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2000-127O IN CE NO rrD-- / g v AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR ADVANCED FUNDING FOR CERTAIN COLOR TEXTLIRIZED CONCRETE CURBS FOR THE 1-35 PROJECT, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ The City Manager or his designee ~s authorized to execute an agreement between the C~ty of Danton, Texas and the State of Texas, acting through the Texas Department of Transportation, to provide for advanced funding for certmn color textunzed concrete curbs for the 1-35 project, under the terms and condxt~ons contmned w~thxn this Agreement, whmh ~s attached hereto and made a part hereof ~ Tlus ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED this the /-/'~-/~ day of _//~,~2/] / 71 ,2000 JA~ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM THE STATE OF TEXAS THE COUNTY OF TRAVIS County Denton Fhghway IH 35 E CSJ 0195-03-048, etc Project Number BR 98 (453) ADVANCE FUNDING AGREEMENT FOR STANDARD HIGHWAY IMPROVEMENT PROJECTS THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acung through the Texas Department of Transportation, hereinafter called the STATE, and City of Denton, acting by and through its duly authorized officers, hereinafter called the OUTS[DE ENTITY WITNESSETH WHEREAS, Transportation Code Chapter 201 et seq and Transportation Code Chapter 221 authorize the STATE to lay out, construct, mmntmn, and operate a system of streets, roads, and h~ghways that comprise the State I-hghway System, and, WHEREAS, Comrmss~on Minute Order Number 107615 authorizes the STATE to undertake and complete a highway ~mprovement generally described as The construction of the wldemng of a Freeway fac~hty and replace brtdges and approaches, and, WHEREAS, the OUTS[DE ENTITY has requested that the STATE allow the OUTSIDE ENTITY to participate ~n smd ~mprovement by funchng that port~on of the ~mprovement described as The construction of Color-Textunzed Concrete Curbs as shown ~n Exhibit A, hereinafter called the "PROJECT", and, WHEREAS, on the 4th day of April 2000, the C~ty of Denton passed Ordtnance No 2000-127, attached hereto and ~dentd~ed as Exhibit B, authorizing the OUTS[DE ENTITY's participation ~n the development and construction of the PROJECT, and, WHEREAS, the STATE has detenmned that such participation ~s ~n the best ~nterest of the c~t~zens of the State, AGREEMENT NOW, THEREFORE, ~n consideration of the premises and of the mutual convenants and agreements of the partaes hereto, to be by them respectively kept and performed as hereinafter set forth, the STATE and the OUTSIDE ENTITY do agree as follows Page 1 of 4 County Denton I-hghway IH 35 E CSJ 0195-03-048, etc Project Number BR 98 (453) Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the STATE and the OUTSIDE ENTITY will consider it to be in full force and effect until the PROJECT described herein has been completed and accepted by all pmties or unless temunated, as hereinafter provided Article 2. ProJect Funding The STATE will authorize the performance of only those PROJECT items of work which the OUTSIDE ENTITY has requested and has agreed to pay for as described in Payment Provision and Work Responslblhtaes, Attachment A, which m attached to and made a pan of this contract In addmon to identifying those items of work paid for by payments to the STATE, Attachment A, Payment Provision and Work Rcsponsibihties, also specifies those PROJECT items of work that are the responsibility of the OUTSIDE ENTITY and will be camed out and completed by the OUTSIDE ENTITY, at no cost to the STATE Article 3 Ternunatlon This agreement may be terrmnated in the following manner by mutual written agreement and consent of both parties by either party upon the fmlure of the other party to fulfill the obligations set forth herein by the STATE if it detenmnes that the performance of the PROJECT is not in the best interests of the STATE If the contract is tenmnated in accordance with the above provisions, the OUTSIDE ENTITY will be responsible for the payment of PROJECT costs incurred by the STATE on behalf of the OUTSIDE ENTITY up to the time of terrmnation Article 4. Right of Access If the OUTSIDE ENT1TY is the owner of any pan of the PROJECT site, the OUTSIDE ENTITY shall pernut the STATE or its authorized representative access to the site to perform any activities required to execute the work The OUTSIDE ENTITY will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the STATE Article 5. Responsibilities of the Parties The OUTSIDE ENTITY acknowledges that while it is not an agent, servant, nor employee of the STATE, it is responsible for its own acts and deeds and for those of its agents or employees dunng the performance of the work on the PROJECT 2 of 4 Article 6. Sole Agreement County Denton I-hghway IH 35 E CSJ 0195-03-048, etc ProJect Number BR 98 (453) In the event, the terms of the agreement are in conflict with the provisions of any other existing agreements between the local OUTSIDE ENTITY and the STATE, the latest agreement shall take precedence over the other agreements in matters related to the PROJECT Article 7. Successors and Assigns The STATE and the OUTSIDE ENT1TY each binds itself, its successors, executors, assigns, and adrmmstrators to the other paxty to this agreement and to the successors, executors, assigns, and adnumstrators of such other party in respect to all covenants of this agreement Article 8. Amendments By mutual written consent of the parties, this contract may be amended prior to the expiration of this contract Article 9 Interest The STATE will not pay interest on funds provided by the OUTSIDE ENTITY OUTSIDE ENTITY will be deposited into, and retained in, the STATE Treasury Funds provided by the Article 10. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the STATE will supervise and inspect all work performed hereunder and provide such engineenng inspection and testing services as may be required to ensure that the construction is accomplished in accordance with the approved plans and specifications All correspondence and instructions ,to the contractor perfomung the work will be the sole responsibility of the STATE Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the "Standard Specifications for Construction and Mmntenance of I-hghways, Streets, and Bridges" adopted by the STATE and incorporated herein by reference, or special specifications approved by the STATE Article 11. Increased Costs In the event It is detemuned that the funding provided by the OUTSIDE ENTITY will be insufficient to cover the STATE's cost for performance of the OUTSIDE ENTITY's requested work, the OUTSIDE ENTITY wtll pay to the STATE the addmonal funding necessary to cover the antic~pated additional cost The STATE shall send the OUTSIDE ENTITY a written notihcauon stating the amount of additional funding needed and stating the reasons for the needed additional funds The OUTSIDE ENTITY shall pay the funds to the STATE within 30 days of the written nonficaUon, unless otherwise agreed to by all parties to this agreement If the OUTSIDE ENTITY cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 3 - Termination If this is a fixed price agreement as specified ~n Attachment A, Payment Provision and Work Responsibflit~es, this provision shall only apply 3 of 4 County Denton Faghway IH 35 E CSJ 0195-03-048, etc ProJect Number BR 98 (453) 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 authority to enter into this agreement on behalf of the entity they represent IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this agreement 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 Coil~on By '~~ ~~fl/'~r Date THE OMTSIDE ENTITY Name or, he OUTSIDE ENTITY Cgffot Denton BY//~/~/ er Date ATTEST 0 Jenn~f~ K Walters, City Seere ary t L For the purpose of this agreement, the addresses of record for each party shall be THE OUTSIDE ENTITY M~chael W Jez City Manager The City of Denton 215 East McKtnney Denton, TX 76201 THE STATE OF TEXAS Claud P Elsom IH, PE Area Engineer Denton County 2624 West Prmne Denton, TX 76201 4 of 4 EXHIBIT AN ORDINANCE AUTHORIZINO THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AOREEMENT BETWEEN THE CITY OF DENTON AND STATE OF TEXAS, ACTING TIIROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR ADVANCFD FUNDING FOR CERTAIN COLOR TEXTURIZED CONCRETE CURBS FOR THE 1-35 PROJECT, AND PROVIDING AN EFFECTWE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION l The City Manager or his designee ~s authorized to execute an agr~emem between the Ctty of Denton, Texas and the State of Texas, acting through the Texas Department of Transportation, to prowde for advanced funding for certain color textun?ed concrete curbs for the 1-35 Project, under the terms aM con&tions contained within th~s Agreement, which Is attached h~r~to and made a part hereof SECTION 2 lh~s ordinance shall become effective m~medmtely upon its passage and approval PASSED AND APPROVED this the-- -- dayof_~dZ.~" ' ,2000 JA K~<_~I~LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBIiRT L P~.yI'Y, CIT/Y~, ATTORNEY County Highway CSJ Project Number Denton Iit35 E 0195-03-048, etc BR 98 (453) Attachment A Payment Provision and Work Responslblhtles 1 Description of the Cost of the Items of Work The State shall be responsible for widening the ex~stlng Freeway facdlty and replace the bridges and approaches The C:ty of Denton shall be responsible for the additional costs incurred for nuscellaneous curb construction, I e color-textunzed concrete curb construction These costs are ~termzed in Attachment C, which is made a part of this Agreement 2. Schedule of Payment Upon final execution of th~s agreement by the STATE, the OUTSIDE ENTITY shall present a check or warrant made payable to the "Texas Department of Transportation" m the amount of $25,560 00, which does not include construction eng~neenng and contingencies Construction englneenng and contlngenctes will be calculated at the rate in effect for the year the proposed work ~s to be completed In the event the fundang provided by the OUTSIDE ENTITY ~s Insufficient to cover the OUTSIDE ENTITY's portaon of the PROJECT construction cost as estabhshed herelnabove, the OUTSIDE ENTITY will w~thln thirty (30) days from receipt of the STATE's written notification provide the addmonal constructmn funding to fully cover that port, on of the OUTSIDE ENTITY's construction participation 3. Actual Cost Agreement The OUTSIDE ENTITY shall be responsible for the costs associated with right-of-way acquisition, utility adjustments, prehmanary englneenng and plan preparation, and construction Upon completion and acceptance of the services estabhshed hereto, the STATE will prepare a final audit of all costs for which ~t has incurred Upon completmn of the audit, any remaining funds due the OUTSIDE ENTITY will be promptly returned 1 of 2 X On State System On Pnnmpal Arterial Street System (Pass) Off State System County C~ty CSJ ProJect Number L~mlts ATTACHMENT '~" Estimated Cost Breakdown 100% City Funded Estimated quantity Umt Price Constmcuon Cost = 639 00 m3 = $ 40 00/m3 = $ 25,560.00 Denton Denton 0195-03-048 BR 98 (453) At Overpass of US 377 2 of 2 p~\ 1995".95- i/0\95170PS,L)GN ~ o ~ ~ 212.t3~ ~ ;~f L ~ATCH .S.~?7 SCH, SOJTH