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HomeMy WebLinkAboutContract 35026�irY sEeR�r���,�� d� �=��r�acr rvo � . , 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: /'. � ' ^.� 1 , l 'f,:—' �- .�. .• _. CG" f� ���.' �'v�: y 1: � l; ��✓ ai'J 1 of 6 i�'��e% :"S�I�I��'�i'j�ii VJ C �,;.0 J 1'V'J�.J �� :,`;.:,`�'�;�,�tt� �i�nl -- �o J�: rl�� u��1s 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. 2of6 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. 3 of 6 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 i � � ]�,,, o,,� !'N.�,�, , -� `' f'�'J ��:.� � G��! �t �1i 5 �V �. J ?,: [l� 4 of 6 ' `J,'15,%';�;�''`�i�i��i,�,"Yi 'v��l ���va .�a:' � CI��I' e;:;.�,c1�(f���I ;�U(�i� ��`�i9 � V'' 1- I �Ui .�:I�J:4YL; J���i 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. 5of6 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: < Assistan ity Attorney �,(,�a ��'�/ $g7 ATTEST By: City Secretary . �-�.i � _,, � c;or:�ract Ru�hc���.���ic�t� 1 .J��_I r� ��� _��..:�: a Date 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 % -�.::;>,� �, .22 . . ,: NV��J ���\.`�1JJ^�:� �`�iJ�V�l��it% 6of6 �' ^�^`� �"'t���l '�r��' �91C1�h� o� y v 1 � v 5�;� �,". L', Ui-:;':! J ��: � � s� U: �� , �.','� �� u � �, �"'���,.: N J � w a z d w � � G�r � ,�� ��° `�x � '° ��� �:•�`�' °.ca �'�� �er �e a `re � � °. 6�� ; �� °�✓�s°• °?�.•• ° Fo�' �S�j�§ Q � m _ W J,UI � o� - ' „ o ° � a F-- w 0 c� z � z a J � m � � S � J a � _ o c� =zl � z Q J � �w w � � r�-� J Q w E F- 2 a J d � w � v�i 3 � I ;: I I :: 10 � � a zQ a � H � ~ z a J � a z .a. 0 � >� � z � - z � — � G � J a � � � a J a w � :z � S c -�•.B i .Z � a Z a I— U rZ-� � ~ 6 a a 0 � >a z � _ `� Z Z i = F- J a ¢ w a � � a J a � w � .2 -/'•B 2 � '; ; � __...:.....__..._...........I......' ............. �: ' m � , , . : � o _.;......'\��`.1�.�!i%_ ......:....... u < i w w � _ ....:_<......:..._. —... � � '�ii� �\�� _ _ „ x A ; ' \`�\� � ..�ii� -- � i e E v� � r a _ W a 3 N 3 D - z�n .� r r.� in Z o o � �i� .2 �_ ; � � � � > - 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 ��r d un il C m ic io ��_�����.�___�.��yzz��:���- .e, �,==.�:.�,,.���Y_��r�� -� � .���.. _�n: � - _ - - - .�. ._ .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