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HomeMy WebLinkAbout1997-117ORDINANCE NO.? I - III AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CONTRIBUTION OF FUNDS FOR THE RECONSTRUCTION OF U S HIGHWAY 377 BETWEEN INTERSTATE HIGHWAY 35E AND COLLINS STREET, AUTHORIZING THE EXPENDITURE OF FUNDS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute an agreement with the State of Texas, acting through the Texas Department of Transportation, for the reconstruction and widening of U S Ihghway 377 from Interstate Ihghway 35E to Collins Street SECTION II That the City Council hereby authorizes the expenditure of funds in the amount of $1,350,000 00 as specified in the agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ( 1 1997 JACP4ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY •VED AS TO LEGAL FORM COUNTY: Denton CSJ• 0081-04-028 PROJECT : CD 81-4-28 HIGHWAY: U.S.377 ADVANCE FUNDING AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF DENTON THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Denton acting by and through its designated officials, hereinafter called the Outside Entity WITNESSETH WHEREAS, Transportation Code §201 et seq and Transportation Code §221 001 authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System, and, WHEREAS, Commission Minute Order Number 104910 authorizes the State to undertake and complete a highway improvement generally described as construction of a six lane divided urban facility, and, WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to participate in said improvement by funding that portion of the unprovement described as construction of a six lane divided urban facility, herem after called the "Project", and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State, and, 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 as hereinafter set forth, the State and the Outside Entity agree as follows Page 1 of 5 COUNTY- Denton CSJ• 0081-04-028 PROJECT: CD 81-4-28 ARTICLE 1. TIME PERIOD COVERED This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Outside Entity consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated as hereinafter provided ARTICLE 2. PROJECT FUNDING The State will authorize construction of only those Project items of work which the Outside Entity has requested and has agreed to pay for as described in Payment Provision and Work Responsibilities, Attachment A, which is attached to and made a part of this contract In addition to identifying those items of work paid for by payments to the State, Payment Provision and Work Responsibilities, Attachment A, also specifies those Project items of work that are the responsibility of the Outside Entity and will be earned out and completed by the Outside Entity at no cost to the State Texas Government Code, Chapter 2106 requires the State to recover indirect costs associated with this agreement The indirect cost will be calculated based on prevailing rates as determined through the State's Indirect Cost Recovery Program ARTICLE 3. TERMINATION This agreement may be terminated in the following manner ♦ mutual written agreement and consent of both parties ♦ or, by either party upon the failure of the other party to fulfill the obligations set forth herein ♦ or, by the State if it determines that completion of the Project is not in the best interest of the State If the contract is terminated in accordance with the above provisions, the Outside Entity will be responsible for the payment of Project costs incurred by the State on behalf of the Outside Entity up to the time of termination ARTICLE 4. RIGHT OF ACCESS If the Outside Entity is the owner of any part of the Project site, the Outside Entity shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. The Outside Entity will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State Page 2 of 5 COUNTY- Denton CSJ• 0081-04-028 PROJECT: CD 814-28 ARTICLE 5. RESPONSIBILITIES OF THE PARTIES The Outside Entity acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project ARTICLE 6. SOLE AGREEMENT In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Outside Entity and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project ARTICLE 7. SUCCESSORS AND ASSIGNS The State and the Outside Entity each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement ARTICLE 8. AMENDMENTS By mutual written consent of the parties, the scope of work and payment provisions of this contract may be amended prior to the expiration of this contract ARTICLE 9. INTEREST The State will not pay interest on funds provided by the Outside Entity Funds provided by the Outside Entity will be deposited into, and retained in, the State Treasury ARTICLE 10. INSPECTION AND CONDUCT OF WORK Unless otherwise specifically stated in Attachment "A", Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the construction is accomplished in accordance with the approved plans and specifications All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State Unless otherwise specifically stated in Attachment "A" to this contract, all work will be performed in accordance with the "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" adopted by the State and incorporated herein by reference, or special specifications approved by the State Page 3 of 5 COUNTY Denton CSJ. 0081-04-028 PROJECT: CD 814-28 ARTICLE 11. INCREASED COSTS In the event it is determined that the funding provided by the Outside Entity will be insufficient to cover the State's cost for performance of the Outside Entity's requested work, the Outside Entity will pay to the State the additional funding necessary to cover the anticipated additional cost The State shall send the Outside Entity a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds The Outside Entity shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Outside Entity cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 3 - Termination If this is a fixed price agreement as specified in Attachment'W', Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Outside Entity ARTICLE 12. SIGNATORY WARRANTY The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the organization they represent Page 4 of 5 COUNTY- Denton CSJ: 0081-04-028 PROJECT: CD 814-28 IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this agreement 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 Tra ortaation Commission under the authority of Minute Order 100002 THE OUTSIDE ENTITY Name of the Outside Entity City of Denton 0 Typed or Printed Name and Title Ted Benavides, City Manager For the purpose of this agreement, the addresses of record for each party shall be For the Outside Entity For the Texas Department of Transportation 215 East McKinney 2624 West Prairie Denton, Texas 76201 Denton, Texas 76201 Page 5 of 5 COUNTY- Denton CSJ: 0081-04-028 PROJECT: CD 814-28 ATTACHMENT "A" PAYMENT PROVISION AND WORK RESPONSIBILITIES Description of the Cost of the Items of Work The State will be responsible for the construction of a six lane divided urban facility for U S 377 from I H 35E to Collins Street in the City of Denton The Outside Entity's cost for its portion of the work is $1,350,000 00 which includes contingencies, construction engineering, indirect and construction cost at the rate in effect for the year the proposed work is to be completed Schedule of Payment Upon execution of this agreement, the Outside Entity will remit a check or warrant made payable to the Texas Department of Transportation in the amount of $1,350,000 00 to be used in payment for the proposed work required by the Outside Entity Page 1 of 1