Item 4J - MemoItem 4J
Page 1 of 2
M E M O R A N D U M
(December 6, 2022)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve an Advance Funding Agreement (AFA) with the Texas
Department of Transportation (TxDOT) to receive a cost
reimbursement for North White Chapel Boulevard from
Bluestem Drive to Wingate Lane in an amount not to exceed
$3,491,520.
Action
Requested: Approve an Advance Funding Agreement (AFA) with the Texas
Department of Transportation (TxDOT) to receive a cost
reimbursement for North White Chapel Boulevard from Bluestem
Drive to Wingate Lane in an amount not to exceed $3,491,520.
Background
Information: The purpose of this item is to seek City Council approval of an AFA
with TxDOT to receive a cost reimbursement for roadway crossing
improvements to address local flooding on North White Chapel
Boulevard from north of Bluestem Drive to south of Wingate Lane.
TxDOT has agreed to reimburse the City for construction in an
amount not to exceed $3,491,520 or 80% of the total cost,
whichever is less.
In 2018, a storm event overtopped, damaged, and closed the
crossing over Kirkwood Branch. Emergency repairs were made to
restore it back in service until a permanent solution could be
implemented. The improvements on North White Chapel Boulevard
include elevating the crossings at Kirkwood Branch and South Fork
Kirkwood Branch above the 1% storm event, and the addition of
sidewalks on North White Chapel Boulevard to improve connectivity
to Bob Jones Park.
The design is anticipated to be completed in early Q2 FY 2023 and
the bidding phase to begin in Q3 FY 2023.
This project was identified to enhance the drainage capabilities of
Critical Drainage Structure #2 and Critical Drainage Structure #3
Item 4J
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and the proposed sidewalks were identified in the 2035 Mobility
Master Plan (ID# 306, Tier 2).
Financial
Considerations: Under the terms of the AFA, TxDOT will reimburse the City for up to
$3,491,520 or 80% of the construction cost, whichever is less. The
current opinion of the probable construction cost (OPCC) for the
North White Chapel Boulevard is currently $4,364,400. The
resources provided by TxDOT result in cost savings for the City of
Southlake.
Funding for this project is budgeted as part of the FY 2023 Capital
Improvement Program.
Strategic Link: This item links to the City’s Strategy Map strategic focus areas of
Mobility, Infrastructure and Partnerships & Volunteerism. It
specifically relates to the City’s Corporate Objectives, B2:
Collaborate With Select Partners To Implement Service Solutions,
C2: Provide Travel Convenience Within City And Region and F2:
Invest To Provide & Maintain High Quality Public Assets. The
Critical Business Outcomes are, CBO2: Enhance Mobility Through
Aggressive Traffic Management Initiatives and Capital Project
Implementation and CB05: Improve Quality Of Life Through
Progressive Implementation Of Southlake’s Comprehensive Plan
Recommendations.
Citizen Input/
Board Review: Upon approval by Southlake City Council, the AFA will then be
executed by TxDOT for approval.
Legal
Review: This agreement has been reviewed by legal counsel.
Alternatives: The City Council may approve or deny the AFA with TxDOT.
Staff
Recommendation: Approve an Advance Funding Agreement (AFA) with the Texas
Department of Transportation (TxDOT) to receive a cost
reimbursement for North White Chapel Boulevard from Bluestem
Drive to Wingate Lane in an amount not to exceed $3,491,520.
Supporting
Documents: Attachment A: Advance Funding Agreement
Staff
Contact: Rob Cohen, Director of Public Works
Kevin Ferrer, P.E., Deputy City Engineer
Kevin Taylor, P.E., Project Manager
TxDOT::
CSJ # 0902-90-249
District # 02-Fort
Worth AFA ID Z00004030
Code Chart 64 # 40050
Project Name N White Chapel Blvd; Bluestem to Wingate
AFA Not Used For Research & Development
RTR Off System Page 1 of 9 Revised 4/24/2013
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
FOR A PROJECT USING FUNDS HELD IN THE
STATE HIGHWAY 121 SUBACCOUNT—
RECONSTRUCT ROADWAY
(Off State System)
THIS AGREEMENT (the Agreement) is between the State of Texas, acting by and through
the Texas Department of Transportation (the State), and City of Southlake (Local
Government), collectively, the “Parties.”
WITNESSETH
WHEREAS, the State has received money from the North Texas Tollway Authority for the
right to develop, finance, design, construct, operate, and maintain the SH 121 toll project
from Business SH 121 in Denton County to US 75 in Collin County (“SH 121 payments”);
and
WHEREAS, pursuant to Transportation Code, 228.006 the State shall authorize the use of
surplus revenue of a toll project for a transportation project, highway project, or air quality
project within the district of the Texas Department of Transportation in which any part of
the toll project is located; pursuant to Transportation Code, §228.012 the State has
created a separate subaccount in the state highway fund to hold such money
(SH 121 Subaccount), and the State shall hold such money in trust for the benefit of the
region in which a project is located, and may assign the responsibility for allocating money
in the subaccount to a metropolitan planning organization (MPO); and
WHEREAS, in Minute Order 110727, dated October 26, 2006, the Texas Transportation
Commission (the “Commission”) approved a memorandum of understanding (MOU) with
the Regional Transportation Council (RTC), which is the transportation policy council of the
North Central Texas Council of Governments (NCTCOG) and a federally designated MPO,
concerning in part the administration, sharing, and use of surplus toll revenue in the region;
under the MOU the RTC shall select projects to be financed using surplus revenue from a
toll project, subject to Commission concurrence; and
WHEREAS, the Local Government has requested money from the SH 121 Subaccount to
reconstruct Bridge and roadway approaches to include adding of sidewalks of North White
Chapel Boulevard from North of Bluestem Drive to South of Wingate Lane. (Project); the
DocuSign Envelope ID: 2D0B3980-B03E-412D-B8A0-5FD8FBBB1932
In Process
ATTACHMENT A
TxDOT::
CSJ # 0902-90-249
District # 02-Fort
Worth AFA ID Z00004030
Code Chart 64 # 40050
Project Name N White Chapel Blvd; Bluestem to Wingate
AFA Not Used For Research & Development
RTR Off System Page 2 of 9 Revised 4/24/2013
RTC has selected the Project to be funded from the SH 121 Subaccount; and the
Commission concurred in the selection and authorized the expenditure of money with
116272, dated June 23, 2022; and
WHEREAS, the Local Government is a political subdivision and governmental entity by
statutory definition; and
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209
authorize the State to contract with municipalities and political subdivisions to perform
governmental functions and services; and
WHEREAS, NCTCOG and the RTC should have authority to assist the Local
Government’s implementation of financial reporting and environmental review related to a
transportation project funded by the State using money from the SH 121 Subaccount.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT
Article 1. Time Period Covered
This Agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed, and the State and the Local Government will consider it to be in
full force and effect until the Project described herein has been completed and accepted by
all parties or unless terminated, as hereinafter provided.
Article 2. Project Funding
The State will pay money to the Local Government from the SH 121 Subaccount in the
amounts specified in Attachment A, Payment Provision and Work Responsibilities. Except
as provided in the next succeeding sentence, the payments will begin no later than upon
the later of the following: (1) fifteen days after the Legislative Budget Board and the
Governor each approve the expenditure, in accordance with Rider 25 of the Texas
Department of Transportation bill pattern in Senate Bill 1, 87th Legislature; and (2) thirty
days after execution of this Agreement. If Attachment A shows that the RTC has allocated
payments to the Local Government for a certain expenditure (e.g. construction) for the
Project in a certain fiscal year, then the State will make the payment from the SH 121
Subaccount to the Local Government for such expenditure no later than 30 days after the
beginning of the designated Fiscal Year. A Fiscal Year begins on September 1 (for
example, the 2013 Fiscal Year began September 1, 2012).
Article 3. Separate Account; Interest
All funds paid to the Local Government shall be deposited into a separate account, and
interest earned on the funds shall be kept in the account. Interest earned may be used
only for the purposes specified in Attachment A, Payment Provision and Work
Responsibilities, and only after obtaining the written approval of the RTC. The Local
DocuSign Envelope ID: 2D0B3980-B03E-412D-B8A0-5FD8FBBB1932
In Process
TxDOT::
CSJ # 0902-90-249
District # 02-Fort
Worth AFA ID Z00004030
Code Chart 64 # 40050
Project Name N White Chapel Blvd; Bluestem to Wingate
AFA Not Used For Research & Development
RTR Off System Page 3 of 9 Revised 4/24/2013
Government’s use of interest earned will not count towards the 20 percent local match
requirement set forth in this Agreement.
Article 4. Shortfalls in Funding
The Local Government shall apply all funds to the scope of work of the Project described
in Attachment A, Payment Provisions and Work Responsibilities, and to none other. All
cost overruns are the responsibility of the Local Government. However, should the funds
be insufficient to complete the work contemplated by the Project, the Local Government
may make further request to the RTC and the State for additional funds from the SH 121
Subaccount. Funds may be increased only through an amendment of this Agreement. If
the SH 121 Subaccount does not contain sufficient funds to cover the balance necessary
to complete the Project, or if the RTC or the Commission decline the request for any other
reason, then the Local Government shall be responsible for any shortfall.
Article 5. Return of Project Funding
The Local Government shall reimburse the State for any funds paid under this Agreement
that are not expended in accordance with the requirements of this Agreement. Upon
completion of the Project, the Local Government will issue a signed “Notification of
Completion” document to the State acknowledging the Project’s completion. If at project
end, or upon termination of this Agreement, excess SH 121 Subaccount funds exist,
including interest earned, such funds shall be returned to the State within 30 days. Except
for funds the Local Government has already expended in accordance with the Agreement,
the Local Government shall return to the State the funds paid under this Agreement
together with any interest earned on the funds if the Project is not completed within 10
years of execution of the Agreement.
Article 6. Local Match
The Local Government shall be responsible for the required 20 percent local match as
described in Attachment A, Payment Provisions and Work Responsibilities. The costs
incurred by the Local Government prior to the execution of this Agreement will count
towards the 20 percent local match requirement provided such costs are for RTC-
approved phases as shown in Attachment A. At the end of each Fiscal Year the Local
Government’s cumulative expenditures of local match funds must be no less than 20
percent of the cumulative SH 121 Funds received by the Local Government up to that date
under the Agreement, and must be for the uses approved for payments of SH 121 Funds
up to that date as specified in Attachment A, Payment Provision and Work Responsibilities
Article 7. Procurement and Contracting Process
The State may review the Local Government’s procurement of professional services for
engineering, surveying, and right of way acquisition, letting of construction contracts, and
conduct of construction management and inspection. The Local Government shall certify
compliance with state law and regulations, and with local laws, regulations, rules, policies,
and procedures. The Local Government shall maintain a copy of the certification in the
project files.
DocuSign Envelope ID: 2D0B3980-B03E-412D-B8A0-5FD8FBBB1932
In Process
TxDOT::
CSJ # 0902-90-249
District # 02-Fort
Worth AFA ID Z00004030
Code Chart 64 # 40050
Project Name N White Chapel Blvd; Bluestem to Wingate
AFA Not Used For Research & Development
RTR Off System Page 4 of 9 Revised 4/24/2013
Article 8. Design Standards and Construction Specifications
The Local Government shall implement the Project using the Local Government’s
established design standards, construction specifications, procurement processes, and
construction management and inspection procedures.
Article 9. Right of Way
Except for right of way owned by the State or to be acquired by the State according to the
plans of the Project as approved by the State, the Local Government shall acquire all
necessary right of way needed for the Project. Right of way acquisition is an eligible cost
for reimbursement provided such cost is an RTC-approved phase as shown in Attachment
A.
Article 10. Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of
utility facilities in accordance with State laws and regulations and local laws, regulations,
rules, policies, and procedures applicable to the Local Government. The Local
Government must obtain advance approval for any variance from established procedures.
The RTC-approved costs for utilities as shown in Attachment A, if any, shall be used to
adjust, remove, or relocate utility facilities.
Article 11. Compliance with Laws, Environmental Review and Public Involvement
Each Party shall comply with all federal, state, and local laws, statutes, ordinances, rules
and regulations, and the orders and decrees of any courts, administrative bodies or
tribunals affecting the performance of this Agreement as applicable to it. When required,
the Local Government shall furnish the State with satisfactory proof of compliance. As
provided in 43 TAC 2.3(b)(1)(A), the State’s environmental review requirements do not
apply to the Project because the State is funding the Project solely with money held in a
project subaccount created under Transportation Code, Section 228.012. However, the
Local Government shall ensure that the project complies with all environmental review and
public involvement requirements applicable to the Local Government under State and
federal law in connection with the Project. The Local Government shall obtain the opinion
of legal counsel showing the Local Government’s environmental review and public
involvement for the Project complies with state law and regulations, and with local laws,
regulations, rules, policies, and procedures applicable to the Local Government. The
Local Government shall maintain a copy of the certification in the project files.
Article 12. Compliance with Texas Accessibility Standards and ADA
The Local Government shall ensure that the plans for and the construction of the Project is
in compliance with the Texas Accessibility Standards (TAS) issued by the Texas
Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102,
Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be
consistent with minimum accessibility requirements of the Americans with Disabilities Act
(P.L. 101-336).
DocuSign Envelope ID: 2D0B3980-B03E-412D-B8A0-5FD8FBBB1932
In Process
TxDOT::
CSJ # 0902-90-249
District # 02-Fort
Worth AFA ID Z00004030
Code Chart 64 # 40050
Project Name N White Chapel Blvd; Bluestem to Wingate
AFA Not Used For Research & Development
RTR Off System Page 5 of 9 Revised 4/24/2013
Article 13. Work Outside the Project Site
The Local Government shall provide both the necessary right of way and any other
property interests needed for the Project.
Article 14. Insurance
If this agreement authorizes the Local Government or its contractor to perform any work on
State right of way, before beginning work the entity performing the work shall provide the
State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying
the existence of coverage in the amounts and types specified on the Certificate of
Insurance for all persons and entities working on State right of way. This coverage shall be
maintained until all work on the State right of way is complete. If coverage is not
maintained, all work on State right of way shall cease immediately, and the State may
recover damages and all costs of completing the work.
Article 15. Audit
Within 120 days of completion of the Project, the Local Government shall perform an audit
of the costs of the Project. Any funds due to the State will be promptly paid by the Local
Government.
Article 16. Maintenance
The Local Government shall be responsible for maintenance of the Project.
Article 17. Responsibilities of the Parties
a. The State and the Local Government agree that neither party is an agent, servant,
or employee of the other party and each party agrees it is responsible for its
individual acts and deeds, as well as the acts and deeds of its contractors,
employees, representatives, and agents.
b. To the extent permitted by law, the Local Government agrees to indemnify and save
harmless the State, its agents and employees from all suits, actions or claims and
from all liability and damages resulting from any and all injuries or damages
sustained by any person or property in consequence of any neglect, error, or
omission in the performance of the design, construction, maintenance or operation
of the Project by the Local Government, its contractor(s), subcontractor(s), agents
and employees, and from any claims or amounts arising or recovered under the
"Workers' Compensation laws"; the Texas Tort Claims Act, Chapter 101, Texas Civil
Practice and Remedies Code; or any other applicable laws or regulations, all as
from time to time may be amended.
c. The Parties expressly agree that the Project is not a joint venture or enterprise.
However, if a court should find that the Parties are engaged in a joint venture or
enterprise, then the Local Government, to the extent provided by law, agrees to pay
any liability adjudicated against the State for acts and deeds of the Local
Government, its employees or agents during the performance of the Project.
d. To the extent provided by law, the Local Government shall also indemnify and save
harmless the State from any and all expense, including, but not limited to, attorney’s
DocuSign Envelope ID: 2D0B3980-B03E-412D-B8A0-5FD8FBBB1932
In Process
TxDOT::
CSJ # 0902-90-249
District # 02-Fort
Worth AFA ID Z00004030
Code Chart 64 # 40050
Project Name N White Chapel Blvd; Bluestem to Wingate
AFA Not Used For Research & Development
RTR Off System Page 6 of 9 Revised 4/24/2013
fees which may be incurred by the State in litigation or otherwise resisting said
claim or liabilities which may be imposed on the State as a result of such activities
by the Local Government, its agents, or employees.
Article 18. Notices
All notices to either party by the other required under this Agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail,
(electronic notice being permitted to the extent permitted by law but only after a separate
written consent of the parties), addressed to such party at the following addresses:
Local Government:
City of Southlake
Attn: City Manager
1400 Main Street
Suite 460
Southlake, Texas 76092
State:
Texas Department of Transportation
Attn: Director of Contract Services
125 East 11th Street
Austin, Texas 78701
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Either party may change the above address by sending
written notice of the change to the other party. Either party may request in writing that such
notices shall be delivered personally or by certified U.S. mail and such request shall be
honored and carried out by the other party.
Article 19. Right of Access
If the Local Government is the owner or otherwise controls access to any part of site of the
Project, the Local Government shall permit the State or its authorized representative
access to the site to perform any activities authorized in this Agreement.
Article 20. Project Documents
Upon completion or termination of this Agreement, all documents prepared by the State
shall remain the property of the State. All data prepared under this Agreement by the Local
Government shall be made available to the State without restriction or limitation on their
further use. All documents produced or approved or otherwise created by the Local
Government shall be transmitted to the State in the form of photocopy reproduction as
required by the State. The originals shall remain the property of the Local Government. At
the request of the State, the Local Government shall submit any information required by
the State in the format directed by the State.
Article 21. Inspection of Books and Records
The Local Government shall keep a complete and accurate record to document the
performance of the work on the Project and to expedite any audit that might be conducted.
The Local Government shall maintain records sufficient to document that funds provided
under the Agreement were expended only for eligible costs that were incurred in
accordance with all applicable state and local laws, rules, policies, and procedures, and in
accordance with all applicable provisions of this Agreement. The Local Government shall
DocuSign Envelope ID: 2D0B3980-B03E-412D-B8A0-5FD8FBBB1932
In Process
TxDOT::
CSJ # 0902-90-249
District # 02-Fort
Worth AFA ID Z00004030
Code Chart 64 # 40050
Project Name N White Chapel Blvd; Bluestem to Wingate
AFA Not Used For Research & Development
RTR Off System Page 7 of 9 Revised 4/24/2013
maintain all books, documents, papers, accounting records and other documentation
relating to costs incurred under this Agreement and shall make such materials available to
the State for review and inspection during the contract period and for four (4) years from
the date of completion of work defined under this Agreement or until any pending litigation
or claims are resolved, whichever is later. Additionally, the State shall have access to all
governmental records that are directly applicable to this Agreement for the purpose of
making audits, examinations, excerpts, and transcriptions.
Article 22. NCTCOG
Acceptance of funds directly under the Agreement or indirectly through a subcontract
under the Agreement acts as acceptance of the authority of NCTCOG and RTC to assist
the Local Government’s implementation of financial reporting and environmental review
concerning the Project. The Local Government shall provide to NCTCOG on a monthly
basis a report of expenses, including the Local Government’s expenditure of local match
funds. The report shall list separately the expenditures by project phase as shown in
Attachment A, including but not limited to engineering, environmental review, right of way
acquisition, and construction. The report shall also describe interest earned on money from
the SH 121 Subaccount, including the interest rate, interest earned during the month, and
cumulative interest earned. The report shall further describe the status of developing the
Project. Not less than 60 days before the environmental review document is submitted to
the governing body of the Local Government for final approval, the Local Government shall
submit the document to NCTCOG for review and comment. NCTCOG may provide the
Local Government technical assistance on the environmental review of the Project as
mutually agreed between NCTCOG and the Local Government.
Article 23. State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from
the State directly under the Agreement or indirectly through a subcontract under the
Agreement. Acceptance of funds directly under the Agreement or indirectly through a
subcontract under this Agreement 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. An entity that is the subject of an audit or investigation must
provide the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
Article 24. Amendments
By mutual written consent of the Parties, this contract may be amended prior to its
expiration.
Article 25. Termination
The Agreement may be terminated in the following manner:
a. By mutual written agreement and consent of both parties;
b. By either party upon the failure of the other party to fulfill the obligations set forth
herein, after a 45-day period to cure after receiving written notice of non-
compliance;
DocuSign Envelope ID: 2D0B3980-B03E-412D-B8A0-5FD8FBBB1932
In Process
TxDOT::
CSJ # 0902-90-249
District # 02-Fort
Worth AFA ID Z00004030
Code Chart 64 # 40050
Project Name N White Chapel Blvd; Bluestem to Wingate
AFA Not Used For Research & Development
RTR Off System Page 8 of 9 Revised 4/24/2013
c. By the State if the Local Government does not let the construction contract for the
Project within one year after the State first provides 121 Funds for construction as
shown in Attachment A, Payment Provision and Work Responsibilities;
d. By the State if the Local Government does not complete the Project within ten years
after the effective date of the Agreement.
Article 26. Work by Debarred Person
The Local Government shall not contract with any person that is suspended, debarred,
proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any federal agency or that is debarred or suspended by the State.
Article 27. Sole Agreement
The Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement’s subject matter.
Article 28. 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. The Local Government may assign its interests under the Agreement only
with the written approval of the State.
Article 29. Remedies
The Agreement shall not be considered as specifying an exclusive remedy for a breach of
the Agreement. All remedies existing at law or in equity are available to either Party and
are cumulative.
Article 30. Legal Construction
If a provision of the Agreement shall be held invalid, illegal or unenforceable, such
invalidity, illegality or unenforceability shall not affect any other provision, and the
Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable
provision.
Article 31. 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.
DocuSign Envelope ID: 2D0B3980-B03E-412D-B8A0-5FD8FBBB1932
In Process
TxDOT::
CSJ # 0902-90-249
District # 02-Fort
Worth AFA ID Z00004030
Code Chart 64 # 40050
Project Name N White Chapel Blvd; Bluestem to Wingate
AFA Not Used For Research & Development
RTR Off System Page 9 of 9 Revised 4/24/2013
Each party is signing this agreement on the date stated next to that party’s signature.
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 Date _______
Kenneth Stewart
Director of Contract Services
THE LOCAL GOVERNMENT: City of Southlake
By Date
John Huffman
Mayor
DocuSign Envelope ID: 2D0B3980-B03E-412D-B8A0-5FD8FBBB1932
In Process
TxDOT::
CSJ # 0902-90-249
District # 02-Fort
Worth AFA ID Z00004030
Code Chart 64 # 40050
Project Name N White Chapel Blvd; Bluestem to Wingate
AFA Not Used For Research & Development
Attachment A Page 1 of 1
ATTACHMENT A
Payment Provision and Work Responsibilities
For CSJ# 0902-90-249, the State will pay $3,491,520.00 from the SH 121 Subaccount to
reconstruct Bridge and roadway approaches to include adding of sidewalks of North White
Chapel Boulevard from North of Bluestem Drive to South of Wingate Lane.
In accordance with the allocation of funds approved by the RTC, and concurred with by
the Texas Transportation Commission, the State will make the payments for the following
work in the following Fiscal Years:
Fiscal
Year
Expenditure
Preliminary
Engineering
Right of Way
Acquisition
Utilities Construction
2023 $0 $0 $0 $3,491,520.00
The Local Government shall contribute a required local match of $872,880.00.
Upon completion of the Project, the Local Government will issue a signed "Notification of
Completion" document to the State. The notice shall certify that the Project has been
completed, all necessary inspections have been conducted, and the Project is open to
traffic.
DocuSign Envelope ID: 2D0B3980-B03E-412D-B8A0-5FD8FBBB1932
In Process
Certificate Of Completion
Envelope Id: 2D0B3980B03E412DB8A05FD8FBBB1932 Status: Sent
Subject: Please DocuSign: Z00004030 – 0902-90-249 - RTR AFA PRIME - with City of Southlake
Source Envelope:
Document Pages: 13 Signatures: 0 Envelope Originator:
Certificate Pages: 5 Initials: 0 Laura Gamboa
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
125 E. 11th Street
Austin, TX 78701
laura.gamboa@txdot.gov
IP Address: 209.112.106.2
Record Tracking
Status: Original
11/1/2022 8:44:06 AM
Holder: Laura Gamboa
laura.gamboa@txdot.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Texas Department of Transportation Location: DocuSign
Signer Events Signature Timestamp
John Huffman
mayor@cityofsouthlake.com
Security Level: Email, Account Authentication
(Optional)
Sent: 11/1/2022 8:49:00 AM
Viewed: 11/8/2022 4:24:52 PM
Electronic Record and Signature Disclosure:
Accepted: 11/8/2022 4:24:52 PM
ID: 3ab6b52b-0f75-46c6-beff-4885b6de0434
Kenneth Stewart
kenneth.stewart@txdot.gov
Security Level: Email, Account Authentication
(Optional)
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Not Offered via DocuSign
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Rose Rodriguez
rose.rodriguez@txdot.gov
District Contract Administrator
Texas Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Sent: 11/1/2022 8:48:59 AM
Viewed: 11/1/2022 9:02:04 AM
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In Process
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Envelope Sent Hashed/Encrypted 11/1/2022 8:49:00 AM
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Electronic Record and Signature Disclosure
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At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Texas Department of Transportation:
Electronic Record and Signature Disclosure created on: 1/9/2015 7:21:34 AM
Parties agreed to: John Huffman
In Process
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: kevin.setoda@txdot.gov
To advise Texas Department of Transportation of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at kevin.setoda@txdot.gov and in
the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from Texas Department of Transportation
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to kevin.setoda@txdot.gov and in the
body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Texas Department of Transportation
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to kevin.setoda@txdot.gov and in the body of such request you must
state your e-mail, full name, IS Postal Address, telephone number, and account number.
We do not need any other information from you to withdraw consent.. The consequences
of your withdrawing consent for online documents will be that transactions may take a
longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for
SENDERS): Internet Explorer 6.0? or above
Browsers (for
SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security
Settings: Allow per session cookies
In Process
Users accessing the internet behind a Proxy Server must enable HTTP
1.1 settings via proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will have
the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you were
able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to e-mail
this disclosure and consent to an address where you will be able to print on paper or save it for
your future reference and access. Further, if you consent to receiving notices and disclosures
exclusively in electronic format on the terms and conditions described above, please let us know
by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
Until or unless I notify Texas Department of Transportation as described above, I consent
to receive from exclusively through electronic means all notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided
or made available to me by Texas Department of Transportation during the course of my
relationship with you.
In Process