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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