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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 Page 1 of 18 09/21/99 S \TXDOT¥2ontract TXDOT Carroll Malone doc 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 Page 2 of 18 09/21/99 S \TXDOTXContract TXDOT Carroll Malone doc 3 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 Page 3 of 18 09/21/99 S \TXDOTXContract TXDOT Carroll Malone doc 7 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 Page 4 of 18 09/21/99 S \TXDOTXContraet TXDOT Carroll Malone doc 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 Page 5 of 18 09/21/99 s \TXDOT~Con~'act TXDOT Carroll Malone doc 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 Page 6 of 18 09/21/99 s \TXDOTkContract TXDOT Carroll Malone doc 10 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 Page 7 of 18 09/21/99 S \TXDOT~Contract TXDOT Carroll Malone doe 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 Page 8 of 18 09/21/99 s \TXDOT~Contract TXDOT Carroll Malone doc 12 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 Page 9 of 18 09/21/99 S \TXDOTXContract TXDOT Carroll Malone doc 14 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 Page l0 of 18 09/21/99 s \TXDOTxContract TXDOT Carroll Malone doe 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 Page 11 of 18 09/21/99 S \TXDOT~Contract TXDOT Carroll Malone doc 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 Page 12 of 18 09/21/99 S \TXDOTXContract TXDOT Carroll Malone 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 Page 13 of 18 09/21/99 s \TXDOT~Contract TXDOT Carroll Malone doe (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 09/21/99 s \TXDOT~Contract TXDOT Carroll Malone doc Page 14 of 18 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 Page 15 of 18 09/21/99 s \TXDOT~Contract TXDOT Carroll Malone doc 27, 28 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 INSPECTION OF BOOKS ANS RECORDS Page 16 of 18 09/21/99 S \TXDOT~Conh'act TXDOT Carcoll Malone doc 29 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 Page 17 of 18 09/21/99 s \TXDOTXConl~et TXDOT Carroll Malone doc 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 Page 18 of 18 09/21/99 S \TXDOTXContraet TXDOT Carroll Malone doc 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