2007-264ORDINANCE NO. 2007-Xo~
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON, TEXAS AN
ADVANCE FUNDING AGREEMENT IN THE AMOUNT OF $90,976.95 BY AND
BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS DEPARTMENT OF
TRANSPORTATION (TXDOT) FOR THE CONSTRUCTION OF A RIGHT TURN
LANE IN CONJUNCTION WITH THE LOOP 288 WIDENING PROJECT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager of the City of Denton or his designee is hereby
authorized to execute on behalf of the City of Denton an "Advance Funding Agreement
For Voluntary Local Government Contributions to Transportation Improvement Projects
With No Required Match" in the amount of $90,976.95 with the Texas Department of
Transportation (TXDOT), in accordance with the terms of said Agreement, relating to the
funds for the construction of a right turn lane in conjunction with the Loop 288 widening
project; a copy of such agreement being attached hereto and made a part hereof for all
purposes and referenced as Exhibit "A" (the "Agreement").
SECTION 2. The City Manager or his designee is the City's authorized
representative who is directed to comply with any assurances, conditions, or agreements
required to be executed to receive the funds provided under the Agreement.
SECTION 3. All prior actions of the City Manager and other City officials in
executing various documents and certifications with regard to said advance funding
agreement are hereby approved and ratified.
SECTION 4. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the 6-0 day of 2007.
P RR . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
)L\ Om A-2
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By / I I D 0
CSJ # 2250-01-021, 012
District # 18
Code Chart 64 #11400
Loop 288: From US 380
To IH35E
Denton County
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS AGREEMENT 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, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out,
construct, maintain, and operate a system of streets, roads, and highways that comprise the State
Highway System; and,
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221,
authorize the State to contract with municipalities and political subdivisions; and,
WHEREAS, Commission Minute Order Numbers 110266, 108812, 109460 and 107892 authorizes
the State to undertake and complete a highway improvement generally described as widening Loop
288 to a six (6) lane urban facility; 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 right turn lane on Loop 288 from Station 10129+00 to Station 10133+00
approximately 500 feet north of the Spencer Road intersection, hereinafter 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
Article 1. Time Period Covered
This agreement becomes effective when signed by the last party whose signing makes the
agreement 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 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, Project Budget
and Description which is attached to and made a part of this contract.
AFA-AFA_VoITIP Page 1 of 6 Revised 5/19/06
CSJ # 2250-01-021, 012
District # 18
Code Chart 64 #11400
Loop 288: From US 380
To IH35E
Denton County
In addition to identifying those items of work paid for by payments to the State, Attachment A, Project
Budget and Description, 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.
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.
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.
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.
Article 3. 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.
Article 4. 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.
Article 5. Responsibilities of the Parties
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.
Article 6. 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.
AFA-AFA_VoITIP Page 2 of 6 Revised 5/19/06
CSJ # 2250-01-021, 012
District # 18
Code Chart 64 #11400
Loop 288: From US 380
To IH35E
Denton County
Article 7. Interest
The State will not pay interest on funds provided by the Local Government. Funds provided by the
Local Government will be deposited into, and retained in, the State Treasury.
Article 8. Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A, Project Budget and Description, 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 herein by reference, or special specifications approved by the
State.
Article 9. Increased Costs
In the event it is determined that the funding provided by the Local Government will be insufficient to
cover the State's cost for performance of the Local Government's requested work, the Local
Government will pay to the State the additional funds necessary to cover the anticipated additional
cost. The State shall send the Local Government a written notification stating the amount of
additional funding needed and stating the reasons for the needed additional funds. The Local
Government shall pay the funds to the State within 30 days of the written notification, unless
otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the
additional funds, this contract shall be mutually terminated in accord with Article 11 - Termination. If
this is a fixed price agreement as specified in Attachment A, Project Budget and Description, this
provision shall only apply in the event changed site conditions are discovered or as mutually agreed
upon by the State and the Local Government.
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.
Article 10. Maintenance
Upon completion of the Project, the State will assume responsibility for the maintenance of the
completed Project unless otherwise specified in Attachment A to this agreement.
Article 11. Termination
This agreement may be terminated in the following manner:
♦ by mutual written agreement and consent of both parties;
♦ by either party upon the failure of the other parry to fulfill the obligations set forth herein;
by the State if it determines that the performance of the Project is not in the best interest of the
State.
AFA-AFA_VoITIP Page 3 of 6 Revised 5/19/06
CSJ # 2250-01-021, 012
District # 18
Code Chart 64 #11400
Loop 288: From US 380
To IH35E
Denton County
If the agreement is terminated in accordance with the above provisions, the Local Government will be
responsible for the payment of Project costs incurred by the State on behalf of the Local Government
up to the time of termination.
Upon completion of the Project, the State will perform an audit of the Project costs. Any funds
due to the Local Government, the State, or the Federal Government will be promptly paid by
the owing party.
Article 12. 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, (electronic notice being
permitted to the extent permitted by law but only after a separate written consent of the parties),
auu1e55eu to sucn party at ine roliowina aaaresses:
Local Government:
City of Denton
Attn: City Manager
215 East McKinney
Denton, TX 76201
notices shall be deemed given on the date so del
State:
Texas Department of Transportation
Attn: Denton County Area Engineer
2622 W. Prairie Street
Denton, TX 76202
or so denosited in tha mail mlacc
otherwise provided herein. Either party may change the above address by sending written 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 be honored and carried out by
the other party.
Article 13. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between the Local Government and the State, the latest agreement shall take
precedence over the other agreements in matters related to the Project.
Article 14. 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.
Article 15. Amendments
By mutual written consent of the parties, this contract may be amended prior to its expiration.
Article 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.
AFA-AFA_VoITIP Page 4 of 6 Revised 5/19/06
CSJ # 2250-01-021, 012
District # 18
Code Chart 64 #11400
Loop 288: From US 380
To IH35E
Denton County
Article 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.
Article 18. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate
counterparts to effectuate this agreement.
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 approved and authorized by the Texas Transportation Commission.
By
William L. Hale, P.E.
Dallas District Engineer
THE LOCAL GOVERNMENT
Date
Name of the Local Go rn errt--ei of Denton
By r Date1
Typed or Printed Name and Title
GevLae d. L~~r>7,~6e11
fU Marj a 2 v'
AFA-AFA_VoITIP Page 5 of 6 Revised 5/19/06
CSJ # 2250-01-021, 012
District # 18
Code Chart 64 #11400
Loop 288: From US 380
To IH35E
Denton County
ATTACHMENT A
Project Budget and Description
The Local Government will pay for the cost of the construction of the right turn lane on Loop 288 from
Station 10129+00 to Station 10133+00, approximately 500 feet north of the Spencer Road
intersection. The Local Government's estimated cost of this additional work is $90,976.95, including
construction items, mobilization and engineering and contingencies. The State has estimated the
project to be as follows:
Description
Total
Estimate
Cost
Federal
Participation
state
Participation
Local
Participation
Cost
%
Cost
% Cost
'
£ 4t 17a y
. ENGINE
f.r Y 9T4.mv*_'4..L°~S.FeiT.l
ERING
+'`Wr'*Wb"k `
& CONSTR
?A4u citk"ZWS
UCTkION
MY`2EiLxusN$lxxF
COSTSq,
h, tF^SFIk'.` d
L:k
.e s
. N
Nh 'dw4'?s. m!YiiYi{"v
Construction of
$72,358.88
0%
$0.00
0%
$0.00
100%
$72,358.88
Mobilization
$7,236.00
$7,236.00
T 34Rn 3 F+~T tt Yf.
Subtorrtal~
Fla -i l'£ 1
F$79 594 88
f
•."$vs.%y"v. rr5
$0 00
d F Y
.s' `y'
{A
.$0 00
ti'. S'~ Ld
~z
#'3 f d F
$79 5x94 8'
Construction
engineering &
contingencies - 14.3%
$11,382.07
0%
$0.00
0%
$0.00
100%
$11,382.07
TOTAL
$90,976.95
$0.00
$0.00
$90,976.95
Engineering and contingencies charges will be based on actual charges.
Local Government's Participation (100%) _ $90 976.95
It is understood that the proposed improvements will be done by the State and the Local Government
will transmit to the State with the return of this Agreement, executed by the Local Government, a
warrant or check in the amount of $90,976.95 made payable to the "Texas Department of
Transportation" to be used solely for the cost of improvements as requested by the Local
Government. It is further understood that the State will include only those items for the
improvements as requested and required by the Local Government. This is a construction estimate
only, final participation amounts will be based on actual charges to the project.
AFA-AFA-VoITIP Page 6 of 6 Revised 5/19/06