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HomeMy WebLinkAboutContract 30084 CITY SECRETARY „ONTRACT NO. of r+,w�r.mo Forth 2045 (8/2001) (GSD-EPC) Page 1 of 8 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 111820 Service Rd. from 900'west of Marine Creek Park to 500' past , Marine Creek Lake For the purposes of Off-loading 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 tre "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 8th day of June 2004 the Fort Worth City Council passed Resolution/ r No. , attached hereto and identified as "Exhibit B", establi hil6at,trrf&Wht serves a public purpose and authorizing the City to enter into this agreement ith 1 , u :�. Form 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 (8/2001) 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 shall provide the State proof of its self-insurance. Additionally, the City shall include th as- al insured under its self-insurance policy. Form 2045 (8/2001) Page 5 of 6 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 t0 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,Special Events Coordinator TPW Street Management Section 311 W. 10`h Street,Fort Wo:h,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. w Form 2045 (8/2001) Page 6 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 Zwol'a- >0) 2004 Date Marc A. Ott boo -T roe.Kj t,e Pro A Sr- Name of Request Assistant G ager Address Title () y Signature City, State Zip b R Area Code Telephone Number )q 7 ATTE T: � :ontract Authoriaatioa BY: I Aw-� (0-9— �� City ecretary Date 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. /D Typed,Printed or Stamped Name of District Engineer Date District Address / fov Signature o istrict Engifieer By TxDOT Re sentative City, !�/ State Zip Joh ML",Z-L--, Name and Title of TxDOT Representative �— Area Code Telephone Number City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/8/2004 DATE: Tuesday, June 08, 2004 LOG NAME: 20DRAGBOAT REFERENCE NO.: **C-20097 SUBJECT: Contract with the State of Texas Department of Transportation and the Quick Water Productions for the Temporary Closure of the West Bound Right Lane of 1-820 Service Road from 900 Feet West of Marine Creek Parkway to 500 Feet Past Marine Creek Lake Beginning Friday, June 18, 2004 until Sunday, June 20, 2004 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 (1) 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 18, 2004 until Sunday, June 20, 2004 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 (1) 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 18, 2004 until Sunday, June 20, 2004 from 8:00 a.m. to 10:00 p.m. each day. DISCUSSION: j 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 closure of one lane. 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. Additionally, a shuttle bus moving spectators from their designated parking area into the race site will be using this portion of the road. Fort Worth Police Officers will provide security 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. On May 13, 1997(M&C C-16048), 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. T.nvname• MDR A('TROAT D.,..o 1 -471 This property is located in Council District No. 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/C enters Submitted for City Manager's Office by; Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Cynthia Alexander (7894) Logname: 20DR AGROAT Paov 7 of')