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Ordinance No. 15,402 ORDINANCE NO. 15,402 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE BAYTOWN SIDEWALK IMPROVEMENTS PROJECT — PHASE II; ACCEPTING AN INCREASED ALLOCATION OF FEDERAL TRANSIT ADMINISTRATION 5307 FUNDS FROM FIVE-HUNDRED FORTY-SIX THOUSAND SIX HUNDRED TWENTY-SIX AND 81/100 DOLLARS ($546,626.81) TO ONE MILLION ONE HUNDRED SEVENTY- FOUR THOUSAND SEVEN HUNDRED SEVENTY-SEVEN AND 24/100 DOLLARS ($1,174,777.24); AUTHORIZING AN INCREASE IN MATCH FUNDS CONTRIBUTED BY THE CITY OF BAYTOWN, TEXAS, FROM ONE HUNDRED THIRTY-SIX THOUSAND SIX HUNDRED FIFTY-SIX AND 70/100 DOLLARS ($136,656.70) TO TWO HUNDRED SEVENTY-THREE THOUSAND EIGHT HUNDRED THIRTY-THREE AND 81 100 DOLLARS ($273,833.81); AUTHORIZING AN INCREASE IN NON-MATCH FUNDS CONTRIBUTED BY THE CITY OF BAYTOWN, TEXAS, FROM SIXTY-NINE THOUSAND EIGHT HUNDRED SIXTY- THREE AND 42 100 DOLLARS ($69,863.42) TO TWO HUNDRED NINETEEN THOUSAND SIX HUNDRED SEVENTY AND 95`100 ($219,670.95); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown,Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to the First Amendment to the Interlocal Agreement with Harris County for the Baytown Sidewalk Improvements Project---Phase 11. A copy of said amendment is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown,Texas,accepts an increased allocation of Federal Transit Administration 5307 funds from FIVE-HUNDRED FORTY-SIX THOUSAND SIX HUNDRED TWENTY-SIX AND 81 100 DOLLARS($546,626.81)to ONE MILLION ONE HUNDRED SEVENTY-FOUR THOUSAND SEVEN HUNDRED SEVENTY-SEVEN AND 24/100 DOLLARS ($1,174,777.24). Section 3: That the City Council of the City of Baytown authorizes an increase in match funds contributed by the City of Baytown, Texas, from ONE HUNDRED THIRTY-SIX THOUSAND SIX HUNDRED FIFTY-SIX AND 70 100 DOLLARS ($136,656.70) to TWO HUNDRED SEVENTY- THREE THOUSAND EIGHT HUNDRED THIRTY-THREE AND 81/100 DOLLARS ($273,833.81). Section 4: That the City Council of the City of Baytown,Texas,authorizes an increase in non- match funds contributed by the City of Baytown, Texas, from SIXTY-NINE THOUSAND EIGHT HUNDRED SIXTY-THREE AND 42 100 DOLLARS ($69,863.42) to TWO HUNDRED NINETEEN THOUSAND SIX HUNDRED SEVENTY AND 95 100($219,670.95). Section 5: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 23'day of March, 2023. NDON CAPETILLO,Mayor AT ST: OF°spYTO ANGELA JAUKSON,Ti leoc °° A APPROVED O FO Q �E O F SCOTT LE ND, City Attorney RAKaren AndersonlORDINANCES1202312023.03.23 S.LEMOND 1 stAmendment21nterlocalAgreementWithHaff isCounty.docx 2 EXHIBIT "A" FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN FOR THE BAYTOWN SIDEWALK IMPROVEMENTS PROJECT- PHASE II THE STATE OF TEXAS § COUNTY OF HARRIS § This First Amendment to Interlocal Agreement,entered into pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, is made and entered into by and between Harris County (the"County"), a body corporate and politic under the laws of the State of Texas, acting by and through its governing body and the Harris County Community Services Department (the "Department"), and City of Baytown ("Baytown"), a body politic and corporate under the laws of Texas. The County and Baytown are referred to herein collectively as the "Parties" and individually as a "Party." I. RECITALS WHEREAS, the County has received funds from the United States Department of Transportation (USDOT) administered through the Federal Transit Administration (FTA) under the Urbanized Area Formula Program (5307); and WHEREAS, the primary purpose of the FTA 5307 Grant Program, pursuant to 49 U.S.C. 5307, is to make Federal resources available to urbanized areas for transit capital and operating assistance in urbanized areas and for transportation related planning; and WHEREAS, County and Baytown entered into an interlocal agreement on or around May 24, 2022 ("Agreement'), whereby the County will reimburse FTA 5307 Grant funds to Baytown for the purpose of completing the Baytown Sidewalk Improvements Phase II Project, installing up to approximately 8,825 square yards of sidewalk improvements along Cedar Bayou Lynchburg Road, Lee Drive, South Main Street, Decker Drive, Baker Road and one (1)traffic signal improvement along West Main at Lee Drive, within the City of Baytown, collectively known as the "Project', which is an eligible activity under the rules and regulations regarding the FTA 5307 Grant Program; and WHEREAS,the County and Baytown now desire to enter into an amendment whereby the County acting by and through the Department, also known as the Grantee Administrator, will allocate additional FTA 5307 funds and Baytown will allocate additional match funds for construction and wage monitoring services for the Baytown Sidewalk Improvements Phase II Project; and WHEREAS, the County and Baytown now also desire to amend the Agreement for the purpose of updating the Buy America Certification requirements; and NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is agreed between the parties hereto that: TERMS Page 1 of 7 I. This Amendment shall be governed by the Agreement which is incorporated herein by reference. II. The Agreement is hereby amended to increase the amount of grant funds allocated for the partial funding of the Project by the Grantee Administrator from $546,626.81 to $1,174,777.24. Further, the amount of match funds contributed by Baytown shall increase from $136,656.70 to $273,833.81 and non-match funds contributed by Baytown shall increase from $69,863.42 to $219,670.95. The modifications in funding are further described in an updated version of the Agreement's "Exhibit B- Budget," which is affixed hereto as Attachment 1 and hereby replaces in its entirety the original"Exhibit B-Budget"(page 25 of the Agreement). III. The Agreement is hereby further amended to replace in its entirety "Exhibit E-Buy America Certification" (page 55 of the Agreement), with an updated version of "Exhibit B- Buy America Certification,"affixed hereto as Attachment 2. IV. It is expressly understood and agreed that the Agreement is incorporated herein by reference. In the event of any conflict between the terms and provisions of this Amendment, or any portion thereof, and the terms and provisions of any part or portion of the Agreement, this Amendment shall control. V. All other terms and provisions of the Agreement shall remain in full force and effect as originally written and subsequently amended. V1. Execution, Multiple Counterparts:This First Amendment may be executed in several counterparts. Each counterpart is deemed an original. All counterparts together constitute one and the same instrument. Each Party warrants that the undersigned is a duly authorized representative with the power to execute this First Amendment. [SIGNATURE PAGE FOLLOWS] Page 2 of 7 ATTEST: CITY OF BAYTOWN By: By: Name: Name: Title: Date Signed: APPROVED AS TO FORM: HARRIS COUNTY CHRISTIAN D. MENEFEE Harris County Attorney By: By: CHERELLE SIMS LINA HIDALGO Assistant County Attorney COUNTY JUDGE C.A. File 23GEN0642 Date Signed: Page 3 of 7 ATTACHMENT 1 Exhibit B BUDGET BAYTOWN SIDEWALK IMPROVEMENTS PHASE II PROJECT Maximum Amount to be Paid Under this Agreement It is expressly agreed and understood that the total amount to be paid by the Grantee Department under this Order shall not exceed ONE MILLION ONE-HUNDRED SEVENTY-FOUR THOUSAND SEVEN HUNDRED SEVENTY-SEVEN and 24/100 DOLLARS ($1,174,777.24). DESCRIPTION FEDERAL MATCH NON- TOTAL FUNDS FUNDS MATCH FTA 5307 (BAYTOWN) FUNDS (HARRIS (BAYTOWN) COUTNY Project Costs I. Construction $1,063,335.24 $265,833.81 $0.00 $1,329,169.05 (Sidewalks) Within '2 Mile II. Construction $32,000.00 $8,000.00 $0.00 $40,000.00 (Traffic Signals) Within 'z Mile III. Construction $0.00 $0.00 $219,670.95 $219,670.95 (Sidewalks) Outside '�i Mile Total $1,095,335.24 $273,833.81 $219,670.95 $1,588,840.00 Project Cost Subtotal IV DEEO $79,442.00 $0.00 $0.00 $79,442.00* Project Budget $1,174,777.24 $273,833.81 $219,670.95 $1,668,282.00 Total *DEED monitoring allocation is based on estimated budget not to exceed$79,442.00. DEEO monitoring cost will be based on actual hours worked. Page 4 of 7 ATTACHMENT 2 s EXHIBIT E BUY AMERICA CERTIFICATION f * * (STEEL,IRON,MANUFACTURED TEXAS PRODUCTS, AND CONSTRUCTION M,F.?# MATERIALS CONTRACTOR agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. CONTRACTOR agrees that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means that manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined,produced,or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amounts of domestic content of the manufactured product has been established under applicable law regulation; and (3) all construction materials (excludes cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives) are manufactured in the United States— this means that all manufacturing processes for the construction material occurred in the United States. CONTRACTOR must submit to the County the appropriate Buy America certification (below) and with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Please indicate your selection below: ❑ CONTRACTOR hereby certifies that it will comply with Title 49 U.S.0 Section 53230)(1) and the applicable regulations in 49 CFR Part 661.5 by only installing steel, iron, and manufactured products produced in the United States of America. CONTRACTOR further agrees that it will submit documentation to the County that demonstrate all steel and manufactured products are 100% manufactured in the United States. Page 5 of 7 ❑ CONTRACTOR hereby certifies that it cannot fully comply with the Buy America preferences of Title 49 U.S.0 Section 53230)(1) and CFR Part 661.5; CONTRACTOR therefore requests a waiver for an exception per Title 49 U.S.0 Section 53230)(2)(A), 43230)(2)(B), or 53230)(2)(D), and 49 CFR Part 661.7. A request to waive the application of the domestic content procurement preference must be in writing.The County will provide instructions on the format, contents,and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. Authorized Signature Date Company Title Page 6 of 7 ORDER OF COMMISSIONERS COURT Authorizing Execution of an Amendment The Commissioners Court of Harris County, Texas, met in regular session at its regular term at the Harris County Administration Building in the City of Houston, Texas, on with all members present except A quorum was present. Among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF AN AMENDMENT TO AN INTERLOCAL AGREEMENT WITH THE CITY OF BAYTOWN Commissioner introduced an order and moved that Commissioners Court adopt the order. Commissioner seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain Judge Lina Hidalgo ❑ ❑ ❑ Comm. Rodney Ellis ❑ ❑ 0 Comm. Adrian Garcia 0 ❑ ❑ Comm. Tom S. Ramsey, P.E. ❑ ❑ ❑ Comm. Lesley Briones ❑ 0 ❑ The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order adopted follows: IT IS ORDERED that: 1. The Harris County Judge is authorized to execute on behalf of Harris County an Amendment to the Interlocal Agreement with the City of Baytown for the Sidewalk Improvements Project (Phase II) for the purpose of allocating additional grant funding in an amount not to exceed $628,150.43, increasing the funding contributions from the City of Baytown, and to update certain grant compliance terms. The Amendment is incorporated by reference and made a part of this order for all intents and purposes as thought set out in full word for word. 2. All Harris County officials and employees are authorized to do any and all things necessary or convenient to accomplish the purposes of this order. Page 7 of 7 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN FOR THE BAYTOWN SIDEWALK IMPROVEMENTS PROJECT - PHASE II THE STATE OF TEXAS § COUNTY OF HARRIS § This First Amendment to Interlocal Agreement, entered into pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, is made and entered into by and between Harris County (the"County"), a body corporate and politic under the laws of the State of Texas, acting by and through its governing body and the Harris County Community Services Department (the "Department"), and City of Baytown ("Baytown"), a body politic and corporate under the laws of Texas. The County and Baytown are referred to herein collectively as the "Parties" and individually as a "Party." 1. RECITALS WHEREAS, the County has received fiords from the United States Department of Transportation (USDOT) administered through the Federal Transit Administration (FTA) under the Urbanized Area Formula Program (5307); and WHEREAS, the primary purpose of the FTA 5307 Grant Program, pursuant to 49 U.S.C. 5307, is to make Federal resources available to urbanized areas for transit capital and operating assistance in urbanized areas and for transportation related planning; and WHEREAS, County and Baytown entered into an interlocal agreement on or around May 24, 2022 ("Agreement"), whereby the County will reimburse FTA 5307 Grant funds to Baytown for the purpose of completing the Baytown Sidewalk Improvements Phase II Project, installing up to approximately 8,825 square yards of sidewalk improvements along Cedar Bayou Lynchburg Road, Lee Drive, South Main Street, Decker Drive, Baker Road and one (1) traffic signal improvement along West Main at Lee Drive, within the City of Baytown, collectively known as the "Project', which is an eligible activity under the rules and regulations regarding the FTA 5307 Grant Program; and WHEREAS,the County and Baytown now desire to enter into an amendment whereby the County acting by and through the Department, also known as the Grantee Administrator, will allocate additional FTA 5307 funds and Baytown will allocate additional match funds for construction and wage monitoring services for the Baytown Sidewalk Improvements Phase II Project; and WHEREAS, the County and Baytown now also desire to amend the Agreement for the purpose of updating the Buy America Certification requirements; and NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is agreed between the parties hereto that: TERMS Page 1 of 7 I. This Amendment shall be governed by the Agreement which is incorporated herein by reference. Il. The Agreement is hereby amended to increase the amount of grant funds allocated for the partial funding of the Project by the Grantee Administrator from $546,626.81 to $1,174,777.24. Further, the amount of match funds contributed by Baytown shall increase from $136,656.70 to $273,833.81 and non-match funds contributed by Baytown shall increase from $69,863.42 to $219,670.95. The modifications in funding are further described in an updated version of the Agreement's "Exhibit B- Budget," which is affixed hereto as Attachment 1 and hereby replaces in its entirety the original"Exhibit B- Budget" (page 25 of the Agreement). III. The Agreement is hereby further amended to replace in its entirety "Exhibit E-Buy America Certification" (page 55 of the Agreement), with an updated version of "Exhibit B- Buy America Certification," affixed hereto as Attachment 2. IV. It is expressly understood and agreed that the Agreement is incorporated herein by reference. In the event of any conflict between the terms and provisions of this Amendment, or any portion thereof, and the terms and provisions of any part or portion of the Agreement, this Amendment shall control. V. All other terms and provisions of the Agreement shall remain in full force and effect as originally written and subsequently amended. V1. Execution, Multiple Counterparts: This First Amendment may be executed in several counterparts. Each counterpart is deemed an original. All counterparts together constitute one and the same instrument. Each Party warrants that the undersigned is a duly authorized representative with the power to execute this First Amendment. [SIGNATURE PAGE FOLLOWS] Page 2 of 7 ATTEST: CITY OF BAYTOWN By: By: \ a,l pYTO N F �Name: Oe,• •' Name: e Title: •014 Date Signed: 31 Za I Z'J APPROVED AS TO FORM: HARRIS COUNTY CHRISTIAN D. MENEFEE Harris County Attorney By: By: CHERELLE SIMS LINA HIDALGO Assistant County Attorney COUNTY JUDGE C.A. File 23GEN0642 Date Signed: Page 3 of ATTACHMENT 1 Exhibit B BUDGET BAYTOWN SIDEWALK IMPROVEMENTS PHASE II PROJECT Maximum Amount to be Paid Under this Agreement It is expressly agreed and understood that the total amount to be paid by the Grantee Department under this Order shall not exceed ONE MILLION ONE-HUNDRED SEVENTY-FOUR THOUSAND SEVEN HUNDRED SEVENTY-SEVEN and 24/100 DOLLARS ($1,174,777.24). DESCRIPTION FEDERAL MATCH NON- TOTAL FUNDS FUNDS MATCH FTA 5307 (BAYTOWN) FUNDS (HARRIS (BAYTOWN) COUTNY) Project Costs I. Construction $1,063,335.24 $265,833.81 $0.00 $1,329,169.05 (Sidewalks) Within '/x Mile II. Construction $32,000.00 $8,000.00 $0.00 $40,000.00 (Traffic Signals) Within '/s Mile III. Construction $0.00 $0.00 $219,670.95 $219,670.95 (Sidewalks) Outside %z Mile Total $1,095,335.24 $273,833.81 $219,670.95 $1,588,840.00 Project Cost Subtotal IV DEEO $79,442.00 $0.00 $0.00 $79,442.00* Project Budget $1,174,777.24 $273,833.81 $219,670.95 $1,668,282.00 Total *DEEO monitoring allocation is based on estimated budget not to exceed$79,442.00. DEEO monitoring cost will be based on actual hours worked. Page 4 of 7 ATTACHMENT 2 ap�,5 roG EXHIBIT E BUY AMERICA CERTIFICATION (STEEL, IRON, MANUFACTURED Qsk PRODUCTS, AND CONSTRUCTION MATERIALS CONTRACTOR agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. CONTRACTOR agrees that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means that manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined,produced,or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amounts of domestic content of the manufactured product has been established under applicable law regulation; and (3) all construction materials (excludes cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives) are manufactured in the United States— this means that all manufacturing processes for the construction material occurred in the United States. CONTRACTOR must submit to the County the appropriate Buy America certification (below) and with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Please indicate your selection below: ❑ CONTRACTOR hereby certifies that it will comply with Title 49 U.S.0 Section 53230)(1) and the applicable regulations in 49 CFR Part 661.5 by only installing steel, iron, and manufactured products produced in the United States of America. CONTRACTOR further agrees that it will submit documentation to the County that demonstrate all steel and manufactured products are 100% manufactured in the United States. Page 5 of 7 ❑ CONTRACTOR hereby certifies that it cannot fully comply with the Buy America preferences of Title 49 U.S.0 Section 53230)(1) and CFR Part 661.5; CONTRACTOR therefore requests a waiver for an exception per Title 49 U.S.0 Section 53230)(2)(A), 43230)(2)(B), or 53230)(2)(D), and 49 CFR Part 661.7. A request to waive the application of the domestic content procurement preference must be in writing. The County will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. Authorized Signature Date Company Title Page 6 of 7 ORDER OF COMMISSIONERS COURT Authorizing Execution of an Amendment The Commissioners Court of Harris County, Texas, met in regular session at its regular term at the Harris County Administration Building in the City of Houston, Texas, on with all members present except A quorum was present. Among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF AN AMENDMENT TO AN INTERLOCAL AGREEMENT WITH THE CITY OF BAYTOWN Commissioner introduced an order and moved that Commissioners Court adopt the order. Commissioner seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain Judge Lina Hidalgo Comm. Rodney Ellis Comm. Adrian Garcia Comm. Tom S. Ramsey, P.E. Comm. Lesley Briones The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order adopted follows: IT IS ORDERED that: 1. The Harris County Judge is authorized to execute on behalf of Harris County an Amendment to the Interlocal Agreement with the City of Baytown for the Sidewalk Improvements Project (Phase II) for the purpose of allocating additional grant funding in an amount not to exceed $628,150.43, increasing the funding contributions from the City of Baytown, and to update certain grant compliance terms. The Amendment is incorporated by reference and made a part of this order for all intents and purposes as thought set out in full word for word. 2. All Harris County officials and employees are authorized to do any and all things necessary or convenient to accomplish the purposes of this order. Page 7 of 7