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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