1995-087E:\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 REPLACEMENTAND 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 approval.
PASSED AND APPROVED this the /~day of ~ , 1995.1~"/
BOB CASTLEBERRY, yO~-...~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP O~VED AS~TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
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 fo~
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.
/Governmental Agency
S~ Certified as being executed for the
purpose and effect of activating and/or
carrying out the orders, established
ignature / '~ policies, or work programs heretofore
/
approved and authorized by the Texas
Transportation Commission under the
By: /~)/1~ authority of Minute Order 100002
Title of Executing Official '
APPROVED-
Rober~ L Wilson' P E
By: Director, Design Division
-3- .Design Division
2-94
GOVERNMENTAL AGENCY
County: Denton
City:
BRIDGE No. B05224-001
CSJ: ~l A-n6-qAl
Location: Mayh(1] ~a ~h O~n~
O. rook
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 $ 2]0.000 = $
Estimated Indirect Cost = 6% x 7% x Estimated Construction Cost of
$ 210,000 = $ 8s2
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 PAYMRNT $' 2,696.40
· Est. Date due: Exec. Date + 30 days
'04-30-95 + 30 days= 05-30-95
Governmental Agency to pay 45 days prior to scheduled letting:
20% x (Estimated Construction Cost ) = Second Payment
20% x ( $210,000 ) =
SECOND PAYMENT $ 421000
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 0918-46-90l
Project cs
Road/StreetMavh~]] Road ¢~Co%~ner Creek
NBI Structure No. BoS22z~-~x~]~
' 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 City Counci~ and by virtue of the authority
shown on Exhibit A attached hereto and made a part hereof.
WITNESSETH
WHEREAS, the Governmental Agency is owner of a bridge located on a public
road or street within its jurisdiction atcoo~er CYeek on Mavhil l Rr~rt
-; and '
WHEREAS, under Title 23, United.States Code as amended by the Intermodal
Surface Transportation Efficiency Act of 1991 and subsequent Federal legi sl ation,
a program entitl ed Off-State System Federal -Aid Bridge Replacement
and Rehabilitation' Program has 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
ad3ustment of any and all utilities and services, whether publicly or privately
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 20~ 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 foun~ 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 o£ any other existing agreements and/or contracts between the
Governmental Agency and the Department. this agreement shall take precedence over
the other agreements and/or contracts.
-2- .'Des 1 gn Division
2-94
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:
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