2001-111S \Our Documen~\Ordmances~Ol\US 77 S~dewalk LPAFA doc
O INANCENO // /
AN ORDINANCE APPROVING A LOCAL PROJECT ADVANCE FUNDING AGREEMENT
BETWEEN THE CITY OF DEMON AND THE TEXAS DEPARTMENT OF
TRANSPORTATION TO PROVIDE FOR THE CONSTRUCTION AND FUNDING OF
CERTAIN PUBLIC IMPROVEMENTS FOR US 77 FROM INTERSTATE 35 TO US 380,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ The City Manager is hereby authorized to execute a Local Project Advance
Ftm&ng Agreement between the City of Denton and the Texas Department of Transportation in
substantially the form of the Agreement which is attached to and made a part of this ordinance
for all purposes, to provide for the construction and fundmg of certam public improvements for
US 77 from Interstate 35 to US 380 and related purposes
SECTION 2 The City Manager is authorized to make the expenditures as set forth in the
attached Agreement
SECTION 3 This ordmanee shall become effective immediately upon its passage and
approval
PASSED APPROVED the dayof ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERB~_~ORNEY
CSJ 0195-02-040
O~[~I~ ~, ProJect No C-195-2-40
Highway U S 77
Limits I H 35 to U S 380
STATE OF TEXAS § Funchng Category PASS
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For a State Principal Arterial Street System Project
THIS Local Project Advance Fundang 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 Caty 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 cond~taons for transportation projects developed through
this LPAFA, and,
WHEREAS, the Texas Transportation Commission passed Minute Order 108310 that prowdes
for the development of, and funchng for, the project describe herein, and,
WHEREAS, the Governmg Body of the Local Government has approved entenng into this
LPAFA by resolutmn or ordinance dated March 6, 2001 , which is attached hereto and
made a part hereof as Attachment A for development of the specihc project which is identified in
the locatmn map shown as Attachment B
NOW, THEREFORE, In cons~deratmn of the premises and of the mutual covenants and
agreements of the part~es hereto, to be by them respectively kept and performed as hereinafter set
forth, it is agreed as follows
AGREEMENT
1. The period of thru LPAFA ~s as stated an the Master Agreement, wathout exception
2 Ternunat~on of th~s LPAFA shall be under the conditions as stated an the Master
Agreement, without exception.
3 Amendments to th~s LPAFA shall be made as described in the Master Agreement,
wathout exception.
4. Scope of Work
The scope of work for this LPAFA is described as the construction of concrete sidewalk,
concrete s~dewalk ramps, and intersection lighting at locations requested by the City for the US
77 reconstructaon, from IH 35 to US 380
1
5 Right,of Way and Real Property shall be the responslbdity of the Local Government, as
stated in the Master Agreement, w~thout exception.
6. AdJustment of utilities will be provided by the Local Government as required and as
stated in the Master Agreement without exception.
7. Environmental Assessment and Mitigation will be carried out as stated in the Master
Agreement, without exception.
8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception.
9. Architectural and Engineering Services will be provided by the State, as stated in the
Master Agreement, w~thout exception. The State ~s responsible for performance of any
required architectural or prehnunary engmeenng work The Local Government may rewew
and comment on the work as reqmred to accomplish the pubhc purposes of the Local
Government The State will cooperate fully with the Local Government m accomphsh~ng
these local public purposes to the degree permitted by State and Federal law
10. Construction Responsibilities will be carried out by the State, as stated in the Master
Agreement, without exception
11. Project Malntenanee wall be undertaken as provided for in the Master Agreement,
without exception.
12. Local Project Sources and Uses of Funds
a Project Cost Estimate A ProJect Cost Estimate ~s provided m Attachment C
b A Source of Funds estimate ~s also provided m 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 ~s responsible for all non-federal and non-state funding, ~ncludmg all
project cost overruns, unless provided for through amendment of th~s agreement
d After execution of this LPAFA, but prior to the performance of any work by the State, the
Local Government will ferret a check or warrant made payable to the "Texas Department of
Transportation" m the amount specified ~n Attachment C as the local contribution for
Prehnunary Engmeenng The Local Government will pay at a rmmmum ~ts funding share for
this estimated cost of prehmmary engineering as stated in the Local Project Sources and Uses
of Funds provision of the Master Agreement
e Sixty (60) days prior to the date set for receipt of the construction b~ds, the Local
Government shall rermt its remaining financial share for the State's estimated construction
oversight and construction costs and any others costs owing
f In the event the State determines that additional funchng is required by the Local Government
at any t~me during the development of the Project, the State w~ll not~fy the Local Government
m writing The Local Government will make payment to the State within thirty (30) days
from receipt of the State's written notification
2
12 Incorporataon of Master Agreement Provisions
This LPAFA xncorporates all of the governing provisions of the Master Advance Funding
Agreement (MAFA) in effect on the date of final executton of this LPAFA, unless such MAFA
provision IS specifically excepted herein
14. S~gnatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this agreement
on behalf of the party represented
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duphcate counterparts
THE LOCAL GONERNMENT - CITY OF DENTON
By ~J~~~
Title Interim City Manager
Date March 6, 2001
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Comrmssion for
the purpose and effect of activating and/or carrying out the orders, established pollcms or work
programs heretofore a~ro>edLnd~thorlzed by the Texas Transportation Commission
By
Je~/lfer 1~ Soldano, Director
COhtract Services Office
APPROVED AS TO FORM/~
C T¥ A'r'roR p //
L/
3
ATTACHMENT A
S \Our Documents\Ordmances\01\US 77 S~dew,~lk LPAFA doc
ORD1NANCENO J00/~ ///
AN ORDINANCE APPROVING A LOCAL PROJECT ADVANCE FUNDING AGREEMENT
BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF
TRANSPORTATION TO PROVIDE FOR THE CONSTRUCTION AND FUNDING OF
CERTAIN PUBLIC IMPROVEMENTS FOR US 77 FROM INTERSTATE 35 TO US 380,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, ~ PROVIDING AN
EFFECTIVE DATE
THE COLrNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION l The C~ty Manager ~s hereby authorized to execute a Local Project Advance
Funding Agreement between the City of Denton and the Texas Department of Transportation ~n
substantmlly the form of the Agreement which ~s attached to and made a part of this ordinance
for all purposes, to provide for the construction and ftmd~ng of certmn pubhc ~mprovements for
US 77 from Interstate 35 to US 380 and related purposes
SECTION 2 The C~ty Manager ~s anthonzed to make the expenditures as set forth ~n the
attached Agreement
SECTION 3 Th~s ordinance shall become effective ~mmed~ately upon its passage and
approval
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERB~_~ORNEY
,MATCH LINE STA. 106+00 MATCH LINE STA. 94-+00
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