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HomeMy WebLinkAboutContract 35494 (-IT Y SECFiETARy NO. _. .. greement No. STATE OF TEXAS § 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 "local government." WITNESSETH WHEREAS, the State owns and operates a system of highways for public use and benefit, including N. Main Street , in Tarrant , County; and WHEREAS, the local government has requested the temporary closure of N. Main from N.E. 4th Street to Refinery Street for the purpose of conducting a three-day free to attend outdoor celebration of Latin music, art and cuisine and will benefit several local, regional and national non-profit organizations. This full street closure will accommodate festival event set up, staging of event layout, structures, vendors and support vehicles for loading and unloading during the event beginning Thursday, July 12, 2007 until 7:00 a.m. on Monday, July 16, 2007 as described in the attached "Exhibit A," hereinafter identified as the "Event;" and WHEREAS, the Event will be located within the local government'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 7r'v WHEREAS, on the -- day of t �-t-� , 20 ! , the Fort Worth City Council passed Resolution / Ordinance No.4 &C S 7 c/ , attached hereto and identified as "Exhibit B," establishing that the Event serves a public purpose and authorizing the local government to enter into this agreement with the State; and WHEREAS, 43 TAC, Section 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 TAC, Section 22.12; 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: TRF-TRF_TEA30 Page 1 of 8 Rev. 09/21/05 CLOSURE (Incorporated) Agreement No. AGREEMENT Article 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. Article 2. EVENT DESCRIPTION The physical description of the limits of the Event, including county names and highway numbers, the number of lanes the highway has and the number of lanes to be used, the proposed schedule of start and stop times and dates at each location, a brief description of the proposed activities involved, approximate number of people attending the Event, the number and types of animals and equipment, planned physical modifications of any man- made or natural features in or adjacent to the right of way involved shall be attached hereto along with a location map and identified as "Exhibit C." 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. TRF-TRF_TEA30 Page 2 of 8 Rev. 09/21/05 CLOSURE (Incorporated) Agreement No. E. The local government 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. F. The local government 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 local government 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 local government 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. G. The local government 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 local government's traffic control plan. H. The local government 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, but not limited to, roadway and drainage structures, signs, overhead signs, pavement markings, traffic signals, power poles and pavement, etc. to a condition equal to that existing before the closure, and, to the extent practicable, restore the natural and cultural environment in accordance with federal and state law, including landscape and historical features. Article 4. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the local government will remain the property of the local government. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. Article 5. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By the State upon determination that use 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 obligations as set forth herein. (4) By satisfactory completion of all services and obligations as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations, and liabilities of the State and local government under this agreement. If the potential termination of this agreement is due to the failure of the local government to fulfill its contractual obligations as set forth herein, the State will notify the local government that possible breach of contract has occurred. The local government must remedy the breach as outlined by the State within ten (10) days from receipt of the State's notification. In the event the local government does not remedy the breach to the satisfaction of the State, the local government shall be liable to the State for the costs of remedying the breach and any additional costs occasioned by the State. Article 6. DISPUTES TRF-TRF_TEA30 Page 3 of 8 Rev. 09/21/05 CLOSURE (Incorporated) Agreement No. Should disputes arise as to the parties' responsibilities or additional work under this agreement, the State's decision shall be final and binding. Article 7. RESPONSIBILITIES OF THE PARTIES The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 8. INSURANCE A. Prior to beginning any work upon the State's right of way, the local government 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 local government and/or its contractors are encroaching upon the State right of way. B. In the event the local government is a self-insured entity, the local government shall provide the State proof of its self-insurance. The local government agrees to pay any and all claims and damages that may occur during the period of this closing of the highway in accordance with the terms of this agreement. Article 9. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the local government and the State. Article 10. COMPLIANCE WITH LAWS The local government shall comply with all applicable federal, state and local environmental laws, regulations, ordinances and any conditions or restrictions required by the State to protect the natural environment and cultural resources of the State's right of way. Article 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. Article 12. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the following respective addresses: Local Government: State: Cynthia Alexander Clark Fulbright, Traffic Operations Public Events Program Manager Texas Department of Transportation City of Fort Worth P.O. Box 6868 TPW Street Permit Center Fort Worth, Texas 76115 311 W.10th Street Fort Worth, Texas 76102 TRF-TRF_TEA30 Page 4 of 8 Rev. 09/21/05 CLOSURE (Incorporated) Agreement No. 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. Article 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 WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF Fort tj,,;r, Executed on behalf of the local government by: B Date 05//0 City Official D GALITY. Marc A. Assistant Manage Attested By: tan ty t Cy � THE STATE OF TEXAS Executed for the Executive Director 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 here-to-fore ap-roved and authorized by the Texas Transportation Co is i n. By -' C�vft Date 7 3 6 Di trict Engineer A7 Contract. Authorizatioi LL&V Date TRF-TRF_TEA30 Page 5 of 8 L. Rev. 09/21/05 CLOSURE (Incorporated) J.�i r �nr ��� - y . �� r - v� Y EXHIBIT "A" Innovation Event Management, LP will produce the Annual Gran Fiesta Fort Worth event. Will temporarily close N. Main Street (State Highway BUS 287) from N.E. 5th Street to Refinery Street - beginning at 6:00 p.m. on Friday, July 13, 2007 until 7:00 a.m. Monday, July 16, 2007. This full street closure will accommodate festival event set up, staging of event layout, structures, vendors and support vehicles for loading and unloading during the event. Anticipated crowd: 50,000 accumulative throughout the 3-day event DESCRIPTION: The Gran Fiesta is a colorful three-day free to attend outdoor celebration of Latin music, art and cuisine and will benefit several local, regional and national non- profit organizations. Historically, the Gran Fiesta event has been held for the past seven years in downtown on Main Street between 3rd Street and 9th Streets. The event has been relocated this year to prevent conflicts with another event at the Fort Worth Convention Center. Innovation Event Management, LP has produced the Gran Fiesta event for the past several years and the City has provided a Temporary Street Use Permit authorizing the street closures. Licensed peace officers will be used to provide security and traffic control. A Traffic Control Plan and Detour Route will be implemented during street closures. The Department of Transportation and Public Works' Street Permit Center has reviewed and concurs with this request. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/5/2007 DATE: Tuesday, June 05, 2007 LOG NAME: 20GRAN FIESTA REFERENCE NO.: **G-15743 SUBJECT: Authorization to Execute Contract with the State of Texas Department of Transportation and Innovation Event Management for Temporary Closure of North Main Street (State Highway BUS 287) from Northeast 4th Street to Refinery Street from July 12-16, 2007, for the Gran Fiesta RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a contract with the State of Texas Department of Transportation, (TXDOT) to temporarily close North Main Street (State Highway BUS 287) from Northeast 4th Street to Refinery Street beginning at 6:00 p.m. on Thursday, July 12, 2007 until 7:00 a.m. on Monday, July 16, 2007; and 2. Authorize the City Manager to execute a contract with Innovation Event Management, LP for Temporary Closure of North Main Street (State Highway BUS 287) from Northeast 4th Street to Refinery Street beginning at 6:00 p.m. on Thursday, July 12, 2007 until 7:00 a.m. on Monday, July 16, 2007. DISCUSSION: The Gran Fiesta is a colorful three-day free to attend outdoor celebration of Latin music, art and cuisine and will benefit several local, regional and national non-profit organizations. Historically, the Gran Fiesta event has been held for the past seven years in downtown on Main Street between 3rd Street and 9th Street. The event has been relocated this year to prevent conflicts with another event at the Fort Worth Convention Center. Innovation Event Management, LP has produced the Gran Fiesta event for the past several years and the City has provided a Temporary Street Use Permit authorizing the street closures. 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. The above streets are located in COUNCIL DISTRICT 2, Mapsco 63W. (see attached map) Licensed peace officers will provide security and traffic control. The Department of Transportation and Public Works' Street Permit Center has reviewed and concurs with this request. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. 49Z_�_ 1*18 // TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office br. Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Cynthia Alexander (7894) l�!!► h N.7th Street r ^ KEY - COMMERCIAL EXHIBITOR _ U - ARTIST/VENDOR BOOTHS . - SERVICE EQUIPMENT ■ - STAGE - ACTIVITIES 3 CARNIVAL F'l - CONCESSIONS 4-* 4-* N.8th Street N.5th Street go .�.► A—L 05/19/2007 15:26 5123581004 IEM PAGE 01 05/1612007 10:05 6172938053 AMERICAN awRICABE PAGE 01/01 warn N W I I rl I I gm I I 73C' 1 1s0' I I ��� i I I , �bs CLOSO to 4N SMW ( I � NAM A I ) bQ TEMPOURY TWRC COMIROL PW M24)7 thM 7-1"7 IEM,he ws Art*Amn 8 de (�- American Barricades Compan}',Ana 35%23i 2007 13:47 5123581004 1G111 TxDOT Form 1660(Rev 0412002)Previous editions a'this form may not be used. Page 1 of 2 Texas Dl?partment of Transportation (TxDOT) (;ERTIFICATE OF INSURANCE Prior to the beginning of work,the Contrac4or shall obtai m the minimum Insurance and endorsements specified. Only the TxDOT certificate of insurance form Is acceptable as proof of insurance for department oontra:ts.Agents should complete the form providing all requested Information then either tax or mail this torn directly to the address listed on the back of this form. G:aies of endorsements listed below are not required as attachments to this certificate. insured: Tnnnvation Event 14anagement StreeVMailing Address: ssnict We.a Hwy 290 City/State/Zip: AnGtin _SX- 78735 Phone Number.Area Code (go()y_ 775—' WORKERS'COMPENSATION INSURANCE COVERAGE: Endorsed with a Waiver of Subrogation in favor of TxDOT. Carrier Name: Carrier Phone#: Address: City,State,Zip: Type of lnsurance Polie Numb(: Effective Date Ex Iration ate �LsL&'Th�arn,! f Liability: Workers'Compensation Statutory—Texas COMPREHENSIVE GENERAL LIABILITY IN::URANCE: Endorsed with TxOOT as Additional Insured and with a Waiver of Subro etion in favor of TxDOT, Carrier Name; qt pAiil Firt, A. Marine TNS. Co Carrier Phone#: _ 2191 Address: S -6527 Main S:. City,State,Zip: Trum u I I, Type of insurance: Policy Numbi:r: I Effective Date: Expiration Date: Limits of Liability: Comprehensive General Not Less Than: Liability insurance Bodily Injury EW0610095'1 7-12-07 7-16-07 5 500,000 each occurrence Property Damage S 100,000 each occurrence OR $100,000 for aggregate Commercial General OR Liability Insurance $600,000 combined single limit COMPREHENSIVE AUTOMOBILE LIABILiT"INSURANCE: Endorsed with TxDOT as Additional Insured and with a Waiver of Subrociation in favor of TxDOT. Carrier Name: Carrier Phone 0: ~ Address: City,State,Zip: Type of Insurance, Policy Number; Effective Date: Expiration Date: Limits of Liability: Comprehensive Automobile Liability Insurance OR Texas Not Less Than: Business Automobile Policy $250,000 each person Bodily Injury S 500,000 each occurrence Property Damage $1001000 each occurrence UMBRELLA POLICY(if applicable): Carrier Name: Carrier Phone#: Address: City,State,Zip: Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Umbrella Policy I Agency Name Address City, State Zip Code Shaft arby Companies 6527 Main St Trumbull, CT. 06611 Area Code (2()J 4411 5-2123 A. /Y lJ a 0 Authorized Agent's Phone Number Au horized Age t Orkjirial Signature D to This Certificate of Insurance neither affirmatively ror negatively amends,extends.or alters the coverage afforded by the above insurance policies issued by the named insurance company. Cancellation of the insurance policies shall not be made until THIRTY DAYS AFTER the agent or the insurance company has sent written notice by certified mail 13 the contractor and the Texas Department of Transportation. THIS IS TO CERTIFY to the Texas Department f Transportation acting on behalf of the State of Texas that the Insurance policies named meet all the requirements stipulated and such policies are In full force and effeeL if this form is sent by facsimile machine (fox),the sender adopts the document recr;rvcd by TxDOT as a duplicate original and staple the signature produced by the receiving lair machine as the senders original aignature. The Texas Department of Transportation maintal mS the information collected through this form. With few exceptions,you are enttted on request to be informed about the information that we collect.;bout you. Under§§552.021 and 552,023 of the Texas Government Code, you also are entitled to receive and review the information. Under§55".004 of the Goverment Code, you are also entitled to have us correct information about you that IS incorrect.