HomeMy WebLinkAboutContract 47798 CITY SECRETMY .
Form 2044 (Rev.02/2015) CWRACT NO.
Page 1 of 9
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Form 2044 (Rev.02/2015)
(GSD-EPC)
Page 1 of 9
MULTIPLE USE AGREEMENT
For IH 35W Drainage Structure
TXDOT
DENTON AREA OFFICE
STATE OF TEXAS §
MAR 3 0 2016
DENTON TEXAS
COUNTY OF TRAVIS § RECEIVED
THIS AGREEMENT made by the State of Texas by and between the Texas Department of
Transportation, hereinafter referred to as "State", party of the first part, and the City of Fort Worth
hereinafter called City, party of the second part, is to become effective when fully executed by both
parties.
WITNESSETH
WHEREAS, on the 7day of Marc� 20 `� , the governing body for the City,
entered into Resolution/Ordinance No. hereinafter identified by reference,
authorizing the City's participation in this agreement with the State; and
WHEREAS, the City has requested the State to permit the construction, maintenance and
operation of a public drainage structure on the highway right of way, (ROADWAY IH35W, CONTROL
SECTION NO. 0081-13).
(General description of area including either the control number or GPS coordinates.)
Drainage structure on IH35W between IH 35 southbound frontage road and IH35W southbound
mainlanes between SH 114 and Elizabeth Creek.
shown graphically by the preliminary conceptual site plan in Exhibit "A" and being more specifically
described by metes and bounds of Exhibit "S", which are attached and made a part hereof; and
WHEREAS, the State has indicated its willingness to approve the establishment of such
facilities and other uses conditioned that the City will enter into agreements with the state for the
purpose of determining the respective responsibilities of the City and the State with reference thereto,
and conditioned that such uses are in the public interest and will not damage the highway facilities,
impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as
determined from engineering and traffic investigations conducted by the state.
A2 Pru
OFFICIAL RECORD
CITY SECRETARY
!,am WORTH,TX
eG � R
Form 2044 (Rev.02/2015)
Page 3 of 9
5. RESPONSIBILITIES
Timely maintenance, repair and operation of the facility shall be entirely the responsibility of the City.
Such responsibility shall not be transferred, assigned or conveyed to a third party without the
advanced written approval of the State. These responsibilities expressly include the timely
maintenance and repair of any portion of the facility necessary to comply with the Americans with
Disabilities Act. Further, such responsibility shall include picking up trash, mowing and otherwise
keeping the facility in a clean and sanitary condition, and surveillance by police patrol to eliminate the
possible creation of a nuisance or hazard to the public. Hazardous or unreasonably objectionable
smoke, fumes, vapor or odors shall not be permitted to rise above the grade line of the highway, nor
shall the facility subject the highway to hazardous or unreasonably objectionable dripping, droppings
or discharge of any kind, including rain or snow.
If the State determines that the City has failed to comply with these responsibilities, it will perform the
necessary work and charge the City the actual cost of the work.
6. FEES—Not Applicable
Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to
defray the cost of construction, maintenance and operations thereof, and shall be subject to State
approval.
A. Retention Period. The City shall maintain all books, documents, papers, accounting
records and other evidence pertaining to fees collected and costs (hereinafter called the
Records). The City shall make the records available during the term of the Agreement and for
four years from the date the Agreement is terminated, until completion of all audits, or until
pending litigation has been completely and fully resolved, whichever occurs last.
B. Audit Report. If fees are collected by the City for the use of the facility under this
agreement, the City will provide the State an annual audit report detailing the fees collected for
the use of the facility and the costs associated with constructing, maintaining, and operating
the facility within the same period. If the report shows more fees collected than expenses for
the construction, operation, or maintenance of the facility the City must provide a multiple year
plan detailing how the additional revenue will be used for construction, operation, or
maintenance of the facility.
C. Availability. The State or any of its duly authorized representatives, the Federal Highway
Administration, the United States Department of Transportation, Office of Inspector General,
and the Comptroller General shall have access to the City's records that are directly pertinent
to this Agreement for the purpose of making audits and examinations.
Forth 2044 (Rev.02/2015)
Page 5 of 9
limited to any claims or amounts arising or recovered under the "Workers Compensation Law," the
Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other
applicable laws or regulations, all as time to time may be amended.
Nothing in this agreement shall be construed as creating any liability in favor of any third party against
the State and the City. Additionally, this agreement shall not ever be construed as relieving any third
party from any liability against the State. Furthermore, the City shall become fully subrogated to the
State's rights of recovery and shall be entitled to maintain any action over and against any third party
who may be liable for damages. The State agrees to execute and deliver instruments and papers and
to otherwise do that which is necessary to secure such rights.
13. INSURANCE
The City, shall provide necessary safeguards to protect the public on State maintained highways
including adequate insurance for payment of any damages which might result during the construction,
maintenance, repair and operation of the facility. Prior to beginning work on the State's right of way,
the City's construction contractor shall submit to the State a completed insurance form JxDOT Form
No. 1560) or appropriate certificate of self-insurance and shall maintain the required coverage during
the construction of the facility.
14. USE OF RIGHT OF WAY
It is understood that the State by execution of this agreement does not impair or relinquish the State's
right to use such land for highway purposes when it is required for the construction or re-construction
of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be
construed as abandonment by the State of such land acquired for highway purposes, and the State
does not purport to grant any interest in the land described herein but merely consents to such use to
the extent its authority and title permits.
15. ADDITIONAL CONSENT REQUIRED
The State asserts only that it has sufficient title for highway purposes. The City shall be responsible
for obtaining such additional consent, permits or agreement as may be necessary due to this
agreement. This includes, but is not limited to, appropriate permits and clearances for environmental,
ADA and public utilities.
16. FHWA ADDITIONAL REQUIREMENTS
If the Facility is located on the Federal-Aid Highway System, "ATTACHMENT A", which states
additional requirements as set forth in the Federal Highway Administration's Title 23, Code of Federal
Regulations, § 710, shall be attached to and become a part of this agreement.
Form 2044 (Rev.0212015)
Page 7 of 9
21. AUTHORITY OF STATE AUDITOR
The state auditor may conduct an audit or investigation of any entity.receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract 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. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
22. NOTICES
All notices required under this agreement shall be mailed or hand delivered to the following respective
addresses:
STATE (Name of other party)
(Mailing Address) (Mailing Address)
Texas Department of Transportation City of Fort Worth
Maintenance Division Traffic Services Division
125 East 11th Street 5001 James Avenue
Austin, Texas 78701-2483 Fort Worth, TX 76115
23. TIMELY PAYMENT
When required by any provision of this agreement requires a payment to be made to the State, the
other party hereto shall within thirty (30) days from receipt of the State's written notification pay the
State for the full cost of repairing any damages to the highway facility which may result from the other
party's construction, maintenance, repair or operation of the facility.
24. WARRANTS
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party represented.
List of Attached Exhibits:
Exhibit A - General Layout
Exhibit B - Metes and Bounds Description
Exhibit C -Approved Construction Plans
Exhibit D - Certificate of Insurance (TxDOT Form 1560)
Exhibit E -Attachment A (FHWA Additional Requirements)
BURY
EXHIBIT It
"
DRAINAGE AREA
GEORGE W. SHAMBLIN SURVEY, ABSTRACT NO. 1191
CITY OF FORT WORTH, DENTON COUNTY, TEXAS
CONTINUING OVER AND ACROSS SAID INTERSTATE HIGHWAY 35-W IN ALL FOR A TOTAL DISTANCE OF 39.70
FEET TO A POINT FOR CORNER;
THENCE,CONTINUING OVER AND ACROSS SAID INTERSTATE HIGHWAY 35-W,THE FOLLOWING CALLS:
(1-13)NORTH 30°37'10"EAST,A DISTANCE OF 987.96 FEET TO A POINT FOR CORNER;
(1-14)NORTH 13°20'42"WEST,A DISTANCE OF 24.45 FEET TO A POINT FOR CORNER;
(1-15)NORTH 58°20'42"WEST,A DISTANCE OF 17.40 FEET TO THE POINT OF BEGINNING AND CONTAINING
A COMPUTED 1.2600 ACRES OR 54,884 SQUARE FEET OF LAND.
NOTES:
THE BEARINGS CALLED FOR HEREIN ARE REFERENCED TO THE STATE PLANE COORDINATE SYSTEM(TEXAS
NORTH CENTRAL ZONE, NAD 83) BASED ON LECA GEOSYSTEMS NORTH TEXAS SMARTNET NETWORK,
DISTANCES ADJUSTED TO SURFACE USING AN AVERAGE COMBINED SCALE FACTOR OF 0.99984 16473.
A SKETCH WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS DESCRIPTION.
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Form 2044 (Rev.02/2015)
Page 9 of 9
ATTACHMENT A
Inasmuch as this project is on the Federal-Aid highway system, the following additional requirements
as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710.
1. Any significant revision in the design or construction of the facility shall receive prior approval by
the Texas Department of Transportation subject to concurrency by the FHWA.
2. Any change in the authorized use of airspace shall receive prior approval by the Texas
Department of Transportation subject to concurrence by the FHWA.
3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas
Department of Transportation approval subject to concurrence by the FHWA.
4. This agreement will be revocable in the event that the airspace facility ceases to be used or is
abandoned.
tB1T`1=
FORTWORTH
0"
Fiscal Year October 1,2015 — September 30, 2016
RE: Documentation of Insurance
City of Fort Worth Self-Funded Insurance Program
To Whom It May Concern:
Please accept this letter as documentation of the City of Fort Worth's insurance program.
The City of Fort Worth is basically a self-funded entity subject to statutory tort laws. The
City does not maintain a commercial policy of general liability insurance and/or auto
liability insurance. Damage for which the City of Fort Worth would ultimately be found
liable would be paid directly by the City of Fort Worth and not by a commercial insurance
company. City owned property is covered under the City of Fort Worth Fire and
Extended coverage program by a commercial insurance policy. Statutory workers'
compensation insurance, coverage is self-funded to the $750,000.00 retention limit per
incident over which commercial coverage responds with no upper cap; and, employer's
liability coverage is maintained atthe$1,000,000.00 policy limit.
In the event there are any questions regarding the City of Fort Worth's insurance
program, or if I may be of additional assistance, please contact me at the address
provided, or phone direct to 817-392-7790 or email mark.barta@fortworthtexas.gov.
Thank you for your time and attention. Both are appreciated. On behalf of the
City of Fort Worth, we look forward to a continued business relationship.
Sincerely,
;);iArl/
Mark Barta
Risk Manager
HUMAN RESOURCES DEPARTMENT
RISK MANAGEMENT DIVISION
THE CITY OF FORT WORTH* 1000 THROCKMORTON STREET*FORT WORTH,TEXAS 76102
OFFICE(817)392-7790 *FAX(817)392-5874
M8&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRV, ;TH
COUNCIL ACTION: Approved on 3/29/2016 - Resolution No. 4609-03-2016
DATE: 3/29/2016 REFERENCE **G-18700 LOG NAME: 20SWMCHAMPIONSCIRCLEMUA
NO..
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Adopt Resolution to Enter Into a Multiple-Use-Agreement with the Texas Department of
Transportation Pertaining to Drainage Improvements in the IH-35W Right-of-Way Being
Constructed as a Part of the Champions Circle Development(COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution to enter into a Multiple-Use-
Agreement with the Texas Department of Transportation pertaining to drainage improvements in the
IH-35W right-of-way being constructed as a part of the Champions Circle Development.
DISCUSSION:
The drainage plan for the Champions Circle Development, a mixed use project being constructed at
the southwest quadrant of the intersection of IH-35W and State Highway 114, includes storm drain
pipe installed in the IH-35W right-of-way. The Texas Department of Transportation (TxDOT) has
agreed to allow this drainage facility to be constructed in its right-of-way if the City will formally take
maintenance responsibility for the facility via a Multiple-Use-Agreement.
The drainage facility in question will convey stormwater runoff from the public streets being
constructed as a part of the development. Standard policy is to consider such a facility as public
infrastructure and for the City to have maintenance responsibility. Authorizations provided with this
Mayor and Council Communication will result in minimal annual operating impacts to the
Transportation and Public Works Department's Stormwater Management Division's Operating
Budget.
This project is located in COUNCIL DISTRICT 7.
This contract will be with a governmental entity, state agency or public institution of higher education:
Texas Department of Transportation
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that minimal expenses are associated with this action and existing
funds are available to cover any costs incurred.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Cha field 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22145&councildate=3/29/2016 3/31/2016