HomeMy WebLinkAbout1997-219C �DottWRD�Esyltonw Mptvannledw
ORDINANCE NO
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE-
MENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVE-
MENTS TO EAGLE DRIVE AT BELL AVENUE, EAGLE DRIVE AT CARROLL BOULE-
VARD, AND EAGLE DRIVE BETWEEN AVENUE A AND IOOF UNDER THE CONGES-
TION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM, REPEALING OR-
DINANCE 97-134, 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 Eagle Drive at Bell Avenue, Eagle
Drive at Carroll Boulevard, and Eagle Drive between Avenue A and I00F under the Congestion
Mitigation and Air Quality Improvement Program, which is attached hereto and incorporated by
reference herein
SECTION II That Ordinance No 97-134, passed and approved on May 6, 1997 by the
Council of the City of Denton, Texas, is hereby repealed
SECTION III That the expenditure of funds as provided in the attached Agreement is
hereby authorized
SECTION IV That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the 'fl_ day of
1997
JACI;LL�ERMA�YOR�
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APP VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Denton County
CSJ 0918-46-911
Eagle Drive 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 R
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 corridor improvements along Eagle
Drive, specifically, a continuous left turn lane along Eagle Drive between
Avenue A and I 0 0 F and intersection improvements at the following
intersections Eagle at Bell and Eagle at Carroll, as shown in "Exhibit A", to
be hereinafter identified as the "Project", and
5/9/97 Page 1 of 12
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
construction of the Project by providing funding, preparing the preliminary
engineering and design plans, 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, let the
construction contract, provide the construction inspection and provide other
necessary items as requi;ed by the S,taat�e,,,/ and
//
WHEREAS, on th€ day of 19!the Denton City Council
passed Ordinance No 7 / � "'attached hereto and identified as "Exhibit
B", authorizing the City's participat the development of the Project,
and �i ll o - 627
WHEREAS, the State will secure the Federal cost share, review the
engineering and right-of-way related items and provide other items as
required, and
WHEREAS, on the 29th 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 O R E E E 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
5/9/97 Page 2 of 12
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
3 ACQUISITION OF RIGHT-OF-WAY AND RELOCATION ASSISTANCE
The City shall perform all necessary requirements to obtain 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 by the State for the completion of the Project
4 RIGHT-OF-WAY DESCRIPTION
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 record
5/9/97 Page 3 of 12
5 DETERMINATION OF RIGHT-OF-WAY VALUES
The City agrees to make a determination of property values for each right-
of-way parcel by methods acceptable to the State and to submit to the
State's District Office a tabulation of the values so determined, signed
by the appropriate City representative Such tabulations shall list the
parcel numbers, ownership, acreage and recommended compensation
Compensation shall be shown in the component parts of land taken,
itemization of improvements taken, damages (if any) and the amounts by
which the total compensation will be reduced if the owner retains
improvements This tabulation shall be accompanied by an explanation to
support the determined values, together with a copy of information or
reports used in arriving at all determined values The State will review
the data submitted and may base its reimbursement for parcel acquisitions
on the values which are determined by this review
6 UTILITY ADJUSTMENTS/RELOCATIONS
If the required right-of-way encroaches upon existing utilities and the
proposed highway construction requires the ad3ustment, 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 ad3ustment 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 ad3usted, removed or relocated during the construction
of the Pro3ect, the City will be responsible for accomplishing the
additional utility work, unless this work is provided by the owners of the
utility facilities
7
Condemnation proceedings will be initiated at a time selected by the City
and will be the City's responsibility at its own expense as hereinafter
5/9/97 Page 4 of 12
indicated The City will concurrently file condemnation proceedings and a
notice of lis pendens for each case, and in each case so filed the
judgment of the court will decree title to the property condemned to the
City
8 REIMBURSEMENT FOR RIGHT-OF-WAY
A Reimbursement will be made to the City for costs incurred subsequent
to the Federal Letter of Authority in an amount not to exceed eighty
percent (80%) of the cost of the right-of-way purchased in accordance with
the terms and provisions of this agreement, if funding specifically
allocated for right-of-way related costs for the Project is in the TIP
Reimbursement will be in the amount of eighty percent (80%) of the State's
predetermined value of each parcel, or the net cost thereof, whichever is
the lesser amount In addition, reimbursement will be made to the City
for necessary payments to appraisers, expenses incurred in order to assure
good title to property acquired as well as incidental expense incurred in
conveying the needed right-of-way to the City Reimbursement shall not
exceed eighty percent (80%) of such documented costs
B If condemnation is necessary and title is taken as set forth herein
under the section entitled "condemnation , the reimbursement by the State
shall be based on the final judgment, conditioned upon the State having
been notified in writing prior to the filing of such suit and upon prompt
notice being given as to all action taken therein Court costs and costs
of Special Commissioners' hearings assessed against the City in
condemnation proceedings conducted on behalf of the State and fees
incident thereto will be paid by the City Such costs and fees will be
eligible for eighty percent (80%) reimbursement under the established
reimbursement procedure provided such costs and fees are eligible for
payment by the State under existing law
C Utility adjustments which would be eligible for cost participation by
virtue of 23 CFR 645 107 will be eligible for reimbursement to the City at
not to exceed eighty percent (80%) of actual cost
5/9/97 Page 5 of 12
D Reimbursement will be made to the City for costs associated with the
Relocation Assistance Program provided these costs are in compliance with
the rules and regulations formulated by the State and the FHWA It is
further agreed that documentation supporting each reimbursement request
from the City will include the displaces's name and evidence the City's
payment was received by the displaces Reimbursement shall not exceed
eighty percent (80%) of such documented costs
9 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
10 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
5/9/97 Page 6 of 12
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
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 by the City
11 ENGINEERING RESPONSIBILITIES
A The City 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 assistance to the State in
conducting public hearings, as required
B The P S & E shall be developed by the City in accordance with the
latest edition and revisions of the State's Standards, which for non -State
Highway/non-Principal Arterial Street System (PASS) projects will be
minimum American Association of State Highway and Transportation
Officials' (AASHTO) Standards established in AASHTO's A Policy On
Geometric Design of Highways and Streets AASHTO's Guide for Design of
Pavement Structures, the State's Standard Specifications for Construction
of Highways Streets and Bridaes, and The Texas Manual on Uniform Traffic
Control Devices (TMUTCD) The City shall submit the completed P S & E to
the State for review and approval The City will not let a construction
contract until the P S & E has been approved
12 CONSTRUCTION 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 Any
field changes, supplemental agreements or additional work orders which may
5/9/97 Page 7 of 12
become necessary subsequent to the award of the construction contract
shall be the responsibility of the City and subject to the approval of the
State
B The City will supervise and inspect all work performed by the
construction contractor and will provide such engineering inspection and
testing services as may be required to ensure that the construction of the
Project is accomplished in accordance with the approved P S & E The
State will be allowed to review the construction work provided the review
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
13 MAINTENANCE RESPONSIBILITIES
Upon completion of the Project, the City will assume responsibility for
maintenance of the completed roadway facility
14 FUNDi NG RESPONSIBILITIES
A The estimated cost associated with the items subject to Federal
reimbursement for this Project, including right -of way related items,
State review and construction, is $ 530,688 Right-of-way related items
include, but are 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 10, paragraph "B"
hereabove Construction items shall include construction engineering and
testing services
B Funding for preliminary engineering and P S & E preparation will be
the sole responsibility of the City
C The State will be responsible for securing the Federal share of
funding required for the development and construction of the Project The
5/9/97 Page 8 of 12
City will be responsible for any non-federal participation costs
associated with the Project
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 $ 5,520 This amount is based on twenty percent (20%) of the
estimated State review costs These funds will be utilized by the State
to review the engineering documentation and cover other incidental costs
E 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 (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 $ 57,618 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
F 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
15 INDIRECT COST RECOVERY PLAN
Section 2106 001 et seq Government Code, Vernon's Code Annotated,
requires the State to recover indirect costs based on a percentage of the
State's actual direct costs to complete the Project The indirect costs
will be in accordance with the State's Indirect Cost Recovery Plan and are
estimated to be $ 37,997 The City shall be responsible for Lwerrty
4E"
5/9/97 Page 9 of 12
ldc Lo
percent ) of the Staate's indirect cost The City's indirect costs are
estimated to be $ ;;49,9, Payment must be made within thirty (30) days
from receipt of the State's written notification
16 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
17
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 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
City should make every effort to remedy the breach as outlined by the
State within a period mutually agreed upon by both parties
18 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
5/9/97 Page 10 of 12
conjunction with the performance of work covered under this agreement
19 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
20 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
21 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, 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
22 SOLE AGREEMENT
This agreement constitutes the sole and only agreement between the parties
hereto and supersedes any prior understandings or written or oral
5/9/97 Page 11 of 12
23
24
agreements respecting the within subject matter
Vio�ldtio or breach of contract terms by the City shall be grounds for
termination of the agreement, and any increased cost arising from the
City's default, breach of contract, or violation of terms shall be paid by
the City This agreement shall not be considered as specifying the
exclusive remedy for any default, but all remedies existing at law and in
equity may be availed of by either party and shall be cumulative
Shoff udisputes arise as to responsibilities and obligations as set forth
in this agreement, the State's decision shall be final nd innding Q 7
IN TESTIMONY HEREOF, the parties hereto have caused
executed in duplicate counterparts
THE CITY OF DENTON, TEXAS
By
Ted Benavides
Typed Name
City Manaaer
/] Title
—
Da
ATTEST
43-ty Secretary
THE STATE OF TEXAS
these presents to be
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
ren(A J Zatopek
Director, General Services Division
/O--/o - Date �
5/9/97 Page 12 of 12
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EXHIBIT A
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CITY OF DENTON, TEXAS I
PROPOSED ADDITIONAL TURN LANE STACKING
CARROLL BOULEVARD / EAGLE DRIVE
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EXHIBIT A
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�w itNo CORD�SW*WwMPnrmero. E ,.Ni el, I
ORDINANCE NO _LL_r9
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE-
MENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVE-
MENTS TO EAGLE DRIVE AT BELL AVENUE, EAGLE DRIVE AT CARROLL BOULE-
VARD, AND EAGLE DRIVE BETWEEN AVENUE A AND IOOF UNDER THE CONGES-
TION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM, REPEALING OR-
DINANCE 97-134, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
,SC IOT 1� That the City Manager is hereby authorized to execute an Agreement with
the Texa! Department of Transportation for improvements to Eagle Drive at Bell Avenue, Eagle
Drive at Carroll Boulevard, and Eagle Drive between Avenue A and IOOF under the Congestion
Mitigation and Air Quality Improvement Program, which is attached hereto and incorporated by
reference herein
S CTIi ION II That Ordinance No 97-134, passed and approved on May 6, 1997 by the
Council of the City of Denton, Texas, is hereby repealed
SECTION III That the expenditure of funds as provided in the attached Agreement is
hereby authorized
SECTION IV That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the � day of
1997
rtLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APP VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY Al �4� C^
E)(\A►a►T "c"
TEXAS TRANSPORTATION COMMISSION
VARIOUS County MINUTE 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 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
PDP 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 PDP, and authorized projects in various allocation
programs; and
WHEREAS, an update of these previously authorized projects and
policies is regyired to more accurately depict and properly guide
planning and development, and
WHEREAS, it is appropriate to address the status of the 1993
Transitional PDP and the approval of the 1994 POP separately with
respect to mobility and allocation categories, and
VARIOUS County
District No VARIOUS
TEXAS TRANSPORTATION COMMISSION
MINUTE ORDER
Page 2 of 5 Pages
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 40 - 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
TEXAS TRANSPORTATION COMMISSION
VARIOUS _
District No VARIOUS
County 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 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 0 - 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)
99I 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
~ f♦
TEXAS TRANSPORTATION COMMISSION
VARIOUS County
District No VARIOUS
Submitted by
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 to 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 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 cghway Design
Examined and recommended by
Approved Asso n ate Lxecutive Director
EXecu ive Director
Minute Number 102542
Date Passed JUI 29 93
E >a l t t (31 r E To 5 y- H %(3l T C-
TRANSPORTATION IMPROVEMENT PROGRAM
DALLAS
DALLAS FORT WORTH MPO
DISTRICT
----- -- -----
NAME OR DESIGNATION
COUNTY
LOCATION (FROM)
LOCATION (TO)
CSJ______
_ DESCRIPTION OF WORK _____--_-_-_
&11 AS
CS
DALLAS
19 INTERSECTIONS ON BELT LINE IN THE
CITY OF IRVING
0918-45.942
TRAFFIC SIGNAL UPGRADES
------------- -'
--------
DALLAS
--C---------
S
DALLAS
INTERSECTION OF GUS THOMASSON WITH
IN MESQUITE
091845945
SIGNAL ---------------'
--------
DALlA5
_TRAFFIC
CS
DALLAS
INTERSECTION OF GROSS ROAD WITH SCYENE
IN MESQUITE
0918.4S-M
TRAFFIC SIGNALS
--------
DALLAS
-------------------------•
CS
DALLAS
INTERSECTION OF BRUTON ROAD WITH
PIONEER ROAD IN MESQUITE
0918464M
SIGNALS
•--------
OALLAS
_TRAFFIC ----------------
CS
DALLAS
INTERSECTION OF TOWN EAST BOULEVARD
SKYLINE DRIVE IN MESQUITE
091845.951
SIGNALS _______________.
r__-_-___
DALLAS
-TRAFFIC
CS
DALLAS
INTERSECTION OF TOWN EAST BOULEVARD
FORNEY ROAD IN MESQUITE
0918.46.952
TRAFFIC SIGNALS
DALLAS
CS
DALLAS
INTERSECTION OF MOTLEY DRIVE WITH
EASTFIELD COLLEGE IN MESQUITE
0918454 63
TRAFFIC SIGNALS
----
D----S ALIA
-aT----------------------
CS
DALLAS
ON DENTON TAP ROAD AT PARKWAY IN THE
CITY1OF COPPELL
091845962
INCREASE NORTHBOUND LEFT TURN STORAGE
--- -----
D ALLAS
--C---------------------
S
DALLAS
ON SANDY LAKE ROAD AT DENTON TAP ROAD
THE CITY OF COPPELL
091845.972
__
EAST AND WESTBOUND DUAL LEFT TURN --
___ _______ ______ ____
_____
DALLAS
CS
DALLAS
ON BETHEL ROAD AT DENTON TAP ROAD IN
THECITY OF COPPELL
0918-45.973
EASTBOUND RIGHT TURN LANE
---`'---------------------
--------
DALIAS
CS
DALLAS
VARIOUS LOCATIONS IN DALLAS
_0_91_8-45-974 INTERSECTION IMPROVEMENTS
DALLAS--- CS
DENTON EAGLE AT BERNARD IN DENTON
091846r911
INTERCHANGE IMPROVEMENTS
--------
DALLAS
-------------------------
CS
DALLAS
ON BELT LINE AT MAIN STREET IN THE CITY
OF CEDAR HILL
9918-45-921
INTERSECTION IMPROVEMENTS
DALLAS
CS
DALLAS
ON MARSH LANE FROM TRINITY MILLS ROAD
THE SOUTH CITY LIMITS OF CARROLLTON
9918-45-940
---------------------------------
TRAFFIC SIGNAL PROGRESSION
FY 1997
PROJ ID
F CLASS
LANES
_LENGTH _ _ _
3102
0
0
0 001
-1895-----
4
0
0 001
-1894
5
0
0 001
4
0
0 001
-1902 ----
4
0
_ 0_ODI
1901__---
4
0
0001-_--
1897
4
0
0001__--
4067
5
0
0 001
5
0
0 001
4061
0
0 001
2228
0
0
_ _0_00_1
1052 ----
0
0
0 DOI
4036
5
0
0 001
4309
0
0
22DO --
FED PROG
ST CAT
PHASE
MPO ___
CMAO
5
CE
CMAQ
5
CE
1106
5
CE
1106
CMAQ --
5
CE
5
CE
1106
CMAQ --
5
CE
1106 __-
CMAO
5
CE
1106
September 14 1995
FEDERAL COMMENTS
STATE
$ 13 440 r96 / 10
3 570
3 990
IRVING
E 21 000
s 3o,zso
9a r t 1
0
24750
MESQUITE
S 55,000
------------
-------
s 30,000
94 / 11
0
30,000
MESQUITE
s 60 ODD
5
CE
1106
CMAO
5
C,E R
1106 C_
MAO —_
5
CE
1106
CMAQ --
5
CE
1106
CMAQ
5
CE
1106
CMAO —
5
CER
1106
5
CE
1106
s -- 3i&jr1Isi10
0
30000
MESQUITE
E 60,000
------------
f ---247---
50
96I 70
0
30.250
MESQUITE
S 55 000
------------
--------
E 26790
96/70
0
30210
MESQUITE
$
------------
---67-�
E 30 000
96 / 10
0
30,000
MESQUITE
S 60,ODD
$ 24,000
97109
0
6 000
COPPELL
s 526W
97/06 ------
13,6W
0
COPPELL
------ ------------
—
E 24 000 97 / 02
0
6000 COPPELL
$30000 -- --_—__
$ 2 000 000 96108
0
500 000 DALLAS
$ 2,500,000
S 100,000 95 / O6
0
25,000
$
125 000
s
36 000
96 / 07
0
9000
CEDAR HILL
$
45000
-----------
T-
- 24 00fl
97102
0
6000
CARROLLTON
�s --
30000
------------
FILE
RRF
JAC
RBM
OWS
FDA
RNW
OTHER
s Department of Transportation
P O BOX 3067 • DALLAS TEXAS 75221 3067 • (214) 320 6100
October 27, 1997
Control 0918-46-911 COPY
Eagle Drive Improvements
Denton County
Mr Jerry Clark, P E
Director of Engineering and Transportation
City of Denton
215 E McKinney Street
Denton, Texas 76201
Dear Mr Clark
Attached are two original partially executed agreements and a revised estimated cost
breakdown sheet for the above referenced project Note, subsequent to your
execution, we made revisions to pages 2, 9, 10 and 12 of the document to correct an
error, eliminate the Indirect Cost Recovery clause and add additional provisions as
required by the State Please have your authorized signatory initial and date each
revision and return one original agreement to us for our files
If you have any questions, please contact Jim Janovsky, P E at (214) 320-6186
Attachments
,Sincerely, - )n
Charles R Tucker, P E
Director of Transportation
Planning and Development
An Equal Opportunity Employer
t ,�
�'`� � ,
�.l + Mir
County of Denton
City of Denton
CSJ 0198-46-911
Highway Eagle Dr Improvements
Limits
ESTIMATED COST
On State System
On Principal Arterial Street System (PASS)
_Off State System
Total Est. Const. Cost (Including Const
Total Estimated Construction Cost
Total Est Const Engr & Contingencies
Federal Contribution =_$_X
State Contribution = X
Local (City) Contribution = 20% X
Engr. & Contingencies) _ $ 288,090
= $ 259,540
Cost = $ 28,550
$ 288,090 = $ 230,472
$ 288,090 = $ 57,618
*Rate Est. Const.
Total
Est. Indirect Construction Cost =
X $
= $ NA
State
Contribution
= X
$
= $
Local
(City) Contribution
= X
$
= $
Total
Estimated Right -Of -Way
Related Cost = $ 215,000
Federal Contribution
X
$ 215,000
= $ 172,000
State
Contribution
= X
$
_ $
Local
( ) Contribution
= 20X
$ 215,000
= $ 43,000
*Rate
R.O.W.
Total
Est. Ipndirect R.O.W. Related Cost
= X $
_ $ NA
State
Contribution
= X
$
_ $
Local
( ) Contribution
= X
$
_ $
Estimated Cost For Engr. Devlp. (Prel. Engr., P.S.&E. and State Review)
Est. Const. %Local Escrow
Prel Engr = X$ N/A = $ X = $ $
Review Prel Engr =_-Lk-X$ 288,090 = $ 8,643 X 20� = $ 1,729 $
1,729
Review ROW Acquist= X$ = $ 1,500 X 20-1 = $ 300 $3_0
Review ROW Map and= X$ _ $ 1,400 X 20% = $ 280 $ 280
Deed
Review Reloc = X$ _ $ 700 X 20� = $ 140 $ 140
Assist
Review Utility = X$ _ $ 950 X-2-0—%= $ 190 $ 190
Reloc Plans
Plan Preparation = X$ N/A = $ X = $ $
Review Design Plan= 5% X$ 288,090 = $ 14,405 X 20= $ 2.881 $
2,881
Total Estimated Cost for Engr. Devlp. _ $ 27,598
Federal Contribution for Engr Devlp = $ 22.078
State Contribution for Engr Devlp = $
Local (City) Contribution for Engr Devlp = $ 5,520
Total Local (City) Escrow Amount = $ 5,520
*Rate Engr. Devlp.
Total Est. Indirect Cost for Engr. Devlp. = X $ $ NA
State Contribution = X $ _ $
Local (City) Contribution = X $ _ $
* Note Rate set by State Legislature and is subject to change Rev 10/27/97