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Home My WebLink AboutResolution - 2022-R0283 - Temporary State right-of-way closure for IRONMAN 70.3Resolution No. 2022-RO283 Item No. 6.25 June 14, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and or behalf of the City of Lubbock, an Agreement for the temporary closure of State right-of-way, b} and between the City of Lubbock and the State of Texas acting through the Texas Department o; Transportation (TxDOT), regarding a temporary closure of State right-of-way during the 202: IRONMAN 70.3 Lubbock Triathlon. Said Agreement is attached hereto and incorporated in thi, resolution as if fully set forth herein and shall be included in the minutes of the City Council. THAT the City Council finds it in the best interest of the public safety and welfare of the citiz( of Lubbock to expedite all other traffic matters related to the 2022 IRONMAN 70.3 Lubbc Triathlon, and in doing so hereby delegates authority to the City Manager, or his designee, execute amendments to this agreement. Passed by the City Council on ATTEST: f Rebe a G rza, City Secretary APPROVED AS TO CONTENT: Brooke Witcher, Assistant City Manager APPROVED AS TO FO Rypaf Bro,0e, Kssisfa-nt City Attorney ccdocs/RES.Ironman Lubbock Triathlon 2022 5.25.22 June 14, 2022 T PAY , MAYOR DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 Resolution No. 2022-RO283 STATE OF TEXAS § COUNTY OF TRAVIS § Agreement No. 050822-01 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 Lubbock. TX , 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 East 19m, FM 1729, FM 3523, FM_400. FM 40. FM 378. and the follnwinn 27 & East Broadway: US 84 (Ave diand Glenna Goodacre Blvd, in Lubbock, County; and WHEREAS, the local has requested the temporary closure of East 19"'. FM jr%va ul anu ujenna uooaacre esnra tor the purpose of conducting a portion of the 56-mile bike leg and 13.1-mile run leg of the IRONMAN 70.3 Lubbock event 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 14th day of .rune , 20 ?, the Lubbock City Council passed Resolution / Ordinance No. , 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: AGREEMENT Traffic Closure Incorporated (TEA30A) Page 1 of 34 Rev. 02/22/2019 DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 Article I. CONTRACT PERIOD Agreement No. 050822-01 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. 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 mobifications 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 Traffic Closure Incorporated (TEA30A) Page 2 of 34 Rev. 0212PJ2019 DocuSign Envelope ID: 32AD2025-10524CB4-8056-A48633E88311 Agreement No. 050822-01 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. I 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 parry 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. Traffic Closure Incorporated (TEA30A) Page 3 of 34 Rev. 02/22/2019 DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 Agreement No. 050822-01 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: Local Government: State: City of Lubbock Texas Department of Transportation Attn: City Manager Terry Harris & Steve Warren 1314 Ave K 135 Slaton Road Lubbock, Texas 79401 Lubbock, Texas 79404-5201 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. Traffic Closure Incorporated (TEA30A) Page 4 of 34 Rev. 02/22/2019 DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 Agreement No. 050822-01 Each party is signing this agreement on the date stated beside that party's signature. THE CITY OF _LUBBOCK Executed be f the local government by: By Date June 14, 2022 CitylOffZted Typed or Name and Title Tray Payne Mayor 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 i 08 "y r' Date 6/22/2022 sazcss5raoo��trlCt Engineer Traffic Closure Incorporated (TEA30A) Page 5 of 34 Rev. 02/22/2019 DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 I I Resolution No. 2022-RO283 050822-01 Item No. 6.25 June 14, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and behalf of the City of Lubbock, an Agreement for the temporary closure of State right-of-way, and between the City of Lubbock and the State of Texas acting through the Texas Department Transportation (TxDOT), regarding a temporary closure of State right-of-way during the 20 IRONMAN 70.3 Lubbock Triathlon. Said Agreement is attached hereto and incorporated in t resolution as if fully set forth herein and shall be included in the minutes of the City Council. THAT the City Council finds it in the best interest of the public safety and welfare of the citize of Lubbock to expedite all other traffic matters related to the 2022 IRONMAN 70.3 Lubbc Triathlon, and in doing so hereby delegates authority to the City Manager, or his designee, execute amendments to this agreement. Passed by the City Council on June 14, 2022 T PAY , MAYOR ATTEST: RebMrza, ecretary j� APPROVED AS TO CONTENT: Brooke Witcher, Assistant City Manager APPROVED AS TO City Attorney ccdocs/RES.Ironman Lubbock Triathlon 2022 5.25.22 DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 M :!;/f I fvtli; Et T� I41htd.iu 7a n Agreement No. 050822-01 EXHIBIT A t iL6i9iTQ[FH!• IA. pr J :E-!D �ietlf.f.t Page 6 of 34 e 0 i!s�i�Ob :r,K 1 sar Wd Ff/w cjig 1 I Y � rtra i DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 Agreement No. 050822-01 TURN BY TURN DIRECTIONS s Turn right onto Martin Luther King Jr. Boulevard . Turn right ono East 19th Street . Turn e0tonto East 19th Street . Turn right onto FM 172% FM 1729 . Turn left onto East FM 3523, FM 3523 . Turn left onto FM 4M FM 400 . Turn right onto East FM 4Q FM 40 • Turn right auto FM 40, FM 378 a U-Tum on FM 378 . Turn left onto FIVI 40, FM 40 Turn left onto FM 4M FM 400 • Turn right onto East FM 3523, FM 3523 . Turn right onto FM 172% FM 1729 s Turn left onto 19th Street . Turn left onto East 19th Street . Turn left onto Martin Luther King Jr. Boulevard . Turn left onto Canyon Lake Drive UwtEleaauon.3133ft . Amshmg0sudUati 3133ft . GaL,.449ft za a 3 tD +s w 13 30 33 as a sa as Page 7 of 34 DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 C4 41c, Agreement No. 050822-01 0 ufy 1,44 n sIr G 3 i Q&IISIMCMEACIZO \ pO WKUI Page 8 of 34 0 tr S ey -e6G , .1U 0 ARM IGN9TDi tafA vun reK a< rlssnua 0 lam od LWAr<IS 0 2 ram hM-yAR" Y1ummusu ick g ntMftLvuwr Q o-taml VAM x U&M aaaOMiTC JD ram i DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 Agreement No. 050822-01 Dr. . Turn right onto MacK . Turn left onto Cesar .Tumlekonto . Turn right onto Bud . Tum m d t ot ri nto onl . Tu Turnghtonh • Turn left on Mac . Turn left onto . Turn right onto Glenna . Turn right onto . Turn right at Jones AT&T Stedu n . Turn felt onto ramp at lol • Tum fight onto Cody Campbell • Turn left onto Cody Campbell I . Turn left onto Cady Campbell I . Turn right onto ramp at lonep AM • Turn slight right out of -stadium, . ium ierconco rtn x . Turn right onto Boston Ave Stay left onto BostonAve . Tum left onto Memorial Circle . Turn left onto Broadway W • Follow onto Broadway E • Turn left ontoAkron Ave . Akron Ave turns Into 18tlt st . Turn dght onto lndianaAve. . Turn fight onto Main St. . Turn fight onto FllntAve. . U-turn onto FIIntAve. . Turn right onto Drive of Champions . BEGIN LAP1W0 . Turn right onto Canton Ave . Tum left onto 7th St . Turn right onto Boston Ave . Stleft onto Boston Ave . Tum av leftonto Memorial Circle . Turn left onto Broadway W . Follow onto Broadway E . Tum left ontoAkron Ave . Akran Ave turns Into 18th St. . Tum fight onto Indiana Ave. . Turn right onto Main St . Turn rightanto Flint Ave. . U-tum onto Flint Ave. . Turn rfgMonto Orin of Champions . Tum right onto Canton Ave . Tum left onto 7th St . Turn right onto Boston Ave ■ Stay right onto Boston Aveto FinIsh Start Elevatlore 3135 ft . Finishing Eleva#M 3216 It . Gain: 241 ft I f.0 -- yam+—.. —- —————— _ ——— — —- UN—.1-Jr✓ — ---------- f 1 a 3 . f . 1 f 1 to I1 la I&I Page 9 of 34 DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 tr+, IRI.\0101 MU SSW u4: M fJ{ 11%e NFh CAPS 00I60nC I :t' •G bm'; w.. F94 MI IO IFWC4 J! Page 10 of 34 Agreement No. 050822-01 .VJe�1 ,. (i i .. r / •_/ ,y : �' . t S}:a •" �. ice- *� �� yy '� �_ .. . - `,.`;�.��' �.:.. _ .,sl: .. •taw., r�-. , � 11 - • - lr.: " . .]M': aKa�'s'i F%�, �.-��Fz�'�r3� = is r r L4�'F � i.;, � • i — �I, _ 't}•t:�sl.a;si"IL�-:�-�----- _ _ ..- -�R' . _ . • :.i.C...; .�r�;r�:t• .`i' l.r �hG=:Y { i k:L+. r 5 �.. . ^sr':�':•'11r. '!' - •,,�,•CL; vie' •: .i+. :T �:��• r fl�4jjFFii11,�[e�;' ai ZT iwl ` IN IAL :j -1" { !,. s>•, .t� s try .. •r4, L. ., r -��: /G*'l }� "�').R y. lrf .. .. .�+%�1%a1.'��`.�!i�}•:41i��'.. `��a 1 I.. ..�i��.l�}_'�. DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 Agreement No. 050822-01 SPLIT c@ E 19TH Page 14 of 34 DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 E 19Y" & 289 Agreement No. 050822-01 Page 15 of 34 DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 Agreement No. 050822-01 E 19T" FM 1729 Page 16 of 34 DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 Agreement No. 050822-01 FM 1729 & FM 3523 Page 17 of 34 Docu5ign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 Agreement No. 050822-01 FM 3523 & FM 400 Page 18 of 34 DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 Agreement No. 050822-01 FM 400 & FM 40 Page 19 of 34 DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 Agreement No. 050822-01 FM 40 & FM 378 Page 20 of 34 DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 Agreement No. 050822-01 FM 378 U TURN Page 21 of 34 Docu5ign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 Agreemelt No._ ALTERNATIVE BIKE COURSE RIGHT *TURNAROUND ON 40 RATHER THAN 378* 050822-01 Turn right onto Martin Luther King Jr. Boulevard 0.0 mi Turn right onto East 19th Street 0.4 ml Turn right onto FM 1729, FM 1729 5.2 mi Turn left onto East FM 3523, FM 3523 7.3 mi Turn left onto FM 400, FM 400 11.4 mi Turn right onto East FM 40, FM 40 14.7 mi Turn right onto FM 40, FM 378 23.0 mi Turn left onto FM 40 23.2 mi Turn right onto FM373 N/FM40 W 33.2 ml Turn left onto FM40 W 33.4 mi Turn left onto Co Rd 3400/FM 400 S 41.6 mi Turn right onto E County Rd 6900/E Farm to Market Rd 3523/E F M 3523 44.9 mi Turn right onto F M 1729 49.1 mi Turn left onto E 19th SUE County Rd 6700 51.1 mi Turn left 56.0 mi Page 22 of 34 "fig 77 21, pr ' t r ��: t�'^ it _r `��.�,.:.. 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'4.ayr C him'�Itr '1�IIi;IA fr. ,I.. t }I'-- '�•� .. - IJ.Ir''`j�,��tiy •`.`��.'� 5` 7 �I� I � II 1 � � .f •I ,Y Q �� i � W IV - 64 4r•.:.- NW -17 WAM R.- �i� �"'i, ��'-`fir . r .". ..• • ___ _ �.•�. � �-.. 1'•:1';Z � r•- T':•.i I r :1' r...'�, j�l:•/jd. - _. {._ ;—t�"-iBjJ•�_"�i.u.;:T;F,'s�`e•• -'c_ ' ;1� l,l�iri.i.._•;i.-`fi'rl�.r�-a- f� .( ��•/ _ ZAI$ 43 i, •., _ t rt { ti� gr DocuSign Envelope ID: 32AD2025-1052-4CB4-8056-A48633E88311 Agreement No. 050822-01 Resolution No. 2021-RO161 Item No. 6.21 April 27, 2021 rr RESOLVED BY THE CITY COUNCIL OF THE CrrY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute and on behalf of the City of Lubbock, a Host Venue Agreemeltt in connection with iRONMAN 70.3 triathlon event, by and between the City of Lubbock and World Triatt Corporation, a Florida corporation, and related doeunwats. Said A4rcement is attached hei and incorporated in this resolution as if fully set forth herein and shall be included in the min, ofthe City Council. Passed by the City Council on Aril 27, 2021 DANIEL M. POPE, Mi OR ATTEST: ,&. . N.", - RebeljtAi Oarii, City Sec APPROVED AS TO CONTENT: W. 7anl9t Atkinson, City Manager APPROVED AS TO FORM: City Attorney exdoe:a/ M Host Venue Agent- IRONMAN 70.3 AprH 6, 2021 Page 34 of 34