2005-140
S:IOur Documents\Economic DevelopmcntIOrdinances-Rcsolutions\2005ILP AF A Ordinance.doc
ORDINANCE NO. ó{(){)/i-IJO
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON,
TEXAS TO EXECUTE A LOCAL P ARTICIP A nON 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 (MAPA) and (2) a Local Project Advanced Funding Agreement (LPAFA); and,
WHEREAS, the MAPA 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 MAPA with TxDOT;
and
WHEREAS, to accomplish each project, the LPAFA contains provisions related only to
the local project needs; and
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 fonn as the agreement attached hereto and made a part hereof by
reference. The City Manager or his designee is hereby authorized to execute the LP AF A 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",{~ay of ~~
¿~tkL
,2005
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
- 2 -
CSJ: 091846.979
Unicorn lake/Sundown Ranch:
From Wind River
To Slale School Road
DenlonCounly
Fundin9 Category: STPMMllUlJV
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For a STPMM 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 ------
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 --~¥.d,!i~f}JJ5Which 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
CSJ: 0918-46-979
Unicorn lake/Sundown Ranch:
From Wind River
To State School Road
Denton County
The scope of work for this LPAFA is described as pedestrian improvements through Unicom
Lake/Sundown Ranch in the City of Denton. Right of Way and Real Property shall be the
responsibility of the Local Government, as stated in the Master Agreement, without
exception.
5. Adjustment of utilities ,will be provided by the Local Government as required and as
stated in the Master Agreement without exception.
6. Environmental Assessment and Mitigation will be carried out as stated in the Master
Agreement, without exception.
7. Compliance with Texas Accessibility Standards and ADA will be as stated in the
Master Agreement, without exception.
8. Architectural and Engineering Services will be provided by the Local Government,
as stated in the Master Agreement, 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 local public purposes to the degree permitted by
State and Federal law.
9. Construction Responsibilities will be càrried out by the Local Government, as stated
in the Master Agreement, without exception.
10. Project Maintenance will be undertaken as provided for in the Master Agreement,
without exception.
11. Local Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C.
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. After execution of this LPAFA, but prior to the performance of any work by the
State, the Local Government will remit a check or warrant made payable to the
"Texas Department of Transportation" in the amount specified in Attachment C
as the local contribution for State review of Preliminary Engineering. The Local
Government will pay at a minimum its funding share for this estimated cost of
State review of preliminary engineering as stated in the Local Project Sources
and Uses of Funds provision of the Master Agreement.
CSJ: 0918.46.979
Un;corn LakelSundown Ranch:
FrornW;ndR;ver
To State School Road
Denton County
e. 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 any others costs owing.
f. In the event the State determines that additional, reasonable and necessary
funding is required by the Local Government at any time during the development
of the Project, the State will notify the Local Government in writing. The Local
Government will make payment to the State within thirty (30) days from receipt of
the State's written notification.
g. If any existing or future local ordinances, including, but not limited to, outdoor
advertising billboards or storm water drainage facility requirements, are more
restrictive than State or Federal Regulations, or any other locally proposed
changes, including, but not lirnited to plats
or replats, result in increased costs, then, any increased costs associated with
the ordinances or changes will be paid by the local entity.
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.
12. Docurnent 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.
13. 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.
14. Signatory Warranty. The signatories to this agreement warrant that each has the
authority to enter into this agreement on behalf of the party represented.
CSJ:O91846-979
Unicorn lake/Sundown Ranch:
From Wind Ri"r
To Slale School Road
DenlonCounly
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THELOCALGOVERNMEN~ ---
By: ~~~~ ------
Title: _ikiirL/-,f!dtÆaJJ1l&-tí__-
Date: _i2§:=çß_'1~{) Q-----
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:
---------------------------------
Janice Mulienix
Director of Contract Services Section
Office of General Counsel
Texas Department of Transportation
Date:
--------------------
BY:
ATTACHMENT A
s:\Our DocumentslEconomic Development\Ordinances-Resolutions\2005\LP AF A Ordinance.doc
ORDINANCE NO. rl.{) () /¡- ;tÍ{J
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON,
TEXAS TO EXECUTE A LOCAL P ARTICIP ATION ADVANCED FUNDING AGREEMENT
FOR AN OFF-SYSTEM PROJECT RELATED TO THE IMPLEMENTATION OF THE
PROPOSED PEDESTRIAN IMPROVEMENTS THROUGH UNICORN LAKE/SUNDOWN
RANCH PROJECT INIHE CITY OF DENTON; AUTHORlZING 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 (MAF A) and (2) a Local Project Advanced Funding Agreement (LP AF A); and,
WHEREAS, the MAPA contains what may become statewide contract standards that are
currently generally agreeable to all cities and counties; and
WHEREAS, the MAPA will need to be approved only one time by the local
mw1icipality, county or other goverrunent political subdivision; and
and
WHEREAS, the City Of Denton, on June 20,2000, entered into a MAFA with TxDOT;
WHEREAS, to accomplish each project, the LPAFA contains provisions related only to
the local project needs; and
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 Goverrunents 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 ofthis 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 fonTI 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 theO<~ay of ~bùr
ê~~L
,2005
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
- 2 -
CSJ: 0918-46-979
Unicorn LakelSundown Ranch:
F<am Wind Ri",
To Siale School Road
DenlonCounly
ATTACHMENT B
PROJECT LOCATION MAP
Attachment C
Land (no cash contribution)
Utilities (no cash contribution)
Environmental Cost (no cash
contribution)
Preliminary Engineering - State Review
Plans, Specs & Estimate (PS&E)
Construction
Engineering & Contingency (State
oversight)
Total
1 st payment due prior to
PS&E review by state
2nd payment due 60 days
prior to project letting
CSJ:O918-46-979
Unicom lake/Sundown Ranch:
From Wind Ri"r
To State School Road
Denton Couoty
Project Budget
Total Estimated Federal
Cost Participation
100%
$0.00
$0.00
$0.00
$36,795.50
$73,591.00
$596,087.10
$29,436.40
$735,910.00
80.0%
$0.00
$0.00
$0.00
$29,436.40
$58,872.80
$476,869.68
$23,549.12
$588,728.00
Total Participation required from the local government =
State
Participation
0.0%
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$1AL182.00
CSJ:
0918-46-979
Local Participation
20.0% Actual
Participation
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$7,359.10 $7,359.10
$14,718.20 $14,718.20
$119,217.42 $119,217.42
$5,887.28 $5,887.28
$147,182.00 $147,182.00
$7,359.10
$5,887.28