Ordinance No. 12,631ORDINANCE NO. 12, 631
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 AN ADVANCE FUNDING AGREEMENT
WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR THE CONSTRUCTION OF TRAFFIC IMPROVEMENTS
ON THE ON SPUR 330 FRONTAGE ROAD; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO MILLION FIVE
HUNDRED TWENTY THOUSAND AND NO /100 DOLLARS ($2,520,000.00);
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 l: 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 an advance funding agreement with the
State of Texas through the Texas Department of Transportation for the construction of traffic
improvements on Spur 330 frontage road. A copy of said agreement is attached hereto, marked Exhibit
"A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to the Texas
Department of Transportation in an amount not to exceed TWO MILLION FIVE HUNDRED TWENTY
THOUSAND AND NO /100 DOLLARS ($2,520,000.00) in accordance with the contract authorized in
Section 1 hereof.
Section 3: That in addition to the amount specified in Section 2 hereof, the City Manager is
hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND
AND NO1100 DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 2 hereof
may not be increased by more than twenty-five percent (25 %).
Section 4: This ordinance shall take effect immediately frq,�i and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vp j of the City Council of the City of
Baytown this the 28th day of August, 2014. -40,
STWHEN -M ONCARLOS, Mayor
0
/1
•:w�
LETICIA BRYSCH, City erk ;iii
G•
i
APPROVED AS TO FORM: +'9S •.. »••S,4.��'y
4GKACIO RAMIREZ, SR., Oy Att ey
R:IKarenT les�City Council"Ordinances\2014\August 28W dvancedFundingAgreement4Spur330FrontageRoadimprovements .doc
STATE OF TEXAS §
COUNTY OF TRAVIS §
Exhibit "A"
CSJ x#0508 -07 -286
Dis qt #42- Houston
Code Chart 64 #03150
Prgjeat; SP 330 at San Jacinto
Avenu+elRollingbrook Street
Federal Highway Administration
0170A i6,�05
Not Resparch and Development
: �1 Mx:
ADVANCE. FUNDING AGREEMENT
Por An
ON- SYSTEM IN- rER4ECTION IMPROVEMENT PROJECT
THIS AOREEN!ENf is made by and betwdv.n the State of Texas, acting by and fhrcugli the Texan
Department oft ansport &ion called the `'State', and the City of Baytown, acting lay and through
its duly authorized officials, Galled the 'Local Government."
WITNESSIETH
WHEREAS, -federal law establishes federally funded programs for transportation improyoments to
implement its public purposes; and
WHERI SAS; the Texas Transportation Code, Sections 201 ,103 and 222.052 establish that the
State shall design, construct and operate a system of highways in cooperation With ldcal
governments; and
WHEREAS, fdddral and state laws require locAl governments to meet certain contradt standafds
relating to the management and adMinistration of State and federal funds, and
WHEREAS, the Texas Transportation Commission passed Minute Order Numbdr 113948,
authorizing the State to undertake and complete a highway improvement generally described as
Left turn lane improvements at vapious locations on the souftound frontage toad and therdesed
u -turn lane storage at Son Jacihto AvenUe/hollingbrook Street, called the "Project ; -and,
WH:I~REM, the Governing Body of fhd Loral Government has approved entering into this
agreement by resolution or ordinance dated , 20_, which is attaghodlo and
made .a part bf this agreement as Attachment "A" for the improvement covered by this agreement.
A map showing the Project location appears in Attachment "13,0 which is attached to and trade a
part of this agreement.
NOW, THEREFORE, irk consideration of the premises and of the mutual covenants and
agreements of the parties, to be by them respectively k6pt and performed as set forth in this
agreement, it is agreed as follows:
AFA -AFA LongGen Page 1 of 13 Revised 01117/2014
Csi #0608- 07 -286
District #12- Mouston
Code chart 64 #03150
ProjA# SP 330 at San Jacinto
Avenue{Rollingbrook Street
Fedefal kighway Administration
CPDA #20.205
Not geseamh and Development
AGREEMENT
1. Period of the Agreement
This agreement becomes effective whets signed by the lost party whose signing makes the
agreement fully executed. This agreement shall remain in effect uritii the Project is completed
or unless terminated as provided below.
2. Scope, of Work
The Local Government shall provide fhe design, environmental documentation, and fund the
construction cost for the improvement of left Liam lanes at various locations on SP 330
southbound frontage road and increased u -turn lane storage on SP 330 frontage road at Sari
Jacinto Avenue/RolLgbrook Street in -e City of Baytown as shown on Attachment `Er. The
Local Goverrt'rrtent slldil also be responaiblip for adjustit g qll conflicting tAtitities and acquiring
any additional right of way at their cost with no cost to the State.
3. Local Prejeot Sources and Uses of Funds
A. The total estimated cost of the Project is shown in the Project Budget — Attachment nQr",
which is attached t6 and made a part of this agreement: The expected cash contributions
from the .Federal or State government, the Local Governments, or Other parties is shown in
Attachment "C ". The State will pay for only those project costs that have been apptoved by
the Texas Transportation CotT missiorr. The State and the Federal Government will not
reimburse the Local Government for arty wort performed before the federtit tpeindirig
authority is fornra'lly obligated to the Project by the Federal Highway Administration. After
federal funds have been obligatddt the State will sand to (he Local Governrent a copy of
the formal documentation showing they o�`tigation of funds including federal award
Information. The Local Goverometit is responsible for 1.00% of the cost of any work
peffor led ender its direction or cobtrol before the federal spending authority is formally
obligated.
B. If the Local Government will perform any work Oder this contrabt for which reimbursement
Will be provided by or through the State, the Local Govemment must complete training
before federal spending authority is obligated. Training is complete when at least one
individual who is x` orking actively and directly on the 'reject successfully completes and
receives a certificate for the course entitled Local 6ovemment Project Procedures
Qualification for the Texas Department of Trransporfafion. The Local Government shall
provide the certificate of qualification to tine State. The individual who receives the training
certificate -may be an employee of the Lod4tl Government or an employee of a firm that has
been contracted by the Local Government fo pedorm oversight of the Project, The State in
Us discretion may deny reimbprseme it if the Local Government has not designated a
qualified individual. -to oversee the Project.
C. This Project cost estimate stows how necessary resources for completing the Project will
be provided by major cost categories. These categories may include but are not Iimifed to.
(1) costs of real property; (2Z) costs of utility work; (3) costs; of environmental assessment
and rem4diation; (4) cost of preliminary engineering and design; (5) cost of construction
and construction management; and (6) arty other local project costs.
AFA- APA_LongGen Page 2, of 13 Revised 01 {17f2014
CSJ #p5c8?tJ7 -286
OlStAct #12- Houston
Cdde Chart 64 #03150
Project; SP 335 at San Jacinto
Avenoe /Roliingbrook Street
Federal Highway Administration
QFIDA #215.205
Not Resea4 and Development
D. The State will be responsible for securing the Federal and State share of the funding
required for the development and construction of the local- ioject. if the Local
Government is due funds for expenses incurred, these fun'rls will be reimbursed to the
Local Government on a cost basis.
E. The'Local Government will be responsible for all rlon-federal or non -Mate participation
costs associated with the Project, including any overruns in excess of the approved local
project budget unless otherwise provided for in this agreement or approved otherwise in an
,amendment to this agreement.
F. Prior to the performance of any engineering review work by the State, the Local
Government will pax to the Slate thie>amount specified, in'Attachment C, At a ininlmum,
this amount shall equal the Local Government's funding, share for the edtirnated cost, of
preliminary dh6 neering for the Project. At least si*, ii � ) days prior to the date set fdr
receipt of the construction bids the Local Governmenr%hall remit its remaining financidl
share f6r the State's estirmated'nonsil( ction oversight4rid construction cost.
G. In the event that the St4te determines that addition, l funding by the Local Government is
r'equlred at any time during the Project, the State wilhn"eiify the Local Government In
writing. The Local Government -shall make payment -O' ;the Mate within thirty (30) days
from receipt of the State's written notification.
H. Whenever funds are paid by the .Local GovEinrnent tMthe`State under this ogre rrier3t, the
Local Government shall remit a check or warrant m0640qyable to the 'Texas Department
of Transportation Trust Fund.' The `check or warrant shell be deposited by the State in an
escrow account to be managed by the State. Funds" ih he escrow account may only be
applied to the State Project.
1. Upon completion of the Project, the State will perform an audit of the Project costs. Any
funds due by the Local Government, the State, or the Federal government will be 'promptly
paid by the owing party. If, after -final Project accounting, excess fiends remain) in the
escrow account, those funds may be applied by the State to the Local Government's
contractual obligations to the State ender another advance funding agreement with
approval by appropriate personnel of the Local Government.
J. The State will not pay interest on any funds�provided by the Local Government.
K. If a waiver has been granted, the State will not charge the'Local Government for the
indirect costs the State Incurs on the local Project, unless this agreement is terminated at
the request of the Local Government prior to completion of the Project.
L. If the Project has been approved for a "fixed price" or an "incremental payment" non-
standard funding or payment arrangement under 43 TAC §1 5.52, the budget in Attachment
C will clearly state the amourit of the fixed pace or the incremental payment schedule.
M. if the Local 4overnmeht is an Economically Disadvantaged Courity and if the State has
approved adjustments to the standard financing arrangement, this agreement reflects
those adjustments.
N. The state auditor may conduct an audit or investigation of any entity receiving funds from
the State directly undePthis contract or indirectly through 4 subcontract under this contract.
Appeptance of funds directly under this contract or indirectly through a subcontract under
this contract acts as acceptance of tie authority of the state auditor, under the direction of
the legislative audit committee, to conduct an audit or investigation in connection With those
AFA- AFA_LongGen" pages 3 of 13 Revlsed 01 11/2014
w,�.
c8J #0508.07 -286
Oisuia 112 Houston
Code Phart 64 #03150
Project. SP 330 at San Jacinto
AvenuelRalling brook Street
Fedoral l-1i hway Administration
CFOA #26.205
Not Research and Development
funds. An entity that is the subject of an audit or investigation must provide the state
additor with accesd Ao any information the state auditpryco6siders relevant to the
investigation or audrk:.
Q. Payment uhder t44s''bontract beyond the end of the. current fiscal biennium is subject to
availability of a ro riated funds. If funds are not a ro 6ated, this contract shall be
�y pR, p pP p .
terminated immedI %e!y ±rith no liabil'ity to either party.
P. The Local Government .is autho #ed to submit requests for reimbursement by submitting
the original of an`itemized invoices Ina. form and containing all items requited by thf- State
no more frequently than mgnthly, and no later than ninety �90) gays after costs are
incurred. If the LOG6I Government submits invoices more than ninety (90) days afterthe
costs are incurred, and if federal funding is reduced as- a rosult, the State shall. have no
responsibility to reimburse the Loll t- overnment for those costs_
Q. The State will not exocUte the contrad 4or the construction of the Project until the required
funding has been made available by the L dcai Government in accordance with this
agreement.
4. Terminatior) of this Agreement ;
This agreement shall remain in effect until the project is completed and accepted by all parties,
unless:
A. The agreement is terminated in writing with the mutual con' sent of the parties,
B. The agreement Is terminated by ahe party because .of a breach, in which case any cost
incurred because of the breach skull be paid by the breaching party,
C. The Local Government elects not to provide funding after the completion of preliminary
engineering, specifications, and estimates (PS&E) and the Project does not pr"eed
because of insufficient 'funds, to which case the Local Government agrees to reimburse the
State for its reasonable actual` oasts incurred during the Project; or
D. The Project is inactive: for thirty stir (30) months or longer acid no expenditures have been
charged against federal funds, in Which case the Mate may in its disgretion terminate this
agreement.
S. 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 at rierfdment.
1
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 b6 cumulative. '
7. Utilities
The Local Government shall be responsible for the adjustmet t, removal, or relocation of utility
facilities in accordance with applicable State laws, regulafths rules, policies, and procedures,
including any cost to the State of a delay resulting from the 1_61cal Government's failure to
ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning
AFA AFA LongGen ,��b' Page 4 of 13 Reviser 01/17/20,14
CSC! #0508 -,07 -286
District #12- Houston
Code Chart 64 #03150
ti Project: SP 334 at San Jacinto
{ AvenvOftllingbrook Street
Federal Highway Administration
CFDA #20,206
Not Research and Development
of construction. The Local Government will not be t'eimbursetl with federal or state funds for
the cost of required utility work. The Local GovernrnentTust'obtain advance approval for any
variance from established procedures, Before a construction contract is let, the Local
Government shall provide, at the date's west, a certification staffing that the Local
Government has completed the adjustment of all utilities that Must be adjusted before
construction is completed.
8. Environmental Asseasivient'and M tigatlon
De�elopmenl of a transportation project must comply with the National Environmental policy
Act and the National Historic Preservation Act of 1966, which require environmental Oearance
Of federal -airs projects.
A. T`he Local Government is responsible for the identification and assessment of any
environmental problems associated YMh the development of a local project governed by
this agreement
B. The Local Government is responsible for the cost oif any environmentai probiem's
mitigation and rernediation.
C. The Local Government is responsible for providing any pudic meetings or publid hearings
required for development of the environmental assessment: Public hearings will notbo
held prior to the approval of project st;hematic. ,
D. The Local Government is resp risible f6r the preparation of the NEPFA doctlmdnts rogQlred
for the environmental clearance. of this Project.
E, Before the advertisement for Wds, the Local Government Ohall provide to the Stag written;
documentation from the appropriate regulatory agency or agencies that all environmental
clearances have been obtained.
9. Compliance with Texas Accessible ity Stapdards and ADA
All parties to this agreement shall ensure that the plans for ano the construction of all projects
subject to this agreement .ate in compliance with the Texas Abcossibility Standards (TA S)
issued by the TLexat Department of Licensing and Regulation, under the Architectural Barriers
Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum access'i'bility
requirements to be consistent with minimum accessibility requirements of the Americans With
Disabilities Act (P,L. 101 -336) (ADA).
10. Architectural and Engineering e.rvIcea `
The Local Government has responsibility for the performance of architectural and engineering
services. The engineering plans shall rte d4veloped in accordance v0th the applicable Mate's
Standard Specifications for Constructions and Maintenance of Highways, Streets :rind Bridges
and the special specifications °and special provisions related to, it. For prciject� on the state
highway system, the design shall, at a minimum conform to applicable State manuals. For
projects not on the state highway systet, the design shall, at'a minimum, conform to
applicable American Association of State Highway and Trans�ottation Officials design
standards. In procuring professional services, the parties to t�is agreement must comply with
federal requirements cited in 23 CPR Part 172 if the project is federally funded and with Texas
Government Code 2251, Subchapter A, in all cases. Professional contracts for federally
funded projects must conform to federal roquirernents, specifically including the ,provision for
AFA -AFA LongGen Page 5 o 13 Revised 01/17/2014
t
11. C6nstruction Responsibilities
A. The State 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 rhcl.UdOA the reSPOW610ty fdr constr`uetioh engineering and
for issuance oaf a'hy change orders; supplemental agreem nts., amendments, gr"additional
Mork orders that may become nepessary subsequent to the award of the construction
contract. In order to ensure fedtrtl fending eligibility, projects must be authortted by the
$Mte prior to advertisrn� fc�r construction,
B. The State will use its approved contract letting and award'procedures to let and award the
cohstrUetion contract:.'
C. Priorto their execution; the Local Government will be given tile. opportunity to review
contract change orders that will result in an increase in cost to the Local Government;
D. Upon opmpletion ofthfProtect, the party egnstructing the Project will issue and sign a
"Notification of Completion” acknowledging the Project's construction completibn.
E. For federally funded contracts, the partleb to this agreement will comply with fedeeal
construction requirernents cite,, in 23 CPR Part 636 and with requirements cited in 23 CFP
Part 633, and shall incl.. tde the latest version of Form "FHWA- 1273" in the contract bidding
documents If !force a6unt work will be performed, a finding of cast effectiveness shall be
made in comp0ance with 23 CFP 635, Subpart B.
12. Projeo'trMointenance
Thl 'Local Government shall be responsible for maintensince of locally owned roads after
completion of the work and the Mate shall be responsible for maintenance of state highway
system rafter completion of the worts if the work was,on the state highway systernt unless
otherwise provided for in existing maintenance agreements with the Local Government.
13. Right of Flay and heal Property
A. Right of way and real property acquisition shall be the responsibility of the Local
Government. 'Title to right of way and other related real property must be acceptable to
the State before funds may be expended fbr the improvement of the right of way or real
property.
B. If the Local Government is the owner of any part of the Project site under this agreement,
Vie Local Government shall pormit the Mate or its authorized representative access to
occupy the site to perform all activities required to execute the work.
C. All parties to this agreement will comply vtith and assume the costs for compliance with all
the requirements of Title 11 and 'Title Ill of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1070, Title 42 U.S.C.A_ Section 4641 et seq., including
those provisions relating to incidental expenses incurred by the property owners in
conveying the real property to the Local Government, and benefits applicable to the
relocation of any displaced person as defi ed in 49 CFR Section 24.2(g), Documentation
AFA AFA_LongGen Page 6 of 13 Revised 01/17/2014
QSJ, #05f3F3,
,a1.
„47286
iistrivt #12 Houston
Code Chad 64 #03150
Project: SIB 330 at San .Jacinto
Ayenue/Rallingbrook. Street
Federal High Way Administration
GFFI:)A #24.205
s�
,mss.;
Not research and Development
participation by Disadvantaged B.usiheSs Enterprises (DBEs)„ ADA, and environmental
matters. NWA
11. C6nstruction Responsibilities
A. The State 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 rhcl.UdOA the reSPOW610ty fdr constr`uetioh engineering and
for issuance oaf a'hy change orders; supplemental agreem nts., amendments, gr"additional
Mork orders that may become nepessary subsequent to the award of the construction
contract. In order to ensure fedtrtl fending eligibility, projects must be authortted by the
$Mte prior to advertisrn� fc�r construction,
B. The State will use its approved contract letting and award'procedures to let and award the
cohstrUetion contract:.'
C. Priorto their execution; the Local Government will be given tile. opportunity to review
contract change orders that will result in an increase in cost to the Local Government;
D. Upon opmpletion ofthfProtect, the party egnstructing the Project will issue and sign a
"Notification of Completion” acknowledging the Project's construction completibn.
E. For federally funded contracts, the partleb to this agreement will comply with fedeeal
construction requirernents cite,, in 23 CPR Part 636 and with requirements cited in 23 CFP
Part 633, and shall incl.. tde the latest version of Form "FHWA- 1273" in the contract bidding
documents If !force a6unt work will be performed, a finding of cast effectiveness shall be
made in comp0ance with 23 CFP 635, Subpart B.
12. Projeo'trMointenance
Thl 'Local Government shall be responsible for maintensince of locally owned roads after
completion of the work and the Mate shall be responsible for maintenance of state highway
system rafter completion of the worts if the work was,on the state highway systernt unless
otherwise provided for in existing maintenance agreements with the Local Government.
13. Right of Flay and heal Property
A. Right of way and real property acquisition shall be the responsibility of the Local
Government. 'Title to right of way and other related real property must be acceptable to
the State before funds may be expended fbr the improvement of the right of way or real
property.
B. If the Local Government is the owner of any part of the Project site under this agreement,
Vie Local Government shall pormit the Mate or its authorized representative access to
occupy the site to perform all activities required to execute the work.
C. All parties to this agreement will comply vtith and assume the costs for compliance with all
the requirements of Title 11 and 'Title Ill of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1070, Title 42 U.S.C.A_ Section 4641 et seq., including
those provisions relating to incidental expenses incurred by the property owners in
conveying the real property to the Local Government, and benefits applicable to the
relocation of any displaced person as defi ed in 49 CFR Section 24.2(g), Documentation
AFA AFA_LongGen Page 6 of 13 Revised 01/17/2014
CSJ #0$0&07-286
District #12- Houston
Code Chart 64 #08150
Project: $P 330 at San Jacinto
Avenue /Roltingbrook Street
F`&26ral Hl�l•!Way Administration
cFpf1 #2- o.2 ,o6
riot Rosearph and Development
to support such compliance must be maintained and made available to the State and its
representatives for review and itispdctlon.
b. The Local Government shall assu*ie all costs and perform necessary requirements to
provide any necessary evidenco of title or right of use in the name,,Pf the Local
Government to the xeal properly re.qf.ired for development of the Project. The evidence of
title or rights shall be acceptable to the State, and be free and clear of all encroachments.
The Local Government shall seq►tfe and provide easements and any needed nigh -s of
entry over any other land needed to.c(evelop the Project according to the approved Project
plans. The Local Government shall be responsible fd'r securing any additional real
propedy required for completion of the Project,
E. In the o�Ver# real property is donated tq the Local Government after the date of the State's
autKorization, the Local Goverment will provide all documentation to the State �-egai- ln§
fair Market Vslue of the aoqu red prop%ty. The Stale will,review the LocaL.00verpmeffs
appraisal, determine the fair miarket Value and credit that amount towards. the Local
Gdvernment's financial share. if donated property is to bo used as a funding match, it
may not be provided by the Locat Government, The $tate will not reirriburse the 1pcal
Government for any real property acquired before execution of this agrdemen`t and the
obligation of federal spending authority,
F. The Local Government shall prepare real property maps,' property descriptions, _and other
data as needed to properly deschbe the real property ant! submit theca to the State for
approval prior to the Local Government acquiring the reat property. Tracings of the maps
shalt be rehired by the Local Government for a Rermanont record.
fi. The Local +Government agrees to make a determination of property values for each real
property parcel by methods acceptabie to the State end tb submit to the Mate a tabulation
of the vaities so determirtpd, signed by the appropriate Local Government representative.
The tabula #ions shah list the parcel numbers, ownership, acreage and recommended
compensation, 6ompensation shall be shown in the corriponent parts of land acquired,
itemization of improvements acquired, damages (if any) and the amounts by which the
total compensation will be reduced it-the owner retains improvements. This tabulation'
shall be accompanied by an explanation to support the determined values, .together with a
copy of inforrnation or reports used in calculating all determined values. Expenses
incurred by the local Government ih performing this w4rR may be eligible fot
-reimbursement after the Local Government has received'Written authorization by the State
to proceed with determination bf real property values. Tile State will review the data
submitt$d and may base its reimbursement for parcel acguisitions ort these values.
H. Reimbursement for real property costs Will be made to the Local Government for real
property purchased in an amount not to exceed eighty percent (80 %) of the cost of the
real property purchased in accordance with the terms anti provisions of this agreement.
Reimbursement will be in an amount not to exceed eighty percent (80 %) of the State's
predetermined value of each parcef, of the net cost of the parcel, whichever is less. in
addition, reimbursement will be made to the Local Government for necessary payments to
appraisers, expenses incurred in order to assure good titliv, and coats associated with the
relocation of displaced persons and personal property as1well as incidental expenses.
AFA-AFA_LorigGan Page 7 of 13 Revised 01 /17/2014
-Y_ CSd X0508-07 -286
District #12- Houston
Code Chart 54 #03150
Proj%t, SP 330 at San Jacinto
Avenoo /RollingbrooR Street
FederAl Highway Administration
CF-QA #20.205
n Not Research and Development
1. If the Project requires the use of neat property to Which the Local Government will not hold
title, a separate agreement botween -the fawners of the real property and the Local
Government must be executed prior fo execution of this algreemkt. The separate
agreement most establish that the Project will be dedicated for public vise for a period of
not les§ than 10 (teh) years after completion. The separdfe agreement must define the
re0onsibilities of the parties as to the use of the regl prt� erty and operation and
maintenance of the Project after gompietion. The separa a agreement must be approved
by tfie Mate prior to its execution. A copy of the executed agreement shall be provided to
the State.
14. Notices
Ail notices to either:party shall be delivored personally or rent by certified or U.S. mail,
postage prepaid, addressed to that party at the following address:
Local Government:
City of Baytown
Baytown City Hall
2401 Market Street
Baytown, Texas 77522
State:
Director of Coptract Services Office
Texas Department of Transportation
125 E. 11" Street
Austin, Texas 78701
Ally notices shall be deemed given on the date delivered in person or deposited ih the mail,
unless otherwise provided by this agrerement. Either party may change the above addreasby
sending written notice of the change fo the other party. Either party may request lit wrfilng thbt
notices shall be delivered personally or by certified U.S. mail, and that request sha.lf be carried
out by the other party.
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 riot affect any othe'r 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 Govemment 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 abis and deeds of its contractors, employees, representatives, and
agents.
17. Ownership of Documents
Upon completion or termination of this agreement, all documents prepared by the State shall
remain the property of the State. All data prepared tinder this. agreement shall be made
AFA -Ai'A LongGen Rage 8 of 13 Revised 01/17/2'014
,
ter, tta
—
>'w��Y..",:��e�$`�.`C" -her
CSJ #05087 -286
Distract #12- Houston
Code Chart!64 #03150
' Proje6f: SP 330 at San Jacinto
o . h
Aveh4e /Rolfingbrook Street
Federal Highway Administration
CFDA 020.205
Not research and development
available to the State without restriction or limitation on their further use. All documents
produced or approved or otherwise crested by-the Local God4mment shall be transmitted to
the State in the form of photocopy reprpdur tion an a monthly Pasis as required by the State.
The originals shall remain tRe property of the Local Government, At the request of the State,
the Local Government shall submit any information required by the State in the format directed
by the State.
18. Comp lionte with Lawb
The parties shell comply with all federal; state, and local law. s, stdtutes, ordinances, rules and
regulations, and the orders and decrees of any courts- or administrative bodies or tribunals in
any mariner affecting the performance of this agreement. When required, the Local
Government shall furpish the State with satisfactory proof of this compliance.,
19. Sole Agreement 4N
This agreement constitutes the sale and b01y agreement between the parties and supersedes '
any prior understandings or written of oral agreements respecting the agreement's subject
Matter.
20. Cost Principles
In order to be reimbursed with federal fubds, the parties shall :comply with top Cost Principles
established in OMB Circular A -87 that specify that ail reimbursed costs are allowable,
reasonable, and aliocable to the Project.
21. Procutement and Property Managemeot Standards
The parties shall adhere to We procurement standards established in Title 49 OF'R §15.38 and
with the property management standard established in Title 4$ CFR §18.32.
22. Inspection of Books and Records ,
The- partids to this agreement shall maintain all books, documents, papers, .accounting
records, and other documentation relating to costs incurred under this agreement and shall
make such materials available to the State, the Local Government, ai d, if federally funded,
the Federal Highway Addlihistration (Fl-IWA), elhd the U.S. Ot#ice of the Inspector Genefal, or
them duly authorized representatives for rovibw and inspection at its ohice d�irinc� the contract
period and for four (4) years from the date of completion of work defined under this contract or
until any impending litigation, of claims are resolved. Additionally, the State, the Local
Government, and the FHWA and their drily authorized representatives shall have access to all
the governmental records that are directly Applicablp to this agreement for the purpose of
making audits, examinations, excerpts, and transcriptions.
f
23. Civil Rights Compliance
The Local Government shall comply with the regulations of the United States Department of
Transportation as they relate to non - discrimination (49 CFR Part 21 and 23 CFR Part 290),
and Executive Order 11246 titled "EgUdl Employment Opportunity," as amended by Executive
Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Fart fits).
AFA -AFA LongGen page 90f 1I3 Devised 01/17/2Q14
CSJ #056807 -286
Distridt #12- Houston
C6de Chart 64 #03150
Project., 80 330 at San Jacinto
AvanuelRollinghrook Street
FedtMl Highway Administration
CFDA #20 -205
Not Research and Development
24. Disadvantaged Business Enterprise (06t) Ptogratn Requirements
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CM Part 26.
B. The Local Government shall adopt, in its totality, the State's federally approved DBE
program,
C. The Local Government shall set3an appropriate DBE goal bonsistehtwith the State's PBE
guidelines and in consideration of the local market, prbjeci`size, and nature of the goods or
services to be acquired, The Local Government shall have final deci�iort rnaking authority
regarding the DBE goal and shall be responsiblelor documenting its - actions.
D. The Local Governmentshall folloW all other parts of tke Stato's,,WBE progiarn referenced in
I'XDpT Form 95 Me orah. urn rrf Understanding Re Adoption of the Texas
Department of Transportation 6 Federally�Approved Disadvantaged Business Enterprise by
Entity, and attachments found at web address
E. The Local Governm ,6t shall not discriminate on the basis of re'ce, , color, national oricgih, or
sex irl the award Arid,performance of any V.S. Department of Transportation (DOT) -'
assisted contract or.ir1`the administration of its DBE program Qr'fhe requirements. of 14`9
CFR Part 26. The Local Govemment shalf i4ke all neces §ary Arid reasonable steps under
49 CFR Part 26 to,ensure non- discftioation in -award and adm"inisttation of 00T- - misted 17
contracts, 'The 8.tatWs DBE prggra , as required by 49 CSR Part 26 and as approved by
DOT, is incorporated`* refer0n' a in thin agteerbent. Implementation of this .program is a
legal obligation aind1W lure, to cotry- t"Ut its terms shall be treated as, a Vioidbon of this
agreement, Upon notification to the Local Government of its failure to carry out its
approved program, the State may impose sanctrrarts as provided for udder 49 CPR Part 26
and may, in appropriate cases, refer the matter for enforcement under 18 U.S,C, 1t}0`l and
the Program Freud Civil Remedies Adof 1986 (31 U.S.0 ..'3801 at seq.).
F. Each contract the Local Government signs with a contractor (and each subcontract the
prime contractor signs with a sub - contractor) must include the f6floMna assurance; The
contractor, sub - recipient, or sub - co4bcto�,r shall not discriminate on the basis of rade,
color, n' ondl origin, or sex in th6 Aerf9rmance cif this contract. The con motor shall carry
out applicable requirements of 49 CFR Part 26 in the amid and administration of LOOT
assisted contracts. Failure by the contractor to care out these regpireAents is a material
breach of this agreement, which may result in the terminahon of this agreement or such
other remedy as the recipient deems appmpriate.
25. 06barment Certiifiic #tions
The parties are prohibited from making any award at any tier jo'any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
Programs udder Executive Ordr�r 12549, "Debarment and Suspension," By executing this
agreement, the Local Government certifies that it and its principals are not currently debarred,
suspended, or otherwise excluded from or ineligible far participation in 06deral Assistance
Programs under Executive Order 12549 and further certifies that it will not do business with
any party, to include principals, that is currently debarred, sus0nded, or otherwise excluded
from or ineligible for participation in Federal Assistance Programs under Execrative larder
AFA- AFAvLongDen Pagt� 10 Of 13 Revised 01/17/2014
0
CSJ #MB -07 -285
District #12�Houston
Code Chart 64 #03150
Project' SP 330 at San Jacinto
AVOnuglRollingbrook Street
Federal Highway Administration
CFDA #2b.2, o5
Not Resear0h• and Development
i
12549. The parties to this contract shall requiro any party to -a subcontract or purchase order
awarded under this contract to certify its eligibililky to receive federal funds and, when
requested by the State, to furnish a copy of the, certification.
2£. Lobbying Certification
In executing this agreement, each signatory certifies to the best of that signatory's knowledge
and belief, that:
A. No federal appropriated funds have been paid or will be p4id ray or on behalf of the parties
to Any person for irlflugncing Qr atttempting to influence an ;off leer or employee' of any
fedeta) agerii y, a bomber of CoNres% an officer or employee of Congress, ar an
employee of a Member of Congre4s, in connection with the. awarding of any federat
contact, the making of any federal giant, the making of arty federal loan, tie entering jW6
of ny cooperative agreement, and the extension, continu Lion, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have .boeh paid or will be paid try army
person for influencing or attempting to influence an officer Qr employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with federal contracts, gipnts, loans, or cooperative agreements,
thg signatory for the Local Government shall complete and submit the Federal Stenddrd
f=orm -LLL, ",Disclosure Form to Report Lobbying," in accardanoe with its instructidn.s.
C, The parties shall require that the language of this certification shall be irickluded in the:
award documents i+ r all sub - awards at all tieYs (Ihac udirlg 4ubc6otracts. subgrants; -and
contracts under grants, loans, and cooperative agreements) and all sub�r4ipionts shall
certify and disclose accordingly. Submission of this certification is a prerequisite for
making or entering into this transaction ioiposed by Title 31 U.S.C. §135. Any person.
who fails to file the required cgrtification shall be subject to a civil penalty of not less than
$10,000 and not more than $106,000 for each such failurq.
27. Insurance
if this ogreement authorizes the Local Government or its contractor to perform any work on
State right of way, before beginning work the entity performin6 the work. shall provide tho State
with a fully executed copy of the SWe`s Form 1550 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. This coverage shall be maintained until all
work on the State right of way is complete. If coverage Is notplaintained, all work on State
right of way shall cease immedibtely, and the State may recover damages and all costs of
completing the work.
28. Federal Funding Accountability and Transparency Act RePiuiremenls
A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act (FF'ATA) and irri lergenting regulations at 2 CFR Part
179, including Appendix -A. This agreem nt is subjec� to the following award terms:
httr):/Avww.-qPo.gov/fds.YsA) wv.- gPo.cov/fdsysA) 1 Fib - 2040 — f9�14iodfl20'10- 21705.gdf and
AFA- AFAALongGen Page 11 of 13.
Devised 01117/2014
CSJ #05W,07-286
District #1:12 Houston
Code Chart; 64 #03150
Project: SPS30 at San Jacinto
Avenuelkol ingbmok Street
Federal Highway Administration
CFDA #20.205
Not Research and Development
B. The Local Government agrees that it shelf:
t
1. Obtain and provide to the State a System for Award Management (SAM) number
(Federal Acquisition Regulation, Dart 4, Sub -part 4.11)-if this award provi6es more than
$25,000 in Federal funding. The SAM number may be obtained by visiting the SAM
website Whose address is: boos Ilwww arrl•. tportaJ1public1SAfA/
2_ Obtain and provide toAhe State a Data Universal'Nurnhering System (DUNS) number, a
unique nine - character number that allpws Federal. govemrnent to track the distribution
offederal money. The DUNS may be regUeste4 free of charge for all businesses and
entities required to do so by visiting the Dun & Bradstr4et (00) ors -fine registration
webs4e http: tfedgov drab.corpftbform; and
3. Report the total compensation anti names of its top five (5) executers to the State If:
I, More t6 4n 80% of annual grasp revenues are from the Federal government, and
those revenues, are greater than $25,000,000, and
ii. The compensation information is not already availaale through reporting to the U_S.
Securities and txchange Commission.
29. Single Audit Report
At The parties spell comply with tiiq requirements of the Single Audit Act of 1984, P.t;. 06-
502, ensuring that the single audit report includes the coverage stipulated in C}MS Circular
A-'133.
B. If threshold expenditures of $750,000 or more are met-du ing the Local Government's
fiscal year, the Loral Govarrninent must submit a Single Audit Report and Mel
Letter (if applicable) to TxDOT's .Audit Office, 125 E. 11 th Street, Austin, U 78701 or
contact TxDOT's Audit Office at
/twwW.txd t. ovlir ide -txdot Oice/. u 11/codtact.html.
C, If expenditures are less than $750,000 during the Local Government's fiscal year, the Local
Government must submit a statement to TxDOT's Audit Office as follows: "Vile did not
meet the $750,000 expenditure threshold and therefore, afe not required to have a single
audit performed for FY .0
DJ For each year the project remains .open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above. The
required annual filing shall extend throughout the life of the agreement, unless otherwise
amended or the project has been formally closed out and ho charges have Open incurred
within the current fiscal year.
s
30. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented.
AFA- AI=A_LongGe6
Page 12 of 13 Revised 01/17 /2014
ax
iR
CSJ #0508 -07 -286
District #124 Houston
Code Chart! 64 #0150
Rroj ;ct- SF' 330 at San Jacinto
Avenue /Roilingbrook Street
FdOeral Highway Administration
CItDA #20.205
Not Researph and Development
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
Signature
#x
THE STATE OF TEXAS
Kenneth Stewart
Interim Director of Contract Services
'Texas Department of Transportation
Date
AFA -AFA LongGen
i
Revised 01117 12014
CSJ #0508 -07 -286
District #12- Houton
Coda Chart 64 #03150
Project: SP 330 at San Jacinto
Avenue /Rollinghrook Street
Federal Highway Administration
CFDA #20.205
Not Research and Development
ATTACHMENT A
RESOLu*rl 6N 'aft ORDINANCE
AFA- AFA— LongGen page 1 of i
Attachment A
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AFA- AFA— LongGen page 1 of i
Attachment A
Attachment "B"
q,
Spur33D
At San Jacinto Ave/ Rollingbrook
Pmription of Work
Left turn lane Improvements
At various locations
On the Southbound Frontage Rd
And increased u -tum storage
at Decker
Harris
�^J& i�
GSJ ##0508 -07 -286
Distric.1 V 2- Houston
Code Chart 64 #03150
Project: 80 M at San Jacinto
AvenuelRoilingbrook Street
Federal Ffigh*ay Administration
CFDA #20.205
Not Research and Development
ATTACHMENT C
PRCiMCT aUDGET
The Local Government will be responslbie for 1M,/6 of all costs, including overrurjs, eXcept that the
Stag will be responsible for 100% of the indirect Stpte Costs and the following Direct State Cosh:
Environmental, Right of Way, Engineering, and Utility,
g
--
.. .. r is .. •. .
...
Description
Total list.
Fed+s lal
Payrrte nis by
Local
Par`boioation
Cost
FLI ng
State
oast
% 1, Cost
%
I Odst
Environmental
$30,000
0%
$0
0%
$0
100Vo
$30,000
En ineefrrt
$4OO Q
0% $0
0% $0
100%
$400,000
Su6toral
$4 0 0fXt3
$
$0
1 $430000
r scription
Total Est.
Federal
Mate
Payments by Local
Cast
Fu
Participation
Gov't
i
°fir Cost
"/0 Cost
%
COS- t
Construction b State
$1,900,+000
M/0 $0
0%
$0
100 " /Q
$1,060,000
Subtotal
$1, 9001000
$l1, x}00, 06th
}E
!{
i �A+FT...tik
'i y$,t0� y
"_rPG
. . . . .
Description
Total Est.
Federal
eats
Payments
by Local
Cost
Funding
Participation
Gov't
"/0 Cost
%
Cost
%
Cost
Environmental Direct State
$4,000
09%
$0
1100 " /,3
$4,000
00/'g
$0
Costs
Right of Way Direct State
$4,000
0%
$0
$4,000
0%
$0
Costs
Engineering Direct State
$49,000
0%
$0
100%
$49,000
0%
$0
Costs
Utility Direct $Mote Costs
$3,[ 00
0%
$0
100%
$3,000
0%
$0
Construction Direct State
$190,000
0%
$0
0%
$0
100%
$190,000
Costs
Indirect State Costs
$85,400
0 %Q
$0
100%
$95,000
0%
$0
$345,000
$0
$155,000
'Subtotal
1�$190i,'+0�00f�
AFA AFA LongGen
Page t of 2 '
Attachment C
'CSu 40508 -01 -286
l 4WIct ##12- HoUst0h
y , . Cone Chart 64 #03150
$'c, t Profeot: SP 330 at San Jacinto
4enue/Rollingbtook Street
PsderW Highway Administration
CFDA #20,205
' No# Research, and Development
initial payment by the Local Government to th'ie State: $0
Payment by the Local Government to the State before construction: $2,090,000
Estimated total p *yment by the Lcic�l< overnmeht to the State $2,090,000
This is an estimate. The final amount of Laca'l' Government participV19n will be based on actual costs.
AFA- AFA_LongGen
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Page 2 of 2
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Attachment C