LANDSCAPE MAINTENANCE AGREEMENT

Transcription

1 Texas Department of Transportation LANDSCAPE MAINTENANCE AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS This AGREEMENT made this day of, 2012, by and between the State of Texas, hereinafter referred to as the State, and the City of Arlington, 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 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 February 27, 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 and the City have 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 City will provide proposed landscape improvements within the right of way of FM 157 between the Trinity River and 1,115 south of the City Limit, as shown on Attachment B, provided that the City agrees to be responsible for all required maintenance of the landscape improvements.

2 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 FM 157, a non-controlled access state highway as defined in the Municipal Maintenance Agreement, and described and graphically shown as State Maintained and Operated in that agreement and as shown on Attachment B. 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 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. City s 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. 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. Attachment C further describes the City s responsibilities relative to landscape and irrigation operation and maintenance.

3 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 Arlington on the day of, 2012, and the Texas Department of Transportation, on the day of, ATTEST: CITY OF ARLINGTON By (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. By District Engineer Fort Worth District Attachments

4 ATTACHMENT A STATE MAINTAINED NON-CONTROLLED ACCESS HIGHWAYS ARLINGTON, TEXAS 1. Farm to Market 157 from north city limit to SH Farm to Market 157 from SH 180 to south city limit 3. State Highway 180 from west city limit to east city limit 4. Spur 303 from west city limit to city limit of Pantego 5. Spur 303 from east city limit of Pantego to east city limit

5 FM 157 from Trinity River to 1,115 south of the City Limit

6 ATTACHMENT C To Landscape Maintenance Agreement Agreement Date The City of Arlington is to operate and maintain landscape improvements, irrigation, and aesthetic elements on the State s right-of-way of FM 157 from the Trinity River to 1,115 south of the City Limit, to include the following: Landscape Design Landscaping shall be designed so as not to create safety concerns along FM 157. These concerns include, but are not limited to, sight distance and clear zones. Landscaping shall be designed in accordance with Texas Department of Transportation requirements. Landscape Maintenance All reasonable means shall be employed to preserve the plants and vegetative material existing within the project limits in a healthy and vigorous growing condition. This maintenance activity shall include, but not be limited to, the following: Irrigation System Design o Watering of plant material. o Shaping, weeding, mulching of plant beds. o Replacing unhealthy or dead plants. o Controlling pests, insects, and diseases. o Fertilizing. o Mowing and trimming. o Restaking, reguying, rebracing or removal of staking, guying, and bracing. o Pruning. o Gathering litter. Rain guards shall be installed which will automatically turn the irrigation system off during rain events. Freeze guards will be installed which will automatically turn the irrigation system off during freezing temperatures. Wind anemometer will be installed which will allow for an interruption of irrigation when wind velocity reaches a programmed set point. Anemometer will be set for winds greater than 15 miles per hour. Rotary nozzles shall be used to allow for larger water droplets to minimize overspray from light winds and more accurately irrigate the coverage areas.

7 The irrigation controller will feature a cycle and soak feature which optimizes cycle time and soak time to reduce water runoff. Irrigation system shall be equipped with a master control valve which reads the water flow through the valve and automatically turns off the system in the event of a line break. Irrigation pump will contain a low/high flow relay that will shut down operation of the pump upon high (leak) or low (low water level in lake) flow. This will prevent a mainline leak from running for more than 30 seconds after the break. Irrigation System Operation and Maintenance Irrigation system operation and maintenance shall include, but not be limited to, water monitoring, adjustment, repair, and proper operation of the irrigation system to ensure adequate moisture to the plant material. All replacement parts shall be of the same type and manufacturer as originally installed. Substitute parts may be allowed with the approval of the State, prior to replacement. The State shall have access to shut off irrigation system. During the mowing season irrigations system will be inspected weekly by landscape maintenance company for malfunctions. All irrigation breaks will be handled on a priority basis and repaired immediately. During the off-season system will be adjusted to lower water usage program and system will be inspected by landscape maintenance company for malfunctions monthly. All irrigation breaks are handled on a priority basis and repaired immediately. On-site personnel from the Viridian Municipal management District ( the District ) and from Developer will inspect the State right-of-way weekly to ensure all malfunctions are attended to immediately. All irrigation breaks will be handled immediately. Monthly inspection charts and programming will be delivered to the property manager each month along with weekly site visit reports. This will allow the manager to adjust the system weekly. Incident Response Plan Upon notification of the City by TxDOT of an irrigation leak or malfunction, the City will contact the landscaper of record and HC LOBF Arlington by telephone or within two (2) hours. When the leak or malfunction creates a safety issue, the irrigator shall respond within two (2) hours of notification, otherwise the irrigator shall respond within eight (8) hours. The irrigation system will be repaired within 24 hours if no water flow is occurring. If water flow is occurring then the system will be manually shut off within 2 hours.

8 The following contact list shall be updated with five (5) business days with any changes: o City of Arlington 24-hour contact number: (817) o HC LOBF Arlington LLC HC LOBF Arlington Office (214) Elvio Bruni (214) Elvio@Huffinescommunities.com Sue Blankenship (214) SBlankenship@Huffinescommunities.com Robert Kembel (214) Rkembel@Huffinescommunities.com Huffines Communities (214) o American Landscape Donnie Wolverton (214) Jose Zamora (214) Joe Davalla (214) Pedestrian Amenities Any modifications to pedestrian fence located at or around FM 157 and West Fork Trinity River Crossing shall be maintained by the City.