Loading...
22-1272DocuSign Envelope ID: IAD8C198-6BB842BA-82D9-EFB659CF76F2 ORDinANCE NO, 22-1272 AN ORDINANCE OF THE CITY OF DENTON RATiFYrNG AND AUTHORIZING THE CITYMANAGER, TO EXECUTE AND DELIVER AN ADVANCE FUNDING AGREEMENT WITHTHE TEXAS DEPARTMENT OF TRANSPORTATION FOR A PROJECT USING FUNDS HELDIN THE STATE HIGHWAY 121 SUB ACCOUNT PROVIDING FOR AN EXPANSION OFHICKORY CREEK ROAD FROM A TWO-LANE RURAL ROADWAY TO A FOUR-LANEDIVIDED URBAN ROADWAY AND INTERSECTION IMPROVEMENTS ON HICKORY CREEKROAD FROM FM 1830 TO RIVERPASS DRIVE IN THE CITY OF DENTON; AUTHORIZINGTHE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas ("City”) and the Texas Department of Transportation (’'TxDOT") have entered into an Advance Funding Agreement regarding the expansion of Hickory Creek Road from a two-lane rural roadway to a four-lane divided urban roadway from FM 1830 to Riverpass Drive (CS J: 0918-46-332); herein referred to as the “Project”); and WHEREAS, the City and TxDOT have agreed to increase participation in the project, expanding it to cover a Bridge over existing rail lines; and WHEREAS, TxDOT fbnding will provide Ten Million Dollars ($10,000,000.00) of the project funding; accounting for Nineteen percent (19 %) of the total Project costs; and WHEREAS, the City will provide Twenty percent (20%) of the total project funding as local match in the amount of Two Million, Five Hundred Thousand and no Dollars ($2,500,000.00) covering the total estimated amount of the Project cost in the sum of Fifty-Three Million, Two Hundred Ninety-Eight Thousand Four Hundred, Seven Hundred Twenty-One and no Dollars ($53,298,721.00);and WHEREAS, due to the nature of the TXDOT’s funding availability and the need for City approval prior to June 1, 2022, this ratification is necessary in order for the City to receive TXDOT funds for theProject; and WHEREAS, the City Council having considered the importance of the Hickory Creek Road Phase 3 Project to the citizens of Denton, Texas and finding that it is in the public’s health and safety interest, is of the opinion that it should ratify and approve the Advanced Funding Agreementattached hereto by and between the City and TxDOT: NOW, THEREFORE, THE COUNCIL OF THE crrY OF DENTON HEREBY ORDArNS: SECTION 1. The findings and recitations contained in the preamble of this ordinanceare incorporated herein by reference as true and as if fully set forth in the body of this ordinance. SECTION 2. The City Manager of tb City of Denton, or their designee, is hereby authorized to execute on behalf of the City the Local Transportation Project Advance FInding Agreement (" AFA”) with tlr Texas Department of Transportation, a copy of which is attached hereto as Exhibit " A" and made a part hereof for all purposes. SECTION 3. The City Manager, or their designee, is further authorized to carry out all duties and agreements to be performed by the City under the AFA, including, but not limited to, the expenditure of funds. DocuSign Envelope ID: IAD8C198-6BB842BA-82D9-EFB659CF76F2 SECTION 4. Any previous expenditures regarding the AFA are hereby confirmed, ratified, and approved, and the expenditure of funds in accordance with the City Manager’s expenditure authority is hereby authorized. SECTION 5 approval. That this ordinance shall become effective immediately upon its passage and The motio] and seconded b y following vote [ „„,d, by Jm the ordinance was passed and approved by the Aye Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5: \/ \/ \/ b/ L/ U/ L/Chris Watts, At Large Place 6: PASSED AND APPROVED thi, th, ad,y ,fJwl , 2022. GE:Kb ATTEST: ROSA RIOS, CITY SECRETARY /Jb _, . b\\BIt IIt/f/ BY: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY By: DocuSign Envelope ID: 2B4D33D9-ECFD4272-AD9:>9B34063DDOC8 CSJ: 0918-46-332 AFA ID: ZOOO03148 Project: Hickory Creek Road Limits: FM 1830 to Riverpass DriveDistrict: 18-DallasCode Chart: 11400 Funding Category: RTF: (SH 121 ) STATE OF TEXAS § COUNTY OF TRAVIS S ADVANCE FUNDING AGREEMENTFOR A PROJECT USING FUNDS HELD IN THESTATE HIGHWAY 121 SUBACCOUNT– Roadway Improvements (Off State System) THIS AGREEMENT (the Agreement) is between the State of Texas, acting by and through the Texas Department of Transportation (the State), and the City of Denton (LocalGovernment) , collectively, the “Parties. WITNESSETH WHEREAS, the State has received money from the North Texas Tollway Authority for theright to develop, finance, design, construct, operate, and maintain the SH 121 toll projectfrom 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 qualityproject within the district of the Texas Department of Transportation in which any part of thetoll project is located; pursuant to Transportation Code, 5228.012 the State has created aseparate 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 theregion in which a project is located, and may assign the responsibility for allocating money inthe subaccount to a metropolitan planning 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 theRegional Transportation Council (RTC), which is the transportation policy council of theNorth 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 WHEREAS, the Local Government has requested money from the SH 121 Subaccount forthe reconstruction of a 2-lane rural roadway to a 4-lane divided urban roadway andintersection improvements on Hickory Creek Road from FM 1830 to Riverpass Drive in theCity of Denton (Project); the RTC has selected the Project to be funded from the SH 121Subaccount; and the Commission concurred in the selection and authorized the expenditure of money from SH 121 in Minute Order 1 16195, dated January 27, 2022; and RTR Off System Page 1 of 10 Revised 2/20/2019 DocuSign Envelope ID: 2B4D33D9-ECFD4272-AD9:b9B34063DDOC8CSJ: 0918-46-332 AFA ID: ZOOO03148 Project: Hickory Creek RoadLimits: FM 1830 to Riverpass DriveDistrict: 18-DallasCode Chart: 11400 Funding Category: RTFq (SH 121) WHEREAS, the Local Government is a political subdivision and governmental entity by statutory definition; and WHEREAS, Government Code, Chapter 791, and Transportation Code, 5201.209 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’simplementation 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 theagreement fully executed, and the State and the Local Government will consider it to be infull force and effect until the Project described herein has been completed and accepted byall parties or unless terminated, as hereinafter provided. Article 2. Project FundingThe 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, which is attached hereto and made a part of this agreement. Except as provided in the nextsucceeding 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 the Texas Department of Transportation bill pattern inSenate Bill 1, 87th 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 acertain expenditure (e.g. construction) for the Project in a certain fiscal year, then the Statewill make the payment from the SH 121 Subaccount to the Local Government for suchexpenditure no later than 30 days after the beginning of the designated Fiscal Year. AFiscal Year begins on September 1 (for example, the 2013 Fiscal Year began September 1 ,2012) Article 3. Separate Account; InterestAll funds paid to the Local Government shall be deposited into a separate account, andinterest earned on the funds shall be kept in the account. Interest earned may be used onlyfor 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 ofinterest earned will not count towards the 20 percent local match requirement set forth in this Agreement. RTR Off System Page 2 of 10 Revised 2/20/2019 DocuSign Envelope ID: 2B4D33D9-ECFD4272-AD9:>9B34063DDOC8 CSJ: 0918-46-332 AFA ID: ZOOO03148 Project: Hickory Creek RoadLimits: FM 1830 to Riverpass DriveDistrict: 18-DallasCode Chart: 11400 Funding Category: RTFq (SH 121 ) Article 4. Shortfalls in FundingThe Local Government shall apply all funds to the scope of work of the Project described inAttachment A, Payment Provisions and Work Responsibilities, and to none other. All costoverruns are the responsibility of the Local Government. However, should the funds be insufficient to complete the work contemplated by the Project, the Local Government maymake further request to the RTC and the State for additional funds from the SH 121 Suk>account. Funds may be increased only through an amendment of this Agreement. Ifthe SH 121 Subaccount does not contain sufficient funds to cover the balance necessary tocomplete the Project, or if the RTC or the Commission decline the request for any otherreason, then the Local Government shall be responsible for any shortfall. Article 5. Return of Project FundingThe 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. Uponcompletion of the Project, the Local Government will issue a signed “Notification ofCompletion” document to the State acknowledging the Project’s completion. If at projectend, 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. Exceptfor 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 togetherwith any interest earned on the funds if the Project is not completed within 10 years ofexecution of the Agreement. Article 6. Local Match The Local Government shall be responsible for the required 20 percent local match asdescribed in Attachment A, Payment Provisions and Work Responsibilities. The costs incurred by the Local Government prior to the execution of this Agreement will count towardsthe 20 percent local match requirement provided such costs are for RTC-approved phasesas shown in Attachment A. At the end of each Fiscal Year the Local Government’scumulative expenditures of local match funds must be no less than 20 percent of thecumulative SH 121 Funds received by the Local Government up to that date under theAgreement, and must be for the uses approved for payments of SH 121 Funds up to thatdate as specified in Attachment A, Payment Provision and Work Responsibilities Article 7. Procurement and Contracting ProcessThe State may review the Local Government’s procurement of professional services forengineering, surveying, and right of way acquisition, letting of construction contracts, andconduct of construction management and inspection. The Local Government shall certifycompliance 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 theproject files. Article 8. Design Standards and Construction Specifications The Local Government shall implement the Project using the Local Government’sestablished design standards, construction specifications, procurement processes, and RTR Off System Page 3 of 10 Revised 2/20/2019 DocuSign Envelope ID: 2B4D33D9-ECFD4272-AD9b9B34063DDOC8 CSJ: 0918-46-332 AFA ID: ZOOO03148 Project: Hickory Creek RoadLimits: FM 1830 to Riverpass DriveDistrict: 18-DallasCode Chart: 11400 Funding Category: RTR (SH 121) 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 theplans 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 forreimbursement 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 Governmentmust 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 InvolvementEach 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 tribunalsaffecting the performance of this Agreement as applicable to it. When required, the LocalGovernment shall furnish the State with satisfactory proof of compliance. As provided in 43TAC 2.3(b)(1)(A), the State’s environmental review requirements do not apply to the Projectbecause the State is funding the Project solely with money held in a project subaccountcreated under Transportation Code, Section 228.012. However, the Local Government shallensure that the project complies with all environmental review and public involvement requirements applicable to the Local Government under State and federal law in connectionwith the Project. The Local Government shall obtain the opinion of legal counsel showing theLocal Government’s environmental review and public involvement for the Project complieswith state law and regulations, and with local laws, regulations, rules, policies, andprocedures applicable to the Local Government. The Local Government shall maintain a copy of the certification in the project files. Article 12. Compliance with Texas Accessibility Standards and ADAThe Local Government shall ensure that the plans for and the construction of the Project isin 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 consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101 -336). Article 13. Work Outside the Project SiteThe Local Government shall provide both the necessary right of way and any other property interests needed for the Project. Article 14. Insurance If this agreement authorizes the Local Government or its contractor to perform any work onState right of way, before beginning work the entity performing the work shall provide the RTR Off System Page 4 of 10 Revised 2/20/2019 DocuSign Envelope ID: 2B4D33D9-ECFD4272-AD9:b9B34063DDOC8 CSJ: 0918-46-332 AFA ID: ZOOO03148 Project: Hickory Creek RoadLimits: FM 1830 to Riverpass DriveDistrict: 18-DallasCode Chart: 11400 Funding Category: RTF: (SH 121 ) State with a fully executed copy of the State’s Form 1560 Certificate of Insurance verifyingthe existence of coverage in the amounts and types specified on the Certificate of Insurancefor 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 onState right of way shall cease immediately, and the State may recover damages and allcosts of completing the work. Article 15. Audit Within 120 days of completion of the Project, the Local Government shall perform an auditof the costs of the Project. Any funds due to the State will be promptly paid by the LocalGovernment. Article 16. Maintenance The Local Government shall be responsible for maintenance of the Project. Article 17. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, oremployee 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. a b. To the extent permitted by law, the Local Government agrees to indemnify and saveharmless the State, its agents and employees from all suits, actions or claims andfrom all liability and damages resulting from any and all injuries or damages sustainedby any person or property in consequence of any neglect, error, or omission in theperformance of the design, construction, maintenance or operation of the Project bythe Local Government, its contractor(s), subcontractor(s), agents and employees, andfrom any claims or amounts arising or recovered under the "Workers' Compensation laws"; the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and RemediesCode; or any other applicable laws or regulations, all as from time to time may beamended 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 orenterprise, 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. C d. 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’sfees which may be incurred by the State in litigation or otherwise resisting said claimor liabilities which may be imposed on the State as a result of such activities by theLocal Government, its agents, or employees. Article 18. Notices All notices to either party by the other required under this Agreement shall be deliveredpersonally 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: RTR Off System Page 5 of 10 Revised 2/20/2019 DocuSign Envelope ID: 2B4D33D9-ECFD4272-AD93-9B34C)63DDOC8 CSJ: 0918-46-332 AFA ID: ZOOO03148 Project: Hickory Creek RoadLimits: FM 1830 to Riverpass DriveDistrict: 18-DallasCode Chart: 11400 Funding Category: RTFq (SH 121) Local Government:State City of DentonAttn: City Manager215 E McKinney Street Denton, Texas 76201 Texas Department of TransportationAttn: Director of Contract Services125 East 1 1 th 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 sendingwritten 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 behonored 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 theProject, the Local Government shall permit the State or its authorized representative accessto the site to perform any activities authorized in this Agreement. Article 20. Project DocumentsUpon 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 LocalGovernment 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 LocalGovernment shall be transmitted to the State in the form of photocopy reproduction asrequired 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 theState in the format directed by the State. Article 21. Inspection of Books and RecordsThe 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 providedunder the Agreement were expended only for eligible costs that were incurred in accordancewith all applicable state and local laws, rules, policies, and procedures, and in accordancewith all applicable provisions of this Agreement. The Local Government shall maintain allbooks, documents, papers, accounting records and other documentation relating to costsincurred under this Agreement and shall make such materials available to the State forreview 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 areresolved, whichever is later. Additionally, the State shall have access to all governmentalrecords that are directly applicable to this Agreement for the purpose of making audits,examinations, excerpts, and transcriptions. RTR Off System Page 6 of 10 Revised 2/20/2019 DocuSign Envelope ID: 2B4D33D9-ECFD4272-AD9&9B34063DDOC8 CSJ: 0918-46-332 AFA ID: ZOOO03148 Project: Hickory Creek RoadLimits: FM 1830 to Riverpass DriveDistrict: 18-DallasCode Chart: 11400 Funding Category: RTFR (SH 121 ) 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 LocalGovernment’s implementation of financial reporting and environmental review concerning the Project. The Local Government shall provide to NCTCOG on a monthly basis a report ofexpenses, including the Local Government’s expenditure of local match funds. The report shall list separately the expenditures by project phase as shown in Attachment A, includingbut not limited to engineering, environmental review, right of way acquisition, andconstruction. The report shall also describe interest earned on money from the SH 121 Subaccount, including the interest rate, interest earned during the month, and cumulativeinterest 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 thedocument 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. Article 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 underthis 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 withthose funds. An entity that is the subject of an audit or investigation must provide the stateauditor 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: a. By mutual written agreement and consent of both parties;b. 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;c. By the State if the Local Government does not let the construction contract for theProject within one year after the State first provides 121 Funds for construction asshown in Attachment A, Payment Provision and Work Responsibilities; d. By the State if the Local Government does not complete the Project within ten years after the effective date of the Agreement. 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 RTR Off System Page 7 of 10 Revised 2/20/2019 DocuSign Envelope ID: 2B4D33D9-ECFD4272-AD9:b9B34063DDOC8 CSJ: 0918-46-332 AFA ID: ZOOO03148 Project: Hickory Creek Road Limits: FM 1830 to Riverpass DriveDistrict: 18-DallasCode Chart: 11400 Funding Category: RTFR (SH 121) transactions by any federal agency or that is debarred or suspended by the State. Article 27. Sole AgreementThe Agreement constitutes the sole and only agreement between the parties andsupersedes any prior understandings or written or oral agreements respecting theAgreement’s subject matter. Article 28. Successors and AssignsThe 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.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 arecumulative. 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 beconstrued as if it did not contain the invalid, illegal or unenforceable provision. Article 31. Signatory WarrantyEach signatory warrants that the signatory has necessary authority to execute thisagreement on behalf of the entity represented. Each party is signing this agreement on the date stated under that party’s signature. 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 orwork programs heretofore approved and authorized by the Texas TransportationCommission . DocuSigned by:kUMa(L S+LWAy+ 7eFFneTh MDirector of Contract Services Texas Department of Transportation Date. 5/23/2022 RTR Off System Page 8 of 10 Revised 2/20/2019 DocuSign Envelope ID: 2B4D33D9-ECFD4272.AD93-9B34063DDOC8 CSJ: 0918-46-332 AFA ID: ZOOO03148 Project: Hickory Creek RoadLimits: FM 1830 to Riverpass DriveDistrict: 18-DallasCode Chart: 11400 Funding Category: RTFR (SH 121) THE LOCAL GOVERNMENT – CITY OF DENTON DocuSigned by: By:Mack Reinwand Date:?Py,+JB’,"y DocuSlgned by: eda'nOhlfTBy:EBF:gvmeTTFT City Engineer/Director of Capital ProjectsDate. 5/20/2022 ' ' B,: th.iT:#Sara hens16y Interim .City ManagerDate. 5/23/20Z2 - ATTEST :Rosa Rios City S%,rBIHad ,” By: tR:::.E::,Rosa 'i:Tag .a,£:y,?,99b§b'~ RTR Off System Page 9 of 10 Revised 2/20/2019 DocuSign Envelope ID: 2B4D33D9-ECFD4272-AD93-9B34063DDOC8 CSJ: 0918-46-332 AFA ID: ZOOO03148 Project: Hickory Creek RoadLimits: FM 1830 to Riverpass DriveDistrict: 18-DallasCode Chart: 11400 Funding Category: RTF: (SH 121 ) ATTACHMENT A Payment Provision and Work Responsibilities For CSJ# 0918-46-332, the State will pay $10,000,000 from the SH 121 Subaccount for the reconstruction of a 2-lane rural roadway to a 4-lane divided urban roadway and intersectionimprovements on Hickory Creek Road from FM 1830 to Riverpass Drive in the City of Denton(Project) In accordance with the allocation of funds approved by the RTC, and concurred with by theTexas Transportation Commission, the State will make the payments for the following work inthe following Fiscal Years: Description Fiscal 1 Total EstimateYearCost Regional TollRevenue (RTFq)SH 121 Subaccount Funds Participation LocalGovernmentContribution Local Match ENGROW UTIL Construction ConstructionTOTAL 2019 2021 2021 2023 2023 $2.999,200 ,988.356;3.801.505 $29,009,660$12,500,000 $53 18,721 M $0 $0 10,000,000 $10,000,000 999.200 $4, 988,356$3,801 ,505 $29,009.660 $0 $40,798,721 The Local Government required match is $2,500,000. 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 beencompleted, all necessary inspections have been conducted, and the Project is open to traffic. Allcost overruns are the responsibility of the Local Government. RTR Off System Page 10 of 10 Revised 2/20/2019