2017-249S:\Legal\Our pocuments\Ordinances\17\TxDOT Mayhill-US 380 Sidewalk Ordinance.doc
ORDINANCE NO, 2� 17-249
AN ORDINANCE OF THE CITY OF DENTON, TEXAS �PPROVING A LOCAL PROJECT
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT
CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Texas ("State), acting through the Texas Department of
Transportation ("TxDOT") is completing a highway-related improvement generally described
constructing a raised median with left turn lanes, adding right turn lanes and restriping for shared
use along US 377 from SL 288 to US 377/US 380 intersection in Denton County; and
WHEREAS, the City of Denton ("City") has requested that the State allow the City to
participate in said improvement by funding that portion of the improvement described as the
construction of a 10-feeet sidewalk addition along US 380 between Mayhill Road and the nature
park in the City of Denton; and
WHEREAS, the City and TxDOT desire to enter into a Local Project Advance Funding
Agreement (the "Agreement") for the improvements, in substantially the same form as attached
hereto as Exhibit "A"; and
WHEREAS, the City Council finds that the 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.
SECTIONmm2. The City Manager, or his designee, is hereby authorized to execute the
Agreement, in substantially the same form as attached hereto as Exhibit "A", on behalf of the
City with TxDOT, and is further authorized to carry out the rights and duties of the City under
the Agreement, including the expenditure of funds provided for therein.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _ �o� � day of ��,�;����,���,,m�'" , 2017.
WATTS, MAYt�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY: _ : . . ..._....
Page 1
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
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BY: � � ..e �.
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Exhibit A
CSJ #: 0135-10-057
District #: 18-Dallas
Code Chart #: 11400
Project: US 380
Limits: From SL 288 to US 377/US 380 Intersection
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 �u��+ s�� L���u�c�����, acting by 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, Texas Transportation Commission Minute Order Number 114872 authorizes the State to
undertake and complete a highway improvement generally described as raising median with left turn
lanes, adding right turn lanes and restriping for shared use along US 377 from SL 288 to US 377/US
380 intersection in Denton County; and,
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 a 10-feet sidewalk addition along US 380 between Mayhill Road and the nature park
in the City of Denton, 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.
AFA—LPAFA_VolProj Page 1 of 4 Revised 02/26/2016
CSJ #: 0135-10-057
District #: 18-Dallas
Code Chart #: 11400
Project: US 380
Limits: From SL 288 to US 377/US 380 Intersection
County: Denton
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.
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
AFA—LPAFA_VolProj Page 2 of 4 Revised 02/26/2016
CSJ #: 0135-10-057
District #: 18-Dallas
Code Chart #: 11400
Project: US 380
Limits: From SL 288 to US 377/US 380 Intersection
County: Denton
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.
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 GOV� IV ENT — CITY OF DENTON THE STATE OF TEXAS
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BY: � .. odd._ � mm. �. BY: . ...�������........����
Hilem�n Kenneth Stewart
City Manager Director of Contract Services
Texas Department of Transportation
Date� �" � ����.�. �' �, � ,� ��, Date:
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Approved as to Form:
City Attorney
By:
City Attorney
ATTEST:
Jennifer Walters
Cc� � e�r����
By .
,��nruflf � Walters
City S �retary
AFA—LPAFA_VolProj Page 4 of 4 Revised 02/26/2016
CSJ #: 0135-10-057
District #: 18-Dallas
Code Chart #: 11400
Project: US 380
Limits: From SL 288 to US 377/US 380 Intersection
County: Denton
Attachment A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
The Local Government will be responsible for 100% of the cost and overruns for the construction of a
10-feet sidewalk addition along US 380 between Mayhill Road and the nature park in the City of
Denton
The ProA��� cost is to be as follows:
Total
Description Estimated Federal State Local
Amount Participation Participation Participation
s • . -�� � -♦ "'. � . - ; ' 1 1�'. '� #*,
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100% $757,912.d
100% $81,020.7
100% $39,941.9
Total Estimated Local Government Participation =,"�3r� �7�.;r' �
Total Estimated Payment by the Local Government to the State prior to construction =,>�I� �37�.��"'�
This is an estimate only, The final amount of the Local Government participation will be based o n actual costs.
Maintenance Cost by the Local Government
Upon completion of the Project, the Local Government shall be responsible for 100% of the cost and overruns
for the State to maintain any required or needed maintenance work on the Project's10-feet sidewalk addition
along US 380 between Mayhill Road and the nature park in the City of Denton
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