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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