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2016-163S:\Legal\Our pocuments\Ordinances\16\Maintenance Agreement Ordinance.docx ORDINANCE NO. 2016-163 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING AUTHORIZATION FOR AND R.ATIFICATION OF A MUNICIPAL MAINTENANCE AGREEMENT WITH THE TEXAS DEPARTMENT OF TR.ANSPORTATION FOR THE PURPOSE OF PROVIDING ALL REQUIRED NON-ROADWAY MAINTENANCE AND ESTABLISHED PAYMENT AMOUNTS TO THE CITY FOR CERTAIN RIGHTS-OF-WAY OF STATE HIGHWAY ROUTES; 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 ratify and execute the Municipal Maintenance Agreement, attached hereto and incorporated herein, and to carry out the duties and responsibilities of the City under the Agreement, including the expenditure of funds as provided in the Agreement. SECTION 2. This ordinance shall become effective immediately upon its passage and approval, ...���.._...m... PASSED AND APPROVED this the ,����"� day of ��'� ���,n�. ��r 2016. �� � ; � ` � ,�'���, ; � ,� � � ,� � � ,�, CHRIS WATTS .� ������ �� �������� � , . YO �� °'��� ATTEST: JENNIFER WALTERS, CITY SECRETARY ,� � � � �.�. BY: " ��� -� ��.,�...�.�...__ _. .... �; .� �� APPROVED AS TO LEGAL FORM; ANITA BURGESS, CITY ATTORNEY ���� ��.�,..,.. � BY: STATE OF TEXAS § COUNTY OF TRAVIS § , � � w, � � � � WHEREAS, on the 2 day of May 2016, the Texas Department of Transportation, the "State", and the City of Denton, the "City" entered into a Municipal Maintenance Agreement amendment intended to cover and provide for State participation in the maintenance of state routes within the City; and WHEREAS, the State, under the aforementioned Agreement, provides mowing and litter clean up maintenance of approximately 71 acres. (FM 426, FM 1830, FM 2164 and FM 2181) WHEREAS, the State, conducts this mowing and litter control maintenance through its mowing and litter control contractors; and WHEREAS, the City desires to perform additional mowing and litter control maintenance on the aforementioned state routes; and WHEREAS, the City and the State agree to amend the existing Municipal Mainfienance Agreement. AGREEMENT NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, the City and State do mutually agree to the amendment as follows: State's Responsibilities (Non-ControlledAccess) 2. Reimburse the City for mowing and cleaning up litter for the entire right- of-way width. Reimbursement shall be limited to 3 mowing cycles per year (in approximately May, August, and November), and up to 1 litter cycle per year (FM 426 and FM 2164 only). The rate of reimbursement shall be based on the average 2015 mowing and litter pick up costs for Denton County. The average cost for each cycle was $29.00/acre for mowing and $9.53/acre for litter clean up. Reimbursement may be further limited if the State adopts a statewide policy reducing the number of mowing cycles to less than three per year or the number of litfier cycles to less than presented above. If there is a State policy change to further reduce the State's mowing or litter cycles, the State shall notify the City, in writing, within sixty (60) days of this change. If the State fails to notify the City as required under this paragraph, the State shall be responsible for payments to the City in accordance with the previously agreed upon reimbursement schedule. Reimbursement will not be made if the roadway is under construction. City's Responsibilities (Non-Controlled Access) 7. Mow and clean up litter for the entire right-of-way width for a minimum period of five (5) years on the roadways noted above. Submit statements and cancelled checks for mowing and litter clean up cycles at intervals as established above. The City agrees that for mowing and litter clean up, if performed by employees of the City, the City shall show proof of self-insurance. If mowing and/or litter clean-up is performed by a contractor(s) selected by the City through its selection process, the City shall require the contractor(s) to have in place, insurance as evidenced by the State's Certificate of Insurance form. The city will also require any contractor(s) to agree to indemnify and save harmless the state from all claims and liabilifiy due the contractor(s) materials or activities of itself, its agent, or employees, performed under the agreement with the city that are caused or may result from error, omission, or negligent act. Prior to any mowing or litter clean up by the City, such evidence of self-insurance or certificate of insurance shall be provided to the State. Termination This Amendment is expressly made subject to the rights granted to TxDOT to terminate this �rr��r�dr°m�ent without c����� upon notice and to the rights g��r�t�d to The City to t�rr�r��r���� this Amendzm�i�t without cause upon notice �f��� five (5) years and upon the exercise of any such right by either party, this r�rr��nd����r�� will terminate. TxI��T or the City may terminate this Amendment �.a�cs�� n����� at any time for a v�����tion of the terms of this Amendment. The termination of this Amendment does not affect any other provisions of the existing Municipal Maintenance Agreement between the parties. If the Cifiy has �r~���^r�� into a�c���ti���t with a third ��r�y to �a���c�rm any serv�c:�� under this ������'�r��ent, thi� �Nn���dment will conti�°�a.�� in ����t until the curr��t term of the contract has expired. If any or all of the roadways come off the state system for any reason, the State will discontinue payment for that roadway or all roadways, whichever is the case. In all other respects, the Agreement shall remain in force and effect without change. IN TESTIMONY WHEREOF, the parties have hereto have caused this amendment to be executed in duplicate. The Amendment becomes effective when last executed. THE CITY OF Denton XXXXX City M ��g r �. �� �� BY __ ��� M na e ��,w.. . � :_. _ ,� g r Date° � � ATTESTED BY: Date:� � .� �_��.� Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, and established policies or work programs here���care ap�i�c�v�� and authorized by kl�� Texas �fTr�����ortation Commission. APPROVED: : James K. Selman, P.E. Dallas District Engineer Texas Department of Transportation Date:. ; EXHIBIT "A" NON CONTROLLED ACCESS HIGHWAYS LEGEND � SEE AMENDMENT TO MMA FOR ALLOCATION OF DUTIES ����.�� ��������� STATE MAINTAINED (BASE, SURFACE, ASSIST IN MOWING, CLEANING LITTER AND IN MAINTENANCE OF ROADWAY DITCHES) STATE MAINTAINED (BASE, SURFACE AND BRIDGE CLASSIFICATION STRUCTURES ONLY) �����r������� CITY MAINTAINED II. CITY MAINTAINED A. U.S. 77 �u;�Nn��� �=�carw� intersection of N����inney Street over Elm Street R�ut� ��,�, 377: to 9�aiNk�ed°��y �tr��� for southbound �r��fiic, and from intersection of Mul���°ry ��r��t over Locust Street to McKinney Street for northbound traffic. B. US 77 Business Route (Northbound): From intersection of US 380 (University Drive) and Locust Street, north over Locust Street to the intersection with FM 2164. C. FM 426: From intersection of northbound US 77 Business Route and northbound US 377 over McKinney Street to intersection of Woodrow Street. D. FM 426: Mowing and Litter from Woodrow Lane to City Limits. E. FM 428: From intersection of Hercules Street over Sherman Drive to intersection of Locust Street. F. FM 1830: Mowing and Litter from US 377 to Hilltop Road. G. FM 2164: Mowing and Litter from US 77 to LP 288. H. FM 2181: Mowing and Litter from Hickory Creek Road to Redbud Drive.