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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