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2001-319S \Our Docum~nts\Ordmances\01~.pproval TxDot Landscape Agreement doc OR rNANCE NO d00/- &/q AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO LANDSCAPE COST SHARING ALONG US 77 AND US 377 FROM OAK STREET TO HICKORY STREET, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COLrNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager, or his designee, is hereby anthonzed to execute an agreement between the City of Denton and the State o£ Texas, acting by and through the Texas Department of Transportation in substantially the form of the agreement which is attached to and made a part of this ordinance for all purposes (the "Agreement"), relating to landscape cost shanng along US 77 and US377 from Oak Street to Hickory Street SECTION 2 The City Manager, or his designee, is anthonzed to make the expenditures as set forth m the Agreement SECTION 3 This ordinance shall become effective immediately upon its passage and approval d yo , OOl EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY '' V APPi~VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY THE STATE OFTEXAS § § COUNTY OF TRAVIS § THIS AGREEMENT ~s made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the C~ty of Denton, acting through ~ts duly authorized ofhc~als, as ewdenced on the Resolution or Ordinance attached as Exhibit A, hereinafter called the "C~ty" WlTNESSETH WHEREAS, the State owns and maintains a system of h~ghways, including US 77 and US 377, ~n Denton County, Texas, for pubhc use and beneht, and WHEREAS, the C~ty has requested State participation ~n a 2001 Landscape Cost Shar~n.q Pro.qram project along US 77 and US 377, from Oak Street to H~ckory Street, hereinafter called the "Project", and WHEREAS, the C~ty has committed to cooperating w~th the State by prowd~ng a total non-cash contnbubon of $27,760 00 toward the completion of the Project, which sum represents the agreed, fair-market value for prowd~ng all labor and equipment to install shrubs and ground covers, backhll, mulch and pea gravel, ~rngat~on system components, and planter pots, and b~cycle racks, and WHEREAS, the C~ty has committed to accept total project maintenance for the hfe of the project, and WHEREAS, the State hnds that the C~ty's request ~s ~n pubhc ~nterest and w~ll not damage the h~ghway fac~hty, ~mpa~r safety or otherwise restrict the operation of the h~ghway fac~hty, and WHEREAS, ~t ~s understood that the State, by execution of th~s agreement does not ~mpa~r or rehnqu~sh the State's right to use such land for r~ght-of-way purposes when ~t ~s required for the construction or reconstruction of the trafhc fac~hty for which ~t was acquired, nor shall use of the nght-of-way under such agreement ever be construed as abandonment by the State of such land acquired for h~ghway purpose, and WHEREAS, Texas Transportation Commission M~nute Order 107420, dated February 26, 1998, attached hereto and labeled EXHIBIT B authorizes the State to cooperate w~th the C~ty ~n the development of the Project by prowd~ng State funds which w~ll be used to ~n accordance w~th the Project Design Plan, NOW THEREFORE, ~n consideration of the premises and of the mutual covenants and agreements of the part~es hereto be by them respectively kept and performed as hereinafter set forth, the State and the C~ty do mutually agree as follows , AGREEMENT ARTICLE 1 Term of Agreement Thfs Agreement becomes effective when finally executed (s~gned) by the State and shall terminate upon sabsfactory completfon of the work as called for m the Project Design Plan and as shpulated w~th~n th~s Agreement, unless otherwise terminated as prowded hereinafter ARTICLE 2 Project Design Plan The C~ty shall prepare and furnish the Project Design Plan The Project Design Plan shall be incorporated ~nto th~s Agreement by reference ARTICLE 3 Project Funding The total esbmated cost of th~s port~on of the Project ~s $55,404 00, and shall be funded jointly by the State and the City State funds ~n an amount esbmated not to exceed $27,644 00, w~ll be utilized to pumhase approximately 646 5-gallon shrubs and 176 4"-pots of ground cover, 94 (cubic yards) CY of planbng backfill, 9 CY of mulch, 2 CY of pea gravel, 2 bicycle racks, 20 planter pots, and ~rngat~on system components (from a I~st prowded by the C~ty) The C~ty's total non-cash contr~buhon is $27,760 00 and represents the agreed, fair-market, non-cash value for ~nstall~ng the above materials ARTICLE 4 Responsibility of the Parhes A The C~ty agrees to 1 Save harmless the State, ~ts officers and employees from a all claims and I~ab~l~ty due to the act~wbes of ~tself, ~ts agents, or employees performed under this contract and which are caused by or result from error, omission, or negligent act of the C~ty or of any person employed by the City, and b any and all expense, fnclud~ng, but not hm~ted to, attorney fees which may be recurred by the State ~n I~hgabon or otherwise resisting sa~d claim or I~ab~l~t~es which may be ~mposed on the State as a result of such act~wt~es by the C~ty, ~ts agents, or employees The State shall have the r~ght, at ~ts own opbon and expense, to parhc~pate ~n the defense of any su~t, w~thout rel~ewng to the City of any obligation hereunder 2 The C~ty shall require any contractor to ~ndemn~fy the State m the same manner that the C~ty ~ndemn~fles the State ~n paragraph A1 of th~s article 3 Furnish all labor and matenals required to install the matenals purchased by the State for the project 4 Furnish all labor and matenals required to prowde project maintenance for the project for the I~fe of the project The maintenance of the landscape ~mprovement shall continue to be the C~ty's responsibility beyond the complehon of the project mstallabon 5 Furn~sh, erect and maintain any barricades, s~gns and traffic handling dewces, in accordance with the latest Manual of Un~form Trafhc Control Dewces, and to the satisfaction of the State, as may be required to protect the safety of the travehng public wh~le performing any work on the project under th~s agreement B The State agrees to 1 Obhgate State funds ~n the amount of $24,372 00 which w~ll be ut~hzed to purchase the following approximate quantities matenals 646 5-gallon shrubs (Indian Hawthorn), 176 4"-pots of ground cover (Lantana), 94 (cubic yards) CY of planting backhll, 9 CY of mulch, 2 CY of pea gravel, 2 bicycle racks, 20 planter pots and, irngat~on system components (from a list provided by the City) 2 Prepare and submit requisitions for landscape matenal m accordance w~th existing statutes relating to the purchase of mater~al w~th State funds 3 Furnish material, after receipt, to the City 4 Cooperate w~/h the C~ty to determine requirements for barricades, s~gns and trafhc handhng devices to be used by the C~ty dunng the installation and maintenance of the Project ARTICLE 50verruns/Underruns 1 The State w~ll make recommendation of award for the b~d or b~ds received for required landscape material as follows 2 If, after rece~wng b~ds for required landscape material, the cumulative total of the lowest bid or b~ds exceeds $24,372 00, the State, ~n order to insure that available State funds are not exceeded, and at ~ts sole option1 may reject any or all b~ds, revise the quantity of materials to be furnished and resubmit the b~ds 3 If, after rece~wng b~ds for required landscape material, the cumulative total of the lowest b~d or b~ds does not exceed $241372 001 the State w~ll recommend award of the b~d or b~ds Unless, ~n the sole opinion of the State, ~t ~s determined that the furnishing of additional materials with any ramalnmg State funds is in the best ~nterest of the Project, the State w~ll not purchase matenals ~n excess of the quantity requested by the City ~n the C~ty's proposal and as shown ~n the Project Design Plan as would be necessary to ~nsure the full amount of State funds obligated for this Project ~s expended ARTICLE 6 Disputes Should d~sputes arise as to the party's obhgat~ons under this Agreement, such disputes shall be settled in accordance with T~tle 43, Texas Admln~strabve Code, Section 1 68 et seq & Section 1 21 et seq ARTICLE 7 Amendments Changes ~n bme frame, character, cost or obhgahons here~n shall be enacted by written amendment All amendments to th~s Agreement must be executed by both parbes w~thm the contract penod spec~hed m Arbcle 1 ARTICLE 8 Successors and Assigns The State and the C~ty shall not assign or otherwise transfer ~ts r~ghts and obhgatlons under th~s Agreement except w~th pnor wntten consent of the other party, and any prohibited assignment or transfer shall be null and void ARTICLE 9 Remedies V~olat~on or breach of contract terms shall be grounds for termination of the Agreement, and any ~ncreased cost ansmg from the defaulting party's breach of contract or v~olat~on of terms shall be pa~d by the defaulbng party Th~s Agreement shall not be cons~derad as specifying the exclusive remedy for any default, but all remedies ex~st~ng at law and ~n equity may be availed of by e~ther party and shall be cumulative ARTICLE 10 Insurance At the hme of execuhon (s~gnature) of the Agreement by the C~ty, the C~ty shall attach required insurance documentation to each Agreement counterpart If the City ~s a self-insured entity and performs any work on the Project w~th C~/y Fomes, the City shall furnish the State w~th documentabon of self-~nsurance If the C~ty ~s not a self-~nsured entity and performs any work on the Project w~th C~ty Forces, the C~ty shall furnish the State w~th a completed Cert~hcate of Insurance (TxDOT Form 20 102), and label such documentation EXHIBIT C If the C~ty performs any work on the Project through a contractor or contractors selected through the C~ty's Iow-b~d procedure, the C~ty shall require ~ts contractor or contractors to furnish the State w~th a completed Cerbhcate of Insurance, (TxDOT Form 20 102), and shall insure the contractors maintain such insurance during the term of the Agreement ARTICLE 11 Gratulbes Texas Transportabon Commission pohcy mandates that employees of the Department shall not accept any benehts, g~fts or favors from any person doing business or who reasonably speaking may do bus~ness w~th the State under th~s contract The only excephons allowed are ordinary bus,ness lunches and ~tems that have received advanced wntten approval of the Texas Department of Transportabon Executive D~rector Any person doing bus~ness w~th or who may reasonably speaking do bus~ness w~th the State under th~s contract may not make any offer of benehts, g~fts or favors to Departmental employees, except as mentioned hereabove Failure on the part of the C~ty to adhere to th~s pohcy may result ~n the term~nahon of th~s contract ARTICLE 12. Termination. This Agreement may be terminated by any of the following conditions: A. By mutual agreement and consent of both parties. B. By either party upon thirty days written notice to the other party. C. By either party, upon the failure of the other party to fulfill its obligations as set forth in this Agreement. D. By satisfactory completion of all services and obligations described herein. Should the City terminate this Agreement, as prescribed hereabove, the City shall, at the option of the State, reimburse any reasonable costs incurred by the State. IN TESTIMONY WHEREOF, the state and the City have executed duplicate counterparts to effectuate this Agreement. . 'THE CITY OF DENTON 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 Commission. By: : Date: &\Our Documents\O~dinances~O ~roval TxDot Landscape Agreement. doc EXHIBIT ORDINANCE NO. dOO/' ~/~ AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO LANDSCAPE COST SHARING ALONG US 77 AND US 377 FROM OAK STREET TO HICKORY STREET; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; 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 execute an agreement between the City of Denton and the State of Texas, acting by and through the Texas Department of Transportation in substantially the form of the agreement which is attached to and made a part of this ordinance for all purposes (the "Agreement"), relating to landscape cost sharing along US 77 and US377 from Oak Street to Hickory Street. SECTION 2. The City Manager, or his designee, is authorized to make the expenditures as set forth in the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED ANDAPPROVEDthisthe 4~'~ day of~, 2001. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY VARIOUS County . 'Dist~ct VARIOUS ~ TRANSPORTATION CO~ON lVtll~-t-~; ORDgR P~elof2 Wl~e~.~, the ~D TRANSPORTATION PROGRAM (UTI>) of the Texas Degattmeat of 'l~an~o~lation ( the "deparmmnt") is a ten-year plan which authorizes project plannL~g, developnmnt and construction; and WHEREAS, the U'l~-' is submitted to the Texas Transportation Commission (th~ "corem;esi_on") fnr approval on an annual basis; and WHEREAS, Minute Order 102992, diued November 30, 1993, approved thc handling of several of the categories, of the LTTP ns bank balance progrsmn; and WHF. REiS, Minute Order 102992 alto directed, that any future program amounts and allocation formi,!~ for the bank balanc~ allocation programs be returned to the comraisaion for approval; ~.d WI-~-RF..AS, this ant;on is consistent with thc 199%2001 SUate~ic Plan suat~gy to plan. design, and manage highway projects;. NOW, THERIgFOR~, IT LS ORDERED that the annual program amounls and allocation formulas listed in the following Exhibits be approved, and that projects be developed i~ these programs on an aS-needed basis;' Exhibit A - Category 2, Interstate Maintenance 2002 Interstate Rehabilitation Program Exhibit B - Cat~gory 3C, National Highway System 2002 National Highway System Rehabilitation Program Exhibit C - Category 4, Surface Tmnspo~.ntion Program (STP) 2000 Federal Hazard Elimination Program lgg9 Federal Railroad Signal Program 1993-2002 Supplemental STP Urban Mobility/Rehabilitation Prog~m 2002 STP Urban/Rural Rehabilitation Program Exhibit D - Category 7, State Pmvantive Maintenance 2000 Preventive Maintenance Program F. xlu'bi~ E - Category SA, State Farm to Market Roads 2000 Farm to Market/Ranch m Market Road Reh.',hililation/Re,stonuion Program Exhibit F - Category 9, State Park Roads 2001 Slate Park, Fish Hatcheries, Wildlife Mauagement Area and Support ~~f~ Facility Program Exhibit G- Category 10, Slate Rehabilitation of Signs, Signals and Pavement Madcings 9 R~k Mana~em~t * gOl K 17~ckorv ~ D~ton. T~ca~ ?g205 Telephone (940) 349- 7836 ~ DFW Metro (972) 434-2259 * Fax (940) 349- 7870 August 23, 2001 To Whom It May Concern: The City of Denton is a self-insured public entity as allowed by the State of Texas for General Liability, Auto/Mobile Equipment Liability, and Workers' Compensation. General Liability limits are established by the Texas Tort Claims Act as listed below: Property Damage' Bodily Injury $100,000 $250,000 each person $500,000 each occurrence Claims for which thc City is liable will be paid from the R/sk Retention Fund established for that purpose. Information regarding filing a claim with the City can be obtained from the City Attorney's Office at City Hall, 215 E. McKinney, or by phone at (940) 349- 8333. Sincere~,~y~ .. Robert A. Waggoner, ARM Risk Manager 940-349-7836