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22-1270DocuSign Envelope ID: A9B857DE-3790-40DD-8FF5-7B4F3560F516 ORDiNANCE NO. 22-1270 AN ORDINANCE OF THE CITY OF DENTON RATIFYING AND AUTHORIZING THE CiTY MANAGER, TO EXECUTE AN ADVANCE FUNDING AGREEMENT WITH THE TEXASDEPARTMENT OF TRANSPORTATION FOR A PROJECT USING FUNDS HELD IN THE STATE HIGHWAY 121 SUBACCOUNT-ROADWAY IMPROVEMENTS (OFF STATESYSTEM) PROVIDING FOR THE EXTENSION OF MAYHEL ROAD AS A FOUR-LANEDIVIDED URBAN ARTERIAL ROADWAY FROM IH 35 EAST TO US 380 IN THE CITY OFDENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; ANDPROVIDING AN EFFECTIVE DATE. WHEREAS, on February 18, 2010, the City of Denton ("City") and the Texas Department of Transportation ('’TxDOT") entered into an original Advance Funding Agreement regarding the expansion ofMayhill Road from a two-lane rural road to a four-lane divided urban arterial roadwayfrom Interstate Highway 35E to US 380 (CS J: 0918-46-246); and WHEREAS, the original project was split into two (2) phases. Phase 1 (complete) extends from US 380 to north of Quail Creek Road. Phase 2 extends from Colorado Boulevard to existing Phase 1 just north of Quail Creek Road (CS J: 0918-46-325; herein referred to as the “Project”); and WHEREAS, the Project includes a four-lane divided road section with a four-lane bridge over the Dallas Area Rapid Transit right of way, sidepaths, trails and a regional flood control structures; herein referred to as the “Project.” WHEREAS, the required public improvements associated with the Project include extending Mayhill Roadway as a four-lane divided primary arterial roadway with a four-lane bridge crossing over the existing Dallas Area Rapid Transit (“DART“) right-of-way, sidepaths, trails, and a regional flood control structures; and WHEREAS, State funding will provide Four Million and no Dollars ($4,000,000.00) of Project funding, accounting for Eighty percent (80%) of additional Project construction costs; and WHEREAS, the City will provide Twenty percent (20%) of Project funding as local match in the amount of One Million and no Dollars ($1,000,000.00) of additional Project costs in the sumof Five Million and no Dollars ($5,000,000.00), and WHEREAS, due to the nature of the TXDOT’s funding availability and the need for Cityapproval prior to June 1, 2022, this ratification is necessary in order for the City to receive TXDOTfunds for the Project; and WHEREAS, the City Council having considered the importance of the Project to the citizens of Denton 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 Agreement attached hereto by and between theCity and TxDOT; NOW, THEREFORE, uocublgn bnvelope IU: A9B857DE-379040DD-8FF5-7B4F3560F516 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 as true and as if fully set forth in the body of this ordinance. SECTION 2. The City Manager, or their designee, is hereby authorized to execute onbehalf of the City the Advanced Funding Agreement (“AFA) with the 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. 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. That this ordinance shall become effective immediately upon its passage and approval. Th, m,ti,„ t, ,pp„„, thi, „di„,„„ w„ made by Jesse DaOI S and seconded by V tai By\ M . The ordinance was passed and approved by the following vote U_ - A: J Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Back District 2:Jesse Dads. District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5: Chris Watts, At Luge Place 6: 1// 1/’ b/- JCP b/# P PASSED AND APPROVED thi, th, Z’t~bay of QiAn&2022 DocuSign Envelope ID: A9B857DE-3790-40DD-8FF5-7B4F3560F516 G£RARD HODSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY 1\\\11111111 By :i/z -ka APPROVED AS TO LEGAL FORM: MACK RE[NWAND, CITY ATTORNEY by: at&qahitl N. S HATHiSIE=4®R DocuSign Envelope ID: A9B857DE-379040DD-8FF5-7B4F3560F516 CSJ: 0918-46-325 AFA ID: ZOOO03068 Project: Mayhill RoadLimits: South of Spencer Road to IH 35EDistrict: 18-DallasCode Chart: 11400 Funding Category: Cat. 3 RTFR (SH 121) STATE OF TEXAS S COUNTY OF TRAVIS S ADVANCE FUNDING AGREEMENT FOR 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 throughthe Texas Department of Transportation (the State), and the City of Denton (Local Government), 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 ofsurplus revenue of a toll project for a transportation project, highway project, or air quality project 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 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 planning organization (MPO); and WHEREAS, in Minute Order 110727, dated October 26, 2006, the Texas TransportationCommission (the “Commission”) approved a memorandum of understanding (MOU) with the Regional 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 atoll project, subject to Commission concurrence; and WHEREAS, the Local Government has requested money from the SH 121 Subaccount for the expansion of a 2-lane rural road to a 4-lane divided urban arterial on Mayhill Road fromSouth of Spencer Road to IH 35E in the City of Denton (Project); the RTC has selected the Project to be funded from the SH 121 Subaccount; and the Commission concurred in theselection and authorized the expenditure of money from SH 121 in Minute Order 116195,dated January 27, 2022; and RTR Off System Page 1 of 10 Revised 2/20/2019 DocuSign Envelope ID: A9B857DE-379C3-40DD-8FF5-7B4F3560F516CSJ: 0918-46-325 AFA ID: ZOOO03068 Project: Mayhill RoadLimits: South of Spencer Road to IH 35EDistrict: 18-DallasCode Chart: 11400 Funding Category: Cat. 3 RTF: (SH 121) WHEREAS, the Local Government is a political subdivision and governmental entity bystatutory definition; and WHEREAS, Government Code, Chapter 791, and Transportation Code, 5201.209 authorize the State to contract with municipalities and political subdivisions to perform governmentalfunctions 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 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 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 isattached 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 theexpenditure, in accordance with the Texas Department of Transportation bill pattern inSenate Bill, 87th Legislature; and (2) thirty days after execution of this Agreement. IfAttachment 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 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. A Fiscal 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: A9B857DE-3 ;F5-7B4F3560F51 6CSJ: 0918-46-325 AFA ID: ZOOO03068 Project: Mayhill RoadLimits: South of Spencer Road to IH 35EDistrict: 18-DallasCode Chart: 11400 Funding Category: Cat. 3 RTFR (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 beinsufficient 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 121Subaccount. 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 other reason, 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 Agreementthat are not expended in accordance with the requirements of this Agreement. Upon completion of the Project, the Local Government will issue a signed “Notification ofCompletion” document to the State acknowledging the Project’s completion. If at project 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. 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 of execution 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 costsincurred 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 phasesas 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 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 that date 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, 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 files. Article 8. Design Standards and Construction SpecificationsThe 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: A9B857DE-379040DD-8FF5-7B4F3560F516CSJ: 0918-46-325 AFA ID: ZOOO03068 Project: Mayhill RoadLimits: South of Spencer Road to IH 35EDistrict: 18-DallasCode Chart: 11400 Funding Category: Cat. 3 RTR (SH 121 ) construction management and inspection procedures. Article 9. Right of WayExcept 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 allnecessary 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, rulesand 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 shall ensure that the project complies with all environmental review and public involvementrequirements 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 is in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Departmentof Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas CivilStatutes. 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 propertyinterests needed for the Project. RTR Off System Page 4 of 10 Revised 2/20/2019 DocuSign Envelope ID: A9B857DE-379040DD-8FF5-7B4F3560F516CSJ: 0918-46-325 AFA ID: ZOOO03068 Project: Mayhill Road Limits: South of Spencer Road to IH 35EDistrict: 18-DallasCode Chart: 11400 Funding Category: Cat. 3 RTF: (SH 121 ) 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 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 all costs 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 a. 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.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 and from 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, and from any claims or amounts arising or recovered under the "Workers' Compensationlaws"; 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 c. 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 LocalGovernment, its employees or agents during the performance of the Project.d. To the extent provided by law, the Local Government shall also indemnify and saveharmless 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 the Local Government, its agents, or employees. 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, RTR Off System Page 5 of 10 Revised 2/20/2019 DocuSign Envelope ID: A9B857DE-379040DD-8FF5-7B4F3560F516CSJ: 0918-46-325 AFA ID: ZOOO03068 Project: Mayhill RoadLimits: South of Spencer Road to IH 35EDistrict: 18-DallasCode Chart: 11400 Funding Category: Cat. 3 RTFR (SH 121 ) (electronic notice being permitted to the extent permitted by law but only after a separatewritten consent of the parties), addressed to such party at the following addresses: Local Government State City of DentonAnn: City Manager215 E McKinney StreetDenton, 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 suchnotices 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 AccessIf 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. Article 20. Project DocumentsUpon completion or termination of this Agreement, all documents prepared by the Stateshall 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. Atthe 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 RecordsThe Local Government shall keep a complete and accurate record to document theperformance 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 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 ofcompletion 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, RTR Off System Page 6 of 10 Revised 2/20/2019 DocuSign Envelope ID: A9B857DE-379040DD-8FF5-7B4F3560F516CSJ: 0918-46-325 AFA ID: ZOOO03068 Project: Mayhill RoadLimits: South of Spencer Road to IH 35EDistrict: 18-DallasCode Chart: 11400 Funding Category: Cat. 3 RTFR (SH 121) examinations, excerpts, and transcriptions. Article 22. NCTCOG Acceptance of funds directly under the Agreement or indirectly through a subcontract underthe 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 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 governingbody of the Local Government for final approval, the Local Government shall submit the document to NCTCOG for review and comment. NCTCOG may provide the LocalGovernment 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 directionof 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. AmendmentsBy 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 as shown 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 PersonThe 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: A9B857DE-3790-40DD-8FF5-7B4F3560F516CSJ: 0918-46-325 AFA ID: ZOOO03068 Project: Mayhill RoadLimits: South of Spencer Road to IH 35EDistrict: 18-DallasCode Chart: 11400 Funding Category: Cat. 3 RTR (SH 121) 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 andsupersedes any prior understandings or written or oral agreements respecting theAgreement’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 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 be construed 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 Commissionfor the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas TransportationCommission. DocuSlgned by: S+LWMt @cm/enne Director of Contract Services Texas Department of Transportation Date: 5/19/2022 RTR Off System Page 8 of 10 Revised 2/20/2019 DocuSign Envelope ID: A9B857DE-3790-40DD-8FF5-7B4F3560F516CSJ: 0918-46-325 AFA ID: ZOOO03068 Project: Mayhill Road Limits: South of Spencer Road to IH 35EDistrict: 18-DallasCode Chart: 11400 Funding Category: Cat. 3 RTR (SH 121 ) THE LOCAL GOVERNMENT – CITY OF DENTON Mack Reinwald ,a,e.9W,}Vb9r” R;BggTm&:FTCity Engineer/Director of Capital Projects Date: 5/19/2022 DHt6igRed bFBy:jiT:! Sara- F16nsley Dat:,pt?/'bBq% Ma'ag'’ ATTEST:Rosa Rios City Secretary DHuStBa8d by:By:aRosa Rios City Secretary 5/25/2022 RTR Off System Page 9 of 10 Revised 2/20/2019 DocuSign Envelope ID: A9B857DE-3790-40DD-8FF5-7B4F3560F516CSJ: 0918-46-325 AFA ID: ZOOO03068 Project: Mayhill RoadLimits: South of Spencer Road to IH 35EDistrict: 18-DallasCode Chart: 11400 Funding Category: Cat. 3 RTR (SH 121) ATTACHMENT A Payment Provision and Work Responsibilities For CSJ# 0918-46-325, the State will pay $4,000,000 from the SH 121 Subaccount for the expansion of a 2-lane rural road to a 4-lane divided urban arterial, extension of FM 2499 in theCity of Denton . 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: Total EstimateCost Regional Toll Revenue (RTFR) SH121 Subaccount Funds Participation $4,000.000 $4,000,000 Description Local Government Participation Construction (by LocaTOTAL $5,000,000 $5,000,000 $1 ,000,000 $1 ,000,000 The Local Government required match is $1.000,000. 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. RTR Off System Page 10 of 102/20/2019 Revised