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2003-102AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A LOCAL PARTICIPATION ADVANCED FUNDING AGREEMENT FOR AN ON-SYSTEM PROJECT RELATED TO THE IMPLEMENTATION OF THE PROPOSED IH-35-E NORTHBOUND RAMP REVERSALS BETWEEN LOOP 288/LILLIAN MILLER PARKWAY AND STATE SCHOOL ROAD (BKINKER ROAD) 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 Advance 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 governing political subdivision; and, WHEREAS, THE CITY OF DENTON, on the 6th day of July, 2000, has entered into a MAFA with TxDOT; and WHEREAS, to accomplish each project, the LPAFA contains provisions related only to the local project needs; and WHEREAS, the 1H-35E - Brinker Lane Ramp Reversal Project LPAFA addresses the reversing of ramps associated with the Loop 288/Lillian Miller Road and State School Road with the exit ramp just south of Loop 288/Lillian Miller Road being replaced by an entrance ramp and the entrance ramp just north of State School Road being replaced with an exit ramp with project limits described as 800 feet west of State School Road to 200 feet east of Loop 288 East, northbound on IH-35E; and WHEREAS, the projected cost of construction for the $1,000,000.00 with the City's cost for construction participation being $ 500,000.00; and WHEREAS, the IH-35E - Brinker Lane Ramp Reversal Project LPAFA would allow the project to proceed through the letting process; and NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON 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 IH-35E - Brinker Lane Ramp Reversal 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 fi.om and after its passage and approval. PASSED AND APPROVED this the /~-~day of ~f_~' ,2003 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY AP~OVED AS TO LEGAL FORM: HERB~TTORNEY BY: - ~/ Page 2 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § CS J: 0196-01-093 County: Denton Location: IH 35E from State School Road/Mayhill Road to Loop 288 East/Lillian Miller LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) FOR VOLUNTARY TRANSPORTATION IMPROVEMENT PROJECTS (ON-SYSTEM) THIS AGREEMENT IS MADE BY AND BETVVEEN the State of Texas, acting 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, Chapter 201 and Transportation Code, Chapter 221 authorizes the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Commission Minute Order Number 108087 authorizes the State to undertake and complete a highway improvement generally described as reversinq the IH 35E ramps associated with the Loop 288/Lillian Miller Road and State School Road/Lillian Miller Road. The exit ramp lust south of Loop 288/Lillian Miller Road will be replaced by an entrance ramp and the entrance ramp lust north of State School Road will be replaced with an exit ramp. ; 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 preliminary enRineerin.q and PS&E for the northbound ramps on IH35E from State School Road/Lillian Miller Road to Loop 288 eastJMayhill Road and; hereinafter called the "Project"; and, WHEREAS, Transportation Code, §201.209 allows the State to enter into an interlocal agreement with a Local Government; 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. The period of this LPAFA is as stated in the MAFA, without exception. 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, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, 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. Texas Government Code, Chapter 2106 requires the State to recover indirect costs associated with this agreement as calculated based on prevailing rates specified in the State's Indirect Cost Recovery Program. 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. 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 4. Responsibilities of the Parties. Responsibilities of the Parties will be under the conditions as provided for in the MAFA, without exception. Article 5. 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 entity creates the documents with its own forces or by hiring a consultant or professional provider. Article 6, Interest. Interest will be under the conditions as provided for in the MAFA, without exception. Article 7. Inspection and Conduct of Work. Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, 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 Cot~struction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 8. Increased Costs. Increased cost will be under the conditions as provided for in the MAFA, without exception. Article 9. Maintenance. Project Maintenance will be under the conditions as provided for in the MAFA, without exception. Article 10. Termination. Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. 2 Article ~ 1 Notices. Notices of this LPAFA shall be under the conditions as stated in the MAFA, wi'~hout exception. Local Government: City of Denton 215 East McKinney Street Denton, Texas 76201 Michael Conduff, City Manager Article 12. Sole Agreement. Sole Agreement of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Article 13. 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 14. Amendments. Amendments to this LPAFA shall be made as described in the MAFA, without exception. Article 15. Incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant 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. Any conflict between the terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA. Article 15. 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 her/~ore approved and authorized by the Texas Transportation Commission. By ~_--~ ~/~3''''-- Date ~ I~istr~bt Engineer ~'/'~///~ ~"~ THE L--~C/~L GOVERNMENT City of Denton 215 East McKinney Street Denton, Texas 76201 Michael A. Conduff, City Manager Date APPROVED AS TO FOR~: CITY ATTOP~'Y ~' BY: -- f ATTEST: JENNIFER WALTERS ,CITY SECRETARY Attachment A Payment Provisions and Work Responsibilities Description of the Cost of the Items of Work The Local Government's total estimated cost for the PROJECT is $500,000.00 for the Local Government's contribution towards construction cost. No right-of-way pumhase is required for the project. The Local Government will provide, at no cost to the State, all preliminary engineering and PS&E documents. The City will pay these monies directly to the engineering firm providing the services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and special provisions related thereto, unless specifically approved by the State. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter ^, in all cases. Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by disadvantaged business enterprises (DBEs), ADA, and environmental matters. Schedule of Payment Sixty days prior to the construction letting date, the Local Government will remit a check or warrant made payable to the Texas Department of Transportation in the amount of $500,000.00 to be used in payment for the Local Government's voluntary contribution towards construction cost. No Guarantee of Funding/No Reimbursement of Funds The Local Government understands that funding by the State for Construction is not guaranteed to be available for the authorized highway improvement Project. The Local Government, cognizant of the funding situation, agrees not to seek reimbursement from the State at any time in the future for those Project items of work 4 ATTACHMENT B AREA MAP AND SITE LOCATION MAP Attachment C City of Denton Resolution ORDINANCE NO. _/-2~ 0~--/tQ~ AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A LOCAL PARTICIPATION ADVANCED FUNDING AGREEMENT FOR AN ON-SYSTEM PROJECT RELATED TO THE IMPLEMENTATION OF THE PROPOSED IH-35-E NORTHBOUND RAMP REVERSALS BETWEEN LOOP 288/LILLIAN MILLER PARKWAY AND STATE SCHOOL ROAD (BRINKER ROAD) 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 f~om 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 (MAi*A) and (2) a Local Project Advance Funding Agreement (LPAFA); and, WHEREAS, the MAFA contains what may become statewide contract standards that are currently generally agreeable to all cities and comaties; and, WHEREAS, the MAFA will need to be approved only one time by the local municipality, county or other governing political subdivision; and, WHEREAS, THE CITY OF DENTON, on the 6th day of July, 2000, has entered into a MAFA with TxDOT; and WHEREAS, to accomplish each project, the LPAFA contains provisions related only to the local project needs; and WHEREAS, the IH-35E - Brinker Lane Ramp Reversal Project LPAFA addresses the reversing of ramps associated with the Loop 288/Lillian Miller Road and State School Road with the exit ramp just south of Loop 288/Lillian Miller Road being replaced by an entrance ramp and the entrance ramp just north of State School Road being replaced with an exit ramp with project limits described as 800 feet west of State School Road to 200 feet east of Loop 288 East, northbound on IH-35E; and WHEREAS, the projected cost of construction for the $1,000,000.00 with the City's cost for construction participation being $ 500,000.00; and WHEREAS, the IH-35E - Brinker Lane Ramp Reversal Project LPAFA would allow the project to proceed through the letting process; and NOW THEI~FORE, THE COUNCIL OF THE CITY OF DENTON 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 11t-35E - Brinker Lane Ramp Reversal 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 fights 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 /~-~day of ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ~ ,2003 EULINE BROCK, MAYOR Page 2