Loading...
HomeMy WebLinkAbout1999-422WH WLXV0L1WNr dCPUAL� OmammleWAimmw Urbm Slre ft9 WMC400 ORDINANCE NO W- ZIA,� AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO MALONE STREET FROM SCRIPTURE STREET TO US 380, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute an Agreement with the Texas Department of Transportation for improvements to Malone Street from Scripture Street to U S 380, which is attached hereto and incorporated by reference herein SECTION 2 That the expenditure of funds as provided in the attached Agreement is hereby authorized SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /C day of 1999 JACK LER, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY m D AS TO LEGAL FORM L PROUTY, CITY ATTORNEY BY %%:aF� 2 X�c e dl STATE OF TEXAS S COUNTY OF TRAVIS S URBAN STREET PROGRAM AGREEMENT 107, 1 �� A Denton County De t n CSJ 0918Icke Malone Street From Scripture To US 380 THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the STATE, and the City of Denton, Texas, acting by and through the Denton Cily Council, hereinafter called the City WITNESSETH WHEREAS, the Project Development Plan (PDP) is a ten year plan which authorizes project planning and development, and WHEREAS, on the 25 Day of Janu , 1996, the Texas Transportation Commission passed Minute Order 106713, attached hereto and identified as Exhibit A, approving the 1997 Urban Street Program, which addresses reconstruction and restoration needs on city streets (collector and higher) within urbanized areas with populations of 50,000 or more, and WHEREAS, the State and the City desire improvements on Malone Street from Scripture to US 380, as shown in Exhibit B, to be hereinafter identified as the Project, and WHEREAS, the Metropolitan Planning Organization (MPO) has selected this Project with the concurrence of the State, and WHEREAS, Exhibit J of Minute Order 106713 establishes the State share of funding for Page 1 of 18 09/21/99 S \TXDOT\Contmct TXDOT Malone From Scnp doe Urban Street Program projects will not exceed eighty percent (80%) of the costs of its grading, base, pavement, cross drainage, pavement markings, guard fence and other safety features, and WHEREAS, Exhibit J of Minute Order 106713 establishes the City will provide 20% of the costs for the heretofore mentioned items, and will pay one hundred percent (100%) of any storm sewer, curb and gutter, sidewalks, driveways, right-of-way, utility adjustments and environmental mitigation (i e , sound walls, etc ), and WHEREAS, the City has offered to participate in the development and construction of the Project by preparing or causing to have prepared the preliminary engineering and design plans, acquiring the necessary right-of-way, providing relocation assistance, preparing nght-of- way description and value determination, accomplishing the adjustment of utilities, condemning property, providing certifications, providing environmental mitigation and providing other necessary items as required by the State, and WHEREAS, on theW day of KbIPMh4 19g9, the Denton City Council passed Resolution No '424, attached hereto and identified as "Exhibit C", authorizing the City's participation in the development of the Project, and WHEREAS, the State will provide funding, review the engineering and right-of-way related items, provide construction oversight and other items as required AGREEMENT 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, it is agreed as follows Page 2 of 18 09/21/99 S \TXDOT\Contract TXDOT Malone From Scrip doc 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided 2 SCOPE OF PROJECT The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission 3 ACQUISITION OF RIGHT-OF-WAY AND RELOCATION ASSISTANCE In the event right-of-way needs arise, the City shall perform all necessary requirements to acquire the desired right-of-way required for the construction of the Project The City will comply with all requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U S C A Section 4601, et seq , including those provisions relating to incidental expenses incurred by the property owners, and benefits applicable to the relocation of any displaced person as defined in 49 CFR, 24 2(g) Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection The City shall secure easements over any land in addition to normal right-of- way as may be indicated on the approved nght-of-way map The City will be responsible for any additional right-of-way required for the completion of the Project 4 RIGHT-OF-WAY DESCRIPTION In the event nght-of-way needs arise, the City will prepare right-of-way maps, property Page 3 of 18 09/21 /99 S \TXDOT\Contract TXDOT Malone From Scrip doe descriptions and other data as needed to properly describe the right-of-way which the City is to acquire and provide for the Project The nght-of-way maps and property descriptions shall be submitted to the State for approval prior to the City acquiring the necessary right-of-way Tracings of the right-of-way maps shall be retained by the City for its permanent records 5 UTILITY ADJUSTMENTS/RELOCATIONS If the required nght-of-way encroaches upon existing utilities and the proposed highway construction requires the adjustment, removal or relocation of such utility facilities, the City will establish the necessary utility work in accordance with 43 TAC, Sec 21 31- 21 53, if applicable, and notify the affected utility companies of the required work Unless otherwise provided by the owners of the utility facilities, the City shall be responsible for the adjustment, removal or relocation of such utility facilities in accordance with applicable State law, regulations, policies and procedures In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the City will be responsible for accomplishing the additional utility work, unless this work is provided by the owners of the utility facilities 6 CERTIFICATION The City shall provide to the State forty-five (45) days prior to the construction contract let date, certification that all nght-of-way has been acquired, all environmental problems have been remedied, and all conflicting utilities have been adjusted to clear the proposed constriction 7 ENVIRONMENTAL MITIGATION Page 4 of 18 09/21/99 S \TXDOnContract TXDOT Malone From Scrip doe A The City will be responsible for the assessment, mitigation and remediation of any environmental problems associated with the development and construction of the Project ==— These may involve, but not be limited to studies related to the following 1 public involvement 2 Environmental Impact Studies 3 Environmental Assessments 4 applicable environmental documents discussing social, economic and environmental impacts of the proposed project 5 noise analysis 6 air quality analysis 7 4(f) lands such as public parks, recreational areas, wildlife/waterfowl refuges 8 historical and archeological sites as regulated by the State Historical Preservation Office and Texas Antiquities Commission 9 wetlands, Jurisdictional Waters, and vegetation as regulated by Texas Parks and Wildlife (TPW) 10 prime and unique farmlands as regulated by Soil Conservation Service 11 threatened or endangered species as regulated by TPW and U S Fish and Wildlife 12 erosion control and applicable National Pollution Discharge Elimination System (NPDES) 13 applicable permits from U S Corps of Engineers B In addition, the City will be responsible for the assessment, remediation and/or disposal of regulated materials encountered prior to and during construction, which may include but not be limited to the following 1 asbestos containing materials as regulated in 40 Code of Federal Regulations (CFR) 763 2 polychlormated biphenols as regulated by 40 CFR 761 3 petroleum (i a gasoline and diesel) contaminated soils as regulated by 31 Texas Administrative Code 334 4 Hazardous Waste as defined in 40 CFR 261 5 Class I and II waste as regulated by Texas National Resource Conservation Commission Page 5 of 18 09/21/99 S \TXDOT\Contract TXDOT Malone From Scnp doc 6, infectious or blood borne pathogen waste 7 radioactive waste 8 all Comprehensive Environmental Response and Comprehensive Liability Acts as identified in 40 CFR 300-399 The City will not let the construction contract until all known environmental problems have been remediated 8. ENGINEERING RESPONSIBILITIES A The City will prepare or cause to have prepared the Project's preliminary engineering necessary for the development of the plans, specifications and estimate (P S & E ) Development of the preliminary engineering shall include a schematic, an environmental assessment and assistance to the State in conducting public hearings, as required B The P S & E shall be developed by the City in accordance with the latest edition and revisions of the American Association of State Highway and Transportation Officials' (AASHTO) Standards established in AASHTO's A Policy On Geometnc Design of Highways and Streets, the State's Standard Specifications for Construction of Highways. Streets and Bridges, and The Texas Manual on Uniform Traffic Control Devices (TMUTCD) Pavement restoration projects will be developed to existing or higher pavement standards, based on current traffic The City shall submit the completed P S & E to the State for review and approval The City will not let the construction contract until the P S & E has been approved by the State 9 CONSTRUCTION RESPONSIBILITIES A The City shall advertise for construction bids, issue bid proposals, receive and Page 6 of 18 09/21/99 S \TXDOnContract TXDOT Malone From Scnp doe tabulate the bids and award a contract for construction of the Project in accordance with the City's existing procedures as approved by the State and applicable laws Any field changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the City and subject to the approval of the State B The City will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved P S & E The State will provide oversite inspection at it's discretion C Upon completion of the Project, the City will issue to the State a "Notification of Completion", acknowledging that the Project has been completed 10. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the City will maintain responsibility for maintenance of the completed roadway facility 11 FUNDING RESPONSIBILITIES A The estimated construction costs associated with this Project, including construction engineering and testing services, is $231,000 The estimated cost for S ate 3I 0 review is $2.310 13 In the eve _ related items, including, but not limited to, the process of acquisition and securing of easements, acquisition, relocation, right-of-way description and value determination, utility adjustments, condemnation, certifications and environmental mitigation items Page 7 of 18 09/21 /99 S \TXDOT\Contract TXDOT Malone From Scnp doe listed in Article 7, here above, will be the sole responsibility of the City C The State will be responsible for securing the State share of funding required for the construction of the Project The maximum amount payable by the State for this project is the lesser of 80% of reimbursable costs or $162,000 The City will be responsible for any non -State participation costs associated with the Project D Upon execution of this agreement, the City will, within 30 days, submit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $2,310 This amount is based on one hundred percent (100%) of the estimated State review costs These funds will be utilized by the State to review the engineering documentation and cover other incidental costs 6 /,00 bids, the State will notify the City to make available funding required for of the Project The City shall remit a check or warrant payable t e "Texas Department of Transportation" in the amount specified by the Sta qual to twenty percent (20%) of the total estimated construction cost Payi t must be made within thirty (30) days of receipt of the State'=georders ation The City shall fund all non -State participation costs of any and allr cost overruns Payment for these change orders or cost overv�s must also be made within thirty (30) days of receipt of the State's written F The State will perform an audit of all costs associated with the Project upon completion In the event additional funding is required from the City at anytime during the development of the Project, the City will provide the funds within thirty (30) days Page 8 of 18 09/21/99 S \TXDOT\Contract TXDOT Malone Fi om Scrip doe from receipt of the State's written notification In the event any funds are due the City, the State will promptly make arrangements to provide the funds to the City 12. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City and all documents prepared by the State shall remain the property of the State All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use 13 TERMINATION A This agreement may be terminated by any of the following conditions (1) By mutual written agreement and consent of both parties (2) By either party, upon the failure of the other party to fulfill the obligation as set forth herein (3) By the State if it is determined that performance of the Project is not in the best interest of the State If the agreement is terminated in accordance with the above provisions, the City will be responsible for the payment of Project costs incurred by the State on behalf of the City up to the time of termination (4) Upon completion of the terms of this agreement B The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred Page 9 of 18 09/21/99 S \TXDOT\Comract TXDOT Malone From Scrip doe The City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties 14 INDEMNIFICATION The City acknowledges that it is not an agent, servant, or employee of the State, and that it is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of work covered under this agreement 15 AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State 16 LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein 17 NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U S mail, postage prepaid, addressed to such party at the following respective addresses State Texas Department of Transportation City The City of Denton, Texas Page 10 of 18 09/21/99 S \TXDOT\Contract TXDOT Malone From Scrip doe 18 19 20 Attention Claude P Elsom III, P E Area Engineer 2624 E Prairie Denton, TX 76201 Texas Department of Transportation 4777 E-Hwy 80 Mesquite, TX 75150-6643 Attention Jerry Clark, P E Director of Eng & Transportation City Hall West 221 N Elm Denton, TX 76201 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter AUDIT The City shall comply with the requirements of OMB Circular A-133, "Audit Requirements for State and Local Governments," and shall promptly fumish the State a copy of each audit report The City shall be responsible for any funds determined to be ineligible for federal reimbursement, and shall reimburse the State the amount of any such funds previously provided to it by the State DISPUTES The City shall be responsible for the settlement of all contractual and administrative issues arising out of procurement entered into in support of contract work Page 11 of 18 1' ALS S \TXDOT\Contract TXDOT Malone From Scrip doc In the event of a dispute concerning the work performed hereunder the Executive Director of the State shall act as referee, and his decision shall be final and binding Any dispute concerning the work performed hereunder, the cost of work performed hereunder, or any non -procurement issue shall be settled in accordance with Title 43, Texas Administrative Code, Section 168, "Contract Claim Procedure " 21. SUBCONTRACTS Any subcontract for services rendered by individuals or organizations not a part of the City's organization shall not be executed without prior authorization and approval of the subcontract by the State and, when federal funds are involved, the U S Department of Transportation Subcontracts in excess of $25,000 shall contain all required provisions of this contract No subcontract will relieve the City of its responsibility under this contract 22 REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the contract Any increased cost arising from the termination shall be paid by the City This agreement shall not be considered as specifying the exclusive remedy for any dispute, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative 23 EQUAL EMPLOYMENT OPPORTUNITY Page 12 of 18 09/21/99 S \TXDOT\Comract TXDOT Malone From Scrip doe The City agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60) 24 DEBARMENT/SUSPENSION The City is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension The City shall require any party to a subcontractor purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulations, Part 29 (Debamient and Suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification 25 CIVIL RIGHTS/NONDISCRIMINATION During the performance of this contract, the City, for itself, its assignees and successors in interest (hereinafter referred to as the "City"), agrees as follows (1) Compliance with Regulations The City shall comply with the regulations relative to nondiscrimination in Federally assisted programs of the U S Department of Transportation, Title 49, Code of Federal Regulations, Part 21 and Title 23, Code of Federal Regulations, Part 710 405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract Page 13 of 18 09/21/99 S \TXDOT\Contract TXDOT Malone From Scrip doc (2) Nondiscrimination The City, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment The City shall not participate by Section 215 and Part 710 405(b) of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the City for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the City of the City's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race color, sex, or national origin (4) Information and Reports The City shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Texas Department of Transportation or the U S Department of Transportation to be pertinent to ascertain compliance with such Regulations or directives Where any information required of a City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the Texas Department of Transportation or the U S Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information Page 14 of 18 09/21/99 S \TXDOT\Contract TXDOT Malone From Scrip doe (5) Sanctions for Noncompliance In the event of the City's noncompliance with the nondiscrimination provisions of this contract, the Texas Department of Transportation shall impose such contract sanctions it or the U S Department of Transportation may determme to be appropriate, including, but not limited to (a) withholding of payments to the City under the contract until the City complies and/or (b) cancellation, termination, or suspension of the contract, in whole or in part (6) Incorporation of Provisions The City shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto The City shall take such action with respect to any subcontract or procurement as the Texas Department of Transportation or the U S Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance, provided however that in the event a City becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the City may request the Texas Department of Transportation to enter into such litigation to protect the interests of the State, and, in addition, the City may request the United States to enter into such litigation to protect the interests of the United States 41„ 26 MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS 3P�� It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFR Part 2�trr, shall have the maximum opportunity to participate Page 15 of 18 09/21/99 S \TXDOT\Contract TXDOT Malone From Scrip doe in the performance of contracts financed in whole or in part with Federal funds / Consequently, the Minority Business Enterprise requirement of 49 CFR Part 2;43 1 to this contract as follows 4 �6 .appY ` �4GG The City agrees to insure that Minority Business Enterprises as defined in 49 CFR 26, C 3ttbpmthave the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds In this regard, the City Q �� shall take all necessary and reasonable steps in accordance with 49 CFR Part 2�, to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts The City and any Subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or part with Federal funds These requirements shall be physically included in any subcontract Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the Department, may result in termination of the contract by the State or other such remedy as the State deems appropriate 27. COMPLIANCE WITH LAWS The City shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the agreement When required, the City shall furnish the State with satisfactory proof of compliance therewith 28 INSPECTION OF BOOKS ANS RECORDS Page 16 of 18 09/21/99 S \TXDOT\Contract TXDOT Malone From Scrip doe The State will, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of work performed by the City at the time of contract termination The City shall 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, Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for three (4) years from the date of final acceptance of the work defined under this contract, or until pending litigation or audits are completely resolved Additionally, the State, FHWA and their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions 29 PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established Title 49 CFR Part 18 36 and the property management standards established in Title 49 CFR Part 18 32 The City shall maintain procurement standards which meet or exceed the requirements, as appropriate, outlined in the Federal Office of Management and Budget Circular A-87, Cost Principles for State and Local Governments 30 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 Page 17 of 18 09/21/99 S \TXDOT\Contract TXDOT Malone From Scrip doe IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts THE CITY OF DENTON, TEXAS By Michel W Jez,,tyf4anager lqq D ttoo Approved as to form i erb Prouty, Crty Atto ey THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission By J tfer So erector, Contract Services Office Date Page 18 of 18 09/21/99 S \TXDOT\Contract TXDOT Malone From Scnp doc EXHIBIT A TEXAS TRANSPORTATION CON VARIOUS County MINUTE ORDER Page _1_ of _2 Pages District VARIOUS WHEREAS, the PROJECT DEVELOPMENT PLAN (the PDP) of the Texas Department of Transportation (the department) is a ten year plan which authortzes project Planning and development, and WHEREAS, the PDP h submitted to the Texas Transportation Commission (the commission) for approval on an annual basis, and WHEREAS, Minute Order 102M dated November 30, 1993 approved the handling of bank balance allocation programs for several of the categories of the PDP, and WHEREAS, Minute Order 102992 also directed that any future program amounts for the bank balance allocation programs be returned to the attention of the commission for approval, and WHEREAS, this action is consistent with the 1995-1999 Strategic Plan strategy to plan, design, and manage highway projects, NOW, THEREFORE, IT IS ORDERED that the annual program amounts and allocation formulas for the programs listed in the following Exhibits be approved, and the projects developed as part of the programs be developed by the department on an as -needed basis Exhibit A - Category 2, interstate Maintenance 1999-2000 Interstate Rehabilita ion Program Exhibit B - Category 3, National Highway System 1999 2000 National Highway System Rehabilitation Program Exhibit C - Category 4, Surface Transportation Program (STP) 1998-1999 Federal Hazard Elimination Program 1997 Federal Railroad Signal Program 1997 Federal Railroad School Bus Signal Program 1999-2000 STP Urban/Rural Rehabdttation Program Exhibit D - Category 7, Preventive Maintenance 1997 State Preventive Maintenance Program 1997 District Preventive Maintenance Program Exhibit E - Category 8, State Farm to Market Roads 1997 Farm to Market/Ranch to Market Road Rehabilitation Program Exhibit F - Category 9, State Park Roads 1998 State Park Road Program a Exhibit G - Category 10, State Rehabilitation of Signs, Signals and Pavement Markings �p 1997 Traffic Control Devices Program 1997 Rehabilitation of Traffic Management Systems Program �J� r'EXAS TRANSPORTATION COMMISSIO VARIOUS County District VARIOUS Subnutted by MINUTE ORDER 1997 Discretionary Program for NAFTA Related Projects Exlubit J - Category 13D, Urban Street Program 1997 Urban Street Program Exhibit K - Category 14, State Rehabilitation 1997 State Rehabilitation Program Exbrbnt L - Category 16, Miscellaneous 1997 Railroad Grade Crossing Replanlang Program 1997 Railroad Signal Maintenance Program 1997 Construction Landscape Program 1997-1998 Landscape Cost Sharing Program Page 2 of 2 IT IS FURTHER ORDERED that the Executive Drector is hereby authorized to proceed in the most feasible and economical manner with project development as approved herein to include any necessary agreements, right of way acquisition, utility adjustments and relocation assistance Reviewed by Director, Transportation Planning and Deputy Executive Director for Programming Division Administrative Services Recommended by Executive Director Minute Number 106713 Date Passed JAN 25 96 EXIIIBTT J CATEGORY 13D - URBAN STREET PROGRAM 1997 URBAN STREET PROGRAM Description This program addresses reconstruction and restoration needs on city streets with populations of 50,000 or more Streets must be classified as a collector or higher All reconstruction and added capacity projects must be developed in accordance with American Association of State Highway and Transportation Official's (AASHTO) standards ibis program lapses on 8-31-2000 Program amount. $18,000,000 (Allocations to districts attached) (Includes local 20% march) Basis of allocation. Policy This program will be handled as a bank balance program Eligible projects should be developed by the Metropolitan Planning Organizations (MPO) with distract level TxDOT concurrence on an as needed basis Construction fund match and match for purchase of right -of --way and utility adjustments is as follows The city will pay 100 percent of storm sewer, curb and gutter, stdewallrs, driveways, right -of --way, utility adjustments and environmental mitigation ('t e , sound walls, etc ) TxDOT will pay 80 percent of grading, base, pavement (no preventive maintenance projects such as thin overlays and seal coats), cross drainage, pavement markings, guard fence and other safety features The city will pay 20 percent of the above items Consultants may be used for plans, specifications and estimates preparation The cities will escrow funds for the department to select, manage and pay the consultants on those projects that will be managed by the department A city may request that they be allowed to provide complete plans, specifications and estimates, and manage the construction of a project. On these projects, the department will have oversight and audit responsibility Responsible division Transportation Plaanmg and Programming Division tlay tg 1991. T : pawl C,auduro , NG'rcoG Front', Kim Carroll, IXt0c"( (214) 320-41Psto su65tc�': Urban S4-rae-1- R"o9 No, Ske !tS —I %%Of LGUVOLIVbne( k!ALAne Gwvmm Z` neeemWfjh=Sven Roy Me eA ORDINANCE NO 4- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO MALONE STREET FROM SCRIPTURE STREET TO US 380, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute an Agreement with the Texas Department of Transportation for improvements to Malone Street from Scripture Street to U S 380, which is attached hereto and incorporated by reference herein SECTION 2 That the expenditure of funds as provided in the attached Agreement is hereby authorized SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1999 JACK LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY D AS TO LEGAL FORM L PROUTY, CITY ATTORNEY BY ` ice% G2 c c