HomeMy WebLinkAboutContract 42291 t .
Agreement No.
STATE OF TEXAS § CITY SECRETARY
COUNTY OF TRAVIS § CONTRACT NO. `{�c
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 Interstate Highway
820 service road from 900 feet west of Marine Creek Parkway to 500 feet past Marine Creek
Lake in the City of Fort Worth for the purpose of accommodating event traffic, shuttle service
for moving spectators, staging of support vehicles and boat trailers for loading and unloading
during the annual Cowtown Drag Boat Nationals event at Marine Creek Lake beginning
Saturday, September 17 at 6 a.m. until Sunday, September 18 at 6 p.m. 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 13 day of September , 2011 , the Fort Worth City Council passed
Resolution / Ordinance No. C-25156 , 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:
OFFICIAL RECORD
AGREEMENT 1 CITY SECRETARY I
Article 1. CONTRACT PERIOD
` F' WORTH, T x i
This agreement becomes effective upon final execution by the State and sbaTT terminate upon
completion of the Event or unless terminated or modified as hereinafter provided.
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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,
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
traffic control for the Event, certifying that they agree with the enforcement plan and will be
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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. 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
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
A. Prior to beginning any work upon the State's right of way, the local government and/or its
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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:
City of Fort Worth Texas Department of Transportation
Randy Burkett, P.E. Clark Fulbright
City Traffic Engineer Traffic Operations
TPW Traffic Engineering P.O. Box 6868
311 W. 10th Street Fort Worth, Texas 76115
Fort Worth, TX 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.
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.
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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 behalf of the local government by:
By /A tys*-A �,.L--- Date .91/41//
City Official
Typed or Printed Name and Title Fernando Costa
Assistant City Manager
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 programA heretofore appred and authorized by the Texas Transportation
Commiss*
By / Date 9//�1-40i
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September 17-18, 201 1
Marine Creek Lake — Fort Werth, Texas
August 22, 2011
Public Events Program Manager
City of Fort Worth
TPW-Street Management
311 W. 10th Street
Fort Worth,TX 76102
To Whom It May Concern:
The Fort Worth Nationals is requesting temporary closure of the west bound service road of
Interstate Loop 820 between Marine Creek Parkway and Azle Avenue in the City of Fort
Worth,Texas in Tarrant County. Location of closure beginning at nine hundred (900) feet
west of the curb of Marine Creek Parkway,extending west to approximately five hundred
(500)feet beyond Marine Creek Lake property. This temporary road use permit is for
special event traffic control at the Marine Creek Lake which is the site for the Fort Worth
Nationals Drag Boat Races to be held on September 17-18,2011.
Use of the road will be for Fort Worth Nationals staff,the Southern Drag Boat Association
staff,law enforcement officials,emergency services,race teams,as well as access for
spectators to the race site. A shuttle service moving spectators from their designated
parking area into the race site area will be using the service road.
Fort Worth Nationals needs exclusive access to the service road on Saturday,September 17
&Sunday September 18 from 6:00 am until 6:00 pm. The alternate route for local residents
detouring to Azle Avenue from west bound service road to Loop 820,exiting at Azle Avenue,
and entering residential area via Boat Club Road.
I have included a traffic plan and site map for the Fort Worth Nationals. If you need
additional information or have questions,please contact Mike McAuliffe at 405-630-7668 or
Ken Reedy at 940-594-0374. 1 appreciate your assistance with this request.
Sincerely,
Mike McAuliffe
Fort Worth Nationals
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M&C -,Council Agenda Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13/2011
DATE: Tuesday, September 13, 2011 REFERENCE NO.: C-25156
LOG NAME: 202011 DRAG BOAT RACE
SUBJECT:
Authorize Execution of a Contract with the Texas Department of Transportation and Quick Water
Productions for Temporary Closure of Interstate Highway 820 Service Road from 900 Feet West of Marine
Creek Parkway to 500 Feet Past Marine Creek Lake Beginning Saturday, September 17, 2011 through
Sunday, September 18, 2011, for the Cowtown Drag Boat Nationals at Marine Creek Lake (COUNCIL
DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a contract with the Texas Department of Transportation to temporarily close
two lanes of the Interstate Highway 820 service road from 900 feet west of Marine Creek Parkway to 500
feet past Marine Creek Lake beginning Saturday, September 17, 2011 at 6:00 a.m. through 6:00 p.m.
Sunday, September 18, 2011; and
2. Authorize the execution of a contract with Quick Water Productions to temporarily close two lanes of the
Interstate Highway 820 service road from 900 feet west of Marine Creek Parkway to 500 feet past Marine
Creek Lake beginning Saturday, September 17, 2011 at 6:00 a.m. through 6:00 p.m. Sunday, September
18, 2011.
DISCUSSION:
The Metroplex Drag Boat Race Club, sanctioned by the Southern Drag Boat Association, has held a
sanctioned points race at Marine Creek Lake for the past several years and the City of Fort Worth (City)
has provided a Temporary Street Use Permit authorizing the lane closures. During the event, it is
necessary to close two lanes of service road to accommodate event traffic, shuttle service for moving
spectators, staging of support vehicles and boat trailers for loading and unloading during the event at
Marine Creek Lake.
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.
Quick Water Productions is the event producer and has requested to use a portion of the Interstate
Highway 820 service road to accommodate the Drag Boat Nationals event.
An alternate detour route will be provided for local residents and local business traffic will be allowed to
pass through the event usage area. Licensed peace officers will be used to provide security and traffic
control.
The Texas Department of Transportation and the City's Transporation and Public Works Department has
reviewed and concurs with this request.
Interstate Highway 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.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15863&print=true&DocType=Print 09/14/2011
M&C 'Council Agenda Page 2 of 2
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by- Fernando Costa (6122)
Originating Department Head: Douglas Wiersig P.E. (7801)
Additional Information Contact: Randy Burkett P.E. (8712)
ATTACHMENTS
1. 2011_Drag_Boat Races TOOT Agreement.doc (Public)
2. DRAG_BOATLANE CLOSURE SITE PLAN - MARINE CREEK LAKE EVENT.ppt (Public)
3. Drag Boat Races Exhibit A._pdf (Public)
4. Drag Boat Races Exhibit B.pdf (Public)
http://apps.cfwnet.org/ecouncii/printmc.asp?id=15863&print=true&DocType=Print 09/14/2011