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HomeMy WebLinkAbout2001-111S \Our DocumentAOrdlnanceAMUS 77 Sidewalk LPAFA doc ORDINANCE NO oS OOP- /I AN ORDINANCE APPROVING A LOCAL PROJECT ADVANCE FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR THE CONSTRUCTION AND FUNDING OF CERTAIN PUBLIC IMPROVEMENTS FOR US 77 FROM INTERSTATE 35 TO US 380, 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 is hereby authorized to execute a Local Project Advance Funding Agreement between the City of Denton and 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, to provide for the construction and funding of certain public improvements for US 77 from Interstate 35 to US 380 and related purposes SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Agreement SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the i c day of , 2001 Z ?224 Ck- EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY ROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY BORNE`. 10 O#"11M%IM I, STATE OF TEXAS § COUNTY OF TRAVIS § CSJ 0195-02-040 Project No C-195-2-40 Highway US 77 Limits I H 35 to U S 380 Fundmg Category PASS LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a State Principal Arterial Street System Protect THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Denton, acting by and through its duly authorized officials, hereinafter called the "Local Government " WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA, and, WHEREAS, the Texas Transportation Commission passed Minute Order 108310 that provides for the development of, and funding for, the project describe herein, and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated March 6, 2001 , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B 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, it is agreed as follows AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception 2 Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3 Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as the construction of concrete sidewalk, concrete sidewalk ramps, and intersection lighting at locations requested by the City for the US 77 reconstruction, from IH 35 to US 380 5 Right of Way and Real Property shall be the responsibility of the Local Government, as statedi in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the State, as stated in the Master Agreement, without exception. The State is responsible for performance of any required architectural or preliminary engineering work The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law 10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement, without exception 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a Project Cost Estimate A Project Cost Estimate is provided in Attachment C b A Source of Funds estimate is also provided in Attachment C Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources c The Local Government is responsible for all non-federal and non -state funding, mcluding all project cost overruns, unless provided for through amendment of this agreement d After execution of this LPAFA, but prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation " in the amount specified in Attachment C as the local contribution for Preliminary Engineering The Local Government will pay at a mimmum its funding share for this estimated cost of preliminary engineering as stated in the Local Project Sources and Uses of Funds provision of the Master Agreement e Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any others costs owing f In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification PA 12 Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein 14. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts THE LOCAL GOVERNMENT - CIrYOFDENTON BY . w. Title Interim City Manager -C-it�„'A�ager— Date March 6, 2001 THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretyeifer roved and authorized by the Texas Transportation Commission By Soldano, Director Services/Office Date 1 / " / APPROVED AS TO FORM CITY ATTORN CITY OF D NET RY ATTACHMENT A S \Our DocumentAOrdlnanceAMUS 77 Sidewalk LPAFA doc ORDINANCE NO WP- // I AN ORDINANCE APPROVING A LOCAL PROJECT ADVANCE FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR THE CONSTRUCTION AND FUNDING OF CERTAIN PUBLIC IMPROVEMENTS FOR US 77 FROM INTERSTATE 35 TO US 380, 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 is hereby authorized to execute a Local Project Advance Funding Agreement between the City of Denton and 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, to provide for the construction and funding of certain public improvements for US 77 from Interstate 35 to US 380 and related purposes SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Agreement SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 6 is day of 2001 &4ftt'� /�MCk EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY m 10 AiDnaga} L ubpdowooILLsn L - - m N O m i P U P F ZI 7 � m a N ' I Q K U- m N I m 00 NIl103 z W N P N M rUU P T P P n I 1 U 1 m N a 0 N 0 m r1 r O U I I _ N N i wf M I a m J r W I N m m a 0 N 0 _ N r m O N 4 r m m / M K m LL3 N p O O P 2 m zOJ � � i�M I U N O m � j P N x I N O m ip r l V O U M r m LQ, r W OI a n Qo n m N N xo I N � 0 — m CC c9 z 0:_- W O rri Uj U LLJO I- ® z U�oa z`n � L J J W= w= d 0 - F- ��QQ� m-� W U O U J OU LLJ ® O O � z O 0 Q a Q II C U CL O O f- rN m 0 100 ppom rn 009-( r" a 3E om > f- En iz Z: co co 0 g m irn W 0 rn r cc .4 R eg L2 a 2 R PIE; P q q d9 e,101(.1010111 --4 -4 00 , 0 > c r- a; A z > 1AP) L.�e. ti 0 IZ 01000 CA 03 4 o N "42 LINE STA. 94+00 I } SL II I MAI I 1 11 : STA. 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