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1997-135CMAQ ORD ORDINANCE NO q '~" 1~..~ 5 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE FOUR AGREEMENTS BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE STUDY AND IMPROVEMENT OF FOUR INTERSECTIONS WITHIN THE CITY LIMITS OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the C~ty Manager is hereby authorized to execute four Congestion M~t~gation and A~r Quality Improvements Agreements between the C~ty of Denton and the Texas Department of Transportation for the furmstung and lnstalhng of traffic s~gnals, and the Clty lS authorized to part~clpate in the development and construction of the project as set forth ~n the Agreements, copies of which ~s attached hereto and incorporated by reference herein SECTION II That the City Council hereby authorizes the expenditures of funds as provided in the Agreements SECTION III That this or&nance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED tins the (,g'l~daday of .~/_~ ,1997 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM Denton County_ CSJ 0081~04.~1 US 377 AT IH 35E STATE OF TEXAS * COUNTY OF TRAVIS * AOREEMENT (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM) THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of Denton, Texas, acting by and through the Denton City Council, hereinafter called the "City" WITNES SETH WHEREAS, the Intermodal Surface Transportation Efficiency Act of 3991, ("ISTEA") codified under Title 23 U S C Section 101 et seq , establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner, and WHEREAS, T~tle 23 U S C Sectlon 149 establishes a congestion mitigation and air quality ~mprovement program ("CM_AQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies, and WHEREAS, Title 23 U S C Section 134 establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies develop transportation plans and programs for urbanized areas of the State, and WHEREAS, the State and the City desire improvements to US 377 at IH 35E intersection, as shown ~n "Exhibit A", to be hereinafter identified as the "Project", and WHEREAS, Title 23 U S C Section 120 establishes that the Federal share of funding for CMAQ programs w~ll not exceed eighty percent (80%) of the Pro3ect cost, and WHEREAS, the City has offered to participate in the development and Page 1 o~ 8 10/14/96 construction of the Pro]ect by providing funding and other necessary items as required by the State, and WHEREAS, on the 6th day of May , 199__~, the Denton City Council passed Resolution No 97-135 , attached hereto and identified as "Exhibit B", authorizing the City's participation in the development of the Project, and WHEREAS, the State will secure the Federal cost share, prepare the preliminary engineering and design plans, let the construction contract, provide the construction inspection, and provide other items as required, and WHEREAS, on the 29 day of July , 1993, the Texas Transportation Commission passed Minute Order 102542 , attached hereto and identified as "Exhibit C", authorizing the Project throuqh the State Transportation Improvement Program, AGREEMENT NOW, THEREFOP. E, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided 2 ~ A The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission B The Project will be designated as a ~T~ for the limited purpose of constructing the roadway facility, however, any existing city street within the limits qf the Fro3ect will not be designated or incorporated therein prior to the State's award of the construction contract C The City will continue to provide maintenance for all city roads within the limits of the Project until the State's award of the construction contract Page 2 of 8 10/14/96 3 UTILITY ADJUSTMENTS/RELOCATIONS In the event the proposed highway construction requires the ad]ustment, removal or relocation of utility facilities, the State will establish the necessary utility work in accordance with 43 TAC Sec 21 31 21 53, if applicable, and notify the affected utility companies of the required work Unless otherwise provided by the owners of the utility facilities, the State shall be responsible for the adjustment, removal or relocation of such utility facilities in accordance with applicable State law, regulations, pollcles and procedures In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Pro3eet, the State will be responsible for accomplishing the addlt:onal utility work, unless this work is provided by the owners of the utility facilities 4 E~VIRONMENTAL MITIGATION A The State will be responsible for the mitigation and remedlatlon of any environmental problems associated with the development and constructIon of the Pro]ect These may involve, but not be limited to studies related to the following 1 public involvement 2 Environmental Impact Studies 3 Environmental Assessments applicable environmental documents discussing social, economic and environmental impacts of the proposed project 5 noise analysis 6 air quality analysls 7 4(f) lands such as public parks, recreational areas, wildlife/waterfowl refuges 8 historical and archeologlcal 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 specles as regulated by TPW and U S Fish and Wildlife 12 erosion control and applicable National Pollution Discharge Elimination System (NPDES) 13 applicable permits from U S Corps of Engineers B In addition, the State will be responsible for the assessment, remedlatlon and/or disposal of regulated materials encountered prior to and durlng construction, which may include but not be limited to the following 1 asbestos containing materials as regulated in 40 Code of Federal Regulations (CFR) 763 Page 3 of 8 10/14/96 2 polychlorlnated blphenols as requlated by 40 CFR 761 3 petroleum (1 e gasollne and diesel) contaminated soils as regulated by 31 Texas Adhnlnlstratlve Code 334 4 Hazardous Waste as defined in 40 CFR 261 5 Class I and II waste as regulated by Texas Natlona] Resource Conservation Commission 6 Infectious or blood borne pathogen waste 7 radioactive waste 8 all Comprehensive Environmental Response and Comprehensive Liability Acts as identified in 40 CFR 300 399 The State will not let the construction contract until all known environmental problems have been remedlated 5 ENGINEERING RESPONSIBILITIES A The State will prepare the Pro3ect's prel±mlnary engineering necessary for the development of the plans, specifications and estimate (P S & E ) Development of the preliminary engineering shall include an FHWA approved schematic, an environmental assessment and conducting of public hearings as requlred B The P S & E shall be developed by the State or its consultant in accordance with the latest edition and revisions of the State's 0Deratlons add Procedures Manual, the State's StaDdard Specifications for Construction of H%Ghwavs, Streets and BridGes, and The Texas Manual on Uniform Traffic Control DlVlCeS (TMUTCD) For all items not discussed in the above documents, the ~Jaerlcan Association of State Highway and Transportation Officials' A Potlcv On Geometric DesiGn of Hlchwavs and Streets shall be referenced for guidance 6 CONSTRUCTION RESPONSIBILITIES A The State shall advertise for constructIon bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures and applicable laws Any field changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the State B The State will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Page 4 of 8 10/14/96 Pro3ect is accomplished in accordance with the approved P S & E The City will be allowed to review the construction work provided the review does not lnteufere with the work being performed by the State's contrdctor C Upon completion of the Pro3ect, the State will issue to the City a "Notification of Completion", acknowledging that the Pro3ect has been completed 7 FUNDING RESPONSIBILITIES /~ A The ltem~ subject to Federal reimbursement for this Project ~ ~r~l~i~zy &n~i~, ~ ~ & E ~epara~i~h,-~d construction The estimated cost of ~h~e--m~m~ ~s ~ --,~-- CO~zon~e~mi shall include construction engineering and testing serv'~~''' -//~;~ B The State will be responsible for securzng the 5ederal share of funding required for the~Constructlon of the Prosect The C~ty will be responslble~y non ~de~al participation costs associated wlth the Project C Upon execution of this agreement, the City will submit a check or warrant made payable to the "Texas Department of Transportation" ~n the ~ount of $ 5,520 This ~ount is based on forty slx percent (46%) of the estimated engineering costs These funds will be utilized by the State to prepare the engineering documentation and cover other ~n(ldental costs D Sixty (60) days prior to the date set by the State for reclept of the construction bids, the State will notify the City to make available funding required for the construction of the Pro3ect The City shall remit a check or warrant payable to the "Texas Department of TransDortat~on" in the amount specified by the State equal to forty slx percent (46%) of the total estimated construction cost Pa~ent must be made within thirty (30) days of receipt of the State's written notification The City contribution ~s estimated to be $ 19.780 The City shall fund all non-federal and non state participation costs of any and all change orders or cost overruns Pa~ent for these change orders or cost overruns must also be made within thirty (30) days of receipt of the State's written notification Page 5 of 8 10/14/96 E The State will perform an audit of all costs associated with the Prosect upon completion In the event additional funding ~s required by the City at anytlme during the development of the Pro3ect~ the City will provide the funds within thirty (30) days from receipt of the Sta~e's written notification In the event any funds a~e due the City, the State/w~l promptly make arrangements to provlde the funds to the ~IRECT COST RECOVERY PLAN Sectl~106 001 et seq , Gover~ent Code, V~~e An~t~ed, $ 2.15 f the ~s written notification ~ /~--~ ~ 9 OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, ail documents prepared by the Clty shall remain the property of the City and all documents prepared by the State shall remain the property of the gtate All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use 10 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 obligation as set forth here~n B The termination of th~s agreement shall extinguish all r~ghts, duties, obligations and liabilities of the State and C~ty under this agreement If the potential termination of this agreement is due to the failure of the City to fulflll ~ts contractual obligations as set forth herein, the State will not~fy the City that possible breach of contract has occurred The Page 6 of 8 10/14/96 City should make every effort to remedy the breach as outlined by the State wlthln a period mutually agreed upon by both parties The City acknowledges that it is not an agent, servant, or employee of the State, and that it is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in con3unct]on with the performance of work covered under this agreement 12 AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by w~ltten amendment executed by both the City and the State 13 LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held lnvalld, illegal or unenforceable in any respect, such invalidity, illegality or unenforceablllty shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein 14 ~OTICES All notices to either party by the other requlred under thls agreement shall be delivered personally or sent by certified U S mall, postage prepaid, addressed to such party at the following respective addresses State Texas Department of Transportation Attention Director of Transportation Planning and Development 9700 East R L Thornton Dallas, TX 75228 City The City of Denton, Texas 215 East McKlnney Street Denton, Texas 76201 All notices shall be deemed given on the date so dellvered or so deposited in the mall, unless otherwise provided hereln Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein Page 7 of 8 10/14/96 15 SOLE AGREEMENT Thls agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandIngs o~ written or ora/ agreements respecting the within subject matter IN TESTIMONY HEREO~, the part]es hereto have caused these presents to be executed n duplicate counterparts THE CITY OF DENTON, TEXAS T~d Benav~des Typed Name Clty %/anage r THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas T~ansportat]on Commission under the authority of Minute Order No 100002 and A~m4~TT~rative ~ula~-~, for the purpose and effect of actlvatln~ and carryln~ out the orders, -~%Fta~lLshed pollcles or work pro,rams heretofore approved by the Pexas Transportation Commission Page 8 of 8 10/14/96 EXHIBIT A CNIAQ "EXHIBIT B" oRDINANcE No ? AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE FOUR AGREEMENTS BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE STUDY AND IMPROVEMENT OF FOUR INTERSECTIONS WITHIN THE CITY LIMITS OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE w - THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager Is hereby authorized to execute four Congestion Mlt:gation arid Au' Quality Improvements Agreements between the City of Denton and the Texas DepmUnent of Transportauon for the furmslung and installing of traffic s,gnals, and the City is authorized to pamclpate m the development and consu'ucUon of the project as set forth in the Agreements, copies ofwluch :s attached hereto and incorporated by reference hereto , SECTION II That the City Cotmcfl hereby authorizes the expenditures of funds as provided m the Agreements SECTION III That this ordinance shall become effective lmmechately upon its passage and approval ATTEST JENNIFER WALTERS, CITY SECRETARY BY a..., APPROVED AS TO LEGAL FORM HERBERT L PROUTY, c~r~RNEY TE)(AS TRANSPORTATION COMMISSION VARIOUS County HIRUTE ORDER Page 1 of 5 .Pa§es D~str~ct No VARIOUS WHEREAS, the Pro3ect Development Plan (PDP) of the Texas Department of Transportation is a ten year plan which authorizes pro]ect planning and development, and is submitted to the Texas Transportation Co.~lllSSSOn for approval on an annual bas~s, and WHEREAS, the 1993 Transitional PDP was structured and developed w~th categories to utilize the [ntermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and WHEREAS, development and construction of many projects ~n the PDP are subject to the approval/concurrence of the Metropolitan Planning Organizations (MPOs); and WHEREAS, the MPOs have recently made s~gnlf~cant modifications to the l~st of projects which they propose to ~nclude ~n their ~ransportat~on Improvement Programs (TIPs), and WHEREAS, the lettln§ to contract of projects contained ~n the PDP ~s further sub3ect to the availability of projected funds; and WHEREAS, the structure of the various categories of work, ~nclud~ng the description, the restrictions, the method of allocation and policy of the 1993 Transitional PDP was outlined ~n Minute Order 101106 dated June 24, 1992 and amended In Minute Order 101590 dated October 28, 19921 and WHEREAS, M~nute Order 101588 dated October 28, 1992 approved the structure of the allocation program port~on of the 1993 Transltaonal PDP, and authorized projects ~n various allocation programs; and WHEREAS, an update of these previously authorized projects and policies is required to more accurately depict and properly guide planning and development, and WHEREAS, ~t is appropriate to address the status of the 1993 Transitional PDP and the approval of the 1994 PDP separately w~th respect to mobility and allocation categories, and TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page 2 of 5 _Pages D~strlct No VARIOUS WHEREAS, for moblllty categories, Minute Order 101106 and subsequent Mlnute Orders 101586 and 101587 dated October 28, 1992 approved specific projects for various levels of authorization in the 1993 lrans~tlonal PDP in Category 1 - Interstate Construction, Category 3A - National H~ghway System (NHS) Mobility, Category 3B - NHS Texas Trunk System, Category 3D - NHS Traffic Management, Category 3E - NHS M~scellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobility; and WHEREAS, for mobility categories, Minute Order 10158ELand subsequent Minute Order 101765 dated December 22, 1992 approved specific projects for various levels of authorization in the 1993 Transitional PDP ~n Category 4C - Surface Transportation Program (STP) Metropolitan Mobility/Rehabilitation, Category 4D - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobility/Rehabilitation, Category 5 - Congestion M~t~gat~on and A~r Quality Improvement; and WHEREAS, for allocation categories, M~nute Order 101588 and subsequent Minute Order 101765 approved specific projects ~n the 1993 Transitional PDP ~n Category 4A - 1993 H~ghway Safety Improvement Program, 1993 Federal Railroad Signal Program, and 1993 Rallroad School Bus S~gnal Program, Category 6 - 1993-1995 On State System Bridge Program, and 1993-1995 Off State System Bridge Program, Category 8 - 1992-1994 Farm to Market Road Program, and Category 16 - 1993 Railroad Grade Cross Replanklng Program, and WHEREAS, several of the allocation programs approved ~n the 1993 Transitional PDP currently have unobllgated balances for which projects have now been ~dentlf~ed as additions to the previously approved programs, and WHEREAS, Minute Order 101765 authorized d~strlct allocations for the allocation program portion of the 1994 PDP, and d~rected that when the projects have been selected for allocation programs (other than "bank balance" programs), the programs be returned to the attention of the Commission for approval of specific projects, and TEXAS TPJ~NSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page 3 of 5 Pages O~str~ct No VARIOUS WHEREAS. projects have now been identified for the allocation programs of the 1994 PDP. NOW. THEREFORE. |T IS ORDERED that the structure of the various categories of work. including the description, the restrictions, the method of allocation and policy outlined in Minute Orders 101106 and 101590 is hereby cancelled, and IT IS FURTHER ORDERED for mobil]ts categories that the authorization for the Category 3A - NHS Mobility. Category 3B - NHS Texas Trunk Sytem. Category 3D - NHS Traffic Management. Cate, Dory 3E - NHS M~scellaneous. Category 12 - Commission Strategic Priority and Category 13 - State Mobility projects listed ~n M~nute Orders 101106. 101586 and 101587 are hereby cancelled, and IT IS FURTHER ORDERED for mob~l~tS categories that the authorization for Category 4C - STP Metropolitan Mobility/Rehabilitation. Category 4D - STP Urban Mobility/Rehabilitation. Category 4E - STP Rural Mob~llty/Rehabll~tat]on and Category 5 - Congestion M~t~gatlon and Air Quality Improvement projects listed ~n Minute Orders 101588 and 101765 are hereby cancelled; and IT IS FURTHER ORDERED for allocation categories that the projects approved as a part of past allocation programs that have not been selected for other categories of the 1994 PDP shall retain their authority in those programs, and l[XAS TRANSPORTATION COMMISSION VARIOUS County M[NUT£ ORD[R Page _ 4 of 5 _Pages Dlstr~ct No VARIOUS IT IS FURTHER ORDERED that the 1994 PROJECI DEVELOPMENT PLAN as shown in the following e×hlb~ts ~s hereby approved Exhibit A - Structure of the various categories o~ work, ~ncludlng descriptions, restrictions, methods of allocation and policy Exhibit B - Interstate Construction (Category 1) Exhibit C - National H~ghway System (Category 3) NHS Mobility, NHS Texas Trunk System, NHS Traffic Management Systems, and NHS M~scellaneous Exhibit D - Surface Transportation Program (Category 4) 1994 H~ghway Safety Improvement Program, 1994 Federal Railroad S~§nal Program, 1994 Railroad School Bus S~gnal Program, 1993-2002 Metropolitan Mobility/Rehabilitation Program, 1993- 2002 Urban Mobility/Rehabilitation Program, 1993-2002 Rural Mobility/Rehabilitation, and 1994 Railroad Grade Separations Program Exhibit E - Congestion M~t~§at~on and A~r Quality (Category 5) Exhibit F - Brld9e Replacement/Rehabilitation (Category 6) 1993-1995 On State System Bridge Program (Additions), 1996 On State System Brld§e Program, 1993-1995 Off State System Bridge Pro~ram (Additions), and 1996 Off State System Bridge Program TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORD[R Page 5 of 5__Pages DIsLr~ct No VARIOUS Exhibit G - Farm to Market Road Program (Category 8) 1992-1994 Farm to Market Road Program (Additions) and 1995 Farm to Market Road Program Exhibit H - Commission Strategic Priority (Category 12) Exhibit J - State Funded Mobility (Category 13) Exhibit J - M~scellaneous Programs (Category 16) 1994 Railroad Grade Cross~ng Replank~ng Program IT IS FURTHER ORDERED that the Executive D~rector is hereby authorized to proceed ~n the most feasible and economcal manner wlth project development for the projects included ~n Exhibits B through J to ~nclude any necessary agreements, right of way acquisition, utility adjustments, and relocation assistance, subject to the policies of the Texas Department of Transportation and all applicable Federal and State laws governing the acquisition policies for acquiring real property IT IS FURTHER ORDERED that the specific allocation programs authorized by M~nute Order 101765 for the 1993 lrans~tlonal Project Development Plan shall remain active and ~n effect IT IS FURTHER ORDERED that the sections of h~ghway shown ~n Exhibit K are hereby designated as a part of the State H~ghway System subject to the conditions ~nd~cated IT IS FURTHER ORDERED that this M~nute Order be effect}ve as of September 1, 1993 Submitted by Examined and recommended by D~rector of H~ghway Design Approved ~oc~ate [xecut~ve D~ecL~r Minute Number 102542 DaCe Passed JUl 29 93 TRANSPORTATION IMPROVEMLN r PROGRAM DALLAS DALLAS FORT WORItt MPC /iSIRICT NAMEO~DESIG~T~O~N -- - ~ROJ ID FED PROD ~E-D~I~A~-- NTY LOCATION (FROM) F CLASS ST CAT STATE LOCATION ~'O) LANES PHASE LOCAL O_E S _C RJ P_TI_O_N _O_F _W_O R_K_ ......... L_EN_G_TH _MP_O _TO_T_AL_ ........ )LNTON INTERSECTION AT VALLEY VIEW 2 5 16 DALLAS SH 289 0869 CMAQ 76800 97/05 UAl LAS ON FRANKEORD ROAD AT PRESTON ROAO 3 5 19,200 0 E 24 000 PIANO _0~91_-~__9~_1_ _ _P_R_EST~O._N_ROA._D/N_T_ER_S._ECTI_O_N_ ......... 2_00_1__ 1106 ____1~'0__O00_ ............. DALLAS SP244 537 ~MAQ ~ 500,000 96108 DALLAS NORTHVVEST HIGHWAY AT PLANO ROAD 3 5 125 0(30 4 C 0 DALLAS 0353q~5~89 ADD TURN LANES AND TRAFFIC SIGNAL 0 001 1106 $ 625,000 o~ ..... s-P-~o-~- ...................... ~gs~ ..... ~M-A-~ ....... 1-~-7 WEST FREEWAY IN GRAND PRAIRIE 0 c E 199 787 GRAND PRAIRIE 2208-02 900 TRAFFIC SIGNAL UPGRADE 0 001 1106 363 250 ~AL'A~ - - - ~s-~- ..................... ,~% ..... ~-o .... 7 ~ ~ ~ 0 C E 25 300 DENTON ~-~ 0081 ~34 901 INSTERSECTION IMPROVEMENTS 0 001 1106 5S 000 )AL[~S ~S--3~O ..................... I~t~- -- ~'~A~Q ..... -2~- ~8~ ~-12 LOOP 288 IN DENTON 0 C 0 DENTON 013S-10A342 SIGNAL TIMING 0001 1106 $ 26000 0 C E 250 000 PLANO 2-~X~ O^LLAS us 7~ ,~ cMxo ~ ~o~ o 0 CE 0047~7 175 INTER DISTRICT COMMUNICATION/MOTORIST 0 001 I 106 300 000 DALLAS US 77 1051 CMAQ 6 077 95 109 I)ENFON US T7 AT WILLOW SPRINGS 4 5 1 519 [ 0_1 _9~o~_ ~_~07~ _ ~ _ LN T_E_RS_E_C_TI_O ~ LMPR_O_VE_M_E_N T_ ...... 0001 110(3 $ 9495 ] DALLAS US 80 ~ 1~20~- - - CMAQ $ 27 750 96 / 04 r ()ALL~ ' -- ~A~ ............... 2~0-~ - - - CM~AQ 480 000 96 / 03 I [~ALLAS VARIOUS LOCATIONS IN THE CllW OF 0 5 0 DALLAS V-A ........... 15~ - ~MA-Q Ib~ 97/08 DALLAS VARIOUS IN fERSEC FIONS IN GRAND PRAIRIE 0 5 0 ] 0 C E 72 857 GRANO PRAIRIE 0ql 8~5-204 TRAFFIC SIGNAL UPGRADE 0 001 1106 _ 2_42_ §~57~ [ S[)~ __A~ ...... ~A- ...................... 7~-B ...... ~.f~tA--Q- 6,79 000 Denton County O~~ CSJ 0195~02 ~-t-~ ~-~ IH 35 At US 380 STATE OF TEXAS * COUNTY OF TRAVIS * AGREEMENT (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM) THIS AGREEMENT, is made by and between the ~tate of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of Denton, Texas, acting by and through the Denton City Council, hereinafter called the "City" WITNES SETH WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U S C Section 201 et seq , establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner and WHEREAS, Title 23 U S C Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies, and WHEREAS, Title 23 U S C Section 134 establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies develop transportation plans and programs for urbanized areas of the State, and WHEREAS, the State and the City desire improvements at the intersection of IH 35 and US 380, as shown in "Exhibit A", to be hereinafter identified as the "Project", and WHEREAS, Title 23 U S C Section 120 establishes that the Federal share of funding for CMAQ programs will not exceed eighty percent (80%) of the Project cost and WHEREAS, the City has offered to participate in the development and Page 1 of 8 10/11/96 construction of the Project by providing funding and other necessary items as required by the State, and WHEREAS, on the 6th day of May , 19~ the Denton City Council passed Resolution No 97-135 attached hereto and identified as "Exhibit B", authorizing the City's participation in the development of the Project, and WHEREAS, the State will secure the Federal cost share, prepare the preliminary engineering and design plans, let the construction contract, provide the construction inspection, and provlde other items as required, and WHEREAS, on the 29 day Of July , 1993, the Texas Transportation Commission passed Minute Order 102542 , attached hereto and identified as "Exhibit C", authorizing the Project through the State TransportatIon Improvement Program, A~REEMENT NOW, THEREFORE, in conslderatlon of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows 1 CONTRACT PERIOD This agreement becomes effective upon final executIon by the State and shall terminate upon completion of the Project or unless terminated or modified as herelnafter provlded 2 SCOFF OF PROJECT A The State and the City agree that the scope of the Project shall be l~mlted to the scope authorized by the Texas Transportation Commission B The Project will be designated as a ~ for the limited purpose of constructing the roadway facility, however, any existing city street within the limits of the Project will not be designated or incorporated therein prlo~ to the State's award of the construction contract C The City will continue to provide maintenance for all c~ty roads within the llmlts of the Project until the State's award of the construction contract Page 2 of 8 10/11/96 3 UTILITY ADJUSTMENTS/RELOCATIONS In the event the proposed highway construction requmres the adjustment, removal or relocation of utmllty facmlltmes, the State wmll establish the necessary utllmty work mn accordance with 43 TAC, Sec 21 31 23 53, applmcable, and notmfy the affected utllzty companies of the required work Unless otherwmse provmded by the owners of the utility facmlltles, the State shall be responsible for the ad3ustment, removal or reloeatmon of such utility facllltmes mn accordance wmth applmcable State law, regulations, policies and procedures In the event addltmonal utmlltles are required to be ad3usted, removed or relocated durmng the construction of the Pro3ect, the State wmll be responsible for accomplmshmng the ~ddltmonal utility work, unless this work is provided by the owners of the utmllty facilities ENVIRONMENTAL MITIGATION A The State will be responsible for the mltmgatmon and remedlatlon of any environmental problems associated with the development and construction of the Pro3ect These may involve, but not be limited to studies related to the followzng 1 public involvement 2 Environmental Impact Studies 3 Envmronmental Assessments 4 applmcable environmental documents dmscussmng social, economic and environmental impacts of the proposed project 5 noise analysis 6 amr quality analysms 7 4(f) lands such as publmc parks, recre~tmonal areas, wmldllfe/waterfowl refuges 8 hmstorlcal and archeologlcal sites as regulated by the State Hmstorlcal Preservatmon Office and Texas Antmqultles Commission 9 wetlands, Jurisdictional Waters, and vegetation as regulated by Texas Parks and Wildlife (TPW) 10 prmme and unique farmlands as regulated by Soml Conservatzon Service 11 threatened or endangered specmes as regulated by TPW and U S Fish and Wmldllfe 12 erosion control and applicable Natmonal Pollutmon Discharge Ellmmnatlon System (NPDES) 13 applmcable permits from U S Corps of Engineers B tn addltmon, the State will be responsible for the assessment, remedmatmon and/or disposal of regulated materials encountered prior to and during constructmon, which may include but not be lmmmted to the followIng 1 asbestos contamnlng materials as regulated in 40 Code of Federal Regulations (CFR) 763 Page 3 of 8 10/11/96 2 polychlorlnated bzphenols as regulated by 40 CFR 761 3 petroleum (1 e Gasotlne and diesel) contaminated soils as regulated by 31 Texas Admlnzstratlve Code 334 4 Hazardous Waste as defined in 40 CFR 261 5 Class I and II waste as regulated by Texas National Resource Conservation Commlsslon 6 infectious or blood borne pathogen waste 7 radioactive waste 8 all Comprehensive Environmental Response and Comprehensive Liability Acts as Identified in 40 CFR 300 399 The State will not let the construction contract until ali known envIronmental problems have been remedlated 5 ENGINEERING RESPONSIBILITIES A The State will prepare the Pro3ect's preliminary en~lneerln~ necessary for the development of the plans, specifications and estimate (P S & E ) Development of the prellmznary en~lneer~n~ shall include an FHWA approved schematzc, an environmental assessment and conducting of public hearlnqs, as requlred B The P S & E shall be developed by the State or its consultant in accordance with the latest edition and revisions of the State's Operations ndoeed s M al, the State's Standard Specifications for Construction of H~hwavs, Streets and Brzdaes, and The Texas Manual on Uniform Trafflc Control Dlvlces (TMUTCD) For all ~tems not d~scussed in the above documents, the American Association of State HiGhway and Transportation Officials' A Pollcv On Geometric DeslGn of Hlahwavs and Streets shall be referenced for Guzdance 6 CONSTRUCTION RESPONSIBILITIES A The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the ProDect in accordance with ex~stlnG procedure~ 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 responszbllzty of the State B The State will supervise and inspect all work performed by the construction contractor and will provide such engineerinG, Inspection and testznG services as may be required to ensure that the construction of the PaGe 4 of 8 10/11/96 Project is accomplished in accordance with the approved P S & E The City will be allowed to review the construction work provided the review does not interfere with the work belnq performed by the State's contractor C Upon completion of the Project, the State will issue to the City a "Notification of Completion", acknowledging that the Project has been completed 7 FUNDING RESPONSIBILITIES A The ltem~ sub3ect to Federal reimbursement, for this Pro3ect,~.~ estimated cost of ~ ltem~ is 4~..~ Constr~_ctl~n items shall include construction engineering and testing servz~e~ B The State will be responsible for securing the Federal share of funding requlred for the ~construct]on of the Project The City will be responsible ~a~a~no~'f~e~a~l/partlclpatl°n costs associated with the Project C Upon execution of thls agreement, the City will submit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $ 3,440 This amount is based on twenty percent (20%) of the estimated engineering costs These funds will be utilized by the State to D Sixty (60) days prior to the date set by the State for reclept of the constructIon bids, the State will notify the C~ty to make available funding required for the construction of the Project The City shall remit a check specified by the State equal to twenty percent (20%) of the total estimated construction cost Payment must be made within thirty (30) days of receipt be $ 16,560 The City shall fund all non federal and non state (30) days of receipt of the State's written notification Page 5 of 8 10/11/96 E The State will perform an audit of all costs associated with the Project upon completion In the event additional funding is required by the City at anytime during the development of the Project, the City will provide the funds within thirty (30) days from receipt of the State's written notification In the event any funds are due the City, the State will promptly make arrangements to provide the funds to the City ~NDIRECT COSse~n 2106 ~CeOtV~ ~LA~vernment Code, Vernon's. Code Ann~ ~an and are estlm~?~? t~ $ ~ of the State's written notIfication ~/~--~ ' ~7 9 OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City and all documents prepared by the State shall remain the property of the State All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use 10 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 obligation as set forth herein B The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred The Page 6 of 8 10/11/96 Clty should make every effort to remedy the breach as outlined by the State wlthln a perlod mutually agreed upon by both parties 11 INDEMNIFICATION The City acknowledges that it is not an agent servant, or employee of the State, and that it is responsible for its own acts, forbearance, negl,gence and deeds, and for those of its agents or employees in conjunction with the performance of work covered under this agreement 12 AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State 13 LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceablllty shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein 14 NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U S mall, postage prepaid addressed to such party at the following respective addresses State Texas Department of Transportation Attention Director of Transportation Plannlng and Development 9700 East R L Thornton Dallas, TX 75228 City The City of Denton, Texas 215 East McKlnney Street Denton, Texas 76201 All notices shall be deemed given on the date so delivered or so deposited in the mall, unless otherwise provided herein Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein Page 7 of 8 10/11/96 15 SOLE AG EEME T This agreement constztutes the sole and only agreement between the parties hereto and supersedes any prior understandzngs or written or oral agreements respectzng the within sub3ect matter IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed n duplicate counterparts THE C TY OF DENTON, TEXAS Ted Benavldes Typed Name Clt¥ Manager - - ' NY Secretary THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of M~nute Order No 100002 and ......... or ~ ..... , f the purpose and effect of actlvatzn~ and carrying out the orders, establzshed policies or work pro,rams heretofore approved by the Texas Transportation Co~lsslon Page 8 of 8 10/11/96 "EXHIBIT A" I ~ ' °~ "EXHIBIT B" oRDINANcE No q AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE FOUR AGREEMEi~S BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE STUDY AND IMPROVEMEIVT OF FOUR I1VI'ERSECTIONS ~ THE CITY LIMITS OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE . - THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the City Manager r~ hereby authonzed to execute four Congestion M~tigauon and A~r Quahty Improvements Agreements between the C~ty of Denton and the Texas Depa~t~nent of Transportauon for the furmsb, mg and installing of traffic slgnals, and the City anthonzed to partlclpate m the development and construcuon of the project as set forth m the Agreements, copies of wbach is attached hereto and incorporated by reference hereto ~ That the Cl~y Council hereby anthonzas the expenditures of funds as provided m the Agreements ~ That thas ordinance shall become effecUve unmediately upon its passage and approval PAS SED A_ND APPROVED thas the b '~d'~day of m {'/,_~._ ,1997 ATTEST JENNIFER. WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, ~2~RNEY TE)ULS TRAHSPORTAIION COMMISSION VARIOUS County MINUT[ ORDER Page i of ~SS _l>ages D~s[r~ct No VARIOUS WHEREAS, the Project 0evelopment Plan (POP) of the Texas Department of Transportation Is a ten year plan which authorizes project planning and development, and is submtted to the Texas Transportation Commlss,on for approval on an annual basis, and WHEREAS, the 1993 Transitional POP was structured and developed w~th categories to utilize the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and WHEREAS, development and construction of many proJects ~n the POP are subject to the approval/concurrence of the Metropol~t~n Planning Organizations (MPOs); and WHEREAS, the MPOs have recently made s~gnlf~cant modifications to the list of projects which they propose to ~nclude ~n their Transportation Improvement Programs (TIPs), and WHEREAS, the letting to contract of projects contained ~n the PDP ~s further subject to the availability of projected funds; and WHEREAS, the structure of the various categories of work, Including the description, the restrictions, the method of allocation and policy of the 1993 Transitional PDP was outlined ~n Minute Order 101106 dated June 24, 1992 and amended ~n Minute Order 101590 dated October 28, 1992; and WHEREAS, Minute Order 101588 dated October 28, 1992 approved the structure of the allocation program port,on of the 1993 Transitional PDP, and authorized projects ~n various allocation programs; and WHEREAS, an update of these previously author~2ed proJects and policies ~s required to more accurately depict and properly guide planning and development, and WHEREAS, it is appropriate to address the status of the 1993 Transitional POP and the approval of the 1994 PDP separately with respect to mobility and allocation categories, and TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORD[R Page 2 of 5 _Pages Dlstrlct No VARIOUS WHEREAS, fo~ mobttlty categories, M~nute Order 101106 and subsequent M~nute Orders 101586 and 101587 dated October 28, 1992 approved speclftc pro3ects for various levels of authonzatton ~n the 1993 Transtttonal PDP ~n Category 1 - Interstate Construction, Category 3A - National Htghway System (NHS) Mobility, Category 3B - NHS Texas Trunk System, Category 3D - NHS Traffic Management, Category 3E - NHS Miscellaneous, Category 12 - Commission Strategic Pnortty and Category 13 - State Mobility; and WHEREAS, for mob~l~ts categories, M~nute Order 101588_and subsequent Minute Order 101765 dated December 22, 1992 approved speclf~c projects for various levels of authorization tn the 1993 Transitional PDP ~n Category 4C - Surface Transportatton Program (STP) Metropolitan Mob~llty/Rehab~l~tatton, Category 4D - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobility/Rehabilitation, Category 5 - Congestion Mlttgat~on and Alt Quality Improvement; and WHEREAS, for allocation categories, M~nute Order 101588 and subsequent M~nute Order 101765 approved spectf~c projects tn the 1993 Transitional PDP ~n Category 4A - 1993 Htghway Safety ImpEovement Program, 1993 Federal Ratlroad Stgnal Program, and 1993 Railroad School Bus S~9nal Program, Category 6 - 1993-1995 On State System Bridge Program, and 1993-1995 Off State System Bridge Program, Category 8 - 1992-1994 Farm to Market Road Program, and Category 16 - 1993 Railroad Grade Cross Replank~ng Program, and WHEREAS, several of the allocation programs approved tn the 1993 Transitional PDP currently have unobllgated balances for which projects have now been Identified as additions to the prewously approved programs, and WHEREAS, Mtnute Order 101765 authortzed district allocations for the allocatloq program port~on of the 1994 PDP, and directed that when the projects have been selected for allocation programs (other than "bank balance" programs), the programs be returned to the attention of the Commsslon for approval of spec~ftc pro3ects, and TEXAS TRANSPORTATION CO~ISSION VARIOUS County H[NUT[ 0RDER Page 3 of S Pages Olstr~ct No VARIOUS WHEREAS, projects have now been ~dent~f~ed for the allocation programs of the 1994 PDP, NOW, THEREFORE, |T IS ORDERED that the structure of the various categories of work, Including the description, the restrictions, the method of allocation and policy outlined in Minute Orders 101106 and 101590 is hereby cancelled, and IT IS FURTHER ORDERED for mob~l~ts categories that the authorization for the Category 3A - NHS Mobility, Category 3B - NHS Texas Trunk Sytem, Category 3D - NHS Traffic Management, Cate~jory 3E - NHS Miscellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobility projects listed ~n M~nute Orders 101106, 101586 and 101587 are hereby cancelled, and IT IS FURTHER ORDERED for mob~l~ts categories that the authorization for Category 4C - STP Metropolitan Mob~llty/Rehabllltatlon, Category 4D - STP Urban Mob~llty/Rehabllltatlon, Category 4E - STP Rural Mobll~ty/Rehabllltatlon and Category 5 - Congestion M~t~gat~on and Alt Quality Improvement projects l~sted ~n M~nute Orders 101588 and 101765 are hereby cancelled; and IT IS FURTHER ORDERED for allocation categories that the projects approved as a part of past allocation programs that have not been selected for other categories of the 1994 PDP shall retain their authority in those programs, and T[XAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORO[R Page 4 of 5 Pages D~strlct No VARIOUS IT IS FURTHER ORDERED that the 1994 PROJECT DEVELOPMENT PLAN as shown ~n the following exhibits ~s hereby approved Exhibit A - Structure of the various categories o£ work, including descriptions, restrictions, methods of allocation and pollcy Exhibit B - Interstate Construction (Category 1) Exhibit C - National H~ghway System (Category 3) NHS Mobility, NHS Texas Trunk System, NHS Traffic Management Systems, and NHS M~scellaneous Exhibit D - Surface Transportation Program (Category 4) 1994 Highway Safety Improvement Program, 1994 Federal Railroad S~gnal Program, 1994 Railroad School Bus S~gnal Program, 1993-2002 Metropolitan Mobility/Rehabilitation Program, 1993- 2002 Urban Mobility/Rehabilitation Program, 1993-2002 Rural Mobility/Rehabilitation, and 1994 Railroad Grade Separations Program Exhibit E - Congestion M~t~gatlon and A~r Quality (Category 5) Exhibit F - Bridge Replacement/Rehabilitation (Category 6) ~On State System Bridge Program (Additions), 1996 On State System Bridge Program, 1993-1995 Off State System Bridge Program (Additions), and 1996 Off State System Bridge Program TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORD[R Page 5 of 5 Pages D~str~ct No VARIOUS Exhibit G - Farm to Market Road Program (Category 8) 1992-1994 Farm to Market Road Program (Additions) and 1995 Farm to Market Road Program Exhibit H - Commission Strategic Priority (Category 12) Exhibit ! - State Funded Mobility (Category 13) Exhibit 2 - Miscellaneous Programs (Category 16) 1994 Railroad Grade Crossing Replanklng Program IT IS FURTHER ORDERED that the Executive Director is hereby authorized to proceed in the most feasible and economical manner with pro3ect development for the projects included in Exhibits B through J to include any necessary agreements, rlght of way acquisition, utility adjustments, and relocation assistance, subject to the policies of the Texas Department of Transportation and all applicable Federal and State laws governing the acquisition policies for acqu~nn§ real property IT IS FURTHER OROERtD that the specific allocation programs authorized by M~nute Order 101765 for the 1993 lranslt~onal Pro3ect Development Plan shall remain active and in effect IT IS FURTHER ORDERED that the sections of hl§hway shown in Exhibit K are hereby designated as a part of the State Highway System sub3ect to the conditions ~ndlcated iT IS FURTHER ORDERED that th~s M~nute Order be effective as of September 1, 1993 Submitted by [xam~ned and recommended by D~rector of H~ghway Design Approved Associate [xe(ut~ve Director Executive M~nute Number L02542 DaLe Passed JUl 29 93 TRANSPORTAI iON IMPROVEMENT PROGRAM DALLAS DALLAS t CRT WORTH MPG DIST~I~-f N~A-M~E-SI-G-~A-TI--O-N ........ PROJ ID FED'P-R~)~I FEDERAL COMMENTS I COUNTY LOCATION (FROM) F CLASS STATE LOCATION (TO) [ANES PHASE LOCAL Dj D_ E_S_C R]P_TI_O_N_O_F _W_OR_K_ _ _ _ L ENG_T_H MPG _TOT_AL_ _ _ _ OA[-LA~ - IH ~-E .................. 2808 CMAQ 214400097/09 DALLAS AT 0 5 MI S OF TRINITY MILLS 1 5 544 019~03-180 RAMP TO PARK-N RIDE IN CARROLLTON 0 200 1196 3 200000 DALLA~ - IH35E 2783 CMAQ $0880000 DALLAS SOUTH OF US 67 I 5 2,220 000 INDUSTRIAL BOULEVARD 0 C 2 400 000 ! ,ALLAS 0442~2 109 CONTRAFLOW HDV LANE _71 ~60 .... 160OOO00 DALLAS iN 635 546/2219 CMAQ 128000 95104 DALLAS NORTHVVEBT HIGNVVAY 3 5 32 000 AT IH 635 0 C 0 :)ALI.AS 237~01~91 INTERSECTION IMPROVEMENTS 0001 1106 160000 ........ DALLAS IH 635 931 128 000 961 09 DALLAS ON IH 635 AT MARSH LANE 1 5 32 (300 2374q31 904 i_NT_E_RSE_C_Ti~ONLMPR_O~VE~M_E_NT_S- ..... _ __-0001 ~106 200000 OALLA~ IH 635 932 CMAQ $ 1 925 000 8 / 01 DALLAS AT MIDWAY 3 5 475 000 i[AL 0 C E R 100 000 ~ALLAS 2374-01-907 EASTBOUND LEFT TURN LANES 0 001 1106 2 500 960 iH ~3s ~3~ CMAQ ~4 00O ~ ] DALLAS ON COlT ROAD AT IH 635 3 5 16 000 2374~)1 912 EASTBOUND AND NORTHBOUND RIGHT TURN 0 001 1106 80 000 [JA~L~ .... LP 12 2219A CMAQ 579 200 / 09 DALLAS SH 114 3 5 ~44 800 IH635 0 C E 181 000 DALLAS 0353~5-088 INTERSECTION IMP ROVEMENT 14000 1106 905000 D-A~L~,~ - - - LP288 4090 CMAQ 126000 97/08 DENTON LOOP 288 AT K/NGS ROW 3 5 32 960 DA~L~ - - - MH 0799 CMAQ 40 000 95 / 08 DALLAS ON BELT LINE ROAD 0 5 0 AT DALLAS NORTH TOLLWAY 0 C E 10 000 DALLAS 805Od ~-902 NORTHBOUND DUAL LEFT TURN LANES 0 001 1106 50 000 DALLAS ON ARAPAHO ROAD AT MEANDERING WAY 4 5 0 8074-18-901 WESTBOUND LEFT TURN POCKET 0 001 1106 $ _15__(~0_ ' {~A~ t~ ~ MR -3~ .... CMAQ $- 350000 99109 DALLAS IN GARLAND ON FOREST LANE FROM pLANO 3 5 0 ROAD TO GARLAND ROAD 0 C E 350 000 GARLAND 8078-18010 TRAFFIC SIGNALS AND INTERSECTION 3 600 1106 $ 700 000 26 Denton County f~ CSJ 0134 09 ~'~I - US 380 Intersection Improvements STATE OF TEXAS * COUNTY OF TRAVIS * AGREEMENT (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM) THIS AGREEMENT~ ls made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of Denton, Texas, acting by and through the Denton City Council hereinafter called the "City" WITNE S SETH WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U S C Section 101 et seq , establishes the National Intermodal Transportation System that is economIcally effIcient and environmentally sound, provides the foundation for the nat~on to compete in the global economy, and will move people and goods in an energy eff3c]ent manner and WHEREAS, Title 23 U S C Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies, and WHEREAS, Title 23 U S C Section 134 establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies develop transportation plans and programs for urbanized areas of the State, and WHEREAS, the State and the City desire improvements to the US 380 Intersection, as shown in "Exhibit A", to be hereinafter identified as the "Pro3ect", and WHEREAS, Title 23 U S C Section 120 establishes that the Federal share of funding for CMAQ programs will not exceed e~ghty percent (80%) of the ProDect cost, and WHEREAS, the City has offered to participate in the development and Page 1 of 8 10/14/96 construction of the Project by providing funding and other necessary items as required by the State, and WHEREAS, on the 6th day of May 199__~ the Denton City Council passed Resolution No 97-135 attached hereto and identified as "Exhibit B", authorizing the City's participation in the development of the project, and WHEREAS, the State will secure the Federal cost share, prepare the prelIminary engineering and design plans, let the construction contract, provide the construction ~nspect~on, and provide other items as requIred, and WHEREAS, on the ~9 day of July , 1993, the Texas Transportation Commission passed Minute Order 102542 , attached hereto and identified as "Exhibit C", authorizing the Project through the State Transportation Improvement Program, AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows Thls agreement becomes effective upon f~nal execution by the State and shall terminate upon completion of the Project or unless termlnated or modified as hereinafter provided A The State and the City agree that the scope of the Pro~ect shall be limited to the scope authorized by the Texas TransportatIon Commission B The Pro~ect will be designated as a METROPOLITAN HIGHWAY for the limited purpose of constructing the roadway facility, however, any existing city street within the limits of the Pro]ect will not be designated or incorporated therein prl~r to the State's award of the construction contract C The city will continue to provide maintenance for all city roads w~thln the llmlts of the Project until the State's award of the construction contract page 2 of 8 10/14/96 UTILITY ADJUSTMENTS/RELOCATIONS In the event the proposed hlgkway construction requires the ad3ustment, removal or relocation of utility facilities, the State will establish the necessary utility work in accordance with 43 TAC, Sec 21 31 21 53, applicable, and notify the affected utility comDanles of the required work Unless otherwise provided by the owners of the utility facllltles, the State shall be responslble for the adjustment, removal oi relocation of such utlllty facilities in accordance with applicable State law, regulations, pollcles and procedures In the event additional utzlltles are required to be adjusted, removed or relocated during the construction of the Project, the State will be responsible for accomplishing the additional ut±llty work, unless thls work zs provided by the owners of the utility facilities 4 ENVIRONMENTAL MITIGATION A The State wlll be responsible for the mltzgatlon and ~emed~at]on 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 publlc involvement 2 Environmental Impact Studies 3 Environmental Assessments 4 applicable environmental documents discussing social, economic and environmental lmpacts of the proposed project 5 noise analysis 6 air quality analysls 7 4(f) lands such as public parks, recreational areas, wildlife/waterfowl refuges 8 historical and archeologzcal 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 Wltdllfe (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 oontrol and applicable National Pollution Dzscharge Elimination System (NPDES) 13 applzcable permits from U S Corps of Engineers B In addition, the State will be responsible for the assessment, remedzatlon and/or disposal of regulated materials encountered prior to and during construction, which may include but not be limlted to the following 1 asbestos containing materials as regulated in 40 Code of Federal Regulations (CFR) 763 Page 3 of 8 10/14/96 2 polychlorlnated blphenols as regulated by 40 CFR 761 3 petroleum (1 e gasoline and diesel) cont~mlnated soils as regulated by 31 Texas Administrative Code 334 4 Hazardous Waste as defined zn 40 CFR 261 5 Class I and II waste as regulated by Texas National Resource Conservation Commission 6 infectious or blood borne pathogen waste 7 radioactive waste 8 all Comprehensive Environmental Response and Comp/ehenslve Liability Acts as ~dentzf~ed zn 40 CFR 300 399 The State will not let the construction contract until all known envzronmental problems have been remedlated 5 ENGINEERING RESPONSIBILITIES A The State will prepare the Pro3ect's preliminary engineering necessary for the development of the plans, specifications and estimate (P S & E ) Development of the preliminary engineering shall include an MHWA approved schematic, an environmental assessment and conducting of publzc hearzngs, as required B The P S & E shall be developed by the State or Its consultant in accordance with the latest edition and revisions of the State's Operations and Procedures Manual, the State's Standard Specifications for Construction of HiGhways. Streets and BridGes, and The Tsxas Manual on Uniform Traffic Control Dlvlces (TMUTCD) For all items not discussed in the above documents, the American Association of State Mlghway and Transportation Officials' A Policy On Geometric Des~cn of Hlahwavs and Streets shall be referenced for guidance 6 CONSTRUCTION RESPONSIBILITIES A The State shall advertise for construction b~ds, ~ssue bid proposals, receive and tabulate the bids and award a contract for construction of the Pro3ect in accordance with existing procedures 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 responsibility of the State B The State will supervise and ~nspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Page 4 o~ 8 10/14/96 Project is accomplished in accordance with the approved P S & E The City will be allowed to review the construction work provided the review does not interfere with the work being performed by the State's contractor C Upon completion of the Project, the State will lssu~ to the City a .Notification of Completion", acknowledging that the Prolect has been completed 7 FUNDING RESPONSIBILITIES \~ A The ltem~ subject to Federal reimbursement for this Pzoject, ~ estimated cost of t-~e ltem~ is '$ =i,v,000 ; Constluc_~l~n items shall include construction engineering and testing services ~-~ /~.[~ B The State will be responsible for securing the Federal share of funding required for the gcvalcDr.~t~ang construction of the Project The C~ty will be responsible for ~-federal participation costs ~ssoc~ated w~th tke Propect amount of $ 6,760 This amount zs based on twenty slx percent (26%) of the estimated engineering costs These funds wzll be utilized by the State D Sixty (60) days prior to the date set by the State for reclept of the construction bids, the State will notify the City to make available funding or warrant payable to the "Texas Department of Transportation" mn the amount specified by the State equal to twenty slx percent (26%) of the total estimated construction cost Payment must be made wlthln thirty (30) days estimated to be $ 37,440 The City shall fund all non federal and non thirty (30) days of receipt of the State's written notification Page 5 of 8 10/14/96 ~ The State will perform an audit of ail costs associated with the Project upon completion In the event additional funding is required by the C~ty at anytlme during the development of the Pro3ect the City will provide the funds w~thln thirty (30) days ~rom receipt of the grate's written notlflcatlon In the event any funds are due the City, the State will promptly make arrangements to provide the funds to the City lndRECTCOST RECOVERY PLAN 01 et seq , GoverDment Code, Ve~non's Code///Annotated, requlres~~ 2 ece pt of ~te's written notification 9 OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City and all documents prepared by the State shall remain the property of the State All data prepared under this agreement shall be made available to the State without re,traction or l~mltatlon on their further use 10 TERMINATION A This agreement may be terminated by any of the following conditIons (1) By mutual written agreement and consent of both part~es (2) By either party, upon the failure of the other party to fulfill the obligation as set forth herein B The term%natlon of this agreement shall extzngu%sh all rights, duties, obl%gatzons and liabilities of the State and City under this agreement If the potential termznatzon of this agreement is due to the failure of the City to fulfill %ts contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred The Page 6 of 8 10/14/96 Clty should make every effort to remedy the breach as outlined by the State within a per~od mutually agreed upon by both parties 11 INDEMNIFICATION The City acknowledges that it is not an agent, servant, or employee of the State, and that it is responsible for its own ~cts~ forbearance negligence and deeds, and for those of its agents or employees zn con3unctlon with the performance of work covered under this agreement 12 AMENDMENTS Any changes in the time frame, character, agreement provisions o~ obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State 13 LFGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceablllty shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein 14 NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U S mall, postage prepaid, addressed to such party at the following respective addresses State Texas Department of Transportation AttentionDirector of Transportation Planning and Development 9700 East R L Thornton Dallas, TX 75228 City The City of Denton, Texas 215 East McKlnney Street Denton, Texas 76201 All notices shall be deemed given on the date so delivered or so deposited in the mall, unless otherwise provided herein Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein Page 7 of 8 10/14/96 15 SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings cz written or ora] agreements respecting the wlthln subject matter IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed n duplicate counterparts ~ITY OF DENTON, TEXAS Ted Benavldes Typed Name Clty Manager ATTEST .... ~ty Secretary TEXAS THE STATE OF Executed for the Executlve Dlrector and approved by the Texas Transportatzon Commission under the authority of Mznute Order No 100002 and Czrcular 2g 9~, for the purpose and effect of activating and carryzng out the orders, establzshed policies or work programs heretofore approved by the Texas Transpor tatlon Commission By Page 8 of 8 10/14/96 EXHIBIT "A" Sheet 1 of 7 Z EXHIBIT "A" Sheet 2 of 7 EXHIBIT "A" Sheet 4 of 7 EXHIBIT "A" Sheet 6 of 7 EXHIBIT "A" Sheet 7 of 7 x_ CMAO "EXHIBIT B" ORDINANCE NO ,,, q 7-' /~-~'-~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE FOUR AGREEMENTS BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR. THE STUDY AND IMPROVEMENT OF FOUR INTERSECTIONS WITHIN THE CITY LIMITS OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the City Manager ~s hereby authonzed to execute four Congestion Mitigation and An' Quality Improvements Agreements between the Cay of Denton and the Texas Depmu~ent of Transportauon for the furmshmg and installing of traffic s~gnals, and the City is authonzed to parUclpate m the development and construction of the project as set forth m the Agreements, copies of wtuch is attached hereto and incorporated by reference hereto , ~ That the City Council hereby authorizes the expenditures of funds as provided m the Agreements ~ That this ordinance shall become effecuve Lrrn'nedlately upon its passage and approval ATrEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, i2~RNEY TEXJLS TRAXSPORTAT[ON COt4N[SS[ON VARIOUS County MINUT[ ORDER Page I of S Pages D~str~ct No VARIOUS WHEREAS, the Project Development Plan (POP) of the Texas Oepartment of Transportation is a ten year plan which authorizes project planning and development, and ~s submitted to the Texas Transportation Con,ss'on for approval on an annual bas~s, and WHEREAS, the 1993 Transitional POP was structured and developed w~th categories to utilize the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and WHEREAS, development and construction of many projects in the PDP are subject to the approval/concurrence of the Metropolitan Planning Organizations (MPOs); and WHEREAS, the MPOs have recently made s~gn~f~cant modifications to the l~st of projects which they propose to ~nclude ~n their Transportation Improvement Programs (TIPs), and WHEREAS, the letting to contract of projects contained ~n the PDP rs further subject to the availability of projected funds; and WHEREAS, the structure of the various categories of work, ~nclud~ng the description, the restrictions, the method of allocation and policy of the 1993 Transitional ?DP was outlined in Minute Order 101106 dated June 24, 1992 and amended ~n M~nute Order 101590 dated October 28, 1992; and WHEREAS, M~nute Order 101588 dated October 28, 1992 approved the structure of the allocation program port~on of the 1993 Transitional PDP, and authorized projects ~n various allocation programs, and WHEREAS, an update of these previously authorized projects and policies ~s required to more accurately depict and properly guide planning and development, and WHEREAS, it is appropriate to address the status of the 1993 Transitional PDP and the approval of the 1994 POP separately with respect to mobility and allocation categories, and TEXAS TRJ~NSPORTATION CONIqISSION VARIOUS County MINUTE ORDER Page 2 of 5 Pages D~str~ct No VARIOUS WHEREAS, for moblllty categories, Mlnute Order 101106 and subsequent M~nute Orders 101586 and 101587 dated October 28, 1992 approved specific projects for various levels of authorization in the 1993 Transitional PDP in Category 1 - Interstate Construction, Category 3A - National Highway System (NHS) Mobility, Category 3B - NHS Texas Trunk System, Category 3D - NHS Traffic Management, Category 3E - NHS M~scellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobility; and WHEREAS, for mobility categories, M~nute Order 101588_and subsequent Minute Order 101765 dated December 22, 1992 approved specific projects for various levels of authorization ~n the 1993 Transitional PDP in Category 4C - Surface Transportation Program (STP) Metropolitan Mobility/Rehabilitation, Category 4D - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobility/Rehabilitation, Category 5 - Congestion M~tlgat~on and Air Quality Improvement; and WHEREAS, for allocation categories, M~nute Order 101588 and subsequent M~nute Order 101765 approved specific projects ~n the 1993 Transitional PDP ~n Category 4A - 1993 H~ghway Safety Improvement Program, 1993 Federal Railroad Signal Program, and 1993 Railroad School Bus S~gnal Program, Category 6 - 1993-1995 On State System Bridge Program, and 1993-1995 Off State System Bridge Program, Category 8 - 1992-1994 Farm to Market Road Program, and Category 16 - 1993 Railroad Grade Cross Replank~ng Program; and WHEREAS, several of the allocation programs approved ~n the 1993 Transitional PDP currently have unobl~gated balances for which projects have now been ~dent~fled as additions to the previously approved programs, and WHEREAS, M~nute Order 101765 authorized d~stnct allocations for the allocation program portion of the 1994 PDP, and d~rected that when the projects have been selected for allocation programs (other than "bank balance" programs), the programs be returned to the attention of the Commission for approval of specific pro3ects, and TEXAS TPJkNSPORTATION COM~ISSION VARIOUS County M[NUT[ ORDER Page 3 of 5 Pages O~str~c[ No VARIOUS WHEREAS, projects have now been identified for the allocation programs of the 1994 PDP, NOW, THEREFORE, IT IS ORDERED that the structure of the various categories of work, ~ncludlng the description, the restrictions, the method of allocation and policy outl3ned in Minute Orders 101106 and 101590 ~s hereby cancelled, and IT IS FURTHER ORDERED for mobility categories that the authorization for the Category 3A - NHS Mobility, Category 3B - NHS Texas Trunk Sytem, Category 3D - NHS Traffic Management, Category 3E - NHS Miscellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobility projects l~sted ~n M~nute Orders 101106, 101586 and 101587 are hereby cancelled; and IT IS FURTHER ORDERED for moblllty categories that the authorization for Category 4C - STP Metropolitan Mob~13ty/Rehab~l~tat~on, Category 4D - STP Urban Mob~l~ty/Rehab31~tatlon, Category 4E - STP Rural Mob~llty/Rehab~l~tat3on and Category 5 - Congestion M~t~gatlon and A~r Quality Improvement projects 13sted ~n M~nute Orders 101588 and 101765 are hereby cancelled; and IT IS FURTHER ORDERED for allocatlon cate§ones that the projects approved as a part of past allocation programs that have not been selected for other categories of the 1994 PDP shall retain their authority ~n those programs, and TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page 4 of 5 Pages Olstrlct NO VARIOUS IT 1S FURTHER ORDERED that the 1994 PROJECT DEVELOPMENT PLAN as shown in the following exhibits ~s hereby approved Exhibit A - Structure of the various categories o£ work, ~ncludlng descriptions, restrictions, methods of allocation and policy Exhibit B - Interstate Construction (Category 1) Exhibit C - National Hlghway System (Category 3) NHS Mobility, NHS Texas Trunk System, NHS Traffic Management Systems, and NHS Miscellaneous Exhibit D - Surface Transportation Program (Category 4) 1994 Highway Safety Improvement Program, 1994 Federal Railroad Signal Program, 1994 Railroad School Bus Signal Program, 1993-2002 Metropolitan Mobility/Rehabilitation Program, 1993- 2002 Urban Mobility/Rehabilitation Program, 1993-2002 Rural Mobility/Rehabilitation, and 1994 Railroad Grade Separations Program Exhibit E - Congestion Mitigation and A~r Quality (Category 5) Exhibit F - Bridge Replacement/Rehabilitation (Category 6). 1993-1995 On State System Bridge Program (Additions), 1996 On State System Bridge Program, 1993-1995 Off State System Bridge Program (Additions), and 1996 Off State System Bridge Program TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page 5 of _~ Pages O~str~Ct NO VARIOUS Exhibit G - Farm to Market Road Program (Category 8) 1992-1994 Farm to Market Road Program (Addltlons) and 1995 Farm to Market Road Program Exhibit H - Commlss~on Strategic Priority (Category 12) Exhibit [ - State Funded Mobility (Category 13) Exhibit J - Miscellaneous Programs (Category 16) 1994 Railroad Grade Crossing Replank~ng Program IT IS FURTHER ORDERED that the Executive D~rector ~s hereby authorized to proceed ~n the most feasible and economical manner w~th project development for the pro3ects included ~n Exhibits B through J to include any necessary agreements, right of way acquisition, utility adjustments, and relocation assistance, subject to the policies of the Texas Department of Transportation and all applicable Federal and State laws governing the acquls~t~on policies for acqulnng real property IT IS FURTHER ORDERED that the specific allocation programs authorized by M~nute Order 101765 for the 1993 lrans~tlonal Project Development Plan shall remain active and in effect IT IS FURTHER ORDERED that the sections of h~ghway shown ~n Exhibit K are hereby designated as a part of the State H~ghway System subject to the conditions ~nd~cated IT IS FURTHER ORDERED that this Minute Order be effective as of September 1, 1993 SubmlLLed by ~xamlned and recommended by g~rector of Hlghway Design Approved Associate Fxecut~ve D~re~tor [xecut~ve D~rector Minute Number [02542 DaLe Passed JUt 29 93 FRANSPORTATION IMPROVEMENT PROGRAM DALLAS DALLAS FORT WORTH MPO FY 1997 September 14 1995 31 RIOT I~AME ~)~ 6E-SIGN~TTO-N ............. p-R~ ID FED PROG FEDERAL ;OMMENTS TY LOCATION (FROM) F CLASS ST CAT STATE LOCATION (TO) LANES PHASE LOCAL DESCRIPTION OF WORK LENGTH MPO TOTAL \LLAS IN DESOTO 7 5 0 C E 20 800 I DE SOTO COV 9918~5-90t S~GNAL IMPROVEMENTS 0 001 1106 $ 104 000 L &~ t.~, ~ .... MH 1497 CMAQ 123999 )6/04 ALLAS ON 8TH/gTH STREET FROM HUNTER FERRELL 4 5 0 IH 20 IN GRAND PRAIRIE 0 C E ~57 818 .~P~,ND PRAIRIE 9918.-45-906 SEVERAL INTERSECTIONS O001 1106 281,818 :,-A~L~ ...... ~H- .................. -------' 973 CMAQ 32000 96/09 )ALLAS IN DALLAS ON MOTOR STREET 4 5 8 000 AT HARRY HINES BOULEVARD 0 C 10 000 DALLAS 991845-913 INTERSECTION IMPROVEMENTS 0 001 1106 $ 50 000 ............. DALLAS SH 183 4338 CMAQ 612000 97102 DALLAS IH 35E 2 5 153 000 DALLASfrARRANT COUNTY LINE 0 C E __~_ 72 9 061 1106 DALLAS SH 183 4076 200000 97/09 DALLAS AT MOCKINGBIRD LANE 2 5 0 OA~L~,~-- SP366 0853 CMAQ 64000 96/08 DALLAS ON FIELD ST AT WOODALL ROGERS FRVVY 3 5 16 0196~07~)15 NORTHBOUND AND SOUTHBOUND LEFT TURN 0 001 I10~ 100000 _ _ DALLAS US 380 4~g8 ~MAQ lO0 300 DENTON AT MALONE STREET BONNE BRAE STREET AN[ 2, fl [ ~ US67 - 1~1~1 - CMAQ 4488000 98/09 IH 20 , ~ ~, 0 C ~ ,~1~1~?~¢000 I DALLAS ...... s 026~ ~3:%036 HIGH OCOUPA~C~ ~I~I~[CLE LANE 4 BO0 1106 ~ _ "EXHIBIT B" ORDIN CENO 9 7- /3.5 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE FOUR AGREEMENTS BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE STUDY AND IMPROVEMENT OF FOUR INTERSECTIONS WITHIN THE CITY LIMITS OF DENTON, AUTHORIZING TI-rE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager Is hereby authonzed to execute four Congestion Mmgatlon and An' Quality Improvements Agreements between the City of Denton and the Texas Department of Transportauon for the fitrmskmg and installing of traffic mgnals, and the City ts authorized to partlmpate m the development and construction of the project as set forth m the Agreements, copies ofwbach ts attached hereto and incorporated by reference hereto , SECTION II That the City Council hereby authorizes the expenditures of funds as provided m the Agreements SECTION III That tNs ordinance shall become effective mediately upon its passage and approval PASSEDANDAPPROVEDtlustheb%yof m_F/L~_._ ,1907 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, ~4~RNEY TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page l of 5 Pages District RD VARIOUS WHEREAS, the Project Development Plan (PDP) of Lhe Texas Department of Transportation is a ten year plan which authorizes ,project planning and development, and ~s submitted to the Texas ,Transportation Commlss'on for approval on an annual basis, and WHEREAS, the 1993 Transitional PDP was structured and developed w~th categories to utilize the lntermodal Surface Transportation Efficiency Act of 1991 (ISTEA); and WHEREAS, development and construction of many projects ~n the PDP are subject to the approval/concurrence of the Metropollt~n Planning Organizations (MPOs); and WHEREAS, the MPOs have recently made s~gnlflcant modifications to the list of projects which they propose to ~nclude in thelr Transportation Improvement Programs (TiPs); and WHEREAS, the letting to contract of projects contained in the PDP ~s further subject to the ava~lab~llty of projected funds; and WHEREAS, the structure of the various categories of work, ~nclud~ng the description, the restrictions, the method of allocation and policy of the 1993 Translt~onal PDP was outlined ~n Minute Order 101106 dated June 24, 1992 and amended in Minute Order 101590 dated October 28, 1992; and WHEREAS, M~nute Order 101588 dated October 28, 1992 approved the structure of the allocation program portion of the 1993 Transitional PDP, and authorized projects ~n various allocation programs; and WHEREAS, an update of these previously authorized projects and policies ~s required to more accurately depict and properly guide planning and development; and WHEREAS, ~t is appropriate to address the status of the 1993 Transitional PDP and the approval of the 1994 PDP separately w~th respect to mob}l~ty and allocation categories, and TEXAS TRANSPORTATION COMF~ISSION ~AR[OUS County MINUTE ORD[R Page 2 of 5 _Pages District No VARIOUS WHEREAS, for mobility categories, Minute Order 101106 and subsequent Mtnute Orders 101586 and 101587 dated October 28, 1992 approved speclftc pro2ects for various levels of authorlzatton tn the 1993 Transtt~onal PDP ~n Category 1 - Interstate Constructton, Category 3A -Nattonal H~ghway System (NHS) Mob~ltty, Category 3B - NHS Texas Trunk System, Category 3D - NHS Traffic Management, Category 3E - NHS M~scellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobtl~ty; and WHEREAS, for mobtllty categories, M~nute Order 10158~_and subsequent M~nute Order 101765 dated December 22, 1992 approved spectf~c pro2ects for various levels of authorization tn the 1993 Transttlonal PDP tn Category 4C - Surface Transportation Program (STP) Metropolttan Mobtltty/Rehabtlttat~on, Category 4D - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobll~ty/Rehabtl~tat~on, Category 5 -Congestton Mtt~gat~on and A~r Qualtty Improvement; and WHEREAS, for allocation cate§ones, M~nute Order 101588 and subsequent Mtnute Order 101765 approved spectf~c pro2ects tn the 1993 Transttlonal PDP tn Category 4A - 1993 Htghway Safety Improvement Program, 1993 Federal Railroad Signal Pro§ram, and 1993 Ratlroad School Bus S~gnal Program, Category 6 - 1993-1995 On State System Bridge 'Program, and 1993-1995 Off State System Bridge Program, Category 8 - 1992-1994 Farm to Market Road Program, and Category 16 - 1993 Railroad Grade Cross Replanktng Program; and WHEREAS, several of the allocatton programs approved ~n the 1993 Transtttonal PDP currently have unobl~gated balances for which pro2ects have now been tdent~fled as addttlons to the prewously approved programs, and WHEREAS, M~nute Order 101765 authorized d~stnct allocations for the allocation program portion of the 1994 PDP, and d~rected that when the pro2ects have been selected for allocation programs (other than "bank balance" programs), the programs be returned to the attention of the Commss~on for approval of specific projects, and TEXAS TRANSPORTATION COMMISSION VARIOUS County MIHUT[ OROER Page 3 of 5 Pages 91str]ct No VARIOUS WHEREAS, projects have now been identified for the allocation programs of the 1994 PDP, NOW, THEREFORE, IT IS ORDERED that the structure of the various categories of work, ~ncludlng the description, the restrictions, the method of allocation and policy outlined ~n Minute Orders 101106 and 101590 ~s hereby cancelled, and IT IS FURTHER ORDERED for mobility categories that the authorization for the Category 3A - NHS Mobility, Category 3B - NHS Texas Trunk Sytem, Category 39 - NHS Traffic Management, Category 3E - NHS M~scellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobll~ty projects l~sted ~n M~nute Orders 101106, 101586 and 101587 are hereby cancelled, and IT IS FURTHER ORDERED for mobility categories that the authorization for Category 4C - STP Metropolitan Mobility/Rehabilitation, Category 49 - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobility/Rehabilitation and Category 5 - Congestion M~t~gat~on and A~r Quality Improvement projects l~sted ~n Minute Orders 101588 and 101765 are hereby cancelled; and IT IS FURTHER ORDERED for allocation categories that the projects approved as a part of past allocation programs that have not been selected for other categories of the 1994 PDP shall retain their authority ~n those programs, and TEXAS TRANSPORIATION COMMISSION VARIOUS County MINUT[ ORDER Page 4 of 5 Pages District No VARIOUS IT IS FURTHER ORDERED that the 1994 PROJECT DEVELOPMENT PLAN as shown ~n the following exhibits ~s hereby approved Exhibit A - Structure of the various categories of work, Including descriptions, restrictions, methods of allocation and policy Exhibit B - Interstate Construction (Category 1) Exhibit C - National Highway System (Category 3) NHS Mobility, NHS Texas Trunk System, NHS Traffic Management Systems, and NHS M~scellaneous Exhibit D - Surface Transportation Program (Category 4) 1994 Highway Safety Improvement Program, 1994 Federal Railroad S~gnal Program, 1994 Railroad School Bus S~gnal Program, 1993-2002 Metropolitan Mobility/Rehabilitation Program, 1993- 2002 Urban Mobility/Rehabilitation Program, 1993-2002 Rural Mobility/Rehabilitation, and 1994 Railroad Grade Separations Program Exhibit E - Con9est~on M~t~§at~on and A~r Quality (Category 5) Exhibit F - Bridge Replacement/Rehabilitation (Category 6)' 1993-1995 On State System Bridge Program (Additions), 1996 On State System Bridge Program, 1993-1995 Off State System Bridge Program (Additions), and 1996 Off State System Bridge Program TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page 5 of _~__Pages DistriCt No VARIOUS Exhibit G - Farm to Market Road Program (Category 8) 1992-1994 Farm to Market Road Program (Additions) and 1995 Farm to Market Road Program Exhibit H - Commission Strategic Priority (Category 12) Exhibit | - State Funded Mob]l~ty (Category 13) Exhibit 2 - Miscellaneous Programs (Category 16) 1994 Railroad Grade Crossing Replank]ng Program IT IS FURTHER ORDERED that the Executive Director ts hereby authorized to proceed in the most feasible and economical manner with pro3ect development for the pro3ects ~ncluded in Exhibits B through J to include any necessary agreements, right of way acquisition, utility ad3ustments, and relocation assistance, subgect to the policies of the Texas Department of Transpo~rtat]on and all applicable Federal and State laws governing the acquisition policies for acqu~nng real property IT IS FURTHER ORDERED that the specific allocation programs authorized by Minute Order 101765 for the 1993 lransltlonal Progect Development Plan shall remain active and in effect IT IS FURTHER ORDERED that the sections of h~ghway shown in Exhibit K are hereby designated as a part of the State Highway System sub3ect to the conditions Indicated IT IS FURTHER ORDERED that this M~nute Order be effective as of September 1, 1993 Submitted by Examined and recommended by / D~rector of H~ghway Design -- Approved AsSociate [xecut~ve D~rector Fxecut~ Director Minute Number [02542 Date Passed JUt 29 93 TRANSPORTATION IMPROVEMENT PROGRAM OALLAS DALLAS FORT WORTH MPO FY 1996 September 14 1995 )1 s-T~l~ F ........................... P-RB ~- i-D ..... E E-D-P-R6 ~, NAME OR DESIGNATION ~TY LOCATION (FROM) F GLASS ST CAT STATE LOCATION (TO) LANES PHASE LOCAL . DESCRIPTION OF WORK ......... L_EN_G._T_H .... MPO TOTAL ,ALLAS iNTERSECTIONS OF BELT LINE ROAD AND 3 5 4 000 CLARK ROAD IN CEDAR HILL 0 C [ 5 0OO CEDAR HILL 1047~33~gg0 LEFT TURN CHANNELIZATtON 0 001 It 06 $ 25 000 D~A~-- -' F-M-4~£ ............... -0~ .... C~AD- - - ~ 640 99 / O9 DENTON FM 423 AT NORTH COLONY BOULEVARD 0 5 11 520 0 C 67 840 THE COLONY 1567-O2-O17 EASTBOUND RIGHT AND LEFT TURN LANES 0 001 1106 128 000 DALLAS FM426 1~4 C~Q DENTON IN DENTON ON BELL ST 4 5 2 234 AT MCKINNEY ST 0 C 0 DENTON 0081-11-018 INTERSECTION IMPROVEMENTS 0001 1106 1I 171 D-A-~ .... F-M-.~-- ...................... 4T~ ......'- ~a-~ $- - - -3~ ~8~ '9~ 7o~ ....... DENTON AT MAYHILL IN THE CITY OF DENTON 3 5 8 360 0 C E 34 g60 DENTON 0081-11-019 TRAFFIC SIGNAL IMPROVEMENTS 0 001 1106 $ 76 DENTON IH 35 AT US 380 I 5 16 000 0 C E 20000 DENTON 019S~2 go! INTERSECTION IMPROVEMENT 0001 1106 $ 100000 DALLAS IH35E 4087 CMAQ $ 64800 g6/o4 DENTON AT MCCORMICK IN THE CITY OF DENTON 1 5 0 0 C E 55 2OO DENTON OI 9~03~252 TRAFFIC SIGNAL IMPROVEMENTS 0 00~ 1106 $ ~20 000 _ D~71~.~ -- I~ ~5'~ .................. 1248 CMAO 320 000 96 / 03 [ S AT VALWOOD PKWY AND VALLEY VIEW LANE 0 5 80 003 0 C 0 0196~3-184 2 INTERSECTIONS IMPROVEMENTS 0 001 1106 400 00(3 DALLAS IH35E 2223 CMAQ 19200 96/09 DALLAS ON TRINITY MILLS 1 5 4 800 AT IH 35E 0 E 6000 CARROLLTON 0196-03-909 INTERSECTION IMPROVEMENTS 0 001 1106 30 DALLAS IH 35E 4338 CMAQ 80 000 96 / 07 DALLAS US 67 I 5 20 000 INDUSTRIAL BLVD 0 C E 0 0442-02114 INSTALLATION OF HIGHWAY ADVISORY RADIO 0001 1106 DALLAS IH 35E 4282 CMAQ $ 9 60097 / 08 DALLAS INTERSECTION OF tH 35E WITH PLEASANT RUN 0 5 2 400 IN DESOTO 0 C 0 DE SOTO 0442-02 905 TRAFFIC SIGNAL CONTROLLER UPGRADE 0 001 1106 $_ 12 000 DALLAS VARIOUS LOCATIONS ON IH 635 AND IH 35E 1 5 40 0 CE 0 2374~1 100 INSTALLATION OF HIGHWAY ADVISORY RADIO 0 001 1106 200 000 DALLAS IH 635 4294 CMAQ 960 000 96 / 05 DALLAS INTERCHANGE WITH US 75 1 5 240 000 0 C 0 DALLAS 2O0O0O 2374~1 101 INCIDENT DETECTION AND RESPONSE SYSTEM 0 001 1106 OA~L~-- - ~H~S ii13 C~Q 20075 96/O9 DALLAS AT WEBB CHAPEL ROAD AND MEDICAL 0 5 4 924 IN THE CITY OF FARMERS BRANCH 8 E 12 878 FARMERS BRANCH ~4-01 906 INTERSECTION IMPROVEMENTS 0 001 1106 37 879 [ 5 IH635 ~18 CMAQ $ 9600 9610~ DA~S ON DENTON DRIVE 5 5 2 400 AT IH 635 0 E 3000 DALLAS 2374~1 908 NORTHBOUND AND SOUTHBOUND LEFT TURN 0 001 1106 15 000 Denton Count~ CSJ 2250 02~ LOOP 288 At KINGS ROW STATE OF TEXAS * COUNTY OF TRAVIS * AGREEMENT (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of Denton, Texas, acting by and through the Denton City Council, hereinafter called the "City" WITNE S SETH WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 ("ISTEA") codified under Title 23 U S C Sectlon 10~ et seq , establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner, and WHEREAS, Title 23 U S C Section 149 establishes a congestion m±tlgatlon and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the gtates' Transportation Agencies, and WHEREAS, Title 23 U S C Section 134 establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies develop transportatIon plans and programs for urbanized areas of the State, and WHEREAS, the State and the City desire intersection improvements to Loop 288 at Kings Row, as shown in "Exhibit A", to be hereinafter identified as the "Project", and WHEREAS, Title 23 U S C Section 120 establishes that the Federal share of funding for CMAQ programs will not exceed eighty percent (80%) of the Project cost, and WHEREAS, the City has offered to participate In the development and Page 1 of 8 10/14/96 construction of the Pro3ect by providing funding and other necessary items as required by the State, and WHEREAS, on ~he 6th day of May 199__7, the Denton City Council passed Resolution No 97-135 , attached hereto and identified as "Exhibit B", authorizing the City's participation in the development of the Pro3ect, and WHEREAS, the State will secure the Federal cost share, prepare the preliminary engineering and design plans, let the construction contract, provide the construction Inspection, and provide other items as required, and WHEREAS, on the 29 day of July , 1993, the Texas Transportation Commission passed Minute Order 102542 , attached hereto and identified as "Exhibit C", authorizing the Project through the State Transportation Improvement Program, AaREEMENT NOW, THEREFORE, in consIderation of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as followsz i CQNTRACT PERIOD Thls agreement becomes effective upon final execution by the State and shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided 2 ~ A The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission B The Pro]eot will be designated as a ~ for the limited purpose of constructing the roadway facility, however, any existing city street wlthln the limits of the Project will not be designated or incorporated therein prior to the State's award of the construction contract C The City will continue to provlde maintenance for all city roads within the limits of the Pro3ect until the State's award of the construction contract Page 2 of 8 10/14/96 3 UTILITY ADJUSTMENTS/RELOCATIONS In the event the proposed highway construction requires the adjustment, removal or relocation of utility fao~lltles, the State w~ll establish the necessary utillty work in accordance with 43 TAC, Sec 21 31 21 53, ~f applicable, and notlfy the affected utility companies of the required work Unless otherwise provided by the owners of the utility facilities, the State shall be responsible for the adjustment, removal or relocation of such utility facilities ~n accordance with applicable State law, regulations, policies and procedures In the event additional utilities are required to be ad3usted, removed or relocated during the construction of the Project, the State will be responsible for accomplishing the addltlonal utility work, unless this work is provided by the owners of the utility facilIties 4 ENVIRONMENTAL MITIGATION A The State will be responsible for the mltlgatlon and remedlation of any environmental problems associated with the development and construction of the Pro3ect These may involve, but not be limited to studies related to the following 1 public involvement 2 Envlronmental Impact Studies 3 Environmental Assessments 4 applicable environmental documents discussing social, economic and environmental ~mpacts of the proposed pro3ect 5 noise analysis 6 air quality analysis 7 4(f) lands such as publlc parks, recreational areas, wildlife/waterfowl refuges 8 historical and archeologlcal sites as regulated by the State Historical Preservation Office and Texas Antiquities Commission 9 wetlands, Jurisdictional Waters, and vegetation as regulated by Texas Parks and Wildlife (TPW) 10 prime and unique farmlands as regulated by Soil Conservation Service 11 threatened or endangered species as regulated by TPW and U S Fish and Wildlife 12 erosion control and applicable National Pollution Discharge ElImination System (NPDES) 13 applicable permits from U S Corps of Engineers B In addition, the State will be responsible for the assessment, remedlatlon and/or disposal of regulated materlals encountered prior to and during construction, which may include but not be l~mlted to the following 1 asbestos containing materials as regulated in 40 Code of Federal Regulations (CFR) 763 Page 3 of 8 10/14/96 2 polychlorlnated blphenols as regulated by 40 CFR ;61 3 petroleum (1 e Gasoline and diesel) contaminated soils as regulated by 31 Texas Administrative Code 334 4Hazardous Waste as defined in 40 CFR 261 5 Class I and II waste as regulated by Texas National Resource Conservation Commission 6 infectious or blood borne pathogen waste 7 radioactive waste 8 all Comprehensive Environmental Response and Comprehensive Liability Acts as identified in 40 CFR 300 399 The State will not let the construction contract until all known environmental problems have been remedlated 5 ENGINEERING RESPONSIBILITIES A The State will prepare the Project's preliminary en~lneerln~ necessary for the development of the plans, specifications and estimate (P S & E ) Development of the preliminary engineering shall include an FHWA approved schematic, an environmental assessment and conducting of public hearings, as required B The P S & E shall be developed by the State or %ts consultant in accordance with the latest edition and revisions of the State's QDeratlons a~d procedures Manual, the State's Standard Specifications for Construction of HiGhways, Streets and BridGes, and The Texas Manual on Uniform Traffic Control Dlvlces (TMUTCD) For all items not discussed in the above documents, the American AssociatIon of State HiGhway and Transportation Officials' A Policy On Geometric DeslGn of H1Ghwavs and Streets shall be referenced for Guidance 6 CONSTRUCTION RESPONSIBILITIES A The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contzact for construction of the Pro3ect in accordance wlth ex~stln~ procedures 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 responsibility of the State B The State will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testlng services as may be required to ensure that the construction of the PaGe 4 of 8 10/14/96 Pro3ect is accomplished in accordance with the approved P S & E The City will be allowed to review the construction work provided the review does not interfere with the work being performed by the State's contractor C Upon completion of the Pro3ect, the State will issue to the City a "Notification of Completion", acknowledging that the P~o3ect has been completed 7 FUNDING RESPONSIBILITIES A The ltem~ sub3ect to Federal reimbursement, for this Project, estimated cost of LI~A ltem~ is Construction items shall include construction engineering and testln9 services B The State will be responsible for securing the Federal share of funding required for the~constructlon of the ProDect The C~ty will ~ ~T~-'~ ' ' costs associated wlth the be responsible for any non-ze~eral participation Pro~ect C Upon execution of this agreement, the City will submit a check or warrant made payable to the "Texas Department of Transportation" ~n the amount of $ 6,103 This amount is based on twenty one percent (21%) of the estimated engineering costs These funds will be utilized by the State D Sixty (60) days prior to the date set by the State for reclept of the construction bids, the State will notify the City to make available funding required for the construction of the Pro3ect The City shall remit a check or warrant payable to the "Texas Department of Transportation" in the amount specified by the State equal to twenty one percent (21%) of the total estimated construction cost Payment must be made within thirty (30) days of receipt of the State's written notification The City contribution is estimated to be $ 35,897 The City shall fund all non federal and non state participation costs of any and all change orders or cost overruns Payment for these change orders or cost overruns must also be made within thirty (30) days of receipt of the State's written notification Page 5 of 8 10/14/96 E The State will perform an audit of all costs associated with the Prelect upon completion In the event additional funding is required by the City at anytime during the development of the Pro3ect, the City wll] provide the funds wlthln thirty (30) days from receipt of the State's wrztten notification In the event any funds are due the City, the State will promptly make arrangements to provide the funds to the City ~106 001CT COST RECOVERY PLAN et seq , Goverrn~ent Code, Vernon's Code Annotated, requl~~/ ~uState to r~a~t er indirect coSt~r~d on a ~ ~osts will be lnrS g ~te's ~sdlrect~ery Plan and are estimated to b~responslbl~ty one percent (21%) ~ City's 1 dn lr~c~ c°sts _~_a~?stzmated t° be~ $ 3.578 ayment must be made within thirty (30) days fro~~of the ~rltten notification ~/~'~ /~ 9 OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City and all documents prepared by the State shall remain the property of the State All data prepared under th~s agreement shall be made available to the State without restrictIon or limitation on their further use 10 TERMINATION A This agreement may be terminated by any of the following conditions (1) By mutual written agreement and consent of both partles (2) By either party, upon the failure of the other party to fulfill the obligation as set forth here~n B The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement If the potential termination of this agreement ~s due to the failure of the City to fulfill its contractual obligations as set forth here~n, the State w~ll notify the City that possible breach of contract has occurred The Page 6 of 8 10/14/96 City should make every effort to remedy the breach ~s outlined by the State within a period mutually agreed upon by both parties 11 INDEMNIFICATION The City acknowledges that it is not an agent, servant, or employee of the State, and that it is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in ~on3unctlon with the performance of work covered under tkls agreement 12 AMENDMENTS Any changes in the time frame, character, agreement provisions or obllqatlons of the parties hereto shall be enacted by written amendment executed by both the City and the State 13 LEG~ CONSTRUCTION In case one or more of the provisions contained in thl~ a~reement shall for any reason be held invalid, illegal or unenforceable in aIly respect, such invalidity, llleqallty or unenforceablllty shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained hereln 14 NOTICES All notices to elther party by the other requlred under this a~reement shall be delivered personally or sent by certified U S mall, postage prepaid, addressed to such party at the following respective addresses State Texas Department of Transportation Attention Director of Transportation Planning and Development 9700 East R L Thornton Dallas, TX 75228 City The City of Denton, Texas 215 East McKlnney Street Denton, Texas 76201 All notices shall be deemed ~lven on the date so delivered or so deposited in the mall, unless otherwise provided herein Either party hereto may change the above address by sending written notice of such chan~e to the other in the manner provided herein Page 7 of 8 10/14/96 15 SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subDect matter IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed n duplicate counterparts v Ted Benavldes Typed Name Clty Ma. nager ATTEST ~ ~ D ~~_~.~ U '' ~Clty Secretary THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Minute Order No 100002 and A~mmnzctratmvc ' Circular 2~ 93, for the purpose and effect of actlvat~ng and carrying out orders, established policies or work programs heretofore approved by the Texas Transportation CommissIon Mann,ar of .qcvzcw znd ~c~t~atc~ Ccn*raets ~ Page 8 of 8 10/14/96 0