HomeMy WebLinkAboutResolution - 4049 - Grant Application - TDOT - 1992-93 Landscape Cost Sharing Program - 12_17_1992Resolution No. 4049
December 17, 1992
Item #39
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for an on behalf of the City of Lubbock a Grant Applica-
tion and related documents for the 1992-1993 Landscape Cost Sharing Program
administered by the Texas Department of Transportation on a cost -sharing
basis, attached herewith, which shall be spread upon the minutes of the Coun-
cil and as spread upon the minutes of_t1jjs Council shall constitute and be a
part of the Resolution as if fully cpfied h-t,ein in det ,�
Passed by the City Council this Oth day
ATTEST:
a,_CC a�
S_ally Sti A e, Acting City
Secretary
APPROVED TO CONTENT:
LI"If c
Lee Os orn, Director of Parks
Recreation
APPROVED AS TO FORM:
Hla_rold Willard, Assists t City
Attorney
aw:35/LAHDscAP.REs
DI-Agenda/December 1, 1993
992.
Resolution No. 4049
December 17, 1992
Item #39
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 Lubbock, acting
through its duly authorized officials, as evidenced by Resolution
or Ordinance Number 4049 , dated December 17, 1992 ,
hereinafter called the "City".
W I T N E S S E T H
WHEREAS, the State owns and maintains a system of highways,
including Interstate Highway 27, in Lubbock County, Texas, for
public use and benefit; and
WHEREAS, the City has requested State participation in a
1992-1993 Landscape Cost Sharing Program project along Interstate
Highway 27 at the Atzlan/Mackenzie Park Link hereinafter called
the "Project", and as shown on the attached EXHIBIT A; and
WHEREAS, the City has committed to cooperating with the
State by providing a total non -cash contribution of $56,161.00
toward the completion of the Project, which sum represents the
agreed, fair -market, non -cash value for providing the Project
Design Plan, for labor and equipment to fully install all
landscape plant material, for materials, labor and equipment to
fully install an automatic irrigation system, and for Project
maintenance and establishment activities for a period of twenty-
four consecutive months; and
WHEREAS, Texas Transportation Commission Minute Order
101601, dated October 28, 1992, attached hereto and labeled
EXHIBIT B authorizes the State to cooperate with the City in the
development of the Project by providing State funds which will be
used to purchase landscape plant material in accordance with the
Project Design Plan;
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:
Page 1 of 7
A G R E E M E N T
ARTICLE 1. Term of Agreement.
This Agreement becomes effective when finally executed
(signed) by the State and shall terminate upon satisfactory
completion of the work as called for in the Project Design Plan
and as stipulated within this Agreement, unless otherwise
terminated as provided hereinafter.
ARTICLE 2. Project Design Plan.
The City shall prepare and furnish the Project Design Plan.
The Project Design Plan shall contain plans and specifications,
as may be required by the State to purchase the landscape plant
material for the Project. The Project Design Plan shall be
incorporated into this Agreement by reference.
ARTICLE 3. Project Funding.
The total estimated cost of the Project is $78,345.00, and
shall be funded jointly by the State and the City. State funds
in an amount estimated not to exceed $22,184.00 will be utilized
to purchase landscape plant material. The City's total non -cash
contribution is $56,161.00 and represents the agreed, fair -
market, non -cash values of $2,800.00 for furnishing the Project
Design Plan, of $10,564.00 for labor and equipment to fully
install the landscape plant material, of $33,000.00 for
materials, labor and equipment to fully install the automatic
irrigation system, and of $9,797.00 for Project maintenance and
establishment activities for a period of twenty-four consecutive
months following the completion of the Project installation.
ARTICLE 4. Responsibility of the Parties.
A. The City agrees to:
1. Indemnify and save harmless the State, its 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
allowed by State Law.
Page 2 of 7
2. Indemnify, defend and hold the State harmless from
any and all claims and lawsuits by third parties
arising from, or incident to the performance, or
failure of performance of the City, its officers,
employees or agents under this Agreement to the
extent allowed by State Law. The City shall
defend all suits brought upon all such claims and
lawsuits and pay all costs and expenses incidental
thereto, but the State shall have the right, at
it's option and expense, to participate in the
defense of any suit, without relieving the City of
any obligation hereunder.
3. Provide the Project Design Plan and landscape
plant material specifications.
4. Furnish all labor and equipment required to fully
install the landscape plant material supplied by
the State. This shall include but not be limited
to the following general requirements:
a. Excavation of planting holes of a minimum
width of two times the diameter of the root
ball or container for the various size trees
and shrubs being installed.
b. Removal of all unsuitable base material
encountered and the replacement with select
quality topsoil, organic soil amendments,
fertilizers and/or root stimulator.
C. Forming of watering basins or saucers of a
diameter equal to the diameter of the
planting holes and of sufficient depth to
contain an adequate amount of water to be
applied on a regular basis.
d. Placing an organic mulch material of a
minimum depth of two inches within the basin
or planting bed to aid in soil moisture
retention.
e. Staking or guying of all trees greater than
seven feet in height.
5. Furnish all materials, labor and equipment
required to fully install an automatic irrigation
system in accordance with the Project Design Plan.
Page 3 of 7
6. Perform to the satisfaction of the State, Project
maintenance and establishment activities. These
activities shall begin immediately following the
installation of all Project elements and continue
for a minimum period of twenty-four consecutive
months. These activities shall include, but shall
not be limited to the following general
requirements:
a. Regularly maintain trees and shrubs to
include pruning, fertilization, and pest
removal as necessary.
b. Regularly monitor soil moisture around the
root balls, and apply adequate water as
necessary to maintain plant material in a
healthy, viable condition.
C. Replace plant material as may be reasonably
required to insure that the intent and
features of the Project Design Plan are
maintained.
d. Regularly maintain watering basins or saucers
free from weeds and grass, and mow turf in a
minimum radius of three feet beyond the outer
perimeter of basins.
e. Reapply organic mulch as necessary to
maintain the minimum two inch layer specified
under plant installation requirements.
f. Regularly monitor the automatic irrigation
system and make adjustments and repairs in a
timely manner to insure that the system
functions as designed.
7. Furnish, erect and maintain any barricades, signs
and traffic handling devices, in accordance with
the latest Manual of Uniform Traffic Control
Devices, and to the satisfaction of the State, as
may be required to protect the safety of the
travelling public while performing any work on the
project under this agreement.
B. The State agrees to:
1. Obligate State funds in the amount of $22,184.00
which will be utilized to purchase landscape plant
material in accordance with the Project Design
Plan and the specifications.
2. Prepare and submit requisitions for landscape
plant material in accordance with existing
statutes relating to the purchase of material with
State funds.
3. Furnish material, after receipt, to the City.
Page 4 of 7
4. Cooperate with the City to determine requirements
for barricades, signs and traffic handling devices
to be used by the City during the installation and
maintenance of the Project.
ARTICLE 5. Overruns/Underruns.
The State will make recommendation of award for the bid or
bids received for required landscape material as follows:
1. If, after receiving bids for required landscape
material, the cumulative total of the lowest bid or
bids exceeds $22,184.00, the State, in order to insure
that available State funds are not exceeded, and at its
sole option, may reject any or all bids, revise the
quantity of landscape material to be furnished and
resubmit the bids.
2. If, after receiving bids for required landscape
material, the cumulative total of the lowest bid or
bids does not exceed $22,184.00, the State will
recommend award of the bid or bids. Unless, in the
sole opinion of the State, it is determined that the
furnishing of additional landscape material with any
remaining State funds is in the best interest of the
Project, the State will not purchase landscape material
in excess of the quantity requested by the City in the
City's proposal and as shown in the Project Design Plan
as would be necessary to insure the full amount of
State funds obligated for this Project is expended.
ARTICLE 6. Disputes.
Should disputes arise as to the party's obligations under
this Agreement, the State's decision shall be final and binding.
ARTICLE 7. Amendments.
Changes in time frame, character, cost or obligations herein
shall be enacted by written amendment. All amendments to this
Agreement must be executed by both parties within the contract
period specified in Article 1.
ARTICLE 8. Successors and Assigns.
The State and the City shall not assign or otherwise
transfer its rights and obligations under this Agreement except
with prior written consent of the other party, and any prohibited
assignment or transfer shall be null and void.
Page 5 of 7
ARTICLE 9. Remedies.
Violation or breach of contract terms by the City shall be
grounds for termination of the Agreement, and any increased cost
arising from the City's default, breach of contract or violation
of terms shall be paid by the City. 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. Insurance.
At the time of execution (signature) of the Agreement by the
City, the City shall attach required insurance documentation to
each Agreement counterpart.
If the City is a self -insured entity and performs any work
on the Project with City Forces, the City shall extend the
protection of its self-insurance to the State for any and all
damages and injuries arising from the City's performance under
this Agreement.
If the City is not a self -insured entity and performs any
work on the Project with City Forces, the City shall furnish the
State with a completed Certificate of Insurance (TxDOT Form
20.102), and label such documentation EXHIBIT C.
If the City performs any work on the Project 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 insure the contractor or
contractors maintain such insurance during the term of the
Agreement.
ARTICLE 11. 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 contract.
Page 6 of 7
ARTICLE 12. Termination.
This Agreement may be terminated by any of the following
conditions:
A. By mutual agreement and consent of both parties.
B. By either party upon thirty days written notice to the
other party.
C. By either party, upon the failure of the other party to
fulfill its obligations as set forth in this Agreement.
D. By satisfactory completion of all services and
obligations described herein.
Should the City terminate this Agreement, as prescribed
hereabove, the City shall, at the option of the State, reimburse
any reasonable costs incurred by the State.
IN TESTIMONY WHEREOF, the State and the City have executed
duplicate counterparts to effectuate this Agreement.
DAVID R. LANGSTON, MAYOR
(Typed Name and Title)
,,Date: December 17, 1992
Sally S ill Abbe, Acting City
Secret
APPI ICY
RO AS
Lee Osborn, Director of Parks &
Recreation
APPROVED AS TO FORM:
Rarold Willard, Assistant City
Attorney
THE STATE OF TEXAS
Certified as being executed for
the purpose and effect of
activating and/or carrying out
the orders, established policies
or work programs heretofore
approved and authorized by the
Texas Transportation Commission
By:
Roger G. Welsch, P.E.
Associate Executive Director,
Field Operations
Date:
Page 7 of 7
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LUBBOCK
TEXAS TRANSPORTATION COMMISSION
County MINUTE ORDER
District No. LUBBOCK (5)
Submitted by:
EXHIBIT B
Page 1 of 1 Pages
WHEREAS, in LUBBOCK COUNTY, along INTERSTATE HIGHWAY 27 at the
crossover of the Atzlan/Mackenzie Park Link within the City of Lubbock,
the City of Lubbock (the City) desires to perform a 1992-1993 Landscape
Cost Sharing Program project, and has committed a total contribution of
$56,161.00 toward the completion of the project, which sum represents a
non -cash contribution for the agreed, fair -market, non -cash values of
furnishing the Project Design Plan, labor and equipment to fully
install all landscape plant material, materials, labor and equipment to
fully install an automatic irrigation system, and of project and site
maintenance for a period of 24 consecutive months following the
completion of the landscape installation; and
WHEREAS, the Texas Department of Transportation desires to
cooperate in this endeavor by obligating State funds in the amount of
$22,184.00 which will be used to purchase, and furnish to the City for
the City's installation and subsequent maintenance, required landscape
plant materials in accordance with the Project Design Plan and the
provisions of the Agreement with the City;
NOW, THEREFORE, IT IS ORDERED that the Executive Director will
accept this offer with gratitude and enter into any necessary
agreements with the City of Lubbock for the completion of the work,
financing the State costs with funds authorized by the 1992-1993
Landscape Cost Sharing Program, at a State cost estimated not to exceed
$22,184.00.
Director of Maintenance & Operations Approved
Examined and recommended by:
Associate Executive Director
xecutive Director
Minute Number
101601
Date Passed
OCT 28 92