14-R-49 - TxDOT Landscape & Maintenance AgreementRESOLUTION NO. 14 -R -49
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING RESOLUTION 14 -R -36 AUTHORIZING
A LANDSCAPE CONSTRUCTION AND MAINTENANCE AGREEMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION
REGARDING THE LANDSCAPING OF THE COMAL SETTLEMENT
HISTORICAL MARKER, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that
the City enter into a Landscape Construction and Maintenance Agreement with the Texas
Department of Transportation ( "TxDOT ") regarding a landscaping project for the Comal
Settlement Historical Marker at the intersection of Old Nacogdoches Road and FM 482; and
WHEREAS, Texas Department of Transportation requires a Landscape Construction and
Maintenance Agreement with the City to accept liability for the work; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the Landscape Construction and Maintenance Agreement with TxDOT attached hereto
as Exhibit A (the "Agreement'); and
WHEREAS, the City Council approved Resolution 14 -R -36 on April 15, 2014; and
WHEREAS, an updated exhibit outlining the boundary map was created and TxDOT
requested that the City include the new updated exhibit in the Agreement which required the
Resolution to be amended to allow for the replacement of the original exhibit with the updated
boundary map.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with TxDOT in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or pants thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 10th day of June, 2014.
R. Carpenter, Mayor
ATTEST:
da Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
MAINTENANCE AND CONSTRUCTION AGREEMENT
A -1
LANDSCAPE CONSTRUCTION
AND MAINTENANCE
AGREEMENT
THE STATE OF TEXAS
COUNTY Or COMAL
THIS AGREEMENT is made by and between the State of Texas, acting by mid
through the Texas Department of Transportation, hereinafter called the "State ", and the
City of Schertz, acting through its duty authorized officials, as evidenced by Resolution
Number U -�- a�n , dated U \sal hereinafter called the "City ".
WITNESSETH
WHEREAS, the State owns and maintains a system of highways, including FM
482, in Coma[ County, Texas, for public use and benefit; and
WHEREAS, the State agrees to allow the construction of a landscape project
along Old Nacogdoches Road at the intersection with FM 482, hereinafter referred to as
the "Facility," attached hereto as Exhibit A; and
WHEREAS, the City of Schertz agrees to install landscaping and conduct the
Facility's long -term maintenance activities for the Facility through the use of City forces,
City contractors, or other means satisfactory to the City and the State.
NOW THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto be by them respectively kept and
performed as hereinafter set forth, the State and the City do mutually agree as follows:
AGREEMENT
ARTICLE 1. Term of Agreement,
This Agreement becomes effective when finally executed (signed) by the State and shall
continue unless or until otherwise terminated as provided herein,
ARTICLE 2. Project Funding.
The City will provide for and/or fund the cost of construction of the Facility as shown on
Exhibit A.
The City will provide for or fiord the long -tern maintenance activities for the Facility at
no cost to the State.
ARTICLE 3. Responsibility of the Parties.
A. The City agrees to:
1. Provide landscape design plans to the State for approval and
furnish and install landscape plants, mulch, . irrigation
meters /systems, and other related landscape installation items that
may be required; and
2. Perform and /or provide, to the satisfaction of the State, long -term
maintenance of the Facility to include but not be limited to the
following activities:
(a) Pruning, fertilizing and disease control as may be
reasonably required to ensure the continued viability
and establishment of the plant material;
(b) Maintaining the planting beds reasonably free of
objectionable weed and grass growth that would
adversely affect the growth of the plants;
(c) Maintaining and operating the irrigation system (if
applicable), or providing water in the amount and to
the frequency required, to ensure the continued
viability and establishment of the plant material;
(d) Replacing plant material as may be reasonably
required to ensure that the Facility functions as
intended during the term of the Agreement;
(e) Providing for mowing of turf and removal of litter
where applicable to maintain the area in a neat and
presentable condition;
(f) Maintaining concrete pavers, sidewalks, lighting,
fencing, and all other features constructed as pant of
the Facility; and
3. Furnish, erect and maintain any barricades, signs and traffic
handling devices, in accordance with the latest Texas Manual of
Uniform Traffic Control Devices (MUTCD) and to the satisfaction
of the State, as may be required to protect the safely of the public;
and
4. Conduct periodic inspections as deemed necessary.
B. The State agrees to:
Cooperate with the City to determine requirements for barricades,
signs and traffic handling devices to be used by the City during
installation and maintenance of the Facility; and
2• Conduct periodic inspections as deemed necessary,
C. The City and State further agree that nothing contained in this Agreement
will be construed to:
Give either party the power to direct and control the day -to -day
activities of the other; or
2• Constitute the parties as partners, joint venturers, co- owners or
otherwise as participants in ajoint or common undertaking; or
3• Allow either party to create or assume any obligation on behalf of
the other party for any purpose whatsoever.
ARTICLE 4. Use of Contractor or Group.
The City shall have the right to engage any responsible Contractor or Group to perform or
provide any portion of the City's Facility activities specified in this Agreement. However,
notwithstanding this provision, the City will continue to remain responsible to the State to
ensure performance of all its duties and responsibilities specified in this Agreement. The
City shall ensure that any Contractor or Group complies with all provisions of this
agreement, and federal, state, and local laws, and regulations as may be applicable.
In the event the City engages a Contractor to perform Facility maintenance activities
under this Agreement, the City shall ensure that said Contractor shall indemnify the State
for any and all damages and claims for damages by said Contractor, its employees,
agents, or representatives, including any claims resulting from bodily injury or death to
others, or, for loss of or damage to property of others, arising out of, incident to, or in any
manor connected to Facility maintenance activities, and, for any or all liability arising
from the negligent acts of said Contractor, its employees, agents, or representatives.
In the event the City engages and approves a responsible Group to perform Facility
maintenance activities under this Agreement, the City shall require and ensure that said
Group's authorized representative obtain, review, and execute the "Aclarowledgment Of
Conditions For Landscape Maintenance Work," attached and incorporated herein as
Exhibit B, and thereafter maintain the record in its files.
ARTICLE S. Indemnification,
The City and the State each acknowledge responsibility for the acts, deeds, errors and
omissions of its own employees. The parties agree that the Texas Tort Claims Act
pertaining to governmental liability for tortious conduct and /or property damage shall
apply to this Agreement.
ARTICLE 6. Termination,
This Agreement may be terminated under any of the following conditions:
A. By mutual written agreement and consent of both parties; or
B. By either party upon giving the other party thirty (30) days prior written
notice; or
C. By the State, in the event the State determines that the Facility is not in the
best interest of the traveling public.
If the City terminates this Agreement, as provided herein, the City will be responsible for
repair or removal of the Facility, fit the event that the City does not provide the repair or
removal services, the State may remove or repair the Facility and request reimbursement
for any reasonable costs incurred by the State to restore the State's right of way to its
original condition.
ARTICLE 7. Amendments.
Changes in time frame, character, or obligations herein shall be enacted by written
amendment. Both parties must execute all amendments to this Agreement,
ARTICLE 8. Successors and Assigns.
Subject to the provisions of Article 4, the City shall not assign or otherwise transfer its
rights and obligations under this Agreement except with prior written consent of the
State, and any prohibited assignment or transfer shall be mill and void,
ARTICLE 9, Remedies.
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 10, htsurance.
4
The City shall Provide necessary safeguards to protect the public on State - maintained
highways including adequate insurance for payment of any damages which might result
during the Facility activities, and to save the State harmless from damages, to the extent
of said insurance coverage and insofar as it can legally do so,
Where Facility activities are Performed through a Contractor, the Contractor shall submit
to the City proof of insurance using the State's "Certificate of Insurance, Form 1560," as
currently revised and attached as Exhibit C. The limits of the insurance Policy shall
remain in effect for (lie duration of the pertinent Facility activities under this Agreement.
The State shall be named as all Additional Insured with a Waiver of Subrogation in favor
of the State. The City shall forward completed original insurance certificates to the State.
ARTICLE 11. Notices.
All notices to either party by the other required under this contract shall be personally
delivered or mailed to such Party al the following respective address:
STATE:
Texas Department of Transportation
Attu: Director of Maintenance
4615 N.W. Loop 410 (location)
P.O Box 29928 (mailing address)
San Antonio, Texas 78229
ARTICLE 12. Gratuities.
CITY:
City of Schertz
Attn: Sam D. Willoughby
Public Works Director
10 Commercial Place #2
Schertz, Texas 78154
Texas Transportation Commission policy mandates that employees of tlue State shall not
accept any benefits, gifts or favors from ally person doing business or who reasonably
speaking may do business with the State under this Agreement. The only exceptions
allowed are ordinary business lunches and items (bat 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 Agreement may not make any offer of benefits, gifts or favors to State employees,
except as mentioned here above. Failure on the part of the City to adhere to this policy
may result in the termination of this Agreement.
IN TESTIMONY WHEREOF, tine State and the City have executed duplicate
counterparts to effectuate this Agreement.
THE CI'T'Y OF SCHERTZ
By:�
Title: City Manager
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating and/or
carrying out the orders, established
Date: t\ Ar 'X-0
Attest:
� Clerk
List of Exhibits:
policies or work programs heretofore
approved and authorized by the Texas
Transportation Conunission.
m
Date: ``3v , I-
"A" - Plaus for the Landscape Project
"B" - Acknowledgment of Conditions for Landscape Maintenance wolic
"C" - Certificate of Insurance, Form 1560
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Landscape En aancenaent Plan — Historical Marker Area
Legend; ®ld Naeogdoe'tes Rd. & FM 482, Comal Co. Texas
•) State Hlslnri:'xl mwktr
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EXHIBIT "B"
ACKNOWLEDGEMENT OF CONDITIONS FOR
LANDSCAPE MAINTENANCE WORK
The City of Selieriz, hereinafter called the "City ", and , hereinafter called the
"Group" recognize the need and desirability of landscaped highways and are entering into
this Agreement to permit the Group to contribute toward the effort of maintaining
landscaping on State controlled right of way.
The Group, both jointly and severally, acknowledges the hazardous nature of the work,
and agrees to the following ternis and conditions:
e Participants in the Group agree to obey and abide by all laws and regulations relating
to safety and such other terms and conditions as may be required by the County for
special conditions on a particular adopted section.
® When participants are 15 years of age or younger, the Group shall furnish adequate
supervision by one or more adults.
o The Group shall conduct at least two (2) safety meetings per year. Participants must
attend a safety meeting conducted by the Group before participating in landscape
maintenance on the right of way.
® The Group shall not subcontract or assign its responsibilities to any other group,
organization or enterprise without the express written authorization of the City.
i Individuals shall wear safety vests while working on the right of way.
The Group shall neither possess nor consume alcoholic beverages while working on
the right of way.
• The Group shall maintain a first -aid kit and adequate drinking water while working
on the right of way,
/Oe.W
From 1650
(Rev 07112)
CERTIFICATE OF INSURANCE 1`14003 editions of this fors may not be used.
(ese•tpe)
Paso 1 M 2
Agents should complain the form providmo all requested Information Nan either tax or mail this form directly to the address listed on page two of this form. Copies of
endorsements listed below am not required as attachments (o this coninealo.
This cerggonle Is Issued as a matter of Information only and centers no rights upon the conincate, holder. This codincate does not center any rights or obligations other than No
fights and obligations conveyed by the policies referenced on this c0r55cale. The terms of the policies(ofefenced In this eediBcale conuoi over the (arms of the certificate.
Insured; City of
SkeellMalling Address:
qty /Slate0p: Schertz, Texas 78164.1634
Phone Numbur. Area Code (210)619 -1163
Workers' Compensation Insurance Coverage:
Endorsed with a Waiver of Subrogation in favor of TOOT.
Carrier Name: Texas Municipal League Intergovernmental Risk Pool
Carrier Phone fl: 000 - 537.6655
Address: 1821 Rutherford Ln
City, State, Zip:
Austin, TX 78754
Type of Insurance:
Policy Number:
Effective Date:
Expiration
pate:
Lllnits of Liability:
Wofkers'Compensallon
0491
10101113
10101114
Not Less Then: Statutory - Texas
Commercial General Llabllity Insurance:
Carrier Name: Texas Municipal League Inter ovarnmental Risk Pool
Carrier Phone If: 800. 637.6666
Address: 1821 Rutherford Ln
City, State, Zip: Austin, TX 78784
Type of Insurance:
Policy Number:
Effective Date:
Expiration
Date:
Limits of Liability:
Commercial General
Liability Insurance
8481
10101113
10101/14
Not Less Than:
$ 600,000 combined single limit
Business Automobile Poliov:
Carrier Name; Texas Municipal League Intergovernmental Risk Pool
Carrier Phone N: 800 - 537.6666
Address; 1821 Rutherford Ln
City, State, Zip: Austin, TX 78764
Type of Insurance:
Policy Number:
Effective Date:
Expiration
Limits of Liability;
Business Aulomobile, Policy
Y
491
10/01/13
10/01!14
Nol0,007han:
$ 600,000 combined single limit
Umbrella Policy (if armlicablo):
Carrier Name: N/A
Carrier Phone M
Address:
City, State, Zip:
Type of Insurance:
Policy Number:
Effective Date:
Expiration Data:
Limits of Liability:
Umbrella Policy
Agency Name Address City, State Zip Coda
(800) 537 -6655
Authorized Agent's Phone Number
The Texas Department of Transportation maintains the Information collected through this form. With few exceptions, you are entitled on request to be
Informed about the Info rnallon that wo collect about you. Under sections 652.021 and 652.023 of the Texas Government Code, you also are entitled to receive
and review the Information. Under section 659.004 of the Government Code, you are also entitled to have us correct fnformalion about you that is incorrect.
Fax completed form to: 512/416 -2536
Farm 1660
(Rev 04/2007)
Texas Department of Transportation Page 2 of 2
NOTES TO AGENTS:
Agents must provide all requested Information then either fax or mail this form directly to the address listed below.
Pre - printed limits are the minimum required, If higher limits are provided by the policy, enter (he higher limit amount
and strike - through or cross out the pre - printed limit.
To avoid work suspension, an updated Insurance form must reach the address listed below one business (fay
prior to the expiration date. Insurance must be In force in order to perform any work.
Binder numbers are not acceptable for Polley numbers,
The certificate of Insurance, once on file with the department, Is adequate for subsequent department contracts
provided adequate coverage is still In effect. Do not refer to specific projects /contracts on this form.
List the contractor's legal company name, Including the DBA (doing business as) name as the Insured. If a staff
leasing service Is providing Insurance to the contractor /client company, list (110 staff leasing service as the Insured and
show the contractor /client company In parenthesis.
The TxDOT certificate of Insurance form is the only acceptable proof of Insurance for department contracts.
List the contractor's legal company name, Including the DBA (doing business as) name as the Insured or list both the
contractor and staff leasing service as Insured when a staff leasing service Is providing Insurance.
Over - stamping and/or over - typing entries on the certificate of Insurance are not acceptable If such ankles change the
provisions of the certificate In any manner.
This form may be reproduced.
DO NOT COMPLETE THIS FORM UNLESS THE WORKERS' COMPENSATION POLICY IS ENDORSED WITH A
WAIVER OF SUBROGATION IN FAVOR OF TXDOT.
The SIGNATURE of the agent Is required.
CERTIFICATE OF INSURANCE REQUIREMENTS:
WORKERS' COMPENSATION INSURANCE:
The contractor is required to have Workers' Compensation Insurance If the contractor has any employees Including
relatives,
The word STATUTORY, under limits of liability, means that the Insurer would pay benefits allowed under the Texas
Workers' Compensation Law.
GROUP HEALTH or ACCIDENT INSURANCE Is not an acceptable substitute for Workers' Compensation.
COMMERCIAL GENERAL LIABILITY INSURANCE:
MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE Is not an acceptable substitute for Comprehensive
General Liability Insurance or Commercial General Liability Insurance,
BUSINESS AUTOMOBILE POLICY:
If coverages are specified separately, they must be at least these amounts:
Bodily Injury $600,000 each occurrence
$100,000 each occurrence
Property Damage $100,000 for aggregates
PRIVATE AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for Business Automobile Policy.
MAIL ALL CERTIFICATES TO:
Texas Department of Transportation
CST - Contract Processing Unit (RA/200 -1" Ff.)
126 E,1IIh Street
Austin, TX 78701 -2483
512 /418.2640 (Voice), 612/416 -2536 (Fax)
Cn)
AW Texas Department of Transportation
125 EAST 11TH STREET 1 AUSTIN, TEXAS 78701 -2483 1 (512) 463 -8588 1 WWW.TXDOT.GOV
May 22, 2014
City of Schertz
ATTN: Ms. Cynthia Raleigh, CPM
Public Works Business Coordinator
10 Connnercial Place, Bldg. 2
Schertz, TX 78154
RE: Landscape Construction and Maintenance Agreement, TM 482, Comal Settlement
Historical Marker
Dear Ms. Raleigh:
The City has provided the enclosed pages (2 pages) to further detail the proposed construction of
the historical marker enhancements that were approved in the agreement. Please replace the
existing Exhibit A in the original agreement with these pages, We have transferred the
boundaries for City maintenance from the original Exhibit A onto the new Exhibit. Those limits
did not change.
Please let us know if there are questions regarding the Exhibit. Marvin Hatter has been working
with you and he can be reached at 210 - 615 -6088.
Sincerely, �„
W
Jslav, PE
Director of Maintenance
cc: Marvin Hatter
James Browne
Jessica Castiglione, PE
OUR GOALS
MAINTAIN A SAFE SYSTEM • ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES - BEST IN CLASS STATE AGENCY
An Equal Opportuulty Employer
Old Nacogdoches Road and FM 482, Cornal County, Texas
2 i
4
3
1) State Historical Marker
2) Headwall "1915" Marker
(Staggered Limestone Pedestal)
3) Decomposed Granite
4) Evergreen Ground Cover
5) Low Flowering Trees
6) Ornamental Grass
7) Turn -off Area
Hea&
Ceme
Mark(
Stagger
Limesta
Pedest
i
i
um
24 in.
EXgl vr lq, Page A 4