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Home My WebLink About1995-087E:\WPDOCS\ORD\BRIDGE.REH ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR BRIDGE REPLACEMENT AND REHABILITA- TION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Texas Department of Transportation for bridge replacement and rehabilitation, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the expenditure of funds as authorized in the attached agreement is hereby authorized. SECTION III. That this ordinance shall become effective immediately upon its passage and approv 1. PASSED AND APPROVED this the / day of 1995. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY- APPITOVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: 7. Upon completion of the project, the Governmental Agency agrees to accept ownership and operate and maintain the facility authorized by this agreement for the benefit of the public without charge. 8. The Governmental Agency acknowledges that while not an agent, servant, or 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 authorized in this contract. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the date herein stated. 76y /Governmental Agency AL!Si gon'a t 4ur e Mi VO4 litle ot Executing 1 ATTEST: �rrgnature it e i 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 under the authority of Minute Order 100002. APPROVED: By: /)/d73 J Robert i son,P.E. Director, Design Division Date: 3 ,Design Division 2-94 GOVERNMENTAL AGENCY County: Denton City: r)Ani-nn BRIDGE No. B05224-001 CSJ : C1Q1 R-46-901 Location: maybi 11 RnaA at Cooper Crack ESTIMATED COST BREAKDOWN OFF SYSTEM BRIDGES Estimated Construction Cost = $ 210,000 Federal Participation = 80% Local Participation = 20% Estimated Preliminary Engineering Cost = 6% x Estimated Construction cost of $ 210.000 = $ 12,6W Estimated Indirect Cost = 6% x 7% x Estimated Construction Cost of -U Governmental Agency to pay within 30 days of agreement execution: 20% x (Estimated Preliminary Engineering Cost + Estimated Indirect Cost) = First Payment 20% x ( $_ 12,600 + $ 882 ) _ FIRST PAYMENT Est. Date due: '04-30-95 + Governmental Agency to pay 45 days prior 20% x (Estimated Construction Cost ) = 20% x ( $ 210,000 ) _ $- 2,696.40 Exec. Date + 30 days 6 - i �; > 30 days= 05-30-95 to scheduled letting: Second Payment SECOND PAYMENT $ 42,000 Est. Date Due: Est. Let. Date - 45 days 06-10-96 - 45 days = 04-26-96 Prepared By Date NOTE: FIGURES AND DATES SHOWN ARE FOR BUDGETING..AND ARE SUBJECT TO CHANGE. ORIGINAL County Denton CSJ 091$-46-901 Project CS Road/Street Road c� coYr�r Creed: NBI Structure No. BoK9,24—w1 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATION OFF THE STATE SYSTEM THIS AGREEMENT, made on the date shown hereinafter, by and between the Texas Department of Transportation, hereinafter called the "Department and the City of Denton , a local government, or governmental agency or entity, hereinafter called the "Governmental Agency" acting by and through its cit co i and by virtue of the authority shown on Ex 1t attac e ereto an ma e a part hereof. W I T N E S S E T H WHEREAS, the Governmental Agency is owner of a bridge located on a public road or street within its jurisdiction at an WHEREAS, under Title 23, United States Code as amended by the Intermodal Surface Transportation Efficiency Act of 1991 and subsequent Federal legislation, a program entitled Off -State System Federal -Aid Bridge Replacement and Rehabilitation Program been approved by the Texas Transportation Commission and said bridge is included in this program: and WHEREAS, it is incumbent upon the Department to assure accomplishment of this work. AGREEMENT NOW, THEREFORE, in consideration of the premises and of mutual covenants and agreements of the parties hereto to be by them respectively kept and performed. as hereinafter set forth, it is agreed as follows: 1. The Governmental Agency hereby authorizes the Department or its contracted consultant and Department's contractor to enter on the site of said bridge and adjacent right of way or relocation right of way to perform surveys. inspection. construction and other purposes necessary to replace or rehabilitate said bridge and approaches. 2. The Governmental Agency agrees to provide, at its expense, the necessary adjustment of any and all utilities and services. whether publicly or privately 1 Design Division 2-94 owned, as may be necessary to permit the work authorized herein. Existing utilities will be adjusted in respect to location and type of installation in accordance with requirements of the Department. 3. The Governmental Agency agrees to provide 20% of the actual construction cost of the bridge replacement or rehabilitation project including preliminary engineering and construction engineering, or that portion of the cost of the project not reimbursable by the Federal Highway Administration. This amount also includes compensation to the State for work performed under this agreement based upon direct labor, equipment, material and other direct expenditures; and indirect costs at the rates in effect for the fiscal years during which the work is accomplished. The indirect cost rate will be based on the Texas Department of Transportation's Indirect Cost Plan.- The Governmental Agency further agrees to acquire, at no cost to the Department, any additional right of way, if required. Within 30 days following execution of this agreement the Governmental Agency agrees to pay to the Department by check made payable to the Texas Department of Transportation an amount equal to 20X of the estimated cost of the preliminary engineering for the project plus the estimated indirect costs to the Department for performance of that service. Forty-five days prior to the Department's scheduled date for the contract letting, the Governmental Agency agrees to pay to the Department an amount equal to the remainder of the Governmental Agency's obligatory 20% participation in the project including indirect costs on that remaining participation. If, at any time during plan development or construction of the project, it is found that the amount received is insufficient to pay the Governmental Agency's obligation, then the Department shall immediately notify the Governmental Agency which shall promptly transmit the required amount to the Department. After the project is completed, the actual cost will be determined by the Department, based on its standard accounting procedures, and any excess funds paid by the Governmental Agency shall be returned to the Governmental Agency. 4. If. after execution of the agreement, the Governmental Agency elects to terminate the project, the Governmental Agency shall be responsible for those eligible expenses incurred by the State which are attributable to the project. 5. As part of preliminary and construction engineering, the Department will prepare or provide for the construction plans, advertise for bids and let the construction contract, or otherwise provide for the construction and will supervise the construction or reconstruction as required by the plans. It is mutually agreed that as the project is developed to the construction stage, both parties shall approve the plans by signature approval thereon, and a copy of such plans will be attached hereto, marked "Exhibit B", and made a part hereof. 6. In the event the terms of this agreement are in conflict with the provisions of any other existing agreements and/or contracts between the Governmental Agency and the Department, this agreement shall take precedence over Lhe other agreements and/or contracts. 2 4)esign Division ?-94 nit � �ntr FDA RN ff Texas Department of Transportation P.O. BOX 3067 • DALLAS, TEXAS 75221-3067 • (214) 320-6100 2624 W. Prairie, Denton, Texas 76201 May 30, 1995 Control: 0918-46-901 Mayhill Road at Cooper Creek Structure No: B05224-001 County: Denton Mr. Lloyd Harrell City Manager City of Denton 215 E. McKinney Denton, TX. 76201 Dear Mr. Harrell: ,ID -V' "Y QTY OF 0EW6T Attached is the executed Construction and Maintenance Agreement for the above project. Please note that the date of the agreement is May 16, 1995, which has a bearing on compliance with the requirements of paragraph three. The City is required to pay to the Department the amount of $ 2,696.40 by June 15, 1995. If you have any questions please contact David L. Hensley, P.E. at (817) 387-1414. Sincerely, Claud P. Elsom III, P.E. Area Engineer An Equal Opportunity Employer