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