, 2006 until Sunday, August 6, 2006 from 8:00 a.m. to 10:00
p.m. each day.
DISCUSSION:
The Metroplex Drag Boat Race Club has held a sanctioned points race at Marine Creek Lake for the past
several years and the City has provided a Temporary Street Use Permit authorizing the one lane closure.
During the event, it is necessary to close one lane so participants can off-load their boats and return them
on the service road opposing traffic. Vehicles and boat trailers are parked on the service road until the
boats are trailered again at the end of the event. Licensed peace officers will be used to provide security
and traffic control.
The State has adopted an administrative regulation requiring the City to request permission of the State to
close any section of the state or federal highway system. To obtain the State's permission, the City is
required to execute a contract providing for a closure of the roadway.
On May 13, 1997, (M&C C-16048) City Council authorized the City Manager to execute contract No. 22794
between the City, TxDOT and the Metroplex Drag Boat Race Club to close the above area. This year Quick
Water Productions is the promoter of the Drag Boat Race and has requested to use a portion of the 1-820
Service Road to accommodate the Cowtown Drag Boat Nationals event.
1-820 service road from 900 feet west of Marine Creek Parkway to 500 feet past Marine Creek Lake is
located in Council District 7, Mapsco 47Q. (see attached map)
The Department of Transportation and Public Works' Street Management Section has reviewed and
concurs with this request.
Logname: 20DRAG BOAT EXHIBIT "B" f'': Page 1 of 2
This closure is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Marc Ott (6122)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Cynthia Alexander (7894)
Logname: 20DRAG BOAT Page 2 of 2
Agreement No.
Exhibit C
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EXHIBIT "C"
Quick Water Productions Annual Drag Boat Race event— one (1) lane closure to
accommodate staging of support vehicles and boat trailers for loading and
unloading during the event at Marine Creek Lake.
Temporarily close one (1) lane of the 1-820 service road from 900 feet west of
Marine Creek Parkway to 500 feet past Marine Creek Lake beginning Friday,
August 4, 2006 until Sunday, August 6, 2006 from 8:00 a.m. to 10:00 p.m. each
day.
Anticipated crowd: 5,000
DESCRIPTION:
The Metroplex Drag Boat Race Club has held a sanctioned points race at Marine
Creek Lake for the past several years and the City has provided a Temporary
Street Use Permit authorizing the one lane closure. During the event, it is
necessary to close one lane so participants can off-load their boats and return
them on the service road opposing traffic. Vehicles and boat trailers are parked
on the service road until the boats are trailered again at the end of the event.
Licensed peace officers will be used to provide security and traffic control.
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