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HomeMy WebLinkAboutContract 34257CITY SECRETARy31&r7 CONTRACT ►gyp 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, acting through its duly authorized officials, hereinafter called the "City". WITNESSETH WHEREAS, the State owns and maintains a system of highways, including Spur 580 in Tarrant County, Texas for public use and benefit; and WHEREAS, the State has committed to provide landscape improvements, including but not limited to, tree and shrub plantings, paving improvements, and an irrigation system, to be provided through State projects performed through State contract for the areas along Spur 580 (Camp Bowie West) between Loop 820 (Mile Marker 610) and Alta Mere Drive (0.3 mile east of Mile Marker 62) shown as EXHIBIT 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 of 6 AGREEMENT ARTICLE 1. 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. ARTICLE 2. Term of Agreement 2.1 This Agreement becomes effective when signed by both 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 responsibility 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 be 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 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: 1. Construct the landscape improvements in accordance with the approved design construction plans and specifications through a contract with a State selected contractor. Contractor selection shall 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 minimum 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 by the City. 2 of 6 '�A� 3. Cooperate with the City to determine requirements for barricades, signs, and traffic handling devices to be used by the City during the maintenance activities. 4. Upon completion and acceptance of each project by the State, the State shall immediately 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 by the State that the City has the sole responsibility for maintenance of the improvements: 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 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 medians. 3. Irrigation System Operation and Maintenance: The irrigation system shall be operated sufficiently to ensure the application of a minimum of one inch of water per week in the growing season to all plant materials. Maintenance of the drip irrigation system shall include furnishing materials and repair as may be necessary. The City shall be responsible for furnishing the water at its own cost. 4. Traffic Control/Safety: 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 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. 3 of 6 P ARTICLE 6: Disputes 6.01 Should disputes arise as to either party's obligations under this Agreement, such disputes shall be settled in accordance with Texas Administrative Code, Title 43, Part 1, Chapter 1, Subchapter E, Rule 1.21 et. Seq. and Chapter 9, subchapter A, Rule 9.2 et. Seq. ARTICLE 7: Successors and Assigns 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 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 attaching the required documentation the Agreement and labeling EXHIBIT B. 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-insurance to the State for any and all damages and injuries arising from the City's performance under this Agreement. 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 B. 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 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 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 State 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 11: Severability 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: Immunity 12.01 It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived 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 14: 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 all 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 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: 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 counterparts of the Agreement. T4CITOF FORT WORTH Bis Assistant City Manager Date: /0 • Z - C�& Approved as to Form and Legality: f 5Y/4- I 'h vgl m&- A sistant City ttorney Attested By: i�[art411dr ix City Secretary Con act Authorization Date 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 Trans o ti 7j,, 77- �n. By: � -4? C Maribel P. Chavez, P.E. District Engineer Fort Worth District Texas Department of Transportation Date: / ° �+ 6 of 6 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/12/2006 DATE: Tuesday, September 12, 2006 LOG NAME: 80CAMPBOWIEPID REFERENCE NO.: C-21681 SUBJECT: Authorization to Enter into a Landscape Maintenance Agreement with Texas Department of Transportation for Improvements to Camp Bowie West RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a Landscape Maintenance Agreement with Texas Department of Transportation for improvements to Camp Bowie West. DISCUSSION: Texas Department of Transportation (TxDOT) has funds available to make landscape improvements to various State highways. Camp Bowie West (Spur 580) between Alta Mere Drive (SH 183) and Loop 820 West was selected to receive funds, not to exceed $500,000 for improvements. The improvements consist of colored stamped concrete curbs, mow strips and median caps. The median caps will be beveled to meet pavement. Native, drought -tolerant vegetation will be planted within the medians and the planting beds will be covered with hardwood mulch. The State has agreed to construct the landscape improvements in accordance with the approved design construction plans and specifications through a contract with a State selected contractor. Selection of the contractor shall be in accordance with the State's low -bid procedure. The State will maintain the plant material to insure its viability, maintain the planting beds with a minimum of three inches of mulch, and operate the irrigation system to ensure sufficient delivery of water to the landscape improvements until assumption of the maintenance responsibilities by the City. The State and the City will determine requirements for barricades, signs and traffic handling devices to be used by the City during the maintenance activities. The Parks and Community Services Department will provide the maintenance in accordance with our current standard of median maintenance. This area is being maintained by contract mowing on a 14-day cycle. Currently there are no improvements to the medians in this area. The improvements may reduce the amount of maintenance required on these medians. Historic Camp Bowie, Inc., has agreed to pay for the costs of the water need to provide the irrigation required for establishment of these improvements. Parks and Community Sevices Department (PACSD) will enter into an Adopt -a -Park agreement with Historic Camp Bowie, Inc., for the irrigation and irrigation maintenance. At their July 26, 2006 meeting, the Parks and Community Services Advisory Board endorsed the donation of the improvements by the Texas Department of Transportation. This project is located in COUNCIL DISTRICT 3. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1 / 16/2007 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current budget, as appropriated, of the General Fund for the maintenance of this area. Improvements are not anticipated to increase the cost of the maintenance. TO Fund/Account/Centers Submitted for Citv Manaaer's Office bv: Oriainatina Deoartment Head: Additional Information Contact: FROM Fund/Account/Centers GG01 539120 0807041 $0.00 Libby Watson (6183) Randle Harwood (Acting) (5704) Sandra Youngblood (5755) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/16/2007