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2023-010 - Approving and Authorizing the Execution of an Amended Agreement with TxDOT for the Temporary Closure of State Right-Of-Way in support of the 2023, 2024, 2025, 2026 and 2027 Steak Wars Festival
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2023-010 - Approving and Authorizing the Execution of an Amended Agreement with TxDOT for the Temporary Closure of State Right-Of-Way in support of the 2023, 2024, 2025, 2026 and 2027 Steak Wars Festival
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CS7 # <br />District # <br />Code Chart 64 #. <br />Project: <br />WHEREAS, the local government and the State have agreed to amend said agreement to <br />additional ROW, as reflected in Exhibit A and to extend the agreement to cover the year <br />2027; <br />NOW, THEREFORE, in consideration of the premises and of the mutual covenants and <br />agreements of the parties hereto, to be by them respectively kept and performed as <br />hereinafter set forth, it is agreed as follows: <br />AGREEMENT <br />Article 1. CONTRACT PERIOD <br />This agreement becomes effective upon final execution by the State and the maximum <br />duration of this agreement shall not exceed five years unless terminated or modified as <br />hereinafter provided. <br />Article 2. EVENT DESCRIPTION <br />Please see Exhibits A and C. <br />Article 3. OPERATIONS OF THE EVENT <br />A. The local government and a downtown business South Main Iron shall assume all costs <br />for the operations associated with the Event, to include but not limited to, plan development, <br />materials, labor, public notification, providing protective barriers and barricades, protection of <br />highway traffic and highway facilities, and all traffic control and temporary signing. <br />B. The local government shall submit to the State for review and approval the construction <br />plans, if construction or modifications to the State's right of way is required, the traffic control <br />and signing plans, traffic enforcement plans, and all other plans deemed necessary by the <br />State. The State may require that any traffic control plans of sufficient complexity be signed, <br />sealed and dated by a registered professional engineer. The traffic control plan shall be in <br />accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. <br />All temporary traffic control devices used on state highway right of way must be included in <br />the State's Compliant Work Zone Traffic Control Devices List. The State reserves the right to <br />inspect the implementation of the traffic control plan and if it is found to be inadequate, the <br />local government will bring the traffic control into compliance with the originally submitted <br />plan, upon written notice from the State noting the required changes, prior to the event. The <br />State may request changes to the traffic control plan in order to ensure public safety due to <br />changing or unforeseen circumstances regarding the closure. <br />C. The local government will ensure that the appropriate law enforcement agency has <br />reviewed the traffic control for the closures and that the agency has deemed them to be <br />adequate. If the law enforcement agency is unsure as to the adequacy of the traffic control, it <br />will contact the State for consultation no less than 10 workdays prior to the closure. <br />D. The local government will complete all revisions to the traffic control plan as requested <br />by the State within the required timeframe or that the agreement will be terminated upon <br />written notice from the State to the local government. The local government hereby agrees <br />that any failure to cooperate with the State may constitute reckless endangerment of the <br />public and that the Texas Department of Public Safety may be notified of the situation as <br />TRF -TRF TEA30_MultiYrAgrmnt Page 2 of 9 02/13/2023 <br />CLOSURE (Incorporated) Multi -Year <br />
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