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Ordinance No. 16,132 ORDINANCE NO. 16,132 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 SECOND AMENDMENT TO THE ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE GARTH ROAD IMPROVEMENTS PROJECT FROM IH-10 TO JUST SOUTH OF ARCHER ROAD; AUTHORIZING AN INCREASE IN ESTIMATED SHARE IN THE AMOUNT OF TWELVE-MILLION, FIVE-HUNDRED, FIVE-THOUSAND, SIX-HUNDRED, FIVE DOLLARS ($12,505,605.00); 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 Second Amendment to the Advance Funding Agreement with the State of Texas for the Garth Road Improvements Project from IH-10 to just south of Archer Road. 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 authorizes an increase in the City's estimated share by the amount of TWELVE-MILLION, FIVE-HUNDRED, FIVE-THOUSAND, SIX- HUNDRED, FIVE DOLLARS ($12,505,605.00)in accordance with the amendment authorized in Section 1 hereinabove. Section 3: That pursuant to the provisions of Texas Local Government Code Annotated §252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO 100 DOLLARS ($50,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty-five percent (251 o) or decreased by more than twenty-five percent (25°o) without the consent of the contractor to such decrease. Section 4: 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 affi77 - Ae City uncil of the City of Baytown this the 24"day of April, 2025. CHARLES JO SON, Mayor EST: - � • �9N A GEL CKSO Cit s APPROVED AS T F �OFltl SCOTT LEM D,City Attorney Ord-2nd Am-AFA-Garth-SL.doex EXHIBIT "A" TxDOT: Federal Highway Administration: CCSJ# 0912-72-359 1 AFA ID Z00001644 CFDA No. 20.205 AFA CSJs 0912-72-359 CFDA Title Highway Planning and Construction District# 12 Code Chart 64# 03150 Project Name GARTH RD: IH 10 to S of Archer Rd AFA Not Used For Research&Development THE STATE OF TEXAS § THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For A SURFACE TRANSPORTATION PROGRAM — METROPOLITAN MOBILITY Off-System AMENDMENT#2 THIS AMENDMENT is made by and between the State of Texas, acting 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 parties executed a contract on 11/30/2016 to effectuate their agreement to perform the engineering and environmental clearance of proposed improvements including street widening from four to six lanes and a raised median, right turn lanes, and sidewalks on Garth Road from IH 10 to SH 146;and, WHEREAS,the parties executed Amendment#1 to the contract on 10/24/2022 to modify the scope of work,the project budget to add the additionally awarded funds,to add the construction phase, and to incorporate recent changes in federal and state provisions and requirements; and, WHEREAS, it has become necessary to amend that contract in order to modify the project budget to remove the engineering phase as an eligible phase for reimbursement, and to add the additionally awarded federal funds for construction; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties,the parties do agree as follows: AGREEMENT 1. Attachment C-1, PROJECT BUDGET, is deleted in its entirety and replaced with Attachment C-2, PROJECT BUDGET, which is attached to and made a part of this Amendment. The total estimated cost of the Project increased by$12,815,279,from $41,739,540 to $54,554,819, due to additionally awarded Surface Transportation Block Grant funding approved via the March 2025 Transportation Improvement Program Administrative Amendments to the 2025- 2028 Transportation Improvement Program and the 2045 Regional Transportation Plan. All other provisions of the original contract are unchanged and remain in full force and effect. AFA Amend Page 1 of 2 Rev. 11/06/2023 TxDOT: Federal Highway Administration: CCSJ# 0912-72-359 1 AFA ID Z00001644 CFDA No. 20.205 AFA CSJs 0912-72-359 CFDA Title Highway Planning and Construction District# 12 Code Chart 64# 03150 Project Name GARTH RD: IH 10 to S of Archer Rd AFA Not Used For Research&Development 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 party's signature. THE STATE OF TEXAS THE LOCAL GOVERNMENT Kenneth Stewart Jason Reynolds Director of Contract Services City Manager Texas Department of Transportation City of Baytown Date Date AFA Amend Page 2 of 2 Rev. 11/06/2023 TxDOT: Federal Highway Administration: CCSJ# 0912-72-359 1 AFA ID Z00001644 CFDA No. 20.205 AFA CSJs 0912-72-359 CFDA Title Highway Planning and Construction District# 12 Code Chart 64# 03150 Project Name GARTH RD: IH 10 to S of Archer Rd AFA Not Used For Research&Development ATTACHMENT C-2 PROJECT BUDGET Costs will be allocated based on the Federal/Local percentages shown in the table below, until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Description Total Estimated Federal Participation State Participation Cost Local Participation Cost Cost Cost Engineering $ 683,605 0% $ - 0% $ - 100% $ 683,605 b Local Government Construction (by Local Government) $ 50,124,900 80% $ 40,099,920 0% $ - 20% $ 10,024,980 CNSTF-LGPR Construction (by Local Government) $ 3,500,000 50% $ 1,750,000 0% $ - 50% $ 1,750,000 CNSTF-LGPR1 Subtotal $ 54,308,505 $ 41,849,920 $ - $ 12 458,585 Environmental Direct $ 10,000 80% $ 8,000 0% $ - 20% $ 2,000 State Costs Right of Way Direct $ 100 80% $ 80 0% $ - 20% $ 20 State Costs Engineering Direct State $ 100,000 80% $ 80,000 0% $ - 20% $ 20,000 Costs Utility Direct State Costs $ 5,000 80% $ 4,000 0% $ - 20% $ 1,000 Construction Direct State $ 120,000 80% $ 96,000 0% $ - 20% $ 24,000 Costs Indirect State Costs $ 11,214 0% $ - 100% $ 11,214 0% $ - TOTAL 1$ 54,554,819 $ 42,038,000 $ 11,214 $ 12,505,605 Initial payment by the Local Government to the State: $23,020.00 Payment by the Local Government to the State before construction: $24,000.00 Estimated total payment by the Local Government to the State $47,020.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 1 of 1 AFA LongGen Attachment C