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HomeMy WebLinkAboutResolution - 2002-R0256 - South Loop 289 Landscape Maintenance Agreement - Mcdougal Properties - 06/26/2002Resolution No. 2002-RO256 June 26, 2002 Item No. 50 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a South Loop 289 Landscape Maintenance Agreement and any associated documents between the City and McDougal Properties, a copy of which Agreement is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 26th day of ATTEST: June , 2002. CP'*-L�� �� - Rebecca Garza, City Secretary APPROVED AS TO CONTENT: A i 0 eol Randy 10fuesdell, arks and Recreation Manager APPROVED AS TO FORM: Vandiver, First Assistant City Attorney Mres/LoopMaintses June 18, 2002 Resolution No. 2002-RO256 June 26, 2002 Item No. 50 SOUTH LOOP 289 LANDSCAPE MAINTENANCE AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock ("City") has entered into an Agreement with the Texas Department of Transportation ("TXDOT") November 5, 1999, to provide maintenance of landscaped areas along South Loop 289 between University Avenue and Slide Road; and WHEREAS, said landscaping will serve to protect and preserve public health and safety by preventing the growth of noxious weeds and other vegetation that harbors trash or other refuse and presents a visibility problem for motor vehicle traffic; and WHEREAS, the City desires to contract with local businesses ("Sponsoring Business") to sponsor portions of the landscape maintenance along South Loop 289 between University Avenue and Slide Road; and WHEREAS, said Sponsoring Business desires to participate in such landscaping maintenance program as is hereinafter set forth; NOW THEREFORE; For and in consideration of the terms, covenants and conditions set forth in this Agreement and to promote the health and safety of the citizens of the City of Lubbock, the City and the Sponsoring Business hereby agree as follows. SECTION 1. McDougal Properties, Sponsoring Business, hereby agrees to be responsible for the landscaping maintenance of the following named portion of the landscaping on South Loop 289: Quaker Avenue — Southwest Quadrant SECTION 2. The said Sponsoring Business hereby agrees to perform such maintenance in accordance with the terms and conditions imposed upon the City by paragraph 2 contained in the November 5, 1999, letter agreement between the City and TXDOT, a copy of which is attached hereto as Exhibit A and made a part hereof for all intents and purposes. SECTION 3. The Sponsoring Business hereby agrees to perform the duties enumerated in Exhibit B to this Agreement. The City hereby also agrees that it will participate in the performance of such duties up to an amount not to exceed $2,890 annually. SECTION 4. The said Sponsoring Business hereby further agrees to perform such maintenance in accordance with the Maintenance Standards of the City, a copy of which is attached hereto as Exhibit B and made a part hereof for all intents and purposes. The Sponsoring Business may perform such work itself or subcontract for the performance of such work by others. In the event the work is to be subcontracted, written approval of the subcontractor by the City shall be required. The Sponsoring Business or its subcontractor shall provide all labor, tools, transportation, materials, and equipment necessary to complete the work in accordance with the terms of this Agreement. . SECTION 5. The said Sponsoring Business shall hold the City harmless from any and all claims of any nature whatsoever arising from activities of the Sponsoring Business undertaken in the performance of its obligations under this Agreement. The City shall hold the Sponsoring Business harmless from any and all claims of any nature. whatsoever arising from activities of the City undertaken in the performance of its obligations under this Agreement. SECTION 6. The term of this Agreement shall be for a period of five (5) years, but the parties hereto may by mutual agreement extend said Agreement for up to two (2) additional one-year terms. Said extensions shall be agreed upon in writing prior to the expiration of the initial term or any one-year extension of said term. SECTION 7. It is understood by all parties that the work is to be done to the satisfaction of the Parks and Recreation Manager of the City or his authorized agent(s). If required by TXDOT or otherwise required by changed conditions during the term of the Agreement, the City may change the maintenance requirements contained in Exhibit B, which change shall be expressed in writing and a copy provided to the Sponsoring Business. SECTION 8. If the Sponsoring Business discovers conditions which differ from those contemplated by the parties hereto which could not otherwise have been discovered prior to execution of this Agreement by diligent inspection which conditions will substantially impair or prevent performance of this Agreement by the Sponsoring Business, notice of such condition shall be given to the City before commencement of work. The parties hereto may adjust the performance requirements as needed by mutual agreement expressed in writing. SECTION 9. Either parry may terminate this Agreement upon written notice to the other party not less than sixty (60) days prior to the end of any agreement period or otherwise upon not less than sixty (60) days prior written notice. Executed this day ofJ�.� , 200- City Of;gttbbock: Victor Hernandez, Mayor APPROVED AS TO CONTENT: Sponsoring Business:, rye -LI GA6. tAZ:�Ifv By: Title: vicle, I06Pj- " � 01-0 000004� Randy Truesdell, Parks and Recreation Manager APPROVED AS TO FORM: DdCon/L289 Maint. con. doc October 24, 2001 stant City Attorney ATTEST: Q Rebecca Garza, City.Secretary Resolution No. 2002-RO256 Resolution No. 6512 Exhibit A Sept- 23, 1999 Item No. 24 Texas Department of Tran - sportation P. O. Box 771 Lubbock, Texas 79408-0771 September 2, 1999 The Honorable Windy Sitton Mayor of Lubbock P. O. Box 2000 Lubbock, Texas 79457 Dear Mayor Sitton: The State owns and maintains a system of highways, including Loop 289 in Lubbock County, Texas.for public use and benefit. The City of Lubbock has requested landscaped areas within the city limits, constructed by the state. The City of Lubbock has committed to cooperating with the State by providing maintenance of these landscaped areas as outlined herein for the life of the improvements. The City agrees to the following at the landscape areas along Loop 289 between the areas of University Avenue to Slide Road. (See attached location -detailed maps.) City of Lubbock will: 1. Be responsible for all individuals working in these areas. 2. Provide traffic control in accordance with the Texas Manual of Uniform Traffic Control Devices (TMUTCD) prior to performing any work on State rights-of-way. 3. Ensure all necessary safbty equipment is provided to personnel performing work on State rights-of-way. 4. Provide all labor, equipment and supplies necessary for maintenance in the landscape area mentioned above. 5. Provide all water, at no charge to the State, necessary to maintain these landscaped areas. 6. Maintain water supply line from city source to landscaped areas, including landscaped areas. 7. Work diligently toward the establishment and survivability of all plant material. 8. Monitor and maintain irrigation systems. 9. Pick up litter, year-round. 1 do e...._, ,. 10. Mow during active growing season. a. Non -irrigated areas will be mowed at a height no less than four inches. b. Irrigated areas will be mowed at a height not less than two inches. 11. Mulch at a depth of two inches in all mulched areas. 12. Keep mulched areas free of weeds and grass. 13. Maintain a weed -free surface on pavers and stamped concrete. 14. Prune plant, material in accordance with American National Standard for Tree Care Operations. 15. Provide and apply slow release fertilizer to all plant material and irrigated grasses a minimum of one time per year. 16. Addition and removal of plant material in bed areas will be allowed, provided height and species limitations are adhered to as agreed upon by the City and State. 17. Neither add nor remove plant material from the landscaped areas outside of bed areas without the prior approval of the State. Removal and replacement of this plant material will be at City's expense. 18. Provide all necessary pesticide applications by a licensed pesticide operator. 19. The City and the State will mutually agree on the type and placement of all signs. a. No more than two signs per quadrant. b. The City will be responsible for installation of all signs. This agreement becomes effective when executed (signed) by the State. The Agreement may be terminated by either of the following conditions: 1. Upon failure of the City of Lubbock to fulfill its obligations as set forth in this Agreement. Termination of the agreement in this instance will result in removal of the plant material located in the areas mentioned above. 2. By mutual, written agreement and consent of both parties. Upon termination, in this instance, the landscaped areas may be removed to avoid unsightly conditions and burdens to State resources. 2 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Lubbock on the �_ day of jk�. 19qQ_, and the Texas Department of Transportation, on the 5� day of MakLYh&y .19. ATTEST: CITY OF LUBBOCK J'd (Title of Signing Official) . moESxas-02 s 3 THE STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTA LUBBOCK D18CT ENG M. Lubbock District Engineer (Title of Signing Official) Resolution No. 2002—RO256 Exhibit B Maintenance Standards Flowerbeds, Shrubs, Groundcover, Turf and Hard Surface Areas Flowerbeds: Sponsoring Business shall be responsible for the purchase and planting of all flowers in the identified beds. Flowers are recommended to be planted on 8 -inch centers, in a triangular pattern. Anticipated planting dates are April 21 st - May 23rd and September 1 st - 19th. Actual planting dates shall be determined by existing environmental conditions. The Sponsoring Business may propose planting schemes with flower varieties of their choosing or from the following flower varieties; Marigold, Petunia, Nicotiana, Statice, Nasturtium, Purple Fountain Grass, Verbena, Dusty Miller, Begonia, Impatiens, Pansy, Ornamental Cabbage, Lantana, Ornamental Kale, & Dianthus. The variety(s) of flowers selected for each bed area shall be coordinated with and approved by the Parks and Recreation Manager or his Agent. Shrubs and Groundcover Areas: Sponsoring Business shall be responsible for pruning of shrubs and groundcover areas, according to the following standards: A: Coniferous evergreen shrubs shall be pruned once per growing season as required to keep them within the planting area and as required to remove damaged or diseased branches. B: Broadleaf evergreen shrubs shall be pruned once per month to maintain an even but free form shape which complements the natural shape and growth patterns of the plant. Unless other wise specified, plants shall not be pruned into ball or box shapes. C: Deciduous shrubs shall be pruned as required to keep them within the planting area, to remove damaged or diseased branches, and to promote uniform growth patterns. Unless otherwise specified, they shall not be pruned into ball or box shapes. D: Pruning of trees shall be in accordance to City of Lubbock Ordinance No. 10130. E: Ground cover plantings of prostrate junipers or creeping vines shall be pruned as required to keep them within the bed area, to remove dead, diseased or damaged branches, or to control their vertical ascent. F: Pruning of Oaks shall commence after the occurrence of a minimum (2) hard freezes with temperatures in the middle twenties. G: Pruning of Oaks shall seize on March 1 in any given year. Turf Maintenance Standards: Sponsoring Businesses are responsible for the mowing of turf areas according to the following standards: A: Mowing frequency shall be once every seven (7) days. Turf shall be cut at a height of 1 1/2". The mowers shall leave no clumps or windrows of grass. B: All sidewalks and curbed plant material beds shall be edged. C: All string trimming must be done to achieve a height uniform with the mowing height. Hard Surface Maintenance Standards: Hard surface areas include pavers and concrete. Sponsoring Business shall maintain a weed -free surface on all hard surface areas. Fertilization: Sponsoring Business shall be responsible for applying sufficient fertilizer to promote vigorous plant health. Parks and Recreation can make recommendations on blends, timing of applications and quantities. Pesticide Application: Sponsoring Business shall be responsible for insuring that plant health and appearance is maintained by applying corrective insecticides, fungicides or other pesticides as required to control pest populations. The pesticide to be used shall be discussed with the Parks and Recreation Manager or his agent and not applied without written approval. At all times the individual applying the pesticide shall be licensed by the Structural Pest Control Board for the specific category involved. The applicator shall also be required to follow manufacturer's recommendations for product usage and all applicable State and Federal Laws concerning pesticide applications and container disposal. Watering: City shall provide water at no cost to the Sponsoring Business. City shall maintain water supply and water delivery systems. The Sponsoring Business is responsible to insure sufficient moisture is present to promote healthy vigorous plants. Litter Control: Sponsoring Business shall insure that all litter is removed weekly. Plant Removal/Additions: Sponsoring Business shall neither add nor remove plant material from without prior approval of City. Advertising General: The Sponsoring Business will purchase, install, and maintain advertising signs at each location. A: Each sign will not exceed 18 inches by 24 inches. The logo of the Sponsoring Business will be depicted on the sign. B: The Sponsoring Business, City and Texas Department of Transportation will mutually agree on the type and placement of all signs. C: No more than two signs shall be installed per quadrant.