2005-354S:\Our Documents\Ordinances\05\LPAFA Ordinance-2.doc
ORDINANCE NO.R0Q5 -3rjy
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON,
TEXAS TO EXECUTE A LOCAL PARTICIPATION ADVANCED FUNDING AGREEMENT
FOR AN OFF-SYSTEM PROJECT RELATED TO THE IMPLEMENTATION OF THE
PROPOSED PEDESTRIAN IMPROVEMENTS THROUGH UNICORN LAKE/SUNDOWN
RANCH PROJECT IN THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the elements of the contracts that vary from project to project include the
project specifications and the funding arrangements; and,
WHEREAS, for purposes of streamlining the contract process, the Texas Department of
Transportation (TxDOT) has designed two agreements: (1) a Master Advance Funding
Agreement (MAFA) and (2) a Local Project Advanced Funding Agreement (LPAFA); and,
WHEREAS, the MAFA contains what may become statewide contract standards that are
currently generally agreeable to all cities and counties; and
WHEREAS, the MAFA will need, to be approved only one time by the local
municipality, county or other government political subdivision; and
WHEREAS, the City Of Denton, on June 20, 2000, entered into a MAFA with TxDOT;
and
WHEREAS, to accomplish each project, the LPAFA contains provisions related only to
the local project needs; and 2
WHEREAS, on July 9, 2001, the City of Denton Mobility Committee approved the
submittal of the Unicorn Lake/Sundown Ranch Land Use/Transportation Joint Venture project to
the North Central Texas Council of Governments for funding; and
WHEREAS, the NCTCOG subsequently funded a portion of the submittal known as
pedestrian improvements and roadway enhancements for the Unicorn Lake/Sundown Ranch
Project; and
WHEREAS, the projected cost of the Pedestrian Improvements through Unicorn
Lake/Sundown Ranch Project is estimated to be $735,910.00; and
WHEREAS, this agreement will reimburse the City of Denton for 80% of funds spent for
the construction of this project; and
WHEREAS, the Unicorn Lake/Sundown Ranch Project LPAFA would allow the project
to undergo construction; NOW THEREFORE,'
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The City Council of the City of Denton, Texas hereby approves the Local
Project Advanced Funding Agreement (LPAFA) for the Unicorn Lake/Sundown Ranch Project
in substantially the same form as the agreement attached hereto and made a part hereof by
reference. The City Manager or his designee is hereby authorized to execute the LPAFA on
behalf of the City of Denton and to exercise the rights and duties of the City thereunder including
the expenditure of funds as provided therein.
SECTION 3. This ordinance shall be effective immediately from and after its passage
and approval.
PASSED AND APPROVED this the (v'"- day of, 2005
&1-4~ A CL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY,
BY: 0.~
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY
-2-
CSJ: 0918-45-199
District #18
Code Chart 64#11400
Unicorn Lake/Sundown Ranch
From Wind River To State School
Denton County
Funding Cat: STP-MM/LU/JV
STATE OF TEXAS
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For an STP-MM Project
(Off State System)
THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of
Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State",
and the City of Denton, acting by and through its duly authorized officials, hereinafter called the "Local
Government."
WITNESSETH
WHEREAS, a Master Agreement between the Local Government and the State has been adopted,
and states the general terms and conditions for transportation projects developed through this
LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 108410 that provides for the
development of, and funding for, the project describe herein; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance dated December 6, 2005, which is attached hereto and made a part hereof as
Attachment A for development of the specific project which is identified in the location map shown as
Attachment B. ,
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, it is
agreed as follows:
AGREEMENT
1. The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement,
without exception.
3. Amendments to this LPAFA shall be made as described in the Master Agreement, without
exception.
4. Scope of Work.
The scope of work for this LPAFA is described as pedestrian/bike improvements along Wind River
Lane and State School Road connector through Unicorn Lake/Sundown Ranch development in
the City of Denton.
5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in
. the Master Agreement, without exception.
AFA-LPAFA_Offsys Page 1 of 7 Revised 2/2/06
6. Adjustment of utilities will be provided
Master Agreement without exception.
CSJ: 0918-45-199
District #18
Code Chart 64#11400
Unicorn Lake/Sundown Ranch
From Wind River To State School
Denton County
Funding Cat: STP-MM/LU/JV
by the Local Government as required and as stated in the
7. Environmental Assessment and Mitigation will be carried out by the State as stated in the Master
Agreement, without exception.
8: Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception.
9. Architectural and Engineering Services will be provided by the Local Government, without
exception. The Local Government is responsible for performance of any required architectural or
preliminary engineering work. The State shall review and comment on the work as required to
accomplish the public purposes of the State. The Local Government will cooperate fully with the
State in accomplishing these public purposes to the degree permitted by State and Federal law.
10. Construction Responsibilities will be carried out by the Local Government, without exception.
11. Project Maintenance will be undertaken as provided for in the Master Agreement, without,
exception.
12. Local Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done
prior to federal authorization will not be eligible for reimbursement. It is the Local
Government's responsibility to verify with the State that the Federal Letter of Authority has
been issued for the work covered by this Agreement.
b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. The Local Government is responsible for all non-federal and non-state funding, including all
project cost overruns, unless provided for through amendment of this agreement.
d. Prior to the performance of any engineering review work by the State, the Local Government
will pay to the State the amount specified in Attachment C. At a minimum, this amount shall
equal the Local Government's funding share for the estimated cost of State review of
preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt
of the construction bids, the Local Government shall remit its remaining financial share for the
State's estimated construction oversight and construction costs.
e. In the event that the State determines that additional funding by the Local Government is
required at any time during the Project, the State will notify the Local Government in writing.
The Local Government shall make payment to the State within thirty (30) days from receipt of
the State's written notification.
f. 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 Trust Fund." The check or warrant shall be deposited by the State in an escrow
account to be managed by the State. Funds in the escrow account may only be applied by the
State to the Project. If, after final Project accounting, excess funds remain in the escrow
account, those funds may be applied by the State to the Local Government's contractual
obligations to the State under another advance funding agreement.
AFA-LPAFA_OffSys Page 2 of 7 Revised 212106
i
CSJ: 0918-45-199
District #18
Code Chart 64#11400
Unicorn Lake/Sundown Ranch
From Wind River To State School
Denton County
Funding Cat: STP-MM/LU/JV
g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or replats, result in increased costs,
then any increased costs associated with the ordinances or changes will be paid by the local
government. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities.
h. 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.
13. 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 Government creates the documents
with its own forces or by hiring a consultant or professional provider.
14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing
provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final
execution of this LPAFA, unless such MAFA provision is specifically excepted herein.
15. 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.
16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalf of the party represented.
AFA-LPAFA_OffSys Page 3 of 7 Revised 2/2/06
k~
CSJ: 0918-45-199
District #18
Code Chart 64#11400
Unicorn Lake/Sundown Ranch
From Wind River To State School
Denton County
Funding Cat: STP-MM/LU/JV
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate
counterparts.
THE LOCAL GO RNMENT
0` By.
0~ (Si nature)
Title: ~pwc&ck M V V\
Date: -;LC6 1un6
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 or work.programs
heretofore app oved and authorized by the Texas Transportation Commission.
By: C o~
anice Mullenix
irector of Contract Services Section
Office of General Counsel
Texas Department of Transportation
Date: 7 O ado
AFA-LPAFA_OffSys Page 4 of 7 Revised 2/2/06
ATTACHMENT A
` S `~C1ur.DocumenulOrdinances~AS\LF AFA"C)rdmance 2.doc _ . - - -
ORDL~IANCL \n 35~f'
WHEREASt, the MAF 1 c.ontainsswhat, may-become statewide contracts dartis that are; .
eurrently generally agzeedble,to~all crnzs.dnd ~ouniies and: ~ -
P'll
on, rt
and
WREREAS,do accoriiohsh eaeh~pro~ect„the;LPAE'A contams'grovuions.-related only t6
„ .
ilie Iacal`pco~ect~needs,and ,
'
Improvements ihr6y'g'h, Unicorn
nd
~tlie
\VI3EREAS,ahe Utmcom [ ake $undo~vmRanch ProjccfiLP.AF.
to.unde'rgo'constiuction NOW`THEREF.ORE,;
THE00LnfCLLOFTHE'CITYkOF.PE.vTOiJ,HERERW RDAINS;,
it~ailow the project
- SEC`TIpN 2 :The City~Counul o_f,~the Gllyrof Denton;,Texas hereby appro.es the Local ,1
Erolect Advanced Funding greLment (LPAFA} for the Unicorn Lake/Sundown Ranch Project'
ii'substanUally the same toxin as the agroement attached hereto~and'made a parthereof by~
rgferen'e `yfhe City +A4anager or his+dusta ee is hereby autJ;omedE to :execute the LPAFkon
Behalf of the H ity ~f Denfon and`to azereisc the~ii'ghts and dunes of the City thereunder including=
h 1
;the `expenditure of funds as prod ideti`therein:
SECTIO I3rThis£ordinance.shallbe;effecUve'iiriinedia[ely fr`tim arid,aEterits passage.:
and approval
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P ISSED>AIVD APPRQUED thtsthe day of~iv r
. EIII~,sR~cx,4w~~oxs
ATI'ESTs .
1,I NTIFER'1VAL'F CITiY;SECRET.ARY
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ATTACHMENT B`
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