1997-117 ORDINANCE NO. ~ 7 "//q
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 ts hereby authorized to execute an agreement with
the State of Texas, acting through the Texas Department of Transportation, for the reconstruction
and widening ofU S I-hghway 377 from Interstate I-hghway 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 ~/~,, f ,1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
AP~OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
COUNTY: Denton
CSJ' 0051-04-028
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 Transportatton, hereinafter called the State, and the City of Denton
acting by and through tts 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 stxeets, roads, and highways that
comprise the State Highway System, and,
WHEREAS, Conumsslon Minute Order Number 104910 authorizes the State to undertake and
complete a lughway unprovement generally descnbed as construction of a s~x lane d~wded urban
facility, and,
WHEREAS, the Outside Entity has requested that the State allow the Outstde Entity to
par~lcipate m smd unprovement by funding that portion of the tmprovement descnbed as
construction of a six lane dixqded urban fac~hty, hereto al~er called the "ProJect", and,
WHEREAS, the State has determined that such participation Is m the best interest of the cit~zans
&the State, and,
NOW THEREFORE, m consideratton 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 Enttty agree as follows
Page 1 of 5
COUNTY' Denton
CSJ' 0081-04-028
PROJECT: CD 81-4-28
ARTICLE 1. TIME PERIOD COVERED
Thts agreement becomes effective when signed by the last party whose s~gmng makes the
agreement fully executed, and the State and the Outside Entity consider tt to be tn full force end
effect until the Project described heretn has been completed and accepted by all paxttes or
unless temunated as heretnafter provlded
ARTICLE 2. PROJECT FUNDING
The State will authorize construction of only those ProJect ~tems of work which the Outstde
Entity has requested end has agreed to pay for as descnhed tn Payment Provision and Work
Respons~bflmes, Attachment A, which ts attached to end made a part of th~s contract In addmon
to ~dent~fytng those items of work pard for by payments to the State, Payment Provlston and
Work Responslbtht~es, Attachment A, also spectfies those ProJect ttems of work that are the
responstbihty of the Outstde EnUty and wall be earned out and completed by the Outside Entity
at no cost to the State
Texas Government Code, Chapter 2106 reqmres the State to recover tndtrect costs assoctated
wath th~s agreement The mdtrect cost wall be calculated based on prevafltng rates as detenmned
through the State's Indirect Cost Recovery Program
ARTICLE 3. TERMINATION
Th~s agreement may be terminated m the followang manner
mutual written agreement and consent of both pames
or, by either party upon the failure of the other party to fulfill the obhgattons set
forth heretn
or, by the State ff tt determines that completion of the ProJect ts not tn thc best tntcrcst of
the State
If the contract ts temunated tn accordence wath the above prowstons, the Outstde Entity wall be
responstble for the payment of ProJect costs tncurred by the State on behalf of the Outside Entity
up to the tune of tenntnat~on
ARTICLE 4. RIGHT OF ACCESS
If the Outstde Entity ts the owner ofeny pat~ of the ProJect site, the Outstde Entity shall pemut
the State or tts authorized representattve access to the stte to perform any acttwt~es reqmred to
execute the work. The Outside Entity wall pmwde for all necessary right-of-way end utthty
adjustments needed for pc~rformence of the work on s~tes not owned or to be acqtnred by the
State Page 2 of 5
COUNTY' Denton
CSJ' 0081-04-028
PROJECT: CD 81-4-28
ARTICLE 5. RESPONSIBILITIES OF THE PARTIES
The Outstde Enttty acknowledges that whale tt zs not an agent, servant, nor employee of the
State, xt ts responsxble for tts own acts and deeds and for those ofzts 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 m confltct wnth the provxstons of any other extstmg
agreements between the Outside Enttty and the State, the latest agreement shall take precedence
over the other agreements m matters related to the Project
ARTICLE 7. SUCCESSORS AND ASSIGNS
The State and the Outstde Enmy each brads ttself, zts successors, executors, asszgns, and
admmtstxators to the other party to this agreement and to the successors, executors, asstgns, and
administrators of such other party tn respect to all covenants ofthts agreement
ARTICLE 8. AMENDMENTS
By mutual wrttten consent of the pames, the scope of work and payment prowstons ofthts
contract may be amended prior to the exprratton of thts contract
ARTICLE 9. INTEREST
The State v~ll not pay tnterest on funds provaded by the Outstde Enttty Funds provzded by the
Outside Enttty will be depostted into, and retained m, the State Treasury
ARTICLE 10. INSPECTION AND CONDUCT OF WORK
Unless othervnse spectfically stated tn Attachment "A", Payment Prowston and Work
Responslbthttes, to this contract, the State will supenasc and respect all work performed
hereunder and pro,nde such engineering mspectton and testing serwces as may be requtred to
ensure that the cons~a'uct~on ts accomphshed m accordance w~th the approved plans and
spectfications All correspondence and instructions to the contractor performing the work roll be
the sole responstb~hty of the State Unless otherwise spectfically stated tn Attachment "A" to
thxs contract, all work w~ll be performed m accordance voth the "Standard Spectficatlons for
Construction and Mamtenence ofHtghways, Slreets, and Bridges" adopted by the State and
incorporated hereto by reference, or special specifications approved by the State
Page 3 of 5
COUNTY Denton
CSJ. 0081-04-028
PROJECT: CD 81-4-28
ARTICLE 11. INCREASED COSTS
In the event it is det~nuned that the funding promded by the Outside Entity ,mil be insufficient to
cover the State's cost for performance of the Outside Entlty's requested work, the Outside
Entity will pay to the State the additional funding necessary to cover the antmipated additional
cost The State shall send the Outside Entity a written notification stating the mount of
addmonal funding needed and stating the reasons for the needed additional funds The Outside
Entity shall pay the funds to the State w~thm 30 days of the written notification, unless otherwse
agreed to by all parties to this agreement. If the Outside Entity cannot pay the additional funds,
this contract shall be mutually terrmnated m accord with Article 3 - Terrmnatlon If this is a fixed
pace agreement as specified in Attachraent "A", Payment Provision and Work Responsthlhttes,
tlus provision shall only apply m 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 anthonty to enter into this agreement
on behalf of the orgamzation they represent
Page 4 of 5
COUNTY' Denton
CS J: 0081-04-028
PROJECT: CD 81-4-28
IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed
duphcate counterparts to effectuate this agreement
THE STATE OF TEXAS
Certtfied as being executed for the purpose and effect of act~vatmg and/or canymg out the orders,
estabhshed pohctes, or work programs heretofore approved and anthonzed by the Texas
Tran~atton Comrmsston under the anthonty of M~nute Order 100002
THE OUTSIDE ENTITY
Name of the Outrode Entity City of Denton
Typed or Pnnted Name and T~tl~ Ted BenavJ. des, Cxty Manager
For the purpose of thts agreement, the addresses of record for each party shall be
For the Outrode Enttty For the Texas Department of Transportatmn
215 East Mcl~mney 2624 West Prame
Denton, Texas 76201 Denton, Texas 76201
Page 5of5
COUNTY' Denton
CS J: 0081-04-028
PROJECT: CD 81-4-28
ATTACHMENT "A"
PAYMENT PROVISION AND WORK RESPONSIBILITIES
Description of the Cost of the Items of Work
The State wall be responsible for the constructton of a SlX lane dlwded urban facility for
U S 377 from I H 35E to Collins Street in the City of Denton
The Outside Enttty's cost for ~ts port,on of thc work ~s $1,350,000 00 which includes
contmgcncxes, constmctton engineering, mdtrect and construction cost at the rate m effect
for the year the proposed work is to be completed
Schedule of Payment
Upon executton of thts agreement, the Outside Entity wall renut a check or warrant made
payable to the Texas Depa~ tment of Transportatmn m the amount of $1,350,000 00 to be
used m payment for the proposed work reqmred by the Outside Enttty
Page 1 of 1