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HomeMy WebLinkAboutContract 22072t�tb cryo MULTIPLE USE AGREEMENT STATE OF TEXAS § COUNTY OF TRAVIS § Cli, Y Siz-CRiET��4 CONTRACT NO ./.'7jaS'7 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, Texas, hereinafter called the "City", party of the second part, is to become effective when fully executed by both parties. WITNESSETH WHEREAS, on the NbC day of Mz"l 1_7%G , the governing body for the City adopted Mayor and Council Communication C- /SqSQ-. 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 maintenance and operation of a public boat ramp and parking lot on the highway right- of-way, under the Interstate Highway 820 bridge over Arrow S Park at Lake Worth, as shown graphically by the preliminary conceptual site plan in Exhibit "A" and being more specifically described by metes and bounds in Exhibit "B", which are attached and made a part hereof; and WHEREAS, the State has previously constructed the indicated facilities as mitigation for impacting City -owned parkland during the construction of Interstate Highway 820, conditioned upon the City entering into agreements with the State for the purpose of determining the respective responsibilities of the City and the State with reference thereto, and further 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. i 1 Q � R CR VCR FETAR FT. ����Pmt. r 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. CONSTRUCTION ACTIVITIES• Any further revisions or additions to the facilities by the City shall be made after prior written approval of the State. In the event of contemplated revisions or additions, the City will prepare or provide for the construction plans for the facility, and will provide for the construction work as required by said plans at no cost to the State. Said plans ,shall include the design of the access control, necessary horizontal and vertical clearances from highway structures, adequate landscape treatment, and general layout. Completed plans will be submitted to State for review and approval and when approved shall be attached to the agreement and made a part thereof in all respects. Construction shall not commence until plans have been approved by the State. 2. INSPECTION Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration personnel and State Forces and equipment when highway maintenance operations are necessary, and for inspection purposes; and upon request, all parking or other activities for periods required by such operations will be prohibited. 3. PARKING REGULATIONS Parking regulations shall be established limiting the parking to single unit motor vehicles of size and capacity no greater than prescribed for 1-1/2 ton trucks, such vehicles to conform in size and use to governing laws. Parking shall be permitted only in marked spaces. 4. PROHIBITIONS/SIGNS Regulations shall be established prohibiting the parking of vehicles transporting flammable or explosive loads and prohibiting use of the area in any manner for peddling, advertising or other purposes not in keeping with the objective of a public facility. The erection of signs other than those required for proper use of the area will be prohibited. All signs shall be approved by the State prior to the actual erection. 5. RESPONSIBILITIES Maintenance 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 advance written approval of the State. 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 2 eliminate the possible creation of a nuisance or hazard to the public. The area to be maintained is limited to the ground level and surfaced area within the park and shall not include the traffic lanes, adjacent shoulders, or superstructure or substructure of the facility within the highway right-of-way. 6. FEES 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 operation thereof, and shall be subject to State approval. 7. TERMINATION UPON NOTICE This provision is expressly made subject to the rights herein granted to both parties to terminate this agreement upon thirty (30) days written notice and upon the exercise of any such right by either party, all obligations herein to make improvements to said facility shall immediately cease and terminate. 8. MODIFICATION/TERMINATION OF AGREEMENT If in the sole judgement of the State it is found at any future time that traffic conditions have so changed that the existence or use of the facility is impeding maintenance, damaging the highway facility, impairing safety or that the facility is not being properly operated, that it constitutes a nuisance, is abandoned, or if for any other reason it is the State's judgment that such facility is not in the public interest, this agreement under which the facility was constructed may be: (1) modified if corrective measures acceptable to both parties can be applied to eliminate the objectionable features of the facility or (2) terminated and the use of the area as proposed herein discontinued. 9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS All structures located or constructed within the area covered by the agreement shall be fire resistant. The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be a potential fire hazard shall be subject to regulation by the State. It 10. RESTORATION OF AREA The City shall provide written notification to the State that such facility will be discontinued for the purpose defined herein. The City shall, within thirty (30) days from the date of said notification, restore the area to a condition reasonably satisfactory to the State. 11. PREVIOUS AGREEMENTS It is understood that this agreement in no way modifies or supersedes the terms and provisions 'of any existing agreements between the parties hereto. 3 12. INDEMNIFICATION The City acknowledges that it is not an agent, servant, or employee of the State, and that it is responsible for its own acts and deeds and for those of its agents or employees during the performance of contract work. Neither party hereto intends to waive, relinquish, limit or conditions its right to avoid any such liability by claiming its governmental immunity. When notified by the State to do so, 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 its construction, maintenance or operation of the facility, and shall promptly reimburse the State for costs of construction and/or repair work made necessary by reason of such damages. 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 and the City, but the City shall become fully subrogated to the State and shall be entitled to maintain any action over and against the third party which may be liable for having caused the City to pay or disburse any sum of money hereunder. 13. INSURANCE City shall provide necessary safeguards to protect the public on State - maintained highways including adequate insurance or self-insurance, at City's option, for payment of any damages which might result by reason of the construction, maintenance and operation of the facility occupying such airspace or thereafter, and to save the State harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so. At the time of execution of the Agreement by the City, the City shall attach required insurance documentation to each Agreement counterpart. If the City is a self -insured entity and performs any work on the Project with City Forces, the City shall extend the protection of its self- insurance to the State for'any and all damages and injuries arising from the City's performance under this Agreement. If the City is not a self -insured entity and performs any work on the Project with City Forces, the City shall furnish the State with a completed Certificate of Insurance (TxDOT Form 20.102). of the Agreement. If the City performs any work on the Project through a contractor or contractors selected through the City low -bid procedure, the City shall require the contractor or contractors to furnish the State with a completed Certificate of Insurance (TxDOT Form 10.102), and shall insure the contractor or contractors maintain such insurance during the term of the Agreement. M 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 construction or reconstruction 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 describe herein but merely consents to such use to the extent its authority and title permits. 15. ADDITIONAL CONSENT REQUIRED The State asserts only that is has sufficient title for highway purposes. The City shall be responsible for obtaining such additional consent or agreement as may be necessary due to this agreement. This includes, but is not limited to, 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, Section 713, shall be attached to and become a part of this agreement. 17. CIVIL RIGHTS ASSURANCES The City, for itself, its personal representatives, successors and interests and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no persons, on the ground of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facility; (2) that in the construction of any improvements on, over or under land and the furnishing of services thereon, no person on the ground of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination; (3) that the City shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A. Office of the Secretary, Part 21, Non-discrimination in Federally -Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That if in the event of any breach of the above non-discrimination covenants, the State shall have the right to terminate the agreement and reenter and repossess said land and the facilities thereon, and hold the same as if said agreement had never been made or issued. 18. AMENDMENTS Any changes in the time frame, character or responsibilities of the parties hereto shall be exacted by a written amendment executed by both parties hereto. 19. 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 unenforceable shall not affect any provision hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this agreement. 20. NOTICES All notices required under agreement shall be mailed or hand delivered to the following address; City of Fort Worth Attention: Director of Parks and Community Services Dept. 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115-1499 11 2 r 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) IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the on the day of 19 , and the State on the day of 1996. CITY OF FOR WORTH The undersigned hereby represents and warrants that he/she is an officer of the organization for which he/she has executed this agreement and that he/she has full and complete authority to enter into this agreement on behalf of the City of Fort Worth. By: L'bby Wat on Assistant City Manager ATTEST: Title s AP PR ED AS TO FORM AND LEGALITY: CGG��OGi� Assistant City A orney Date Cu11i,racct Authorization � i Date STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders established policies or work programs hereto -fore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002. By: Director, Construction and Maintenance Division APPROVAL RECOMMENDED: District Engineer Director, Design Division DATE City of Fort Worth Texas Mayor and Council Communication 05/14/96 REFERENCE NUMBER **C-15452 NAME 80BOAT I 1 of 1 SUBJECT I MULTIPLE USE AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR USE OF PROPERTY FOR BOAT RAMP IMPROVEMENTS AT ARROW S PARK/LAKE WORTH RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Multiple Use Agreement with the Texas Department of Transportation for the use of state highway right-of- way for renovation of boat ramp facilities of Arrow S Park. DISCUSSION: On January 23, 1996, the City Council authorized the submittal of grant application to the Texas Parks and Wildlife Department (TP&WD) to obtain matching funds for boat ramp improvements at Arrow S Park and Lake Arlington Park (M&C G-11380). The existing boat ramp facilities at Arrow S Park were constructed by the Texas Department of Transportation (TxDOT) in the mid- 1970's as mitigation for obtaining parkland for highway right-of-way purposes in the construction of 1-820 over Lake Worth. These facilities were to be maintained by the City as per the Multiple Use Agreement. City records indicate this agreement was initiated by the City, but the TxDOT never fully executed this document. In review of the grant application, the TP&WD is requiring a fully executed Multiple Use Agreement containing the signatures of both parties to be in place prior to final consideration of the grant application. At its regularly scheduled meeting on April 16, 1996, the Parks and Community Services Advisory Board voted to endorse the staff's recommendation to the City Council to authorize the City Manager to execute a Multiple Use Agreement with the TxDOT for the use of state highway right-of-way for renovation of boat ramp facilities at Arrow S Park on Lake Worth. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that this agreement will have no material effect on City funds. LW:a Submitted for City Manager's Office by: Libby Watson 6183 FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY (to) APPROVED ��` , Y COUiVC�I MAY 14 1994, d&" City�to mS.y of y of Fort Worst, vex" Originating Department Head: Richard Zavala 5700 (from) For Additional Information Contact: Richard Zavala 5700 Printed on Recyded Paper INTEROFFICE CORRESPONDENCE TO MIKE FICKE PARK & RECPLANNING & DEV. FROM OFFICE OF THE CITY SECRETARY DATE AUGUST 23, 1996 SUBJECT MULTIPLE USE AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR USE OF PROPERTY FOR BOAT RAMP IMPROVEMENTS AT ARROW S PARK/LAKE WORTH. ATTACHED ARE THE CONTRACTS (#22072) WITH THE ABOVE REFERENCED CONTRACTOR FOR THE ABOVE REFERENCED PROJECT. ALL SIGNATURES, EXCEPT THE ABOVE CONTRACTING PART, HAVE BEEN AFFIXED. PLEASE OBTAIN THE NECESSARY SIGNATURES AND THEN RETURN THE COPY STAMPED "OFFICIAL RECORD" TO THE OFFICE OF THE CITY SECRETARY. THANK YOU, ISABEL BARGAS EXT. 6153