1997-136 O INA CE NO q
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE-
MENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVE-
MENTS TO CARROLL BOULEVARD FROM F M 428 TO U S 377 UNDER THE URBAN
STREET PROGRAM, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE,
AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION I That the City Manager is hereby authorized to execute an Agreement with
the Texas Department of Transportation for improvements to Carroll Boulevard from F M 428
to U S 377 under the Urban Street Program, wl~ch is attached hereto and incorporated by refer-
ence herein
SECTION II That the expenditure of funds as provided in the attached Agreement is
hereby authorized
SECTION III That this orchnance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the ~"~ dayof "~.f/~/~ ,1997
J~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPR~ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
e \wpdocs\ord\carroll blvd imp
Denton County
CSJ 0918 46 081
STATE OF TEXAS *
COUNTY OF TRAVIS *
AGREEMENT
(URBAN STREET PROGIt%M)
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"
WITNESSETH
WHEREAS, the Project Development Plan (PDP) is a ten-year plan, which
authorizes project planning and development, and
WHEREAS, on the 25th day of ~, 1996, the Texas Transportation
Commission passed Minute Order 106713 , attached hereto and identified as
"Exhibit A", approving the 1997 Urban Street Program, which addresses
reconstruction and restoration needs on city streets (collector or higher)
w~th~n urbanized areas w~th populations of 50,000 or more, and
WHEREAS, the State and the City desire improvements on Carroll Boulevard
from F M 428 to U S 377, as shown in "Exhibit B", to be hereinafter ~dentlfled
as the "Project", and
WHEREAS, the Metropolitan Planning Organlzatlon(MPO) has selected this
Project with the concurrence of the State, and
WHEREAS, Exhibit J of Minute Order 106713 establishes that the State
share of funding for each urban Street Program project will not exceed eighty
percent (80%) of the costs of its grading, base, pavement, cross drainage,
pavement markings, guard fence and other safety features, and
WHEREAS, Exhibit J of Minute Order 106713 establishes, the City will
provide 20% of the costs of the heretofore mentioned items, and will pay one
hundred percent (100%) of any storm sewer, curb and gutter, sidewalks,
driveways, right-of way, utility adjustments and environmental mitigation
(1 e , sound walls, etc ), and
3/21/97 Page 1 of 10
WHEREAS, the City has offered to participate in the development and
construction of the Project by providing funding, preparing or causing to have
prepared the design plans, letting the construction contract, providing
construction inspection, acquiring the necessary right-of way, providing
relocation assistance, preparing right of way description and value
determination, accomplishing the adjustment of utilities, condemning property,
providing certifications, providing environmental mitigation and providing
other necessary ~tems as required by the State, and
WHEREAS, on the 6th day of May , 19 97 the Denton City Council
passed Ordinance No 97-136 , attached hereto and identified as "Exhibit C",
authorizing the City's participation in the development of the Project, and
WHEREAS, the State will review the engineering and right of-way related
items, and other items as requi~ed, and maintain construction oversight,
A~REEMENT
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
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
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 METROPOLITAN HIGHWAY 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 prior to the City's award of the
construction contract
C The City will continue to provide maintenance for all city roads
within the limits of the Project
3/21/97 Page 2 of 10
3 ACOUISITION OF RIGHT-OF WAY AND RELOCATION ASSISTANCE
In the event right-of-way needs arise, the City shall perform all
necessary requirements to acquire the desired right-of way required for
the construction of the Project The City will comply with all
requirements of Title II and Title III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, T~tle 42
U S C A Section 4601, et seq , ~ncludlng those provisions relating to
incidental expenses ~ncurred by the property owners, and benefits
applicable to the relocation of any displaced person as defined in 49
CFR, 24 2(g) Documentation to support such compliance must be
maintained and must be made available to the State and 1ts
representatives for review and inspection The City shall secure
easements over any land in addition to normal right of-way as may be
indicated on the approved rIght-of-way map The City will be
responsible for any addmtlonal right of way required for the completion
of the Pro3ect
4 RIGHT OF-WAY DESCRIPTION
In the event rlght-of-way needs arise, the C~ty w~ll prepare right of-
way maps, property descriptions and other data as needed to properly
describe the right-of-way which the City is to acquire and provide for
the Project The r~ght-of-way maps and property descriptions shall be
submitted to the State for approval prior to the City acquirIng the
necessary right-of-way Tracings of the r~ght-of way maps shall be
retained by the City for 1ts permanent records
5 UTILITY ADJUSTMENTS/RELOCATIONS
If the required right-of-way encroaches upon ex,sting utilities and the
proposed h~ghway construction requires the adjustment, removal or
relocation of such utility facilities, the City w~ll establish the
necessary utility work ~n accordance with 43 TAC, Sec 21 31 21 53, if
applicable, and not~fy the affected utility companies of the required
work Unless otherwise provided by the owners of the utility
facilities, the C~ty shall be responsible for the adjustment, removal or
relocation of such utility facilities ~n accordance w~th applicable
3/21/97 Page 3 of 10
State law, regulatmons, polmcles and procedures In the event
addmtmonal utmlltmes are required to be ad]usted, removed or relocated
durmng the constructmon of the Pro3ect, the City wmll be responsible for
accomplishing the addxtmonal utzlmty work, unless thms work ~s provided
the owners of the utlllty facll~tmes
~
The Cmty shall provlde to the State forty fmve (45) days prior to the
construction contract let date, certlfmcatlon that all rmght-of-way has
been acquired, all environmental problems have been remedlated, and all
conflmct~ng ut$11t~es have been adjusted to clear the proposed
constructmon
ENVIROIql~ENTAL MITIGATION
The Czty wzll be responszble for the assessment, mltlgatmon and
remedlatlon of any envmronmental problems associated with the
development and construction of the Project These may mnvolve, but not
lmm~ted to studies related to the following
1 public involvement
2 Envmronmental Impact Studmes
3 Environmental Assessments
4 applmcable envmronmental documents dmscusszng socmal, econommc and
environmental mmpacts of the proposed project
5 no~se analysis
6 air quallty analysis
7 4(f) lands such as publmc parks, recreational areas,
wlldlzfe/waterfowl refuges
8 historical and aroheolog~cal smtes as regulated by the State
Historical Preservatlon Offmce and Texas Antmqu~tmes Commmsslon
9 wetlands, Jurisdictional Waters, and vegetatmon as regulated by
Texas Parks and Wildlife (TPW)
10 prmme and unmque farmlands as regulated by So~l Conservation
Servmce
11 threatened or endangered species as regulated by TPW and U S Fmsh
and Wlldllfe
12 erosmon control and applmcable National Pollutzon Discharge
Elmmmnatlon System (NPDES)
13 applicable permmts from U S Corps of Engmneers
In addition, the City wmll b~ responszble for the assessment,
remedmatlon and/or disposal of regulated materials encountered prmor to
and durmng constructmon, whmch may mnclude but not be lmmmted to the
following
1 asbestos contaznlng materials as regulated mn 40 Code of Federal
Regulations (CFR) 763
2 polychlorlnated bmphenols as regulated by 40 CFR 761
3 petroleum (~ e , gasoline and dmesel) contammnated so~ls as
Page 4 of 10
regulated by 31 Texas Administrative Code 334
4 Hazardous 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 City shall not let the construction contract until all known
environmental problems have been remedlated
8 ENGINEERING RESPONSIBILITIES
A The City will prepare or cause to have prepared the Project'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 assistance to the State in conducting public hearings, as
required
B The P S & E shall be developed by the City or its consultant in
accordance with the latest edition and revisions of the American
Association of State Hlghway and Transportation Officials' (AASHTO)
Standards established in AASHTO's A Policy on Geometric Deslan of
H~ohwavs and Streets, the State's ~n~rd S~ec~flcatlons for
Construction of H~ahwavs, Streets and Brldaes, and ~k~
UDlfo~ Traffic Control Devices (TMUTCD) Pavement restoration projects
will be developed to existing or higher pavement standards, based on
current traffic The City shall not let the construction contract
until the P S & E has been approved by the State
9 CONSTRUCTION RESPONSIBILITIES
A The C~ty 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
This Project may not be advertised for letting until the P S & E has
been approved and a letter of Authority issued by the State The
preparation of 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 City
3/21/97 Page 5 of 10
B The City will supervlse 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 Pro3ect is accompllshed in accordance with the approved P S & E
The State will be allowed to observe the construction work provided the
observation does not interfere with the work being performed by the
City's contractor
C Upon completion of the Project, the City will issue to the State a
..Notzflcatlon of Completlon", acknowledging that the Pro3ect has been
completed Upon the State's receipt of the "Notification of Completion",
the roadway will be removed from the State Highway System and will
revert back to the 3urlsdlctlon of the City
10 MAINTENANCE RESPONSIBILITIES
Upon the completion of the Project, the City will assume responsibility
for maintenance of the completed roadway facility
11 FUNDING RESPONSIBILITIES
A The estimated cost of the construction items for this Project,
including construction engineering and testing services, is $~
The estimated cost for revlewlng the design plans is $ 7.500 The City
shall fund thirty percent (30%) of the englneerzng review and
construction costs for the Project, which are subject to State
participation, one hundred percent (100%) of costs associated with any
proposed storm sewer, curb and gutter, sidewalks and driveways, and any
indirect costs as explained in Article 12
B In the event right of-way is required for this project, funding for
right of-way related items, including, but not limited to, the process
of acquisition and securing of easements, acquisition, relocation,
right-of way description and value determination, utility adjustments,
condemnation, certifications and environmental mitigation items listed
in Article 7, paragraph "B" hereabove, will be the sole responsibility
of the City
C The State will be responsible for securing the State share of
funding required for the construction of the Project The City will be
3/21/97 Page 6 of 10
responsible for any non State participation costs associated with the
Project
D Upon execution of this agreement, the City will submit a check or
warrant made payable to the "Texas Department of Transportation" in the
amount of $ 2.250 This amount is based on thirty percent (30%) of the
estimated engineering review costs These funds will be utilized by the
State to review the design plans and cover other incidental costs
E The State shall reimburse the C~ty costs which have been incurred
and are applicable to the Federal cost sharing arrangement established
herein The Payments to the City for services rendered will be made
monthly based upon the City's approved monthly progress report and
itemized and certified statements (Texas Department of Transportation
Form 132, or an invoice that is acceptable to the State) detailed to
show the names of employees, time worked, actual work performed and
actual rates Monthly statements should include authorized non-salary
expenses with supporting itemized invoices
F The itemized and certified statements shall show the total amount
earned to the date of submission and the amount due and payable as of
the date of the current statement Final payment of any money due should
be made to the C~ty after satisfactory completion of all services and
obligations covered in th~s contract, including acceptance of work by
the State and completion of final audit
G The original Form 132, or an invoice that is acceptable to the
State, should be submitted directly to the District Office to expedite
processing Upon receipt and approval of each statement, the Department
shall pay the amount which is due and payable within thirty days' time
H The State will perform an audit of all costs associated with the
Pro3ect upon completion In the event additional funding is required
from 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
3/21/97 Page 7 of 10
~INDIRECT COST RECOVERY PLAN
~6~ctlon 2106 001 et seq , Government Code, Vernon's Code Annotated,
requ~he State~ to recover indirect costs based on a
the State~ a~dlrect costs to complete the Proj~t ~Jrect
costs will be ~n ~ce with the State's~n~~..st ~ov~
Plan The State~ es.m~ndlrect ~~at.e~d w~ l~t~. t~e
13 QWNERSMIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared
by the C~ty shall remain the property of the C~ty and all documents
prepared by the State shall remain the property of the State All data
prepared under th~s agreement shall be made available to the State
without restriction or l~mltatlon on their further use
14
A Th~s agreement may be terminated by any of the following conditions
(1) By mutual written agreement and consent of both parties
(2) By e~ther party, upon the failure of the other party to
fulfill the obligation as set forth here~n
(3) By the State, if ~t determines that performance of the Project
· s not in the best ~nterests of the State
If the contract ~s terminated ~n accordance with the above provisions.
the City will be responsible for the payment of Project costs ~ncurred
by the State on behalf of the C~ty up to the t~me of termination
(4) Upon completion of the terms of th~s agreement
B The termination of this agreement shall extinguish all r~ghts,
duties, obligations and l~abil~tles of the State and C~ty under th~s
agreement If the potential termination of this agreement is due to the
3/21/97 Page 8 of 10
failure of the City to fulfill its contractual obligations as set forth
herein, the State will notify the City that possible breach of the
contract has occurred The City should make every effort to remedy the
breach as outlined by the State wlthln a period mutually agreed upon by
both parties
15 ~
The City acknowledges that it is not an agent, servant, or employee of
the State, and that it ~s responsible for its own acts, forbearance,
negligence and deeds, and for those of its agents or employees in
conjunction w~th the performance of work covered under this agreement
16 ~
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
17 ~
In case one or more of the provisions contained in this agreement shall
for any reasons be held invalid, illegal or unenforceable in any
respect, such invalidity, lllegallty or unenforceablllty shall not
affect any other provisions hereof and th~s agreement shall be construed
as if such invalid, illegal or unenforceable provision had never been
contained herein
18 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
Planning and Development
9700 East R L Thornton
Dallas, TX 75228
City The City of Denton, Texas
Attention Director of Englneerzng
and Transportation
215 East McKlnney Street
Denton, TX 76201
3/21/97 Page 9 of 10
All notices shall be deemed given on the date so delzvered or so
deposited in the mall, unless otherwise provided herein Either party
hereto may change the above address by sending written notice of such
chanqe to the other in the manner provided herein
19 ~
Thzs agreement constitutes the sole and only agreement between the
parties hereto and supersedes any prior understand~nqs or written or
oral agreements respecting the wlthln subject matter
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be
executed in duplicate counterparts
THE CITY OF DENTON, TEXAS
Tod Benavzdes
Typed Name
Cxtv Manaaer
'' / Clt~ Secretary
THE STATE OF TEXAS
Executed for the Executive Director and approved by the Texas Transportation
Commission under the authority of Mznute Order No 100002 and Stand alone
Manual Notlce 96 6, for the purpose and effect of actlvatzng and carrying out
the orders, established pollcles or work programs heretofore approved by the
Texas Transportation Commission
By ~zatopek
Director, General Services Dlvlslon
Date
3/21/97 PaGe 10 of 10
TEXAS TRANSPORTATION COMMISSION
VARIOUS Couaty MINUTE ORDER Page ~ of 2 Page~
D~st~ct V~R. IOUS
WHEREAS, the pROJECT DEVELOPMENT PLAN tth¢ PDP) of the Texas Department
of Trausportatlun (the department) ts a ten year plan which authorizes project planmng and
developmeat, and
WHEREAS, the PDP ts subnntted to the Texas Transportaaon Commt~ilOn (the
commission) for approval on an nnmlal ba~ks, and
WHEREAS, Minute Order 102992 dated November 30, 1993 approved the bsnalmg of
bsnk balance allocation programs for several of the c~to. gorle~ of the PDP, and
WHEREAS, Minute Order 102992 also dtrected that any future program amounts for the
bank balance allocaUon progrsnt~ be returned to the attenUon of the common,on for approval, and
WHEREAS, thts acUon ts consistent with the 1995-1999 Strategic Plan strategy to plan,
design, and msnn~¢ highway projects,
NOW, THEREFORE, 1T IS ORDERED that the annual program amounts and allocauon
formulas for the programs ltsted m the followtng Exhtbits be approved, and the projects
developed as part of the progrsm~ be developed by the departmeat on an as-needed basts
Exh~btt A - Category 2, Interstate Mam.tetmuce
1999-2000 Interstate Rehabdlt:~aon Prograna
Exinblt B - Category 3, Nauonal Htghway System
1999-2000 Nalaonal Highway System Rehabdltauon Program
Exh~btt C - Category 4, Surface TransportaUon Program (STP)
1998-1999 Federal Hazard EhmmaUon Program
199'/Federal Railroad S~gnal Program
1997 Federal Railroad School Bus Signal Program
1999-2000 STP Urban/Rural Rehabd~tanon Program
Exhibit D - Category 7, PrevenUve Maintenance
1997 State Prevenuve Mamteaance Program
1997 Dtstnet Prevenuve Maintenance Program
Exhibit E - Category 8, State Farm to Market Roads
1997 Farm to Market/Ranch to Market Road Rehabd~tat~ou Program
Exhibit F - Category 9, State Park Roads
1998 State Park Road Program
Exhibit G - Category 10, State RchabflitaUon of Signs, Signals and Pavement Markings
1997 Traffic Control Dev~c, es Program
1997 Rehabd~taOon of Traffic Management Systems Program
TEXAS TRANSPORTATION COMMISSION
V~ARIOUS County Mll~OTE ORDER Page ~ of ~ Pages
Dtstnc~ VARIOUS
Exhtbtt H - Category 11, State D~stnct Dtscretionary
1997 D~stnet D~scret~onary Program
Exhtb~t I - Category 13C, NAFTA Dtscreuonary
1997 D~seretlonary Program for NAFTA Related Projects
Exhibit .I - Category 13D, Urban Street Program
1997 Urban Street Program
Exhlbtt K - Category 14, State RehabflttaUon
1997 State Rehablhtatlon Program
Exhibit L - Catego~ 16, M~ce~llaneous
199"/P, allroad Gl'ade Crossing Raplan¥~rlg Program
199"/Rall[oad Stgnal Mallltonane~ Program
1997 ConstrueUon Landscape Program
1997-1998 Landscape Cost Sharing Program
IT IS FURTHER ORDERED that the ExecuUve Dtreetor u hereby author=ed to proceed
m the most feastble and economical LnSnner wlt~ project development as approved hereto to
include any necessary agreements, right of wa3; acquutUon, ulahty adjustments and relocation
a~latalle~
Submitted by Reviewed by
D~recter, Tvanul~rtatton pla.nnmg and Deputy ExecuO. ve Dtrector for
Programming Dlvlston TnmspoCtatton Planning and Development
Recommended by
ExocUt~Ve D trec.~r
EXHIBIT J
CATEGORY 13D - URBAN STREET PROGRAM
1997 URBAN ~'I'KEET PROGRAM
Desertption
This program addresses reconstrucUon and restoraUon needs on ctty sa-eeLs with
populaUons of 50,000 or more Streets must be classified as a colleaor or htgher
All reconstructlun and added capacity projects must be developed m accordance with
Amertcan Association of State Htghway and TransportaUoa Official's (AASHTO)
standards
This program lapses on 8-31-2000
Program amount
$18,000,000 (Allocations to dtstncts =?ached) (Iacludes local 20% match)
Bas~s of allocatton
This program will be handled as a bank balance program Eligible projeO, s should be
developed by the Metropohtall planmn~ OrgamTatloILs (MPO) with dtstrict level TxDOT
concurrence on an as needed bas~s
Pohcy
Construction fund match and match for purchase of rtght-of-way and utility adjusunents ~s
as follows ~-
The ctty will pay 100 percent of ~torm sewer, curb and gutler, sidewalks, driveways,
rtght-of-way, utfltt~ adjnsnnents _and environmental mtttgataon (i e, sound walls, ere )
TxDOT will pay 80 percent of grading, base, pavement (no prevenUv¢ mamt.ell~ce
projects such as thru overlays and seal coats), cross drainage, pavement marlc,ngs, guard
fence and other safe~ features The ctty will pay 20 percent of the above ttoms
Consultants may be used for plans, sp~ficataons and estimates preparataon The c~t~es
will escrow funds for the department to select, manage and pay the consultants on those
projects that will bo managed by the department A c~ty may request that they be allowed
to provtde complete plans, speclficattons and esnmates, and manage the ¢onsttllCtlOll of a
project On these projects, the deparanent will have oversight and audit responsibility
Responsible dlvtsmn
Transportat~oa Planning and Programming Dtvision
1996 TRANSPORTATION IMPROVEMENT PROGRAM
DALLAS
DALLAS-FORT WORTH MPG
FISCAL YEAR 1998 April 1999
TxDOT DISTRICT NAME OR DESIGNATION I PROJECT ID FED PROG FUNDtNG COMMENTS
COUNTY LOCATION (PROM)i F CLASS STATE CAT FEDERAL
CITY LOCATION (TO) # LANES PHASE STATE
.El'TING DATE DESCRIPTION OF WORK LENGTH LOCAL TCM ~ NEPA
CSJ TOTAL EXEMPT~ ADA
I
DALLAS CS BRDG OF
EM.IS ON STACKS STREET AT FOUNTAIN CREEK 7 69 $ 92
2 C
98102 REPLACE BRIDGE AND APPROACHES 0 066 23 200
091a-22 glo I$ 116000 EXEMPT
)ALLAS FM 720 FM REH
DENTON NORTH JCT FM 423 5 8A 0
SOUTH JCT FM 423 2 C 930 000
I
I
I
PHASE E-ENGINEERING C-CON~T~OTION R-ROW T-TRANSFER V11-47