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