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LANDSCAPE MAINTENANCE AGREEMENT
ON STATE OWNED RIGHT—OF-WAY
THE STATE OF TEXAS §
COUNTY OF TRAVIS �
THIS AGREEMENT is made Uy and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the "State", and a home rule municipal
corporation of the State of Texas located within Tarrant, Denton, Parker, and Wise Counties,
Texas, acting through its duly authorized officials, hereinafter called the "Ciiy".
WITNESSETH
WHEREAS, the State owns and maintains a system of highways, including SH 183 in Tarrant
County, Texas for public use and benefit; and
WHEREAS, the State has committed to provide landscape improvements, specifically shrub
plantings, to be provided tYuough State projects performed through State contract for the areas
along SH 183 (Northeast 28`�' Street) between Jacksboro Highway (SH 199) and the North
Freeway (IH 35W) shown as EXHIBTT A; and
WHEREAS, the City has agreed to maintain the landscape improvements within those portions
of the right-of-way as described above and detailed in Article 4; and
WHEREAS, the City shall be responsible for all maintenance of the landscape improvements
upon completion of each segment of the landscape development projects; and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended
(the Act) provides authority for local governments of the state of Texas to enter into Interlocal
agreements with state agencies regarding governmental functions and services as set forth in the
Act; and
WHEREAS, landscape maintenance and highway maintenance are governmental functions
which serve the public health and welfare and in which both State and City are mutually
interested.
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto be by them respectively kept and performed as hereinafter set
forth, the State and the City do mutually agree as follows:
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AGREEMENT
ARTICLE l. Parties
l.l When used herein, the term "State" and the term "City" shall include officers,
agents, employees, successors, and assigns of each of the parties respectively.
ARTICLE 2. Term of Agreenlent
2.1 This Agreement becomes effective when signed by Uoth the City and finally the
State. The term of this Agreement shall begin upon the completion and acceptance of the
landscape development project and continue through the lifetime of the project.
2.2 The City maintenance responsibiliry shall begin upon satisfactory completion of
the landscape development project described herein, and the State's acceptance of the project.
The City's designated representative shall Ue invited to be present for the project acceptance
inspection, both at completion of the plantings and at the end of the 90-day warranty period. At
each of these inspections, the City may provide the State a list of its project concerns
(discrepancies, deficiencies, and/or omissions), and the State will, within the provisions and
specifications of its construction contract, require the State's contractor to adhere to those
provisions and specifications.
ARTICLE 3. Amendments
3.1 Changes in time frame, character, cost, or obligations herein shall be enacted by
written amendment. All amendments to this Agreeinent must be executed by both parties within
the period specified in Article 2.
ARTICLE 4. Responsibilities of the Parties
A. The State agrees to:
l. Construct the landscape improvements in accordance with the approved
design construction plans and specifications through a contract with a State
selected contractor. Contractor selection sh111 be in accordance with the State's
low-bid procedure.
2. Sufficiently maintain the plant material to insure its viability, maintain the
planting beds with a miniinum of three inches of mulch, and operate the irrigation
system to ensure sufficient delivery of water to the landscape improvements until
final acceptance by the State and the assumption of the maintenance
responsibilities Uy the City.
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3. Cooperate with the City to determine requirements for barricades, signs,
and traffic handling devices to be used by the City during the maintenance
aciivities.
4. Upon completion and acceptance of each project by the State, the State
shall in�unediately notify the City in writing that the maintenance requirements of
the landscape improvements will be the sole responsibility of the City and shall
include the items shown in Section 4B below.
B. The City agrees to perform the following landscape maintenance functions for the
improvements upon written notification Uy the State that the City has the sole
responsibility for maintenance of the improvements:
1. Plant Maintenance: All possible �lnd reasonable means shall be
employed to preserve the plant material in healthy and vi�orous growing
condition. Plant maintenance shall iiiclude proper pruning, fertilization,
mulching, plant basin maintenance, and plant replacement as may be required.
2. Traffic ControUSafety: The City shall furnish, erect, and maintain any
barricades, signs, and traffic haiidling devices, in accordance with the latest
Manual on Uniform Traffic Control Devices, and to the satisfaction of the State,
as may be required to protect the safety of the traveling public while performing
any work on the highway right-of-way under this Agreement.
ARTICLE 5: Independence of the Parties
5.01 The parties hereto covenant and agree that each such party is an independent
contractor and not an officer, agent, servint, or einployee of the other party; that each shall have
exclusive control of and exclusive right to control the details of the portion of work that each
such party is performing hereunder and all persons performing same on behalf of each party
respectively, and that each party is responsible for the acts and omissions of its respective
officers, agents, employees, contractors, suUcontractors, �tnd consultants, and nothing herein shall
be construed as creating a partnership or joint enterprise between City and State.
ARTICLE 6: Disputes
6.01 Should disputes arise as to either party's oUligations under this Agreement, such
disputes shall be settled in accordance with Texas Administrative Code, Title 43, Part 1, Chapter
1, Subchapter E, Rule L21 et. Seq. and Chapter 9, subchapter A, Rule 9.2 et. Seq.
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ARTICLE 7: Successors and Assigns
7.01 The State and the City shall not assign or otherwise transfer its rights and
obligations under this lgreement except with prior written consent of the other party, and any
prohibited assignment or transfer shall be null and void.
ARTICLE 8: Termination and Remedies
8.01 It is understood and agreed between the parties hereto that should either party fail
to properly fulfill its obligations as herein outlined, the other party may terminate this agreement
upon thirty (30) days written notice. This Agreement may be terminated without cause by either
party upon thirty (30) days written notice.
8.02 Violation or breach of contract terms by either party shall be grounds for
termination of the Agreement. Any increase in cost arising from the defaulting party's breach of
contract or violation of terms shall be paid by the defaulting party. This Agreement shall not be
considered as specifying the exclusive remedy for any default, but all remedies existing at law
and in equity may be availed of by either party and shall be cumulative.
ARTICLE 9: Insurance
9.01 At the time of execution (signature) of the Agreement by the City, the City shall
furnish the State with the required insurance documentation by attachiiig the required
documentation the Agreement and labeling EXHIBTT B.
9.02 If the City is a self-insured entity and perforins any work on the highway right-of-
way with City forces, the City shall extend the protection of its self-insurance to the State for any
and all damages and inj uries arising from the City's performance under this Agreement.
9.03 If the City is not a self-ins�u�ed entity and performs any work on the highway
right-of-way with City forces, the City shall furnish the State with a completed Certificate of
Insurance (TXDOT Form 1560), and label such documentation EXHIBIT B.
9.04 If the City performs any work on the highway right-of-way tYv-ough a contractor
or contractors selected through the City's low-Uid procedure, the City shall require its contractor
or contractors to furnish the State with a completed Certificate of Insurance (TxDOT Form 1560)
and shall ensure the contractor or contractors maintain such insurance during the term of the
Agreement.
ARTICLE 10: Gratuities
10.01 Texas Transportation Commission polic�� mandates that employees of the
Department shall not accept any benefits, gifts, or favors from any person doing business or who
reasonably speaking may do Uusiness with the State under this contract. The only exceptions
allowed are ardinary business lunches 1nd items that have received advanced written approval of
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the Texas Department of Transportation Executive Director. Any person doing business with or
who may reasonably speaking do business with the State under this contract may iiot make any
offer of benefits, gifts, or favors to Departmental employees, except as mentioned hereabove.
Failure on the part of the City to adhere to this policy may result in the terinination of this
Agreement.
ARTICLE 11: Severability
11.01 In the event that any portion of this Agreement shall be found to Ue contrary to
law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full
force and effect to the extent possible.
ARTICLE 12: Immunity
12.01 It is expressly understood and a�reed that, in the execution of this Agreement,
neither party waives, nor shall Ue deemed hereby to have ��aived aiiy in�munity or defenses that
would otherwise be available to it against claims arising in the exercise of governmental powers
and functions. By entering into this Agreement, the parties do not create any obligations, express
or implied, other than those set forth herein, and the A�reement shall not create any rights in
parties not signatories hereto.
ARTICLE 13: Indemnification
A. Each party does hereby agree to:
l. Indenulify and save harmless the other party and its respective officials,
officers, agents, and employees from all suites, actions, or claims and from all
liability and damages for any and all injuries or damages sustained Uy any person, or
by any abuttin�, adjoining, or other property in consequence of any neglect in the
performance, or failure of performance of the party, its agents, and employees under
this Agreement, to the extent allowed Uy State Law.
2. I�idemnify, defend, and hold the State harn�less from any and all claims and
lawsuits by third parties arising from, or incident to the performance, or failure of
performance of the City, its officers, employees, or agents under this Agreement to
the extent allowed by State Law. The City shall defend all suits brought upoil all
such claims and l�twsuits and pay all costs and expenses incidental thereto to this
Agreement, b�rt the State shall have the right, at it's option and e�pense, to participate
in the defense of any suit, without relieving the City of any obligation hereunder.
The State ackllowledges that the City will not create a sinking fund to meet any
obligation under this Agreement.
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ARTICLE 14: Authority
14.01 The undersigned officer and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreement on behalf of the
parties hereto.
IN WITNESS WHEREOF; the State and the City have signed duplicate counteiparts of the
Agreement.
THE CITY F FORT WORTH
I
By:
Libby Watson
Assistant City Mana�er
Date: l ' �7 ' a �
Approved as to Form and Legality:
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Assistan ity Attorney �,(,�a ��'�/ $g7
ATTEST
By:
City Secretary
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THE STATE OF T�XAS
Certiiied as bein� executed for the purpose
and effect of activating and/or carrying out
the orders, estaUlished policies , or work
programs heretofore approved by the Texas
Transportatio Comnu si�n.
i
By: ' �' /✓Z�f/�(
Maribel P. Chavez, P.E.
District Engineer
Fort Worth District
Texas Department of Traiisportation
Date: ��ZS/0 %
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December 11, 2006
RE: Request for Proof/Documentation of Insurance
City of Fort Worth's Self-funded Insurance Program
Dear Sir or Madam:
Please accept this correspondence, pursuant to your request for documentation of the
City of Fort Worth's insurance program. The City of Fort Worth is basicaliy a self-funded
governmental 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 benefits are self-funded to a$750,000 retention limit
per incident, over which commercial insurance responds with no upper cap. Employers'
Liability coverage is maintained with a$1,000,000 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)392-7761 or email, sue.haupt@fortworthqov.ora
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,
Sue Haupt
Risk Manager
FINANCE DEPARTMENT
RISK MANAGEMENT DIVISION
THE CITY OF FORT WORTFi * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102
(817) 392-8492 * FAX (817) 392-5874
EXHIBIT B
�ity v� Fort �rth, ��xas
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.�. ._ .1�.. .____ ---.�_- -�-- __£�,�.
COUf�CIL ACTIaN: App��ved on � 2/� 2/2006
�-d_'�.=: ,3P.:L�_L._...�u3�f.v.S �•.S.__-'.�.-'.—Jc=�� . .. __�si-S.:S�..C3�._:. �.-�.� ."_�3:� 9.1 .�..�_. r... c . �..._.'. � -= .,t 1..�.._� �.� _��. _.__.F- __...__ . .._s �...� "dL:
DAT�: fiu�sday, ��c�mb�r 1�, �006
I�OG NA►lill�: 80SH183LAND��AP
I���'����C� ��.: C-2���7
Sl1�J��i:
Authorization to �nter into a Landscape M�intenance Agreem�nfi with ��xas ��partm€nt of
7ranspor�ation for Improv�m�nts to State �lighway 183
,e-_ r.��Y�_��-_: � �,___ -- - . ._.z.�� --., ��.�:� `,�.._.��, _�-� �,.r-.._. __.._ -_-�. .__. ___.�_. �__... � __,
�� �. _._�__ _.... .__ _ _. _ _
��COMM�N��iION:
It is recomm�nded that th� City Council alathori2� th� City n/lan�ger to ent�r into a Landscape Maintenanc�
�greement with Texas ��p�rtment �f Tran�portation f�r imprnv�m�nts to St�t� Highw�y 183.
D15ClJS�ION:
The Texas Department o� Trans�ortation (TxDOT) h�s funds av�ilable to make I�ndscape improvements to
v�rious �t�te highways. Northe�st ��th Street (SH 1�3), betwe�n Jacksbar� Highw�y (SH 199) and tl�e
North �r��way (I�I 35V�, w�s s�l�c��d to r�c�iv� fund� not to �xc��d $100,000.00 for improv�m�nts.
The improvem�nts will consist of inedi�n planting beds with drought�tolerant v�getatian, cnver�d with
hardwood rnulch.
ih� St�t� has �gr��d fo construct th� landsc�p� improv�m�nts in accord�nc� with th� approv�d d��ign,
construction plans, and sp�cifications through a contract with an approv�d State contractor. Selection of
th� contr�ctor shall b� in acc�rd�nc� with th� Stat�'� low bid proc�dures. ih� Stat� will maintain plant
material to insure viability and maintain the plantin� b�ds until the �ssumption of maintenance
responsibilities by the City. The State �nd the City will det�rmine the requir�nl�nts far barric�des, signs,
�nd traffic handling d�vic�s to b� us�d by th� City during th� maint�n�nc� ph�s�.
ih� Parks and Community S�rvic�s D�p�rtm�nt will provid� m�int�nanc� in accord�nc� with our curr�nt
mainten�nce st�nd�rds. �ed maintenance will be performed every 1A� d�ys. The �t�te is requesting a
lett�r of commitm�nt from tf�e City th�t th� medians will be m�intained. Th� City will enter into � interlocal
agr��m�nt with th� Stat� to maint�in improv�ments to Stat� �lighway 1�3.
This proj�ct is locat�d in COUNCIL DISiRICT 2.
�I�C�,� INFORN1�.ilOfV/C���'IFICAiION:
The Finance Director certifies that funds were not budgeted for this expenditure but will be �bsorbed in the
current operating budget, �s �ppropri�ted, of the Gener�l Fund. �unds for the continued maintenance will
be budgeted in the �00�-08 budget.
Lo��nai��e: SOSH1 ��LANDSCAP Pa��� 1 of ?
i0 �und/Acc�unt�Cent�r�
F��� �und/Accdu��l��nters
GG01 539120 08080�1 �323.50
Subrnitted for �ity Manag€r's �f#ic� bv: Libby Waf�on (6183)
Originating 9�partm�nt b�ad:
�ddi�ion�l Information �ontact:
Lo4na�ne: SOSH1 S }LANDSCAP
M�lody Mifich�ll (Acting) (5704)
Mark Woolsey (Acting) (571�)
Pa�e 2 of 2