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1999-422O IN CENO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO MALONE STREET FROM SCRIPTURE STREET TO U S 380, 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 ts hereby authorized to execute an Agreement w~th the Texas Department of Transportatton for ~mprovements to Malone Street from Scnpmre Street to U S 380, winch xs attached hereto and incorporated by reference hereto S]~CTION 2 That the expenditure of funds as prowded ~n the attached Agreement ~s hereby authorized SECTION 3 That this ordinance shall become effective ~mmedmtely upon ~ts passage and approval d yof ATTEST' JENNIFER WALTERS, CITY SECRETARY 7EPR~ ~TEDL ApSRTc 10JTLEy?ci~yF OA~I~oRNEY STATE OF TEXAS COUNTY OF TRAVIS Denton County De t~0~n CSJ 0918MtTJlg~9 IcT, P Malone Street From Scripture To US 380 URBAN STREET PROGRAM AGREEMENT THIS AGREEMENT ~s 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 C~tv Cotmcfl, hereinafter called the C~ty WITNESSETH WHEREAS, the ProJect Development Plan (PDP) ~s a ten year plan which authorizes project planmng and development, and WHEREAS, on the 25 Day of January. 1996, the Texas Transportation Commission passed Minute Order 106713, attached hereto and ~dentffied as Exhibit A, approwng the 1997 Urban Street Program, whmh addresses reconstruction and restoration needs on c~ty streets (collector and h~gher) within urbanized areas w~th populatmns of 50,000 or more, and WHEREAS, the State and the C~ty desire ~mprovements on Malone Street from Scripture to US 380, as shown ~n Extub~t B, to be hereinafter ~dent~fied as the ProJect, and WHEREAS, the Metropohtan Planning Organ~zatton (MPO) has selected th~s ProJect w~th the concurrence of the State, and WHEREAS, Exhibit J of Minute Order 106713 estabhshes the State share of funding for Page 1 of 18 09/21/99 s \TXDOT~Contcaet TXDOT Malone From Scrip doe Urban Street Program projects will not exceed eighty percent (80%) of the costs of its grading, base, pavement, cross drainage, pavement markings, guard fence and other safety features, and WHEREAS, Exhibit J of Minute Order 106713 establishes the City wall provide 20% of the costs for the heretofore mentioned items, and will pay one hundred percent (100%) of any storm sewer, curb and gutter, sidewalks, driveways, right-of-way, utility adjustments and environmental mitigation (1 e, sound walls, etc ), and WHEREAS, the City has offered to partlctpate in the development and construction of the ProJect by prepanng or causing to have prepared the prehm~nary eng~neenng and design plans, acqmnng the necessary right-of-way, providing relocation assistance, prepanng right-of- way descnptmn and value determ~natlon, accomphsh~ng the adjustment of utilities, condemning property, promdmg certfficatlons, providing enwronmental m~tlgatlon and providing other necessary items as reqmmd by the State, and WHEREAS, on theM day of Iql~lt~, 190j~, the Denton C~t¥ Council passed Resoluhon No~442g', attached hereto and ldentffied as "Exhibit C", authorizing the C~ty's partmlpatmn ~n the development of the ProJect, and WHEREAS, the State will prowde funding, review the engineering and right-of-way related ~tems, prowde construction oversight and other ~tems as reqmred AGREEMENT NOW, THEREFORE, ~n consideration of the premises and of the mutual covenants and agreements of the parhes hereto, to be by them respectively kept and performed as hereinafter set forth, it ~s agreed as follows Page 2 of 18 09/21/99 S \TXDOTXContraet TXDOT Malone From Scrip doc 2 CONTRACT PERIOD Th~s agreement becomes effective upon final execution by the State and shall terminate upon completion of the Proj eot or unless terminated or modffied as hereinafter provided SCOPE OF PROJECT The State and the C~ty agree that the scope of the Project shall be hm~ted to the scope authorized by the Texas Transportation Commission 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 acquire the desired right-of-way reqmred for the construction of the Project The C~ty wall comply with all reqmrements of T~tle II and Title III of the Uniform Relocation Asmstance and Real Property Acqms~taon Pohcies Act of 1970, Title 42 U S C A Section 4601, et seq, including those prowsions relating to incidental expenses recurred by the property owners, and benefits apphcable to the relocation of any d~splaced person as defined ~n 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 rewew and ~nspect~on The City shall secure easements over any land in addmon to normal right-of- way as may be inchcated on the approved right-of-way map The C~ty wall be responsible for any add~tlonal right-of-way reqmred for the completion of the Proj eot RIGHT-OF-WAY DESCRIPTION In the event right-of-way needs arise, the City will prepare right-of-way maps, property Page 3 of 18 09/21/99 s \TXDOT\Contraet TXDOT Malone From Scrip doe 5 6 descriptions and other data as needed to properly describe the right-of-way whach the City as to acquire and provide for the ProJect The right-of-way maps and property de$cnptaons shall be submitted to the State for approval prior to the City acqumng the necessary right-of-way Tracings of the right-of-way maps shall be retmned by the City for its permanent records UTILITY ADJUSTMENTS/RELOCATIONS If the required right-of-way encroaches upon ex~stmg utilities and the proposed highway constmctaon requires the adjustment, removal or relocation of such utlhty facilities, the City will establish the necessary utility work ~n accordance with 43 TAC, Sec 21 31- 21 53, if apphcable, and notify the affected utility compames of the reqmred work Unless otherwise provided by the owners of the utility facilities, the City shall be responsable for the adjustment, removal or relocation of such utility facllltmS in accordance with apphcable State law, regulations, pohc~es and procedures In the event additional utflatles are required to be adjusted, removed or relocated dunng the construction of the ProJect, the City will be responsible for accomphsh~ng the additional utlhty work, unless thas work as provided by the owners of the utflaty facilities CERTIFICATION The City shall provide 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 envaronmental problems have been remedied, and all conflicting utlhtles have been adjusted to clear the proposed construction ENVIRONMENTAL MITIGATION Page 4 of 18 09/21/99 s \TXDOTXContract TXDOT Malone From Scrip 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 involve, but not be limited to studies related to the following 1 public involvement 2 Environmental Impact Stuches 3 Environmental Assessments 4 apphcable environmental documents discussing social, economic and environmental impacts of the proposed project 5 noise analysis 6 mr quality analysis 7 4(f) lands such as public parks, recreational areas, wfldhfe/waterfowl refuges 8 historical and archeologlcal sites as regulated by the State H~stoncal 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 13 apphcable permits from U S Corps of Engineers B In addition, the City will be responsible for the assessment, remedlatIon and/or disposal of regulated materials encountered prior to and during construction, which may include but not be limited to the following 1 2 3 4 5 asbestos containing materials as regulated in 40 Code of Federal Regulations (CFR) 763 polychlonnated biphenols as regulated by 40 CFR 761 petroleum (1 e gasoline and diesel) contaminated soils as regulated by 31 Texas Administrative Code 334 Hazardous Waste as defined in 40 CFR 261 Class I and II waste as regulated by Texas National Resource Conservation Commission Page 5 of 18 09/21/99 S \TXDOT\Contract TXDOT Malone From Scrip doc 6, ~nfect~ous or blood borne pathogen waste 7 radioactive waste 8 all Comprehensive Environmental Response and Comprehensive L~ab~hty Acts as ~dentffied ~n 40 CFR 300-399 The C~ty will not let the construction contract untd all known enwronmental problems have been remedlated ENGINEERING RESPONSIBILITIES A The C~ty will prepare or cause to have prepared the ProJect's prehm~nary engmeenng necessary for the development of the plans, spemficat~ons and estimate (P S & E ) Development of the prehm~nary eng~neenng shall ~nclude a schematm, an enwronmental assessment and assistance to the State in conducting pubhc hearings, as reqmred B The P S & E shall be developed by the C~ty ~n accordance w~th the latest edition and rews~ons of the American Assomat~on of State H~ghway and Transportation Officials' (AASHTO) Standards established in AASHTO's A Pohcy On Geometric Design of H~ghways and Streets, the State's Standard Spemficatmns for Constructmn of Highways, Streets and Bridges, and The Texas Manual on Umform Traffic Control Dewces (TMUTCD) Pavement restoration projects w~ll be developed to emst~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 City will not let the construction contract until the P S & E has been approved by the State CONSTRUCTION RESPONSIBILITIES A The C~ty shall advertise for construction b~ds, ~ssue b~d proposals, receive and Page 6 of 18 09/21/99 S \TXDOT~Contract TXDOT Malone From Scrip doc 10. 11 tabulate the b~ds and award a contract for construction of the ProJect in accordance w~th the City's existing procedures as approved by the State and applicable laws Any field changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibthty of the City and subject to the approval of the State B The City will supervise and ~nspect all work performed by the construction contractor and will provide such eng~neenng, ~nspectlon and testing services as may be reqmred to ensure that the construction of the ProJect is accomphshed ~n accordance w~th the approved P S & E The State w~ll prowde overs~te inspection at ~t's d~scretlon C Upon completion of the ProJect, the C~ty w~ll ~ssue to the State a "Notfficat~on of Completion", acknowledging that the Project has been completed MAINTENANCE RESPONSIBILITIES Upon completmn of the ProJect, the City wdl maintain responslb~hty for maintenance of the completed roadway facthty FUNDING RESPONSIBILITIES A The estimated construction costs assocmted w~th this Project, lnclud~ng construction engineering and testing services, ~s $231,000 The estimated cost for/S/ate B In the event right-of-way is reqmred for th~s project, funding for ngm-of-way related items, including, but not hm~ted to, the process of acqmsmon and secunng of easements, acquls~t~on, relocation, right-of-way description and value determlnat~on, utility adjustments, condemnation, certfficatlons and enwronmental m~tigation items Page 7 of 18 09/21/99 s \TXDOT\Contmct TXDOT Malone From Scrip doc listed in Article 7, here above, will be the sole responsibility of the City C The State will be responsible for securing the State share of funding required for the construction of the ProJect The maximum amount payable by the State for this project is the lesser of 80% of reimbursable costs or $162,000 The City will be responsible for any non-State participation costs associated with the ProJect D Upon execution ofth~s agreement, the City will, within 30 days, submit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $2,310 This amount is based on one hundred percent (100%) of the estimated State review costs These funds will be utilized by the State to rewew the englne, enng documentation and cover other incidental costs E. ~.:-:7, (60) dr.) z p.-.zr tz t.h: datz zzt by t.hz C:ty fzr bids, the State will notify the City to make available funding reqmred fof.~.~nstmctlon of the Project The City shall remit a check or warrant payee "Texas o, Tr nspo at,on" in the amo t specified bYTqual t° °' the t°tal estamated c°nstructm c°~__ t ~must.b~.mfdl 71thru t~Tt~Y (301 d~s._°f receipt o f the State, s wr~a~ffcatlon The ¢~ty ah_an rune ~n ~n-St~te pmlcIyatIon costs of any ~ge orders or cost overruns Payment for thele.ch~ge yrders or Zmust also be made w~thln thirty (30) days of recmpt of the State's written F The State will perform an audit of all costs associated with the ProJect upon completion In the event additional funding is required from the City at anytime dunng the development of the ProJect, the City will provide the funds within thirty (30) days Page 8 of 18 09/21/99 S \TXDOTXContraet TXDOT Malone Flora Scrip doc 12. 13 from receipt of the State's written notfficat~on In the event any funds are due the C~ty, the State will promptly make arrangements to prowde the funds to the C~ty OWNERSHIP OF DOCUMENTS Upon completion or termination of tbas agreement, all documents prepared by the C~ty shall remmn the property of the City and all documents prepared by the State shall remmn the property of the State All data prepared under th~s agreement shall be made available to the State without restriction or hmitat~on on their further use TERMINATION A This agreement may be terminated by any of the following conditions (1) By mutual written agreement and consent of both parties (2) By either party, upon the failure of the other party to fulfill the obhgat~on as set forth here~n (3) By the State if it is determined that performance of the ProJect is not in the best ~nterest of the State If the agreement is terminated ~n accordance w~th the above provisions, the City will be responsible for the payment of ProJect costs incurred by the State on behalf of the C~t~ up to the time of termination (4) Upon completion of the terms of th~s agreement B The termination of this agreement shall extlngmsh all rights, duties, obhgatlons and liabilities of the State and City under th~s agreement If the potential term~nation of this agreement is due to the failure of the City to fulfill its contractual obhgat~ons as set forth herein, the State will notify the C~ty that possible breach of contract has occurred Page 9 of 18 09/21/99 s \TXDOT~Contract TXDOT Malone From Scrip doc 14 15 16 17 The City should make every effort to remedy the breach as outhned by the State w~th~n a period mutually agreed upon by both parties INDEMNIFICATION The C~ty acknowledges that it is not an agent, servant, or employee of the State, and that ~t is responstble for ~ts own acts, forbearance, neghgence and deeds, and for those of its agents or employees in conjunction w~th the performance of work covered under th~s agreement AMENDMENTS Any changes in the time frame, character, agreement provisions or obhgat~ons of the parties hereto shall be enacted by written amendment executed by both the City and the State LEGAL CONSTRUCTION In case one or more of the provisions contained m this agreement shall for any reason be held mvahd, illegal or unenforceable m any respect, such invalidity, lllegahty or unenforceabthty shall not affect any other prows~ons hereof and th~s agreement shall be construed as ff such lnvahd, illegal or unenforceable provision had never been contained hereto NOTICES All notices to e~ther party by the other required under thru agreement shall be dehvered personally or sent by certffied U S mall, postage prepmd, addressed to such party at the following respective addresses State Texas Department of Transportation City The City of Denton, Texas Page 10 of 18 09/21/99 S \TXDOT~Con~act TXDOT Malone From Senp doe Attention Claude P Elsom III, P E Area Engtneer 2624 E Prame Denton, TX 76201 Texas Department of Transportation 4777 E-Hwy 80 Mesqmte, TX 75150-6643 Attention Jerry Clark, P E Director of Eng & Transportation City Hall West 221 N Elm Denton, TX 76201 All notices shall be deemed given on the date so dehvered or so deposited in the mall, unless otherwise prowded herein Either party hereto may change the above address by sendmg written notice of such change to the other m the manner provided herem 18 19 2O SOLE AGREEMENT Th~s agreement constitutes the sole and only agreement between the part,es hereto and supersedes any prior understanthngs or written or oral agreements respecting the w~thln subject matter AUDIT The City shall comply with the requirements of OMB Circular A-133, "Audit Reqmrements for State and Local Governments," and shall promptly fum~sh the State a copy of each audit report The City shall be responsible for any funds determined to be ~nehg~ble for federal reimbursement, and shall reimburse the State the amount of any such funds previously prowded to it by the State DISPUTES The C~ty shall be responsible for the settlement of all contractual and admlmstratlve issues arising out of procurement entered ~nto an support of contract work Page ll of 18 09/21/99 s \TXDOT~Contract TXDOT Malone From Scrip doc 21. In the event of a d~spute concermng the work performed hereunder the Executive Director of the State shall act as referee, and his decision shall be final and binding Arly dispute concerning the work performed hereunder, the cost of work performed hereunder, or any non-procurement ~ssue shall be settled in accordance with T~tle 43, Texas Administrative Code, Section 1 68, "Contract Claim Procedure" SUBCONTRACTS Any subcontract for services rendered by individuals or organizations not a part of the City's organization 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 in excess of $25,000 shall contain all reqmred prows~ons of this contract No subcontract will relieve the C~ty of its respons~bd~ty under this contract 22 23 REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the contract Any mcreased cost arising from the termination shall be paid by the City This agreement shall not be considered as specifying the exclusive remedy for any dispute, but all remedies ex~st~ng at law and in equity may be avmled of by either party and shall be cumulative EQUAL EMPLOYMENT OPPORTUNITY Page 12 of 18 09/21/99 s \TXDOTXContract TXDOT Malone From Scrip doc 24 25 The City agrees to comply w~th Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented ~n Department of Labor Regulations (41 CFR 60) DEBARMENT/SUSPENSION The City as prohibited from making any award or permitting any award at any tier to any party which as debarred or suspended or otherwise excluded from or mehglble for partlmpation m federal assistance programs under Executive Order 12549, Debarment and Suspension The C~ty shall require any party to a subcontract or purchase order awarded under th~s contract as specified ~n Title 49 of the Code of Federal Regulations, Part 29 (Debarment and Suspension) to certify tts ehg~bthty to receive federal funds and, when requested by the State, to fummh a copy of the certification CIVIL RIGHTS/NONDISCRIMINATION Dunng the performance of tins contract, the Ctty, for itself, its assignees and successors ~n interest (hereinafter referred to as the "City"), agrees as follows (1) Comphance with Regulations The City shall comply with the regulatxons relative to nondiscrimination m Federally assisted programs of the U S Department of Transportation, Title 49, Code of Federal Regulations, Part 21 and Title 23, Code of Federal Regulations, Part 710 405(b), as they may be amended from tame to tame (hereinafter referred to as the Regulations), which are here~n incorporated by reference and made a part of this contract Page 13 of 18 09/21/99 S \TXDOT~Con~vact TXDOT Malone From Scrip doc (2) Nondiscrimination The City, with regard to the work performed by it dunng the contract, shall not discriminate on the grounds of race, color, sex, or national ongm m the select~on and retention of subcontractors, lncluchng procurements of materials and leases of eqmpment The City shall not partmlpate by Section 21 5 and Part 710 405(b) of the Regulations, including employment practices when the contract covers a program set forth m Appendix B of the Regulations (3) Solicitations for Subcontracts, Including Procurements of Materials and Eqmpment In all sohc~tatlons e~ther by competitive bidding or negotiation made by the City for work to be performed under a subcontract, ~ncludlng procurements of materials or leases of equipment, each potentml subcontractor or supplier shall be notffied by the C~ty of the City's obhgatlons 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 reqmred by the Regulations, or directives issued pursuant thereto, and shall permit access to ~ts books, records, accounts, other sources of information, and 1ts 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 dtrect~ves Where any ~nformat~on reqmred of a City is in the exclusive possession of another who fails or refuses to fmmsh this information, the C~ty shall so certify to the Texas Department of Transportation or the U S Department of Transportation, as appropriate, and shall set forth what efforts ~t has made to obtmn the mformatmn Page 14 of 18 09/21/99 s \TXDOTXContraet TXDOT Malone From Senp doe 26 (5) Sanctions for Noncomphance In the event of the City's noncompliance with the nondiscrimination provisions of this contract, the Texas Department of Transportation shall impose such contract sanctions ~t or the U S Department of Transportation may determine to be appropriate, including, but not hmited to (a) withholding of payments to the City under the contract until the City complies and/or (b) cancellation, termination, or suspension of the contract, in whole or ~n part (6) Incorporation of Provisions The City shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto The City shall take such action with respect to any subcontract or procurement as the Texas Department of Transportation or the U S Department &Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance, prowded however that an the event a City becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such d~rection, the City may request the Texas Department of Transportation to enter into such lmgatlon to protect the ~nterests of the State, and, in addmon, the City may request the Umted States to enter into such htlgat~on to protect the interests of the United States MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS It is the policy of the Department of Transportatmn that Minority Business Enterprises as defined ~n 49 CFR Part 2~, shall have the maximum opportunity to partm~pate Page 15 of 18 09/21/99 s \TXDOT~Contract TXDOT Malone From Senp doe 27. in the performance of contracts financed in whole or in part with Federal funds Consequently, the Mmonty Business Enterprise requirement of 49 CFR Part 2J(! ~x~ ......... .opmt ~, apply to this contract as follows The C~ty agrees to insure that Minority Business Enterprises as defined ~n 49 CFR 2~, or ~n art w~th Federal funds In th~s re ard, the C~t 0 ~nhtraa~ist~a~mca~ldml~mw~e°rtunl~ t° participate in the perf°rmanc~ °f c°ntract~ /~ ! shall take all necessary and reasonable steps in accordance with 49 CFR Part 2~t,~ ~,i~h~o, v'e ,,f ~,d~,~,~ i ~, to ~nsure that M~nonty Business Enterprises have the maximum opportumty to compete for and perform contracts The C~ty and any Subcontractors shall not discriminate on the basis of race, color, national ongm or sex ~n the award and performance of contracts funded in whole or part wlth Federal funds These reqmrements shall be physically included in any subcontract Fmlure to carry out the requirements set forth above shall constnute a breach of contract and, after the notification of the Department, may result m termination of the contract by the State or other such remedy as the State deems appropriate COMPLIANCE WITI-I LAWS The C~ty shall comply w~th all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bothes or tribunals ~n any manner affecting the performance of the agreement When required, the City shall furmsh the State w~th satisfactory proof of eomphance therewith INSPECTION OF BOOKS ANS RECORDS Page 16 of 18 09/21/99 s \TXDOT\Contract TXDOT Malone From Senp doe 29 3O The State will, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of work performed by the City at the t~me of contract termination The City shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement, and shall make such materials available to the State, Federal Highway Admunstratlon (FHWA) or their duly authorized representatives for review and inspection at its office dunng the contract period and for three (4) years from the date of final acceptance of the work defined under this contract, or until pending litigation or audits are completely resolved Additionally, the State, FHWA and their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established Title 49 CFR Part 18 36 and the property management standards established in Title 49 CFR Part 18 32 The City shall mamtmn procurement standards which meet or exceed the requirements, as appropnate, outlined in the Federal Office of Management and Budget Circular A-87, Cost Pnnclples for State and Local Governments SIGNATORY WARRANTY The signatories to this agreement warrant that each has the authority to enter into th~s agreement on behalf of the party they represent Page 17 of 18 09/21/99 s \TXDOT~Contract TXDOT Malone From Stop doc IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed duphcate counterparts THE CITY OF DENTON, TEXAS Approved as to form Herb P~)uty, Clty Atto~ey THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission for the purpose and effect of acuvatmg and carrying out the orders, established pohmes or work programs heretofore approved by the Texas Transportation Commission By Date Page 18 of 18 09/21/99 S \TXDOT~Contract TXDOT Malone From Scrip doc VARIOUS D~nct VARIOUS EXHIBIT A TEXAS TRANSPORTATION COMMISSION Coumy ~ ORDER P~go I of ? P~ge~ WI~REAS, the PROIECT DEVELOPMENT PLAN (.the PDP) of the Texas Depanmem of Transportation (tho daparmleat) gsa ten year plan which anthonzes project pl~nmng ami developamat, and Vctt,'/,RF. AS, the PDP is ~uban_-__~_ to the Texas Transportmon Cowra,gswn (the ~omm~g-~llOn) for approval on an :~nn. al basis, aad VCI~REAS, Minut~ Order 102992 a,t,~ November 30, 1993 appwved the b~nd!mg of bal~k balance alloea~tion progrnmi for several of the ~t,,gones of the PDP, and WHEREAS, M'muta Order 102992 also chre~__~ that any future program amounts for the bank balance allocation progrsm* be returned to the ~_-_e~,-on of the commission for approval, and WHEREAS, this action ~s consistent with the 1995-1999 Stralegm Plan strategy to plan, de~lgll, nnd mnnl~e highway projects, NOW, 'r- ~v,~FORE, IT IS ORDF~FY) that the ~--,~ program amounts and allocanon formulas for the progmm~ lmted m the following Exhth~ts be approved, and the projects developed as pan of the progrsm~ be developed by the departm~,~t on an as-needed bas~s Exhlb~t A - Category 2, Interstate ~ 19994000 Intemate Rehabflu~aion Program Exhibit B - Category 3, National H~.,hway System 1999-2000 NaUonal H~.hway System Rehabd~tmon Program C - Category 4, Surface Trampomuon Program (STP) 1998-1999 Federal H*~rd Ebro,nit, on Program 1997 Federal Rmlroad Signal Program 1997 Federal Rmlroad School Bus S~mal Pro~,~ 19~9-2000 STP Urban/Rural Rehabflmmon Program D - Category 7, PrevanUve M~,nto-uallce 1997 State Prevenuve Mamte~_nce Program 1997 District PrevenUve Mawt~nce Program Exhibit E - Category 8, State Farm to Market Roads 1997 Farm to Market/Ranch to Market Road R~habflflatiou Program Exhibit F - Category 9, State Park Roads 1998 State Park Road Program Exhibit O - Category I0, State Rehabilitation of Signs, Signals and Pavement Markings 1997 Traffic Control Devlce~ Program 1997 RehabflltaUon of Traffic M~nngement Systems Program VARIOUS County D~s~¢t VARIOUS 'EXAS TRANSPORTATION COMMISSIO~ MINUTE ORDER Page 2 of _2 1997 D~scr~aona~ Program for NAFTA Related Projects Exhbtt J. Category 13D, Urban S~ Program 1997 Urban Street Pro~rmn Exlnblt K - Catego~ 14, State Rehab~htaUon 1997 State Rehab~hta~on Program Exhb~t L - Category 16, ~llanoous 1997 P~ulroad Grade Crossing Rephnkmg Program 1997 Rmlroad Signal Mamtenanco Program 1997 ConsUuctmn Landsca~ Prol~m 1997.1998 Landscape Cost Sharing Program FI' IS FUE.THER ORDERED that thc ExecuUv¢ Dtrector ~s hereby author~cd to procecd tn the most feamblc and econonucal manner w~th pro~ect dcvclopmcnt as approved hcrcm to include any necessary agrcem~ts, nght of way acqmsmon, utthty adJUStments and rclocat~on a~s~stancc Subrm~ed by Dtrector, Transpor~ation PJnnnm~ snd Pro~rammmg D~wston Deputy ExecuUve Du'eclor for ,~dmm~'~tlV¢ SerVICeS ExecuUve Dwector Minute Number 10~713 Date Passed lAN 25 96 KXHIBIT I CATEGORY I~D - URBAN STREET PROGRAM 1997 URBAN ~T~R~T PROGRAM D~cnp~on This pwgram addresses reconstmcuon and restoration needs on aty stree~ w~th popuhuom of 50,1)00 or more Streets must be classified as a collector or higher All recomtrucaon and added capacity projects must be developed in accordance w~th American Assocaation of State Htghway and Transportation Official's (AASHTO) This program lapses on 8-31-2000 (Alloc~ons ~o &stncts ~-~e~ed) Onclude~ local 20% Basra of alice_ ~om Tins program will be handled as a b=nt- b=lan~ program Ehg~ble projects should be developed by the Me~'opohtan pl~nmng Org=m~-ons (IvlPO) with dusmct level TxDOT concurrence on an as needed bm,* Pohcy ComtmcUon fund m~toh ~nd match for purchase of nght-of-way and uuhty adjustments xs as ~llows The cuty will pay 100 percent of ~torm sewer, curb and gutter, sulewalks, driveways, right-of-way, utility adju~mumts and emuronmeatal nuugaUon 0 e, so,,-~ walls, etc ) Tr, DOT will pay 80 percent of grading, base, pavemeat (no prevenuve maintenance projects such as shin overlays u_nd seal coats), c~oss drum~!e, pavement m~rh%~s, guard fence and o~her safety fea;,xes The c~ty wall pay 20 percent of the above ~tems Comultants may be used for plans, specfii¢~t,ons una esnmut~ preparaUon The crees will esc~'ow fi,nas for the deparUnent to select, m~n~o'O and pay the consultan~ on those project~ that wtll be rnunu~ed by the departmeut A aty may request that they be allowed to proxude complete plans, spec~ficauons and esnmut~, and mun~e tho COll.Sl~ction of a project. On these projects, ~he department __will have oversight and au&t respomibdIty Responsible &vmon EXHIBIT B 40~ ieet ~ URBAN STREET PROJECT ~ ) Malone ~ ~Y ., / EXHIBIT C O N,*CENO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO MALONE STREET FROM SCRIPTURE STREET TO U S 380, 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 Ctty Manager ns hereby authorized to execute an Agreement w~th the Texas Department of Transportation for zmprovements to Malone Street from Scripture Street to U S 380, whzch ~s attached hereto and incorporated by reference here~n SECTION 2 That the expenditure of funds as prowded ~n the attached Agreement hereby authorized SECTION 3 That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the /~ ~'~/~ day of ~'/z~/-~.tr]'~ , 1999 t, ATTEST JENNIFER WALTERS, CITY SECRETARY