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LANDSCAPE MAINTENANCE AGREEMENT
ON STATE OWNED RIGHT-OF-WAY
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
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 Fort Worth, 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
"City".
WITNESSETH
WHEREAS, the State owns and mainta.ins a system of highways, including Interstate 30 and
U.S. Highway 377 in Tarrant County, Texas for public use and benefit; and
WHEREAS, the State has agreed to allow landscape improvements, including but not limited to,
tree plantings, watering, and mowing to be provided by the City for the areas along U.S.
Highway 377 (Camp Bowie Blvd) at Interstate 30; and
W�IEREAS, the City has agreed to mainta.in the landscape improvements within those portions
of the right-of-way as described above and detailed in Article 4; and
WI�EREAS, 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 sta.te agencies regarding governmental functions and services as set forth in the
Act; and
W�IEREAS, landscape maintenance and highway maintenance are governmental functions
which serve the public health and welfare and in which both Sta.te 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 Ciry do mutually agree as follows:
AGREEMENT
ARTICLE l. Parties
1.1 When used herein, the term "State" and the term "City" shall include officers,
agents, employees, successors, and assigns of each of the parties respectively.
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ARTICLE 2. Term of Agreement
2.1 This Agreement becomes effective when signed by both the City and finally the
State.
ARTICLE 3. Amendments
3.1 Changes in time frame, character, cost, or obligations herein shall be enacted by
written amendment. All amendments to this Agreement must be executed by both parties within
the period specified in Article 2.
ARTICLE 4. Responsibilities of the Parties
A. The State agrees to:
Allow the City to plant and maintain trees and grass areas.
2. Cooperate with the City to determine requirements for barricades, signs;
and traffic handling devices to be used by the City during the maintenance
activities.
B. The City agrees to perform the following landscape maintenance functions:
1. Plant Maintenance: All possible and reasonable means shall be
employed to preserve the plant material in healthy and vigorous growing
condition. Plant maintenance shall include proper pruning, fertilization,
mulching, plant basin maintenance, and plant replacement as may be required.
2. Mowing and Trimming: Mowing andlor 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-ways.
The City shall be responsible for furnishing the water at its own cost.
4. Tr�c ControUSafety: The City shall furnish, erect, and maintain any
barricades, signs, and traffic handling 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, servant, or employee of the other party; that each shall have
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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, subcontractors, and 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 paxty's obligations under this Agreement, such
disputes shall be settled in accordance with Texas Administrative Code, Title 43, Part l, Chapter
1, Subchapter E, Rule 1.21 et. Seq. and Chapter 9, subchapter A, Rule 9.2 et. Seq.
ARTICLE 7: Successors and Assi�ns
7.01 The State and the City shall not assign or otherwise transfer its rights and
obligations under this agreement 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 geounds 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
furn.ish the State with the required insurance documentation by attaching the required
documentation the Agreement and labeling EXHIBIT A.
9.02 If the City is a self-insured entity and performs any work on the highway right-of-
way with City forces, the City shall extend the protection of its self-insurauce to the Sta.te for any
and all damages and injuries arising from the City's performance under this Agreement.
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9.03 If the City is not a self-insured 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 A.
9.04 If the City performs any work on the highway right-of-way through a contractor
or contractors selected through the City's low-bid procedure, the City sha11 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 policy 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 business with the Sta.te under this contract. The only exceptions
allowed are ordinary business lunches and items that have received advanced written approval of
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 not 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 termination of this
Agreement.
ARTICLE 1 l: Severabilitv
11.01 In the event that any portion of this Agreement shall be found to be 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: Immunitv
12.01 It is expressly understood and agreed that, in the eYecution of this Agreement,
neither party waives, nor shall be deemed hereby to have wa.ived any immunity 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 Agreement shall not create any rights in
parties not signatories hereto.
ARTICLE 13: Indemnification
A. Each party does hereby agree to:
1. Indemnify and save harmless the other party and its respective officials,
officers, agents, and employees from all suites, actions, or claims and from a11
liability and damages for any and all injuries or damages sustained by any person, or
by any abutting, adjoining, or other property in consequence of any neglect in the
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performance, or failure of performance of the party, its agents and employees under
this Agreement, to the extent allowed by State Law.
2. Indemnify, defend, and hold the State harmless 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 upon all
such claims and lawsuits and pay all costs and expenses incidental thereto to this
Agreement, but the State shall have the right, at it's option and expense, to participate
in the defense of any suit, without relieving the City of any obligation hereunder.
The State acknowledges that the City will not create a sinking fund to meet any
obligation under this Agreement.
ARTICLE 14: Authoritv
14.01 The undersigned officer andlor 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 WI�EREOF; the State and the City have signed duplicate counterpa.rts of the
Agreement.
THE CITY OF FORT WORTH
, � _ -��_
By: i' � �-` �� .,� -
Libby Watson
Assistant City Manager
Date: �� � v� �=�
Approved as to Forr� an�g jli�y:
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Assistant City Att
THE STATE OF TEXAS
Certified as being executed for the purpose
and effect of activating and/or carrying out
the orders, established policies , or work
programs heretofore approved by the Texas
Transporta ' n o is iq�.
� /
By: ` `�
Maribel P. Chavez, P.E.
District Engineer
Fort Worth District
Texas Department of Transportation
ATTEST
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� Date:
,
City Secretary
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Form 1560-CSS
,�EXHIBIT A ProfessioRelvs ed'Daten(9/2006)
,°" A�'<<m
Previous editions of this forrl� may not be used.
Page 1 of 2
i�xas Departm�nt of Tr�nsport�tion (TxDOT)
C��iI�IC,4Y� O� IN�URANCE
Prior to the beginning of work, the Contractor shall obtain the minimum insurance and endorsements specified. Only the TxDOT certificate of insurance form is
acceptable as proof of insurance for department contracts. Agents should complete the form providing all requested information then either fax or mail this form
directly to the address listed on page two of this fomi. Copies of endorsements listed below are not required as attachments to this certifcate.
Insured:
StreeUMailing Address:
City/State/Zip:
�hon� N�miber: Area Cod� ( ) V�ndor ldentifcation Numb�r (11 digits):
Workers' Compensation Insurance Coverage:
�ndorsed with a Waiv�r of Subroaation in favor of �'xD0`�.
Carrier Name:
Address:
Tvne of Insurance
Workers' Gompensation
Pol
�ffective
�omprehensive General Liability Insurance:
�ndorsed with YxDOI as Additional Insured and with a Waiv�r of Sub
Carrier Name:
Address:
Type of Insurance
Comprehensive General
Liability Insurance
Bodily Injury
Property Damage
OR
Commercial General
Liabilitv Insurance
Policy Number: � �ffective Date
Compreh�nsive Automobile �iability Insurance:
�ndors�d with �x�0i as Additional Ins�ir�d and with a Waiv�r of
Carrrier Name:
Address:
�ype of Insu�ance
Comprehensive Automobile
Liability Insurance OR Texas
Business Automobile Policy
Bodily Injury
Property Damage
Umbrella �olicV (�f applicable):
Carri@r Name:
Addre��:
Type of Insurance:
Umbrella Policy
icy Number:
Policy Number:
�ffective date:
�uthorized Ag�nt nam�, �ddr��� �nd zip �nd�:
Date:
Carrier Phone #;
City, Siate, ziq:
�xpiration Date
on in favor of ix�0�.
Carrier Phone #:
City, State, �ip:
�xpiration Date:
ation in favor of Yx�01 .
Carrier Phone #:
City, State, zip:
�xpiration nate:
Carri@r Phon� #:
City, State, Zip:
�xpiration Date
�irriits of �ia
Not Less Than: Statutory — Texas
�.irnits of �iability:
Not Less Than:
$ 500,000 each occurrence
$ 100,000 each occurrence
$ 100,000 for aggregate
OF�
� 600.000 combined single limit
Limits of Liability:
Not Less Than:
� �50,000 each person
�v 500,000 each occurrence
5 100,000 each occurrence
�imits of Liability;
This Certificate of Insurance neither affrmatively nor negatively amends, extends, or alters the coverage afforded by the above insurance policies issued by the
named insurance company Cancella[ion of the insurance policies shall not be made until THIRTY DAYS AFTER the agent or the insurance company has sent
written notice by certifed mail to the contractor and the Texas Department of Transportation.
THIS IS TO CERTIFY to the Texas Department of Transportation acting on behaif of the State of Texas that the insurance policies named meet all the
requirements stipulated and such �olicies are in full force and effect. !f this (orm is sent by facsimile machine (fax), the sender aUo��ts the docurnent received by
TxDOT as a duplicate oriyinal and adopts the siynature produced by the receiving fax machine as the sender's oriyinal signature.
The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed
about the information that we coliect about you. Under sections 555.021 and 553.023 of the Texas Govemment Code, you also are entitled to receiye ��d��Yi.�� -
the information. Under section 559.004 of the Govemment Code, you are also entitled to have us correct informatipn about you that is inc�irre�t ,` i,,, , � �: �� �,
Area Code ( ) ��j ,, � �' �� �:�,�,,i �
' � ,. � � ,� ��i
Authori��d Agent's Phone Number Authori�ed Agent Original Signature ? Da#@�' [� �I �'�
„ : -,����, ����
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EXHIBIT A
Yexa� �epartment of `�ransportation
NOi�S �O AG�Mi'S:
Form 1560-CSS
Professional Provider Insuranee
Revised Date (9/2006)
Page 2 of 2
Agents must provide all requ�sted information th�n eith�r fax or mail this form directly to th� addr�ss list�d below.
Pr�-print�d limits are th� minimum r�quired, if higher limits ar� provided by the policy, ent�r th� high�r limit amount
and strike-through or cross out the pre�printed limit.
To avoid work susp@nsion, an updated insurance form must reach the adciress listed below on� business day
prior to the expiration date. Insurance must be in force in drder to perform any work.
�inder numb�rs ar@ not acceptabl� for policy numbers.
The certificate of insurance, once on file with the department, is adequate for subsequent department contracts
provided adequate coverage is still in effect. Do not refer to specific projects/contracts on this form.
The TxDOT certificate of insurance form is the only acceptable proof of insurance for department contracts.
List the contractor's legal company name, including the D�,A (doing business as) name �s the insured. If a staff
leasing service company is providing insuranc�, th� contractor's I�gal company name must b� listed first, then in
p�r�nthesis, id�ntify th� staff leasing s�rvice company name (i,e, A�C �ngineering, Inc (XY� Staff 4�I, Inc —
�t�ff I���ing servic� c�mp�ny)). Denote contact information (i.e. addr�ss, phone number, and etc.) for the
insured contractor only; do not list the contact information for �ither the staff leasing comp�ny or the insurance
com�any in these fields. Vendor ld@ntification Number is 11 digits which includes your nine digits F�IN (�ederal
Id�ntification Number).
Over-stamping and/or over�typing entries on the certificate of insur�nce are not acceptable if such entries change
the provisions of the certificat� in any manner.
This form may be r�produc�d. ihe SI�NATUR� of th� agent is r�quired. Stamped/typed/printed signatur�s ar� not
acc�ptable.
C��1"I�ICAY� O� INSURANC� ��C�UIF2�NI�NiS:
WORK�RS' ��MPENS�TION INSU�ANC�:
The contractr�r is required to have Workers' Compensation Insurance if the contractor has any employees including
r�lativ�s.
The word STATUTORY, und�r limits of liability, means that the insurer would pay ben�fits allow�d und�r the Tex�s
Workers' Compensation Law.
GR�UP H�ALTH or ACCIDEN�' INSU�NC� is not an acceptable substitute for Workers' Compensation.
C�fVII���Fi�NSIV� G�N��AI� LIA�II�I�'Y INSURANC� or CO�IIIVI��CI�L C�N�f�AL I�IA�ILIiY INSU��NC�:
If cov�rag�s are sp�cified separately, they must b� at least these amounts:
�odily Injury $500,000 each occurrence
Property D�mage �100,000 each occurrence
$100,000 for aggregates
MANU�ACiUf���S' or CONTF�ACTOR LIA�ILITY INSURANCE is not an acceptable substitute for Comprehensive
General �iability Insurance or Commerci�l Gener�l Li�bility Insurance.
CBMPR�I��NSIV� �,UTOA�O�IL� LIABILIiY INSIJRANC� or "f�X,�S �USIN�SS AUTOMO�IL� �OLICY:
The coverage amount for a iexas �usiness Autamobile F'olicy or Comprehensive Automobile Liability may be
shown as a minimum of $600,000 Combin�d Singl� Limit by a typ�d or print�d entry and deletion of th� sp�cifc
amounts listed for Bodily Injury and Property Damage.
BASIC AUTOMOBIL� LIAE3ILITY INSURANCE is not an acceptable substitute for Comprehensive Automobile
Liability Insurance or T�xas Business Automobile Policy.
MA,IL ALL C�RTIFICAiES TO:
i�xas D�partment of iransportation
Office of General Counsel � Contr�ct Services Section (CSS)
125 E. 11 th St.
Austin, TX �8�01-2483
512-374-5120 (V) 512-374-51 �1 (�)