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HomeMy WebLinkAboutResolution - 2020-R0185 - IRONMAN 70.3 Agreement, TxDOTResolution No. 2020-RO185 Item No. 7.11 June 9, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement for the temporary closure of State right-of-way, by and between the City of Lubbock and the State of Texas acting through the Texas Department of Transportation (TxDOT), regarding a temporary closure of State right-of=way during the 2020 IRONMAN 70.3 Lubbock Triathlon. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. THAT the City Council finds it in the best interest of the public safety and welfare of the citizens of 1-ubbock to expedite all other traffic matters related to the 2020 IRONMAN 70.3 Lubbock Triathlon, and in doing so hereby delegates authority to the City Manager, or his designee, to execute amendments to this agreement. ATTEST: Passed by the City Council on Tune 9, 2020 DANIEL M. POPE, MAYOR P.&U-Ac - Reber • arza, City Secre ry APPROVED AS TO CONTENT: Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: Rya. 1,pCe, ss' tant City Attorney ccdocs/RF.S.1roiinan Lubbock Triathlon 2020 05.26.20 OSoq 2v—ot Resolution No. 2020-RO185 Item No. 7.11 June 9,2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and behalf of the City of Lubbock, an Agreement for the temporary closure of State right-of-way, and between the City of Lubbock and the State of Texas acting through the Texas Department Transportation (TxDOT), regarding a temporary closure of State right-of-way during the 20 IRONMAN 70.3 Lubbock Triathlon. Said Agreement is attached hereto and incorporated in tl resolution as if fully set forth herein and shall be included in the minutes of the City Council. THAT the City Council finds it in the best interest of the public safety and welfare of the citizt of Lubbock to expedite all other traffic matters related to the 2020 IRONMAN 70.3 Lubbc Triathlon, and in doing so hereby delegates authority to the City Manager, or his designee. execute amendments to this agreement. Passed by the City Council on June 9, 2020 Vw DANIEL M. POPE, MAYOR ATTEST: - Rebecl4garza, City Secre ry APPROVED AS TO CONTENT: — -- Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: Rya roce, KssWant City Attorney docs/RES.lronmon Lubbock Triathlon 2020 05.26.20 ResoILit ion No. 202O-RO185 Agreement No. Q5-bq 245 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 Lubbock Texas , a municipal corporation, acting by and through its duly authorized officers, hereinafter called the "local government." LIJ31rli0LARI&I 41111i: WHEREAS, the State owns and operates a system of highways for public use and benefit, including East 19th, MLK, Parkway Dr., Marsha Sharp Fwy, West bound frontage rd, University Dr. , in Lubbock , County; and WHEREAS, the local government has requested the temporary closure of _Texas State Highway_MSFWY for the purpose of conducting a portion of the 56 mile bike of the IRONMAN 70.3 Lubbock, to include a coning off of MSFWY 4th on rarnp & University off ramp 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 WHEREAS, on the 9 day of �June,2020 the Lubbock City Council passed Resolution 1 Ordinance NO;L- ched 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: 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. Traffic -Traffic -Closure Incorporated (TEA30A) Page 1 of 8 Rev. 05/02/2008 Agreement No. 0509 Zo - 0 t 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. 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. Traffic -Traffic -Closure Incorporated (TEA30A) Page 2 of 8 Rev. 05/02/2008 Agreement No. OS5o9ZO- of 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. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 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 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 Traffic —Traffic —Closure Incorporated (TEA30A) Page 3 of 8 Rev. 05/02/2008 Agreement No. 0S0ct z D - of 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: City of Lubbock Texas Department of Transportation Attn: City Manager 1625 13th St. Room 205 Terry Harris_& Steve Warren Lubbock, Texas 79457 135 Slaton Road I Lubbock, Texas 79404-5201 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. Traffic -Traffic -Closure Incorporated (TEA30A) Page 4 of 8 Rev. 05/02/2008 Agreement No. OS OR ZO -Ot IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF _LUBBOCK Executed on bel f of the local government by: By Date June 9, 2020 DANIEL . POPE, MAYOR Atte Rebecc Garza, City Sec t APPv IRO_ EDASTQCONTENT, Brooke Witcher, Assistant City Manager APPROWD /L �y •�'!i' / Rya a, Assistgnt City Attorney 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 prograrrp"ereretofoore approved and authorized by the Texas Transportation Commission. f By / /. Ci!*� Date e-/2-Zb D rict Engineer Traffic -Traffic -Closure Incorporated (TEA30A) Page 5 of 8 Rev. 05/02/2008 Agreement No. bSO't Zo - 01 Exhibit B Traffic —Traffic Closure Incorporated (TEA30A) Page 7 of 8 Rev. 05/02/2008 OS Oct 2J-0k CORE POWER. • IRONIIIAN. 70.3°'If UBBOCK r'Ziy_z�l�al,IJ,re�,ic�acL��l]:i.Z.3 BIKE MAP Distance 56 Miles Elevation Gain: 1,277 ft Elevation Max: 3,223 ft O C� JoWani amusement arV. rye¢enler Acuff - ''-j �� Paosevnp Lubbock ®0 ®® S i,� L] IUullalo T AnnsonO f in SUPeicente• "SPtlngs cast^^ e O s (Tal m® ® O PnseY O o Agreement No. 05 09 2,0 - 0 Exhibit C Traffic —Traffic Closure Incorporated (TEA30A) Page 8 of 8 Rev. 05/02/2008 US O%Zo -o) CORE POWER. to 2020 IRONMAN 70.3 LUBBOCK BI IROMMAN0 Distance 56 MiilesKE MAP % UBBOCK Elevation MaElevation x: 7093ax: 3,223 ft TOD Joyland Amusement Park F7191 O Ipercenler DWD AcAt a F ® u Lubbock r ®� ® ®o • o ® A ARM ul SUPercenrer �...� Con9on ® nm 'springs 0 PAo 0 0 o 0 D o o r�7 u 7 ® O ® ® O O O O oSo`i 2,0-0l mi Ilead north on Canyon o L.K BLVJ .54 at 'umri4 m .76 od um ri h n .89 ad um ri ht onto S mce Avc .97 and mi es ilt onto E 190. .88 mi Tom right onto County Rd 300Ul Farm to Market Rd 1729 S toward FM 3523 .89 not Turn Icft onto FM 3523 12.04mi is n FEED ZONE/BATHROOM I2.05 mi um left onto Co Rd 3400/ FM 4M 12.69 mi umri ht onto EC R 6840 0.91 nd jqjnue onto C R 3600 um Around At Slaton Golf Cnumc 1.85 mi land north on C R 3.96 mi um ri ht n cm Ln 6.4 ad LIULAMUd at 7170 QEgButo nGent Ln FEED ZONE/BATHROOM 8.38 mi 0.81 ad a h o a vc 5.41 ad Continue onto E CR 6840 7.85 mi JLrajdLgWq Co Rd 34001 FM 400 8.49 ad TuntrightortlatECR3523 FEED ZONE / BATHROOM 2.65 mi Tom debt onto County Rd 3000/fmm-W-hjALkjLRdj2Zn .7 ad EW n lift sla.-E LIMh-St 9.56 nd Continue onto Spruce Ave. 9.13 ad Tom Left onto Idalou Rd toward Canyon Lake Dr. 9.4 mi rum right anlo Canyon Lake Dr. 9.94 ad Head northwest on Craven Lake Or uuotd Cesar E. Choy,, Dr/ M. Kem.ic Park Rd/Park Rd 18 0.16 on rum right onto Cesar E. C'haecz DO ,SIacKnaie RuRd/Park Rd 18 0.88 mi rum 1 d onm Cesar E. ('hesvz Or/ f,'FecKcn,m ParkRd/Park LontinuconCeasarE h vz Or Continue onto Ave J 1.11 mi 2.03 ad r.. left unto l st Pluee um right onto Buddy Holly Avc- Continue onto Texas Ave um right onto 4th SU Follow 4th st, to on ramp for M S F Follow on mmp to MSF / and immediate University Ave Ext 5.62 ad rum Left onto University Dr. 5.95 an &adlu�=Uniwisity Ave toward 8th St/ 5.96.ad karatright onto 8th SU GlennaG odaee BlvdWolk urbic cle 6.01 ad INISH 6S oGiZo - 0\ CERTIFICATE OF LIABILITY INSURANCE I oATE tz6lzorz6120 0 I zo THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policylies) must have ADDITIONAL INSURED provl5ions er ba endonad. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endoraemenl. A atalement on Inc. USA Triathlon of Colorado 5825 Delmonico Dr Colorado Springs CO 80919 COVERAGES CERTIFICATE NUMBER: 1539339543 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR1Lm TYPE OF INSURANCE 0 PMICV NVMBER MMIOPOLICY EPE MI pOnYYY LIMITS A X COMMERMLGENER UAMI Y Y IHP1117499 I lV112019 1211G020 EACROCCURRENCE_ $1,OOp000__ CWMSMAOE OOCCUR PAT.iq�ETbAENTE6 PA - _ $1,000,000 X $Eeduded PMLWeIU< M10 ErA An m am) 11,000.000 PERSONAL S AOV INJVRY AGGREGATE LIMIT APPLIES PER $2,000.000 GENT GENERALAGGREQATE POl1CV CI In- LOC I 5 X OTHER'. Evers AUTOMOBILE LMBILRY (EB Be JCUrGLF LIMIT 5 ANY AUTO BODILY INJURY (Par panm) 5 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY tPBleululdBnl) 5 PROPERTY DAMAGE P, tl, $ _ HIRED NON-0WNEO ro AUTOS ONLY AU50NLY 5 A % UMSRELLALMB X OCCUR PHUB702336 12/12019 IVIQ020 EACNOCCURRENCE sloo0V 000 AGGREGATE 510000,000 E.elex Ia CIAIMSJ,IgpE DEO IRETENTIONS 5 WORRERSCOMPENSABON PER OTN� AIIOEMPLOYERS'LMBIIRY YIN�$TATUTE ANYPROPmETORNAf(fNENEXECMVE EL EACH ACCIDENT 5 MRCEBME-ERE%CLUOEW ❑ NIA (Mandanuhnf NH) EL DISEASE -EA EMPLOYE 5 OESLRIPTIONOF OPEMTOrvSIglw, I E405EASE-POLICY LIMIT 5 a Patitlpa,Il Actl4dY I 99062167 1D12m9 1L1/2030 AmMrs MaE1u1 25000 tpT Audit be eNMag it menayea larpulne) VFXICLE$ led le,on OF lies nt spa ifM1 d TnatNSI Coverage applies to the USA Triathlon sanctioned or approved even) spedfied an Nis cedifiwle. Coverage to me USA or d event W The certificate holder is an additional insured, WHEN required by Whiten contract or agreement, but only With reaped to the Operations Of the named Insured, and subject to the provisions and limitations of form PI-AM-002 -Additional Insured -Certificate Holders, but only With respect to the USAT sanctioned or approved event specified On this certificate. The General Liability policy is primary as per Form CG0001 (04113) and the General Liability policy contains Form CG24N (05109): Waiver Of Transfer of Rights of Recovery Against others to US, but only as required by written contract or agreement executed by the named Insured prior to an Occurrence resulting in a See Attached._ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Texas Department of Transportabon PO BOX 771 Lubbock TX 79408 AUMORREOMPRESENTATIVE ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD DSo9 ZO --O l AGENCY CUSTOMER ID: USATRIA-01 LOC a: A ROC ROC oe ADDITIONAL REMARKS SCHEDULE Page 1 of 1 so.cr Insurance Office of America, Inc. RNNED INSURED USA Triathlon of Colorado 5825 Delmonico Dr Colorado Springs CO 80919 xoucr NUMBER CARRIER xac coDE EfFEC1NEDRTE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, 70.3 LUBBOCK -0812812020 rho ACORD name and logo are registered marks of ACORD ()504 Zv -01 PI-AM002 (12/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION II — WHO IS AN INSURED is amended to Include any Certificate Holder, identified as an additional Insured, on a Certificate of Insurance issued by Philadelphia Indemnity Insurance Company or our authorized representative, but only for liability arising out of the negligence of the named Insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are inclusive of and not In addition to the limits of Insurance shown in the declarations. Page 1 of 1 bsoa zo-ot POLICY NUMBER: PHPK2067499 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzation(s): As required by written contract executed by the named insured prior to an occurrence resuilting in a loss or claim A. Section II - Who Is An Insured Is amended to Include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or 'personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 OSo9Zo-ol POLICY NUMBER: PHPK2067499 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract executed by the named insured prior to an occurrence resulting in a loss or claim Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the 'products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 13 0,T09 2,0-0\ PI-GL-005 (07112) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 12/01/2017 Name of Person or Organization (Additional Insured): As required by written contract executed by the named Insured prior to an occurrence resulting In a loss or claim. SECTION II —WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of or relating to your negligence in the performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resultlng from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or "occurrence" we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. �►r �Tyof Lubbock t[Md IN -KIND SERVICES AGREEMENT This Agreement is entered this 27`" day of May 2020, between the City of Lubbock, Texas, (City) and BSLT Triathlon, Inc. (Event Organizer). I1 ;7.111 0101.1 The parties to this agreement are as follows: BSLT Triathlon, Inc. IRONMAN 70.3 Lubbock Mike Greer, President 36 East Lakeshore Dr. Ransom Canyon, Texas 79366 2. PURPOSE City of Lubbock W. Jarrett Atkinson, City Manager 1314 Ave K Lubbock, Texas 79401 806.775.2003 Tel. 806.765.3924 Fax It is the policy of the City to encourage and assist various civic, charitable, service, and special interest organizations in the development of special events that contribute to the community. The City seeks to enter into this agreement in order to maximize community resources such as leadership, instruction, facilities, and/or equipment by providing in -kind services to the community. This agreement sets forth the terms and conditions for in -kind services in which the City provides specified services as per the Special Event City Sponsorship Application process in order to assist the Event Organizer with a special event or a community event. 3. EFFECTIVE DATE AND TERMINATION The effective date of this agreement is May 27, 2020. This agreement will terminate on June 30, 2020, unless terminated earlier in writing by any of the parties thirty (30) days prior to the date of termination. 4. NAME AND PLACE OF THE SPECIAL OR COMMUNITY EVENT The special or community event to be covered by this agreement shall be named IRONMAN 70.3 Lubbock and shall take place at Canyon Lake No. 6 (Dunbar Lake) and on other City of Lubbock streets (refer to permits) on June 28, 2020. Page 1 of 5 5. TERMS AND CONDITIONS This agreement will be entered into by the City and BSLT Triathlon, Inc., and is subject to, and will incorporate, the provisions attached hereto and any amendments to this agreement, mutually agreed to, in writing. (A) CITY RESPONSIBILITIES The following is a non-exclusive list of services the City intends to provide in support of the Event: 1. Necessary security and Emergency Medical Services; 2. Necessary traffic control; 3. Citibus transportation; 4. Access to Canyon Lake No. 6 (Dunbar Lake); 5. Other necessary personnel and materials as agreed upon; 6. Assistance in Event promotion, including social media promotion; 7. The City shall designate Canyon Lake No. 6 (Dunbar Lake) as required by City of Lubbock Ordinance Section 16.01.004(3) to allow for the Event; and 8. The City shall permit and allow boats, rafts, or other watercrafts necessary for the Event as required by City of Lubbock Ordinance Section 16.01.004(2) and designate Canyon Lake No. 6 (Dunbar Lake) accordingly. (B) EVENT ORGANIZER RESPONSIBILITIES The following is a non-exclusive list of services BSLT intends to provide in support of the Event: 1. All necessary Event planning, production and management; 2. Booking and coordination of Event participants and volunteers; 3. All necessary Event related equipment and personnel to operate said equipment; 4. Provide proof of insurance in a form and amount approved by the City, naming the City as an additional insured; and 5. Coordination with Texas Tech University and other necessary law enforcement agencies. 6. REIMBURSEMENT The services provided by the City are valued at the total amount of $39,850. The City shall contribute $19,925 as In -Kind services. BSLT shall reimburse the City $19,925 for the services provided within thirty (30) days of the Event completion. Services requested by BSLT above $39,850 shall be reimbursed by BSLT within thirty (30) days of the Event completion. 7. MISCELLANEOUS TERMS Page 2 of 5 (A) INSURANCE Event Organizer shall obtain general liability insurance with a combined single limit of a minimum of one million dollars ($1,000,000.00) each occurrence and in the aggregate and shall include the following: • Bodily Injury and Property Damage • Broad Form Contractual Liability • Personal Injury and Advertising Injury • Fire Legal Liability Event Organizer's general liability insurance policy through policy endorsement must include wording which states that the policy shall be primary and non-contributory with respect to any insurance carried by City of Lubbock. Furthermore, the Event Organizer's policy through policy endorsement must include wording which states that the policy shall provide a waiver of subrogation in favor of the City of Lubbock. All policy endorsements must be attached to the certificate of insurance and must be presented to the City of Lubbock before the event occurs. (B) WARRANTIES AND REPRESENTATIONS BSLT represents and warrants to the City that it has made an independent inspection and evaluation of Canyon Lake No. 6 (Dunbar Lake) and any other City property to be utilized during the Event ("Property"), and acknowledges that City has made no statements or representations concerning the present or future condition of the Property, including the environmental condition of the Property. FURTHER, THE CITY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO THE, QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF CANYON LAKE NO. 6 (DUNBAR LAKE) OR THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER CANYON LAKE NO.6 (DUNBAR LAKE) THE PROPERTY AND/OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, OR FITNESS FOR THE PURPOSES OF THE EVENT OF CANYON LAKE NO.6 (DUNBAR LAKE) OR ANY OF THE PROPERTY. (C) INDEMNIFICATION EVENT ORGANIZER HEREBY AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST LIABILITY FOR ANY AND ALL CLAIMS, DEMANDS, SUITS, ACTIONS, RECOVERIES, JUDGMENTS, LOSSES OR COSTS, INCLUDING COURT COSTS, ATTORNEYS FEES, MEDIATION FEES, ARISING FROM THE ACTS AND OMISSIONS, OR NEGLIGENCE OF THE EVENT ORGANIZER IN CONNECTION WITH THIS CONTRACT THAT RESULT IN THE LOSS, Page 3 of 5 EXPENSE, DAMAGE, ILLNESS, BODILY INJURY, DEATH, PROPERTY DAMAGE OR LOSS OF PROPERTY TO THIRD PARTIES OR EMPLOYEES OF THE EVENT ORGANIZER WHO SUPPLY WORK, SERVICE, MATERIALS OR SUPPLIES TO THE CITY IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. THE EVENT ORGANIZER MUST AT ALL TIMES EXERCISE REASONABLE PRECAUTIONS ON BEHALF OF, AND BE SOLELY RESPONSIBLE FOR, THE SAFETY OF ITS OFFICERS, AGENTS, EMPLOYEES, SUB -CONTRACTORS, LICENSEES, INVITEES, AND OTHER PERSONS, AS WELL AS THEIR PROPERTY, WHILE IN THE VICINITY WHERE THE EVENT IS BEING HELD. THE CITY IS NOT LIABLE OR RESPONSIBLE FOR THE NEGLIGENCE OR INTENTIONAL ACTS OR OMISSION OF THE EVENT ORGANIZER, ITS OFFICERS, AGENTS, EMPLOYEES, SUB -CONTRACTORS, LICENSEES, INVITEES, AND OTHER PERSONS. THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT THE CITY IS NOT OBLIGATED OR LIABLE UNDER THIS AGREEMENT TO ANY PARTY OTHER THAN THE EVENT ORGANIZER. (D) NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. (E) VENUE AND APPLICABLE LAW This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or regulations of the United States of America, the State of Texas and the Parties, and any other regulatory body having jurisdiction. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. (F) PUBLIC INFORMATION This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et seq., as amended (the "Texas Public Information Act") the same shall be of no force and effect. (G) NO THIRD -PARTY BENEFICIARIES Page 4 of 5 This Agreement is entered solely by and between, and may be enforced only by and among the Parties. Except as set forth above, this Agreement shall not be deemed to create any rights in or obligations to any third parties. (H) NO PERSONAL LIABILITY Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer, or agent of any public body that may be a party to this Agreement. (I) NO JOINT ENTERPRISE This Agreement is not intended to, and shall not be construed to create any joint enterprise between or among the parties. (J) SOVEREIGN IMMUNITY ACKNOWLEDGED AND RETAINED THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE PARTIES RETAIN ALL GOVERNMENTAL IMMUNITIES. IN WITNESS HEREOF the parties have executed this Agreement. For the City of Lubbock, Texas For the Organization/Event Marta IMvarez, Director 1 e Greer Purchasing and Contract Management President, BSLT Triathlon, Inc. Approved as to Content: W. J tt Atkinson, City Manager Approved as to Form: an roo ssistant City Attorney Page 5 of 5