Ordinance No. 15,752ORDINANCE NO. 15,752
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR A LOCAL ON -SYSTEM IMPROVEMENT PROJECT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR
IH-10 AT THE SJOLANDER ROAD PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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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 the
City Manager to execute an Agreement for a Local On -System Improvement Project with the
Texas Department of Transportation (TxDOT) for IH-10 at the Sjolander Road Project. A copy
of said agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes.
Section 2: The construction portion of the project will be bid at a later date and the
estimated cost is $970,827.19. The City of Baytown will be responsible for the total cost of the
project.
Section 3: 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 14"' day of March, 2024. t
NDON CAPE LL Mayor
APPROVED
SCOTT LEAOND, City Attorney
R:'•Vance Hinds`.Ordinances\2024\2024.03.14+Ordinance for TxDOT Agreement for A Local On -System
Improvement Project.docx
EXHIBIT "A"
CSJ # 12-4LOSA007
District # HOU-12
Code Chart 64 # 03150
Project Name IH 10 at Sjolander Road
STATE OF TEXAS §
COUNTY OF TRAVIS §
AGREEMENT
For A
LOCAL ON -SYSTEM IMPROVEMENT PROJECT
THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through
the Texas Department of Transportation called the "State", and the City of Baytown, acting by and
through its duly authorized officials, called the "Local Government." The State and Local Government
shall be collectively referred to as "the parties" hereinafter.
WITNESSETH
WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design,
construct and operate a system of highways in cooperation with local governments and Section
222.052 authorizes the Texas Transportation Commission to accept contributions from political
subdivisions for development and construction of public roads and the state highway system within
the political subdivision; and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 116522, authorizing
the State to accept Local Government funded projects performed on the state highway system. The
project covered by this Agreement includes only work within the state right of way as described in the
Agreement, Article 2, Scope of Work (Project); and,
WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement
by resolution, ordinance, or commissioners court order dated , which is attached to and
made a part of this Agreement as Attachment C, Resolution, Ordinance, or Commissioners Court
Order (Attachment C) for the improvement covered by this Agreement. A map showing the Project
location appears in Attachment A, Project Location Map (Attachment A), which is attached to and
made a part of this Agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is
agreed as follows:
AGREEMENT
1. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes the
Agreement fully executed. This Agreement shall remain in effect until the completed Project is
accepted by the State or unless terminated as provided below.
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2. Scope of Work
The Project consists of the construction of a street tie-in and roadway improvements along IH
10 at Sjolander Road. Roadway improvements include removing the existing frontage road,
extending the right turn lane service road by approximately 250 feet, drainage improvements,
pavement widening concrete pavement, pavement markings, signage, restriping, one
northbound right tun lane and one southbound right turn from Sjolander Road onto IH 10 in
Baytown, Harris County, Texas as shown on Attachment A.
Local Project Sources and Uses of Funds
A. The total estimated cost of the Project is shown in Attachment B, Local On -System
Improvement Project Budget (Attachment B), which is attached to and made a part of
this Agreement. The estimated funds from the Local Government are shown in
Attachment B. The State will pay for no Project costs performed by or managed by
Local Government under this Agreement.
B. Attachment B shows how necessary resources for completing the Project will be
provided by major cost categories. These categories may include but are not limited
to: (1) costs of real property (right of way); (2) costs of utility work; (3) costs of
environmental assessment and remediation; (4) cost of preliminary engineering and
design; (5) cost of construction and construction management; and (6) any other
Project costs.
C. The Local Government shall be solely responsible for all of its costs associated with
the Project provided for in this Agreement. The Local Government shall be responsible
for cost overruns for the Project in excess of the estimated amount to be paid by the
Local Government on Attachment B. The Local Government shall also be responsible
for direct and indirect costs incurred by the State related to performance of this project
if so indicated on Attachment B. If the State determines that the on -system
improvements are of significant operational benefit to the State, the State may waive its
direct or indirect costs. The State's waiver of its direct or indirect costs shall be
indicated on Attachment B by showing the State as responsible for these costs. When
the Local Government is responsible for the State's direct or indirect costs, the amount
indicated on Attachment B is a fixed fee and not subject to adjustment except through
the execution of an amendment to this Agreement.
D. Prior to the performance of any engineering review work by the State, the Local
Government shall pay to the State the amount of direct and indirect State costs
specified in Attachment B.
E. Whenever funds are paid by the Local Government to the State under this Agreement,
the Local Government shall remit a check or warrant made payable to the "Texas
Department of Transportation" or may use the State's Automated Clearing House
(ACH) system for electronic transfer of funds in accordance with instructions provided
by TxDOT's Financial Management Division. The funds shall be deposited and
managed by the State and are not refundable.
F. The Local Government will begin construction on the Project within 12 months after
execution of the Agreement.
G. The Local Government will complete construction and receive the State's acceptance
of the project within 36 months after the date the State authorizes in writing for the
Local Government to commence construction of the Project.
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H. If the Local Government chooses not to or fails to complete the work once construction
on the Project commences, the State may terminate this Agreement in accordance with
paragraph 4.C. below. The State may address unfinished construction work as it
determines necessary to protect the interests of the State, which includes returning the
Project area to its original condition or completing the work using State forces or
contractors. The Local Government shall pay all costs incurred by the State under this
provision.
4. Termination of this Agreement
This Agreement shall remain in effect until the Project is completed and accepted by the State,
unless:
A. The Agreement is terminated in writing with the mutual consent of the parties;
B. The State terminates the Agreement in writing due to the Local Government's failure to
comply with paragraphs 3.F or 3.G; or
C. The Agreement is terminated by one party because of a breach, in which case any cost
incurred because of the breach shall be paid by the breaching party.
5. Amendments
Amendments to this Agreement due to changes in the character of the work, terms of the
Agreement, or responsibilities of the parties relating to the Project may be enacted through a
mutually agreed upon, written amendment. Amendments may not include the addition of State
or Federal funds. If any funds other than Local Government funds are proposed, this
Agreement must be terminated and a new agreement with appropriate terms and clauses
executed in its place.
6. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any Agreement
default, but all remedies existing at law and in equity may be availed of by either party to this
Agreement and shall be cumulative.
7. Architectural and Engineering Services
The Local Government has responsibility for the performance of architectural and engineering
services. The engineering plans shall be developed in accordance with the applicable State's
Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges
and the special specifications and special provisions related to it. The Project design shall, at
a minimum conform to applicable State manuals.
The State shall review the plans, specifications, and estimates provided by the Local
Government upon completion or at any time deemed necessary by the State. Should the
State determine that the complete plans, specifications, and estimates for the Project are not
acceptable, the Local Government shall correct the design documents to the State's
satisfaction. Should additional specifications or data be required by the State, the Local
Government shall redesign the plans and specifications to the State's satisfaction. The costs
for additional work on the plans, specifications, and estimates shall be borne by the Local
Government.
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IH 10 at Sjolander Road
8. Environmental Assessment and Mitigation
Development of a transportation project must comply with applicable environmental laws. The
Local Government is responsible for:
A. The identification and assessment of any environmental problems associated with the
development of the Project governed by this Agreement.
B. The cost of any environmental problem's mitigation and remediation.
C. Providing any public meetings or public hearings required for development of all
required environmental documents and obtaining all required permits and approvals.
D. The preparation of documents required for the environmental clearance of the Project.
Before the advertisement for bids, the Local Government shall provide to the State written
documentation from the appropriate regulatory agency or agencies that all environmental
clearances and approvals have been obtained.
9. Right of Way and Real Property
The Local Government shall acquire all required right of way and necessary right of entry for
performance of the Project in accordance with applicable requirements of the Texas
Department of Transportation Right of Way Manual, State law, and Federal law governing the
acquisition of real property including but not limited to 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. Right of way acquired for improvements to the state highway system
shall be acquired in the name of the State. Local Government shall provide right of entry to
State personnel and its authorized representatives to areas off the state highway system
throughout the duration of the Project for the State to perform inspection and oversight of the
Project.
10. Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of utility
facilities for the Project in accordance with applicable State and Federal laws, regulations,
rules, policies, and procedures, including any cost to the State of a delay resulting from the
Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated
before the scheduled beginning of construction. The Local Government will not be reimbursed
for the cost of required utility work. The Local Government must obtain advance approval for
any variance from established procedures.
11. Compliance with Texas Accessibility Standards and ADA
Local Government shall ensure that the plans for and the construction of the Project are in
compliance with standards issued or approved by the Texas Department of Licensing and
Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the
Americans with Disabilities Act (P.L. 101-336) (ADA).
12. Construction Responsibilities
A. The Local Government shall advertise for construction bids, issue bid proposals,
receive and tabulate the bids, and award and administer the contract for construction of
the Project. Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders that may become necessary subsequent to the
award of the construction contract. Project plans and specifications for improvements
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on the state highway system must be approved by the State prior to advertising for
construction. Upon selection of a contractor and prior to commencing construction
within the state highway system right of way, the Local Government shall request and
obtain written authorization to commence construction of the Project from the State.
The Local Government will supervise and inspect all work performed hereunder and
provide such engineering inspection and testing services as may be required to ensure
that the construction is accomplished in accordance with the approved plans and
specifications. All construction change orders impacting the proposed improvements,
traffic control, environmental mitigation, or drainage on the state highway system
require written pre -approval by the State prior to execution by the Local Government.
B. Upon completion of the Project, the Local Government will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion. A
copy will be provided to the State prior to State's final acceptance of the improvements.
C. Prior to the State's acceptance of the improvements on the state highway system,
Local Government shall furnish to the State written certification from a Texas
Registered Professional Engineer that the Project was constructed in substantial
compliance with the Project's plans, specifications, and quality assurance
requirements.
13. Project Maintenance
After Local Government completion of the work and acceptance by the State, the State
will be responsible for maintenance of the improvements within the state highway
system right of way outside the boundaries of an incorporated city. This obligation may
be fulfilled through other agreements signed by the State.
14. Notices
All notices to either party shall be delivered personally or sent by certified or U.S. mail,
postage prepaid, addressed to that party at the following address:
Local Government
City Manager
City of Baytown
2401 Market St.
Baytown, Texas 77520
State
Director of Contract Services
Texas Department of Transportation
125 E. 11"' Street
Austin, Texas 78701
All notices shall be deemed given on the date delivered in person or deposited in the mail,
unless otherwise provided by this Agreement. Either party may change the above address by
sending written notice of the change to the other party. Either party may request in writing that
notices shall be delivered personally or by certified U.S. mail, and that request shall be carried
out by the other party.
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15. Legal Construction
If 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 unenforceability
shall not affect any other provisions and this Agreement shall be construed as if it did not
contain the invalid, illegal, or unenforceable provision.
16. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party, and each party agrees it is responsible for its individual acts and
deeds as well as the acts and deeds of its contractors, employees, representatives, and
agents.
17. Ownership of Documents
Upon completion or termination of this Agreement, copies of all documents and data prepared
under this Agreement by the Local Government for improvements within the state highway
system right of way shall be provided to the State prior to State acceptance of the Project
without restriction or limitation on their further use. The originals shall remain the property of
the Local Government. At the request of the State, the Local Government shall submit any
Project information required by the State in the format directed by the State.
18. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and
regulations, and the orders and decrees of any courts or administrative bodies or tribunals in
any manner affecting the performance of this Agreement. When required, the Local
Government shall furnish the State with satisfactory proof of this compliance.
19. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and supersedes
any prior understandings or written or oral agreements respecting the Agreement's subject
matter.
20. Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers, accounting
records, and other documentation relating to costs incurred and engineering inspection and
testing services performed under this Agreement and shall make such materials available to
the State and the Local Government or their duly authorized representatives for review and
inspection at its office during the Agreement period and for seven (7) years from the date of
completion of work defined under this Agreement or until any impending litigation or claims are
resolved. Additionally, the State and the Local Government and their duly authorized
representatives shall have access to all the governmental records that are directly applicable
to this Agreement for the purpose of making audits, examinations, excerpts, and
transcriptions.
21. Insurance
Before beginning work on the state highway system, the Local Government and its contractor
performing the work shall provide the State with a fully executed copy of the State's Form 1560
Certificate of Insurance verifying the existence of coverage in the amounts and types specified
on the Certificate of Insurance for all persons and entities working on state right of way. Self -
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insurance documentation acceptable to the State may be substituted for all or part of the
coverage's required for the Local Government. This coverage shall be maintained until all work
on the state right of way is complete. If coverage is not maintained, all work on state right of
way shall cease immediately, and the State may recover damages and all costs of completing
the work.
22. Pertinent Non -Discrimination Authorities
During the performance of this Agreement, the Local Government, for itself, its assignees, and
successors in interest agree to comply with all applicable Federal and State nondiscrimination
statutes and authorities.
23. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this Agreement
on behalf of the entity represented.
Each party is signing this agreement on the date stated under that parry's signature.
THE STATE OF TEXAS
Signature
Kenneth Stewart
Typed or Printed Name
Director of Contract Services
Typed or Printed Title
Date
THE LOCAL GOVERNMENT
Signature
Jason Reynolds
Typed or Printed Name
City Manager
Typed or Printed Title
Date
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ATTACHMENT A
PROJECT LOCATION MAP
Page 1 of 1
LOSA Attachment A
Attachment B
1 Csi #
District #
Code Chart 64 #
Project Name
12-4LOSA007
HOU-12
03150
IH 10 at Sjolander Road
LOCAL ON -SYSTEM IMPROVEMENT PROJECT BUDGET
(Locally Funded and Performed Project)
The Local Government is responsible for 100% of the costs allocated to it as described below,
including overruns.
Description
Estimated Costs
Subtotals
PROJECT PHASES: Work performed by the Local Government or its Consultant or Contractor
Environmental
$0.00
� Right of Way
$0.00
Engineering
$91,236.65
Utility Work
$0.00
Construction
$840,000.00
Subtotal for Project Phases
$931,236.65
DIRECT STATE COSTS:
Paid By: ❑ Local Government ❑ State
Environmental
$200.00
Right of Way
$200.00
Engineering
$3,649.47
Utility Work
$200.00
Construction
$33,600.00
Subtotal for Direct State Costs
-^`_ - $37,849.47
INDIRECT STATE COSTS:
Paid By: ❑ Local Government ❑ State
Subtotal for Indirect State Costs
- - $1,741.07
TOTAL ESTIMATED COST OF PROJECT $970,827.19
Fixed price amount of payment by the Local Government to the State for
$0.00 the State's direct and indirect costs as stated in Article 3, C and D of the
Agreement.
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LOSA Attachment B