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
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