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HomeMy WebLinkAboutContract 47152 Contract No. 6J f' FORT WORTH GATEWAY MONUMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § 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 Texas home-rule municipal corporation, acting through its duly authorized official, as evidenced by Mayor and Council Communication Number C-27340, approved on July 21, 2015, hereinafter called the "Local Entity". BACKGROUND The State owns and maintains a system of highways, including Interstate Highway 30 in Tarrant County, Texas, for public use and benefit. The State agrees to allow for the construction of a Fort Worth Gateway Monument within the State's right of way and the Local Entity agrees to construct the Monument and to conduct the long term maintenance for this structure located on State of Texas-owned property in the right-of- way on the north side of Interstate 30, just west of the "Pantego Bible Church" sign near the eastern city limits of Fort Worth, Texas 76103, between Eastchase Parkway on the east and Cooks Lane on the west, referred to as the "Gateway Monument," more specifically described in Attachment "A," Project Map, which is attached hereto. The Local Entity will conduct the Monument's long term maintenance activities through the use of Local Entity forces, contractors, or other means satisfactory to the Local Entity and the State. THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree to the following. AGREEMENT SECTION 1. PERIOD OF THE AGREEMENT. This Agreement becomes effective when finally executed by the State and shall continue unless or until otherwise terminated as provided by this Agreement. A� SECTION 2. FINANCIAL RESPONSIBILITIES. �II costs covered by this Agreement including design, engineering, testing, construction, „ ; u- installation, access for maintenance, maintenance, labor, materials, supplies, traffic control, additional improvements, and if required, removal of the Gateway Monument, shall be the responsibility of the Local Entity, except the portion of the construction c vered by the TxDOT Governor's Community Achievement Award of $265,000. Interlocal 1-30 Gateway Monument Agreement 1 of 17 Execution Copy September 22, 2015 Contract No. Any administrative costs associated with the Gateway Monument that are incurred by the State, such as those related to proposal review, as well as developing, issuing, and monitoring the Agreement for approved the Gateway Monument project shall be the responsibility of the State. SECTION 3. RESPONSIBILITY OF THE PARTIES. A. The Local Entity agrees to: 1. Provide Gateway Monument design plans to the State before execution of this Agreement according to TxDOT policy and, upon final approval, furnish and construct the Gateway Monument according to plans approved by the State, which are set out more specifically in Attachment "B," Local Entity's Final Gateway Monument Proposal, which is attached to this Agreement, and include any other related installation items that may be required; and 2. Furnish, erect, and maintain any barricades, signs and traffic handling devices, in accordance with the latest Texas Manual of Uniform Traffic Control Devices (MUTCD) and to the satisfaction of the State related to this project, as may be required to protect the safety of the public; and 3. Conduct periodic inspections of the Gateway Monument as deemed necessary; and 4. Provide for the construction and maintenance of all associated appurtenances that are considered by the State to be a part of the project. The Local Entity further agrees to remove such items from the project's location and restore the area to the satisfaction of the State upon termination of this Agreement in accordance with Section 9. B. The State agrees to: 1. Review and evaluate the Gateway Monument proposal submitted by the Local Entity with due consideration to safety (location, potential for motorist distraction, accessibility for maintenance, etc.), aesthetics, community support and maintainability; and 2. Coordinate with other TxDOT Divisions, as appropriate, as well as interact with the Federal Highway Administration (FHWA) for input, review and approval; and 3. Cooperate with the Local Entity to determine the requirements for barricades, signs, and traffic handling devices to be used by the Local Interlocal 1-30 Gateway Monument Agreement 2 of 17 Execution Copy September 22, 2015 y. Contract No. Entity during the construction and maintenance of the Gateway Monument; and 4. Provide maintenance access to the project location for the Local Entity or for its Contractor or group, and if possible, from outside the highway right of way; and 5. Conduct periodic inspections of the Gateway Monument as deemed necessary. C. The Local Entity and State further agree that nothing contained in this Agreement will be construed to: 1. Give either party the power to direct and control the day-to-day activities of the other; or 2. Constitute the parties as partners, joint venturers, co-owners, or otherwise as participants in a joint or common undertaking; or 3. Allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever. SECTION 4. DESIGN AND PLACEMENT OF GATEWAY MONUMENTS. A. As already agreed to between the parties, Gateway Monuments shall be designed and placed so as to: 1. Be freestanding. 2. Feature only the letters of the community name and/or officially adopted seal. 3. Include, if required by TxDOT, approved protective graffiti coatings. 4. Be appropriate to its proposed setting and community context as determined by the Local Entity. 5. Be in proper size and scale with its surroundings. 6. Be composed of materials that are durable for the projected life span of the project. 7. Be located beyond the clear zone, for both main lane traffic and frontage road traffic. 8. Be located where maintenance can be safely performed, as Interlocal 1-30 Gateway Monument Agreement 3 of 17 Execution Copy September 22, 2015 Contract No. specified in this Agreement, and in conformance with TxDOT procedures. 9. Be subject to the review and approval of TxDOT in consideration of design, size, and scale for appropriate integration on urban or rural highway features. B. Gateway Monuments shall not: 1. Be allowed within the center median areas of interstate highway rights-of-way. 2. Contain religious, political, special interest, private, or commercial messages of any sort, including, but not limited to, symbols, logos, business names, trade names, jingles, or slogans. 3. Contain any displays of any sort, advertising, decorative banners, flags, or flag poles. 4. Display telephone numbers, street addresses, or Internet addresses. 5. Interfere with airspace above the roadway. 6. Create a distraction to the motoring public; for example, the Gateway Monument shall be large enough to interpret at highway speed, but not be so large that it demands attention from the motorist. The parties have already reviewed the design and agree this is not an issue. 7. Include reflective or glaring surface finishes. 8. Include illumination that impairs or distracts the vision of transportation system users. Other lighting may be permitted. 9. Display blinking or intermittent or moving lights, including changeable message signs, digital displays, or lighted static displays such as LED. 10. Include moving elements (kinetic art) or simulate movement. 11. Include water features of any sort. 12. Interfere with official traffic control devices, nor interfere with the operational right-of-way above the roadway. 13. Be placed within State right-of-way upon trees, or painted or drawn upon rocks or other existing natural features. Interlocal 1-30 Gateway Monument Agreement 4 of 17 Execution Copy September 22, 2015 1 t Contract No. 14. Make use of or simulate colors or combinations of colors usually reserved for official traffic control devices described in the Texas Manual on Uniform Traffic Control Devices. 15. Require the removal of trees or other vegetation for visibility, or harm trees during construction. Pruning of tree branches or roots, and removal of shrubs should be avoided. 16. Negatively impact existing highway features, including existing signs, irrigation systems, necessary drainage patterns, and facilities. SECTION 5. MAINTENANCE. The Local Entity shall provide regularly scheduled maintenance, as described in Attachment "B," for its projected lifespan, which is approximately twenty-five (25) years. Maintenance shall include, but not be limited to, restoration work to maintain the integrity of the approved Gateway Monument, maintenance of any associated landscaping or lighting, and graffiti removal. Gateway Monuments shall be kept clean, free of graffiti, and in good repair. Graffiti removal shall conform to the most current TxDOT policies and guidelines, which require prompt removal of offensive messages and timely removal of all other graffiti. Maintenance practices of the Local Entity or its agent shall protect air and water quality as required by federal and state law. SECTION 6. MONUMENT REMOVAL OR REPAIR. The Local Entity shall remove the Gateway Monument covered by this agreement within a reasonable time upon 1) the termination of this Agreement, or, 2) if in the opinion of TxDOT, the Gateway Monument creates safety or operational concerns due to deterioration or inadequate maintenance. TxDOT will provide the Local Entity with notice and opportunity to cure when TxDOT has determined that the Gateway Monument requires special attention or that a breach of this Agreement has occurred. In the event the Local Entity fails to cure the breach, or fails to maintain, repair, rehabilitate, or remove the Gateway Monument in a timely manner, TxDOT may remove the Gateway Monument after giving thirty (30) days' notification to the Local Entity, and bill the Local Entity for all costs of removal and restoration of the area. TxDOT reserves the right to remove the Gateway Monument due to construction, rehabilitation, violation of the terms of this Agreement, or other necessary activities affecting the transportation facilities without any obligation, compensation to, or approval of the Local Entity. TxDOT will notify the Local Entity of its intent to remove the Gateway Monument to allow for timely removal and salvage by the Local Entity. In the event of an emergency situation, TxDOT reserves the right to remove or alter any Gateway Monument that presents an immediate safety hazard to the public without delay or advanced notification to the Local Entity. Interlocal I-30 Gateway Monument Agreement 5 of 17 Execution Copy September 22, 2015 d b Contract No. SECTION 7. USE OF CONTRACTOR OR GROUP. The Local Entity shall have the right to engage any responsible Contractor or group to perform or provide any portion of the Local Entity's Gateway Monument activities specified in this Agreement. However, notwithstanding this provision, the Local Entity shall continue to remain responsible to the State to ensure performance of all its duties and responsibilities specified in this Agreement. The Local Entity shall ensure that any Contractor or group complies with all provisions of this Agreement, and federal, state, and local laws, and regulations as may be applicable. In the event the Local Entity engages a Contractor to perform Gateway Monument construction or maintenance activities as referenced in this Agreement, the Local Entity shall ensure that said Contractor shall indemnify the State for any and all damages and claims for damages by said Contractor, its employees, agents, or representatives, including any claims resulting from bodily injury or death to others, or, for loss of or damage to property of others, arising out of, incident to, or in any manner connected to Gateway Monument construction or maintenance activities, and, for any or all liability arising from the negligent acts of said Contractor, its employees, agents, or representatives. In the event the Local Entity engages and approves a responsible group to perform Gateway Monument construction or maintenance activities under this Agreement, the Local Entity shall require and ensure that said Contractor or group follow all the terms of this Agreement as well as all Attachments. SECTION 8. INDEMNIFICATION. A. The Local Entity and the State each acknowledge responsibility for the acts, deeds, errors and omissions of its own employees. The parties agree that the Texas Tort Claims Act pertaining to governmental liability for tortious conduct and/or property damage shall apply to this Agreement. B. To the extent allowed by law, the Local Entity shall also indemnify and save harmless the State from any and all expense, including, but not limited to, attorney fees, which may be incurred by the State in litigation or otherwise resisting a claim or liabilities that may be imposed on the State as a result of error, omission, or act of the Local Entity, its agents, or its employees. Nothing contained herein shall ever be construed so as to require the Local Entity to create a sinking fund or to assess, levy, and collect any tax to fund its obligations under this paragraph. SECTION 9. TERMINATION. This Agreement may be terminated under any of the following conditions: A. At any time by mutual written agreement and consent of both parties; or Interlocal 1-30 Gateway Monument Agreement 6 of 17 Execution Copy September 22, 2015 Contract No. B. By either party upon giving the other party one hundred eighty (180) days prior written notice; or C. By the State, in the event the State determines that the Gateway Monument is not in the best interest of the traveling public. However, the State may not terminate this Agreement solely based on aesthetic displeasure of the public. If either party terminates this Agreement, as provided herein, the Local Entity will be responsible removal of the Gateway Monument as provided in Section 6. In the event that the Local Entity does not provide the removal services, the State may remove the Gateway Monument and shall be entitled to reimbursement from the Local Entity for any reasonable costs incurred by the State to restore the State's right of way to its original condition. SECTION 10. AMENDMENTS. Amendments to this Agreement shall be in writing and shall be executed by both parties. SECTION 11. AUDIT. The State's auditor may conduct an audit or investigation of any entity receiving funds from the State directly under a contract or indirectly through a subcontract under a contract. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. If the Local Entity is the subject of an audit or investigation, the Local Entity must provide the State's auditor with access to any information the State's auditor considers relevant to the investigation or audit. Likewise, the State agrees that the Local Entity shall have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the State involving transactions relating to this Agreement. SECTION 12. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 7, the Local Entity shall not assign or otherwise transfer its rights and obligations under this Agreement except with prior written consent of the State, and any prohibited assignment or transfer shall be null and void. SECTION 13. REMEDIES. This Agreement shall not be considered as specifying the exclusive remedy for any default. All legal remedies may be pursued by either party and shall be cumulative. SECTION 14. INSURANCE. If this Agreement authorizes the Local Entity's contractor to perform any work on State right of way, before beginning work, the contractor performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on the State right of way. The Local Interlocal 1-30 Gateway Monument Agreement 7 of 17 Execution Copy September 22, 2015 Contract No. Entity is self-insured and will not be responsible for providing such coverage. The Local Entity will require its contractor to maintain coverage until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. SECTION 15. NOTICES. All notices to either party by the other under this Agreement shall be delivered personally or sent by U.S. mail, postage prepaid, addressed to such party at the following addresses: STATE : LOCAL ENTITY: Texas Department of Transportation City of Fort Worth District Engineer Attn: Fernando Costa, Assistant City 2501 SW Loop 820 Manager Fort Worth, Texas 76133-2300 1000 Throckmorton Fort Worth TX 76102 SECTION 16. GRATUITIES. Texas Transportation Commission policy mandates that employees of the State shall not accept any benefits, gifts, or favors from any person doing business or who reasonably speaking may do business with the State under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received advanced written approval of the Texas Department of Transportation Executive Director. Any person doing business with or who may reasonably speaking do business with the State under this Agreement may not make any offer of benefits, gifts or favors to State employees, except as mentioned here above. Failure on the part of the Local Entity to adhere to this policy may result in the termination of this Agreement. SECTION 17. SIGNATORY WARRANTY. Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. SECTION 18. INCORPORATION OF PROVISIONS. Attachments "A" and "B" are made part of this contract. The parties shall comply with the provisions of Attachments "A" and "B" as if they were set forth in full within the body of this Agreement. SECTION 19. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Interlocal 1-30 Gateway Monument Agreement 8 of 17 Execution Copy September 22, 2015 Contract No. SECTION 20. NO WAIVER. The failure of the Local Entity or the State to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the Local Entity's or the State's respective right to insist upon appropriate performance or to assert any such right on any future occasion. SECTION 21. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, the Local Entity and the State do not waive or surrender any of their governmental powers. SECTION 22. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. SECTION 23. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. SECTION 24. ENTIRETY OF AGREEMENT. This Agreement, including any attachments, contains the entire understanding and agreement between the Local Entity and the State as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. THEREFORE, the parties have executed this Agreement in duplicate originals. THE CITY OF FO , WORTH THE STATE OF TEXAS Certified as being executed for the By: purpose and effect of activating Ferns o osta and/or carrying out the orders, Title: Assista t City Manager established policies or work programs heretofore approved and Date: ` ~ authorized by The Texas Transportation Commission Attest: By: Mary J K er/ City Secretary Brian R. Barth, PE °°" ° District Engineer Fort Worth District Date; d ft VU, ay Monument Agreement 9 of 17 Execution Copy September 22, 2015 Contract No. Approved as to form and legality: Jessica S gsvan AssistantCity Attorney List of Attachments: "A" — Project Map for Gateway Monument "B" - Local Entity's Final Gateway Monument Proposal f, Y EE N, Interlocal 1-30 Gateway Monument Agreement 10 of 17 Execution Copy September 22, 2015 E Contract No. ATTACHMENT A PROJECT MAP FOR GATEWAY MONUMENT LOCATION: NORTH SIDE OF INTERSTATE 30 IN TXDOT RIGHT-OF-WAY, JUST WEST OF EASTCHASE PARKWAY AND THE PANTEGO BIBLE CHURCH SIGN, VIA MONUMENT AGREEMENT WITH TXDOT rte a 4 } Al ' vf;,ht'Rd asr. r mukef w a Interlocal 1-30 Gateway Monument Agreement 11 of 17 Execution Copy September 22, 2015 Contract No. y � r, t T- x Interlocal 1-30 Gateway Monument Agreement 12 of 17 Execution Copy September 22, 2015 Contract No. ATTACHMENT B LOCAL ENTITY'S FINAL GATEWAY MONUMENT PROPOSAL T g Interlocal 1-30 Gateway Monument Agreement 13 of 17 Execution Copy September 22, 2015 4 Contract No. MOWr. Interlocal 1-30 Gateway Monument Agreement 14 of 17 Execution Copy September 22, 2015 Contract No. Interlocal 1-30 Gateway Monument Agreement 15 of 17 Execution Copy September 22, 2015 Contract No. OEM t rr r x un � v s � sx , w r � � t 9 t +! z a EXAMPLES OF SOME OF THE NATIVE WILD FLOWERS AND GRASSES TO BE UTILIZED y Ilona r r Autumn Interlocal 1-30 Gateway Monument Agreement 16 of 17 Execution Copy September 22, 2015 Contract NO. - © Spring In 6c qo Gateway Mo e_m Agreement 77 7777 Execution Cop September 22, 2015 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas ITY COUNCILAGENDA COUNCIL ACTION: Approved on 7/2112015 CONTINUED FROM A PREVIOUS WEEK REFERENCE 201-30 GATEWAY DATE: 6/16/2015 NO.: C-27340 LOG NAME: MONUMENT PUBLIC ART PROJECT CODE: C TYPE: CONSENT HEARING: NO SUBJECT: Authorize Execution of a Final Design Agreement with Etty Ish-Horowitz and Kevin Sloan in an Amount Up to $90,268.00 for Final Design of the Interstate 30 Gateway Monument and a City Held Amount Up to$15,284.00 for City Project Management Costs and Contingencies for a Total Amount Up to$105,552.00 and Authorize Execution of a Monument Agreement with the Texas Department of Transportation (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Final Design Agreement with Etty Ish-Horowitz and Kevin Sloan in an amount up to $90,268.00 for final design of the Interstate 30 Gateway Monument, including engineering, surveying and construction documents and a City held amount up to $15,284.00 for City project management costs and contingencies for a total amount up to $105,552.00; and 2. Authorize the execution of a Monument Agreement with the Texas Department of Transportation for the purpose of locating the Interstate 30 Gateway Monument within its right-of-way. DISCUSSION: Extending approximately 500 lineal feet, the Interstate 30 (1-30) Gateway Monument will be a welcoming landmark to the City of Fort Worth (City) that combines sculptural and landscaping components designed for viewing at freeway speeds. The project is located in the Texas Department of Transportation's (TxDOT) right-of-way. As drivers approach from the east, they will see a series of long, low, angled walls built from recycled TxDOT concrete traffic barriers that appear to emerge from the hillside and separate as the driver passes. "F O R T W O R T H"will be spelled out in statuesque steel letters, approximately eight feet in height, attached to the tops of the walls. Native wildflowers and grasses will be abundantly planted between the walls to provide a variety of color and height during the course of the annual growing cycle to reinforce Etty Ish-Horowitz's and Kevin Sloan's (Artists), "Road To The West" concept. The Artists were placed under a Preliminary Design Contract (City Secretary Contract No. 43918) dated November 27, 2012. On February 16, 2015, the Fort Worth Art Commission (FWAC) approved the preliminary design and recommended the Artists be placed under a Final Design Contract (Final Design). Under this Final Design, the Artists will finalize the aesthetic design and provide civil and structural engineering, materials testing, surveying and stamped construction documents. Upon approval of the Final Design and construction documents, the City will let the project for bidding by TxDOT-certified contractors. In 2004, City received the Texas Governor's Community Achievement Award (GCAA) from TxDOT in the amount of$265,000.00 that may only be used for construction and installation of a Monument/Landscape Project on a State of Texas right-of-way that fulfills the City's expectations and meets TxDOT's design, safety, maintenance and funding requirements. A future Mayor and Council Communication (M&C)will request authorization of a construction contract between the City and a TxDOT certified contractor to be paid for by GCAA funds in the amount of $265,000.00 and supplemented by Specially Funded Capital Projects Fund (Public Art Fund), as needed. Pursuant to a Monument Agreement between the City and TxDOT, which will allow the City to http://apps.cfwnet.org/council_packet/mc review.asp?ID=21072&councildate=7/21/2015 10/22/2015 M&C Review Page 2 of 2 locate the Monument on TxDOT's right-of-way, the City will retain full ownership of and maintenance responsibilities for the monument. Funding for the Final Design of the project has been allocated from the Public Art Fund and the project was included in the Fiscal Year 2015 Annual Work Plan and Budget adopted by the Fort Worth City Council on October 14, 2014 (M&C C-27031). Fort Worth Art Commission Action: On February 16, 2015, the FWAC approved the Artists' preliminary design and recommended additional funding from the Public Art Fund for production of construction documents, materials testing, surveying, City project management costs and contingency. These additional funds are available from the Public Art Fund. Project costs and funding sources are as follows: PROJECT COST ESTIMATE AMOUNT COUNCIL ACTION Preliminary Design $15,000.00 Approved dministrativel Final Design $105,552.00 This M&C Construction $349,642.00 - Estimated Total $470,194.00 - FUNDING SOURCES AMOUNT TxDOT Governor's Community $265,000.00 Achievement Award Specially Funded Capital Projects Fund $205,194.00 subfund 98- Public Art)* Estimated Total $470,194.00 *Public Art Fund: two percent allocated from funds included in the operating budget of the Water and Sewer Fund for cash financing of capital projects. M/WBE Office -The City's overall M/WBE goal for the Fort Worth Public Art Program is 25 percent of total capital project dollars expended on public art annually. This project is located in COUNCIL DISTRICT 5, Mapsco 67X. Council Member Gyna Bivens concurs with the Art Commission's recommendation to proceed with Final Design for the 1-30 Gateway Monument project. The project serves the entire City. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the Specially Funded Capital Projects Fund (Public Art) for the 1-30 Gateway Monument project. TO Fund/Account/Centers FROM Fund/Account/Centers 1) C291 531200 204980163933 $98,338.00 2) C291 531350 204980163930 $7,214.00 Submitted for City Manager's Office by; Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Martha Peters (298-3025) ATTACHMENTS http://apps.cfwnet.org/council_packet/me review.asp?ID=21072&councildate=7/21/2015 10/22/2015