Ordinance No. 8,242980326 -6
ORDINANCE NO. 8242
® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A RIGHT -OF -WAY
MAINTENANCE AGREEMENT WITH THE STATE OF TEXAS FOR
SUPPLEMENTAL MOWING SERVICES; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager and City Clerk of the City of Baytown to execute and attest to a Right -
of -way Maintenance Agreement with the State of Texas. A copy of said contract is attached
hereto, marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 26`h day of March, 1998.
PETE C. ALFA O, Mayor
ATTEST:
2
= EILEEN P. HAi- -.L, City Clerk
APPROVED AS TO FORM:
— - ---) ea:t'�
ACID RAMIREZ, SR., ty Attorney
0 c:kIh80\ council\ ordinan cesl StateSupp lernentalMowingContract .Ordinance
0
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THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
RIGHT -OF -WAY
MAINTENANCE AGREEMENT
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 City of Baytown, a
municipal corporation located in Harris and Chambers, Counties, Texas, acting by and through
its duly authorized officers, hereinafter called the "City."
WITNESSE-TII
WHEREAS, the State owns and maintains a system of highways, including SH 146 and IH 10 in
Harris County, Texas, for public use and benefit; and
WHEREAS, the City has requested the State's permission to provide supplemental right -of -way
Mowing and Lincr Removal in general conformance with the implementation schedule which is
attached hereto as EXHIBIT A, and incorporated herein for all intents and purposes, at its sole
cost and expense, at the intersections of:
1.
Sri 146 at Missouri St.,
2.
SH 146 at Decker Dr.,
3.
SH 146 at Business 146,
4.
SH 146 at West Main St_,
5.
SH 146 at Garth Road,
6.
SH 146 at Texas Ave.,
7.
SH 146 at North Main,
8_
IH 10 at North Main,
9.
IH 10 at John Martin,
10.1H 10 at Garth Road,
as well as SH 146 past the Fred Hartman bridge when entering the City, hereinafter collectively
referred to herein as the "Project" and as shown on FxHIBIT B, which is attached hereto and
incorporated herein for all intents and purposes; and
WHEREAS, the State finds that the City's request is in the public interest and will not damage
the highway facility, impair safety or otherwise restrict the, operation of the highway facility; and
EXHIBIT A.
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Vv HEREAS, it is understood that the State, by execution of this Agreement does not impair or
relinquish the State's right to use such land for right -of -way purposes when it is required for the
construction or reconstruction of the traffic facility for which it was acquired, nor shall use of the
right -0f -way under such Agreement ever be construed as abandonment by the State of such land
acquired for highway purposes_
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto be by thetas respectively kept and performed as hereinafter set
forth, the State and the City do mutually agree as follows:
AGREEN ENT
ARTICLE 1. Term of Agreement_
Subject to the provision of Article 10 below, this Agreement for the "Project" becomes effective
when finally executed by the State and shall terminate upon the first anniversary of the such
execution date. Should the City, at any time during the term of this Agreement, desire to
continue night-of-way mowing and litter removal past the then current one -year term, the State,
based upon satisfactory negotiations with the City, may execute supplemental agreements with
the City, granting such extensions provided that each supplemental agreement is executed for a
minimum one -y= extension term. it is contemplated that the State will approve such requested
time extensions if the City is performing its commitments under this Agreement.
ARTICLE 2. Project Funding_
All labor, material, equipment and incidentals required to provide supplemental right -of -way
mowing and litter removal witbin the Project limits shall be furnished by the City at the City's
sole cost and expense. However, it is expressly understood and agreed by both the State and the
City that services provided for the project is contingent upon funds being appropriated by the
City Council of the City of Baytown for the purpose of continuing the same. Should funds not be
appropriated, this Agreement shall become null and void and both patties shall be relieved of any
and all obligations hereunder without Iiabiliry to the other party or to an other person or entity.
ARTICLE 3. Responsibility of the Partirs:
A. The City agrees to:
1. Acknowledge that it is not an agent, servant, or employee of the State and that it is
responsible for its own acts and deeds or negligent acts and for those of its agents or
employees during the performance of the work authorized in this Agreement.
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2.
Coordinate the supplemental, mowing, debris removal, and litter control operations in
such a way as to be performed between the normal, scheduled mowing and litter control
operations by the State.
3.
Provide advance notice of supplemental mowing, debris removal, and litter control
operations to the State, to allow for coordination of the Project with other ongoing
roadway operations.
4.
That it is authorized, but not obligated, to perform supplemental mowing, debris removal,
and litter control on state right -of -way or project.
5.
Provide to the State for approval a Traffic Control Plan a minimum of two weeks prior to
performance of such work by City. Implementation of the Traffic Control Plan for the
Project shall be the responsibility of City or it contractor, at the sole cost and expense of
City.
6_
Provide, erect and maintain barricades, signs and traffic handling devices necessary to
protect the safety of the traveling public for of the Project. All placement of barricades,
signs and traffic handling devices must conform with the Texas Manual on Uniform
Traffic Control I)evices_
7.
Provide all labor, equipment, material and incidentals as may be required to provide right -
of -way supplemental mowing and litter removal associated with this Agreement for the
Project in accordance with the descriptive text, drawings and/or details previously
approved by the State.
B. The
State agrees to:
•
1. Continue to provide mowing, debris removal, and litter control consistent with District
policy and the Roadside Vegetation Management Manual.
2. Perform review and inspections, as appropriate, of the Project.
3. Coordinate with the City in determining the requirements of any barricades, signs and
traffic handling devices necessary to protect the safety of the traveling public for each
phase of the Project_
4. Allow the City and its agents (contractor) to utilize the right -of -way for all aspects of the
Project_
5. Coordinate with the Ciry in seeing up a schedule of routine State mowing, debris
removal, and litter control operations with the supplemental operations performed by
City.
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0 ARTICLE 4. Amendments.
Changes in time frame, character, or obligations herein shall be enacted by written amendment.
All amendments to this Agreement must be executed by both parties within the contract period
specif�cd in Article 1.
ARTICLE 5. Successors and Assigns.
The City shall not assign or otherwise transfer its rights and obligations under this Agreement
excepr with prior written consent of the State, and any prohibited assignment or transfer shall be
null and void_ Such written consent by the State shall not be unreasonably withheld.
ARTICLE 6. Remedies.
This Agreement shall not be considered as specifying the exclusive remedy for any default, but
all remedies e; istiug at law and in equity may be availed of by either party and shall be
cumulative.
ARTICLE 7. Insurance.
Prior to the start of any supplemental mowing and litter removal upon the State's right -of -way,
the City, shall require its contractor to complete and attach to each Agreement counterpart, a
completed Tx-DOT Certificate of Insurance in at least the minimum, amounts specified on
TxDOT Form 1560 (rev 12 -91), for Worker's Compensation, Commercial General Liability,
Texas Business Automobile Policy and Umbrella Policy (if applicable). The City's contractor,
shall maintain insurance coverage in conformance with the latest requirements as specified in
TxDOT Form 1560, and shall furnish the Statc with an updated Certificate of Insurance prior to
expiration of existing insurance coverage.
ARTICLE S_ Work Outside the Right -of -Way.
The City shall not pursuant to this Agreement perform any ruowing and litter removal outside of
The State's right -0f - -way unless approval is received from the owner of the adjacent property.
ARTICLE 9. Gratuities.
Tcxas Department of 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 Agreement. The only exceptions
allowed are ordinary business lunches and items that have received advanced written approval of
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® the Texas Department of Transportation Engineer- 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 Departmental employees, except as mentioned here above.
Failure on the part of the City to adhere to this policy may result in the tenminadon of this
Agreement.
0
ARTICLE 10. Termination.
This Agreement may be terminated with or without cause in any of the following manners:
A. By mutua] written aggreement and consent of both parties.
B. By the City upon thirty days written notice to the State.
C. By the State, providcd that the State has given the City thirty days written notice_
D. By satisfactory prosecution of all services and obligations described herein upon the
anniversary of the final execution date.
Should this Agreement terminate poor to the one -year period established in Article 1, the
City will be responsible for the payment of any debts which may have been incurred by
the City in conjunction with the Project prior to the termination of this Ageement.
ARTICLE 11. Control and Ownership of Highway Right -of -Way.
The State does not purport to convey or assign any interest or right of ownership of the highway
right -of -way to the City, its successors or assigns.
ARTICLE 12. Notices.
All notices to either party by the other under this Agreement shall be dchvered personally or sent
by certified or registered U.S. mail, postage prepaid, addressed to such party at the following
addresses:
City of Baytown
P.O. Box 424
Baytown, Texas 77522-0424
Attu: City Manager
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• Texas Department of Transportation
7721 Washington Avenue
P. O_ Box 1386
Houston, Texas 77251 -1386
v
Attn: Houston District Engineer
and Shall be deemed given on the date so delivered or received, unless otherwise provided herein.
Eith..er -party hereto may change the above by sending written notice of such change to the other in
the znanrer provided for above.
ARTI= 13. Compliance with Laws.
The parties hereto shall comply with all federal, state and local laws, statutes, ordinances, rules
and regulations, and the orders and decrees of any court or administrative bodies or tribunals in
any matter affecting the performance or obligations of this Agreement.
ARTICLE 14. Legal Construction.
In case any one or more of the provisions contained in this Agreement shall for any reason be
held invalid, illegal or unenforceable in any respect, such invalidity, illegality, or uncnfonceability
in any respect shall not affect any other provision thereof and this Agreement shall be construed
as if such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 15_ Prior Agreements Superseded.
This agreement superseded any prior understandings or written or oral agreements between the
parties respecting the within subject matter_
ARTICLE 16. Authorized Signatory.
The undersigned signatory of the City hereby represents and warrants that he is an officer of the
organization for which he has executed this Agreement and that hz has full and complete
authority to enter into this Agreement on behalf of the City.
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®IN WITNESS WHEREOF, the State and the City have executed triplicate counterparts to
effectuate this Agreement.
CITY OF BAYTOWN THE STATE OF TEXAS
I:
ATTEST:
0
(Signature)
(Printed Name)
(Title)
(Date)
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Executed for the purpose and effect of
activating and/or carrying out the orders,
established policies or work progra=
heretofore approved and authorized by the
Texas Transportation Commission under
the authority of Minute Order 100002.
Gary K_ Trietsch, P.E.
Houston District Engineer
(Date)
•
:7
]Exhibit A -
Implementat~on Schedule
The City of Baytown wW at its desecration mow the right--of way at following intersections:
1.
SH 146 at Missouri St.,
2.
SH 146 at Decker Dr.,
3.
SH 146 at Business 146,
4.
SH 146 at West Main St.,
5.
SH 146 ai Garth Road,
6.
SH 146 at Texas Ave.,
7.
SH 146 at North Main,
s.
IH 10 at North Main,
9.
IH 10 at John Martin,
10.
IH 10 at Garth Road,
The mowing will be done between the Texas Department of Transportation (TxDOT) regular
mowing cycles. The City will coordinate the exact schedule with the East Harris Area office.
The City of Baytown will at its discretion perform mowing only around the new sign,
approximately one acre, starting with the Highway split ten feet (1.0') behind the last planter.
TxDOT will be responsible for the rest of the landscaped area
•
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Exhibit B
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