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Form 2045 (8/2001)
(GSD-EPC)
Page 1 of 6
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
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 "City".
WITNESSETH
WHEREAS, the State owns and operates a system of highways for public use and
benefit, including 1H 820 Service Rd. , in Tarrant County; and
WHEREAS, the City has requested the temporary closure of
One(1)lane of the 1H 820 Service Rd. from 900' west of Marine Creek Park to 500' past
Marine Creek Lake
For the purposes of Offloading boats and return boats and shuttle buses on the service
road opposing traffic during the Cowtown Drag Boat Nationals event.
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 day of _06(L4
2005 the Fart Worth City Council passed Resolution/Ordinance
No. attached hereto and identified as "Exhibit B", establishing t at the Event
serves a public purpose and authorizing the City to enter into this agreement with the tate;and
Forth 2045 (8/2001)
Page 2 of 6
WHEREAS, 43 Texas Administrative Code, § 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 Texas Administrative Code, § 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 State.
C. The City 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.
Form 2045 (8/2001)
Page 3 of 6
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 control 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 access 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 practical, restore the natural environment, including landscape features.
4. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by the City
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 condition:
(1) By mutual written agreement and consent of both parties.
(2) By the State upon determination that uses 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 obligation as set
forth herein.
(4) By satisfactory completion of all services and obligations as set forth herein.
Form 2045 (812001)
Page 4 of 6
B. The termination of this agreement shall extinguish all rights, duties, obligation and
liabilities of the State and City under this agreement. If the potential termination 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 party's responsibilities or additional work under this
agreement, the State's decision shall be final and binding.
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 and which result from an error, omission or negligent ace 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 attorneys 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 edition) 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 sha!I provide the State proof of
its self-insurance. Additionally, the City shall include the State as a
insured under its self-insurance policy.
Form 2045 (W2001)
Page 5 of
9. AMENDMENTS
Any changes in the time frame, character, and agreement provisions or obligations of
the 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 or U.S. main, postage prepaid, addressed to such party
at the following respective addresses:
State: Texas Department of Transportation
Jim Walling,Traffic Operations
P.O. Box 6868
Fort Worth,Texas 76115
City:
Cynthia Alexander,Public Events Manager
TPW Street Management Section
311 W. 10'h Street,Fort Worth,Texas 76102
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.
Folin 2045 (812001)
Page 8 of 6
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 HEREOF, the parties hereto have caused these presents to be
executed in duplicate counterparts.
THE CITY OF Fort Worth , TEXAS
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Date
Asrc A. DTT /ion �Yac.k hrorT`� n �T.
Name of Requestor Address
T e.r
Titl �` rr
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Signature City, State Zip
(817) 3FA -
Area Code Telephone Number _
;'ED AS TO FORM AND LEGAU'F',':
AT
BY: T ;:tint Gty Attorney
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.
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Typed, Printed or Stamped Name of District Engineer Date
tern W it
Districtf Address
2 f Ccv'�
Signature of rstrict En sneer
By TxDOT Representative City, State Zip
Name and Title of TOOT Representative Area Code Telephone Number
."ontrait Author i zatioA
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City ®f Fort Worth, Tex-as
May®r and Council Communication
DATE: Tuesday, March 29, 2005
LOG NAME: 20DRAGBOAT REFERENCE NO.: 'C-20623
SUBJECT:
Authorize the Execution of a Contract with the State of Texas Department of Transportation and the
Quick Water Productions for Temporary Closure of 1-820 Service Road from 900 Feet West of
Marine Creek Parkway to 500 Feet Past Marine Creek Lake Beginning Friday, June 17, 2005 until
June 19, 2005
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute:
1. 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, June 17, 2005 until Sunday, June 19, 2005 from 8:00 a.m. to 10:00 p.m. each day; and
2. 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, June 17,
2005 until Sunday, June 19, 2005 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 securit<j
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.
May 13, 1997 (M&C C-18048), 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.
The Department of Transportation and Public Works, Street Management Section, has reviewed and
concurs with this request, including the 1-820 service road from 900 feet west of Marine Creek Parkway to
500 feet past Marine Creek Lake.
This project is located in Council District 7, Mapsco 47Q. (See attached map.)
CITY
"Y.
Logname: 20DRAGBOAT Paee I of 2
FISCAL INFO RMATIO /C.ERTIEICAT!ON:
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 Cita Manager's Office by: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Cynthia Alexander (7894)
Logname: 20DRAGBOAT
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