2019-033 - Authorizing execution of an Agreement for the Festival of Pumpkins

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Agreement No. District # Code Chart 64 # Project: duration of this agreement shall not exceed five years unless terminated or modified as hereinafter provided. Article 2. EVENT DESCRIPTION The Festival of Pumpkins is an annual event held in downtown Paris. The primary activities will take place in Bywaters Park located along South Main Street (BUS271), with vendors and activities also set up in the street on South Main (BUS271). The highway consists of two lanes serving northbound traffic, with parallel parking spaces along the east side. The festival begins Saturday morning at 9:00 AM and ends at 5:00 PM. Venders are allowed to setup Friday evenings due to the number of vendors and limited access. Patrons to this event are able to eat, shop the vendors, participate in kids activities such as a petting zoo and bounce houses, see live performances, paint pumpkins, adopt pets, and enjoy time in downtown Paris. The approximate number of people expected to attend the event is 10,000. 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. Traffic Closure Incorporated (TEA30B) Page 2 of 8 Rev. 02/22/2019