HomeMy WebLinkAboutContract 27303 LANDSCAPE MAINTENANCE AGREEMENrITY SECRETARY
ON STATE OWNED RIGHT-OF-WAY CONTRACT NO. 12Z3
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT is made by and between the State of Texas, acting by and through
the Texas Department of Transportation, hereinafter called the "State", and the City of Fort
Worth, acting through its duly authorized officials, hereinafter called the "City".
WITNESSETH
WHEREAS, Chapter 203 of the Texas Transportation Code empowers the Texas
Transportation Commission and TxDOT to lay out, construct, maintain, and operate the state
highway system; and
WHEREAS, the State has committed to provide landscape improvements, including but
not limited to, tree and shrub plantings and an irrigation system, to be provided in sections
through State projects performed through State contract for the areas along IH 30 between
Riverside Drive and Forest Park Boulevard and along IH 35W between Spur 280/US 287 and
Hattie Street, as shown in EXHIBIT A, attached hereto and incorporated herein for all purposes;
and
WHEREAS, the City has committed to maintain the landscape improvements provided
by the State upon completion of each segment of the landscape development projects within
those portions of the right-of-way as described above; and
WHEREAS, the Texas Transportation Code, Section 201.209 as amended by HB 1831,
provides authority for a local government to enter into an agreement with the State in accordance
with Chapter 791 of the Government Code;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties, to be by them respectively kept and performed as hereinafter set forth,
the State and the City do mutually agree as follows:
r fflIMIL GE-RD
CDC'
AGREEMENT
ARTICLE 1. Parties.
When used herein, the term "State" and the term "City" shall include the officers, agents,
employees, successors, and assigns of each of the parties respectively.
ARTICLE 2. Term of Agreement.
This Agreement shall become effective when executed (signed) by both the City and the
State. The term of this Agreement shall begin upon the completion and acceptance by the State
of each segment of the landscape development projects and shall remain in force for a period of
ten (10) years from the dated that maintenance and operation responsibilities are first assumed
for each segment by the City. This agreement shall be automatically renewed for two-year
periods thereafter, unless modified or terminated as provided hereinafter. "Segment", as used
herein, shall be defined as each water service point shown in the Exhibit "A", along with its
corresponding irrigation system and associated plantings.
The City's maintenance responsibilities shall begin no later than fourteen (14) days after
receipt of written notice by the State to the City of the satisfactory completion and acceptance of
each of the landscape development project segments described herein by the State.
The State shall notify the City's designated representative seven days prior to any
scheduled project segment acceptance inspections, both at completion of the plantings and at the
end of the one (1) year maintenance period. At each of these inspections, the City may provide
the State a list of its project concerns (discrepancies, deficiencies, and/or omissions). The State
will, within the provisions and specifications of its construction and maintenance contracts and
before assumption of responsibility of the landscape project segment by the City, require the
State's contractor(s) to correct such discrepancies, deficiencies and/or omissions in accordance
with those provisions and specifications. Determination of such discrepancies, deficiencies
and/or omissions shall be solely the State's decision.
Pursuant to the requirements of Chapter 79 1.011 of the Interlocal Cooperation Act, Texas
Government Code, Chapter 791, as amended, each party paying for the performance of
governmental functions or services must make those payments from current revenues available
to the paying party.
ARTICLE 3. Amendments.
Any modifications to this Agreement shall be by written amendment, executed and
agreed to by both parties.
2
ARTICLE 4. Responsibilities of the Parties.
A. The State agrees to:
1. Construct the landscape improvements in accordance with the approved
design construction plans, specifications and change orders through a contract
with a State selected contractor. Contractor selection shall be in accordance
with the State's low-bid procedure.
2. Sufficiently maintain the plant material to insure its viability and operate the
irrigation system to ensure sufficient delivery of water to the landscape
improvements until final acceptance by the State and • assumption of
maintenance responsibilities by the City.
3. Upon completion and acceptance of each landscape segment by the State, the
State shall immediately notify the City in writing, that the maintenance
requirements of the landscape improvements within said segments will be the
sole responsibility of the City and shall include the items shown in Section 4B
below. The State agrees to continue to maintain said landscape improvements
for a period of no longer than 14 days after notification to allow for continued
maintenance of the landscape improvements until the City assumes
responsibility.
B. The City agrees to assume the following landscape maintenance functions for
each segment of the improvements within fourteen (14) days of written
notification by the State that the City has the sole responsibility for maintenance
of the improvements:
1. Plant Maintenance: Preserve the plant material in a healthy and vigorous
growing condition. Plant maintenance shall include proper pruning,
fertilization, mulching, plant basin maintenance and plant replacement as may
be required.
2. Mowing and Trimming: Mowing and/or trimming shall be performed and
accomplished in accordance with the maintenance schedule adopted by the
City using suitable mowers and/or trimmers in all turf areas within the State
right-of-way areas along IH 30 between Riverside Drive and Forest Park
Boulevard and along IH 35W between Luella Street and Hattie Street.
3
3. Irrigation System Operation and Maintenance: The City shall maintain and
operate the irrigation system sufficiently to ensure the plantings receive
adequate water to support and maintain their viability during the growing
season for the initial two to three years of tree establishment only and
thereafter only as necessitated by weather conditions or extenuating
circumstances. Maintenance of the drip irrigation system shall include
furnishing materials and repair as may be necessary.
4. Traffic Control/Safety: The city shall furnish, erect and maintain any
barricades, signs and traffic handling devices, in accordance with the latest
Texas Manual on Uniform Traffic Control Devices, as may be required to
protect the safety of the traveling public while performing any work on the
highway right-of-way under this agreement.
ARTICLE 5. Independence of Parties.
The City and State agree that neither is an officer, agent, servant or employee of the other
party; that each shall have exclusive control of and exclusive right to control the details of the
portion of work that each such party is performing hereunder and all persons performing same on
behalf of each party respectively, and that each party is responsible for the acts and omissions of
its respective officers, agents, employees, contractors, subcontractors and consultants, and
nothing herein shall be construed as creating a partnership or joint enterprise between City and
State.
ARTICLE 6. Disputes.
Should disputes arise as to either party's obligations under this Agreement, the State's
decision shall be final and binding.
ARTICLE 7. Successors and Assigns.
This Agreement shall be binding upon the successors and assigns of both parties in like
manner as upon the original parties. Neither party shall assign its interest in this Agreement
without the written consent of the other party.
ARTICLE 8. Termination and Remedies.
This agreement may not be terminated by the City, other than outlined below, within the
initial ten-year maintenance and operation period without the written consent of the State, but
may be terminated by the State without cause upon sixty (60) days written notice to the City. The
Agreement may be modified or terminated thereafter without cause by either party upon sixty
(60) days written notice to the other party. Any costs arising from either party's termination of
the Agreement, other than those resulting from termination on grounds of default, shall be paid
by the party requesting the termination.
4
Violation or breach of contract terms by either party shall be grounds for termination of
the Agreement. Termination of this Agreement will occur only if the default continues for a
period of thirty (30) days after the notifying party informs the defaulting party in writing of the
default and its intention to declare this Agreement terminated.
Any costs arising from the defaulting party's breach of contract or violation of terms shall
be paid by the defaulting party. This Agreement shall not be considered as specifying the
exclusive remedy for any default, but all remedies existing at law and in equity may be availed of
by either party and shall be cumulative.
ARTICLE 9. Insurance.
At the time of execution (signature) of the Agreement by the City, the City shall furnish
the State with a statement indicating that the City is self-insured. This Statement of Insurance
indicating that the City is self-insured is attached to this Agreement and labeled as EXHIBIT B.
If the City performs any work on the highway right-of-way through a contractor or
contractors selected through the City's low-bid procedure, the City shall require its contractor or
contractors to furnish the State with a completed Certificate of insurance. (TxDOT Form 20.102)
and shall require all such contractors to maintain such insurance during the term of the
Agreement.
ARTICLE 10. Gratuities.
Texas Transportation Commission policy mandates that employees of the Department
shall not accept any benefits, gifts or favors from any person doing business or who reasonably
speaking may do business with the State under this contract. The only exceptions allowed are
ordinary business lunches and items that have received advanced written approval of the Texas
Department of Transportation Executive Director. Any person doing business with or who may
reasonably speaking do business with the State under this contract may not make any offer of
benefits, gifts or favors to Departmental employees, except as mentioned hereabove. Failure on
the part of the City to adhere to this policy may result in the termination of this Agreement.
ARTICLE 11. Applicable Law and Venue.
The City and State shall comply with all applicable federal, state and local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any courts or administrative
bodies or tribunals in any manner affecting the performance of the Agreement. Venue shall be in
Travis County, Texas.
ARTICLE 12. Severability of Provisions.
If any of the Provisions contained in this Agreement shall be held for any reason to The
invalid, illegal, or unenforceable in any respect, the Agreement shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein, and the remaining
portions shall remain valid and in full force and effect to the extent possible.
5
ARTICLE 13. Immunity.
It is expressly understood and agreed that, in the execution of this Agreement, neither
party waives, nor shall be deemed hereby to have waived any immunity or defenses that would
otherwise be available to it against claims arising in the exercise of governmental powers and
functions. By entering into this Agreement, the parties do not create any obligations, express or
implied, other than those set forth herein, and this Agreement shall not create any rights in
parties not signatories hereto.
ARTICLE 14. Indemnification.
The City does hereby agree to indemnify and save harmless the State and its respective
officials, officers, agents and employees, from all suits, actions or claims and from all liability
and damages for any and all injuries or damages sustained by any person, or by any abutting,
adjoining or other property in consequence of any neglect in the performance, or failure of
performance of the City, its agents and employees under this Agreement to the extent permitted
by the Constitution and the laws of Texas.
6
ARTICLE 15. Authority.
The undersigned officer and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto.
IN WITNESS WHEREOF; the State and the City have signed duplicate counterparts of
the Agreement.
THE CITY F F WORTH THE STATE OF TEXAS
Certified as being executed for
the purpose and effect of
By: activating and/or carrying out
(Signatu the orders, established policies
or work programs heretofore
approved and authorized by the
Texas Transportation Commission
(Typed Name and-Title)
Date: 1j JS 9 � ��
Y�
Ravin AS -ra � MALITYa
a�Steven E. Simmons, P.E.
L��7L�
District Engineer,
Aseistant ity Attorney Fort Worth District
Texas Department of Transportation
Date:
ATTESTED BY
Contract Authori zation
Date
Fna j GD?Ec GZ�
R M.
EXHIBIT A
FORT WORTH
Exhibit A is a series of plans (11" x 17"x 1/2"). The plans will be kept in
the Parks and Community Services Department central park file with a copy
of the executed Agreement. The description of exhibit A is as follows.
State of Texas
Department of Transportation
Plans of Proposed
State Highway Improvement
I.H. 30
From Summit Avenue to US 287
For the Widening of a Freeway Facility
Consisting of grading, drainage, structures, concrete
pavement, signing, surveillance, illumination, traffic
signals, etc.
Approved for letting
2-19-98
Elizabeth Hilton, P.E.
Director, Design Division, TxDOT
Approved
2-12-98
Hugo Malanga, Director
Transportation and Public Works
City of Fort Worth
EXHIBIT B
FORTWORTH
RE: Request for Proof of Insurance
City of Fort Worth's Self-funded Insurance Program
The City of Fort Worth is a self-funded entity and as such does not maintain a
commercial policy of general liability insurance and/or auto liability insurance. Damage
for which the City of Fort Worth would ultimately be found liable would be paid directly
by the City of Fort Worth and not by a commercial insurance company. Likewise, City
owned property is covered under the City of Fort Worth fire and extended coverage
program. Regarding statutory workers' compensation insurance, coverage is self-funded
to the $500,000.00 retention limit per incident over which commercial coverage responds
with no upper cap; and, employer's liability coverage is maintained at the $1,000,000.00
policy limit.
Sue Haupt
Senior Risk Management Analyst
City of Fort Worth, Texas
"Allan And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
9/11/01 C-18739 1 80LANDSCAPE 1 of 2
SUBJECT AUTHORIZATION TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF LANDSCAPE
IMPROVEMENTS ALONG IH30 AND IH35W
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an interlocal agreement
with the Texas Department of Transportation (State) for the maintenance of the landscape
improvements for the areas along IH30 between Riverside Drive and Forest Park Boulevard and along
IH35W between Luella Street and Hattie Street.
DISCUSSION:
The State, in conjunction with the City of Fort Worth (City), has undertaken an ambitious program of
freeway reconstruction, which will reshape the urban fabric of downtown Fort Worth. Portions of
Interstate Highways 30 and 35W that approach and are adjacent to downtown are being rebuilt along
IH30 between Riverside Drive and Forest Park Boulevard and along IH35W between Luella Street and
Hattie Street.
The State will fund approximately $1,500,000 for landscape beautification within the freeway rights-of
way, which includes plant material and irrigation and a one-year irrigation and plant life maintenance
and warranty. There will be approximately 3,342 trees, 88,032 square feet of bed and planting space
for 7,336 shrubs, 45 acres of turf and more than 16 miles of irrigation pipe serving over 4,000 irrigation
heads.
The proposed interlocal agreement will provide the following:
a) The State will construct the landscape improvements in accordance with the approved design
construction plans and specifications; and
b) The State will sufficiently maintain the plant material to insure its viability until final acceptance by
the State and assumption of maintenance responsibilities by the City; and
c) The City will perform all reasonable and practical means to preserve the plant material in a healthy
and vigorous growing condition; and
d) The City will maintain the landscape improvements in accordance with established standards; and
e) The term of this agreement shall begin upon completion and acceptance by the State of each
segment of the landscape development project and shall remain in force thereafter in perpetuity
from the date that maintenance and operation responsibilities are first assumed by the City; and
f) This agreement shall automatically renew annually thereafter unless modified or terminated by the
City or State.
City of Fort Worth, Texas
,mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
9/11/01 C-18739 80LANDSCAPE 2 of 2
SUBJECT AUTHORIZATION TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF LANDSCAPE
IMPROVEMENTS ALONG IH30 AND IH35W
On May 1, 2001, the City Council directed staff to bring forward a Mayor and Council Communication to
enter into an interlocal agreement with the State.
This project is located in COUNCIL DISTRICTS 8, and 9.
There is no fiscal impact on this recommendation in the current fiscal year. The estimated annual
operating impact for FY2001-2002 and FY2002-2003 is $189,000. Beginning in FY2003-2004 the
annual operating impact is estimated to be $99,000.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds for this agreement is included in the City Manager's proposed
budget for FY2001-2002.
JP:n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT C TY SECRETARY
Office by: (to)
Joe Paniagua(Acting) 6140 CITY COUNCIL
Originating Department Head:
SEP 25 2001
Richard Zavala 5704 (from) O��Additional Information Contact: w ",J
City Secretary of the
Richard Zavala 5704 City of Fort Worth„Texw
City of Fort Worth, Texas
"floolf and C �il ounc C ommunication
DATE REFERENCE NUMBER LOG NAME PAGE
9/25/01 C-18739 REVISED 80LANDSCAPE 1 of 2
SUBJECT AUTHORIZATION TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF LANDSCAPE
IMPROVEMENTS ALONG IH30 AND IH35W
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an interlocal agreement
with the Texas Department of Transportation (State) for the maintenance of the landscape
improvements for the areas along IH30 between Riverside Drive and Forest Park Boulevard and along
IH35W between Luella Street and Hattie Street.
DISCUSSION:
The State, in conjunction with the City of Fort Worth (City), has undertaken an ambitious program of
freeway reconstruction, which will reshape the urban fabric of downtown Fort Worth. Portions of
Interstate Highways 30 and 35W that approach and are adjacent to downtown are being rebuilt along
IH30 between Riverside Drive and Forest Park Boulevard and along IH35W between Luella Street and
Hattie Street.
The State will fund approximately $1,500,000 for landscape beautification within the freeway rights-of
way, which includes plant material and irrigation and a one-year irrigation and plant life maintenance
and warranty. There will be approximately 3,342 trees, 88,032 square feet of bed and planting space
for 7,336 shrubs, 45 acres of turf and more than 16 miles of irrigation pipe serving over 4,000 irrigation
heads.
The proposed interlocal agreement will provide the following:
a) The State will construct the landscape improvements in accordance with the approved design
construction plans and specifications; and
b) The State will sufficiently maintain the plant material to insure its viability until final acceptance by
the State and assumption of maintenance responsibilities by the City (the State will require its
contractor to replace all unacceptable plant materials); and
c) The City will perform all reasonable and practical means to preserve the plant material in a healthy
and vigorous growing condition; and
d) The City will maintain the landscape improvements in accordance with established standards; and
e) The term of this agreement shall begin upon completion and acceptance by the State of each
segment of the landscape development project and shall remain in force thereafter for a period of
ten years from the date that maintenance and operation responsibilities are first assumed by the
City; and
f) This agreement shall automatically renew for two-year periods thereafter unless modified or
terminated by the City or State.
City of Fort Worth, Texas
"agor and Council Communication
DATE REFERENCE NUMBER LOG NAME GE
9/25/01 C-18739 REVISED 80LANDSCAPE PA 2 of 2
SUBJECT AUTHORIZATION TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF LANDSCAPE
IMPROVEMENTS ALONG IH30 AND IH35W
On May 1, 2001, the City Council directed staff to bring forward a Mayor and Council Communication to
enter into an interlocal agreement with the State.
This project is located in COUNCIL DISTRICTS 8 and 9.
There is no fiscal impact on this recommendation in the current fiscal year. The estimated annual
operating impact for FY2001-2002 and FY2002-2003 is $189,000. Beginning in FY2003-2004 the
annual operating impact is estimated to be $99,000.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds for this agreement is included in the City Manager's proposed
budget for FY2001-2002.
JP:n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) P��®OJCD /p��9
Joe Paniagua 6140 CITY COUNCIL
Originating Department Head:
SEP 25 2001
Richard Zavala 5704 (from)
y�
Additional Information Contact: t""'— �`�
City secretary of the
City of Fort Worth,Texas
Richard Zavala 5704
City of Fort Worth, Texas
4mayor and Council coninsunication
DATE REFERENCE NUMBER LOG NAME PAGE
9/25/01 C-18739 REVISED I 80LANDSCAPE 1 of 2
SUBJECT AUTHORIZATION TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF LANDSCAPE
IMPROVEMENTS ALONG IH30 AND IH35W
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an interlocal agreement
with the Texas Department of Transportation (State) for the maintenance of the landscape
improvements for the areas along IH30 between Riverside Drive and Forest Park Boulevard and along
IH35W between Luella Street and Hattie Street.
DISCUSSION:
The State, in conjunction with the City of Fort Worth (City), has undertaken an ambitious program of
freeway reconstruction, which will reshape the urban fabric of downtown Fort Worth. Portions of
Interstate Highways 30 and 35W that approach and are adjacent to downtown are being rebuilt along
IH30 between Riverside Drive and Forest Park Boulevard and along IH35W between Luella Street and
Hattie Street.
The State will fund approximately $1,500,000 for landscape beautification within the freeway rights-of
way, which includes plant material and irrigation and a one-year irrigation and plant life maintenance
and warranty. There will be approximately 3,342 trees, 88,032 square feet of bed and planting space
for 7,336 shrubs, 45 acres of turf and more than 16 miles of irrigation pipe serving over 4,000 irrigation
heads.
The proposed interlocal agreement will provide the following:
a) The State will construct the landscape improvements in accordance with the approved design
construction plans and specifications; and
b) The State will sufficiently maintain the plant material to insure its viability until final acceptance by
the State and assumption of maintenance responsibilities by the City (the State will require its
contractor to replace all unacceptable plant materials); and
c) The City will perform all reasonable and practical means to preserve the plant material in a healthy
and vigorous growing condition; and
d) The City will maintain the landscape improvements in accordance with established standards; and
e) The term of this agreement shall begin upon completion and acceptance by the State of each
segment of the landscape development project and shall remain in force thereafter for a period of
ten years from the date that maintenance and operation responsibilities are first assumed by the
City; and
f) This agreement shall automatically renew for two-year periods thereafter unless modified or
terminated by the City or State.
City of Fort Worth, Texas
"agor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
9/25/01 C-18739 REVISED I 80LANDSCAPE 2 of 2
SUBJECT AUTHORIZATION TO EXECUTE AN 1NTERLOCAL AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF LANDSCAPE
IMPROVEMENTS ALONG IH30 AND IH35W
On May 1, 2001, the City Council directed staff to bring forward a Mayor and Council Communication to
enter into an interlocal agreement with the State.
This project is located in COUNCIL DISTRICTS 8 and 9.
There is no fiscal impact on this recommendation in the current fiscal year. The estimated annual
operating impact for FY2001-2002 and FY2002-2003 is $189,000. Beginning in FY2003-2004 the
annual operating impact is estimated to be $99,000.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds for this agreement is included in the City Manager's proposed
budget for FY2001-2002.
JP:n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) APPROVED
Joe Paniagua 6140 MY COUNCIL
Originating Department Head:
OCT 9 2001
Richard Zavala 5704 (from) � )
Additional Information Contact: city Secretary of the
:'tF of Fort Wort%Texas
Richard Zavala 5704