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HomeMy WebLinkAbout2001-319S \Our Documgnts\0rdmanwsN01\Approva1 TxDot Landscape Agreement doc ORDINANCE NO Oi OOI 9 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO LANDSCAPE COST SHARING ALONG US 77 AND US 377 FROM OAK STREET TO HICKORY STREET, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager, or his designee, is hereby authorized to execute an agreement between the City of Denton and the State of Texas, acting by and through the Texas Department of Transportation in substantially the form of the agreement which is attached to and made a part of this ordinance for all purposes (the "Agreement'), relating to landscape cost sharing along US 77 and US377 from Oak Street to Hickory Street SECTION 2 The City Manager, or his designee, is authorized to make the expenditures as set forth in the Agreement SECTION 3 This ordinance shall become effective immediately upon its passage and approval / PASSED AND APPROVED this the day of �, 2001 ( ' b�- EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY U-M 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 Denton, acting through its duly authorized officials, as evidenced on the Resolution or Ordinance attached as Exhibit A, hereinafter called the "City" WITNESSETH WHEREAS, the State owns and maintains a system of highways, including US 77 and US 377, in Denton County, Texas, for public use and benefit, and WHEREAS, the City has requested State participation in a 2001 Landscape Cost Sharing Program protect along US 77 and US 377, from Oak Street to Hickory Street, hereinafter called the "Protect", and WHEREAS, the City has committed to cooperating with the State by providing a total non -cash contribution of $27,760 00 toward the completion of the Protect, which sum represents the agreed, fair -market value for providing all labor and equipment to install shrubs and ground covers, backfdl, mulch and pea gravel, irrigation system components, and planter pots, and bicycle racks, and WHEREAS, the City has committed to accept total protect maintenance for the life of the protect, and WHEREAS, the State finds that the City's request is in public interest and will not damage the highway facility, impair safety or otherwise restrict the operation of the highway facility, and WHEREAS, 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-of-way under such agreement ever be construed as abandonment by the State of such land acquired for highway purpose, and WHEREAS, Texas Transportation Commission Minute Order 107420, dated February 26, 1998, attached hereto and labeled EXHIBIT B authorizes the State to cooperate with the City in the development of the Protect by providing State funds which will be used to in accordance with the Protect 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 AGREEMENT 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 be incorporated into this Agreement by reference ARTICLE 3 Project Funding The total estimated cost of this portion of the Project is $55,404 00, and shall be funded jointly by the State and the City State funds in an amount estimated not to exceed $27,644 00, will be utilized to purchase approximately 646 5-gallon shrubs and 176 4"-pots of ground cover, 94 (cubic yards) CY of planting backfdl, 9 CY of mulch, 2 CY of pea gravel, 2 bicycle racks, 20 planter pots, and irrigation system components (from a list provided by the City) The City's total non -cash contribution is $27,760 00 and represents the agreed, fair -market, non -cash value for installing the above materials ARTICLE 4 Responsibility of the Parties A The City agrees to 1 Save harmless the State, its officers and employees from a all claims and liability due to the activities of itself, its agents, or employees performed under this contract and which are caused by or result from error, omission, or negligent act of the City or of any person employed by the City, and b any and all expense, including, but not limited to, attorney fees which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which may be imposed on the State as a result of such activities by the City, its agents, or employees The State shall have the right, at its own option and expense, to participate in the defense of any suit, without relieving to the City of any obligation hereunder 2 The City shall require any contractor to indemnify the State in the same manner that the City indemnifies the State in paragraph Al of this article 3 Furnish all labor and materials required to install the materials purchased by the State for the project 4 Furnish all labor and materials required to provide project maintenance for the project for the life of the project The maintenance of the landscape improvement shall continue to be the City's responsibility beyond the completion of the protect installation 5 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 traveling public while performing any work on the project under this agreement B The State agrees to Obligate State funds in the amount of $24,372 00 which will be utilized to purchase the following approximate quantities materials 646 5-gallon shrubs (Indian Hawthorn), 176 4"-pots of ground cover (Lantana), 94 (cubic yards) CY of planting backfdl, 9 CY of mulch, 2 CY of pea gravel, 2 bicycle racks, 20 planter pots and, irrigation system components (from a list provided by the City) 2 Prepare and submit requisitions for landscape material in accordance with existing statutes relating to the purchase of material with State funds 3 Furnish material, after receipt, to the City 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 1 The State will make recommendation of award for the bid or bids received for required landscape material as follows 2 If, after receiving bids for required landscape material, the cumulative total of the lowest bid or bids exceeds $24,372 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 materials to be furnished and resubmit the bids 3 If, after receiving bids for required landscape material, the cumulative total of the lowest bid or bids does not exceed $24,372 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 materials with any remaining State funds is in the best interest of the Project, the State will not purchase materials 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, such disputes shall be settled in accordance with Title 43, Texas Administrative Code, Section 1 68 et seq & Section 1 21 et seq 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 ARTICLE 9 Remedies Violation or breach of contract terms shall be grounds for termination of the Agreement, and any increased cost arising from the defaulting party's breach of contract or violation of terms shall be paid by the defaulting party 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 furnish the State with documentation of self-insurance 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 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 17, 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 parry. C. By either parry, upon the failure of the other parry 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. THE CITY OF DENTON - City of Denton Date: 'S4&{Y/ 'f o©l _ Attested by. 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. LIM R. Ison, P.E. as Dlistrict Engineer Date: o I S:\Our Documents\Ordinances\Ol M.] TxDot Landscape Agreementdoc • EXHIBIT ORDINANCE NO. O400I -9/ q AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO LANDSCAPE COST SHARING ALONG US 77 AND US 377 FROM OAK STREET TO HICKORY STREET; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute an agreement between the City of Denton and the State of Texas, acting by and through the Texas Department of Transportation in substantially the form of the agreement which is attached to and made a part of this ordinance for all purposes (the "Agreement'), relating to landscape cost sharing along US 77 and US377 from Oak Street to Hickory Street. SECTION 2. The City Manager, or his designee, is authorized to make the expenditures as set forth in the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2001. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY •Vtelvj•• nuv cc CUU1 "LL/ UU•U4 MI IYUVI rf1A 11V. C14 Wu UUI"J r. ue TEX40 TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER, Page I of 2 District VARIOUS WHEREAS, the UNIFIED TRANSPORTATION PROGRAM (UTP) of the Texas Department of Transportation ( the "depaitmenel is a ten-year plan which authorizes project phmnidg, development and construction; and WHEREAS, the UTP is submitted to the Texas Transportation Commission (the "commission") for approval on an annual basis; and WHEREAS, Minute Order 102992, dated November 30,1993, approved the handling of several of the categories of the UTP as bank balance programs; and WHEREAS, Minute Order 102992 also directed. that any future program amounts and allocation formulas for the bank balance allocation programs be returned to the commission for approval; and WHEREAS, this action is consistent with the 1997-2001 Strategic Plan strategy to plan, design, and manage highway projects; NOW, THEREFORE, IT IS ORDERED that the annual program amounts and allocation formulas listed in the following Exhibits be approved, and that projects be developed in these programs on an as -needed basis; Exhibit A - Category 2, Interstate Maintenance 2002 Interstate Rehabilitation Program Exhibit B - Category 3C, National Highway System 2002 National Highway System Rehabilitation Program Exhibit C - Category 4, Surface Transportation Program (STP) 2000 Federal Hazard Elimination Program 1999 Federal Railroad Signal Program 1993-2002 Supplemental STP Urban Mobility/RehabiIitation Program 2002 STP Urban/Rural Rehabilitation Program Exhibit D - Category 7, State Preventive Maintenance 2000 Preventive Maintenance Program Exhibit E - Category &A, State Farm to Market Roads ^ 2000 Farm to Market/Ranch to Market Road Rehabilitation/Restoration Program �( Exhibit F - Category 9, State Park Roads e�. 2001 State Park. Fish Hatcheries, Wildlife Management Area and Support Facility Program Exhibit G - Category 10, State Rehabilitation of Signs, Signals and Pavement Markings F—vmerr rem @1 am C Risk Manarenta t • 601 E MC&= * Denton. Terns 76105 Tehphone (940) 349-7836 • DFWMetro (971) 434-2259 • Fax (940) 349- 78 70 August 23, 2001 To Whom It May Concern: The City of Denton is a self -insured public entity as allowed by the State of Texas for General Liability, Auto/Mobile Equipment Liability, and Workers' Compensation. General Liability limits are established by the Texas Tort Claims Act as listed below: Property Damage $100,000 Bodily Injury $250,000 each person $500,000 each occurrence Claims for which the City is liable will be paid from the Risk Retention Fund established for that purpose. Information regarding filing a claim with the City can be obtained from the City Attorney's Office at City Hall, 215 E. McKinney, or by phone at (940) 349- 8333. Sincerely Robert A. Waggoner, ARM Risk Manager 940-349-7836 11