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HomeMy WebLinkAboutContract 44161 (2)�rxa, Oeperfinenf / hanspwfafbn Form 2043 (Rev. 04/12) Page 1 of 3 CItY SECRETARY CONTRACT NOV LA L, 1 U \ LANDSCAPE MAINTENANCE AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS This AGREEMENT made this 9th day of January , 2013 , by and between the Texas Department of Transportation, hereinafter referred to as the "State," and the City of Fort Worth , Tarrant County, Texas, acting by and through its duly authorized officers, 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 dated December 14, 2007 ,the provisions of which are incorporated herein by reference, and wherein the City has agreed to retain all functions and responsibilities for maintenance and operations which are not specifically described as the responsibility of the department; and WHEREAS, the State has existing and proposed landscape improvements, such as, but not limited to, the installation of tree, shrub, and turf plantings, irrigation systems, and other aesthetic elements for areas within the right of way of state highway routes within the City as shown on Attachment "A"; and WHEREAS, the State will provide such landscape improvements, provided that the City agrees to be responsible for all required maintenance of the landscape improvements. 01-23-"13 Pu3 ppfJCIAL RECORD CITY SECREI"ARY FT. WORTH, TX 02-1 5-1 3 A09 � 55 I N Form 2043 (Rev. 04/12) Page 2 of 3 AGREEMENT 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: Contract Period This Agreement becomes effective upon the date of final execution by the State, and shall remain in effect until terminated or modified as hereinafter provided. Coverage This agreement prescribes the responsibilities of the State and the City relating to the installation and maintenance of landscape elements on non - controlled access state highways, as defined in the Municipal Maintenance Agreement, and described and graphically shown as "State Maintained and Operated" in that agreement. Amendment The parties agree that this agreement may be amended. Such amendments, to be effective, must be in writing and signed by both parties. State's Responsibilities The State shall install landscape elements including but not limited to trees, shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its employees or duly appointed agents. if 'a Responsibilities The City may install landscape elements including but not limited to trees, shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its employees or duly appointed agents. Any installations shall be performed in accordance with Texas Department of Transportation specifications and standards, and must be approved by the State in writing prior to any work being performed. Form 2043 (Rev. 04/12) Page 3 of 3 The City shall maintain all landscape elements within the limits of the right of way including all median and island areas but excluding paved areas intended for vehicular travel. Landscape maintenance shall include but not be limited to plant maintenance, plant replacement, mowing and trimming, hardscape element maintenance, and irrigation system operation and maintenance. All landscape elements must be maintained in a functional and aesthetically pleasing condition. TERMINATION 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 days written notice. Additionally, this agreement may be terminated by mutual agreement and consent of both parties. Should the City terminate this agreement, as prescribed here above, the City shall, at the option of the State, reimburse any reasonable costs incurred by the State. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the ity of Fort Worth on the day of year 2013 , and the Texas Department of Transportation, on the (oTf day of Nf "! lv.' , year 2013 CITY OF Fort Worth By Fernando Costa, Ass't. City Mgr. (Title of Signing Official) THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, and the established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. District Engineer Fort Worth District ROVEDz24S TO FORM AND LEGALITYO RECORD CITY SECRE'i'AR1I' �7'. YYORTH, TX ATTACHMENT "A" To Landscape Maintenance Agreement The City of Fort Worth agrees to maintain aesthetic elements at the intersection %J US 377 (Camp Bowie Blvd) and Westridge Avenue and the intersection of (US 377) Camp Bowie Blvd. and Winthrop Avenue on the (US377) Camp Bowie Blvd. right-of-way. Project (CSJ 0902-48- 582) aesthetic elements on the State's right -of --way to include the following: • 10' wide brick pavers or stamped concrete crosswalk