1999-421ORDINANCE NO qq -L/~0~ /
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
IMPROVEMENTS TO CARROLL BOULEVARD FROM COLLINS STREET TO
SHERMAN DRIVE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
~ That the Oty Manager ~s hereby authorized to execute an Agreement w~th
the Texasl Department of Transportation for ~mprovements to Carroll Boulevard fi:om Colhns
Street to Sherman Dnve, winch m attached hereto and ~ncorporated by reference herein
hereby authorized
and approval
That the expenchture of funds as prowded ~n the attached Agreement ~s
That tins ordinance shall become effective ~mmedmtely upon ~ts passage
,1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROS~/ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
County Denton - lOS'
CSJ 0918-4'5zg33~
Carroll Blvd From US 380
To US 377
STATE OF TEXAS
COUNTY OF TRAVIS
URBAN STREET PROGRAM
AGREEMENT
Tills AGREEMENT ~s made by and between the State of Texas, actmg by and through
the Texas Department of Transportation, hereinafter called the STATE, and the C~ty of Denton,
Texas, acting by and through the De___nton C~t~, hereinafter called the C~ty
WITNESSETH
WiiEREAS, the Project Development Plan (PDP) ~s a ten year plan whmh authorizes
project planmng and development, and
WIIEREAS, on the 25 Day of January, 1996, the Texas Transportation Commmsmn
passed Minute Order 106713, attached hereto and ~denttfied as Exhibit A, approwng the 1997
Urban Street Program, which addresses reconstruction and restoration needs on mty streets
(collector and higher) w~thm urbamzed areas w~th populations of 50,000 or more, and
WiiEREAS, the State and the C~ty desire ~mprovements on Carroll Blvd from Colhns
Street (U.S 377) to US 380, as shown m Exhibit B, to be hereinafter tdentffied as the ProJect,
and
WHEREAS, the Metropohtan Planmng Orgamzat~on (MPO) has selected th~s Project
w~th the concurrence of the State, and
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WHEREAS, Exhibit J of Minute Order 106713 establishes the State share of funding for
Urban Street Program projects wall not exceed eighty percent (80%) of the costs of its grading,
base, pavement, cross dratnage, pavement markings, guard fence and other safety features, and
WHEREAS, Exhibit J of Minute Order 106713 establishes the City will provide 20% of
the costs for the heretofore mentioned ~tems, and will pay one hundred percent (100%) of any
storm sewer, curb and gutter, sidewalks, driveways, right-of-way, utility adjustments and
environmental mitigation (1 e, sound walls, etc ), and
WHEREAS, the City has offered to partlmpate in the development and constmctmn of
the Project by preparing or causing to have prepared the preliminary englneenng and design
plans, acqmnng the necessary right-of-way, prowdlng relocation assistance, prepanng right-of-
way description and value determination, accomplishing the adjustment of utilities, condemning
property, prowdmg certifications, providing environmental mitigation and providing other
necessary items as reqmred by the State, and
WHEREAS, on the Lll day of ~I1~(19~, the Denton City Council passed Resolution
No l~q-q~.[, attached hereto and ldentffied as "Exhibit C", authorizing the City's partmlpatlon in
the development of the ProJect, and
WHEREAS, the State will provide funding, review the engmeenng and right-of-way
related items, prowde construction oversight and other items as required
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the part,es hereto, to be by them respectively kept and performed as hereinafter set
forth, it is agreed as follows
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CONTRACT PERIOD
This agreement becomes effective upon final execution by the State and shall terminate
upon eompletmn of the Project or unless terminated or modified as hereinafter promded
SCOPE OF PROJECT
The State and the C~ty agree that the scope of the Project shall be hmxted to the scope
authorized by the Texas Transportation Commxss~on
ACQUISITION OF RIGHT-OF-WAY AND RELOCATION ASSISTANCE
In the event right-of-way needs arise, the C~ty shall perform all necessary reqmrements to
acqmre the desired right-of-way required for the construction of the Project The City w~ll
comply wxth all reqmrements of Txtle II and Title III of the Uniform Relocatton
Assistance and Real Property Acqms~txon Pohcles Act of 1970, T~tle 42 U S C A Sectmn
4601, et seq, including those prowslons relating to incidental expenses ~ncurred by the
property owners, and benefits apphcable 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 avadable to the State and ~ts representatives for review and
~nspect~on The City shall secure easements over any land in addition to normal right-of-
way as may be mdmated on the approved right-of-way map The C~ty will be responsible
for any additional right-of-way required for the completmn of the Project
RIGHT-OF-WAY DESCRIPTION
In the event right-of-way needs arise, the City w~ll prepare right-of-way maps, property
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descnptaons and other data as needed to properly describe the right-of-way whmh the
C~ty as to acqmre and promde for the Project The right-of-way maps and property
descriptions shall be submitted to the State for approval prior to the C~ty acqumng the
necessary right-of-way Tracings of the right-of-way maps shall be retmned by the C~ty
for ~ts permanent records
UTILITY ADJUSTMENTS/RELOCATIONS
If the required right-of-way encroaches upon ex~st~ng utd~t~es and the proposed h~ghway
constructaon reqmres the adjustment, removal or relocation of such utthty faclht~es, the
C~ty will estabhsh the necessary utthty work ~n accordance w~th 43 TAC, Sec 21 31-
21 53, ~f apphcable, and notify the affected utahty companaes of the reqmred work
Unless otherwise provided by the owners of the utahty factht~es, the C~ty shall be
responsable for the adjustment, removal or relocataon of such ut~hty facthtaes m
accordance w~th applicable State law, regulataons, policies and procedures In the event
addat~onal utthtleS are reqmred to be adjusted, removed or relocated dunng the
constmctaon of the ProJect, the C~ty wall be responsible for accomphshmg the additional
utlhty work, unless this work as prowded by the owners of the ut~hty facd~t~es
CERTIFICATION
The Caty shall provade to the State forty-five (45) days prior to the construction contract
let date, certfficat~on that all right-of-way has been acqmred, all enwronmental problems
have been remedied, and all conflicting uttht~es have been adjusted to clear the proposed
construction
ENVIRONMENTAL MITIGATION
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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 mvolve, but not be hmlted to studies related to the following
1 public involvement
2 Environmental Impact Studies
3 Environmental Assessments
4 apphcable environmental documents discussing social, economic and
environmental ~mpacts of the proposed project
5 noise analysis
6 air quality analysis
7 4(0 lands such as pubhe 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 D~scharge Ehmmation System
(NPDES)
13 appheable permits from U S Corps of Engineers
B In addition, the City will be responsible for the assessment, remedlatlon and/or
disposal of regulated materials encountered prior to and during construction, which may
include but not be hmlted to the following
2
3
4
asbestos contalmng materials as regulated in 40 Code of Federal Regulations
(CFR) 763
polychlonnated blphenols as regulated by 40 CFR 761
petroleum (i e gasohne and diesel) contaminated softs as regulated by 31 Texas
Administrative Code 334
Hazardous Waste as defined m 40 CFR 261
Class I and II waste as regulated by Texas National Resource Conservation
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Commission
mfectmus or blood borne pathogen waste
radioactive waste
all Comprehensive Enwronmental Response and Comprehensive Lmb~hty Acts as
~dantffied m 40 CFR 300-399
The C~ty wall not let the construction contract until all known enwronmental problems
have been remed~ated
9
ENGINEERING RESPONSIBILITIES
A The C~ty wall prepare or cause to have prepared the Project's prehm~nary
engmeenng necessary for the development of the plans, spemficat~ons and esUmate
(P S & E ) Development of the prehmmary eng~neenng shall ~nclude a schematic, an
enwronmental assessment and assistance to the State ~n conducting pubhc heanngs, as
reqmred
B The P S & E shall be developed by the C~ty ~n accordance w~th the latest edition
and revts~ons of the American Assocmtton of State H~ghway and Transportation
Officmls' (AASHTO) Standards estabhshed ~n AASHTO's A Pohc¥ On Geometric
Design of Hmhwavs and Streets, the State's Standard Specfficatmns for Construction of
H~ghwavs, Streets and Bridges, and The Texas Manual on Umfonn Traffic Control
Dewces. (TMUTCD) Pavement restoration projects w~ll be developed to ex~st~ng or
h~gher pavement standards, based on current traffic The C~ty shall submit the completed
P,S & E to the State for review and approval The C~ty wall not let the eonstructmn
contract until the P S & E has been approved by the State
CONSTRUCTION RESPONSIBILITIES
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11.
A The C~ty shall adverttse for construction bids, ~ssue b~d proposals, receive and
tabulate the b~ds and award a contract for eonstmcuon of the ProJect ~n accordance w~th
the C~ty's existing procedures as approved by the State and apphcable laws Any field
changes, supplemental agreements or additional work orders whmh may become
necessary subsequent to the award of the constructton contract shall be the respons~bthty
of the C~ty and subject to the approval of the State
B The C~ty will supemse and ~nspect all work performed by the construction
contractor and will provide such engtneenng, ~nspecnon and testing services as may be
reqmred to ensure that the construction of the ProJect ~s accomphshed m accordance w~th
the approved P S & E The State will prowde overs~te inspection at ~t's d~scret~on
C Upon completion of the Project, the C~ty will ~ssue to the State a "Notfficat~on of
Completion", acknowledging that the Project has been completed
MAINTENANCE RESPONSIBILITIES
Upon completaon of the Project, the C~ty will mmntam respons~bahty for maintenance of
the completed roadway facthty
FUNDING RESPONSIBILITIES
A The estimated construction costs associated w~th th~s ProJect, including
construetmn engmeenng and testing servmes, ~s $240,000 The estimated ce~
for State rewew 1S $2,400 Th,~ ,.~,,y ..............
B In the event right-of-way is reqmred for th~s project, funding for right-of-way
related ~tems, mcludmg, but not hm~ted to, the process of acqms~t~on and securing of
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easements, acquisition, relocatmn, right-of-way description and value determ~natlon,
ut~hty adjustments, condemnation, certfficat~ons and enwronmental mlt~gatton ~tems
hsted m Artmle 7, here above, wall be the sole respons~bdtty of the C~ty
C The State w~ll be responsible for secunng the State share of funding reqmred for
the constructton of the Project The maximum mount payable by the State for th~s
project ~s the lesser of 80% of reimbursable costs or $168,000 The C~ty wall be
responsible for any non-State partm~patlon costs associated w~th the ProJect
D Upon execution ofth~s agreement, the C~ty will, w~thm 30 days, subrmt a check or
warrant made payable to the "Texas Department of Transportation" ~n the amount of
$2,400 This amount ~s based on one hundred perecent (100%) of the estimated State
rewew costs These funds w~ll be utthzed by the State to rewew the eng~neenng
of the ProJect The City shall remit a check or warrant payab~exas Department
of Transportation" in the amount specified bY th~ t° t .w,., ent~ p~rc:..nt^127%! 05
the total cremated construction cost ~ust.b~.m~adl w.:th'n t~i~Y (301 day7 °f
receipt of the State's wnt~on The City ah_all rand ~11 n..°n-Sta)e partlcly_a__tj°_n-
costs of any an.~trl~e orders or cost overrtms Payment for thele ch _ange ~rders °r
ust also be made within thirty (30) days of receipt of the State's written
F The State w~ll perform an audit of all costs assomated w~th the Project upon
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completion In the event additional funding ~s reqmred from the C~ty at anytime dunng
the development of the ProJect, the C~ty will prowde the funds w~th~n thirty (30) days
from receapt of the State's written notification In the event any funds are due the City,
the State will promptly make arrangements to prowde the funds to the Caty
OWNERSHIP OF DOCUMENTS
Upon completmn or termmatmn of th~s agreement, all documents prepared by the C~ty
shall remmn the property of the C~ty and all documents prepared by the State shall remain
the property of the State All data prepared under th~s agreement shall be made available
to the State w~thout restriction or hm~tat~on on their further use
13.
TERiVIINATION
A Tlus agreement may be terminated by any of the following cond~tlons
(1) By mutual written agreement and consent of both part~es
(2) By e~ther party, upon the fmlure of the other party to fulfill the
obhgat~on as set forth hereto
(3) By the State lf~t ~s determined that performance of the Project ~s not ~n
the best interest of the State
If the agreement ~s terminated m accordance wtth the above prows~ons, the C~ty
will be responsible for the payment of ProJect costs ~ncurred by the State on
behalf of the C~t¥ up to the ttme of termination
(4) Upon completion of the terms ofth~s agreement
B The termination of th~s agreement shall ext~ngmsh all rights, duties, obhgattons
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15
16
17
and llablht~es of the State and C~ty under this agreement If the potentml term~nataon of
th~$ agreement ~s due to the failure of the Ctty to fulfill tts contractual obhgattons as set
forth hereto, the State will notify the C~ty that posstble breach of contract has occurred
The C~ty should make every effort to remedy the breach as outlined by the State wtth~n a
period mutually agreed upon by both parties
INDEMNIFICATION
The C~ty acknowledges that it ts not an agent, servant, or employee of the State, and that
~t ~s responsible for ~ts own acts, forbearance, neghgence and deeds, and for those of ~ts
agents or employees ~n conjunctton w~th the performance of work covered under th~s
agreement
AMENDMENTS
Any changes tn the t~me frame, character, agreement provlstons or obhgattons of the
part, es hereto shall be enacted by written amendment executed by both the Ctty and the
State
LEGAL CONSTRUCTION
In case one or more of the prows~ons contained tn this agreement shall for any reason be
held lnvahd, illegal or unenforceable m any respect, such tnvahd~ty, lllegahty or
tmenforceabfltty shall not affect any other provtslons hereof and thts agreement shall be
construed as ~f such tnvahd, illegal or unanfomeable provlston had never been contmned
here~n
NOTICES
All notmes to etther party by the other reqmred under th~s agreement shall be dehvered
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personally or sent by certified U S marl, postage prepaid, addressed to such party at the
following respective addresses
State
Texas Department of Transportation
Attention Claude P Elsom III, P E
Area Engmeer
2624 E Prmne
Denton, TX 76201
Texas Department of Transportahon
4777 E-Hwy 80
Mesquite, TX 75150-6643
City The City of Denton, Texas
Attention Jerry Clark, P E
Director of Eng & Transportation
City Hall West
221 N Elm
Demon, TX 76201
All notmes shall be deemed given on the date so delivered or so deposited in the mall,
unless otherwise prowded here~n Exther party hereto may change the above address by
sending written not,ce of such change to the other ~n the manner prowded here~n
18.
19
SOLE AGREEMENT
This agreement constitutes the sole and only agreement between the parhes hereto and
supersedes any prior understandings or written or oral agreements respecting the within
subject matter
AUDIT
The C~ty shall comply w~th the reqmrements of OMB Circular A-133, "Audit
Reqmrements for State and Local Governments," and shall promptly furmsh the State a
copy of each audit report The C~ty shall be responsible for any funds determined to be
mehg~ble for federal reimbursement, and shall reimburse the State the amount of any
such funds prewously provided to ~t by the State
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20. DISPUTES
The C~ty shall be responsthle for the settlement of all contractual and adm~mstrat~ve
~ssues ansmg out of procurement entered ~nto ~n support of contract work
In the event of a dispute concerning the work performed hereunder the Executive D~rector
of the State shall act as referee, and h~s decision shall be final and binding
Any d~spute concerning the work performed hereunder, the cost of work performed
hereunder, or any non-procurement issue shall be settled in accordance w~th T~tle 43,
Texas Adm~mstrat~ve Code, Section 1 68, "Contract Claim Procedure"
21. SUBCONTRACTS
Any subcontract for services rendered by ~nd~vlduals or organizations not a part of the
City's orgamzat~on shall not be executed w~thout prior authorization and approval of the
subcontract by the State and, when federal funds are ~nvolved, the U S Department of
Transportation
Subcontracts m excess of $25,000 shall contmn all reqmred provisions of th~s contract
No subcontract wall reheve the City of ~ts respons~bd~ty under th~s contract
22 REMEDIES
V~olat~on or breach of contract terms by the City shall be grounds for term~nation of the
contract Any increased cost anmng from the termination shall be paid by the C~ty
This agreement shall not be considered as specifying the exclusive remedy for any
d~spute, but all remedies ex~stmg at law and in eqmty may be avmled of by e~ther party
and shall be camulatlve
23. EQUAL EMPLOYMENT OPPORTUNITY
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24.
The City agrees to comply w~th Executive Order 11246 entitled "Equal Employment
Opporttm~ty" as amended by Executive Order 11375 and as supplemented in Department
of Labor Regulations (41 CFR 60)
DEBARMENT/SUSPENSION
The Caty is prohibited from making any award or permitting any award at any t~er to any
party whmh is debarred or suspended or otherwise excluded from or ~nehgable for
partmlpatlon m federal assistance programs under Executive Order 12549, Debarment
and Suspension The City shall reqmre any party to a subcontract or purchase order
awarded under this contract as specified m T~tle 49 of the Code of Federal Regulations,
Part 29 (Debarment and Suspension) to certify ~ts ehglbfllty to receive federal funds and,
when requested by the State, to furnish a copy of the certification
25
CIVIL RIGHTS/NONDISCRIMINATION
Dunng the performance of this contract, the City, for ~tself, its assignees and successors
m interest (hereinafter referred to as the "C~ty"), agrees as follows
(1) Comphance w~th Regulations The City shall comply w~th the regulations
relative to nondiscrimination m Federally assisted programs of the U S Department of
Transportation, Title 49, Code of Federal Regulations, Part 21 and T~tle 23, Code of
Federal Regulations, Part 710 405(b), as they may be amended from t~me to t~me
(heremafter referred to as the Regulations), which are herren ~ncorporated by reference
and made a part of this contract
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(2) Nondiscrimination The City, with regard to the work performed by it
dunng the contract, shall not d~scnmmate on the grounds of race, color, sex, or national
origin m the selection and retention of subcontractors, including procurements of
materials and leases ofeqmpment The C~ty shall not participate by Section 21 5 and Part
710 405(b) of the Regulations, including employment practices when the contract covers
a program set forth in Appendix B of the Regulations
(3) Sohmtatlons for Subcontracts, Includang Procurements of Materials and
Equipment In all sohcltatlons either by competitive bidding or negotmtlon made by the
City for work to be performed under a subcontract, ~ncluding procurements of materials
or leases of eqmpment, each potential subcontractor or suppher shall be notified by the
City of the City's oblagatlons under this contract and the Regulations relative to
nondiscrimination on the grounds of race color, sex, or national origin
(4) Information and Reports The City shall provide all information and
reports required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and Its facilities as
may be determined by the Texas Department of Transportation or the U S Department of
Transportation to be pertinent to ascertain compliance with such Regulations or
directives Where any ~nformatlon required ora City is ~n the exclusive possession of
another who falls or refuses to furnish this information, the City shall so certify to the
Texas Department of Transportation or the U S Department of Transportation, as
appropriate, and shall set forth what efforts it has made to obtmn the ~nformatlon
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26.
(5) Sanctions for Noncomphance In the event of the C~ty's noncomphance
w~th the nonthscnmlnat~on prows~ons of th~s contract, the Texas Department of
Transportation shall ~mpose such contract sanctions ~t or the U S Department of
Transportation may determine to be appropriate, ~ncludlng, but not hm~ted to
(a) w~thhold~ng of payments to the C~ty under the
contract until the City comphes and/or
(b) cancellatton, termination, or suspensmn of the
contract, ~n whole or in part
(6) Incorporation of Prowslons The C~ty shall ~nclude the prows~ons of
paragraphs (1) through (6) ~n every subcontract, ~nclud~ng procurements of materials and
leases of eqmpment, unless exempt by the Regulations or d~rectlves ~ssued pursuant
thereto The City shall take such action w~th respect to any subcontract or procurement as
the Texas Department of Transportation or the U S Department of Transportation may
d~rect as a means of enforcing such prows~ons ~nclud~ng sanctions for noncomphance,
provided however that ~n the event a C~ty becomes ~nvolved in, or ~s threatened wtth
ht~gatlon with a subcontractor or suppher as a result of such direction, the C~ty may
request the Texas Department of Transportation to enter ~nto such ht~ganon to protect the
interests of the State, and, in addition, the C~ty may request the Umted States to enter ~nto
such ht~gat~on to protect the interests of the Umted States
MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
It ~s the pohcy of the Department of Transportation that M~nonty Business Enterpnses as
d'efined m 49 CFR Part 2~ shall have the maximum opportunity to participate
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in the performance of contracts financed in whole or in part with Federal funds
Consequently, the Minority Business Enterprise requirement of 49 CFR Part 2~,~
,~, apply to this contract as follows
The City agrees to insure that Minority Business Enterprises as defined in 49 CFR 2~,
.S~opart-A.r, have the maximum opportunity to participate in the performance of contracts
and subcontracts financed in whole or in part with Federal funds In this regard, the City
and reasonable steps in accordance with 49 CFR Part 2~,
shall
take
all
necessa
_~,.~.~.~ ......... ~ ~ ~..~...°--'--- '~, ~., to insure that Minority Business Enterprises have the maximum
opportunity to compete for and perform contracts
The City and any Subcontractors shall not discriminate on the basis of race, color,
national ongm or sex in the award and performance of contracts funded in whole or part
with Federal funds
These requirements shall be physically included in any subcontract
Fmlure to carry out the requirements set forth above shall constitute a breach of contract
and, after the notification of the Department, may result ~n termination of the contract by
the State or other such remedy as the State deems appropriate
COMPLIANCE WITH LAWS
The City shall comply with all federal, state and local laws, statutes, ordinances, roles and
regulations, and the orders and decrees of any courts or admlmstrattve bodies or tribunals
In any manner affecting the performance of the agreement When required, the City shall
furnish the State with satisfactory proof of comphance therewith
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30.
The State will, for purpose of tennlnat~on of the agreement pnor to completion, examine
the books and records of the C~ty for the purpose of checking the amount of work
performed by the C~ty at the t~me of contract terrmnat~on The C~ty shall mmnta~n all
books, documents, papers, accounting records and other documentation relating to costs
~ncurred under tlus agreement, and shall make such materials avmlable to the State,
Federal H~ghway Adm~mstrat~on (FHWA) or their duly authorized representatives for
rewew and ~nspectlon at its office dunng the contract penod and for three (4) years from
the date of final acceptance of the work defined under th~s contract, or untd pending
htigat~on or audits are completely resolved Additionally, the State, FHWA and their
duly authorized representatives shall have access to all records of the C~ty which are
directly apphcable to this agreement for the purpose of making audits, exammat~ons,
excerpts and transcriptions
PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS
The City shall adhere to the procurement standards estabhshed T~tle 49 CFR Part 18 36
and the property management standards estabhshed ~n Title 49 CFR Part 18 32
The City shall maintain procurement standards wluch meet or exceed the reqmrements, as
appropnate, outhned ~n the Federal Office of Management and Budget C~rcular A-87,
Cost Pnnc~ples for State and Local Governments
SIGNATORY WARRANTY
The s~gnatones to th~s agreement warrant that each has the authonty to enter rote th~s
agreement on behalf of the party they represent
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IN TESTIMONY HEREOF, the part,es hereto have caused these presents to be executed ~n
duphcate counterparts
THE CITY OF DENTON, TEXAS
Approved as to form_
Herb ~routy, C~ty Attor~y
THE STATE OF TEXAS
Executed for the Executtve D~rector and
approved by the Texas Transportation
Commms~on for the purpose and effect of
activating and carrying out the orders,
established pohc~es or work programs
heretofore approved by the Texas
Transportation Commmslon
By
Je/~er t~/Soldano
Dlt{ector, Contract Servtces Ofhce
Date
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VAlUOUS
D~stnci VARIOUS
EXHIBIT A
TEXAS TRAN~PORTATXON COLSON
County MINU't~ORDER pag, 1 of ~ Psg~
WHEREAS, ~he PROIECT DEVELOPIVI~NT PLAN (the PDP) of the Texas Depa~h~nt
of Transpo~stion (the depamneat) is a ~en year plan which authorizes pwject pl,..m~ and
developm~; and
Wl~13,A~, th~ PDP is mbmi~ed to the Texas Tramponatton Commission (the
comm,~sion) for approval on an n~,~ basis; and
~lt~h%~, Minute Ozder 102992 dated Novembe~ 30, 1993 appwved *he handling of
balance alloe~ton pmgt~m~ for several of the ~,~*?gones of the PDP; and
WHEREAS. lVfinuta Order 102992 also dk_,~t__ed that any future program amounts for the
balance allocation pmsrsm~ be retemed to the attention of the commission f0~ approval, and
WHERH, AS, this action m consistent wtth the 1995-1999 Strategic Plan stratobS' to plan,
design, and ~"~"~_~e highway projects,
NOW. ~ORE, IT IS ORDBRED that the annual program amounts and allocaUon
form, d*s for the pt'ogr~ml listed in the following Exhibits be approved, and the projects
developed as part of the p~ogmm* bo developed by tho departme~ on an as-needed basis
Exhibit A - Cato~ry 2, Interstate
Exhibit B - Category 3. N~-inual Highway Sys?m
1999-2000 National Highway System P. ehabthtmon Program
Exh~lt C - Category 4, Suda~ Transpomuon Pros.~. (STP)
1998-1999 Fedm'al Hazard EPmm.t~on Program
1997 Federal Railroad Signal Prograin
1997 Federal ]~*.road School Bus Signal Pror~aa
1999-2000 STP UrbanTRural Rehabditaflon Program
F. xhbit D - Category 7, Prevenuve l~mntella~lce
1997 State l~eventive Mamteuance Pm~am
1997 District Prevenuve Id~tntpn.na6 l~ogt'am
Exhlbn E - Category 8, State Farm to Market Roads
1997 Farm to Market/Ranch to Market Road Paitabthtauou Program
Exhxbtt F - Category 9, State Park Roads
1998 State Park Road Program
Exhibit G - Category 10, State Rehabtlttauon of Signs, Signals and Pavement Markings
1997 Traffic Control Devices Program
1997 Rehabihtattou of Traffic M~..gament Systems Program
VARIOUS County
D~smct VARIOUS
~i'EXAS TRANSPORTATION COM1VIISSIO0
MIN'u'l~ ORDER
Page l of ~_
1997 Dlsa~onaty Program for NAFTA Related ProJ~.s
Bxhbtt I. Cat~goty 13D, Urban SU~t Pro,ram
1997 Urban Struet Pro, finn
F~da'olt K - ~ 14, Stat=
1997 Stme P..ehblhtauoa Pro.am
F. xhb~t L- Cattily 16, Misoellam~z
1997 Railroad Grade Crossing Repla~mg Program
1997 l~sdroad S~?,d Mam~mnoo Program
1997 ~ La~dsoape Program
1997-1998 Landscapo Co~t Sharm~ Pro, ram
IT IS FUR.TIcK ORDI~D "h~t lbo ExenmUve ~r ~s he.by authorized to proceed m
most feasible _..a econonaoal ~m~,,.~r vnth project development as approved harem to mc/ude any
n_~c_ _~_sary a~umm~ts, n~ht of way acqmslUon, utthty adj~ and rclocaUon ass,ntancc
Subm~t~ b7
D~cctor, Transpor',~On P~.--,-~ and
Programming DivmOn
D~ly ~ve DL'~tor for
~dmm~n~'atlVO S~"~cc~
lvlmute Number 106713
Date passed JAN 25 96
EXHIBIT I
CATEGORY I~D - URBAN S~ pROGRAM
1997 URBAN gi'lt~:~r PROGRAM
Description,
Th~s program addresse~ reconstmcuon and reswragon needs on aty slreets with
pop,;l~-om of 50,000 or more. Streets ,m,~t be classified as a collector or higher
All recoastmction and added capamty prolecm must be d~veloped in accordaace w~h
Ammcan Asso~tion of ~ Highway and Transportation Official's (A.~HTO)
ThLS pro.mn lapses on 8-31-2000
B~hof~ocaflo~
This program will be h~ndled ~ a b~n~' b~J,,,eo pwizam. Elig~ole prolecIs should be
developed by the Metropolitan Pl~nnin~ Org~izattol~ ~viPO) ~ d~mct level TxDOT
Policy
Consm~cflon fund m~t~_ .ha ~.~eh for purchase of r~ght-of-way and ut~ty adjustments
The city will pay I00 peo~t of ~onn sewer, curb aua gutter, sidew~, driveways,
ri~t-of-way, utility adju~m~ aad omrkonmeatal mitigation (Lo, so. nfl walls, etc.)
TxDOT will pay 80 percent of grading, base, pavemeat (no prevezmve m~,-t'm~n~e
prolects such as thin overlays and seal coaIs), c~oss drain%ye, pavemeat m~rt~n~, guard
feuce and o~her safety features. The city will pay 20 pe~cen~ of the above it_em~
Co~suitau~ may bo used for plans, sp~lfi~ons .,~1 ~,~.*,,~ preparation. Tho crees
will each'OW ~,~a, f~r ~e depmment to sd-'~--, ~.-~e a~d pay ~he co~s~Itanm on g~ose
projects that will bo m~,~ed by the de~amneat. A city may ~equ~t that lhey be allowed
tO prov~io complete plans, specifications and earim~t~, and m~e ~h~ conslmciton of a
project On g~ese projects, the department __will have oversight and audit responsibg~ty
Responsible d~vmion.
Tra, spo~alon pl~nmn~ and Pl'Ogrsmmm~ Division
EXHIBIT B
URBAN STREET PROJECT
Carroll Phase II
Feet
EXHIBIT
O IN CE O
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WiTH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
IMPROVEMENTS TO CARROLL BOULEVARD FROM COLLINS STREET TO
SHERMAN DRIVE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 That the City Manager as hereby authorized to execute an Agreement w~th
the Texas Department of TransportaUon for amprovements to Carroll Boulevard from Colhns
Street to Sherman Drive, wtuch as attached hereto and ~ncorporated by reference hereto
SECTION 2 That the expenditure of fimds as provaded ~n the attached Agreement ~s
hereby anthonzed
~ECTION 3 That fins ordinance shall become effective immediately upon ats passage
and approval
PASSED AND APPROVED this the /~ c~ dayof ~f~'~ ,1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY