2012-289o��r�vcE No. 2012-289
AN ORDINANCE APPROVING AN ADVANCE FUNDING AGREEMENT FOR A
PROJECT USING FUNDS HELD 1N THE STATE HIGHWAY 121 SUBACCOUNT 1N THE
AMOUNT OF $847,511.73 BETWEEN THE CITY OF DENTON AND THE STATE OF
TEXAS FOR THE REMOVAL OF MEDIANS AND THE PLACEMENT OF TEMPORARY
PAVEMENT ALONG U.S. HIGHWAY 380 FROM EAST OF BONIVIE BRAE STREET TO
U. S. HIGHWAY 377 IN THE CITY OF DENTON; AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF
DENTON AND TO EXPEND FUNDS AS NECESSARY UNDER SAID AGREEMENT; AND
DECLARING AN EFFECTNE DATE.
WHEREAS, the State of Texas has received money from the North Texas Tollway
Authority ("NTTA") for the right to develop, finance, design, construct, operate, and maintain
the State Highway 121 toll project from Business SH 121 in Denton County, Texas to U.S. 75 in
Collin County, Texas ("SH 121 Payments"); and
WHEREAS, pursuant to Texas Transportation Code ("Transportation Code") Section
228.006 the State shall authorize the use of surplus revenue of a toll project for a transportation
project, highway project, or air quality project within the region of the Texas Department of
Transportation ("TXDOT") in which any part of the toll project is located, pursuant to
Transportation Code Section 288.012, the State of Texas has created a separate subaccount in the
state lughway fund to hold such money (the "SH 121 Subaccount"), and the State holds such
money in trust for the beneiit of the region in which a project is located, and may assign the
responsibility for allocating money in the subaccount to a metropolitan planning organization
("MPO"); and
WHEREAS, in Minute Order 110727, dated October 26, 2006, the Texas Transportation
Commission ("Commission") approved a memorandum of understanding ("MOLT") with the
Regional Transportation Council ("RTC"), which is the transportation policy council of the
North Central Texas Council of Governments ("NCTCOG") and a federally-designated MPO,
concurring in part, the administration, sharing, and use of surplus toll revenue in the region;
under the MOU the RTC shall select projects to be fmalized using surplus revenue from a toll
proj ect, subj ect to Commission concurrence; and
WHEREAS, the City of Denton, Texas is a local governmental entity which has
requested money from the SH 121 Subaccount for construction to facilitate the Local
Government's utility relocation, to include the removal of inedians and the placement of
temporary pavement along U.S. 380 from east of Bonnie Brae Street to west of Hinkle in the
City of Denton, Texas, to allow for and be used during the State's reconstruction and widening
from a 4-lane divided roadway to a 6-lane divided roadway (CSJ 0134-09-034) ("Project"); the
RTC has selected the Project to be funded from the SH 121 Subaccount; and the Commission
concurred in the selection and authorized the expenditure of money in Minute Order 113074,
dated Apri126, 2012; and
1
WHEREAS, the City of Denton, Texas is a local governrnent, a Texas home-rule city,
and political subdivision and governmental entity by statutory definition, and has applied for
funding as referenced hereinabove; and Texas Government Code, Chapter 791, and Texas
Transportation Code, Section 201.209 authorize the State of Texas to contract with
municipalities and political subdivisions to perform governmental functions and services; and
WHEREAS, NCTCOG and the RTC have the authority to assist the Local Government's
implementation of financial reporting and environmental review related to a transportation
project funded by the State of Texas using money from the SH 121 Subaccount; and
WHEREAS, the City Council having considered the Advanced Funding Agreement that
is required by the Texas Department of Transportation ("TXDOT"), and considering the
importance of the Project to the citizens of Denton, Texas, is of the opinion that it should
approve the above-referenced Advanced Funding Agreement by and between the City and
TXDOT; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council authorizes and in all things approves the execution of the
"Advanced Funding Agreement for Project Using Funds Held in the State Highway 121
Subaccount — Highway Improvements — On-System Project" ("Advanced Funding Agreement")
by and between the City of Denton, Texas and the Texas Department of Transportation
("TXDOT") by George C. Campbell, City Manager; a copy of the said Advanced Funding
Agreement is attached hereto as Exhibit "A" and is incorporated by reference herein; said
Agreement being in the amount of $847,511.73.
SECTION 2. The City Manager is hereby authorized by the City Council to expend
funds and to make such payments as are necessary as provided for under the said Advanced
Funding Agreement that is attached hereto and incorporated herewith by reference.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �iQ�d'Z day of �(%L� , 2012.
/� /,/
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.. . . ..-, : . ,.
2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
TO LEGAL F�RM:
ANITA BURGESS, CITY ATTORNEY
�
By: �
CSJ : 0134-09-034
ROW/UTL: 0134-09-053
District: 18-Dallas
Code Chart #: 11400
Project: US 380
Limits: From West of Bonnie Brae Street to US 377
Funding Category: RTR (SH 121 Subaccount }
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
FOR PROJECT USING FUNDS HELD IN THE
STATE HIGHWAY 121 SUBACCOUNT
Highway Improvements
On-System Project
THIS AGREEMENT (the Agreement) is between the State of Texas, acting by and through
the Texas Department of Transportation (the State), and the Citv of Denton, (Local
Government), collectively, the "Parties."
WITNESSETH
WHEREAS, the State has received money from the North Texas Tollway Authority for the
right to develop, finance, design, construct, operate, and maintain the SH 121 toll project
from Business SH 121 in Denton County to US 75 in Collin County ("SH 121 payments");
and
WHEREAS, pursuant to Transportation Code, 228.006 the State shall authorize the use
of surplus revenue of a toll project for a transportation project, highway project, or air
quality project within the region of the Texas Department of Transportation in which any
part of the toll project is located; pursuant to Transportation Code, §228.012 the State has
created a separate subaccount in the state highway fund to hold such money
(SH 121 Subaccount), and the State shall hold such money in trust for the benefit of the
region in which a project is located, and may assign the responsibility for allocating money
in the subaccount to a metropolitan �lanning organization (MPO); and
WHEREAS, in Minute Order 110727, dated October 26, 2006, the Texas Transportation
Commission (the "Commission") approved a memorandum of understanding (MOU) with
the Regional Transportation Council (RTC), which is the transportation policy council of
the North Central Texas Council of Governments (NCTCOG) and a federally designated
MPO, concerning in part the administration, sharing, and use of surplus toll revenue in the
region; under the MOU the RTC shall select projects to be financed using surplus revenue
from a toll project, subject to Commission concurrence; and
Page 1 of 9
CSJ: 0134-09-034
ROW/UTL: 0134-09-053
District: 18-Dallas
Code Chart #: 11400
Project: US 380
Limits: From West of Bonnie Brae Street to US 377
Funding Category: RTR (SH 121 Subaccount )
WHEREAS, the Local Government has requested money from the SH 121 Subaccount
for: construction to facilitate the Local Government's utility relocation, to include the
removal of inedians and the placement of temporary pavement along US 380 from east
of Bonnie Brae Street to west of Hinkle in the City of Denton, to allow for and be used
during the State's reconstruction and widening from a 4-lane divided roadway to a 6-lane
divided urban roadway (CSJ 0134-09-034) (Project); the RTC has selected the Project to
be funded from the SH 121 Subaccount; and the Commission concurred in the selection
and authorized the expenditure of money in Minute Order 113074, dated April 26, 2012;
and
WHEREAS, the Local Government is a political subdivision and governmental entity by
statutory definition; and
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209
authorize the State to contract with municipalities and political subdivisions to perform
governmental functions and services; and
WHEREAS, NCTCOG and the RTC should have authority to assist the Local
Government's implementation of financial reporting and environmental review related to a
transportation project funded by the State using money from the SH 121 Subaccount.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT
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 Local Government will consider it to
be in full force and effect until the Project described herein has been completed and
accepted by all parties or unless terminated, as hereinafter provided.
Article 2. Project Funding
The State will pay money to the Local Government from the SH 121 Subaccount in the
amounts specified in Attachment A, Payment Provision and Work Responsibilities. Except
as provided in the next succeeding sentence, the payments will begin no later than upon
the later of the following: (1) fifteen days after the Legislative Budget Board and the
Governor each approve the expenditure, in accordance with Rider 18 of the Texas
Department of Transportation bill pattern in House Bill 1, 82"d Legislature; and (2) thirty
days after execution of this Agreement. If Attachment A shows that the RTC has allocated
payments to the Local Government for a certain expenditure (e.g. construction) for the
Project in a certain fiscal year, then the State will make the payment from the SH 121
Subaccount to the Local Government for such expenditure no later than 30 days after the
beginning of the designated Fiscal Year. A Fiscal Year begins on September 1(for
Page2of9
CSJ: 0134-09-034
ROW/UTL: 0134-09-053
District: 18-Dallas
Code Chart #: 11400
Project: US 380
Limits: From West of Bonnie Brae Street to US 377
Funding Category: RTR (SH 121 Subaccount )
example, the 2012 Fiscal Year began September 1, 2011).
Article 3. Separate Account; Interest
All funds paid to the Local Government shall be deposited into a separate account, and
interest earned on the funds shall be kept in the account. Interest earned may be used
only for the purposes specified in Attachment A, Payment Provision- and Work
Responsibilities, and only after obtaining the written approval of the RTC. The Local
Government's use of interest earned will not count towards the 20 percent local match
requirement set forth in this Agreement.
Article 4. Shortfalls in Funding
The Local Government shall apply all funds to the scope of work of the Projects described
in Attachment A, Payment Provisions and Work Responsibilities, and to none other. All
cost overruns are the responsibility of the Local Government. However, should the funds
be insufficient to complete the work contemplated by the Project, the Local Government
may make further request to the RTC and the State for additional funds from the SH 121
Subaccount. Funds may be increased only through an amendment of this Agreement. If
the SH 121 Subaccount does not contain sufficient funds to cover the balance necessary
to complete the Project, or if the RTC or the Commission decline the request for any other
reason, then the Local Government shall be responsible for any shortfall.
Article 5. Return of Project Funding
The Local Government shall reimburse the State for any funds paid under this Agreement
that are not expended in accordance with the requirements of this Agreement. Upon
completion of the Project, the Local Government will issue a signed "Notification of
Completion" document to the State acknowledging the Project's completion. If at Project's
end, or upon termination of this Agreement, excess SH 121 Subaccount funds exist,
including interest earned, such funds shall be returned to the State within 30 days. Except
for funds the Local Government has already expended in accordance with the Agreement,
the Local Government shall return to the State the funds paid under this Agreement
together with any interest earned on the funds if the Project is not completed within 10
years of execution of the Agreement.
Article 6. Local Match —Not Applicable to this Agreement
The Local Government shall be responsible for the required 20 percent local match as
described in Attachment A, Payment Provisions and Work Responsibilities. The costs
incurred by the Local Government prior to the execution of this Agreement will count
towards the 20 percent local match requirement provided such costs are for RTC-
approved phases as shown in Attachment A. At the end of each Fiscal Year the Local
Government's cumulative expenditures of local match funds must be no less than 20
percent of the cumulative SH 121 Funds received by the Local Government up to that date
under the Agreement, and must be for the uses approved for payments of SH 121 Funds
up to that date as specified in Attachment A, Payment Provision and Work
Page 3 of 9
CSJ: 0134-09-034
ROW/UTL: 0134-09-053
District: 18-Dallas
Code Chart #: 11400
Project: US 380
Limits: From West of Bonnie Brae Street to US 377
Funding Category: RTR (SH 121 Subaccount )
Responsibilities.
Article 7. Procurement and Contracting Process
The State may review the Local Government's procurement of professional services for
engineering, surveying, and right of way acquisition, letting of construction contracts, and
conduct of construction management and inspection. The Local Government shall certify
compliance with state law and regulations, and with local laws, regulations, rules, policies,
and procedures. The Local Government shall maintain a copy of the certification in the
Project's files.
Article 8. Design Standards and Construction Specifications
The Local Government shall implement the Project using the State's established design
standards, construction specifications, procurement processes, and construction
management and inspection procedures.
Article 9. Right of Way
Except for right of way owned by the State or to be acquired by the State according to the
plans of the Project as approved by the State, the Local Government shall acquire all
necessary right of way needed for the Project. Right of way acquisition is an eligible cost
for reimbursement provided such cost is an RTC-approved phase as shown in Attachment
A.
Article 10. Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of
utility facilities in accordance with State laws and regulations and local laws, regulations,
rules, policies and procedures, applicable to the Local Government. The Local
Government must obtain advance approval for any variance from established procedures.
The RTC-approved costs for utilities as shown in Attachment A, if any, shall be used to
adjust, remove, or relocate utility facilities.
Article 11. Compliance with Laws; Environmental Review and Public Involvement
The State will provide environmental documents to include public involvement and
environmental review according to, but not limited, to 43 T.A.C. Section 2.41 et seq.
Each Party shall comply with all federal, state, and local laws, statutes, ordinances, rules
and regulations, and the orders and decrees of any courts, administrative bodies or
tribunals affecting the performance� of this Agreement as applicable to it. When required,
the Local Government shall furnish the State with satisfactory proof of compliance.
Article 12. Compliance with Texas Accessibility Standards and ADA
The Local Government shall ensure that the plans for and the construction of the Project
is in compliance with the Texas Accessibility Standards (TAS) issued by the Texas
Department of Licensing and Regulation, under the Architectural Barriers Act, Article
9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be
Page4of9
CSJ: 0134-09-034
ROW/UTL: 0134-09-053
District: 18-Dallas
Code Chart #: 11400
Project: US 380
Limits: From West of Bonnie Brae Street to US 377
Funding Category: RTR (SH 121 Subaccount )
consistent with minimum accessibility requirements of the Americans with Disabilities Act
(P.L. 101-336).
Article 13. Work Outside the Project Site
The Local Government shall provide both
property interests needed for the Project.
the necessary right of way and any other
Article 14. 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.
Article 15. Audit
Within 120 days of completion of the Project, the Local Government shall perform an audit
of the costs of the Project. Any funds due to the State will be promptly paid by the Local
Government.
Article 16. Maintenance
The State shall be responsible for maintenance of the Project, unless otherwise provided
for in prior existing maintenance agreement with the Local Government.
Article 17. Responsibilities of the Parties
a.
I�
c.
The State and the Local Government agree that neither party is an agent, servant,
or employee of the other party and each party agrees it is responsible for its
individual acts and deeds, as well as the acts and deeds of its contractors,
employees, representatives, and agents.
To the extent permitted by law, the Local Government agrees to indemnify and
save harmless the State, its agents and employees from all suits, actions or claims
and from all liability and damages resutting from any and all injuries or damages
sustained by any person or property in consequence of any neglect, error, or
omission in the performance of the design, construction, maintenance or operation
of the Project by the Local Government, its contractor(s), subcontractor(s), agents
and employees, and from any claims or amounts arising or recovered under the
"Workers' Compensation laws"; the Texas Tort Claims Act, Chapter 101, Texas
Civil Practice and Remedies Code; or any other applicable laws or regulations, all
as from time to time may be amended.
The Parties expressly agree that the Project is not a joint venture or enterprise.
However, if a court should find that the Parties are engaged in a joint venture or
Page 5 of 9
CSJ : 0134-09-034
ROW/UTL: 0134-09-053
District: 18-Dallas
Code Chart #: 11400
Project: US 380
Limits: From West of Bonnie Brae Street to US 377
Funding Category: RTR (SH 121 Subaccount )
�
e
enterprise, then the Local Government, to the extent provided by law, agrees to pay
any liability adjudicated against the State for acts and deeds of the Local
Government, its employees or agents during the performance of the Project.
To the extent provided by law, the Local Government shall also indemnify and save
harmless the State from any and all expense, including, but not limited to,
attorney's fees which may be incurred by the State in litigation or otherwise
resisting said claim or liabilities which may be imposed on the State as a result of
such activities by the Local Government, its agents, or employees.
The Local Government, by contract, shall require its contractor(s) and
subcontractor(s), prior to doing any work on the Project to:
(1) secure an insurance policy in the maximum statutory limits for tort liability,
naming the State as an additional insured under its terms; and
(2) indemnify and hold harmless the Local Government. and the State from
all claims, liability, and damage resulting from the contractor's and/or
subcontractor's performance under the contract.
Article 18. Notices
All notices to either party by the other required under this Agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail,
(electronic notice being permitted to the extent permitted by law but only after a separate
written consent of the parties), addressed to such party at the following addresses:
Local Government:
City of Denton
Attention: City Engineer
901-A Texas Street
Denton, Texas 76209
State:
Texas Department of Transportation
Attn: Director of Contract Services
125 East 11 t" Street
Austin, Texas 78701
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Either party may change the above address by sending
written notice of the change to the other party. Either party may request in writing that such
notices shall be delivered personally or by certified U.S. mail and such request shall be
honored and carried out by the other party.
Article 19. Right of Access
If the Local Government is the owner or otherwise controls access to any part of site of the
Project, the Local Government shall permit the State or its authorized representative
access to the site to perform any activities authorized in this Agreement.
Page 6 of 9
CSJ: 0134-09-034
ROW/UTL: 0134-09-053
District: 18-Dallas
Code Chart #: 11400
Project: US 380
Limits: From West of Bonnie Brae Street to US 377
Funding Category: RTR (SH 121 Subaccount )
Article 20. Project Documents
Upon completion or termination of this Agreement, all documents prepared by the State
shall remain the property of the State. All data prepared under this Agreement by the
Local Government shall be made available to the State without restriction or limitation on
their further use. All documents produced or approved or otherwise created by the Local
Government shall be transmitted to the State in the form of photocopy reproduction as
required by the State. The originals shall remain the property of the Local Government. At
the request of the State, the Local Government shall submit any information required by
the State in the format directed by the State.
Article 21. Inspection of Books and Records
The Local Government shall keep a complete and accurate record to document the
performance of the work on the Project and to expedite any audit that might be conducted.
The Local Government shall maintain records sufficient to document that funds provided
under the Agreement were expended only for eligible costs that were incurred in
accordance with all applicable state and local laws, rules, policies, and procedures, and in
accordance with all applicable provisions of this Agreemer�t. The Local Government shall
maintain all books, documents, papers, accounting records and other documentation
relating to costs incurred under this Agreement and shall make such materials available to
the State for review and inspection during the contract period and for four (4) years from
the date of completion of work defined under this Agreement or until any pending litigation
or claims are resolved, whichever is later. Additionally, the State shall have access to all
governmental records that are directly applicable to this Agreement for the purpose of
making audits, examinations, excerpts, and transcriptions.
Article 22. NCTCOG
Acceptance of funds directly under the Agreement or indirectly through a subcontract
under the Agreement acts as acceptance of the authority of NCTCOG and RTC to assist
the Local Government's implementation of financial reporting and environmental review
concerning the Project. The Local Government shall provide to NCTCOG on a monthly
basis a report of expenses, including the Local Government's expenditure of local match
funds. The report shall list separately the expenditures by Project's phase as shown in
Attachment A, including but not limited to engineering, environmental review, right of way
acquisition, and construction. The report shall also describe interest earned on money
from the SH 121 Subaccount, including the interest rate, interest earned during the month,
and cumulative interest earned. The report shall further describe the status of developing
the Project. Not less than 60 days before the environmental review document is submitted
to the governing body of the Local Government for final approval, the Local Government
shall submit the document to NCTCOG for review and comment. NCTCOG may provide
the Local Government technical assistance on the environmental review of the Project as
mutually agreed between NCTCOG and the Local Government.
Page7of9
CSJ : 0134-09-034
ROW/UTL: 0134-09-053
District: 18-Dallas
Code Chart #: 11400
Project: US 380
Limits: From West of Bonnie Brae Street to US 377
Funding Category: RTR (SH 121 Subaccount )
Articie 23. State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from
the State directly under the Agreement or indirectly through a subcontract under the
Agreement. Acceptance of funds directly under the Agreement or indirectly through a
subcontract under this Agreement 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.
Article 24. Amendments
By mutual written consent of the Parties, this contract may be amended prior to its
expiration.
Article 25. Termination
The Agreement may be terminated in the following manner:
• by mutual written agreement and consent of both parties;
• by either party upon the failure of the other party to fulfill the obligations set forth
herein, after a 45 day period to cure after receiving written notice of non-
compliance;
• by the State if the Local Government does not let the construction contract for the
Project within one year after the State first provides 121 Funds for construction as
shown in Attachment A, Payment Provision and Work Responsibilities;
• by the State if the Local Government does not complete the Project within ten years
after the effective date of the Agreement;
• by the State if it determines that the performance of the Project is not in the best
interest of the State.
Article 26. Work by Debarred Person
The Local Government shall not contract with any person that is suspended, debarred,
proposed for debarment, declared ineligible, or voluntarily excluded from covered
transactions by any federal agency or that is debarred or suspended by the State.
Article 27. Sole Agreement �
The Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement's subject matter.
Article 28. 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
Page 8 of 9
CSJ: 0134-09-034
ROW/UTL: 0134-09-053
District: 18-Dallas
Code Chart #: 11400
Project: US 380
Limits: From West of Bonnie Brae Street to US 377
Funding Category: RTR (SH 121 Subaccount )
agreement. The Local Government may assign its interests under the Agreement only
with the written approval of the State.
Article 29. Remedies
The Agreement shall not be considered as specifying an exclusive remedy for a breach of
the Agreement. All remedies existing at law or in equity are available to either Party and
are cumulative.
Article 30. Legal Construction
If a provision of the Agreement shall be held invalid, illegal or unenforceable, such
invalidity, illegality or unenforceability shall not affect any other provision, and the
Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable
provision.
Article 31. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this
agreement on behalf of the party they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed
duplicate counterparts to effectuate this Agreement.
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 heretofore approved and authorized by the Texas
Transportation Commission.
By Date
Janice Mullenix
Director, Contract Services Section, General Services Division
THE LOCAL GOVERNMENT — CITY OF DENTON
By:
George C. Campbell
City M, nager
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Page 9 of 9
Date " °0 � %�O , 2 a/�
ATTEST:
JE ER WALTERS, CITY SECRETARY
�
By:
AP VED AS O LEGAL FORM:
ANITA BURGESS, I TTO Y
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y
BY: � .�
f
CSJ : 0134-09-034
ROWfUTL: 0134-09-053
District: 18-Dallas
Code Chart #: 11400
Project: US 380
Limits: From West of Bonnie Brae Street to US 377
Funding Category: RTR (SH 121 Subaccount )
ATTACHMENT A
Payment Provision and Work Responsibilities
For CSJ# 0134-09-034, the State wiil pay $847,511.73 from the SH 121 Subaccount for:
construction to facilitate the Local Government's utility relocation, to include the removal- of
medians and the placement of temporary pavement along US 380 from east of Bonnie
Brae Street to west of Hinkle in the City of Denton, to allow for and be used during the
State's reconstruction and widening from a 4-lane divided roadway to a 6-lane divided
urban roadway.
In accordance with the allocation of funds approved by the RTC, and concurred with by
the Texas Transportation Commission, the State will apply SH 121 Subaccount funds for
the following work in the following Fiscal Years:
PROJECT COSTS
Regional Toll
Fiscal Total Estimate Revenue (RTR) Local
Description Year Cost SH 121 Subaccount Government
Funds Partici ation Participation
Utilities 2012 $847,511.73 100% $847 511.73 0% $0
TOTAL $847,511.73 $847,511.73 $0
The Local Government required Local Match is not applicable to this Aare�ment
Upon completion of the Project, the Local Government will issue a signed "Notification of
Completion" document to the State. The notice shall certify that the Project has been
completed, all necessary inspections have been conducted, and the Project is open to
traffic.
1 of 1 Attachment A