Loading...
HomeMy WebLinkAboutContract 62391Docusign Envelope ID· 5F966DA0 A6D9-4C96 8601-41362950D0E0 *·Form 2043 I �,,.., LANDSCAPE MAINTENANCE AGREEMENT (Rev.10/18) Ot-p.ntTl('fH Page 1 of 3 ''·'0'"""•"'0" 02-Fort \Vorth-L!\IA-0005 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 � 5 � � � � a � Dluc Muund Rd �. t'� ����� ��ti �� � � i .� � _' � (i� Eilue 1.lourd Rd � C J � U W � 0 � a � �E� � �' o � n. � � KL r � � � � � s � � � N � � � ' �O e I � � �J ' �. w �. � i1 � � � y� i � ��y � t4 � �G � � � -� Q �-� �r r �d A�at�u Rd u ��` �� �� � Y � i � � aG a� � �� � �� �a h1�i��t�eck PScvvy �J a.y,rYi t . +, � � � �`��. � �g,�,ro�r �{� ��� . �` . �J1 � �. - , - -��■ ,.. - ��- - - -- � __ _ .� - -- E� {� # I <c � �� . �- ,� s �: � � � t � r J -T, � � � w �_ u �_ ;a F y t v` T « m � f 5 � �. �� (�t : � a� � � �" y�� � P�b •� � ,��` L �' � d o � z #s ��,�* ti � � � '�- � .; _. �Sc.y� ' � "-,� �#�'. , 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 X X X