2003-103AN 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 1I-I-35-E SOUTHBOUND RAMP REVERSALS BETWEEN LOOP 288/LILLIAN
MILLER PARKWAY AND STATE SCHOOL ROAD (WIND RIVER LANE) 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 CMA.FA) 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 accomphsh each project, the LPAFA contains provisions related only to
the local project needs; and
WHEREAS, the 1It-35E - Wind River Lane Ramp Reversal Project LPAFA addresses
the reversing of ramps associated with the Loop 288/Lillian Miller Road and State School Road
with the entrance ramp just south of Loop 288/Lillian Miller Road being replaced by an exit
ramp and the exit ramp just north of State School Road being replaced with an entrance ramp
with project limits described as 800 feet west of State School Road to 200 feet east of Loop 288
East, southbound on IH-35E; and
WHEREAS, the projected cost of construction for the $1,151,000.00 with the City's cost
for construction participation being $ 428,183.00; and
WHEREAS, the IH-35E - Wind River 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 - Wind River 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 from and after its passage
and approval.
PASSED AND APPROVED this the/~.'~ day of ~~ ,2003
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
THE STATE OF TEXAS
CS J: 0196-01-092
Project #: STP ( ) MM
County: Denton
Location: I.H. 35E - West of State School
Road to East of Loop 288
East/Lillian Miller Parkway
THE COUNTY OF TRAVIS §
LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) FOR VOLUNTARY
TRANSPORTATION IMPROVEMENT PROJECTS (ON-SYSTEM)
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas
Department of Transportation, hereinafter called the State, and 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 Numbers 108087 and 108410 authorizes the State to
undertake and complete a highway improvement generally described as the removal, reversal and
reconstruction of the existin.q exit and entrance ramps on southbound I.H. 35E from West of State
School Road to East of Loop 288 EastJLillian Miller Parkway; and,
WHEREAS, the Local Government, by reseh.+tie~-e~--ordinance number 2003-103 ., dated 04/15/0~
which is attached hereto and made part hereof as Attachment B, has requested that the State allow
the Local Government to participate in said improvement by funding that portion of the improvement
described as preparinq preliminary en.qineerin.q, plans, specifications and estimates and contributin.q
to the construction cost for the removal, reversal and reconstruction of the existin.q exit and entrance
ramps on southbound I.H. 35E from West of State School Road to East of Loop 288 EastJLillian Miller
Parkway, hereinafter called the "Project" which is identified in the location map shown as Attachment
C; 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.
AFA-LPAFA VolProj Page 1 of 3 Created 3/14/02
CS J: 0196-01-092
Project #: STP ( ) MM
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 Govemment agrees to electronically
deliver to the State all general notes, specifications, contract provision requirements and related
documentation in a Micresoft® 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
fomes 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 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 8. Increased Costs. Increased cost will be under the conditions as previded 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.
Article 11 Notices. Notices of this LPAFA shall be under the conditions as stated in the MAFA,
without exception. Local Government: city of Denton
Attention: Charles Fiedler, P.E.
Director of Engineering
City Hall East
601 East Hickory Street, Suite B
Denton, Texas 76205
AFA-LPAFA VolProj Page ;Z of 3 Created 3/14/02
CS J: 0196-01-092
Project #: STP ( ) MM
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
heretofore approved and authorized by the Texas Transportation Commission.
Jay/R.J Nelso,~, P.E.
Dall~J Distr~t Engineer
Date ~f~'~//~ /~
Michael A. Conduff
Typed/Printed Name
City Manager
Typed/Printed Title
ATTEST
BY. ~ /~q~
Page 3 of 3
APPROVED AS TO FORM:
Created 3/14/02
CS J: 0196-01-092
'" Project #: STP ( ) MM
Attachment A
Payment Provisions and
Work Responsibilities
1. Description of the Cost of the Items of Work
The total estimated construction cost of the Project is $1,151,000.00. The Local Government's
portion of the total estimated construction cost of the Project is $428,183.00. The Local
Government, at no cost to the State, will provide to the State completed and approved preliminary
engineering (design schematic, environmental documents), plans, specifications and estimates
(PS&E), for the removal, reversal and reconstruction of the existing exit and entrance ramps on
Southbound I.H. 35E from West of State School Road to East of Loop 288 EastJLillian Miller
Parkway.
Description
Preliminary Engineering
Construction
Total Cost
$126,314.00
$1,151,000.00
Local Government Contribution
$126,314.00
$428,183.00
All necessary right-of-way purchases and utility adjustments shall be the responsibility of the Local
Government. Acquisition of right-of-way and utility adjustments shall be in accordance with
applicable Federal and State laws governing the acquisition policies of acquiring real property.
The State will not reimburse the Local Government for the purchase of right-of-way and utility
adjustments.
2. Schedule of Payment
Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government
shall remit a check or warrant made payable to the "Texas Department of Transportation" in the
amount of $428,183.00 as the Local Government's contribution towards construction costs. The
Local Government will not contribute towards the State's preliminary engineering review costs and
the State's construction engineering and contingencies costs.
3. Increased Construction Costs
Should the total estimated construction cost for the Project increase, the Local Government
agrees to contribute fifty (50%) percent of the increased construction costs and the State agrees
to contribute fifty (50%) percent of the increased construction costs.
4. No Reimbursement of Funds
The Local Government agrees not to seek reimbursement from the State at any time in the future
for those Project items of work to include the preparation of preliminary engineering (design
schematic, environmental documents), plans, specifications and estimates (PS&E) and any
necessary right-of-way purchases and utility adjustments.
Page 1 of 1 Created 4/13/02
ATTACHMENT B
ORDINANCE N~
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 SOUTI-IBOUND RAMP REVERSALS BETWEEN LOOP 288/LILLIAN
MILLER PARKWAY AND STATE SCHOOL ROAD (WIND RIVER LANE) PROJECT IN
THE CITY OF DENTON; AUTHORIZING TIlE EXI~ENDITURE 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 contain.q 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 municipal/w,
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 contain~q provisions related only to
the local project needs; and
WHEREAS, the IH-35E - Wind River Lane Ramp Reversal Project LPAFA addresses
the reversing of ramps associated with the Loop 288/Lillian Miller Road and State School Road
with the entrance ramp just south of Loop 288/Lillian Miller Road being replaced by .an exit
ramp and the exit ramp just north of State School Road being replaced with an entrance ramp
with project limits described as 800 feet west of State School Road to 200 feet east of Loop 288
East, southbound on IH-35E; and
WHEREAS, the projected cost of construction for the $1,151,000.00 with the City's cost
for construction participation being $ 428,183.00; and
WHEREAS, the IH-35E - Wind River 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 - Wind River 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 fxom and aRer its passage
and approval.
PASSED AND APPROVED this the/~-~ day of ~ ,2003
/
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
CS J: 0196-01-092
Project # STP (
ATTACHMENT C
Project Location Map
D~NTON
Created 4/13/02 Page 1 of 1