The URL can be used to link to this page

2017-007S:\Legal\Our pocuments\Ordinances\17\TxDOT Ordinance 135 E Cxpansion.doc •''� � • 1 ��, . �.�; . , � � � � . ....�, . � . ••� . � . � . • ; � � � . � . � •.• � •. •,�• . � �• • . � . . � � .. � � . . �' � ! •' � � ! ' : • � • • �� 11 :.1! • • ' � !� ; � � .,.. . ... • ., ► . 1. � :•�: . 1 �� ,� �� : 1 . � R: • �� : �.� ..... � ,� . ,� �� . .�� . .: � : •� . . : ��•� ��... �� .� � ..i� �.. �. � ,� ��.... � , . .. �. . .. � ►. . �. �: . 1 . �: � • .. ..... ♦ �. �... .. ! : 1 .. .• � . � �� : : . l: . .�: . . �, ....... 1 �. ��. 1 .. ! ► �� i�: !: . �� 1.. ... , �... : ��. WHEREAS, the City of Denton (the 66City99) and the Texas Department of Transportation ("TxDOT"} desire to enter into an Local Project Advance Funding Agreement for planned enhancements related to the expansion of Interstate 35E; and WHEREAS, the City Cauncil finds that the Local Project Advance Funding Agreement is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Local Praject Advance Funding Agreement on behalf of the City with TxDOT. The City Manager, or his designee, is hereby authorized ta carry out the rights and duties of the City under the Local Project Advance Funding Agreement including the expenditure of funds pravided for therein. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � day of �,� ��u _w . , 2017. ,� � r ,� � �; : �,�' �� °""� ��, ��: _.__ w,..�_ C� � w� WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY '`� � �'r� r � � BY: � �� ✓� �'f�._�r�.�� ,� P APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY A"i � �)��1 °aY ��.`. X �° _ .�� .... �;. rF 444 ...a �� '� ...� �'' ��,� � �� ' � � � �, ,d ..: �, .� BY: 1--�..,�,.� , u_,. �� —__ _ .,.., mmm . .....� �r Page 1 CSJ #: 0195-03-050 District #: 18-Dallas Code Chart 64 #: 11400 Project: IH 35E Limits: From US 77 South of Denton to IH 35W County: Denton 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 �itv c�� a�ri��n, acting by and through 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, Government Code, Chapter 791, and Transportation Code Chapter 201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, the Texas Transportation Code Chapter 223 authorizes design-build contracts with privat� entities for the design, ca��struction, �x��t�s�ion, extension, related capital maintenance, re��i9itation, alteration, or re�aa�r of a highw�y �r�ject; and V��i�F��A�, th� ��xas �r�r�sp�r�a�ion Commission (the Com�r�Ts�ion) ��sed Minute Ord�� t��b�� 1�� c� I��.�r�r�b�r 13, ��1� designates the IH 35E Mar��c��d L�r��s Project in De�1t�� t�r�fy as a design-build project; and WHEREAS, Texas Transportation Commission Minute Order Numbers � 1��44 ��rd i 1��t authorize the �t�t� to undert�� and c+�mpl�ie a highway impr�v�ment generally t��ri��d as the rec�r��tr�ction of a 4-i�ne r��dw�y facility to a 6-8 m�inlane facility, the c�r�strL��tion of 2 concurrent managed high occupancy vehicle (HOV) lanes, and 2-3 lane frontage road on each side on IH 35E from US 77 South of Denton to IH 35W in Denton County. VVN�PSE��, t�� 7��s Tr�r��r��k�crr� ��ni�ti��i�n ��d f^��n��t� Clr��r N�a��ber� ��3�� r�� 11 ��„ ��rthc�riz�n� i9�� t�t� tc� ��r��k� a��c� c�e�+pl�i� a hi��w�ay im�rc�v�meni c��r��r�liy d��cribed �� t�e rec�rr�tr��ti�n of � 4=I�i�� r�adway facrl�ty t� � 6-8 r�r��i��l�r�� f�cili�yp t�� cor��tru�tic�n af � concurrent managed high occupancy vehicle (HOV) lanes, and 2-3 lane frontage road on each side on IH 35E from FM 2181 South in the City of Corinth to LP 288 in Denton County; and, AFA—LPAFA_VolProj Page 1 of 5 Revised 02/26/2016 CSJ #: 0195-03-050 District #: 18-Dallas Code Chart 64 #: 11400 Project: IH 35E Limits: From US 77 South of Denton to IH 35W County: Denton WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as the construction of aesthetic upgrades to North Texas Boulevard to include bent cap logos, bridge identification logo on the bridge rails, medallion signs, lac�dsc�ping, decorativ� ��dewalks and crosswalks, and illumination items in the City of D��nton, �7�t�i�r� County, call�� he "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: AGREEMENT 1. Time Period Covered Th� ��riod of this ��c�ti Proj��t Advance Funding Ac�r�err�ent (LPAFA) is as �t��d in th� �+aster Agr�e�r�ent Goverrrir�� Local �r�f�sportation Project Adv�race Funding Agree��r�t� (MA��i�, without exception. 2. Project Funding �nd Work Responsibilities The State will autl�orize the performance of only tha�� Pr�j�ct items o! vv�r� w��h th� l��acal Government has requested and has agreed to �ay f�r� as d��cribed in A�ta��nt A, I��yment Provision and Work Responsibilities which is atta��d to ��c� made a�a�rt �� t1�� con�r��i. In ��elitie�t� t� i�i�ntifyir�� it��r� ra� w�r� ��i� tc�r by ��yrr��i� to the �i�� Ati'a�cl�rr��rlt A, �'�.y�'��r�t �re�v�s��n ��rd V'V�rk Ft��c�nsi�a�liti��, �I�� s�a��ifi�� t�ose Proj��t it�rr�s �f w�rk th�t are t�r� r��n�i�ility c�f th� L��al ��verr��r�re��i �r�cf �vill t�� rit�d �ut and ��+�r��al�ted �� ih� �c�cal 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 ��v�r��m�nt �h�iN �`��r�it a��k t�r vuarr��r�t r��de ��y'�C�� t� 1�� '"�`�x�s �e��rtn�t�r�t c�� a°��portat`s�t�." T}�� ci�e�k �r w�r�•�nt �h�ll i�� d��es�ik�c� I�y t�e �fi�t� a�rd m��a��d !�y ih� ��t�, i�� un�� rr��y �nly b� �p��i�d f�y ��e �1ate �� fl�� r�j��t. �f after fi�al �r�j��t �c�r��nting excess funds remain, those fur�� s�ay be a#��Ii�d 1��+ the State to the Local Government's contractual obligations to the �t�t� ur��er �r�c�k��r adv�nce funding agreement with approval by appropriate personnel of the Local Government. 4. Right of Access If the Local Government is the ��rc�� of any ��rt of the Project site, the Local Government shall permit the State or its authoriz�d re�presentativ� access to the site to perform any activities required to execute the work. AFA—LPAFA_VolProj Page 2 of 5 Revised 02/26/2016 CSJ #: 0195-03-050 District #: 18-Dallas Code Chart 64 #; 11400 Project: IH 35E Limits: From US 77 South of Denton to IH 35W County: Denton 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 vs�h�tl��r the local entity e��at�� t�� d�e�R�+�r�i� wit� �� owr� �c�rc�� or by hiring a consultant or ��f��sional provider. At �Fi� ��qu��i �f t�� S�at�x t�� Local ��ernment shall submit any information required by the Stat� ir� ih� farr�n�t c�ir�cied by the �t�t�. 8. Inspection and Conduct of Work �nl�� c�th�r5rvi�� ecific�lly �t�t,�d in Att��hn��rt� A, I��ym�r7t �r�c�vi�iarr �r�t� W�rk F§��pQn�ibi�itG�s, t�+ this c�antr��t, th� Stat� will su�s�rv�� d ir�r�p��t �il w�rk ��rPc�rm�d h�r��nder �n� pr�avide such ��rc�ir��ring i��p�c�ic�� ar�� t��tin� ��rvs�� may bc r�q��ired to ��sur� �h�t �I�e Pr�j�ct is ��nnpli�h�d i� �ccar��nce with the ap�t��ved pl�� n� �p�cif}��i��. A!! �c�rr�s�c��der�� ar�d ir��tru�tic�r�� to the contra�t�r perforrr�kn� �:I�� work will be the s�l� i°��p��sil�ili�y �f t17� �tat�. �JnE�� k�erwise 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 in Attachment A, Payment Provision and work Responsibilities of this agreement. 10. Maintenance Project maintenance will be under the conditions as provided in Attachment A, Payment Provision and Work Responsibilities of this agreement. 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, AFA—LPAFA_VolProj Page 3 of 5 Revised 02/26/2016 Local Government: Transportation Director City of Denton 215 East McKinney Denton, Texas 76201 CSJ #: 0195-03-050 District #: 18-Dallas Code Chart 64 #; 11400 Project: IH 35E Limits: From US 77 South of Denton to IH 35W County: Denton 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 �x�c�t#ion of this LPAFA, unless such MAFA �r�vision i� s��cifically �xcepted ir� t��is �gr�ement. Ar�y ��nflict between the terms of the MAFA ��d this L��FA shall �� overned and ��r�tr�lled by this LPAFA. 16. State Auditor 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 subc��fir��t t�nder t�� ontract. Acceptance of funds directly under the contract or indirectly thr�+ugh a su��r�tr��t 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 perform�rr� t�e work shall provide the State with a fully executed copy of the State's Form 1560 e�ertificat� �f Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and ��titi�s working on State right of way. This cover�c�� shall be maintained until all work on the �taC� right of way is complete. If coverage is not o��intained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. AFA—LPAFA_VolProj Page 4 of 5 Revised 02/26/2016 CSJ #: 0195-03-050 District #: 18-Dallas Code Chart 64 #: 11400 Project: IH 35E Limits: From US 77 South of Denton to IH 35W County: Denton 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 LC7G,Ar�. GOVERNMEIVT — CITY OF DENTON � � � � �} �� By: r�� %�� t �'" ' ��F d'�� `� ` ._..._.. Howard Martin � �" City Manager y�� Date: � � �._.�� .. Approved as to Form� Anita Burgess City Attorn��y � � ��-- �� -�� .. s ;�.��,, Anita Burgess City Attorney ATTEST: Jennifer Walters City Secretary By: �... � �� , �� ( ennifer Walters City Secretary THE STATE OF TEXAS .�„" a� , __� , ... Bya : ,. ��' �Y. s� Kenneth Si� � � Director of Contract Services Texas Department of Transportation Date: � � _ AFA—LPAFA_VolProj Page 5 of 5 Revised 02/26/2016 CSJ #: 0195-03-050 District #: 18-Dallas Code Chart 64 #: 11400 Project: IH 35E Limits: From US 77 South of Denton to IH 35W County: Denton Attachment A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government will provide a fixed contribution in the amount of 7�10 ��6 to the State for the State to construct aesthetic upgrades to North Texas Boulevard to include bent cap logos, bridge identification logo on the bridge rails, medallion signs, landscaping, decorative sidewalks, crosswalks, and illumination items on IH 35E from US 77 South of Denton to IH 35W in the City of Denton. The State will be responsible for the Project construction cost overruns. The �rc�� cost is to be as follows: TOTAL ESTIMATED DESCRIPTION COST — ��. Construction (bv State) $605,941 Direct State Cost — CST @ 9.19% $55,686 Indirect State Cost @ 6.38% $38,659 ..__..� I TOTAL $700,286 FEDERAL STATE LOCAL PARTICIPATION PARTICIPATION PARTICIPATION 0% $0 0% $0 Fixed $605,941 0% .� $0 0%. . $0 Fixed $55,686 0% $0 0% $0 Fixed $38,659 $0 $0 (fixed) $700,286 Total Local Government participation = ,�7Gti�,�� [f��r�� Payment by the Local Government to the State upon full execution of this agreement: ��`�a��8� fix�e�� Total payment by the Local Government to the State: it�� Exed The total amount of Local Government participation shall not exceed the amount appearing above. Pr�r��ci I�agr�t�r��rr�:e bY tl�� L�c�l �t�v��r�rr��;�t Upon ��fetion of the Projec;t hy tile �'�ate, the �_�ac�l Government will assume responsibility for the cost and ov�r��ans associated with �i�� t�nance of the Proj��t �� include the repair, repl�cem�r�ta repainting and/or other required or needed maintenance work of the ��fhetic upgrades to the Nsarth T��ca� Boulevard including items for bent cap logos, bridge identification logo on the bridge rails, medallion signs, landscaping, decorative sidewalks and crosswalks, and illumination items in the City of Denton. Upon written notification and approval by the State, the Local Government shall maintain the Project in accordance with applicable State roadway maintenance manuals and standards. Increase Cost �iW��e tc�t�f arna��nt of Local Government participation, including t�� k�te's direc� ��r�� indirect costs, for the State to construct aesthetic upgrades to North Texas Boul�u��d fo includ� t��nt cap logos, bridge identification logo on the bridge rails, medallion signs, land��ping, r��rative sidewalks, crosswalks, and illumination items on IH 35E from US 77 �+��th of �ent�n to IH 35W in the City of Denton shall not exceed the Local Government fixed contribution. The State will be responsible for the Project construction cost overruns. Construction The �t�t� i� r�sponsible to ensure that all construction items of work for the Project are completed in accordance with the approved plans and specifications. AFA—LPAFA_VolProj Page 1 of 1 Attachment A