2017-006SALegal\Our Documents\0rdinances\17\UNT Ordinance 135 E Expansion.doc
WHEREAS, the City of Denton (the "City") and the University of North Texas ("UNT")
desire to enter into an Interlocal Agreement for planned enhancements related to the expansion
of Interstate 35E; and
WHEREAS, the City Council finds that the Interlocal 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
Interlocal Agreement on behalf of the City with UNT and is further authorized to carry out the
rights and duties of the City under the Interlocal Agreement, including the expenditure of funds
provided for therein.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
day of 2017.
11'1 A S,lA OR.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:' 144
STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE UNIVERSITY OF NORTH TEXAS AND
THE CITY OF DENTON, TEXAS
THIS AGREEMENT is made and entered into by and between The University of North
Texas (hereinafter "UNT") and the City of Denton, Texas, a home rule municipal corporation
(hereinafter "City"), UNT and the City are referred to individually as "Party" and are collectively
referred to herein as "Parties." This Agreement is for the purpose of providing for cost and
maintenance allocation of certain planned enhancements related to the Texas Department of
Transportation (hereinafter "TxDOT") expansion of Interstate 35E, known as the 35Express
Project (hereinafter "Project"); and
WHEREAS, UNT and the City mutually desire to be subject to the provisions of Texas
Government Code Chapter 791, the Interlocal Cooperation Act, which provides authorization for
a local government to contract with one or more local governments or other state agencies to
perform governmental functions and services under the terms of the Act; and
WHEREAS, TxDoT is currently constructing the Project in Denton County, Texas and
provided local governments with the opportunity to improve planned enhancements to certain
bridges/interchanges; and
WHEREAS, TxDOT notified the City that the North Texas Boulevard bridge over
Interstate 35E would be completely reconstructed with base level enhancements, however,
additional aesthetic, pedestrian, lighting, landscape or related enhancements above the base level
were available as an option at the City's expense and future maintenance; and
WHERE, AS, the City and UNT coordinated planning efforts for desired enhancements and
provided a list to AGL Constructors, TxDOT's contractor for the Project, and
WHEREAS, the City, through its City Council, passed Ordinance 2015-212 confirming
the cost share for the City at Three Hundred Ninety Six Thousand Three Hundred Seventy Two
Dollars and No Cents ($396,372.00) and for UNT at Three Hundred Three Thousand, Nine
Hundred Fourteen and No Cents ($303,914.00), for a total of Seven Hundred Thousand Two
Hundred Eighty Six Dollars and No Cents ($700,286.00),
NOW THEREFORE, the City and UNT, for the mutual consideration stated herein, agree
and understand as follows:
WITNESSETH:
I.
This agreement shall be effective as of December 1, 2016 and continue unless terminated
as provided herein or upon the demolition or removal of the enhancements contemplated hereby.
II.
Pursuant to Texas Government Code § 791.011, the Patties hereto agree that the purpose
of this Agreement is to ensure that certain government functions and services in the area of
requesting, purchasing, and maintaining optional enhancements to the North Texas Boulevard
Bridge as part of the TxDOT expansion of Interstate 35E. The Parties further agree that each of
them is authorized to perform the functions and services contemplated under this Agreement.
III.
A. As described in this Agreement, AGL Constructors' Letter dated May 29, 2015
attached hereto as Exhibit A, and City of Denton Ordinance Number 2015-212 attached
hereto as Exhibit B, the City agrees to pay the share of Three Hundred Ninety Six
Thousand Three Hundred Seventy Two Dollars and No Cents ($396,372.00) towards
the optional enhancements requested of TxDOT for the Project, such share to be made
payable to TxDOT as provided under the contemplated Local Project Advance Funding
Agreement attached hereto as Exhibit D. The City will also provide the electrical utility
cost to both the City of Denton and UNT medallions, pedestrian street lighting and
backlighting for the street name affixed to the bridge. The City further agrees to
provide the pavement maintenance cost for cross walks and pedestrian improvements
not covered by TxDOT, with the exclusion of any UNT branding or marking in or on
the pavement. Finally, the City agrees that it will be responsible for the maintenance
of the City of Denton medallion and the street name sign affixed to the bridge.
B. As described in this Agreement, Exhibit A, and Exhibit B, UNT agrees to pay the share
of Three Hundred Three Thousand, Nine Hundred Fourteen and No Cents
($303,914.00) towards the optional enhancements requested of TxDOT for the Project,
such share to be made payable to TxDOT as provided under the contemplated Local
Project Advance Funding Agreement attached hereto as Exhibit D. UNT also agrees
to be responsible for the future maintenance detailed as follows: (i) maintenance of the
two UNT medallions, (ii) landscape maintenance and water utility cost associated with
the landscaped areas north of the bridge, including the median improvements located
within North Texas Boulevard north of the bridge; (iii) maintenance of the light poles
as part of the standardized equipment for UNT's campus, including necessary lamp
replacement, on the bridge and near the intersection, and (iv) maintenance of UNT
branding or marking in or on the pavement within the cross walks.
IV.
Other than the amounts specified above committed to the purchase of the optional
enhancements, nothing in this Agreement obligates the City or UNT to expend a certain amount
of funds in the performance of their future and on-going maintenance obligations as herein
specified.
V.
Following the execution of this Agreement, the City will execute a Local Project Advance
Funding Agreement with TxDOT, in a form substantially similar to Exhibit D, confirming the
request of optional enhancements and committing the purchase money specified above. The City
and UNT agree to make the above specified payments pursuant to the final, executed version of
the Local Project Advance Funding Agreement, once it is signed.
VI.
In the performance of their respective duties hereunder, the Parties hereto and their
respective employees and agents, are at all times acting and performing as independent contractors
of each other. No Party will have the authority to act for or bind another Party in any respect or to
incur or assume any expense, debt, obligation, liability, tax, or responsibility on behalf of or in the
name of another Party hereto, with the exception of the City's execution of a Local Project
Advance Funding Agreement substantially similar to Exhibit D, wherein which UNT agrees to
pay the cost share specified above. UNT agrees and understands that UNT, its employees,
servants, agents, and representatives shall at no time represent themselves to be employees,
servants, agents, and/or representatives of the City. The City agrees and understands that the City,
its employees, servants, agents, and representatives shall at no time represent themselves to be
employees, servants, agents, and/or representatives of UNT.
vil.
UNT shall be responsible for the acts, negligence, and/or omissions of all UNT employees,
agents, subcontractors, and/or contract laborers and for all other persons doing work under a
contract or agreement with UNT.
VIII.
The City shall be responsible for the acts, negligence, and/or omissions of all City
employees, agents, subcontractors, and/or contract laborers and for all other persons doing work
under a contract or agreement with the City.
I.
This Agreement is not intended to extend the liability of the Parties beyond that provided
by law. Neither UNT nor the City waive, nor shall be deemed to have hereby waived, any
immunity or defense that would otherwise be available to it against claims made by third parties.
X.
The validity of this Agreement and of any of its terms or provisions, as well as the rights
and duties of the Parties hereto, shall be governed by the laws of the State of Texas. Further, this
Agreement shall be performable in Denton County, Texas.
X1.
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the Parties hereto that the remaining portions shall remain valid and in full force and
effect to the extent possible.
X11.
The undersigned officer and/or agents of the Parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto,
and each party hereby certifies to the other that any necessary resolutions extending said authority
have been duly passed and are now in full force and effect.
X111.
This Agreement and its exhibits represent the entire agreement between UNT and the City
and supersedes all prior negotiations, representations, and/or agreements, either written or oral.
This Agreement may be amended only by written instrument signed by the governing bodies of
both UNT and the City or those authorized to sign on behalf of those governing bodies.
XIV.
This Agreement becomes effective when signed by the last party whose signing makes the
respective Agreement fully executed.
XV.
This Agreement may be terminated by written agreement of the Parties,
XVI.
Any written notice that may be necessary under this Agreement shall be delivered certified
mail, return receipt requested, to the respective parties addressed as follows:
For City: Howard Martin
Interim City Manager
215 E. McKinney Street
Denton, Texas 76201
City Copy to: Anita Burgess
City Attorney
215 E. McKinney Street
Denton, Texas 76201
For UNT: Vice President for Finance
University of North Texas
P.O. Box 310500
Denton, Texas 76203
UNT Copy to: Office of General Counsel
University of North Texas System
P.O. Box 310907
Denton, Texas 76203
Executed this 15114-- day of December, 2016.
APPROVED AS TO LEGAL FORM:
Nancy Footer,
Vice Chancellor & General Counsel
Alan Stucky, Senior
Associate General Counsel
By:
Alan Stucky
Sr. Associate General Counsel
University of North Texas
1155 Union Circle, #311460
Denton, Texas 76203
By:
Bob Brown
Vice President for Finance
The City of Denton, Texas
215 E. McKinney Street
Denton, Texas 76201
By:
Howard Martin,
Interim City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: mc
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY
By:
r
May 29, 2015
Mark Nelson, Transportation Director
City of Denton
215 E. McKinney
Denton, TX 76201
RE: IH 35E Managed Lanes Project— North Texas Blvd. Aesthetic Upgrades
Dear Mr. Nelson,
SL# CODT0008
This letter serves as a continuation of the coordination with the City of Denton concerning the
betterments requested by the City of Denton and LINT as part of the IH35E Managed Lanes project. The
cost proposal for North Texas Blvd Aesthetic Upgrades includes the following items: bent cap logos,
bridge identification logo on the bridge rails, medallion signs, landscaping, decorative sidewalks &
crosswalks, and illumination items. The cost proposal is for a total amount of $700,286.00.
AGL Constructors is seeking concurrence from the City of Denton's and LINT on the betterment cost. li
the City and LINT concur with the cost of the betterment, TOOT will provide an agreement to be
executed by the City of Denton under separate cover. If the City concurs with the location and cost for
this betterment, please sign and return this letter by June 5, 2015. Thank you for your partnership and
continued support In moving this project forward.
If you have any questions, please do not hesitate to contact Dan Horvath at 214-483-7582 or
danhorvath@aglconstructors.com.
Sincerely,
r
Gary Geppert
Deputy Project Manager
Cc: Varuna Singh, PE, TOOT
Enclosures: Betterment Pricing Summary and Exhibit
1505 Luna Road, Suite 134 • Carrollton, Texas 75006 • T: 214-483-7500 o F: 888-284-3249
14YI n
ProjectIH 35E Managed Lanes •Upgrades
Signature Section for City of Denton
oncur
❑ Do not concur
z' /-/-/ -----------
Printed Narne res Date
Title/Ag+ncY
Signature Section for University of North Texas
Concur
Do not concur
Printed Name " Signature Date
FV
Title/Agency
1505 Luna Road, Suite 134 • Carrollton, Texas 75006 • T: 214.483-7500 • F: 888-284-3249
I�Fa North Texas
Blvd
Bridge Upgrades
7M, #t5
City of Denton
Attention To: Purchasing Department
215 E. McKinney Street Denton, TX 76201
Phone: 940.349.8200
�f
i
JOB NAME North Texas Blvd Bridge Aesthetic Upgrades DATE:
Summary of Request Proposal
A. Developer Labor (Construction)
1 Wages $ 47,630,00
2 Labor Burden (55%) $ 26,196.50
B. Materials
Permanent Materials $ 37,588.00
Construction Materials $ 60,314.00
C. Equipment
Equipment Cost $ 17,749-00
D. Subcontracts
Subcontractors Cost
Trucking Cost
E. Bond and Insurance Item
Bond and Insurance Cost (1.19%)
F. Overhead Items
Labor (25%)
Materials (15%)
Subcontracts and Utility Direct Costs (5"/a)
G. Contingency Item
Contingency Item (10%)
$ 385,040.00
$ 2,708,00
$ 6,868.98
5/27/2015
$ 73,826.50
$ 97,902.00
$ 17,749.00
$ 387,748.00
S F R6R 911
$ 18,456.63
$ 14,685.30
$ 19,387.40
$ 52,529 33
$ 63,662.38
$ 621,662 19
Grand Total — ----- $ 700,286.00
Note:
1. This proposal includes landscaping, refer to bid item 500940 and see landscaping exhibits attached,
2 UNT will furnish the pedestrian lights, banner poles, and medallions.
3. Item 400750 includes the following: installation of the banner and pedestrian light poles, furnishing and installing
conduit and power cable for the banner poles, light poles, two (2) Medallions lighting, and a portion of the electrical service connection.
4. Item 401750 includes the following: two (2) Medallions lighting and the remainder of the electrical service connection
5. AGL will furnish and install Reliance Foundry (Model R-7902) Bollard Posts along the 15' Wide Sidewalk, refer to bid item 400806.
6 See attached proposed rail lettering and logo concept. City of Denton logo on both ends of bent cap "North Texas Blvd." on
outside of both bridge rails, see bid item 400300 and 401300, These bid items include painting the logo structures.
7. Under bid item 400400 and 401400, this proposal includes the following items: connection design, wall panel
design for supporting medallions, installing the four (4) medallions, and furnishing and installing modified wall panels and connections.
8. Bid Item 400930 includes the Islands and Ramp Upgrades including thermoplastic application (pavement markings) with
two (2) UNT Logo Letters at the intersections.
9. Bid item 401930 includes the sidewalks and crosswalk upgrades including thermoplastic application (pavement markings),
Page 1 of 16
1505 Luna Road Suite # 134 Carrolton, TX 75006 Phone: 214-483-7500 Fax: 1-668-264-3249
1 *461 ti 104 , 11 11
ORDINANCE NO. 2015-212
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AFFIRMING THE OF COMMITMENT OF THE CITY OF DENTON, TEXAS TO THE
NORTH TEXAS BOULEVARD BRIDGE IN CONJUNCITON WITH THE 35EXPRESS
PROJECT IN THE AMOUNT OF $396,372 AND AUTHORIZING THE CITY MANAGER,
OR HIS DESIGNEE, TO EXECUTE A LETTER OF INTENT BETWEEN THE TEXAS
DEPARTMENT OF TRANSPORTATION, ARCHER WESTERN CONTRACTORS, LLC,
GRANITE CONSTRUCTION COMPANY AND LANE CONSTRUCTION COMPANY AND
THE UNIVERSITY OF NORTH TEXAS TO INITIATE FINAL DESIGN; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the 35Express Project is a Design -Build Joint Venture with Archer Western
Contractors, LLC, Granite Construction Company and Lane Construction Company (collectively
AGL) and the Texas Department of Transportation (TxDOT). The 28.1 mile project includes
three segments; North, Middle and South. The City of Denton is located in the North Segment,
US 380 (University) in Denton to FM 2181 (Swisher) in Corinth/Lake Dallas; and
WHEREAS, the North Texas Boulevard bridge will be the only bridge structure in the
City corridor to be reconstructed to the ultimate design as part of the current 35Express Phase I
project which includes both University of North Texas (UNT) and City branding; and
WHEREAS, the City has submitted the proposed design concept to TxDOT and AGL to
review and provide formal cost estimates and received a $700,286 cost estimate for engineering,
design and construction of the North Texas Boulevard Bridge Project from AGL; and
WHEREAS, a cost sharing agreement has been negotiated between UNT and the City
based on specific elements of the proposed design for the North Texas Boulevard Bridge Project.
The .UNT share of the total cost is $303,914 and will require specific maintenance
responsibilities by UNT related to landscaping, pedestrian lighting and pavement "branding."
The City will fund the remaining $396,372 for the proposed enhancements; and
WHEREAS, AGL and TxDOT are requesting that the City sign a letter of intent to
initiate final design and indicating a commitment to facilitate and fund the North Texas
Boulevard Bridge Project in conjunction with the 35Express Project; and, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council of the City of Denton hereby affirms its intent to funding
its $396,372 commitment to the North Texas Boulevard Bridge Project in conjunction with the
35Express Project.
SECTION 2. The City Manager, or his designee, is authorized letter of intent to initiate
final design and indicating a commitment to facilitate and fund the North Texas Boulevard
Bridge Project in conjunction with the 35Express Project.
SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of July, 2015.
ctwxj-'�v
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
,I'1' DIED AS TO LEGAL FORM:
ANITA BURGESS, CITY SECRETARY
OVA 0
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 City of Denton, 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
private entities for the design, construction, expansion, extension, related capital maintenance,
rehabilitation, alteration, or repair of a highway project; and
WHEREAS, the Texas Transportation Commission (the Commission) passed Minute Order Number
113398 dated December 13 2012 designates the IH 35E Managed Lanes Project in Denton County
as a design -build project; and
WHEREAS, Texas Transportation Commission Minute Order Numbers 112844 and 113074 authorize
the State to undertake and complete a highway improvement generally described as the
reconstruction of a 4 -lane roadway facility to a 6-8 mainlane facility, the construction 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.
WHEREAS, the Texas Transportation Commission passed Minute Order Numbers 113250 and
113526, authorizing the State to undertake and complete a highway improvement generally described
as the reconstruction of a 4 -lane roadway facility to a 6-8 mainlane facility, the construction of 2
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, landscaping, decorative sidewalks and
crosswalks, and illumination items in the City of Denton, Denton County, 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:
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." The check or warrant shall be deposited by the State and managed by the
State. The funds may only be applied by the State to the Project. If after final Project accounting
excess funds remain, 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.
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 whether the local entity creates the documents with its own forces or by
hiring a consultant or professional provider. At 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 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 #: 1 B -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 Department of Transportation
125 E. 11 th 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
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.
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 LOCAL GOVERNME T — CITY OF DENTON
Howard Martin
City Manager
Date: l c t --1—o 17
Approved as to Form:
Anita Burgess
City Attorney .
By:
Anita Burgess
--y
City Attorney
ATTEST:
Jennifer Walters
City Secretary
By: hq
0r.
If if
,Y4,nnifer Walters
City Secretary
THE STATE OF TEXAS
Kenneth Stewart
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 76fJ.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 Project cost is to be as follows:
TOTAL FEDERAL STATE LOCAL
ESTIMATED PARTICIPATION PARTICIPATION PARTICIPATION
DESCRIPTION COST
Construction (by State) $605.941 0%—
$0 0% $0 Fixed $605.941
Direct State Cost — CST @ 9.19% $55,686 0% $0 0% $0 Fixed $55,686
Indirect State Cost @ 6.38% $38,659 0% $0 0% $0 Fixed $38,659
TOTAL $700,286 $0 $0 (fixed) $700,286
Total Local Government participation = $700,286 {fixed)
Payment by the Local Government to the State upon full execution of this agreement:700,286_(tixe
Total payment by the Local Government to the State: $700,286 (fixed)
The total amount of Local Government participation shall not exceed the amount appearing above.
Protect Maintenance by the Local Government
Upon completion of the Project by the State, the Local Government will assume responsibility for the cost
and overruns associated with the maintenance of the Project to include the repair, replacement, repainting
and/or other required or needed maintenance work of the aesthetic upgrades to the North Texas
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
The total amount of Local Government participation, including the State's direct and indirect costs, 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 shall not exceed the Local Government fixed contribution. The State will be responsible for
the Project construction cost overruns.
Construction
The State is responsible 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