HomeMy WebLinkAbout1997-136ORDINANCENO 91--I3
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE-
MENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVE-
MENTS TO CARROLL BOULEVARD FROM F M 428 TO U S 377 UNDER THE URBAN
STREET PROGRAM, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE,
AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION I That the City Manager is hereby authorized to execute an Agreement with
the Texas Department of Transportation for improvements to Carroll Boulevard from F M 428
to U S 377 under the Urban Street Program, which is attached hereto and incorporated by refer-
ence herein
SECTION II That the expenditure of funds as provided in the attached Agreement is
hereby authorized
SECTION III That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the SL/_' _— day of 1997
S��Lca� -
JACZA41LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
r 1y 13dtlmA
APPR ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY U 1Gi. r rj
e \wpdocs\ord\carroll blvd imp
Denton County
CSJ 0918 46 081
STATE OF TEXAS
COUNTY OF TRAVIS
A G R E B M E N T
(URBAN STREET 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"
N I T N E S S E T H
WHEREAS, the Project Development Plan (PDP) is a ten-year plan, which
authorizes project planning and development, and
WHEREAS, on the 25th day of January , 191E, the Texas Transportation
Commission passed Minute Order 106713 , attached hereto and identified as
"Exhibit A", approving the 1997 Urban Street Program, which addresses
reconstruction and restoration needs on city streets (collector or higher)
within urbanized areas with populations of 50,000 or more, and
WHEREAS, the State and the City desire improvements on Carroll Boulevard
from F M 428 to U S 377, as shown in "Exhibit B", to be hereinafter identified
as the "Project", and
WHEREAS, the Metropolitan Planning Organization(MPO) has selected this
Project with the concurrence of the State, and
WHEREAS, Exhibit J of Minute Order 106713 establishes that the State
share of funding for each Urban Street Program project will not exceed eighty
percent (80%) of the costs of its grading, base, pavement, cross drainage,
pavement markings, guard fence and other safety features, and
WHEREAS, Exhibit J of Minute Order 106713 establishes, the City will
provide 20% of the costs of the heretofore mentioned items, and will pay one
hundred percent (100%) of any storm sewer, curb and gutter, sidewalks,
driveways, right -of way, utility adjustments and environmental mitigation
(i e , sound walls, etc ), and
3/21/97 Page 1 of 10
WHEREAS, the City has offered to participate in the development and
construction of the Project by providing funding, preparing or causing to have
prepared the design plans, letting the construction contract, providing
construction inspection, acquiring the necessary right -of way, providing
relocation assistance, preparing right of way description and value
determination, accomplishing the adjustment of utilities, condemning property,
providing certifications, providing environmental mitigation and providing
other necessary items as required by the State, and
WHEREAS, on the 6th day of May , 19 97 , the Denton City Council
passed Ordinance No 97-136 , attached hereto and identified as "Exhibit C",
authorizing the City's participation in the development of the Project, and
WHEREAS, the State will review the engineering and right of -way related
items, and other items as required, and maintain construction oversight,
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 SCOPR 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 City's award of the
construction contract
C The City will continue to provide maintenance for all city roads
within the limits of the Project
3/21/97 Page 2 of 10
3 AQQUISITIQN OF RIGHT OF SAY AND RELOCATION ASSISTANCE
In the event right-of-way needs arise, the City shall perform all
necessary requirements to acquire the desired right -of way required for
the construction of the Project The City will comply with all
requirements of Title II and Title III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, Title 42
U S C A Section 4601, et seq , including those provisions relating to
incidental expenses incurred by the property owners, and benefits
applicable to the relocation of any displaced person as defined in 49
CFR, 24 2(g) Documentation to support such compliance must be
maintained and must be made available to the State and its
representatives for review and inspection The City shall secure
easements over any land in addition to normal right of -way as may be
indicated on the approved right-of-way map The City will be
responsible for any additional right of way required for the completion
of the Project
4 RIGHT OF -WAY DESCRIPTION
In the event right-of-way needs arise, the City will prepare right of -
way maps, property descriptions and other data as needed to properly
describe the right-of-way which the City is to acquire and provide for
the Project The right-of-way maps and property descriptions shall be
submitted to the State for approval prior to the City acquiring the
necessary right-of-way Tracings of the right -of way maps shall be
retained by the City for its permanent records
5 UTILITY ADJUSTMENTS/RELOCATTONG
If the required right-of-way encroaches upon existing utilities and the
proposed highway construction requires the adjustment, removal or
relocation of such utility facilities, the City will establish the
necessary utility work in accordance with 43 TAC, Sec 21 31 21 53, if
applicable, and notify the affected utility companies of the required
work Unless otherwise provided by the owners of the utility
facilities, the City shall be responsible for the adjustment, removal or
relocation of such utility facilities in accordance with applicable
3/21/97 Page 3 of 10
0
7
State law, regulations, policies and procedures In the event
additional utilities are required to be adjusted, removed or relocated
during the construction of the Project, the City will be responsible for
accomplishing the additional utility work, unless this work is provided
by the owners of the utility facilities
CERTIFICATION
The City shall provide to the State forty five (45) days prior to the
construction contract let date, certification that all right-of-way has
been acquired, all environmental problems have been remediated, and all
conflicting utilities have been adjusted to clear the proposed
construction
ENVIRONMENTAL MITIGATION
A The City will be responsible for the assessment, mitigation and
remediation of any environmental problems associated with the
development and construction of the Project These may involve, but not
be limited to studies related to the following
1 public involvement
2 Environmental Impact Studies
3 Environmental Assessments
4 applicable environmental documents discussing social, economic and
environmental impacts of the proposed project
5 noise analysis
6 air quality analysis
7 4(f) lands such as public parks, recreational areas,
wildlife/waterfowl refuges
8 historical and archeological sites as regulated by the State
Historical Preservation Office and Texas Antiquities Commission
9 wetlands, Jurisdictional Waters, and vegetation as regulated by
Texas Parks and Wildlife (TPW)
10 prime and unique farmlands as regulated by Soil Conservation
Service
11 threatened or endangered species as regulated by TPW and U S Fish
and Wildlife
12 erosion control and applicable National Pollution Discharge
Elimination System (NPDES)
13 applicable permits from U S Corps of Engineers
B In addition, the City will be responsible for the assessment,
remediation and/or disposal of regulated materials encountered prior to
and during construction, which may include but not be limited to the
following
1 asbestos containing materials as regulated in 40 Code of Federal
Regulations (CFR) 763
2 polychlorinated biphenols as regulated by 40 CFR 761
3 petroleum (i e , gasoline and diesel) contaminated soils as
3/21/97 Page 4 of 10
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 City shall not let the construction contract until all known
environmental problems have been remediated
8 ENGINEERING ESPONSIBILITIae
A The City will prepare or cause to have prepared the Project's
preliminary engineering necessary for the development of the plans,
specifications and estimate (P S & E ) Development of the preliminary
engineering shall include an FHWA approved schematic, an environmental
assessment and assistance to the State in conducting public hearings, as
required
B The P S & E shall be developed by the City or its consultant in
accordance with the latest edition and revisions of the American
Association of State Highway and Transportation officials' (AASHTO)
Standards established in AASHTO's A Policy on Geometric Deaian of
Hichwava and Streeta, the State's Standard Specifications for
Construction of Hichways Streets and Bridcea, and The Texas Manual on
Jln3form Trgff,c Control Devices (TMUTCD) Pavement restoration projects
will be developed to existing or higher pavement standards, based on
current traffic The City shall not let the construction contract
until the P S & E has been approved by the State
9 CONSTRUCTIOLI RESPONSIBILITIES
A The City 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
This Project may not be advertised for letting until the P S & E has
been approved and a letter of Authority issued by the State The
preparation of any field changes, supplemental agreements or additional
work orders which may become necessary subsequent to the award of the
construction contract shall be the responsibility of the City
3/21/97 Page 5 of 10
10
11
B The City will supervise and inspect all work performed by the
construction contractor and will provide such engineering, inspection
and testing services as may be required to ensure that the construction
of the Project is accomplished in accordance with the approved P S & E
The State will be allowed to observe the construction work provided the
observation does not interfere with the work being performed by the
City's contractor
C Upon completion of the Project, the City will issue to the State a
"Notification of Completion", acknowledging that the Project has been
completed Upon the State's receipt of the "Notification of Completion",
the roadway will be removed from the State Highway System and will
revert back to the jurisdiction of the City
MAINTENANCE RESPONSIBILITIES
Upon the completion of the Project, the City will assume responsibility
for maintenance of the completed roadway facility
FUhMTNG Litl llllTT, IBILTTIE
A The estimated cost of the construction items for this Project,
including construction engineering and testing services, is $ 150,000
The estimated cost for reviewing the design plans is $ 7,500 The City
shall fund thirty percent (30%) of the engineering review and
construction costs for the Project, which are subject to State
participation, one hundred percent (1009s) of costs associated with any
proposed storm sewer, curb and gutter, sidewalks and driveways, and any
indirect costs as explained in Article 12
B 1n the event right of -way is required for this project, funding for
right of -way related items, including, but not limited to, the process
of acquisition and securing of easements, acquisition, relocation,
right -of way description and value determination, utility adjustments,
condemnation, certifications and environmental mitigation items listed
in Article 7, paragraph "B" hereabove, will be the sole responsibility
of the City
C The State will be responsible for securing the State share of
funding required for the construction of the Project The City will be
3/21/97 Page 6 of 10
responsible for any non State participation costs associated with the
Proj ect
D 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 $ 2,250 This amount is based on thirty percent (30%) of the
estimated engineering review costs These funds will be utilized by the
State to review the design plans and cover other incidental costs
E The State shall reimburse the City costs which have been incurred
and are applicable to the Federal cost sharing arrangement established
herein The Payments to the City for services rendered will be made
monthly based upon the City's approved monthly progress report and
itemized and certified statements (Texas Department of Transportation
Form 132, or an invoice that is acceptable to the State) detailed to
show the names of employees, time worked, actual work performed and
actual rates Monthly statements should include authorized non -salary
expenses with supporting itemized invoices
F The itemized and certified statements shall show the total amount
earned to the date of submission and the amount due and payable as of
the date of the current statement Final payment of any money due should
be made to the City after satisfactory completion of all services and
obligations covered in this contract, including acceptance of work by
the State and completion of final audit
G The original Form 132, or an invoice that is acceptable to the
State, should be submitted directly to the District Office to expedite
processing Upon receipt and approval of each statement, the Department
shall pay the amount which is due and payable within thirty days' time
H The State will perform an audit of all costs associated with the
Project upon completion In the event additional funding is required
from the City at anytime during the development of the Project, the City
will provide the funds within thirty (30) days 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
3/21/97 Page 7 of 10
13
14
INDIRECT COST RECOVERY PLAN
ction 2106 001 et seq , Government Code, Vernon's Code Annotated,
require the State to recover indirect costs based on a percq&tAge of
the State's a al direct costs to complete the Pro? t I rect
costs will be in a rdance with the State's nd st Recovery
Plan The State's estim d indirect s ociated with the
construction of the Project is $ 7 e City shall fund thirty
percent (30%) of the State's indir cc for the construction of the
Project The State's estim indirect cost fo he engineering review
of the Project is The City shall fund thirty cent (30+%) of
indirect c associated with the engineering of the Project ayment
mus a made within thirty (30) days from receipt of the State's writt
notification
OWNERSHIP OF DOCUMENT
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
(3) By the State, if it determines that performance of the Project
is not in the best interests of the State
If the contract is terminated in accordance with the above provisions,
the City will be responsible for the payment of Project costs incurred
by the State on behalf of the City up to the time of termination
(4) Upon completion of the terms of this agreement
B The termination of this agreement shall extinguish all rights,
duties, obligations and liabilities of the State and City under this
agreement If the potential termination of this agreement is due to the
3/21/97 Page 8 of 10
failure of the City to fulfill its contractual obligations as set forth
herein, the State will notify the City that possible breach of the
contract has occurred The City should make every effort to remedy the
breach as outlined by the State within a period mutually agreed upon by
both parties
15 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
16 M .NPR D�_3
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
17 LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall
for any reasons 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
18 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
Attention Director Of Engineering
and Transportation
215 East McKinney Street
Denton, TX 76201
3/21/97 Page 9 of 10
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
19 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 in duplicate counterparts
THE CITY OF DENTON, TEXAS
By INK 6
ATTE
Ted Benavides
Typed Name
City Manager
T,rla
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 Stand alone
Manual Notice 96 6, for the purpose and effect of activating and carrying out
the orders, established policies or work programs heretofore approved by the
Texas Transportation Commission
By
awre ce J Zatopek
Director, General Services Division
Date
3/21/97 Page 10 of 10
ExHi ei r A
VARIOUS County
District VARIOUS
TEXAS TRANSPORTATION COMMISSION
MINUTE ORDER
Page _ I of 2 Pages
WHEREAS, the PROJECT DEVELOPMENT PLA1t (the PDP) of the Texas Department
of Transportation (the department) is a ten year plan which authorizes project planning and
development, and
WHEREAS, the PDP is submitted to the Texas Transportation Commission (the
commission) for approval on an annual basis, and
WHEREAS, Minute Order 102992 dated November 30, 1993 approved the handling of
bank balance allocation programs for several of the categories of the PDP, and
WHEREAS, Minute Order 102992 also directed that any future program amounts for the
bank balance allocation programs be returned to the attention of the commission for approval, and
WHEREAS, this action is consistent with the 1995-1999 Strategic Plan strategy to plan,
design, and manage highway projects,
NOW, THEREFORE, IT IS ORDERED that the annual program amounts and allocation
formulas for the programs listed in the following Exhibits be approved, and the projects
developed as part of the programs be developed by the department on an as -needed basis
Exhibit A - Category 2, Interstate Maintenance
1999-2000 Interstate Rehabilitation Program
Exhibit B - Category 3, National Highway System
1999-2000 National Highway System Rehabilitation Program
Exhibit C - Category 4, Surface Transportation Program (STP)
1998-1999 Federal Hazard Elimination Program
1997 Federal Railroad Signal Program
1997 Federal Railroad School Bus Signal Program
1999-2000 STP Urban/Rural Rehabilitation Program
Exhibit D - Category 7, Preventive Maintenance
1997 State Preventive Maintenance Program
1997 District Preventive Maintenance Program
Exhibit E - Category 8, State Farm to Market Roads
1997 Farm to Market/Ranch to Market Road Rehabilitation Program
Exhibit F - Category 9, State Park Roads
1998 State Park Road Program
Exhibit G - Category 10, State Rehabilitation of Signs, Signals and Pavement Markings
1997 Traffic Control Devices Program
1997 Rehabilitation of Traffic Management Systems Program
TEXAS TRANSPORTATION COMMISSION
VARIOUS County MINUTE ORDER
District VARIOUS
Exhibit H - Category 11, State District Discretionary
1997 District Discretionary Program
Page 2 of 2 Pages
Exhibit I - Category 13C, NAFtA Discretionary
1997 Discretionary Program for NAFtA Related Projects
Exhibit I - Category 13D, Urban Street Program
1997 Urban Street Program
Exhibit K - Category 14, State Rehabilitation
1997 State Rehabilitation Program
Exhibit L - Category 16, Miscellaneous
1997 Railroad Grade Crossing Replanking Program
1997 Railroad Signal Maintenance Program
1997 Construction Landscape Program
1997-1998 Landscape Cost Sharing Program
IT IS FURTHER ORDERED that the Executive Director is hereby authorized to proceed
in the most feasible and economical manner with project development as approved herem to
include any necessary agreements, right of way acquisition, utility adjustments and relocation
assistance
Submitted by Reviewed by
Director, Transportation Planning and
Programming Division
Recommended by
Executive Director
Deputy Executive Duer-Wr for
Transportation Planning and Development
Minute Number
EXHIBIT J
CATEGORY 13D - URBAN STREET PROGRAM
1997 URBAN STREET PROGRAM
Description
This program addresses reconstruction and restoration needs on city streets with
populations of 50,000 or more Streets must be classified as a collector or higher
All reconstruction and added capacity projects must be developed in accordance with
American Association of State Highway and Transportation Official's (AASHTO)
standards
This program lapses on 8-31-2000
Program amount
$18,000,000 (Allocations to districts attached) (Includes local 20% match)
Basis of allocation
Policy
This program will be handled as a bank balance program Eligible projects should be
developed by the Metropolitan Planning Organizations (MPO) with district level TzDOT
concurrence on an as needed basis
Construction fund match and match for purchase of right-of-way and utility adjustments is
as follows
The city will pay 100 percent of storm sewer, curb and gutter, sidewalks, driveways,
right-of-way, utility adjustments and environmental mitigation (ii e , sound walls, etc )
TzDOT will pay 80 percent of grading, base, pavement (no preventive maintenance
projects such as thin overlays and seal coats), cross drainage, pavement markings, guard
fence and other safety features The city will pay 20 percent of the above items
Consultants may be used for plans, specifications and estimates preparation The cities
will escrow funds for the department to select, manage and pay the consultants on those
projects that will be managed by the department A city may request that they be allowed
to provide complete plans, specifications and estimates, and manage the construction of a
project On these projects, the department will have oversight and audit responsibility
Responsible division
Transportation Planning and Programming Division
1996 TRANSPORTATION IMPROVEMENT PROGRAM
DALLAS
DALLAS-FORT WORTH MPO
FISCAL YEAR 1998 April 1996
TXDOT DISTRICT
NAME OR DESIGNATION
PROJECT ID
FED PROG
FUNDING
COMMENTS
FEDERAL
COUNTY
LOCATION (FROM)
F CLASS
STATE CAT
CITY
LOCATION (TO)
0LANES
PHASE
STATE
TCM
NEPA
LETTING DATE
DESCRIPTION OF WORK
LENGTH
LOCAL
CSJ
TOTAL
EXEMPT
ADA
DALLAS
CR
BRDG OF
DENTON
ON NORTH COUNTY LINE ROAD AT BR OF BURNS
7
68
$ 94 896
BRANCH
1
C
0
98105
REPLACE BRIDGE AND APPROACHES
0071
23724
0918.46.918
$ 118 620
EXEMPT
DALLAS
CR
BRDG OF
DENTON
ON JIM CHRISTAL ROAD AT DRY FORK CREEK
7
6B
$ 94 896
1
C
0
98/07
REPLACE BRIDGE AND APPROACHES
0067
23724
0918.46 921
$ 1111620
EXEMPT
DALLAS
CS
BRDG OF
ELLIS
ON STACKS STREET AT FOUNTAIN CREEK
7
6B
$ 92 800
2
C
0
98/02
REPLACE BRIDGE AND APPROACHES
0066
23200
0918-22910
$ 116000
EXEMPT
DALLAS
FM 720
FM REH
DENTON
NORTH JCT FM 423
5
SA
$ 0
SOUTH JCT FM 423
2
C
930 DOO
96106
RESURFACE AND WIDEN ROADWAY
0973
0
NEPA
156701-018
$ 930000
DALLAS
FM 740
0
FM NEW
KAUFMAN
US 801N FORNEY
6
8B
$ 0
FORNEY
3 2 MI SW
0
C
2 108 046
98104
RELOCATE FARM TO MARKET ROAD
3200
0
109102012
$ 2 108 046
EXEMPT
DALLAS
VA
URBAN ST
DALLAS
VARIOUS PROJECTS IN THE DALLAS DISTRICT
4
130
$ 3 058 240
VARIOUS
0
C
764 560
97111
USP FUNDS FOR FISCAL YEAR 1998
0 001
0
0918 00 909
$ 3 822 800
DALLAS
LP 12
REHAB
DALLAS
IH 30
2
14
$ 0
DALLAS
SINGLETON BOULEVARD
0
C
2 300 000
95/02
BOTTLENECK IMPROVEMENTS
0001
0
1058102 900
$ 2 300 000
1 EXEMPT
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