HomeMy WebLinkAbout2000-127P \slieredVbpV.GLWur OOculnWl.\ONIn.wMONTt0o41 ]d dw
ORDINANCE NO aV _ / � 7
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND STATE OF
TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION TO
PROVIDE FOR ADVANCED FUNDING FOR CERTAIN COLOR TEXTURIZED
CONCRETE CURBS FOR THE I-35 PROJECT, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The City Manager or his designee is authorized to execute an agreement
between the City of Denton, Texas and the State of Texas, acting through the Texas Department
of Transportation, to provide for advanced funding for certain color texturized concrete curbs for
the I-35 Project, under the terms and conditions contained within this Agreement, which is
attached hereto and made a part hereof
SgQIO This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the H'�n day of 2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY 1)e*14
aJ
APPROVED AS TO LEGAL FORM
HERBERT L PRQyTY, CITY4TTORNES
EM
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
County Denton
Highway IH 35 E
CSJ 0195-03-048, etc
Project Number BR 98 (453)
ADVANCE FUNDING AGREEMENT FOR STANDARD
HIGHWAY IMPROVEMENT PROJECTS
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas
Department of Transportation, hereinafter called the STATE, and City of Denton, acting by and
through its duly authorized officers, hereinafter called the OUTSIDE ENTITY
WITNESSETH
WHEREAS, Transportation Code Chapter 201 et seq and Transportation Code Chapter 221 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 107615 authorizes the STATE to undertake and
complete a highway improvement generally described as The construction of the widening of a
Freeway facihty and r@place bridges and approaches, 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 improvement described as The
construction of Color-Texturized Concrete Curbs as shown in Exhibit A, hereinafter called the
"PROJECT", and,
WHEREAS, on the 4a' day of April 2000, the City of Denton passed Ordinance No 2000-127,
attached hereto and identified as Exhibit B, authorizing the OUTSIDE ENTITY's participation in the
development and construction of the PROJECT, and,
WHEREAS, the STATE has determined that such participation is in the best interest of the citizens of
the State,
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual convenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the
STATE and the OUTSIDE ENTITY do agree as follows
Page 1 of 4
County
Highway
CSJ
Project Number
Article 1. Time Period Covered
Denton
11135E
0195-03-048, etc
BR 98 (453)
This agreement becomes effective when signed by the last party whose signing makes the agreement fully
executed, and the STATE and the OUTSIDE ENTITY will 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 the performance 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, Attachment A, Payment Provision
and Work Responsibilities, also specifies those PROJECT items of work that are the responsibility of the
OUTSIDE ENTITY and will be carved out and completed by the OUTSIDE ENTITY, at no cost to the
STATE
Article 3 Termination
This agreement may be terminated in the following manner
by mutual written agreement and consent of both parties
by either party upon the failure of the other party to fulfill the obligations set forth herein
by the STATE if it determines that the performance of the PROJECT is not in the best interests
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
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
2 of 4
County
Highway
CSJ
Project Number
Article 6. Sole Agreement
Denton
IH35E
0195-03-048, etc
BR 98 (453)
In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between the local 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, 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
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 A, Payment Provision and Work Responsibilities, this provision shall only apply
3 of 4
County Denton
Highway IH 35 E
CSJ 0195-03-048, etc
Project Number BR 98 (453)
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 entity they represent
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 Transportation
By
Ja:
THE
Name
By
I
ATTEST
R Nelsbn, PE, Distnct Engineer
OUTSIDE ENTITY
W lez,(City Manager
Ir
-
, 11
B _Date
7enmf K Walters, City Secretary
For the purpose of this agreement, the addresses of record for each party shall be
THE OUTSIDE ENTITY
Michael W Jez
City Manager
The City of Denton
215 East McKinney
Denton, TX 76201
4 of 4
THE STATE OF TEXAS
Claud P Elsom III, PE
Area Engineer
Denton County
2624 West Prairie
Denton, TX 76201
FROM CIT �jiuq�ni ...w,wwwrcaNIT,N.'„a„ FAX NO 1 9403498596
04-27-00 14,05 P 81
EXHIBIT B
ORDINANCE NO A22 - r ,� -7
I
u
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND STATE OF
TPXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION TO
PROVIDE FOR ADVANCFD FUNDING FOR CERTAIN COLOR TEXTURIZED
CONCRETE CURBS FOR THE I.35 PROJECT, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
"SECTION t The City Manager or his designee Is authorized to execute an agreement
between the City of Denton, Texas and the State of Texas, acting through the Texas Department
of Transportation, to provide for advanced funding for certain color textun7ed concrete curha for
the I-35 Project, under the terms and conditions contained within this Agreement, which is
attached hereto and made a part hereof
SECTION 2 this ordinance shall become effective immediately upon its passage and
approval PASSED AND APPROVED this the WLh day of � , 2000
"�L%� '.•ram �...r.
RMAYOR
ATTEST
JENNIFER WALTER$, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L P I rY, CITY ATTORNEY
BY
County
Highway
CSJ
Project Number
Attachment A
Payment Provision
and
Work Responsibilities
1 Description of the Cost of the Items of Work
Denton
IH 35 E
0195-03-048, etc
BR 98 (453)
The State shall be responsible for widening the existing Freeway facility and replace the bridges and
approaches
The City of Denton shall be responsible for the additional costs incurred for miscellaneous curb
construction, i e color-textunzed concrete curb construction These costs are itemized in Attachment C,
which is made a part of this Agreement
2. Schedule of Payment
Upon final execution of this agreement by the STATE, the OUTSIDE ENTITY shall present a check or
warrant made payable to the "Texas Department of Transportation" in the amount of $25,560 00, which
does not include construction engineering and contingencies Construction engineering and contingencies
will be calculated at the rate in effect for the year the proposed work is to be completed
In the event the funding provided by the OUTSIDE ENTITY is insufficient to cover the OUTSIDE
ENTITY's portion of the PROJECT construction cost as established heremabove, the OUTSIDE ENTITY
will within thirty (30) days from receipt of the STATE's written notification provide the additional
construction funding to fully cover that portion of the OUTSIDE ENTITY's construction participation
3. Actual Cost Agreement
The OUTSIDE ENTITY shall be responsible for the costs associated with right-of-way acquisition, utility
adjustments, preliminary engineering and plan preparation, and construction
Upon completion and acceptance of the services established herein, the STATE will prepare a final audit
of all costs for which it has incurred Upon completion of the audit, any remaining funds due the
OUTSIDE ENTITY will be promptly returned
1 of 2
On State System
X On Principal Arterial Street System (Pass)
Off State System
Estimated quantity
Unit Price
Construction Cost
County
Denton
City
Denton
CSJ
0195-03-048
Project Number
BR 98 (453)
Limits
At Overpass of US 377
ATTACHMENT `C"
Estimated Cost Breakdown
100% City Funded
639 00 m3
$ 40 00/ m3
25 560.00
2 of 2
03/01/2000
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