HomeMy WebLinkAboutContract 36331-A1CSC No. 36331-A1
MUNICIPAL MAINTENANCE AGREEMENT
MOW NG AND LITTER/DEBRIS CLEAN UP AMENDMENT
This AMENDMENT ("Amendment") is made this 1st day of November, 2023, by and
between the Texas Department of Transportation ("State"), and the City of Fort Worth ("City"),
acting by and through its duly authorized Assistant City Manager, hereinafter called the "City".
WITNESSETH
WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion, control,
and jurisdiction over and under the public streets within its corporate limits and authorizes the City
to enter into agreements with the State to fix responsibilities for maintenance, control, supervision,
and regulation of State highways within and through its corporate limits; and
WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to
enter into agreements with cities to fix responsibilities for maintenance, control, supervision, and
regulation of State highways within and through the corporate limits of such cities; and
WHEREAS, the State and the City have entered into a Municipal Maintenance Agreement
("MMA") dated December 14, 2007 (City Secretary Contract No. 36331), the provisions of which
are incorporated herein by reference; and
WHEREAS, the State and City now wish to amend the MMA to further collaborate on
responsibilities concerning selected mowing, debris removal, street sweeping, storm drain inlet
cleaning, and litter clean-up for certain controlled access State highways or highway segments.
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, it is agreed as
follows:
AGREEMENT
Amendment to the Municipal Maintenance Aqreement
This Amendment amends the MMA previously signed between the State and the City. All other
terms, provisions, conditions, covenants and recitals of the MMA not expressly amended herein
shall remain in full force and effect.
Contract Period
This Amendment becomes effective upon the date of final execution by the State, and shall remain
in effect until terminated or modified as hereinafter provided.
Coveraqe
The MMA describes the division of mowing, debris removal, street sweeping, storm drain inlet
OFFICIAL RECORD
MMA MOWING AND CLEAN UP AMENDMENT CITY SECRETARY PAGE 1 OF 3
FT. WORTH, TX
cleaning, and litter clean-up responsibilities between the State and the City:
Twe of Riaht of Wav
1. Non -Controlled Access
(unless otherwise specified
by exhibit A of the MMA)
2. Controlled Access —
between the right- of -way line
and the outermost curb or
crown line of the frontage
roads
3. Controlled Access — within
the outermost curbs of the
frontage roads, or the entire
right-of-way width where no
frontage roads exist
Responsibility (ROW)- Responsibility (Pavement)-
Mowinq/Litter Debris Removal/Sweepinq
City (primary), State (assists) City (primary), State (assists)
State (primary; assists in
undeveloped areas), City
(assists; primary in
undeveloped areas)
State
*Under this Amendment, City
will assist
State
*Under this Amendment, City
will assist
State
*Under this Amendment, City
will assist
This amendment provides for the City to supplement certain of the State's responsibilities as
shown above.
Further Amendments
The State and the City agree that the MMA may be further amended. Such amendments must be
in writing and signed by both the State and the City to be effective.
Citv's Responsibilities
The scope of the City's responsibilities under this Amendment are described in Exhibit A.
State's Responsibilities
The State will use the information provided by the City under Exhibit A in planning and optimizing
the State's activities. Notwithstanding the City's assistance, the State will remain primarily
responsible for the controlled access highway areas assigned to it by the MMA and reflected in
the chart above. To assist the City, at the beginning of each month, the State will provide the City
with a copy of the State's planned work orders for that month. Although the State's planned work
is subject to change, the State will advise the City of any changes to the State's planned work
orders.
Termination
It is understood and agreed by the State and the City that should either party fail to properly fulfill
its obligations as herein outlined, the other party may terminate this Amendment upon thirty days
written notice. Additionally, this Amendment may be terminated by mutual agreement and consent
of both parties.
MMA MOWING AND CLEAN UP AMENDMENT PAGE 2 OF 3
Authoritv
The undersigned certify that they have the proper authority to execute this Amendment and bind
their respective entities.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: Valerie Washington (Nov 1, 2023 15:50 CDT)
Name: Valerie Washington
Title: Assistant City Manager
APPROVAL RECOMMENDED:
By: CMW (NcLjb02313:35 T)
Name: Cody Whittenburg
Title: Interim Director
Environmental Services Department
ATTEST:
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Name: Jannette S. Goodall
Title: City Secretary
STATE OF TEXAS:
David Salazar
BY)avid Salazar (Nov 6, 202314:19 CST)
Name: David Salazar
Title: Fort Worth District Engineer
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By: Laura McClean (Nov 1, 2023 13:26 CDT)
Name: Laura McClean
Title: Contract Compliance Specialist
Environmental Services Department
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Matthew A. Murray
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: Not required
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
MMA MOWING AND CLEAN UP AMENDMENT PAGE 3 OF 3
EXHIBIT A
City's Responsibilities
Monthly Work Schedule. By the 25th of each month, the City shall provide the monthly
work schedule for the next month. For each location, the following shall be included:
a. Name of roadway, direction, start/stop points, and whether it is a frontage road or main
lane
b. Type of work being performed
c. Estimated duration of work
d. Size of crew
e. Contact information for lead worker
2. City shall notify State as soon as possible if the planned schedule changes.
3. Monthly Report. By the 15th of each month, City shall submit the following information
for work completed the previous month:
a. Miles of roadway or greenspace cleaned during the previous month
b. Total number of man hours worked
c. Average pounds of trash and debris collected during the previous month
4. Lane Closure Requirements.
a. Lane closures are permitted only 9am-3pm and 9pm-5am Monday through Saturday.
No lane closures on Sundays without prior TxDOT approval.
b. City must provide at least 5 days advance notice of lane closures to TxDOT and the
traveling public.
c. No lane closures the day before, the day of, or the day after a federal holiday, during
the week of Thanksgiving, or December 23-27.
d. Texas Manual of Uniform Traffic Control Devices must be followed for traffic control
plans (TCPs) and advance notice for all work types. City shall provide TCPs to State
upon request.
5. Workers must have on proper PPE, including hardhat, reflective high visibility safety
clothing, safety glasses, and steel -toed boots.
6. City shall ensure its contractors and subcontractors maintain insurance coverage
acceptable to the State, and shall provide such documentation to the contact designated
below at least annually.
7. Contacts. TxDOT's designated contact for required notices, reports, and insurance
documents, communications regarding work coordination, and other issues arising under
the Amendment is:
Tom Brown
Maintenance Section Supervisor
817-370-6901
tom.brown@txdot.gov
The City's designated contact for issues arising under this Amendment is:
Oneil Johnson
Environmental Services Superintendent
817-271-5576
Oneil.Johnson@fortworthtexas.gov