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HomeMy WebLinkAbout1997-135CMAQ ORD ORDINANCE NO 13 5 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE FOUR AGREEMENTS BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE STUDY AND IMPROVEMENT OF FOUR INTERSECTIONS WITHIN THE CITY LIMITS OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute four Congestion Mitigation and Air Quality Improvements Agreements between the City of Denton and the Texas Department of Transportation for the furnishing and installing of traffic signals, and the City is authorized to participate in the development and construction of the project as set forth in the Agreements, copies of which is attached hereto and incorporated by reference herein SECTION II That the City Council hereby authorizes the expenditures of funds as provided in the Agreements SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ��day of, 1997 JA C LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY WC APPROVED AS TO LEGAL FORM Denton County ��� CSS 0081-04- US 377 AT IH 35E STATE OF TEXAS COUNTY OF TRAVIS A G R E E M E N T (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM) 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 City Council, hereinafter called the "City" W I T N E S S E T H WHEREAS, the Intermodal Surface Transportation Efficiency Act of 2991, ("ISTEA") codified under Title 23 U S C Section 101 at seq , establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner, and WHEREAS, Title 23 U S C Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies, and WHEREAS, Title 23 U S C Section 134 establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies develop transportation plans and programs for urbanized areas of the State, and WHEREAS, the State and the City desire improvements to US 377 at IH 35E intersection, as shown in "Exhibit A", to be hereinafter identified as the "Project", and WHEREAS, Title 23 U S C Section 120 establishes that the Federal share of funding for CMAQ programs will not exceed eighty percent (80%) of the Project cost, and WHEREAS, the City has offered to participate in the development and Page 1 of 8 10/14/96 construction of the Project by providing funding and other necessary items as required by the State, and WHEREAS, on the 6th day of May 1997, the Denton City Council passed Resolution No 97-135 , attached hereto and identified as "Exhibit 8", authorizing the City's participation in the development of the Project, and WHEREAS, the State will secure the Federal cost share, prepare the preliminary engineering and design plans, let the construction contract, provide the construction inspection, and provide other items as required, and WHEREAS, on the 29 day of July , 1921, the Texas Transportation Commission passed Minute Order 102542 attached hereto and identified as "Exhibit C", authorizing the Project through the State Transportation Improvement Program, A G R E E M E N T 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 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 A The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission B The Project will be designated as a METROPOLITAN HIGHWAY for the limited purpose of constructing the roadway facility, however, any existing city street within the limits of the Project will not be designated or incorporated therein prior to the State's award of the construction contract C The City will continue to provide maintenance for all city roads within the limits of the Project until the State's award of the construction i contract Page 2 of 8 10/14/96 3 UTILITY ADJUSTMENTS/RELOCATIONS In the event the proposed highway construction requires the adjustment, removal or relocation of utility facilities, the State 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 State 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 State will be responsible for accomplishing the additional utility work, unless this work is provided by the owners of the utility facilities 4 ENVIRONMENTAL MITIGATION A The State will be responsible for the 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 State 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 Page 3 of 8 10/14/96 2 polychlorinated 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 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 State will not let the construction contract until all known environmental problems have been remediated 5 ENGINEERING RESPONSIBILITIES A The State will prepare 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 an FHWA approved schematic, an environmental assessment and conducting of public hearings as required B The P S & E shall be developed by the State or its consultant in accordance with the latest edition and revisions of the State's Operations and Procedures Manual, the State's Standard Specifications for Construction of Highways Streets and Bridges, and The Texas Manual on Uniform Traffic Control Divices (TMUTCD) For all items not discussed in the above documents, the American Association of State Highway and Transportation Officials' A Policy On Geometric Design of Highways and Streets shall be referenced for guidance 6 CONSTRUCTION RESPONSIBILITIES A The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures 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 State B The State 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 Page 4 of 8 10/14/96 Project is accomplished in accordance with the approved P S & B The City will be allowed to review the construction work provided the review does not interfere with the work being performed by the State's contractor C Upon completion of the Project, the State will issue to the City a "Notification of Completion", acknowledging that the Project has been completed 7 FUNDING RESPONSIBILITIES /5 A The item/ subject to Federal reimbursement for this Project i.e o -ant)- construction The estimated cost of these `..'^-- rs Const ion items shall 011SW �97�I� erg? include construction engineering and testing serve �yI� B The State will be responsible for securing the Federal share of funding required for the ` __a construction of the Project The City will be responsible o ny non federal participation costs associated with the Project C Upon execution of this agreement, the City will submit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $ 5,520 This amount is based on forty six percent (46%) of the estimated engineering costs These funds will be utilized by the State to prepare the engineering documentation and cover other incidental costs D Sixty (60) days prior to the date set by the State for receept of the construction bids, the State will notify the City to make available funding required for the construction of the Project The City shall remit a check or warrant payable to the "Texas Department of Transportation" 2n the amount specified by the State equal to forty six percent (46%) of the total estimated construction cost Payment must be made within thirty (30) days of receipt of the State's written notification The City contribution is estimated to be $ 19,780 The City shall fund all non-federal and non state participation costs of any and all change orders or cost overruns Payment for these change orders or cost overruns must also be made within thirty (30) days of receipt of the State's written notification Page 5 of 8 10/14/96 E The State will perform an audit of all costs associated with the Project upon completion In the event additional Funding is required by the C-aty at anytime during the development of the Project, the City will provide the funds within thirty (30) days from receipt of the State's written notification In the event any funds are due the City, the State all promptly make arrangements to provide the funds to the City INDIRECT COST RECOVERY PLAN Sects 106 001 et seq , Government Code, Vernon' ode Annotated, requires the State to r ver indirect cc se on a percentage of the State's actual direct costs to co t e oject The indirect costs will be in accordance with the Sta erect t Recovery Plan and are estimated to be $ 4,686 The C all be responsible J orty six percent (46%) of the State s irect cost The City's indirect costs estimated to be $ 2 5 Payment must be made within thirty (30) days from recei f the ate's written notification - i0-7- 97 �132 j-?/ 9 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 10 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 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 The Page 6 of 8 10/14/96 City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties 11 INDE NIFICATION 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 12 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 13 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 14 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 Attention Director of Transportation Planning and Development 9700 East R L Thornton Dallas, TX 75228 City The City of Denton, Texas 215 East McKinney Street Denton, Texas 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 Page 7 of 8 10/14/96 15 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 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed n duplicate counterparts By ATTE //THE CITY OF DENTON, TEXAS THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation g Vic, Commission under the authority of Minute Order No 100002 and s rative r,rgu1a for the purpose and effect of activating and carrying out the orders, t wlished policies or work programs heretofore approved by the Pexas Transportation Commission to 10/14/96 Page 8 of 8 tn 0 a 0 ^^L l— U) �E 0 a) a> 00 � a E O z C EXHIBIT A "EXHIBIT B" ORDINANCE NO 43,9 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE FOUR AGREEMENTS BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE STUDY AND IMPROVEMENT OF FOUR INTERSECTIONS WITHIN THE CITY LIMITS OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE , THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute four Congestion Mitigation and Air Quality Improvements Agreements between the City of Denton and the Texas Department of Transportation for the furnishing and installing of traffic signals, and the City is authorized to participate in the development and construction of the project as set forth in the Agreements, copies of which is attached hereto and incorporated by reference herein SECTION II That the City Council hereby authorizes the expenditures of funds as provided in the Agreements SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the L�y of 1997 JA C LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY w APPROVED AS TO LEGAL FORM HERBERT L PROUTY, C"RNEY E.XNIQ►T "C' TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page 1 of S Pages District No VARIOUS WHEREAS, the Project Development Plan (POP) of the Texas Oepartment of Transportation is a ten year plan which authorizes project planning and development, and is submitted to the Texas Transportation Commiss,on for approval on an annual basis, and WHEREAS, the 1993 Transitional POP was structured and developed with categories to utilize the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and WHEREAS, development and construction of many projects in the PDP are subject to the approval/concurrence of the Metropoliien Planning Organizations (MPOs); and WHEREAS, the MPOs have recently made significant modifications to the list of projects which they propose to include in their Transportation Improvement Programs (TIPS), and WHEREAS, the letting to contract of projects contained in the POP is further subject to the availability of projected funds; and WHEREAS, the structure of the various categories of work, including the description, the restrictions, the method of allocation and policy of the 1993 Transitional POP was outlined in Minute Order 101106 dated June 24, 1992 and amended in Minute Order 101590 dated October 28, 1992; and WHEREAS, Minute Order 101588 dated October 28, 1992 approved the structure of the allocation program portion of the 1993 Transitional POP, and authorized projects in various allocation programs; and WHEREAS, an update of these previously authorized projects and policies is required to more accurately depict and properly guide planning and development, and WHEREAS, it is appropriate to address the status of the 1993 Transitional POP and the approval of the 1994 POP separately with respect to mobility and allocation categories, and TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page 2 of 5 Pages District No VARIOUS WHEREAS, for mobility categories, Minute Order 101106 and subsequent Minute Orders 101586 and 101587 dated October 28, 1992 approved specific projects for various levels of authorization in the 1993 Transitional POP in Category 1 - Interstate Construction, Category 3A - National Highway System (NHS) Mobility, Category 3B - NHS Texas Trunk System, Category 3D - NHS Traffic Management, Category 3E - NHS Miscellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobility; and WHEREAS, for mobility categories, Minute Order 101588 and subsequent Minute Order 101765 dated December 22, 1992 approved specific projects for various levels of authorization in the 1993 Transitional POP in Category 4C - Surface Transportation Program (STP) Metropolitan Mobility/Rehabilitation, Category 4O - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobility/Rehabilitation, Category 5 - Congestion Mitigation and Air Quality Improvement; and WHEREAS, for allocation categories, Minute Order 101588 and subsequent Minute Order 101765 approved specific projects in the 1993 Transitional POP in Category 4A - 1993 Highway Safety Improvement Program, 1993 Federal Railroad Signal Program, and 1993 Railroad School Bus Signal Program, Category 6 - 1993-1995 On State System Bridge Program, and 1993-1995 Off State System Bridge Program, Category 8 - 1992-1994 Farm to Market Road Program, and Category 16 - 1993 Railroad Grade Cross Replanking Program, and WHEREAS, several of the allocation programs approved in the 1993 Transitional POP currently have unobligated balances for which projects have now been identified as additions to the previously approved programs, and WHEREAS, Minute Order 101765 authorized district allocations for the allocation program portion of the 1994 POP, and directed that when the projects have been selected for allocation programs (other than "bank balance" programs), the programs be returned to the attention of the Commission for approval of specific projects, and VARIOUS _ County District No VARIOUS TEXAS TRANSPORTATION COMMISSION MINUTE ORDER Page 3 of 5 Pages WHEREAS, projects have now been identified for the allocation programs of the 1994 POP, NOW, THEREFORE, iT IS ORDERED that the structure of the various categories of work, including the description, the restrictions, the method of allocation and policy outlined in Minute Orders 101106 and 101590 is hereby cancelled, and IT IS FURTHER ORDERED for mobility categories that the authorization for the Category 3A - NHS Mobility, Category 38 - NHS Texas Trunk Sytem, Category 3D - NHS Traffic Management, Category 3E NHS Miscellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobility projects listed in Minute Orders 101106, 101586 and 101587 are hereby cancelled, and IT IS FURTHER ORDERED for mobility categories that the authorization for Category 4C - STP Metropolitan Mobility/Rehabilitation, Category 40 - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobility/Rehabilitation and Category 5 - Congestion Mitigation and Air Quality Improvement projects listed in Minute Orders 101588 and 101765 are hereby cancelled; and IT IS FURTHER ORDERED for allocation categories that the projects approved as a part of past allocation programs that have not been selected for other categories of the 1994 POP shall retain their authority in those programs, and TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page 4 of 5 Pages District No VARIOUS IT IS FURTHER ORDERED that the 1994 PROJECT DEVELOPMENT PLAN as shown in the following exhibits is hereby approved Exhibit A - Structure of the various categories of work, including descriptions, restrictions, methods of allocation and policy Exhibit B - Interstate Construction (Category 1) Exhibit C - National Highway System (Category 3) NHS Mobility, NHS Texas Trunk System, NHS Traffic Management Systems, and NHS Miscellaneous Exhibit D - Surface Transportation Program (Category 4) 1994 Highway Safety Improvement Program, 1994 Federal Railroad Signal Program, 1994 Railroad School Bus Signal Program, 1993-2002 Metropolitan Mobility/Rehabilitation Program, 1993- 2002 Urban Mobility/Rehabilitation Program, 1993-2DO2 Rural Mobility/Rehabilitation, and 1994 Railroad Grade Separations Program Exhibit E - Congestion Mitigation and Air Quality (Category 5) Exhibit F - Bridge Replacement/Rehabilitation (Category 6) 1993-1995 On State System Bridge Program (Additions), 1996 On State System Bridge Program, 1993-1995 Off State System Bridge Program (Additions), and 1996 Off State System Bridge Program VARIOUS District No VARIOUS Submitted by TEXAS TRANSPORTATION COMMISSION County MINUTE ORDER Page 5 of _ 5 Pages Exhibit G - Farm to Market Road Program (Category D) 1992-1994 Farm to Market Road Program (Additions) and 1995 Farm to Market Road Program Exhibit H - Commission Strategic Priority (Category 12) Exhibit I - State Funded Mobility (Category 13) Exhibit J - Miscellaneous Programs (Category 16) 1994 Railroad Grade Crossing Replanking Program IT IS FURTHER ORDERED that the Executive Director is hereby authorized to proceed in the most feasible and economical manner with project development for the projects included in Exhibits B through J to include any necessary agreements, right of way acquisition, utility adjustments, and relocation assistance, subject to the policies of the Texas Department of Transportation and all applicable Federal and State laws governing the acquisition policies for acquiring real property IT IS FURTHER ORDERED that the specific allocation programs authorized by Minute Order 101765 for the 1993 Transitional Project Development Plan shall remain active and in effect IT IS FURTHER ORDERED that the sections of highway shown in Exhibit K are hereby designated as a part of the State Highway System subject to the conditions indicated IT IS FURTHER ORDERED that this Minute Order be effective as of September 1, 1993 erector of Highway Examined and recommended by sign Approved Associate Executive Director Executive Director Minute Number 102S42 Date Passed JUI 29 93 EAA, -� E 11-21, E >- A , h, -f c-- TRANSPORTATION IMPROVEMLN F PROGRAM DALLAS DALLAS FORT WORI H MPO FY 1996 Seplembe, 14 1535 1111RICT NAME OR DESIGNATION PROJ ID FED PROG -------------- FEDERAL COMMENTS NTY LOCATION (FROM) F CLASS ST CAT STATE LOCATION (TO) LANES PHASE LOCAL DESCRIPTION OF WORK LENGTH _ MPO TOTAL _ _ _ _____ IALLAS _ SH 121 ___ 1820 CMAQ b 64000 96/05 )LNTON INTERSECTION AT VALLEY VIEW 2 5 16000 IN THE CITY OF LEWISVILLE 0 C 20000 0364-03-901 TRAFFIC SIGNALS 0001 1106 b 100000 DALLAS SH 289 0869 CMAQ b 76 BW 97105 DALLAS ON FRANKFORD ROAD AT PRESTON ROAD 3 5 19,200 0 E 24000 PLANO 0091-06901 PRESTON ROAD INTERSECTION 0001 1106 b 120000 DALLAS SP 244 ------ 537 CMAQ S 500,000 DALLAS NORTHWEST HIGHWAY AT PLANO ROAD 3 5 125000 4 C 0 DALLAS 0353-05-089 ADO TURN LANES AND TRAFFIC SIGNAL 0 001 1106 b 625.000 -----16346296/---10 - DALLAS- ------------------------- SP 303 --1558----- - CMAQ-- — -- b �DALLAS 14TH STREET 3 5 0 WEST FREEWAY IN GRAND PRAIRIE 0 C E 199787 GRAND PRAIRIE 2208-02 900 TRAFFIC SIGNAL UPGRADE 0 001 1106 b 363 250 __—_____ _ _ >ALLAS ____________—_-----_—____ US 377 _________ 4085 ______ CMAQ ___—___ b ' 23 650 96104 1FNTON AT IH 35E 2 5 6050 0 C E 25 300 DENTON 008104901 INSTERSECTION IMPROVEMENTS 0001 1106 b 55000 ------ -- )ALIAS US 380 — 1048 ------ CMAQ ---- b 21 38S 95112 r N 1 ON US 380 AT CARROLL 3 5 5 346 0 C 6682 DENTON 01 M, 10038 INTERSECTION IMPROVEMENTS 0001 1106 $ 33414 1ALLAS _______________________ US 380 _____ ________ 1045 CMAQ _______ b 206W 95106 ON US 77 3 S 5200 LOOP 2881N DENTON 0 C 0 DENTON 0135-10-042 SIGNAL TIMING 0 001 1106 b 26 000 _ _ _ ------- -- ----- )ALIAS US 75-------------- - 4184 ---— CMAQ ------ b 200000 c OLLIN AT PLANO PARKWAY 2 5 50000 0 CE 250000 PLANO 0047-06-103 TEXAS U TURN (CONSTRUCTION) 0 001 1106 b 500000 _________ DALLAS _____________________ US 75 ______ __ 4338 _ _ _ CMAQ b 240000 96/02 ' IALLAS SOUTH OF Ill 635 2 5 60000 0 CE 0 0047-07175 INTER DISTRICT COMMUNICATION/MOTORIST 0001 1106 b 300000 DALLAS ________________________ US 77 1051 CMAQ b 6 077 g5 109 DENTON US 77 AT WILLOW SPRINGS 4 5 1 519 0 C 1899 DENTON 0196-01-073 INTERSECTION IMPROVEMENT 0001 1106 b 9495 DALLAS di______________________ 80 _______ -------- 1907 CMAQ ------ E 27 750 96 / 04 DALLAS INT OF BELT LINE IN MESQUITE 3 5 7 5M 0 C 39 750 MESQUITE 0095-02-080 TRAFFIC SIGNALS 0001 1106 b 75000 DALLAS VA 2104 CMAQ $ 480000 96/03 I DALLAS VARIOUS LOCATIONS IN THE CITY OF 0 5 0 RICHARDSON 0 C E 120000 RICHARDSON 0916-45188 TRAFFIC SIGNAL UPGRADE 0001 1106 $ 600000 _ _ _ DALLAS VA 1560 CMAQ b 169 999 97 / 08 DALLAS VARIOUS INTERSECTIONS IN GRAND PRAIRIE 0 5 0 0 C E 72857 GRAND PRAIRIE 0918-15-2D4 TRAFFIC SIGNAL UPGRADE 0 001 1106 b 242 857 _ f S _________________________ VA _________ 7758 ____ CMAQ b 6 179 000 95 / Og D. _-AS VARIOUS LOCATIONS CITYWIDE 0 5 918500 ^^ 110 C E 1 252 500 ACTUAL COSTS Denton County CSJ 0195-02 1909.-D(4 IH 35 At US 380 STATE OF TEXAS COUNTY OF TRAVIS A G R E E M E N T (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM) 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 City Council, hereinafter called the "City" W I T N E S S E T H WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U S C Section 101 et seq , establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner and WHEREAS, Title 23 U S C Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies, and WHEREAS, Title 23 U S C Section 134 establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies develop transportation plans and programs for urbanized areas of the State, and WHEREAS, the State and the City desire improvements at the intersection of IH 35 and US 380, as shown in "Exhibit A", to be hereinafter identified as the "Project", and WHEREAS, Title 23 U S C Section 120 establishes that the Federal share of funding for CMAQ programs will not exceed eighty percent (80%) of the Project cost and WHEREAS, the City has offered to participate in the development and Page 1 of 8 10/11/96 construction of the Project by providing funding and other necessary items as required by the State, and WHEREAS, on the 6th day of May 19_7, the Denton City Council passed Resolution No 97-135 attached hereto and identified as "Exhibit B", authorizing the City's participation in the development of the Project, and WHEREAS, the State will secure the Federal cost share, prepare the preliminary engineering and design plans, let the construction contract, provide the construction inspection, and provide other items as required, and WHEREAS, on the 29 day of July , 1993, the Texas Transportation Commission passed Minute Order 102542 attached hereto and identified as "Exhibit C", authorizing the Project through the State Transportation Improvement Program, A G R E E M E N T 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 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 A The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission B The Project will be designated as a METROPOLITAN HIGHWAY for the limited purpose of constructing the roadway facility, however, any existing city street within the limits of the Project will not be designated or incorporated therein prior to the State-s award of the construction contract C The City will continue to provide maintenance for all city roads within the limits of the Project until the State's award of the construction contract Page 2 of 8 10/11/96 3 UTILITY ADJUSTMENTS/RELOCATIONS In the event the proposed highway construction requires the adjustment, removal or relocation of utility facilities, the State 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 State 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 State will be responsible for accomplishing the additional utility work, unless this work is provided by the owners of the utility facilities 4 ENVIRONMENTAL MITIGATION A The State will be responsible for the 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 State 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 Page 3 of 8 10/11/96 2 polychlorinated biphenols as regulated by 40 CPR 761 3 petroleum (i e gasoline and diesel) contaminated soils as regulated by 31 Texas Administrative Code 334 4 Hazardous Waste as defined in 40 CPR 261 5 Class I and II waste as regulated by Texas National Resource Conservation Commission 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 State will not let the construction contract until all known environmental problems have been remediated 5 ENGINEERING RESPONSIBILITIES A The State will prepare 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 an FHWA approved schematic, an environmental assessment and conducting of public hearings, as required B The P S & E shall be developed by the State or its consultant in accordance with the latest edition and revisions of the State's Operations and Procedures Manual, the State's Standard Specifications for Construction of Highways Streets and Bridges, and The Texas Manual on Uniform Traffic Control Devices (TMUTCD) For all items not discussed in the above documents, the American Association of State Highway and Transportation Officials' A Policy On Geometric Design of Highways and Streets shall be referenced for guidance 6 CONSTRUCTION RESPONSIBILITIES A The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures 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 State B The State 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 Page 4 of 8 10/11/96 Project is accomplished in accordance with the approved P S & E The City will be allowed to review the construction work provided the review does not interfere with the work being performed by the State's contractor C Upon completion of the Project, the State will issue to the City d "Notification of Completion", acknowledging that the Project has been completed 7 FUNDING RESPONSIBILITIES S A The item\ subject to Federal reimbursement, for this Project,' --- Fin construction The i�1� q �\r�J a wn Dn n,�n) estimated coat of `Eties� item is •��09-.��— Conatructi n items shall include construction engineering and testing serve e �yl /y 7/ B The State will be responsible for securing the Federal share of funding required for the �e*tel—p- rc-�mQ-construction of the Project The City will be responsible a non feder a$l?participation costs associated with the Project C Upon execution of this agreement, the City will submit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $ 3,440 This amount is based on twenty percent (20%) of the estimated engineering costs These funds will be utilized by the State to prepare the engineering documentation and cover other incidental costs D Sixty (60) days prior to the date set by the State for receept of the construction bids, the State will notify the City to make available funding required for the construction of the Project The City shall remit a check or warrant payable to the "Texas Department of Transportation" in the amount specified by the State equal to twenty percent (20%) of the total estimated construction cost Payment must be made within thirty (30) days of receipt of the State's written notification The City contribution is estimated to be $ 16,560 The City shall fund all non federal and non state participation costs of any and all change orders or cost overruns Payment for these change orders or cost overruns must also be made within thirty (30) days of receipt of the State's written notification Page 5 of 8 10/11/96 I 10 E The State will perform an audit of all costs associated with the Project upon completion In the event additional funding is required by the City at anytime during the development of the Project, the City will provide the funds within thirty (30) days 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 INDIRECT COST RECOVERY PLAN Se n 2106 001 et seq , Government Code, Vernon's Code Ann ed, requires the State to - cover indirect costs as d 0 entage of the State's actual direct costs to lete the r j The indirect costs will be in accordance with the State's Ind Cost Recovery Plan and are estimated to be $ 8,520 The shall be response for twenty percent (20%) of the State's itact cost The City's indirect cost e estimated to be $ 4 Payment must be made within� ythirty (30) days from rec t of the State's written notification r'C/l/ r 97 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 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 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 The Page 6 of 8 10/11/96 City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties 11 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 12 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 13 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 14 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 Attention Director of Transportation Planning and Development 9700 East R L Thornton Dallas, TX 75228 City The City of Denton, Texas 215 East McKinney Street Denton, Texas 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 Page 7 of 8 10/11/96 15 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 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed n duplicate counterparts THE C TY OF DENTON, TEXAS By Ted Benavides Typed Name City JManager DarjE / ATTEST rty Secretary THE STATE OF TEXAS ((�� Executed for the Executive Director and approved by the Texas Transportation C<n Ck Commission under the authority of Minute Order No 100002 andr _ —eir afar-- 6 93, for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission,/w� By __ d _ a GentFaRtog_ Ze=: a 7e Page 8 of 8 10/11/96 IS11 L� -MMMMMIK- Z 5'E i cMAo oao "EXHIBIT B" ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE FOUR AGREEMENTS BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE STUDY AND IMPROVEMENT OF FOUR INTERSECTIONS WITHIN THE CITY LIMITS OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute four Congestion Mitigation and Air Quality Improvements Agreements between the City of Denton and the Texas Department of Transportation for the furnishing and mstallmg of traffic signals, and the City is authorized to participate in the development and construction of the project as set forth in the Agreements, copies of which is attached hereto and incorporated by reference herein SECTION II That the City Council hereby authorizes the expenditures of funds as provided in the Agreements SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the LLf-d-ay of 1997 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CI"RNEY EXN1a1T "G', TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page _ I of 5 _Pages District No VARIOUS WHEREAS, the Project Development Plan (POP) of the Texas Department of Transportation is a ten year plan which authorizes project planning and development, and is submitted to the Texas Transportation Commiss•on for approval on an annual basis, and WHEREAS, the 1993 Transitional POP was structured and developed with categories to utilize the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and WHEREAS, development and construction of many projects in the POP are subject to the approval/concurrence of the Metropolitan Planning Organizations (MPOs); and WHEREAS, the MPOs have recently made significant modifications to the list of projects which they propose to include in their Transportation Improvement Programs (TIPS), and WHEREAS, the letting to contract of projects contained in the POP is further subject to the availability of projected funds; and WHEREAS, the structure of the various categories of work, including the description, the restrictions, the method of allocation and policy of the 1993 Transitional POP was outlined in Minute Order 101106 dated June 24, 1992 and amended in Minute Order 101590 dated October 28, 1992; and WHEREAS, Minute Order 101588 dated October 28, 1992 approved the structure of the allocation program portion of the 1993 Transitional POP, and authorized projects in various allocation programs; and WHEREAS, an update of these previously authorized projects and policies is required to more accurately depict and properly guide planning and development, and WHEREAS, it is appropriate to address the status of the 1993 Transitional POP and the approval of the 1994 POP separately with respect to mobility and allocation categories, and TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page 2 of 5 Pages District No VARIOUS WHEREAS, for mobility categories, Minute Order 101106 and subsequent Minute Orders 101586 and 101587 dated October 28, 1992 approved specific projects for various levels of authorization in the 1993 Transitional PDP in Category 1 - Interstate Construction, Category 3A - National Highway System (NHS) Mobility, Category 3B - NHS Texas Trunk System, Category 3D - NHS Traffic Management, Category 3E - NHS Miscellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobility; and WHEREAS, for mobility categories, Minute Order 101588 and subsequent Minute Order 101765 dated December 22, 1992 approved specific projects for various levels of authorization in the 1993 Transitional POP in Category 4C - Surface Transportation Program (STP) Metropolitan Mobility/Rehabilitation, Category 4D - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobility/Rehabilitation, Category 5 - Congestion Mitigation and Air Quality Improvement; and WHEREAS, for allocation categories, Minute Order 101588 and subsequent Minute Order 101765 approved specific projects in the 1993 Transitional PDP in Category 4A - 1993 Highway Safety Improvement Program, 1993 Federal Railroad Signal Program, and 1993 Railroad School Bus Signal Program, Category 6 - 1993-1995 On State System Bridge Program, and 1993-1995 Off State System Bridge Program, Category 8 - 1992-1994 Farm to Market Road Program, and Category 16 - 1993 Railroad Grade Cross Replanking Program, and WHEREAS, several of the allocation programs approved in the 1993 Transitional PDP currently have unobligated balances for which projects have now been identified as additions to the previously approved programs, and WHEREAS, Minute Order 101765 authorized district allocations for the allocation program portion of the 1994 POP, and directed that when the projects have been selected for allocation programs (other than "bank balance" programs), the programs be returned to the attention of the Commission for approval of specific projects, and TEXAS TRANSPORTATION COMMISSION VARIOUS _ County MINUTE ORDER Page _ 3 of 5 Pages District No VARIOUS WHEREAS, projects have now been identified for the allocation programs of the 1994 POP, NOW, THEREFORE, IT IS ORDERED that the structure of the various categories of work, including the description, the restrictions, the method of allocation and policy outlined in Minute Orders 101106 and 101590 is hereby cancelled, and IT IS FURTHER ORDERED for mobility categories that the authorization for the Category 3A - NHS Mobility, Category 3B - NHS Texas Trunk Sytem, Category 3D - NHS Traffic Management, Category 3E - NHS Miscellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobility projects listed in Minute Orders 101106, 101586 and 101587 are hereby cancelled, and IT IS FURTHER ORDERED for mobility categories that the authorization for Category 4C - STP Metropolitan Mobility/Rehabilitation, Category 40 - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobility/Rehabilitation and Category 5 - Congestion Mitigation and Air Quality Improvement projects listed in Minute Orders 101588 and 101765 are hereby cancelled; and IT IS FURTHER ORDERED for allocation categories that the projects approved as a part of past allocation programs that have not been selected for other categories of the 1994 POP shall retain their authority in those programs, and VARIOUS District No VARIOUS County TEXAS TRANSPORTATION COMMISSION MINUTE ORDER Page 4 of 5 Pages IT IS FURTHER ORDERED that the 1994 PROJECT DEVELOPMENT PLAN as shown in the following exhibits is hereby approved Exhibit A - Structure of the various categories of work, including descriptions, restrictions, methods of allocation and policy Exhibit B - Interstate Construction (Category 1) Exhibit C - National Highway System (Category 3) NHS Mobility, NHS Texas Trunk System, NHS Traffic Management Systems, and NHS Miscellaneous Exhibit D - Surface Transportation Program (Category 4) 1994 Highway Safety Improvement Program, 1994 Federal Railroad Signal Program, 1994 Railroad School Bus Signal Program, 1993-2002 Metropolitan Mobility/Rehabilitation Program, 1993- 2002 Urban Mobility/Rehabilitation Program, 1993-2002 Rural Mobility/Rehabilitation, and 1994 Railroad Grade Separations Program Exhibit E - Congestion Mitigation and Air Quality (Category 5) Exhibit F - Bridge Replacement/Rehabilitation (Category 6) 99� 3-1995 On State System Bridge Program (Additions), 1996 On State System Bridge Program, 1993-1995 Off State System Bridge Program (Additions), and 1996 Off State System Bridge Program VAR District No VARIOUS TEXAS TRANSPORTATION COMMISSION County MINUTE ORDER Page _ 5 of 5_ Pages Exhibit G - Farm to Market Road Program (Category 8) 1992-1994 Farm to Market Road Program (Additions) and 1995 Farm to Market Road Program Exhibit H - Commission Strategic Priority (Category 12) Exhibit I - State Funded Mobility (Category 13) Exhibit J - Miscellaneous Programs (Category 16) 1994 Railroad Grade Crossing Replanking Program IT IS FURTHER ORDERED that the Executive Director is hereby authorized to proceed in the most feasible and economical manner with project development for the projects included in Exhibits B through J to include any necessary agreements, right of way acquisition, utility adjustments, and relocation assistance, subject to the policies of the Texas Department of Transportation and all applicable Federal and State laws governing the acquisition policies for acquiring real property IT IS FURTHER ORDERED that the specific allocation programs authorized by Minute Order 101765 for the 1993 transitional Project Development Plan shall remain active and in effect IT IS FURTHER ORDERED that the sections of highway shown in Exhibit K are hereby designated as a part of the State Highway System subject to the conditions indicated IT IS FURTHER ORDERED that this Minute Order be effective as of September 1, 1993 Submitted by Examined and recommended by Director of Highway Design Approved Associate Executive Director Executive Director Minute Number t02542 Date Passed JUl 29 93 Ik6,"L , I✓ fa ck4,'L; f DISTRICT COUNTY �J OALLAS DALLAS 1047 02 900 DALLAS DALLAS 0196-03-180 DALLAS DALLAS 0442-02 109 DALLAS DALLAS 2374-01-091 DALLAS DALLAS 2374-01 904 I DALLAS DALLAS 2374-01 905 DALLAS DALLAS 2374-01-907 - )ALIAS 2374-01 912 DALLAS DALLAS 035_3-05-088_ _ DALLAS DENTON 2250-02-900 DALLAS DALLAS 0918-45-268 DALLAS DALLAS 8050-18-902 OALIAS - - - - DALLAS 8074-18-901 DALLAS DALLAS _8078.18-010 TRANSPORTA110N IMPROVEMENT PROGRAM DALLAS DALLAS FORT WORTH MPO FY 1998 September 14 1991 _____________________ NAME OR DESIGNATION 11 PR ID ______ FED PROG _______ FEDERAL COMM COMMENTS LOCATION (FROM) F CLASS ST CAT STATE LOCATION (TO) LANES PHASE LOCAL DESCRIPTION OF WORK t FN_GTH _ _ _ MPO _ _ TOTAL _ FM 1382 _ - - - _ 4103 CMAQ b 65 800 96105 ON BELT LINE ROAD AT POLK STREET IN THE 3 5 16800 CITY OF DESOTO 0 C E R 57 400 DE SOTO INTERSECTION IMPROVEMENTS 0001 1106 ______ f 140000 ________ _ ______________ IH 35E _______ 2808 CMAQ b 2144000 97109 AT 0 5 MI S OF TRINITY MILLS 1 5 544 000 0 C 512000 CARROLLTON RAMP TO PARK-N RIDE IN CARROLLTON 0200 1106 ______ f _ 3 200000 _ ___ _ - - - ________________________ IH 35E ________ 2783 CMAQ f 10880000 y8/09 SOUTH OF US 67 1 5 Z720000 INDUSTRIAL BOULEVARD 0 C 2400000 DALLAS CONTRAFLOW HOV LANE 7 160_ _ _ 1106 _ _ _ f 16 000000 _____ __ _ _ _ _____ _______________________ IH 635 546/2219 CMAQ f 128000 95104 NORTHWEST HIGHWAY 3 5 32000 AT IH 635 0 C 0 DALLAS INTERSECTION IMPROVEMENTS 0001 _ 1106 ___ f 160000 ___ __5 ______ - IH 63 931 CMAQ f 128000 96/09 ON IH 635 AT MARSH LANE 1 5 32 000 0 C E R 40000 DALLAS INTERSECTION IMPROVEMENTS 0001 __________ 1106 b 200000 _______-_____ _____________ _____ IH 635 ____- 934 CMAQ b 224000 96 /09 ON IH 635 AT PRESTON ROAD 1 5 56000 0 C E R 70000 DALLAS INTERSECTION IMPROVEMENT 0001 1106 ______ b 350000 _______ _______ ___________________ IH 635 _______ 932 CMAQ b 1925000 98/01 AT MIDWAY 3 5 475000 0 C E R 100000 DALLAS EASTBOUND LEFT TURN LANES 0001 1106 b _2500000 ________ _______________ IH 635 831 CMAQ b 64 000 99101 ON COIT ROAD AT IH 635 3 5 16 000 0 C 0 DALLAS EASTBOUND AND NORTHBOUND RIGHT TURN 0001 1106 _ b 80000 _______---- _____ ________________________ LP 12 _______ 2219A CMAQ b 579 200 99 109 SH 114 3 5 144 8W IH 635 0 C E 181 000 DALLAS INTERSECTION IMPROVEMENT 14000 1106 ___ $ 905000 ___ _________ _ _____________________ LP 288 _____ _-__ 4090 CMAQ b 126 000 97 / 08 LOOP 288 AT KINGS ROW 3 5 32000 0 C E 42000 DENTON INTERSECTION IMPROVEMENTS 0001 1106 b 200000 __________-_ - MA -- 7122 CMAQ__E 172 800 96112 ON SPRING VALLEY 4 5 43 200 AT PRESTON ROAD 0 C E R 54 000 DALLAS ENG 95 INTERSECTION IMPROVEMENTS 0001 1106 _ b 270000 --- -40000 ROW 96 _95/08 _ MH___________________ - 0799_______ CMAQ b ON BELT LINE ROAD 0 5 0 AT DALLAS NORTH TOLLWAY 0 C E 10 000 DALLAS NORTHBOUND DUAL LEFT TURN LANES 0001 1106 _ _ ______ b _50000 _ _ _ _ _ _ _ _ _ _______________________ MIT _-_ 0792 CMAQ $ 12 ON 95 / 04 ON ARAPAHO ROAD AT MEANDERING WAY 4 5 0 0 C E 3 000 DALLAS WESTBOUND LEFT TURN POCKET 0 D01 1106 ______ b 15000 _ ____ _ _ _ _ ______________________ MH _________ 3063 CMAQ E 350 000 99 109 IN GARLAND ON FOREST LANE FROM PLANO 3 5 0 ROAD TO GARLAND ROAD 0 C E 350 D00 GARLAND TRAFFIC SIGNALS AND INTERSECTION _ 3600__--, 1106 E _ 700000 --______---- 26 Denton County C, scf CSJ 0134 09 994: US 380 Intersection Improvements STATE OF TEXAS COUNTY OF TRAVIS A G R E E M E N T (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM) 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 City Council hereinafter called the "City" W I T N E S S E T H WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U S C Section 101 et seq , establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner and WHEREAS, Title 23 U S C Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies, and WHEREAS, Title 23 U S C Section 134 establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies develop transportation plans and programs for urbanized areas of the State, and WHEREAS, the State and the City desire improvements to the US 380 intersection, as shown rn "Exhibit A", to be hereinafter identified as the "Pro3ect", and WHEREAS, Title 23 U S C Section 120 establishes that the Federal share of funding for CMAQ programs will not exceed eighty percent (80%) of the Pro3ect cost, and WHEREAS, the City has offered to participate in the development and Page 1 of 8 10/14/96 construction of the Project by providing funding and other necessary items as required by the State, and WHEREAS, on the 6th day of May 199 % the Denton City Council passed Resolution No 97-135 attached hereto and identified as "Exhibit B", authorizing the City's participation in the development of the Project, and WHEREAS, the State will secure the Federal cost share, prepare the preliminary engineering and design plans, let the construction contract, provide the construction inspection, and provide other items as required, and WHEREAS, on the 2_ day of July , 19Ui, the Texas Transportation Commission passed Minute Order 102542 , attached hereto and identified as "Exhibit C", authorizing the Project through the State Transportation Improvement Program, A G R E E M E N T 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 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 A The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission B The Project will be designated as a METROPOLITAN HIGHWAY for the limited purpose of constructing the roadway facility, however, any existing city street within the limits of the Project will not be designated or incorporated therein prior to the State's award of the construction contract C The City will continue to provide maintenance for all city roads within the limits of the Project until the State's award of the construction contract Page 2 of 8 10/14/96 3 UTILITY ADJUSTMENTS/RELOCATIONS In the event the proposed highway construction requires the adjustment, removal or relocation of utility facilities, the State 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 State 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 State will be responsible for accomplishing the additional utility work, unless this work is provided by the owners of the utility facilities 4 ENVIRONMENTAL MITIGATION A The State will be responsible for the 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 State 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 Page 3 of 8 10/14/96 2 polychlorinated biphenols as regulated by 40 CFR 761 3 petroleum (i e 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 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 State will not let the construction contract until all known environmental problems have been remediated 5 ENGINEERING RESPONSIBILITIES A The State will prepare 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 an FHWA approved schematic, an environmental assessment and conducting of public hearings, as required B The P S & E shall be developed by the State or its consultant in accordance with the latest edition and revisions of the State's Operations and Procedures Manual, the State's Standard Specifications for Construction of Highways Streets and Bridaes, and The Texas Manual on Uniform Traffic Control Divices (TMUTCD) For all items not discussed in the above documents, the American Association of State Highway and Transportation Officials' A Policy On Geometric Design of H ahways and Streets shall be referenced for guidance 6 CONSTRUCTION RESPONSIBILITIES A The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures 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 State B The State 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 Page 4 of 8 10/14/96 Project is accomplished in accordance with the approved P S & E The City will be allowed to review the construction work provided the review does not interfere with the work being performed by the State's contractor C Upon completion of the Project, the State will issue to the City a "Notification of Completion", acknowledging that the Project has been completed 7 FUNDING RESPONSIBILITIES c� A The item subject to Federal reimbursement for this Project, la'r� construction The estimated cost of trhese item, is Constxuc i n items shall io �4 97 include construction engineering and testing services B The State will be responsible for securing the Federal share of funding required for the etee3.q� construction of the Project The City will ��-G-99 be responsible for any n-federal participation costs associated with the Project C Upon execution of this agreement the City will submit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $ 6,760 This amount is based on twenty six percent (26%) of the estimated engineering costs These funds will be utilized by the State to prepare the engineering documentation and cover other incidental costs D Sixty (60) days prior to the date set by the State for reciept of the construction bids, the State will notify the City to make available funding required for the construction of the Project The City shall remit a check or warrant payable to the "Texas Department of Transportation" in the amount specified by the State equal to twenty six percent (26%) of the total estimated construction cost Payment must be made within thirty (30) days of receipt of the State's written notification The City contribution is estimated to be $ 37,440 The City shall fund all non federal and non state participation costs of any and all change orders or cost overruns Payment for these change orders or cost overruns must also be made within thirty (30) days of receipt of the State's written notification Page 5 of 8 10/14/96 E The State will perform an audit of all costs associated with the Project upon completion In the event additional funding is required by the City at anytime during the development of the Project the City will provide the funds within thirty (30) days 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 Secti 2106 001 et seq , Government Code, Vernon's Code Annotated, requires - the State to cover indirect costs based on a er ntage of t tate's actual direct costs to plete the Project A costs will be in accordance with the State's In ct Cost ery Plan and are estimated to be $ 14,484 The City shall respo ble for twenty six percent (26%) of the State's indi cost The City's Lndirec oats are estimated to be $ 3 76 Payment must be made within thirty (30) da from receipt of he State's written notification ^ 6 r 9i 9 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 10 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 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 The Page 6 of 8 10/14/96 City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties 11 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 12 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 13 LFGAL 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 14 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 Attention Director of Transportation Planning and Development 9700 East R L Thornton Dallas, TX 75228 City The City of Denton, Texas 215 East McKinney Street Denton, Texas 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 Page 7 of 8 10/14/96 IS 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 subDect matter IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed n duplicate counterparts W ATTE THE ITYOF NTO� S Ted Benavides THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Minute Order No 100002 and ate= t� 26 93r for the purpose and effect of activating and carrying out the M� �iJlk orders, established policies or work programs heretofore approved by the Texas Transportation Commission ,n 1C)-�i wcicp By 1��=,✓ce� Da Page 8 of 8 10/14/96 EXHIBIT "A" Sheet 1 of 7 EXHIBIT "A" Sheet 2 of 7 1 3VNB 31N - I - EXHIBIT "A" Sheet 3 of 7 13381< 3NOIVW EXHIBIT "A" Sheet 4 of 7 EXHIBIT "A" Sheet 5 of 7 \ �1 1 \ 1 \ 11 1 \1 1336—' S NOM-4 !1 1 N 1 1 1 � 1 A 1 1 1 o� 1 1 I 1 I I EXHIBIT "A" Sheet 6 of 7 EXHIBIT "A" Sheet 7 of 7 CMAQ ORD "EXHIBIT B" ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE FOUR AGREEMENTS BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE STUDY AND IMPROVEMENT OF FOUR INTERSECTIONS WITHIN THE CITY LIMITS OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I, That the City Manager is hereby authorized to execute four Congestion Mitigation and Air Quality Improvements Agreements between the City of Denton and the Texas Department of Transportation for the f mushmg and installing of traffic signals, and the City is authorized to participate in the development and construction of the project as set forth in the Agreements, copies of which is attached hereto and incorporated by reference herein SECTION H That the City Council hereby authorizes the expenditures of funds as provided in the Agreements SECTION III, That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the L�y of 1997 JA C LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY M4 Wr .� APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CI'r7RNEY E.XH161T "C." VARIOUS District No VARIOUS TEXAS TRANSPORTATION COMMISSION County MINUTE ORDER Page i of 5 _Pages WHEREAS, the Project Development Plan (POP) of the Texas Department of Transportation is a ten year plan which authorizes project planning and development, and is submitted to the Texas Transportation Commiss,on for approval on an annual basis, and WHEREAS, the 1993 Transitional PDP was structured and developed with categories to utilize the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and WHEREAS, development and construction of many projects in the POP are subject to the approval/concurrence of the Metropolitan Planning Organizations (MPOs); and WHEREAS, the MPOs have recently made significant modifications to the list of projects which they propose to include in their Transportation Improvement Programs (TIPS), and WHEREAS, the letting to contract of projects contained in the POP is further subject to the availability of projected funds; and WHEREAS, the structure of the various categories of work, including the description, the restrictions, the method of allocation and policy of the 1993 Transitional POP was outlined in Minute Order 101106 dated June 24, 1992 and amended in Minute Order 101590 dated October 28, 1992; and WHEREAS, Minute Order 101588 dated October 28, 1992 approved the structure of the allocation program portion of the 1993 Transitional POP, and authorized projects in various allocation programs, and WHEREAS, an update of these previously authorized projects and policies is required to more accurately depict and properly guide planning and development, and WHEREAS, it is appropriate to address the status of the 1993 Transitional POP and the approval of the 1994 POP separately with respect to mobility and allocation categories, and TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page 2 of 5 Pages District No VARIOUS WHEREAS, for mobility categories, Minute Order 101106 and subsequent Minute Orders 101586 and 101587 dated October 28, 1992 approved specific projects for various levels of authorization in the 1993 Transitional POP in Category i - Interstate Construction, Category 3A - National Highway System (NHS) Mobility, Category 3B - NHS Texas Trunk System, Category 3D - NHS Traffic Management, Category 3E - NHS Miscellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobility; and WHEREAS, for mobility categories, Minute Order 101588 and subsequent Minute Order 101765 dated December 22, 1992 approved specific projects for various levels of authorization in the 1993 Transitional POP in Category 4C - Surface Transportation Program (STP) Metropolitan Mobility/Rehabilitation, Category 4O - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobility/Rehabilitation, Category 5 - Congestion Mitigation and Air Quality Improvement; and WHEREAS, for allocation categories, Minute Order 101588 and subsequent Minute Order 101765 approved specific projects in the 1993 Transitional POP in Category 4A - 1993 Highway Safety Improvement Program, 1993 Federal Railroad Signal Program, and 1993 Railroad School Bus Signal Program, Category 6 - 1993-1995 On State System Bridge Program, and 1993-1995 Off State System Bridge Program, Category 8 - 1992-1994 Farm to Market Road Program, and Category 16 - 1993 Railroad Grade Cross Replanking Program; and WHEREAS, several of the allocation programs approved in the 1993 Transitional POP currently have unobligated balances for which projects have now been identified as additions to the previously approved programs, and WHEREAS, Minute Order 101765 authorized district allocations for the allocation program portion of the 1994 POP, and directed that when the projects have been selected for allocation programs (other than "bank balance" programs), the programs be returned to the attention of the Commission for approval of specific pro3ects, and TEXAS TRANSPORTATION COMMISSION VARIOUS _ County MINUTE ORDER Page 3 of 5 Pages District No VARIOUS WHEREAS, projects have now been identified for the allocation programs of the 1994 POP, NOW, THEREFORE, IT IS ORDERED that the structure of the various categories of work, including the description, the restrictions, the method of allocation and policy outlined in Minute Orders 101106 and 101590 is hereby cancelled, and IT IS FURTHER ORDERED for mobility categories that the authorization for the Category 3A - NHS Mobility, Category 38 - NHS Texas Trunk Sytem, Category 30 - NHS Traffic Management, Category 3E - NHS Miscellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobility projects listed in Minute Orders 101106, 101586 and 101587 are hereby cancelled; and IT IS FURTHER ORDERED for mobility categories that the authorization for Category 4C - STP Metropolitan Mobility/Rehabilitation, Category 4D - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobility/Rehabilitation and Category 5 - Congestion Mitigation and Air Quality Improvement projects listed in Minute Orders 101588 and 101765 are hereby cancelled; and IT IS FURTHER ORDERED for allocation categories that the projects approved as a part of past allocation programs that have not been selected for other categories of the 1994 POP shall retain their authority in those programs, and VARIOUS County District No VARIOUS TEXAS TRANSPORTATION COMMISSION MINUTE ORDER Page _ 4 of 5 Pages IT IS FURTHER ORDERED that the 1994 PROJECT DEVELOPMENT PLAN as shown in the following exhibits is hereby approved Exhibit A - Structure of the various categories of work, including descriptions, restrictions, methods of allocation and policy Exhibit B - Interstate Construction (Category 1) Exhibit C - National Highway System (Category 3) NHS Mobility, NHS Texas Trunk System, NHS Traffic Management Systems, and NHS Miscellaneous Exhibit D - Surface Transportation Program (Category 4) 1994 Highway Safety Improvement Program, 1994 Federal Railroad Signal Program, 1994 Railroad School Bus Signal Program, 1993-2002 Metropolitan Mobility/Rehabilitation Program, 1993- 2002 Urban Mobility/Rehabilitation Program, 1993-2002 Rural Mobility/Rehabilitation, and 1994 Railroad Grade Separations Program Exhibit E - Congestion Mitigation and Air Quality (Category 5) Exhibit F - Bridge Replacement/Rehabilitation (Category 6). 1993-1995 On State System Bridge Program (Additions), 1996 On State System Bridge Program, 1993-1995 Off State System Bridge Program (Additions), and 1996 Off State System Bridge Program VARIOUS District No VARIOUS Submitted by TEXAS TRANSPORTATION COMMISSION County MINUTE ORDER Page _ 5 of _ 5 Pages Exhibit G - Farm to Market Road Program (Category 8) 1992-1994 Farm to Market Road Program (Additions) and 1995 Farm to Market Road Program Exhibit H - Commission Strategic Priority (Category 12) Exhibit I - State Funded Mobility (Category 13) Exhibit J - Miscellaneous Programs (Category 16) 1994 Railroad Grade Crossing Replanking Program IT IS FURTHER ORDERED that the Executive Director is hereby authorized to proceed in the most feasible and economical manner with project development for the projects included in Exhibits B through J to include any necessary agreements, right of way acquisition, utility adjustments, and relocation assistance, subject to the policies of the Texas Department of Transportation and all applicable Federal and State laws governing the acquisition policies for acquiring real property IT IS FURTHER ORDERED that the specific allocation programs authorized by Minute Order 101765 for the 1993 Transitional Project Development Plan shall remain active and in effect IT IS FURTHER ORDERED that the sections of highway shown in Exhibit K are hereby designated as a part of the State Highway System subject to the conditions indicated IT IS FURTHER ORDERED that this Minute Order be effective as of September 1, 1993 Director of Highway Design Fxamined and recommended by Approved Associate Executive Director [xecutive Director Minute Number 102542 Date Passed JUI 29 93 ___ e, h, 4, 4 E tz CX A"1 '-f C- TRANSPORTATION IMPROVEMENT PROGRAM DALLAS DALLAS FORT WORTH MPO FY 1997 September 14 1995 STRICT ___ ____ NAME OR DESIGNATION PRO' ID FED FROG _-____ ____________ FEDERAL COMMENTS Ty LOCATION(FROM) F CLASS ST CAT STATE LOCATION (TO) LANES PHASE LOCAL DESCRIPTION OF WORK LENGTH _ MPO TOTAL _ _ _ _ _ _ _ _ _ 4LLAS MH 3098 CMAQ b 83 200 g5 / 04 1LLAS IN DESOTO 7 5 0 0 C E 20800 1 SOTO COV 9918-_45-901 SIGNAL IMPROVEMENTS 0001 __________ 1106 b 104000-----_------ _______ __ ALLAS____ _ IH _________ 1497 CMAO b 123999 96/04 ALLAS ON 8TMTH STREET FROM HUNTER FERRELL 4 5 0 IH 20 IN GRAND PRAIRIE 0 C E 157 818 GRAND PRAIRIE 9918-05-906 SEVERAL INTERSECTIONS _ 0001____- 1106 b--281,818 __-----_____ -------- )ALLAS ------------------------- MH 973 CMAQ b 32000 96/09 )ALLAS IN DALLAS ON MOTOR STREET 4 5 8 000 AT HARRY HINES BOULEVARD 0 C 10000 DALLAS 991545-913 INTERSECTION IMPROVEMENTS 0001 1106 _-- E _ 50000-__-______-_ DA-LA----- -ill-MT-------------------- --------- 4338 CMAQ b 612 000 97102 DALLAS IH 35E 2 5 153 000 DALLASrrARRANT COUNTY LINE 0 C E 0 0094-03-072 INSTALLATION OF CHANGEABLE MESSAGE SIGN 9061 _-__ 1106 $ _ 765000 _______----- -------- DALLAS ----------------------- SH 163 -ojiS 4076 CMAQ b 200 000 97 / 09 DALLAS AT MOCKINGBIRD LANE 2 5 0 0 C 50 000 0094-07-026 INTERSECTION IMPROVEMENTS 0001 1106 _MO b 250000 _-1_-____ ____ _AL_AS ___ H_____________________ _________ 4075 324 q5/ 0 DALLAS AT REGAL ROW IN THE CITY OF DALLAS 2 5 81 120 0 C E 101 400 DALLAS 0094-079W INTERSECTION IMPROVEMENTS 0001 110E b_507000 _-_-_-_---__ ____ DAI LAS SH 289 0794 CMAQ b 92 800 961 OB I S ON ARAPAHO RD AT PRESTON RD 0 5 23,200 0 C 29 000 DALLAS 0091-06-036 NORTHBOUND AND SOUTHBOUND DUAL LEFT 0001_---- -11-06- - -S - 145000 _____------- D-A----- --H-89-------------------- _ 4077 CMAQ b 160000 97/03 DALLAS PRESTON ROAD AT IH 635 3 5 40000 0 C E 50000 DALLAS 0091-06-905 INTERSECTION IMPROVEMENT 0001 --- 110E ---- -- b--250000---_--__-__ ------- DALLAS ----------------------- SH 366 ----- 2216 CMAQ $ 512,000 98 / 09 DALLAS IN DALLAS ON IRVING BLVD 3 5 128000 AT MOCKINGBIRD LN 0 C R 160000 DALLAS 0092-07-044 INTERSECTION IMPROVEMENTS 0001 110E b--800000----_-__ ___ ____ DALLAS---- _ __________________ -SHS --- _____________ ii CMAO b 160000 96/OS COLLIN AT BETHANY IN ALLEN 4 5 40000 0 C 0 ALLEN 0047-09-902 INTERSECTION IMPROVEMENTS 0 001 -- ----CMA--- 1106 b 200 000 _ - _ _ _ _ _ _ _ _ _ ----- -------- DALLAS ______________________ SH 66 -- 3105 CMAO b 66560 � / � DALLAS 5 INTERSECTIONS IN THE CITY OF ROWLETT 0 5 16 640 0 C 20 BOO ROWLETT 0009-03-901 TRAFFIC SIGNAL UPGRADE 0 001 1106 $ _104 000 _ - _ _ ______ __ _ DALLAS ______________________ SP 366 0853 CMAO b 64000 961O8 DALLAS ON FIELD ST AT WOODALL ROGERS FRWY 3 5 16000 0 C E 20000 DALLAS OIW07-015 NORTHBOUND AND SOUTHBOUND LEFT TURN 0 001 110E b 100000 - - _ _ _ _ ____ DALLAS _ ___________ — __ ___ _ US 3B0 408E_ CMAO S 100 30D 96 / 02 DENTON AT MALONE STREET BONNE BRAE STREET AN 3 5 25500 CARROL BOULEVARD IN THE CITY OF DENTON 0 C E 44 200 DENTON nr z4-00-901 INTERSECTION IMPROVEMENTS 0 001 1106 - -CMAQ _ S 170000_ _ _ _ _ _ - - --- — [ S ----------------- ------- US 67 -211 - 121 1 CMAO 4488 b 4 488 000 98 / 09 Dti-,AS IH 35E 2 5 1 156000 IH 20 ri `r 0 C 11,15160Q0 DALLAS 0261-03-036 , HIGH OCCUPgNCV 1%EACLE LANES 4 800 1106 S , ' fi 8`1�000 - - - - - - - - "EXHIBIT B" ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE FOUR AGREEMENTS BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE STUDY AND IMPROVEMENT OF FOUR INTERSECTIONS WITHIN THE CITY LIMITS OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute four Congestion Mitigation and Air Quality Improvements Agreements between the City of Denton and the Texas Department of Transportation for the furnishing and mstalling of traffic signals, and the City is authorized to participate in the development and construction of the project as set forth in the Agreements, copies of which is attached hereto and incorporated by reference herem SECTION II That the City Council hereby authorizes the expenditures of funds as provided in the Agreements SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ��day of 1997 JA C LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY W APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CIT7A7RNEY EXNIQIT "c" TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTC ORDER Page I of S Pages District No VARIOUS WHEREAS, the Project Development Plan (POP) of the Texas Department of Transportation is a ten year plan which authorizes project planning and development, and is submitted to the Texas Transportation Commission for approval on an annual basis, and WHEREAS, the 1993 Transitional POP was structured and developed with categories to utilize the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA); and WHEREAS, development and construction of many projects in the POP are subject to the approval/concurrence of the Metropolitan Planning Organizations (MPOs); and WHEREAS, the MPOs have recently made significant modifications to the list of projects which they propose to include in their Transportation Improvement Programs (TIPS); and WHEREAS, the letting to contract of projects contained in the POP is further subject to the availability of projected funds; and WHEREAS, the structure of the various categories of work, including the description, the restrictions, the method of allocation and policy of the 1993 Transitional POP was outlined in Minute Order 101106 dated June 24, 1992 and amended in Minute Order 101590 dated October 28, 1992; and WHEREAS, Minute Order 101588 dated October 28, 1992 approved the structure of the allocation program portion of the 1993 Transitional POP, and authorized projects in various allocation programs; and WHEREAS, an update of these previously authorized projects and policies is required to more accurately depict and properly guide planning and development; and WHEREAS, it is appropriate to address the status of the 1993 Transitional POP and the approval of the 1994 POP separately with respect to mobility and allocation categories, and TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page 2 of 5 Pages District No VARIOUS WHEREAS, for mobility categories, Minute Order 101106 and subsequent Minute Orders 101586 and 101587 dated October 28, 1992 approved specific projects for various levels of authorization in the 1993 Transitional POP in Category 1 - Interstate Construction, Category 3A - National Highway System (NHS) Mobility, Category 3B - NHS Texas Trunk System, Category 30 - NHS Traffic Management, Category 3E - NHS Miscellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobility; and WHEREAS, for mobility categories, Minute Order 101588-and subsequent Minute Order 101765 dated December 22, 1992 approved specific projects for various levels of authorization in the 1993 Transitional POP in Category 4C - Surface Transportation Program (STP) Metropolitan Mobility/Rehabilitation, Category 4D - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobility/Rehabilitation, Category 5 - Congestion Mitigation and Air Quality Improvement; and WHEREAS, for allocation categories, Minute Order 101588 and subsequent Minute Order 101765 approved specific projects in the 1993 Transitional POP in Category 4A - 1993 Highway Safety Improvement Program, 1993 Federal Railroad Signal Program, and 1993 Railroad School Bus Signal Program, Category 6 - 1993-1995 On State System Bridge Program, and 1993-1995 Off State System Bridge Program, Category 8 - 1992-1994 Farm to Market Road Program, and Category 16 - 1993 Railroad Grade Cross Replanking Program; and WHEREAS, several of the allocation programs approved in the 1993 Transitional POP currently have unobligated balances for which projects have now been identified as additions to the previously approved programs, and WHEREAS, Minute Order 101765 authorized district allocations for the allocation program portion of the 1994 POP, and directed that when the projects have been selected for allocation programs (other than "bank balance" programs), the programs be returned to the attention of the Commission for approval of specific projects, and VARIOUS _ County District No VARIOUS TEXAS TRANSPORTATION COMMISSION MINUTE ORDER Page 3 of _ 5 Pages WHEREAS, projects have now been identified for the allocation programs of the 1994 POP, NOW, THEREFORE, IT IS ORDERED that the structure of the various categories of work, including the description, the restrictions, the method of allocation and policy outlined in Minute Orders 101106 and 101590 is hereby cancelled, and IT IS FURTHER ORDERED for mobility categories that the authorization for the Category 3A - NHS Mobility, Category 3B - NHS Texas Trunk Sytem, Category 30 - NHS Traffic Management, Category 3E - NHS Miscellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobility projects listed in Minute Orders 101106, 101586 and 101587 are hereby cancelled, and IT IS FURTHER ORDERED for mobility categories that the authorization for Category 4C - STP Metropolitan Mobility/Rehabilitation, Category 4D - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobility/Rehabilitation and Category 5 - Congestion Mitigation and Air Quality Improvement projects listed in Minute Orders 101588 and 101765 are hereby cancelled; and IT IS FURTHER ORDERED for allocation categories that the projects approved as a part of past allocation programs that have not been selected for other categories of the 1994 POP shall retain their authority in those programs, and VARIOUS County District No VARIOUS TEXAS TRANSPORTATION COMMISSION MINUTE ORDER Page 4 of 5 Pages IT IS FURTHER ORDERED that the 1994 PROJECT DEVELOPMENT PLAN as Shown in the following exhibits is hereby approved Exhibit A - Structure of the various categories of work, including descriptions, restrictions, methods of allocation and policy Exhibit B - Interstate Construction (Category 1) Exhibit C - National Highway System (Category 3) NHS Mobility, NHS Texas Trunk System, NHS Traffic Management Systems, and NHS Miscellaneous Exhibit D - Surface Transportation Program (Category 4) 1994 Highway Safety Improvement Program, 1994 Federal Railroad Signal Program, 1994 Railroad School Bus Signal Program, 1993-2002 Metropolitan Mobility/Rehabilitation Program, 1993- 2002 Urban Mobility/Rehabilitation Program, 1993-2002 Rural Mobility/Rehabilitation, and 1994 Railroad Grade Separations Program Exhibit E - Congestion Mitigation and Air Quality (Category 5) Exhibit F - Bridge Replacement/Rehabilitation (Category 6)- 1993-1995 On State System Bridge Program (Additions), 1996 On State System Bridge Program, 1993-1995 Off State System Bridge Program (Additions), and 1996 Off State System Bridge Program VARIOUS County District No VAR TEXAS TRANSPORTATION COMMISSION MINUTE ORDER Page 5 of 5--Pages Exhibit G - Farm to Market Road Program (Category 8) 1992-1994 Farm to Market Road Program (Additions) and 1995 Farm to Market Road Program Exhibit H - Commission Strategic Priority (Category 12) Exhibit I - State Funded Mobility (Category 13) Exhibit J - Miscellaneous Programs (Category 16) 1994 Railroad Grade Crossing Replanking Program IT IS FURTHER ORDERED that the Executive Director is hereby authorized to proceed in the most feasible and economical manner with project development for the projects included in Exhibits 8 through J to include any necessary agreements, right of way acquisition, utility adjustments, and relocation assistance, subject to the policies of the Texas Department of Transportation and all applicable Federal and State laws governing the acquisition policies for acquiring real property IT IS FURTHER OROEREO that the specific allocation programs authorized by Minute Order 101765 for the 1993 transitional Project Development Plan shall remain active and in effect IT IS FURTHER ORDERED that the sections of highway shown in Exhibit K are hereby designated as a part of the State Highway System subject to the conditions indicated IT IS FURTHER ORDERED that this Minute Order be effective as of September 1, 1993 Submitted by Examined and recommended by Director of Highway Design Approved Associate Cxecut ve Director Executive nirector Minute Number 102W Date Passed JUL 29 93 Ewhdlo,-f E fb E :b,—f C TRANSPORTATION IMPROVEMENT PROGRAM DALLAS DALLAS FORT WORTH MPO FY 19% )ISTRICT ___________ NAME OR DESIGNATION __ __ _ PROJ ID ______ FED PROG ITV LOCATION (FROM) F CLASS ST CAT L OCAT10N(TO) LANES PHASE DESCRIPTION OF WORK LENGTH____ MPO 1ALLA5 FM 2 - - 138 0393 CMAQ ,ALLAS INTERSECTIONS OF BELT LINE ROAD AND 3 5 CLARK ROAD IN CEDAR HILL 0 C 1 1047-03-900 LEFT TURN CHANNELIZATION 0 001 1106 DALLAS FM 423 0429 CMAQ DENTON FM 423 AT NORTH COLONY BOULEVARD 0 5 0 C 1567-02-017 EASTBOUND RIGHT AND LEFT TURN LANES 0001 ------ 1106 DALAS--- -M------ ------------ -1-26-4 CMAQ DENTON IN DENTON ON BELL ST 4 5 AT MCKINNEY ST 0 C 0081-11-018 INTERSECTION IMPROVEMENTS 0001 1106 -------- DALLAS ------------------- FM 426 ----------CMAO 4086 CMAO DENTON AT MAYHILL IN THE CITY OF DENTON 3 5 0 CE 0081-11-019 TRAFFIC SIGNAL IMPROVEMENTS 0001 1106 ___-_ DALLAS _______ IH 35 4091 CMAQ DENTON IH 35 AT US 380 1 5 0 CE 0195-02901 INTERSECTION IMPROVEMENT 0001-- 1106 ------ ------- DALLAS --------- ---------------- IH 35E - 4087 CMAQ DENTON AT MCCORMICK IN THE CITY OF DENTON 1 5 0 CE 0195-03-052 TRAFFIC SIGNAL IMPROVEMENTS 0001 1106 DA' I AS IH 35E 1248 CMAQ L S AT VALWOOD PKWY AND VALLEY VIEW LANE 0 5 0 C 0196-03-164 2 INTERSECTIONS IMPROVEMENTS 0001 _____ 1106 DALLAS _______ IH 35E __ 2223 CMAQ DALLAS ON TRINITY MILLS 1 5 AT IH 3SE 0 E 0196-03-909 INTERSECTION IMPROVEMENTS 0001 1106 OALLAS _________________________ IH 35E 4338 CMAQ DALLAS US 67 1 5 INDUSTRIAL BLVD 0 C E 0442-02 114 INSTALLATION OF HIGHWAY ADVISORY RADIO 0 001 1106 ------ ---------------------------------- DALLAS IH 35E --------- 4282 CMAQ DALLAS INTERSECTION OF IH 35E WITH PLEASANT RUN 0 5 IN DESOTO 0 C 0442-02 905 TRAFFIC SIGNAL CONTROLLER UPGRADE 0001 1106 _____ OALLAS _______________________ IH 635 4338 CMAQ DALLAS VARIOUS LOCATIONS ON IH 635 AND IH 35E 1 5 0 CE 2374-01 100 INSTALLATION OF HIGHWAY ADVISORY RADIO 0 001 1106 ______ _______ DALLAS _________________________ IH 635 _________ 4294 CMAQ DALLAS INTERCHANGE WITH US 75 1 5 0 C 2374-01 101 INCIDENT DETECTION AND RESPONSE SYSTEM 0001 1106 UALLAS IH 635 4113 CMAQ DALLAS AT WEBB CHAPEL ROAD AND MEDICAL 0 5 IN THE CITY OF FARMERS BRANCH 8 E "74-01 906 INTERSECTION IMPROVEMENTS 0001 1106 ( S IH 635 848 CMAQ DA,.AS ON DENTON DRIVE 5 5 AT IH 635 0 E 2374-M 908 NORTHBOUND AND SOUTHBOUND LEFT TURN 0001 1106 September 14 1995 FEDERAL ____________ COMMENTS STATE LOCAL TOTAL b 16 000 96 / 09 4 000 5 000 CEDAR HILL b 25 000 _____ b 48640 99109 11 520 67 B40 THE COLONY b 128 000 --- -- --- - --- ---- b 8 936 --- 95 / 09 2 234 0 DENTON b 11 171 ------------ ------- b 32 680 96 / 06 8 360 34 960 DENTON b 76 000 S 64 000 99 106 16 000 20000 DENTON b 100000 _-- b 64 800 96104 0 55 200 DENTON b 120 000 - - - _ b 320 000 - - 96103 80 000 0 b 400 000 _______ b 19 200 ____________ 96/09 4 600 6000 CARROLLTON b 30 000 b 80 000 96 / 07 20 000 0 b 100 000 ------------ ------- b 9 600 97 / 0B 2 400 0 DE SOTO b 12 000 b 160 000 96 / 07 40 000 0 b 200 000 b 960 000 96 / 05 240 000 0 DALLAS b 1 200 000 __ _______ b 20 075 _-----___ 96/05 4 924 12878 FARMERSBRANCH b 37 879 ____-__ __-_____ b 9 600 96/06 2 400 3000 DALLAS b 15 000 Denton County O 1,2.E 11' CSJ 2250 02 LOOP 288 At KINGS ROW STATE OF TEXAS COUNTY OF TRAVIS A G R E E M E N T (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM) 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 City Council, hereinafter called the "City" W I T N E S S E T H WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 ("ISTEA") codified under Title 23 U S C Section 101 et seq , establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner, and WHEREAS, Title 23 U S C Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies, and WHEREAS, Title 23 U S C Section 134 establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies develop transportation plans and programs for urbanized areas of the State, and WHEREAS, the State and the City desire intersection improvements to Loop 288 at Kings Row, as shown in "Exhibit A", to be hereinafter identified as the "Project", and WHEREAS, Title 23 U S C Section 120 establishes that the Federal share of funding for CMAQ programs will not exceed eighty percent (80%) of the Project cost, and WHEREAS, the City has offered to participate in the development and Page 1 of 8 10/14/96 construction of the Project by providing funding and other necessary items as required by the State, and WHEREAS, on the 6th day of MaV 1997, the Denton City Council passed Resolution No 97-135 , attached hereto and identified as "Exhibit B", authorizing the City's participation in the development of the Project, and WHEREAS, the State will secure the Federal cost share, prepare the preliminary engineering and design plans, let the construction contract, provide the construction inspection, and provide other items as required, and WHEREAS, on the 29 day of July 1993, the Texas Transportation Commission passed Minute Order 102542 , attached hereto and identified as "Exhibit C", authorizing the Project through the State Transportation Improvement Program, A G R E E M E N T 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 follower 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 A The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission B The Project will be designated as a METROPOLITAN HIGHWAY for the limited purpose of constructing the roadway facility, however, any existing city street within the limits of the Project will not be designated or incorporated therein prior to the State's award of the construction contract C The City will continue to provide maintenance for all city roads within the limits of the Project until the State's award of the construction i contract Page 2 of 8 10/14/96 3 UTILITY ADJUSTMENTS/RELOCATIONS In the event the proposed highway construction requires the adjustment, removal or relocation of utility facilities, the State 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 State 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 State will be responsible for accomplishing the additional utility work, unless this work is provided by the owners of the utility facilities 4 ENVIRONMENTAL MITIGATION A The State will be responsible for the 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 State 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 Page 3 of 8 10/14/96 2 polychlorinated biphenols as regulated by 40 CFR 161 3 petroleum (i e 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 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 State will not let the construction contract until all known environmental problems have been remediated 5 ENGINEERING RESPONSIBILITIES A The State will prepare 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 an FHWA approved schematic, an environmental assessment and conducting of public hearings, as required B The P S & E shall be developed by the State or its consultant in accordance with the latest edition and revisions of the State's Operations and Procedures Manual, the State's Standard Specifications for Construction of Highways Streets and Bridges, and The Texas Manual on Uniform Traffic Control Divices (TMUTCD) For all items not discussed in the above documents, the American Association of State Highway and Transportation Officials' A Policy On Geometric Design of Highways and Streets shall be referenced for guidance 6 CONSTRUCTION RESPONSIBILITIES A The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures 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 State B The State 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 Page 4 of 8 10/14/96 Project is accomplished in accordance with the approved P S & E The City will be allowed to review the construction work provided the review does not interfere with the work being performed by the State's contractor C Upon completion of the Project, the State will issue to the City a "Notification of Completion", acknowledging that the Project has been completed a 7 FUNDING RESPONSIBILITIES 15 A The item subject to Federal reimbursement, for this Project, construction The 1`107°��40 estimated coat of item is Construction items shall tom- /� rr% include construction engineering and testing services 1,0-`,� If7 r2-1-�7 B The State will be responsible for securing the Federal share of funding required for the construction of the Project The City will Lp�G _ ?I be responsible for any non-federal participation costs associated with the Project C Upon execution of this agreement, the City will submit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $ 6,103 This amount is based on twenty one percent (21%) of the estimated engineering costs These funds will be utilized by the State to prepare the engineering documentation and cover other incidental costs D Sixty (60) days prior to the date set by the State for receept of the construction bids, the State will notify the City to make available funding required for the construction of the Project The City shall remit a check or warrant payable to the "Texas Department of Transportation" in the amount specified by the State equal to twenty one percent (2196) of the total estimated construction coat Payment must be made within thirty (30) days of receipt of the State's written notification The City contribution is estimated to be $ 35,897 The City shall fund all non federal and non state participation costs of any and all change orders or cost overruns Payment for these change orders or cost overruns must also be made within thirty (30) days of receipt of the State's written notification Page 5 of 8 10/14/96 E The State will perform an audit of all costs associated with the Project upon completion In the event additional funding is required by the City at anytime during the development of the Project, the City will provide the funds within thirty (30) days 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 Sect o 106 001 at seq Government Code, Vernon's Code Annotated, requi the State to r er indirect costs based on a rc g o e State's actual direct costs to con to the Project ect costs will be in accordance with the State's Indirec t ery Plan and are estimated to be $ 17,040 The City shall responsibl r twenty one percent (21%) of the State's indir cost The Clty's indirect costs estimated to be $ 3 78 ayment must be made within ythirty (30) days from rrece of the ate's written notification a G/� /dam {�✓ 7 % �- 12 - 1-97 9 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 10 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 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 The Page 6 of 8 10/14/96 City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties 11 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 12 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 13 LEGAL CONSTRUCTION In case one or more of the provisions contained in thi9 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 14 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 Attention Director of Transportation Planning and Development 9700 East R L Thornton Dallas, TX 75228 City The City of Denton, Texas 215 East McKinney Street Denton, Texas 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 Page 7 of 8 10/14/96 15 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 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed n duplicate counterparts THE �CjITY OF DENTON, TEXAS By `/cam! Ted Benavides ATTEST Typed Name City Manager ity Secretary THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation t{�nL� Commission under the authority of Minute Order No 100002 and dffia::niatFtee "', for the purpose and effect of activating and carrying out the Wore) -- orders, established policies or work programs heretofore approved by the Texas A� Transportation Commission t)J By Date Page 8 of 8 10/14/96 a o R w •� F N Z 0191 F O Y y �— Z u W N m Z 0 cu >- (L 0 t o (j J N C N E a� 0 cn ca. , �- E C a) — v / E a� a� N > 0 0 i 3 a 0 a z E N a_ -o ? � Y 0 O , a O CL N E 0 E / , c cn a� 0 E a 0 o 0 L IL / E 0 cn O a 0 CL EXHIBIT A