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HomeMy WebLinkAboutContract 44531-A1 (2)_ � , • i j - .,� FIRST RENEWAL AND FIRST AMENDMENT ADOPT-A-MEDIAN AGREEMENT FOR MAINTENANCE AND LANDSCAPING SERVICES - RYAN PLACE IMPROVEMENT ASSOCIATION WHEREAS, On March 1, 2011, the City of Fort Worth ("City") and Ryan Place Improvement Association ("RPIA") entered into an Adopt-A-Median Agreement for Maintenance and Landscaping Services for the traffic calming improvements as described therein ("Agreement"); and WHEREAS, the Agreement provided for an inirial two-year term with two (2) oprional two-yeat renewal periods; and WHEREAS, the Agreement's primary term has espired and there remains one (1) two-pear renewal period; and WHEREAS, a painted steel sculpture tided "Elizabeth Light Tower" by artist Alice Bateman was cominissioned b�� the City of Foit Worth through its public art program and it is permanently installed on the traffic circle located at Elizabeth Blvd. and Sth Avenue; and WHEREAS, the City and RPIA also wish to amend the Agreement to allow RPIA to assume additional duties and responsibilities regarding the installation of plants and maintenance thereof for traffic circles on Elizabeth Blvd. at Willing Ave., 5t�' Ave. and Adams Street ("Areas"); and WHEREAS, City agiees to participate on a one-time-basis in an amount of 9 219.00 and shall thereafter have no further maintenance responsibility for the landscaping impYovements for the traffic circles with the exception of maintenance of Elizabeth Light Tower; and WHEREAS, the City and RPIA wish to continue in their relationship by exercising the First Renewal option; NOW, THEREFORE, the City and RPIA acring by and through their duly authorized representatives agree to renew, extend and amend the Agreement as follows: I. That Subsection 2.02 of Section 2, "DUTIES AND RESPONSIBILITIES," of the Adopt-A-Median Agreement is hereby deleted in its entirety and replaced with a new subsection 2.02 to read as follows: 2.02 Plans for all work and planting materials, including futuie or phased 'unprovements, shall be submitted to the City not less than sixty (60) days prior to construction or installarion. Plans shall contain specific plant types and approval of such plant types in regard to location, installation, and maintenance and shall be determined and approved by the City. Within ten business days of the date the City receives plans, the City will either approve the documents or note in writing any required changes or corYecrions that must be made. No �vork shall commence until approval has been granted by the City. Any work by RPIA ps7or to approval by the City may be ordered stopped at the discrerion of the City and subject to removal and replacement by RPIA. Proposed and approved plans for future and phased impLovements shall be identified as consecutive Exhibits and made a part of this Agreement; however, RPIA shall FiLst Rene�val and First Amendment of Adopt-A-Median Agreement �vith Ryan Place Improvement Associauon Page 1 of 3 RECEIV�D eI�1N 1 � ��i� consult �vith arrist Alice Bateman, the Fort Worth Public Art program staff, and the City on appropriate plant materials for the Traffic Circle on Elizabeth Blvd. at 5th Avenue so as to compliment the sculpture and not obstruct its visibility or create maintenance issues for the sculpture and Areas. Notwithstanding, the forgoing, the Ciry or its contractors shall retain the right to enter the Areas for the maintenance of Elizabeth Light Tower. II. That Subsecrion 2.04 of Section 2, "DUTIES AND RESPONSIBILITIES," of the Adopt-A-Median Agreement is hereby deleted in its enrirety and replaced with a new subsection 2.04 to read as follows: 2.04 RPIA represents that it has or will secure, at its own expense, all materials, supplies, machinery, equipment, tools, superintendence, labor, personnel, insurance, and other accessories and services necessary to provide the following improvements to the Areas: a. Maintain all planring material in the Areas. b. As required, the RPIA shall adhexe to the Parks and Community Services Department's "Water Conservarion/Rarioning Procedures", Exhibit B. c. Adhere to the Parks and Community Services Department's "Watering Agreement", Exhibit C. d. Collect and properly dispose of all trash, garbage, litter, and debris related to the RPIA's scope of services under this Agreement. e. Maintain and replace any color plantings, weed, and mulch the beds as required. III. The City shall participate on a one-time basis in the amount of 9 219.00 payable to RPIA and shall furthermore be relieved from maintenance responsibility for the plants, soils and landscape improvements described in Section I, above. IV. Pursuant to section 3.01 of the Agreement, the term of the original agreement shall be extended for 2 years, effective March 1, 2013 and expiring February 28, 2015. V. All terms in this First Renewal and First Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. VI. All other provisions of the Agreement, which are not expressly amended herein to this First Renewal and First Amendment, shall remain in full force and effect. EXECUTED and EFFECTIVE as of the last date written by a signatory hereto. First Renewal and Fust Amendment of Adopt-A-Median Agreement with Ryan Place Improvement Association Page 2 of 3 RYAN PLACE IMPROVEMENT ASSOCIATION ,�;-� �- � _ Name: J�, �(�� � �� � l r�V(� Title: C' /��i l�f ��1 •�� �� j d�'�'i�'�-� C � ��C�L'l�'. �G� rc r+�t r r%'�C CITY OF FORT_ ORTH �,- , �� � �us'a'n Alanis Assistant City Manager APPROVAL RECOMN�NDED: Park and Comm e� s D p � hard Zavala D ector APPROVED AS TO FORM �ND �,EGALITY: � ���, n � Douglas W. Black � � Assistant City Attorney ��y � � ��� ;� 0 ,�� � � � : '- � � .�, CiTY SECRE'�'ARIf ' i, i�..�;'� � �'i. f %�. City Secretary S� >� � ',�": First Rene�val and First Amendment of Adopt-A-Median Agreement �vith Ryui Place Improvement I�ssc�aaa�a� -- ---?�ge 3 of 3