1997-219AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE-
MENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVE-
MENTS TO EAGLE DRIVE AT BELL AVENUE, EAGLE DRIVE AT CARROLL BOULE-
VARD, AND EAGLE DRIVE BETWEEN AVENUE A AND IOOF UNDER THE CONGES-
TION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM, REPEALING OR-
DINANCE 97-134, 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 Eagle Drive at Bell Avenue, Eagle
Drive at Carroll Boulevard, and Eagle Drive between Avenue A and I00F under the Congestion
Mmgatlon and Air Quality Improvement Program, which is attached hereto and incorporated by
reference herein
SECTION II That Ordinance No 97-134, passed and approved on May 6, 1997 by the
Council of the City of Denton, Texas, is hereby repealed
~ That the expenditure of funds as provided m the attached Agreement is
hereby authorized
~ That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED thls the ~r-''~-~ dayof ~ ,
1997 /o~
JACk--
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Denton County
CSJ 0918-46-911
Eagle Drive Improvements
STATE OF TEXAS *
COUNTY OF TRAVIS *
A~REEMENT
(CONHESTION MITI~ATIONARD
AIR QUALITY IMPROVEMENT PROGP~M)
THIS AGREEMENT, is made by and between the State of Texas, acting by and
through the Texas Department of TransDortatlon 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 Intermodal Surface TransDortatlon Efficiency Act of 1991,
("ISTEA") codified under Title 23 U S C Section 101 et seq , establishes the
National Intermodal TransDortatlon System that is economically efficient and
environmentally sound, provides the foundation for the nation to comgete in
the global economy, and will move Deople 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 attalrnnent
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 corridor improvements along Eagle
Drive, specifically, a continuous left turn lane along Eagle Drive between
Avenue A and I 0 0 F and intersection improvements at the following
intersections Eagle at Bell and Eagle at Carroll, as shown in "Exhibit A", to
be hereinafter identified as the "Project", and
5/9/97 Page 1 of 12
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
construction of the Project by providing funding, preparing the preliminary
engineering and design plans, acquiring the necessary right-of-way, providing
relocation assistance, preparing right-of-way description and value
determlnatlon, accomplishing the adDustment of utllltles condemning property,
providing certifications, providing environmental mitigation, let the
construction contract, provide the construction inspection and provide other
necessary items as requl~ed by the State, and
Council
'?attac ad
passed Ordinance No hereto and Identified as "Exhibit
andB"' authorizing the Clty's partlc~/~the-- /~devel°pment~f o~the//j/)~Pro]ect/
WHEREAS, the State will secure the Federal cost share, review the
engineering and right-of-way related items and provide other items as
required, and
WHEREAS, on the 29th day of July 1993, the Texas Transportation
Commission passed Minute Order 102542 , attached hereto and identified as
"Exhibit C", authorizing the Pro3ect 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
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 hereinafter provided
2 SC P F T
5/9/97 Page 2 of 12
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 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
3 AC0UISITION OF RIGHT-OF-WAY AND RELOCATION ASSISTANCE
The City shall perform all necessary requirements to obtain 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,
Title 42 U S C A Section 4601, et seq , ~ncludlng those provisions
relating to incidental expenses incurred by the property owners, and
benefits applicable to the relocation of any d~splaced 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 its representatives
for review and inspection The City shall secure easements over any land
in addition to normal r~ght-of-way as may be indicated on the approved
right-of-way map The Clty will be responsible for any additional right-
of-way required by the State for the completion of the Project
4 RIGHT-OF-WAY DESCRIPTION
The City will prepare right-of-way maps, property descriptions and other
data as needed to properly describe the right-of-way which the C~ty is to
acquire and provide for the Project The right-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 right-of-way
maps shall be retained by the Clty for its permanent record
5/9/97 Page 3 of 12
5 D~TERI~INATION OF RIGHT-OF-WAY VALUES
The Clty agrees to make a determination of property values for each right-
of-way parcel by methods acceptable to the State and to submit to the
State's D~str~ct Off~ce a tabulation of the values so determined, s~gned
by the approprlate City representative Such tabulations shall list the
parcel numbers, ownershlp, acreage and recommended compensation
Compensation shall be shown in the component parts of land taken,
ltem~zatlon of lmprovements taken, damages (~f any) and the amounts by
which the total compensation w~ll be reduced ~f the owner retains
~mprovements Th~s tabulation shall be accompanied by an explanation to
support the determined values, together w~th a copy of information or
reports used ~n arriving at all determined values The State w~ll review
the data submitted and may base ~ts reimbursement for parcel acquisitions
on the values which are determined by th~s review
6 UTILITY ADJUSTMENTS/RELOCATIONS
If the requlred right-of-way encroaches upon ex~st~ng utilities and the
proposed highway construction requires the adjustment, removal or
relocation of such utility facilities, the C~ty w~ll establish the
necessary utility work ~n accordance w~th 43 TAC, Sec 21 31-21 53, ~f
applicable, and notify the affected utility companies of the required
work Unless otherwise provided by the owners of the utility facilities,
the City shall be responsible for the adDustment removal or relocation of
such utility facilities ~n accordance w~th applicable State law,
regulations, policies and procedures In the event additional utilities
are required to be adjusted, removed or relocated during the construction
of the Pro~ect, the City will be responsible for accomplishing the
additional utility work, unless this work is provided by the owners of the
utility facilities
7 ~
Condemnation proceedings will be initiated at a time selected by the City
and w~ll be the C~ty's responsibility at ~ts own expense as hereinafter
5/9/97 Page 4 of 12
indicated The City will concurrently file condemnation proceedings and a
notice of lis pendens for each case, and in each case so filed the
3udgment of the court will decree title to the property condemned to the
City
8 REIMBURSEMENT FOR RIGHT-OF-WAY
A Reimbursement will be made to the City for costs incurred subsequent
to the Federal Letter of Authority in an amount not to exceed eighty
percent (80%) of the cost of the right-of-way purchased in accordance with
the terms and provisions of this agreement, if funding specifically
allocated for right-of-way related costs for the Project is in the TIP
Reimbursement will be in the amount of eighty percent (80%) of the State's
predetermined value of each parcel, or the net cost thereof, whichever is
the lesser amount In addition, reln~bursement will be made to the City
for necessary payments to appraisers, expenses incurred in order to assure
good title to property acquired as well as incidental expense incurred in
conveying the needed right-of-way to the City Reimbursement shall not
exceed eighty percent (80%) of such documented costs
B If condemnation is necessary and title is taken as set forth herein
under the section entitled "condemnation , the reimbursement by the State
shall be based on the final judgment, conditioned upon the State having
been notified in writing prior to the filing of such suit and upon prompt
notice being given as to all action taken therein Court costs and costs
of Special Commissioners' hearings assessed against the City in
condemnation proceedings conducted on behalf of the State and fees
incident thereto will be paid by the City Such costs and fees will be
ellglble for eighty percent (80%) reimbursement under the established
reimbursement procedure provided such costs and fees are eligible for
payment by the State under existing law
C Utility adjustments which would be eligible for cost participation by
virtue of 23 CFR 645 107 will be eligible for reimbursement to the City at
not to exceed eighty percent (80%) of actual cost
5/9/97 Page 5 of 12
D Reimbursement will be made to the City for costs associated with the
Relocation Assistance Program provided these costs are in compliance with
the rules and regulations formulated by the State and the FHWA It is
further agreed that documentation supporting each reimbursement request
from the City will include the dlsplacee's name and evidence the City's
payment was received by the dlsplacee Reimbursement shall not exceed
eighty percent (80%) of such documented costs
9 ~
The City shall provide to the State forty-five (45) days prior to the
construction contract let date, certification that all right-of-way has
been acquired, all environmental problems have been remedlated, and all
conflicting utIlities have been adDusted to clear the proposed
construction
10 ENVIRONMENTAL MITIGATION
A The City will be responszble for the assessment, mitigation and
remedlatzon 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
public involvement
2 Envmronmental Impact Studies
3 Environmental Assessments
4 applicable environmental documents dlscusszng social, economic and
environmental impacts of the proposed project
5 noise analysis
6 air quality analysis
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 Con~azsslon
9 wetlands, Jurmsdlctlonal Waters, and vegetatzon as regulated by
Texas Parks and Wildlife (TPW)
10 prLme and unlque 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 City will be responsible for the assessment,
remedlatzon and/or disposal of regulated materials encountered prior to
and during construction, which may include but not be limited to the
5/9/97 Page 6 of 12
following
i asbestos containing materials as regulated in 40 Code of Federal
Regulations (CFR) 763
2 polychlorlnated bzphenols as regulated by 40 CFR 761
3 petroleum (1 e , gasoline and diesel) contaminated soils as
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 State wlll not let the construction contract until all known
environmental problems have been remedlated by the City
11 ENGINEERING RESPONSIBILITIES
A The City 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 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 in accordance with the
latest edition and revisions of the State's Standards, which for non-State
Highway/non-Principal Arterial Street System (PASS) projects will be
minimum American Association of State Highway and Transportation
Officials' (AASHTO) Standards established in AASHTO's A Policy On
GeometrIc Deslan of Hlahwavs and Streets, AASHTO's ~de for Design of
Pavement Structures, the State's Standard Specifications for Construction
of Hz~hwavs, Streets and Brld~es, and The Texas Manual on Uniform Traffic
Control Devices (TMUTCD) The City shall submit the completed P S & E to
the State for review and approval The City will not let a construction
contract until the P S & E has been approved
12 CONSTRUCTION RESPONSIBILITIES
A The City 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 existing procedures and applicable laws Any
field changes, supplemental agreements or additional work orders which may
5/9/97 Page 7 of 12
become necessary subsequent to the award of the construction contract
shall be the responsibility of the City and subject to the approval of the
State
B The City 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
Project is accomplished in accordance with the approved P S & E The
State will be allowed to review the construction work provided the review
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
"Notification of Completion", acknowledging that the Project 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 jurisdiction of the City
13 ~AINTENANCE RESPONSIBILITIES
Upon completion of the Project, the City will assume responsibility for
maintenance of the completed roadway facility
14 FUNDING RESPONSIBILITIES
A The estimated cost associated with the items subject to Federal
reimbursement for this Project, including right-of way related items,
State review and construction, is $ ~0,688 Right-of-way related Items
include, but are not limited to, the process of acquisition and securing
of easements, acquisition, relocation, right-of-way description and value
determination, utility ad3ustments, condemnation, certifications and
environmental mitigation items listed in Article 10, paragraph "B"
hereabove Construction items shall include construction engineering and
test~lng services
B Funding for preliminary engineering and P S & E preparation will be
the sole responsibility of the City
C The State will be responsible for securing the Federal share of
funding required for the development and construction of the Project The
5/9/97 Page 8 of 12
City will be responsible for any non-federal participation costs
associated with the Pro~ect
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 $ 5,520 This amount is based on twenty percent (20%) of the
estimated State review costs These funds will be utilized by the State
to review the engineering documentation and cover other incidental costs
E 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 Project 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 (20%)
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 $ ~7,618 The C~ty shall fund all non-
federal and non-state Dartlclpatlon 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
F 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 w~ll
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
w~ll promptly make arrangements to provide the funds to the City
15 INDIRECT COST RECOVERY PLAN
Section 2106 001 et seq , Government Code. Vernon's Code Annotated,
requires the State to recover Indirect costs based on a percentage of the
State's actual direct costs to complete the Project The indirect costs
will be in accordance with the State's Indirect Cost Recovery Plan and are
estimated to be $ 37.997 The City shall be responsible for ~
5/9/97 Page 9 of 12
percent ~) of the State's indirect cost The Czty's Indirect costs are
estimated to be $-~ Payment must be made wzthln thirty (30) days
from receipt of the State's written notification ~ /&~/~/
oF D0cuMEN s
Upon completion or termination of th~s agreement, all documents prepared
by the C~ty shall remain the property of the City and all documents
prepared by the State shall remain the property of the State Ail data
prepared under this agreement shall be made available to the State without
restriction or l~mltatlon on their further use
17 ~
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
(3) By the State, if it determines that performance of the Pro3ect ~s
not in the best interests of the State
If the contract is terminated in accordance with the above provisions, the
City will be responsible for the payment of Pro~ect costs incurred by the
State on behalf of the City up to the time of termination
(4) Upon completion of the terms of this agreement
B The termination of this agreement shall extinguish all rights, duties,
obligations and liabilities of the State and C~ty under th~s agreement If
the potential termination of this agreement ~s due to the failure of the
C~ty to fulfill ~ts contractual obligations as set forth herein, the State
will notify the City that possible breach of contract has occurred The
City should make every effort to remedy the breach as outlined by the
State within a perzod mutually agreed upon by both parties
18 INDEMNIFICATION
The City acknowledges that It ~s not an agent, servant, or employee of the
State, and that it is responsible for ~ts own acts, forbearance,
negllgence and deeds, and for those of ~ts agents or employees ~n
5/9/97 Page 10 of 12
conjunction with the performance of work covered under this agreement
19 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
20 L G T
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 unenforceabll~ty shall not affect any other
provisions hereof and this agreement shall be construed as ~f such
invalid, illegal or unenforceable provision had never been contained
here~n
21 NOTICES
All notices to either party by the other required under this agreement
shall be delivered personally or sent by certzfled U S mall, postage
prepaid, addressed to such party at the following respective addresses
State Texas Department of Transportation
Attention Director of Transportatzon
Planning and Development
9700 East R L Thornton
Dallas, TX 75228
City The City of Denton, Texas
Attention Director of Engineering
and Transportation
215 East McKlnney Street
Denton, Texas 76201
All notices shall be deemed given on the date so delivered or so deposlted
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 provmded herein
22 SOLE AGREEMENT
This agreement constitutes the sole and only agreement between the part~es
hereto and supersedes any prior understandzngs or written or oral
5/9/97 Page 11 of 12
agreements respecting the within subject matter
23 ~
Violet/on or breach of contract terms by the City shall be grounds for
termination of the agreement, and any increased cost arising from the
City's default, breach of contract, or vlolatlon of terms shall be paid by
the C~ty This agreement shall not be considered as specifying the
exclgslve remedy for any default, but all remedies exlstlng at law and in
equity may be availed of by either party and shall be cumulative
24 ~
Should disputes arise as to responsibilities and obligations as set forth
flnal~and~blndlng
in this agreement, the State's decision shall be~ /~W~ ~
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be
executed in duplicate counterparts
THE CITY OF DENTON, TEXAS
Ted Benavldes
Typed Name
Ci~¥ ManaGer Title
_
ATTEST
~ ' ' ~ty 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 Stand-alone
Manual Notice 96-6, for the purpose and effect of activating and carrying out
the orders, established policies or work programs heretofore approved by the
Texas Transportation Commission
Zatopek
D~rector, General Servzces Division
Date
5/9/97 Page 12 of 12
Proposed Additional
Stacking Area
Eagle Drive
Proposed Addd~onal
Stacking Area
EXHIBIT A
I~AG~EE 2 of :3
CITY OF DENTON, TEXAS
PROPOSED ADDITIONAL TURN LANE 8TACKING
CARROLL BOULEVARD / EAGLE DRIVE
Y 3AY EXHIBIT A
.............. .-~ ~.-- ......... PA(~I~ 3 of 3
NO
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
~ That the City Manager is hereby authonzed to execute an Agreement with
the Texa~ Department of Transportation for improvements to Eagle Drive at Bell Avenue, Eagle
Drive at Carroll Boulevard, and Eagle Drive between Avenue A and I00F under the Congestion
Mitigation and Par Quality Improvement Program, which is attached hereto and incorporated by
reference herein
SECTION H That Ordinance No 97-134, passed and approved on May 6, 1997 by the
Council of the City of Denton, Texas, is hereby repealed
SECTION III That the expenditure of funds as provided in the attached Agreement is
hereby attthonzed
SECTION IV That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the ~~''~ dayof
1997 j
JAC~
ATTEST
JENNIFER WALTERS, CITY SECI~TARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
~ T£XYLS TP~ANSPORTAIION CO~ISSION
VARIOUS County MIRUT[ ORDER Page 1 of S _Pages
D~str~ct NO JARIOUS
WHEREAS, the Project Development Plan (PDP) of the lexas
Department of Transportation is a ten year plan which authorizes
project planning and development, and is submitted to the Texas
lransportatlon Commlss,on for approval on an annual basis, and
WHEREAS, the 1993 lrans~tlonal PDP was structured and developed
with categories to utilize the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA), and
WHEREAS, development and construction of many pro~ects in the
PDP are subject to the approval/concurrence of the Metropol~t;~n
Planning Organizations (MPOs); and
WHEREAS, the MPOs have recently made s~gnlflcant modifications
to the list of projects which they propose to include in their
Transportation Improvement Programs (TIPs), and
WHEREAS, the letttn9 to contract of projects contained in the
POP is further subject to the availability of projected funds, and
WHEREAS, the structure of the various categories of work,
lncludln9 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, 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 reqq~red 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 PDP separately with
respect to mobility and allocation categories, and
TEXAS TRANSPORTATION COh~4ISSION
VARIOUS County MINUTE ORD[R Page 2 of 5 Pages
D~strlct No ~AR[OUS
WHEREAS, for mobility categories, Minute Order 101106 and
subsequent M~nute Orders 101586 and 10158/ dated October 28, 1992
approved specific projects for various levels of authorization ~n the
1993 Transitional PDP ~n 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
Miscellaneous, Category 12 - Commission Strategic Priority and Category
13 - State Mobility, and
WHEREAS, for mobility categories, Mlnute Order 101588_and
subsequent M~nute Order 101765 dated December 22, 1992 approved
specific projects for various levels of authorization ~n 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 Mitigation and A~r
Quality Improvement; and
WHEREAS, for allocation categories, M~nute Order 101588 and
subsequent Minute Order 101765 approved specific projects in the 1993
Transitional PDP ~n Category 4A - 1993 Highway 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 Replanklng Program, and
WHEREAS, several of the allocation programs approved in the
1993 Transitional PDP currently have unobl~gated balances for which
projects have now ~een ~dentlfled as additions to the previously
approved programs; and ·
WHEREAS, Minute Order 101765 authorized dlstrlct allocations
for the allocation program portion 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 Commission for approval of specific projects, and
TEXAS TRANSPORTATION COMMISSION
VARIOUS County MINUTE ORDER Page 3 of 5 _Pages
O~str~ct No VARIOUS
WHEREAS, projects hdve now been ~dent~f~ed for the allocation
programs of the 1994 PDP,
NOW, THEREFORE, IT ES ORDERED that the structure of the various
categories of work, Including 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 3D - NHS Traffic Management, Cater]Dry 3E -
NHS M~scellaneous, Category 12 - Commission Strategic Priority and
Category 13 - State Moblllty projects listed in 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
Mob~l~ty/Rehabll~tat~on, Category 4D - STP Urban
Mobility/Rehabilitation, Category 4E - STP Rural
Mob~llty/Rehabll~tatlon and Category 5 - Congestion M~t~gat~on and A~r
Quality Improvement projects l~sted in 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 cate9or~es of the 1994 PDP shall retain their
authority in those programs, and
TEXAS TRANSPORTATION COMMISSION
VARIOUS County MINUT[ ORDER Page 4 of 5 Pages
Dtstrlct No VARIOUS
IT iS FURTHER ORDERED that the 1994 PROJECT DEVELOPMENT PLAN as
shown tn the following exh~btts ts hereby approved
Exhibit A - Structure of the various categories of work,
~nclud~ng descriptions, restrtct~ons, methods of allocatton 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 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
Moblllty/Rehabtl~tatlon, and 1994 Railroad Grade Separations
Program
Exhibit E - Congestion M~t~gat~on and A~r Quality (Category 5)
Exhibit F - Bridge Replacement/Rehabilitation (Category 6)
99'[~'-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 OROER Page 5 of b Pages
O~str~ct NO VARIOUS
Exhibit G - Farm to Market Road Program (Category 8)
1992-1994 Farm to Market Road Program (Additions) and |995 Farm to
Market Road Program
Exhibit H - Commss~on Strategic Priority (Category 12)
Exhibit [ - State Funded Mobility (Category [3)
Exhibit J -Mlscellaneous Programs (Category 16)
1994 Railroad Grade Crossing Replank~ng Program
[l IS FURTHER ORDERED that the Executive D~rector ~s hereby
authorized to proceed in the most feasible and economical manner wlth
project development for the pro3ects 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 ORDERLD that the specific allocation programs
authorized by M~nute Order 101765 for the 1993 lrans~tlonal Pro3ect
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 cond~tlons Indicated
[T IS FURTHER ORDERED that th~s M~nute Order be effective as of
September 1, 1993
Submtted by £xam~ned and recommended by
O~rector of H~'ghway Design' -- Approved - ---~;~-l~-~,--[xec~g~-D~re-~t~r
Executive O}rector
M~nute Number 102542
Date Passed dtll 2g 93
TRANSPORTATION IMPROVEMENT PROGRAM
DALLAS
DALLAS FORT WORTH MPO
FY 1997 September 14 1995
O~ S-T~ I~' ..... N-A-M'~ ~)~ 5E-SI-G'~,TI-O-N .............. P~R~)~' I'~ ..... [~-D-P-'R~
COUNTY LOCATION (FROM) F CLASS ST CAT STATE
LOCATION (TO) LANES PHASE LOCAL
.c_s_J ........ D_E_S _C R/P_TI_O_N _O_F _W_O E_K_ ............. L_E N_G_T_H ..... _MP_O .... TO_T_AL_. ...............
DALLAS CB 3102 CMAQ t3440 901 10
DALLAS 19 INTERSECTIONS ON BELT LINE IN THE 0 5 3 570
CITY OF IRVING 0 C E 3 990 IRVING
0918-45-942 TRAFFIC SIGNAL UPGRADES 0 001 1106 21 000
DALLAS CS 1895 CMAQ 30,250 941 11
DALLAS INTERSECTION OF GUS THOMASSON WITH 4 5 0
IN MESQUITE 0 CE 24750 MESQUITE
0001 1106 55,000
0918-45-945 TRAF. F. IC SIGNAL
DALLAS CS 1894 CMAQ 30,000 9411
DALLAS INTERSECTION OF GROSS ROAD WITH SCYENE 5 5 0
IN MESQUITE 0 C E 30,000 VIESQUITE
091845-948 TRAFFIC SIGNALS 0001 1106 60000
o-Agfi~ ...... c-s-" ....................... ~9-i ....... ~,'b ......
DALLAS INTERSECTION OF BRUTON ROAD WITH 4 5 0
PlONk[ER ROAD IN MESQUITE 0 C E 30 000 MESQUITE
ml~ mRAmc S~GN~S o 00~ ~00 00,00o
............................................. ~
DALLAS CS 1902
DALLAS INTERSECTION OF TOWN EAST BOULEVARD 4 5
SKYLINE DRIVE IN MESQUITE 0 C E MESQUITE
0918-45-951 TRAFFIC SIGNALS O 001 1106 55 000
DALLAS CS 1901 CMAQ 26 790 90 / 10
DALLAS INTERSECTION OF TOWN EAST BOULEVARD 4 5
FORNEY ROAD IN MESQUITE 0 CE 30210 MESQUITE
0918.45-952 TRAPFIC SlGNAL~ 0 001 1106 57 000
DALLAS CS 1897 CMAQ 30000 90110
DALLAS INTERSECTIQN OF MOTLEY ORIV~ WITH 4 5
EASTFIELO COLLEGE iN MESQUITE 0 C E 30,000 MESQUITE
0916-45-953 TRAFFIC 81GNAL~ 0 001 1106 60,000
DALLAS CS 4067 CMAQ 24,000 97 1 09
DALLAS ON DENTON TAP ROAO AT PARKWAY IN THE 5 5 0
CITYiOF COPPELL 0 C E 6 000 COPPELL
DALLAS0~I 8-.45-062 -C-~"INCR-EASE NORTHBOUND LEFT TURN_ STORAGE --4~'0 001 CMAQ1106 ~.~3~30 000
DALLAS ON 8ANDY LAKE ROAD AT DENT~N TAP ROAD 5 5 13,b00
THE CITY OF COPPELL 0 C,E R COPPELL
0918-45-972 EAST AND WESTBOUND DUAL LEFT TURN 0 001 1106
DALLAS CS 4061 CMAQ $ 24000 97/02
DALLAS ON BETHEL ROAD AT DENTON TAP ROAD IN 5 5 0
THE~ClTY OF COPPELL 0 C E 6 000 COPPELL
0918-45-973 EASTBOUND RIGHT TURN LANE 0001 1100 30000
DALLAS CS 2228 CMAQ 2 000 000 / 08
DALLAS VARIOUS LOCATIONS IN DALLAS 0 5 0
0 CE 500000
09t 8-45-974 INTERSECTION IMPROVEMENTS 0001 1106 2,500,000
DALLAS CB 1052 CMAQ 100,000 90/06
DENTON EAGLE AT BERNARD IN DENTON 0 5
0 CE
0918-46-911 INTERCHANGE IMPROVEMENTS 0 001 1106 125 000
DALLAS CS 4038 CMAQ 36000 06/07
DALLAS ON BELT LINE AT MAIN STREET IN THE CITY 5 5
OF CEDAR HILL 0 C E R 9 000 CEDAR HILL
991845-921 INTERSECTION IMPROVEMENTS 0 001 t 106 45 000
DALLAS CS 4309 CMAQ 24000 97/02
DALLAS ON MARSH LANE FROM TRINITY MILLS ROAD 0 5 0
THE SOUTH CITY LIMITS OF CARROLLTON 0 C E 6 000
9918-45-940 TRAFFIC SIGNAL PROGRESSION 2 200 1106 30 000
FILE RRF
JAC ~ RBM
DWS FDA ,
RNW OTHER
Texas Department of Transportation
PO BOX 3067 · DALLAS TEXAS 75221 3067 · (214) 320 6100
October 27, 1997
Control 0918-46-911
Eagle Drive Improvements
Denton County
Mr Jerry Clark, P E
Director of Eng~neenng and Transportation
C~ty of Denton
215 E McKinney Street
Denton, Texas 76201
Dear Mr Clark
Attached are two ong~nal part~ally executed agreements and a rewsed estimated cost
breakdown sheet for the above referenced prelect Note, subsequent to your
execution, we made revisions to pages 2, 9, 10 and 12 of the document to correct an
error, ehmmate the Indirect Cost Recovery clause and add additional prov~s~ons as
required by the State Please have your authorized s~gnatory ~n~bal and date each
rews~on and return one ong~nal agreement to us for our hies
If you have any quesbons, please contact J~m Janovsky, P E at (214) 320-6186
Attachments
S~ncerely,
Charles R lucker, P E
D~rector of ,Transportation
Planmng a/nd Development
An Equal ODpOrtunlty Employer
County of Denton
City of Denton
CSJ 0198-46-911
Highway Eaale Dr Improvements
Limits
ESTIMATED COST BREAI(DOWN
__On State System
__.On Prlnclgal Arterial Street System (PASS)
X Off State System
Total Est. Const. Cost (Including Const. Engr. & Contingencies) = $ 288,090
Total Estimated ConstructIon Cost = $__--~
Total Est COnst Engr & Contingencies Cost = $ 28,550
Federal Contribution = 80% X $ 288.090 = $ 230,472
State Contribution = X = $
Local (City) Contribution = 20% X $ 288,090 = $ 57,618
*Rate Est. Const.
Total Est. Imdireot Construction Cost = X $ = $
State Contribution = .X $ = $
Local (City) Contribution = X $ =
Total Estima~eD Right-Of-Way Related Cost = $ 215,000
Federal Contribution = 80% X $ 21_~_2_~ = $ 172,000
State Contribution = X $ = $
Local ( ) Contribution = 20% X $~ = $ 43.000
*Rate R.O.W.
Total Est. I~Direct R.O.W. Related Cost = X $ = $
State Contribution = X $ = $
Local ( ) Contribution = X $ = $
Estimated Cost For Engr. DevlD. (Pre1. Engr., P.S.&E. and State Review)
Est. Const. ~Local Escrow
Prel Engr = X$ N/A = $. X--=
Review Prel Engr = 3% X$ 288.090 = $ 8,643 X 20% = $ 1,729 $ 1,729
Review ROW Acquist= X$ = $ 1,500 X 20% = $ 300 $ 300
Review ROW Map and=.___X$ = $ 1,400 X 20% = $ 280 $ 280
Deed
Review Reloc = X$ = $ 700 X 20% = $ 140 $ 140
Assist
Review utlllty =__X$ = $ 950 X 2Q% = $ 190 $ 190
Reloc Plans
Plan Preparation = X$ N/A = $. X__= $ $
Review Design Plan= 5% X$ 288,090 = $ 14,405 X 20% = $ ~,881 $ 2,881
Total Estimated Cost for Engr. DoVi~. = $ 27,598
Federal ContrIbution for Engr Devlp = $ 22.078
State Contribution for Engr Devlp = $
Local (C~ty) Contribution for Engr Devlp = $ 5,5~0
Total Local (City) Escrow Amount = $ 5,520
*Rate Engr. DeVID.
Total Est. Indirect Cost for Engr. DevlD. = X $ $
State Contribution = X $ = $
Local (City) Contribution = X $ = $
* Note Rate set by State Legislature and is subject to change Rev 10/27/97