HomeMy WebLinkAboutContract 62391Docusign Envelope ID· 5F966DA0 A6D9-4C96 8601-41362950D0E0 *·Form 2043 I
�,,.., LANDSCAPE MAINTENANCE AGREEMENT (Rev.10/18)
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THE STATE OF TEXAS
THE COUNTY OF TRAVIS
CSC No. 62391
This AGREEMENT made this 22nd day of November , 2024 , by and
between the Texas Department of Transportation, hereinafte r referred to as the
"State," and the C ity of Fort Worth , Tar r ant County, Texas,
acting by and through its duly authorized officers, hereinafter called the "City".
WITNESS ETH
WHEREAS, Chapte r 311 of the Transportation Code gives the City exclusive
dominion, control, and jurisdiction over and unde r the public streets within its
corporate lim its and authorizes the City to enter into agreements with the State to
fix responsibil ities 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 agr eements 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 November 06, 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.
Docusign Envelope ID: 5F966DA0-A6D9-4C96-B601-41362950DOE0
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be by them respecti�eEy 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 pro�ided.
Co�eraqe
This agreement prescribes #he responsibilities of the State and the City relating to the
maintenance of the CSJ 0014-01-029 & 0013-10-088 project which is located on
BUS287 non-con#rolled access state highway, as defined in the Municipal
Maintenanc� Agreement. The maintenance is further described in Attachment A, the
location map for this pro�ect, and limited to the portions along (IHxx, FMxx, SHxx)
BUS287 from NW 38ih Street to FTW Gate 1.
Amendment
The parties agree that this agreement may be amended. Such amendments,
to be effective, must be in writing and si�ned by both parties.
State's Responsibilities
The State shall install landscape elements including i�ut not limited to trees,
shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its
employees or duly appointed agents.
City's ResponsibFlities
The City may install lanclscape elements including but not limited to trees,
shrubs, grasses, sidewalks, irrigatian systems, and hardscape features through its
employees or duly appointed agents. Any installations shall be performed in
accordance with Texas Department af Transportation specifica#ions and standards,
and must be approved by the State in writing prior to any work being performed.
Docusign Envelope ID· 5F966DA0 A6D9-4C96 8601-41362950D0E0
Form 2043 (Rev. 10/18)
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. The City will be
responsible for all utility costs associated with maintaining landscape elements. 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 City of Fort Worth on the 22nd day ofNovember , year 2024 , and the Texas Department of Transportation,
on the ___ day of __________ , year __ _
ATTEST:
vR6.,W"'b1, Valerie Washington (Nov 22, 202413:54 CST)
CITY OF __ F_o_rt_W_o_r_t_h __ _ By Assistant City Manager(Title of Signing Official)
Attachments
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.
�DocuSigned by:
By ---�-�-e,-4:_64_�-��-4,-, ...
-'-P._E. ___ _
District Engineer
Fort worth
District
Contact/Help
Docusign Envelope ID: 5F966DA0-A6D9-4C96-B601-41362950DOE0
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APPROVAL RECOMMENDED:ATTEST:
Aviation City Secretary
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
Routing and Transmittal Slip
___________________________________
Department
DOCUMENT TITLE: __________________________________________
M&C______________ CPN______________ CSO #______________ DOC#______________
DOCUMENTS FOR CITY MANAGER’S SIGNTURE: All documents received from any and all City
Departments requesting City Manager’s signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and take the next steps.
NEEDS TO BE NOTARIZED:Yes No
RUSH:Yes No SAME DAY:Yes No NEXT DAY:Yes No
ROUTING TO CSO: Yes No
Action Required:
d
our Information
Signature/Routing and or Recording
Return to:Please call _____________________at ext._____ for pick up when completed. Thank you.
DATE: 11/20/2024 INITIALS DATE OUT
TO:
1. Aaron Barth
2. Roger Venables
3. Doug Black
4. Valerie Washington
5.
6.
ovements LMA
Aviation
Tyler Dale 541
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