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Home My WebLink AboutR2011-047s:llegallour documentslresolutions1111resolution ih35e managed (ane stakeholder committee.doc �soLUT1oN No. �011-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPOINTING A REPRESENTATIVE TO THE IH35E PROJECT STAKEHOLDER COMMITTEE (SB 1420); AFFIRMATION OF COMMITMENT OF THE CITY OF DENTON, TEXAS TO THE IH35E PROJECT 1N THE AMOUNT OF $250,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas Department of Transportation ("TxDOT") is engaged in project development activities associated with the planned redevelopment of a 28-mile section of IH- 35E from I-635 to US 380 in Dallas and Denton Counties (the "IH35E Project"); and WHEREAS, in Minute Order 112840, dated September 29, 2011, the Texas Transportation Commission authorized TxDOT to issue a request for qualifications to develop, design, construct, finance, maintain, and operate all or any portion of the IH35E Managed LanesProj ect; and WHEREAS, Section 228.013 of the Texas Transportation Code and TxDOT's rules implementing that Section provide that a committee comprised of representatives from TxDOT, the North Central Texas Council of Governments ("NCTCOG"), the North Texas Tollway Authority ("NTTA"), and each city or county that provides local funding or right-of-way for a toll project that will be developed to provide oversight for the project; and WHEREAS, TxDOT and local stalceholders have determined those entities that may be eligible to appoint members of the committee under Section 228.013 and TxDOT's rules; and WHEREAS, the City of Denton, Texas has been requested by TxDOT to appoint one member to represent the City on the committee, and to provide a copy of the resolution or other action making or authorizing the appointment; and WHEREAS, the City of Denton affirms funding of $250,000 of the IH35E Project within the City of Denton, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton hereby appoints Pete Kamp as the City of Denton representative to the Committee. SECTION 2. The City Council of the City of Denton hereby affirms its commitment to the IH35E Project in the amount of $250,000 within the City of Denton. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � day of ' i�%l2i�'�C� , 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY � ,//� � � � �, , / APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � BY: Page 2 of 2 CSJ #: 0195-03-050 District #: 18-Dallas Code Chart 64 #:11400 Project: IH 35E Limits: From US 77 south of Denton to IH 35W STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON-SYSTEM THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State", and the Citv of Denton, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Texas Transportation Code, Chapter 201 and 222 authorizes the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Texas Government Code Chapter 791 and Texas Transportation Code §201.209 and Chapter 221, authorizes the State to contract with municipalities and political subdivisions; and, WHEREAS, Texas Transportation Commission Minute Order Numbers 112844 and 113074 authorizes the State to undertake and complete a highway improvement generally described as to reconstruct IH 35E from 4 lanes to 6-8 Mainlanes, construct 2 concurrent Managed/High Occupancy Vehicle lanes and 2-3 frontage roads on IH 35E from US 77 south of Denton to IH 35W; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by providing a fixed contribution towards the construction cost to reconstruct IH 35E from 4 lanes to 6-8 Mainlanes, construct 2 concurrent Managed/High Occupancy Vehicle lanes and 2-3 frontage roads on IH 35E from US 77 south of Denton to IH 35W, called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and perFormed as hereinafter set forth, the State and the Local Government do agree as follows: AFA—LPAFA_VolProj Page 1 of 4 Revised 04/01/11 CSJ #: 0195-03-050 District #: 18-Dallas Code Chart 64 #:11400 Project: IH 35E Limits: From US 77 south of Denton to IH 35W AGREEMENT 1. Time Period Covered The period of this Local Project Advance Funding Agreement (LPAFA) is as stated in the Master Agreement Governing Local Transportation Project Advance Funding Agreements (MAFA), without exception. 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. 3. Payment of Funds Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. 4. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 5. Adjustments Outside the Project Site The Local Government 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. 6. Responsibilities of the Parties Responsibilities of the Parties will be under the conditions as provided for in the MAFA, without exception. 7. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft� Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local entity creates the documents with its own forces or by hiring a consultant or professional provider. At AFA—LPAFA_VolProj Page 2 of 4 Revised 04/01/11 CSJ #: 0195-03-050 District #: 18-Dallas Code Chart 64 #:11400 Project: IH 35E Limits: From US 77 south of Denton to IH 35W the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 8. 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 engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing 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 Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. . 9. Increased Cost Increased cost will be under the conditions as provided for in the MAFA, without exception. 10. Maintenance Project maintenance will be under the conditions as provided for in the MAFA, without exception, 11. Termination Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. 12. Notices Notices of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Local Government: City Engineer City of Denton 901-A Texas Street Denton, Texas 76209 State: Director of Contract Services Texas De�artment of Transportation 125 E. 11 " Street Austin, Texas 78701 13. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 14. Amendments Amendments to this LPAFA shall be made as described in the MAFA, without exception. 15. Incorporation of Master Agreement Provisions This LPAFA incorporates all relevant provisions of the MAFA in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted in this agreement. Any conflict between the terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA. 16. State Auditor AFA—LPAFA_VolProj Page 3 of 4 Revised 04/01/11 CSJ #: 0195-03-050 District #: 18-Dallas Code Chart 64 #:11400 Project: IH 35E Limits: From US 77 south of Denton to IH 35W The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVER��'NENT — CITY OF DENTON � , u � � B ;�� " ,., � . m � _ m - �� . �� .�� .... -� � -� �� t� ��c�� C. Campbell City Manager Date: � ��..�':��_..��.�..��. Approved as to Form: Anita Bur �� City Attor �+��'� � � � � gy: � � � ,,,� qa.� �..� � a ....� ,..��.��.. Anita Burgess City Attorney TH� ,�T�T� +I�� TEXAS � ��. � �� .� B * �° � �� y. � _ „ � �. . .�� , ��.� � � William L. Hale, P.E. � Interim Dallas District Engineer Texas Department of Transportation Date: �� AFA—LPAFA_VolProj ATTEST: Jennifer Walters City ,� �r�tary BY�� , � _.�.�� "��.� � .�.. �� Jennif r ��lt�rs City �� ry Page 4 of 4 Revised 04/01/11 CSJ #: 0195-03-050 District #: 18-Dallas Code Chart 64 #:11400 Project: IH 35E Limits: From US 77 south of Denton to IH 35W Attachment A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government will provide a fixed contribution of 250 000 towards the cost to reconstruct IH 35E from 4 lanes to 6-8 Mainlanes, construct 2 concurrent Managed/High Occupancy Vehicle lanes and 2-3 frontage roads on IH 35E from US 77 south of Denton to IH 35W. The Local Government's fixed contribution for this improvement includes construction items and direct state costs. Total Federal State Local Description Estimate Cost Participation Participation Participation ...% .. __�� . r o_ ................� Cost ��._�...............o....�..... (Fixed) COSt /o /o COSt Construction (by State) $228,959 0% $0 0% $0 100°/o $228,959 Direct State Cost @ 9.19°/o $21 041 0% $0 0% ° $21.04 _..� .�.N.. � .....� . � . ..... � . ........$0 100 /o .�..�..� . direct State Cost @5.94% $13,600 0% $0 100% $13,600 0% $0 I n ��. � � . ...... _ .. .�.� � �.�.�.�.�..._..... TOTAL� 0 $13,600 � (Flxed) $250,000 ....._��..._ m..�263,600 __ ��. �_.... � ...... ....... ��.�_ Total Local Government Participation = $250,000 (fixed) Total Payment by the Local Government to the State on full execution of this Agreement =$250,000 (fixed) AFA—LPAFA_VolProj Page 1 of 1 Revised 04/01/11