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