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HomeMy WebLinkAboutContract 30207 CITY SECRETARY NO . AMENDMENT TO CITY SECRETARY CONTRACT NO. 27303 STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is made and entered into 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 home-rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, acting herein by and through its duly authorized officials, hereinafter called the "City". WITNESSETH : WHEREAS, Chapter 203 of the Texas_Transportation Code empowers the Texas Transportation Commission and TxDOT to lay out, construct, maintain and operate the state highway system in the State of Texas; and WHEREAS, the State owns and maintains a system of highways, including Interstate Highway 30 (IH 30) and Interstate Highway 35W (IH 35W) in Tarrant County, Texas for the public use and benefit; and WHEREAS, on August 16, 1993, the State and the City entered into a Municipal Maintenance Agreement, the same being City of Fort Worth City Secretary Contract Number 19809, which sets out the responsibilities for State and the City for the maintenance of specific state highways within the City; and WHEREAS, on December 17, 2001, the State and the City entered into a Landscape Maintenance Agreement, the same being City of Fort Worth City Secretary Contract Number 27303, whereby the City committed to maintain, mow, and irrigate the landscape improvements provided by the State along IH 30 between Riverside Drive and Forest Park Boulevard and along IH 35W between Spur 280/US-287 and Hattie Street; WHEREAS, the City has encountered large amounts of trash and debris on the unused concrete areas and foundations underneath the structures, and overpasses along IH 30 and IH 35 which are currently under the control of the State; and WHEREAS, the City believes it to be in the public interest to amend City of Fort Worth City Secretary Contract Number 27303 to include IH 35W from 12`h Street to Pharr Street, ending east of IH 35W at Greenway Park Drive and ending west of IH 35W at Gilvin Street. This includes both the IH 35W/US 287 Interchange and the IH 35W/US 121 Interchange; and WHEREAS, Paragraph 12 of General Conditions of City Secretary Contract Number 19809 requires the use of unused right—of—way and areas beneath structures to be determined by a separate agreement; and WHEREAS, the City would like the right, but not the obligation, to provide litter clean-up near and around the concrete areas underneath the bridges along 11-130 and IH 35 whenever the City determines it is necessary and upon approval of the State provide signage affixed to said concrete areas and underpasses stating that the City shall be providing said clean-up of litter; NOW THEREFORE, in consideration of the mutual covenants and agreements of the parties, the State and the City do hereby amend City Secretary Contract Number 27303 as follows: 1 Subparagraph B., Subsection 2., of Article 4 of City Secretary Contract No. 27303 is hereby amended to be and read as follows: 2. Mowing and Trimming: Mowing and/or trimming shall be performed and accomplished in accordance with the maintenance schedule adopted by the City using suitable mowers and/or trimmers in all turf areas within the State right-of-way areas along the following areas: a. IH 30 between Riverside Drive and Forest Park Boulevard. b. IH 35W between Pharr Street and Hattie Street. C. IH 35W from Hattie Street to Pharr Street, ending east of IH 35W at Greenway Park Drive and the North-South Freeway service roads and ending west of IH 35W at Gilvin Street and the North- South Freeway service roads. 2. Article 4 of City Secretary Contract No. 27303 is hereby amended by adding new Paragraph C., which shall be and read as follows: C. The State hereby grants to the City the right, but not the obligation, to enter at its discretion upon the unused rights- of-way and the concrete areas and foundations beneath the structures and underneath the overpasses within any State- owned right-of-way within the incorporated areas of the City of Fort Worth, incorporated into this Amendment, for the purpose of providing litter and debris pick-urallo g these areas. The State also grants the City theQplace signs in these locations for the purpose of ng 2 individuals that the City may be providing trash and debris pick-up in these areas. The signage shall be no larger than 12"x18" in size and the content and placement of the signing must be approved by the State in writing prior to the installation of the signage by the City. The City agrees to remove any or all of the signs placed on state owned property within ten (10) days of receipt of written notice to do so from the State. It is understood and agreed that it is the intention of the parties to provide the City the right, but not the obligation, to enter upon the above-described areas, now controlled by the State, for the purpose of providing litter and debris pick-up. The Parties agree that the State retains all functions and responsibilities for the maintenance, control, supervision and regulation of the described areas and the assistance by the City in the pick-up of litter and debris does not relieve the State of its responsibilities to maintain these areas as described in City Secretary Contract Nos. 19809 and 27303. 3. All other provisions of the Contract and the Exhibits that are not amended herein shall continue in force and effect. 4. 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. (Remainder of page left blank intentionally) '' 3 IAN WITNESS WITNESS WHEREOF, the parties hereto have executed this Agreement this ��I day of �,�,���� , , 2004, in Fort Worth, Tarrant County,Texas. THE C OF FORT WORTH THE STATE OF TEXAS Certified as being executed for the purpose By:' ��L{ and effect of activating and/or carrying out Assistant City"Manager the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission AT T: r �i?r) By: ; e { City Secretary Marib 1 P. Chavez, P.E. District Engineer Approved as to form and legality: David Yett, City Attorney By. "ah�, Assistant ity Attorney contract Authorization Date i i 4