HomeMy WebLinkAboutContract 39985Agreement No.
District #
Code Chart 64 #
Project:
STATE OF TEXAS §
CITY SECRETARY .
COUNTY OF TRAVIS § CONTRACT NO.
AGREEMENT FOR THE TEMPORARY CLOSURE
OF STATE RIGHT OF WAY — MULTI -YEAR AGREEMENT
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, Texas, 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 Houston and Commerce Streets (SH Bus 287), in Tarrant , County; and
WHEREAS, the local government has requested the temporary closure of Houston Street
from 1 st to 5th streets and Commerce Street from 2"d Street to Belknap for the purpose of the
annual Cowtown Marathon, from February 27, 20109 2 a.m. to 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 the 40, day of -�� , 20 5 , the City
Council passed Resolution / Ordinance No.44 dQ O , 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:
Traffic-Traffic_Closure Incorporated (TEA30B) Page 1 of 8 Rev. 05/02/2008
Agreement No.
District #
Code Chart 64 #.
Project:
AGREEMENT
Article 1. CONTRACT PERIOD
This agreement becomes effective upon final execution by the State and the maximum
duration of this agreement shall not exceed five years unless terminated or modified as
hereinafter provided.
Article 2. EVENT DESCRIPTION
{Give a physical description of the annual event and when it will be held, 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, number and type 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 Is 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.
Traffic—Traffic_Closure Incorporated (TEA306) Page 2 of 8 Rev. 05/02/2008
Agreement No.
District #
Code Chart 64 #
Project:
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
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. ®WNERSHIP ®F D®GUMENTB
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.
WilivrJEW
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.
Be 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.
Traffic—Traffic_Closure Incorporated (TEA30B) Page 3 of 8
Rev. 05/02/2008
Agreement No.
District #
Code Chart 64 #
Proj ect:
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
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:
Traffic—Traffic_Closure Incorporated (TEA30B) Page 4 of 8 Rev. 05/02/2008
Local Government.
City of Fort Worth
Janice Thompson -Burgess
TPW — Street Permit Center
311 W. 10th Street
Fort Worth, TX 76102
Agreement No.
District #
Code Chart 64 #
Project:
State:
Texas Department of Transportation
Clark Fulbright — Traffic Operations
P.O. Box 6868
Fort Worth, TX 76115
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.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed
in duplicate counterparts.
THE CITY OF
Executed on behalf of the local government by;
...L-_
City Official
Date
C��t�
Typed or Printed Name and Title 4486441144
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 app I d and authorized by the Texas Transportation
A1 / Commissian
Attested bye
Marty Hendrix,
Weer
ity Secretary
Date 2 ZI d d
:ontracL P,uthorsato�
,23 / IT)
Traffic—Traffic_Closure Incorporated (T
T
of 8
Rev. 05/02/2008
Agreement No.
District #
Code Chart 64 #
Proj ect:
E K" I UIt /1
"Event"
The Cowtown promotes good physical fitness in the community. As part of that mission, it works to make a difference with
children and the community.
The annual event staged in Fort Worth since 1979 includes a marathon, ultra marathon, 1 OK and SK and is a sanctioned
pre -qualifying race for the Boston Marathon. Attendance this year is expected to reach 20,000.
Runners from across the globe will beat the streets of Fort Worth neighborhoods on Saturday, February 27. (The event is
always the 4th Saturday in February.)
Race routes include street closures in the Central Business District. They include:
• Throckmorton from I" to 6th Street
• Houston Street (SH Bus 287) from I't Street to 5th Street
• Main Street from I" Street to 6th Street
• Weatherford Street from Throckmorton Street to Commerce Street
• Commerce Street (SH Bus 287) from 2"d Street to Belknap
• 4th Street from Throckmorton Street to Commerce Street
Street closures will begin at 2 a.m. on February 27 and end at 3 p.m. the same day.
A traffic control plan has been approved by the City of Fort Worth Traffic Engineer and licensed peace officers will
provide traffic control and security.
Traffic —Traffic Closure Incorporated (TEA30B) Page 6 of 8 Rev. 05/02/2008
Agreement No.
District #
Code Chart 64 #
Project:
Exhibit B
Resolution /Ordinance
Traffic —Traffic Closure Incorporated (TEA30B) Page 7 of 8
Rev. 05/02/2008
Official site of the City of Fort Worth, Texas
COUNCIL ACTION: Approved on 2/23/2010
DATE: 2/23/2010 REFERENCE NO.: **C-24099 LOG NAME: MARATHON M2
MARATHON 2010
CODE: C TYPE: CONSENT PUBLIC NO
HEARING.
SUBJECT: Authorize the Execution of a Contract with the Texas Department of Transportation for
Temporary Closure of Houston Street from First Street to Fifth Street and Commerce Street
from Second Street to Belknap Street Beginning Saturday, February 27, 2010, at 2:00 A.M.
and Ending on Saturday, February 27, 2010, at 3:00 P.M. to Accommodate the Annual
Cowtown Marathon (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Contract with the Texas
Department of Transportation to temporarily close Houston Street from First Street to Fifth Street and
Commerce Street from Second Street to Belknap Street (State Business Highway 287) on Saturday,
February 27, 2010, from 2:00 A.M. to 3:00 P.M. to accommodate the Annual Cowtown Marathon.
DISCUSSION:
The Cowtown Marathon is an annual event staged in Fort Worth since 1979. The event includes a
marathon, ultra marathon, half marathon, 10K and 5K, and is a sanctioned qualifying race for the Boston
Marathon. Attendance this year is expected to reach 20,000.
The race routes include street closures in the Central Business District. They include:
* Throckmorton Street from First Street to Sixth Street;
* Houston Street from First Street to Fifth Street;
* Main Street from First Street to Sixth Street;
* Weatherford Street from Throckmorton Street to Commerce Street;
* Commerce Street from Second Street to Belknap Street; and
* Fourth Street from Throckmorton Street to Commerce Street.
Houston Street and Commerce Street are part of State Business Highway 287 and therefore part of the
State of Texas highway system.
The State of Texas (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.
The Cowtown Marathon is the event producer and has requested to use Houston Street and Commerce
Street to accommodate the races.
A traffic control plan has been approved by the Transportation and Public Works Department and licensed
peace officers will provide traffic control and security.
Houston Street and Commerce Street are located in COUNCIL DISTRICT 9, Mapso 63W.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
TO Fund/Account/Centers
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Cowtown_Mar. & UM.pdf
Cowtown_State ROW Agreement.doc
Cowtwon_Event Brochure. df
Cowtwon_ Half Mar. - 1OK - 5K.pdf
FROM Fund/ACCOunt/CenterS
Fernando Costa (6122)
William Verkest (7801)
Janice Thompson -Burgess (7894)
Agreement No.
District #
Code Chart 64 #
Project:
Exhibit C
LOCATION MAP
SEE ATTACHED MAPS
Traffic—Traffic_Closure Incorporated (TEA30B) Page 8 of 8
Rev. 05/02/2008
The Cowtown
Marathon & Ultra Marathon Route
Please note; Markers are approximate and course is subject to change
ror cancer and Blood Disorders,
HCA North Texas and NBC 5
any wz4�'V
4
O
b ^9'g
�Lawofiiuoi t9
9
)Q ,(uSJ6An)(j
�� /
O
P '
H
PIMP
� `T
yes b (^✓
El O
N
N G
u
r--r
C g% ,`f
d
�pj
CD
R
N
O
O
-+
co
0
"
j t
g1 FS3�#8 i OLA"Gip
1St#gOCi+fiAfON r At?RjyQ2
1�31
S In
A'1�3�Yi�t _
!� f 04 t 1$ 3(t
:
eetr (, y
Q� I
1S
w ,
Is x
KIN ADO
I i
is owuw
� s
m
�6RIf
EEkLEp
k
$UNIAT AVE
,.. 1$N�t3d iSI-Wid
! 3AV 1 S . , . ,ins /,.
.�._ 1s aagil� ek� la a3�ri� � ��1 ��ti�iae is aaDNllvs � i-,i�+'''�
SL ST 1%00 It
ra 8 a3l
IL
183. la3a�t
;i
flNI131 =°+ I
i$ Ol
tI
-.-.
i
r y,
,
16 �JfAtil9 �
1
$fi
t i J
TST
001,
' uv { , -
i
4
1 % .
3AV $tA)/al
-.r_._-d._..---• ( i 1 14 r W1
1S l7Fldi13F1 -'m _ d ,}y 1fi �� t
;3AV $QNMir $ r f{ 3 "1 h It
1 3 RA
i( a
3AV JnOI 1NWS
a.
0-91 wooZelep
(M o0 0) NW
006 OZt 0vs 09C 081 0
woo auuoIap nwvn
wvo-4'v+J�l ��lap le�al5 yl � �$�