Ordinance No. 12,687ORDINANCE NO. 12,687
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 INSTALLATION OF ADAPTIVE SIGN CONTROL
SYSTEM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN
AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND AND NO /100
DOLLARS ($200,000.00); 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 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 an advance funding agreement with the
State of Texas through the Texas Department of Transportation for installation of Adaptive Sign Control
System. 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 HUNDRED THOUSAND AND NO/ 100
DOLLARS ($200,000.00) 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 NO /100 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 from from and after its passage by the
City Council of the City of Baytown. 1/
INTRODUCED, READ and PASSED by the affirmative�dot�e, of the City Council of the City of
Baytown this the 23`d day of October, 2014.
ATTEST:
%A- �_ -
LETICIA BRYSCH, Ci lerk
APPROVED AS TO FORM:
X `
ACIO RAMIREZ, SR., City rney
Mayor
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STATE OF TEXAS §
COUNTY OF TRAVIS §
Exhibit "A"
CSJ # 0912 -72 -307, 0389 -62 -046 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from I 10 to Decker Dr.,
on SH 146 from Harris County Line to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ADVANCE FUNDING AGREEMENT
For A Texas Mobility Fund Project
On and Off System
THIS 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."
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements to
implement its public purposes; and
WHEREAS, 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 local
governments; and
WHEREAS, federal and state laws require local governments to meet certain contract standards
relating to the management and administration of State and federal funds; and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 113948,
authorizing the State to undertake and complete a highway improvement generally described as
adaptive signal coordination and synchronization called the "Project"; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this
agreement by resolution or ordinance dated It 20_, which is attached to and
made a part of this agreement as Attachment "A" for the improvement covered by this agreement.
A map showing the Project location appears in Attachment "B," 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:
AFA- AFA_LongGen Page 1 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389- 02- 045'and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
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 Project is completed
or unless terminated as provided below.
2. Scope of Work
Purchase of the equipment only for the installation of Adaptive Signal Control System
equipment on Garth Road from IH 10 to Decker Drive, on SH 146 from Harris County Line to
IH 10 and on SH 146 from Massey Tompkins Road to Chambers County Line as shown on
Attachment "B ". This equipment will collect real time data, evaluate the data, and adjust when
green lights start and end to accommodate current traffic patterns to promote smooth flow and
ease traffic congestion. Installation of the equipment will be by City of Baytown forces.
The Local Government will be responsible for the installation of all equipment purchased with
State funds. State funds will not participate in installation costs. The Local Government will
be responsible for all non -state participation costs associated with the Project. The Local
Government will be responsible for purchasing all equipment required for the project and will
get prior approval from the State before making any purchase. The Local Government shall
be responsible for the installation of all equipment purchased for use with the Adaptive Signal
Control System. All installation costs will be the responsibility of the local Government and
shall not be eligible for State reimbursement under this agreement. The Local Government
will be responsible for all other aspects of the Project. The State will be responsible for
checking that all equipment is installed and operational per the plans. The adaptive signal
equipment must be installed and operational to the satisfaction of the State within 2 years of
the execution of this agreement. Should the Local Government fail to satisfy this requirement,
the purchase price of the equipment will be refunded to the State.
3. Local Project Sources and Uses of Funds
A. The total estimated cost of the Project is shown in the Project Budget — Attachment "C ",
which is attached to 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 approved by
the Texas Transportation Commission. The State and the Federal Government will not
reimburse the Local Government for any work performed before the federal spending
authority is formally obligated to the Project by the Federal Highway Administration. After
federal funds have been obligated, the State will send to the Local Government a copy of
the formal documentation showing the obligation of funds including federal award
information. The Local Government is responsible for 100% of the cost of any work
AFA- AFA_LongGen Page 2 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389 -d2 -045 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to I 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
performed under its direction or control before the federal spending authority is formally
obligated.
B. If the Local Government will perform any work under this contract for which reimbursement
will be provided by or through the State, the Local Government must complete training
before federal spending authority is obligated. Training is complete when at least one
individual who is working actively and directly on the Project successfully completes and
receives a certificate for the course entitled Local Government Project Procedures
Qualification for the Texas Department of Transportation. The Local Government shall
provide the certificate of qualification to the State. The individual who receives the training
certificate may be an employee of the Local Government or an employee of a firm that has
been contracted by the Local Government to perform oversight of the Project. The State in
Its discretion may deny reimbursement if the Local Government has not designated a
qualified individual to oversee the Project.
C. This Project cost estimate 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; (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 local project costs.
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 Project. If the Local
Government is due funds for expenses incurred, these funds will be reimbursed to the
Local Government on a cost basis.
E. The Local Government will be responsible for all non - federal or non -state 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 pay to the State the amount specified in Attachment C. At a minimum,
this amount shall equal the Local Government's funding share for the estimated cost of
preliminary engineering for the Project. At least sixty (60) days prior to the date set for
receipt of the construction bids, the Local Government shall remit its remaining financial
share for the State's estimated construction oversight and construction cost.
G. In the event that the State determines that additional funding by the Local Government is
required at any time during the Project, the State will notify the Local Government in
writing. The Local Government shall make payment to the State within thirty (30) days
from receipt of the State's written notification.
H. 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 Trust Fund." The check or warrant shall be deposited by the State in an
escrow account to be managed by the State. Funds in the escrow account may only be
applied to the State Project.
AFA -AFA LongGen Page 3 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389- 02- 045and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
I. 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 funds remain in the
escrow account, those funds may be applied by the State to the Local Government's
contractual obligations to the State under 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 §15.52, the budget in Attachment
C will clearly state the amount of the fixed price or the incremental payment schedule.
M. If the Local government is an Economically Disadvantaged County 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 under this contract or indirectly through a subcontract under this contract.
Acceptance of funds directly under this contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, under the direction of
the legislative audit committee, to conduct an audit or investigation in connection with those
funds. An entity that is the subject of an audit or investigation must provide the state
auditor with access to any information the state auditor considers relevant to the
investigation or audit.
O. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
P. The Local Government is authorized to submit requests for reimbursement by submitting
the original of an itemized invoice in a form and containing all items required by the State
no more frequently than monthly, and no later than ninety (90) days after costs are
Incurred. If the Local Government submits invoices more than ninety (90) days after the
costs are incurred, and if federal funding is reduced as a result, the State shall have no
responsibility to reimburse the Local Government for those costs.
Q. The State will not execute the contract for the construction of the Project until the required
funding has been made available by the Local Government in accordance with this
agreement.
4. Termination of this Agreement
This agreement shall remain in effect until the project is completed and accepted by all parties,
unless:
AFA- AFA_LongGen Page 4 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389 - 02-045 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from I 10 to Decker Dr.,
on SH 146 from Harris County Line to I 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
A. The agreement is terminated in writing with the mutual consent of the parties;
B. 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;
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 proceed
because of insufficient funds, in which case the Local Government agrees to reimburse the
State for its reasonable actual costs incurred during the Project; or
D. The Project is inactive for thirty -six (36) months or longer and no expenditures have been
charged against federal funds, in which case the State may in its discretion terminate this
agreement.
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.
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. Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of utility
facilities in accordance with applicable State 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 with federal or state funds for
the cost of required utility work. The Local Government must obtain advance approval for any
variance from established procedures. Before a construction contract is let, the Local
Government shall provide, at the State's request, a certification stating that the Local
Government has completed the adjustment of all utilities that must be adjusted before
construction is completed.
8. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental Policy
Act and the National Historic Preservation Act of 1966, which require environmental clearance
of federal -aid projects.
A. The Local Government is responsible for the identification and assessment of any
environmental problems associated with the development of a local project governed by
this agreement.
B. The Local Government is responsible for the cost of any environmental problem's
mitigation and remediation.
AFA- AFA_LongGen Page 5 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389 -02 -045 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to I 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
C. The Local Government is responsible for providing any public meetings or public hearings
required for development of the environmental assessment. Public hearings will not be
held prior to the approval of project schematic.
D. The Local Government is responsible for the preparation of the NEPA documents required
for the environmental clearance of this Project.
E. 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 have been obtained.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this agreement shall ensure that the plans for and the construction of all projects
subject to this agreement are in compliance with the Texas Accessibility Standards (TAS)
issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers
Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility
requirements to be consistent with minimum accessibility requirements of the Americans with
Disabilities Act (P.L. 101 -336) (ADA).
10. 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. For projects on the state
highway system, the design shall, at a minimum conform to applicable State manuals. For
projects not on the state highway system, the design shall, at a minimum, conform to
applicable American Association of State Highway and Transportation Officials design
standards. In procuring professional services, the parties to this agreement must comply with
federal requirements cited In 23 CFR Part 172 if the project is federally funded and with Texas
Government Code 2254, Subchapter A, in all cases. Professional contracts for federally
funded projects must conform to federal requirements, specifically including the provision for
participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental
matters.
11. Construction Responsibilities
A. (Not Applicable)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 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. In order to ensure federal funding eligibility, projects
must be authorized by the State prior to advertising for construction.
AFA- AFA_LongGen Page 6 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389- 0L- 045'and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
B. (Not Applicable)The State will use its approved contract letting and award procedures to
let and award the construction contract.
C. (Not Applicable) Prior to their execution, the Local Government will be given the
opportunity to review contract change orders that will result in an increase in cost to the
Local Government.
D. (Not Applicable)Upon completion of the Project, the party constructing the Project will
issue and sign a "Notification of Completion" acknowledging the Projects construction
completion.
E. (Not Applicable)For federally funded contracts, the parties to this agreement will comply
with federal construction requirements cited in 23 CFR Part 635 and with requirements
cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA -1273" in the
contract bidding documents. If force account work will be performed, a finding of cost
effectiveness shall be made in compliance with 23 CFR 635, Subpart B.
12. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads after
completion of the work and the State shall be responsible for maintenance of state highway
system after completion of the work if the work was on the state highway system, unless
otherwise provided for in existing maintenance agreements with the Local Government.
13. Right of Way and Real 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 for 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,
the Local Government shall permit the State 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 with and assume the costs for compliance with all
the requirements of Title II and Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., 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 defined in 49 CFR Section 24.2(g). Documentation
to support such compliance must be maintained and made available to the State and its
representatives for review and inspection.
D. The Local Government shall assume all costs and perform necessary requirements to
provide any necessary evidence of title or right of use in the name of the Local
Government to the real property required 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.
AFA- AFA_LongGen Page 7 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389 -02 -045 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Une to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
The Local Government shall secure and provide easements and any needed rights of entry
over any other land needed to develop the Project according to the approved Project plans.
The Local Government shall be responsible for securing any additional real property
required for completion of the Project.
E. In the event real property is donated to the Local Government after the date of the State's
authorization, the Local Government will provide all documentation to the State regarding
fair market value of the acquired property. The State will review the Local Government's
appraisal, determine the fair market value and credit that amount towards the Local
Government' s financial share. If donated property Is to be used as a funding match, it may
not be provided by the Local Government. The State will not reimburse the Local
Government for any real property acquired before execution of this agreement 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 describe the real property and submit them to the State for
approval prior to the Local Government acquiring the real property. Tracings of the maps
shall be retained by the Local Government for a permanent record.
G. The Local Government agrees to make a determination of property values for each real
property parcel by methods acceptable to the State and to submit to the State a tabulation
of the values so determined, signed by the appropriate Local Government representative.
The tabulations shall list the parcel numbers, ownership, acreage and recommended
compensation. Compensation shall be shown in the component parts of land acquired,
Itemization of improvements acquired, damages (if any) and the amounts by which the total
compensation will be reduced if the owner retains improvements. This tabulation shall be
accompanied by an explanation to support the determined values, together with a copy of
information or reports used in calculating all determined values. Expenses incurred by the
Local Government in performing this work may be eligible for reimbursement after the
Local Government has received written authorization by the State to proceed with
determination of real property values. The State will review the data submitted and may
base its reimbursement for parcel acquisitions on 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 and provisions of this agreement.
Reimbursement will be in an amount not to exceed eighty percent (80 %) of the State's
predetermined value of each parcel, or 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 title, and costs associated with the
relocation of displaced persons and personal property as well as incidental expenses.
I. if the Project requires the use of real property to which the Local Government will not hold
title, a separate agreement between the owners of the real property and the Local
Government must be executed prior to execution of this agreement. The separate
agreement must establish that the Project will be dedicated for public use for a period of
AFA- AFA_LongGen Page 8 of 14 Revised 09/11/2014
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0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
not less than 10 (ten) years after completion. The separate agreement must define the
responsibilities of the parties as to the use of the real property and operation and
maintenance of the Project after completion. The separate agreement must be approved
by The State prior to its execution. A copy of the executed agreement shall be provided to
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 of Baytown
Baytown City Hall
2401 Market Street
Baytown, Texas 77522
State:
Director of Contract Services Office
Texas Department of Transportation
125 E. 11 t, 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.
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, all documents prepared by the State shall
remain the property of the State. All data prepared under this agreement shall be made
available to the State without restriction or limitation on their further use. All documents
AFA- AFA_LongGen Page 9 of 14 Revised 09/11/2014
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0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from I 10 to Decker Dr.,
on SH 146 from Harris County Line to I 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
produced or approved or otherwise created by the Local Government shall be transmitted to
the State in the form of photocopy reproduction on a monthly basis as required by the State.
The originals shall remain the 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. 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. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in OMB Circular A -87 that specify that all reimbursed costs are allowable,
reasonable, and allocable to the Project.
21. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and
with the property management standard established in Title 49 CFR §18.32.
22. 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 under this agreement and shall
make such materials available to the State, the Local Government, and, if federally funded,
the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or
their duly authorized representatives for review and inspection at its office during the contract
period and for four (4) years from the date of completion of work defined under this contract or
until any impending litigation, or claims are resolved. Additionally, the State, the Local
Government, and the FHWA 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.
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 200),
AFA- AFA_LongGen Page 10 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389- 02- 045'and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from I 10 to Decker Dr.,
on SH 146 from Harris County Line to I 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive
Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60).
24. Disadvantaged Business Enterprise (DBE) Program Requirements
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
B. The Local Government shall adopt, in its totality, the State's federally approved DBE
program.
C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE
guidelines and in consideration of the local market, project size, and nature of the goods or
services to be acquired. The Local Government shall have final decision - making authority
regarding the DBE goal and shall be responsible for documenting its actions.
D. The Local Government shall follow all other parts of the State's DBE program referenced in
TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas
Department of Transportation's Federally- Approved Disadvantaged Business Enterprise by
Entity, and attachments found at web address
hftr)://ftr).dot.state.bc.us/r)ub/b(dot-info/boi)/dbe/mou/mou attachments.odf.
E. The Local Government shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of any U.S. Department of Transportation (DOT) -
assisted contract or in the administration of its DBE program or the requirements of 49
CFR Part 26. The Local Government shall take all necessary and reasonable steps under
49 CFR Part 26 to ensure non - discrimination in award and administration of DOT - assisted
contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by
DOT, is incorporated by reference in this agreement. Implementation of this program is a
legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the Local Government of its failure to carry out its
approved program, the State may impose sanctions as provided for under 49 CFR Part 26
and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et 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 following assurance: The
contractor, sub - recipient, or sub - contractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract The contractor shall carry
out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -
assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this agreement, which may result in the termination of this agreement or such
other remedy as the recipient deems appropriate.
25. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
AFA- AFA_LongGen Page 11 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389 -02 -045 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County lane to I 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
Programs under Executive Order 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 for participation in Federal 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, suspended, or otherwise excluded
from or ineligible for participation in Federal Assistance Programs under Executive Order
12549. The parties to this contract shall require any party to a subcontract or purchase order
awarded under this contract to certify its eligibility to receive federal funds and, when
requested by the State, to furnish a copy of the certification.
26. 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 paid by or on behalf of the parties
to any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or 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, grants, loans, or cooperative agreements,
the signatory for the Local Government shall complete and submit the Federal Standard
Form -LLL, "Disclosure Form to Report Lobbying," In accordance with its instructions.
C. The parties shall require that the language of this certification shall be included in the
award documents for all sub - awards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and all sub - recipients shall
certify and disclose accordingly. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
27. Insurance
If this agreement authorizes the Local Government or its contractor to perform any work on
State right of way, before beginning work the entity 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. 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
AFA- AFA_LongGen Page 12 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389 -02 -045 and
0389 -03 -038
District # 12 - Houston
Code -Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from I 10 to Decker Dr.,
on SH 146 from Harris County Line to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Une
Federal Highway Administration
CFDA # 20.205
Not Research and Development
right of way shall cease immediately, and the State may recover damages and all costs of
completing the work.
28. Federal Funding Accountability and Transparency Act Requirements
A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part
170, including Appendix A. This agreement is subject to the following award terms:
http: / /www.ovo.aov /fdsys /aka /FR- 2010- 09- 14/pdf/2010- 22705.r)df and
http: / /www.apo- oov / fdsys/t)ka/FR- 2010- 09- 14 /r)df /2010 - 22706. adf.
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM) number
(Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than
$25,000 in Federal funding. The SAM number may be obtained by visiting the SAM
website whose address is: https: / /www.sam.aov /aortal /public /SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a
unique nine - character number that allows Federal government to track the distribution
of federal money. The DUNS may be requested free of charge for all businesses and
entities required to do so by visiting the Dun & Bradstreet (D &B) on -line registration
website http: / /fedoov.dnb.com /webform; and
3. Report the total compensation and names of its top five (5) executives to the State if:
I. More than 80% of annual gross revenues are from the Federal government, and
those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the U.S.
Securities and Exchange Commission.
29. Single Audit Report
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-
502, ensuring that the single audit report includes the coverage stipulated in OMB Circular
A -133.
B. If threshold expenditures are met during the Local Government's fiscal year, the Local
Government must submit a Single Audit Report and Management Letter (if applicable) to
TxDOT's Audit Office, 125 E. 11 th Street, Austin, TX 78701 or contact TxDOrs Audit
Office at http: / /www.bcdot.gov/ inside - txdot/office /audittcontact.htmi. The expenditure
threshold for fiscal years beginning prior to December 31, 2014 is $500,000; the
expenditure threshold for fiscal years beginning on or after December 31, 2014 is
$750,000.
C. If expenditures are less than the threshold during the Local Government's fiscal year, the
Local Government must submit a statement to TxDOT's Audit Office as follows: "We did
not meet the $ expenditure threshold and therefore, are not required to have a
single audit performed for FY "
AFA- AFA_LongGen Page 13 of 14 Revised 09/11/2014
CSJ # 0912-72-307,0389-02-045 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from I 10 to Decker Dr.,
on SH 146 from Harris County Line to I 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
D. 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 no charges have been incurred
within the current fiscal year.
30. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
Date
THE STATE OF TEXAS
Kenneth Stewart
Director of Contract Services
Texas Department of Transportation
Date
AFA- AFA_LongGen Page 14 of 14 Revised 09/11/2014
.CSJ # 0912 -72 -307, 0389 -02 -045 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from I 10 to Decker Dr.,
on SH 146 from Harris County Line to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT A
RESOLUTION OR ORDINANCE
AFA- AFA_LongGen Page 1 of 1 Attachment A
ORDINANCE NO. 12,687
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 INSTALLATION OF ADAPTIVE SIGN CONTROL
SYSTEM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN
AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND AND NO /100
DOLLARS ($200,000.00); 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 installation of Adaptive Sign Control
System. 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 HUNDRED THOUSAND AND NO/ 100
DOLLARS ($200,000.00) 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 NO /100 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 immed
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative
Baytown this the 23rd day of October, 2014.
ATTEST:
LETICIA BRYSCH, Ci Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., City rney
o= iOw
k Z -�c V
and after its passage by the
of the City Council of the City of
RLOS, Mayor
R:',Karen\FileslCity Council'.Ordinances\2014' +.October 23W dvancedFundingAgreement4AdaptiveSignControlSystem .doc
STATE OF TEXAS §
COUNTY OF TRAVIS §
Exhibit "A"
CSJ # 0912 -72 -307, 0389 -62 -046 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from I 10 to Decker Dr.,
on SH 146 from Harris County Line to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ADVANCE FUNDING AGREEMENT
For A Texas Mobility Fund Project
On and Off System
THIS 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."
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements to
implement its public purposes; and
WHEREAS, 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 local
governments; and
WHEREAS, federal and state laws require local governments to meet certain contract standards
relating to the management and administration of State and federal funds; and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 113948,
authorizing the State to undertake and complete a highway improvement generally described as
adaptive signal coordination and synchronization called the "Project'; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this
agreement by resolution or ordinance dated , 20_, which is attached to and
made a part of this agreement as Attachment "A" for the improvement covered by this agreement.
A map showing the Project location appears in Attachment "B," 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:
AFA- AFA_LongGen Page 1 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389- 0Z- 045'and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
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 Project is completed
or unless terminated as provided below.
2. Scope of Work
Purchase of the equipment only for the installation of Adaptive Signal Control System
equipment on Garth Road from IH 10 to Decker Drive, on SH 146 from Harris County Line to
IH 10 and on SH 146 from Massey Tompkins Road to Chambers County Line as shown on
Attachment "B ". This equipment will collect real time data, evaluate the data, and adjust when
green lights start and end to accommodate current traffic patterns to promote smooth flow and
ease traffic congestion. Installation of the equipment will be by City of Baytown forces.
The Local Government will be responsible for the installation of all equipment purchased with
State funds. State funds will not participate in installation costs. The Local Government will
be responsible for all non -state participation costs associated with the Project. The Local
Government will be responsible for purchasing all equipment required for the project and will
get prior approval from the State before making any purchase. The Local Government shall
be responsible for the installation of all equipment purchased for use with the Adaptive Signal
Control System. All installation costs will be the responsibility of the local Government and
shall not be eligible for State reimbursement under this agreement. The Local Government
will be responsible for all other aspects of the Project. The State will be responsible for
checking that all equipment is installed and operational per the plans. The adaptive signal
equipment must be installed and operational to the satisfaction of the State within 2 years of
the execution of this agreement. Should the Local Government fail to satisfy this requirement,
the purchase price of the equipment will be refunded to the State.
3. Local Project Sources and Uses of Funds
A. The total estimated cost of the Project is shown in the Project Budget — Attachment "C ",
which is attached to 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 approved by
the Texas Transportation Commission. The State and the Federal Government will not
reimburse the Local Government for any work performed before the federal spending
authority is formally obligated to the Project by the Federal Highway Administration. After
federal funds have been obligated, the State will send to the Local Government a copy of
the formal documentation showing the obligation of funds including federal award
information. The Local Government is responsible for 100% of the cost of any work
AFA- AFA_LongGen Page 2 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389 -d2 -045 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to I 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
performed under its direction or control before the federal spending authority is formally
obligated.
B. If the Local Government will perform any work under this contract for which reimbursement
will be provided by or through the State, the Local Government must complete training
before federal spending authority is obligated. Training is complete when at least one
individual who is working actively and directly on the Project successfully completes and
receives a certificate for the course entitled Local Government Project Procedures
Qualification for the Texas Department of Transportation. The Local Government shall
provide the certificate of qualification to the State. The individual who receives the training
certificate may be an employee of the Local Government or an employee of a firm that has
been contracted by the Local Government to perform oversight of the Project. The State in
its discretion may deny reimbursement if the Local Government has not designated a
qualified individual to oversee the Project.
C. This Project cost estimate 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; (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 local project costs.
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 Project. If the Local
Government is due funds for expenses incurred, these funds will be reimbursed to the
Local Government on a cost basis.
E. The Local Government will be responsible for all non - federal or non -state 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 pay to the State the amount specified in Attachment C. At a minimum,
this amount shall equal the Local Government's funding share for the estimated cost of
preliminary engineering for the Project. At least sixty (60) days prior to the date set for
receipt of the construction bids, the Local Government shall remit its remaining financial
share for the State's estimated construction oversight and construction cost.
G. In the event that the State determines that additional funding by the Local Government is
required at any time during the Project, the State will notify the Local Government in
writing. The Local Government shall make payment to the State within thirty (30) days
from receipt of the State's written notification.
H. Whenever funds are paid by the Local Government to the State under this agreement, the
Local Government shall remit a check or warrant made payabl@ to the "Texas Department
of Transportation Trust Fund." The check or warrant shall be deposited by the State in an
escrow account to be managed by the State. Funds in the escrow account may only be
applied to the State Project.
AFA- AFA_LongGen Page 3 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389-02-045 'and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr
on SH 146 from Harris County Une to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
I. 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 funds remain in the
escrow account, those funds may be applied by the State to the Local Government's
contractual obligations to the State under 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 §15.52, the budget in Attachment
C will clearly state the amount of the fixed price or the incremental payment schedule.
M. If the Local government is an Economically Disadvantaged County 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 under this contract or indirectly through a subcontract under this contract.
Acceptance of funds directly under this contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, under the direction of
the legislative audit committee, to conduct an audit or investigation in connection with those
funds. An entity that is the subject of an audit or investigation must provide the state
auditor with access to any information the state auditor considers relevant to the
investigation or audit.
O. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
P. The Local Government is authorized to submit requests for reimbursement by submitting
the original of an itemized invoice in a form and containing all items required by the State
no more frequently than monthly, and no later than ninety (90) days after costs are
incurred. If the Local Govemment submits invoices more than ninety (90) days after the
costs are incurred, and if federal funding is reduced as a result, the State shall have no
responsibility to reimburse the Local Government for those costs.
Q. The State will not execute the contract for the construction of the Project until the required
funding has been made available by the Local Government in accordance with this
agreement.
4. Termination of this Agreement .
This agreement shall remain in effect until the project is completed and accepted by all parties,
unless:
AFA- AFA_LongGen Page 4 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389 -02 -045 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from I 10 to Decker Dr.,
on SH 146 from Harris County Line to 11110
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
A. The agreement is terminated in writing with the mutual consent of the parties;
B. 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;
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 proceed
because of insufficient funds, in which case the Local Government agrees to reimburse the
State for its reasonable actual costs incurred during the Project; or
D. The Project is inactive for thirty -six (36) months or longer and no expenditures have been
charged against federal funds, in which case the State may in its discretion terminate this
agreement.
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.
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. Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of utility
facilities in accordance with applicable State 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 with federal or state funds for
the cost of required utility work. The Local Government must obtain advance approval for any
variance from established procedures. Before a construction contract is let, the Local
Government shall provide, at the State's request, a certification stating that the Local
Government has completed the adjustment of all utilities that must be adjusted before
construction is completed.
8. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental Policy
Act and the National Historic Preservation Act of 1966, which require environmental clearance
of federal -aid projects.
A. The Local Government is responsible for the identification and assessment of any
environmental problems associated with the development of a local project governed by
this agreement.
B. The Local Government is responsible for the cost of any environmental problem's
mitigation and remediation.
AFA- AFA_LongGen Page 5 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389 -02 -045 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
C. The Local Government is responsible for providing any public meetings or public hearings
required for development of the environmental assessment. Public hearings will not be
held prior to the approval of project schematic.
D. The Local Government is responsible for the preparation of the NEPA documents required
for the environmental clearance of this Project.
E. 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 have been obtained.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this agreement shall ensure that the plans for and the construction of all projects
subject to this agreement are in compliance with the Texas Accessibility Standards (TAS)
issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers
Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility
requirements to be consistent with minimum accessibility requirements of the Americans with
Disabilities Act (P.L. 101 -336) (ADA).
10. 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. For projects on the state
highway system, the design shall, at a minimum conform to applicable State manuals. For
projects not on the state highway system, the design shall, at a minimum, conform to
applicable American Association of State Highway and Transportation Officials design
standards. In procuring professional services, the parties to this agreement must comply with
federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas
Government Code 2254, Subchapter A, in all cases. Professional contracts for federally
funded projects must conform to federal requirements, specifically including the provision for
participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental
matters.
11. Construction Responsibilities
A. (Not Applicable)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 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. In order to ensure federal funding eligibility, projects
must be authorized by the State prior to advertising for construction.
AFA- AFA_LongGen Page 6 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389- &045'and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
B. (Not Applicable)The State will use its approved contract letting and award procedures to
let and award the construction contract.
C. (Not Applicable)Prior to their execution, the Local Government will be given the
opportunity to review contract change orders that will result in an increase in cost to the
Local Government.
D. (Not Applicable)Upon completion of the Project, the party constructing the Project will
issue and sign a "Notification of Completion" acknowledging the Project's construction
completion.
E. (Not Applicable)For federally funded contracts, the parties to this agreement will comply
with federal construction requirements cited in 23 CFR Part 635 and with requirements
cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA -1273" in the
contract bidding documents. If force account work will be performed, a finding of cost
effectiveness shall be made in compliance with 23 CFR 635, Subpart B.
12. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads after
completion of the work and the State shall be responsible for maintenance of state highway
system after completion of the work if the work was on the state highway system, unless
otherwise provided for in existing maintenance agreements with the Local Government.
13. Right of Way and Real 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 for 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,
the Local Government shall permit the State 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 with and assume the costs for compliance with all
the requirements of Title II and Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., 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 defined in 49 CFR Section 24.2(g). Documentation
to support such compliance must be maintained and made available to the State and its
representatives for review and inspection.
D. The Local Government shall assume all costs and perform necessary requirements to
provide any necessary evidence of title or right of use in the name of the Local
Government to the real property required 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.
AFA- AFA_LongGen Page 7 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389 -02 -045 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
The Local Government shall secure and provide easements and any needed rights of entry
over any other land needed to develop the Project according to the approved Project plans.
The Local Government shall be responsible for securing any additional real property
required for completion of the Project.
E. In the event real property is donated to the Local Government after the date of the State's
authorization, the Local Government will provide all documentation to the State regarding
fair market value of the acquired property. The State will review the Local Government's
appraisal, determine the fair market value and credit that amount towards the Local
Government's financial share. If donated property is to be used as a funding match, it may
not be provided by the Local Government. The State will not reimburse the Local
Government for any real property acquired before execution of this agreement 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 describe the real property and submit them to the State for
approval prior to the Local Government acquiring the real property. Tracings of the maps
shall be retained by the Local Government for a permanent record.
G. The Local Government agrees to make a determination of property values for each real
property parcel by methods acceptable to the State and to submit to the State a tabulation
of the values so determined, signed by the appropriate Local Government representative.
The tabulations shall list the parcel numbers, ownership, acreage and recommended
compensation. Compensation shall be shown in the component parts of land acquired,
itemization of improvements acquired, damages (if any) and the amounts by which the total
compensation will be reduced if the owner retains improvements. This tabulation shall be
accompanied by an explanation to support the determined values, together with a copy of
information or reports used in calculating all determined values. Expenses incurred by the
Local Government in performing this work may be eligible for reimbursement after the
Local Government has received written authorization by the State to proceed with
determination of real property values. The State will review the data submitted and may
base its reimbursement for parcel acquisitions on 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 and provisions of this agreement.
Reimbursement will be in an amount not to exceed eighty percent (80 %) of the State's
predetermined value of each parcel, or the net cost of the parcel, whichever is less. In
addition, reimbursement will be made to the Local Govemment for necessary payments to
appraisers, expenses incurred in order to assure good title, and costs associated with the
relocation of displaced persons and personal property as well as incidental expenses.
1. If the Project requires the use of real property to which the Local Government will not hold
title, a separate agreement between the owners of the real property and the Local
Government must be executed prior to execution of this agreement. The separate
agreement must establish that the Project will be dedicated for public use for a period of
AFA- AFA_LongGen Page 8 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389- 02- 045*and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to I 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
not less than 10 (ten) years after completion. The separate agreement must define the
responsibilities of the parties as to the use of the real property and operation and
maintenance of the Project after completion. The separate agreement must be approved
by The State prior to its execution. A copy of the executed agreement shall be provided to
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 of Baytown
Baytown City Hall
2401 Market Street
Baytown, Texas 77522
State:
Director of Contract Services Office
Texas Department of Transportation
125 E. 11 m 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.
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, all documents prepared by the State shall
remain the property of the State. All data prepared under this agreement shall be made
available to the State without restriction or limitation on their further use. All documents
AFA- AFA_LongGen Page 9 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389 -02 -045 and
0389.03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr
on SH 146 from Harris County Line to I 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
produced or approved or otherwise created by the Local Government shall be transmitted to
the State in the form of photocopy reproduction on a monthly basis as required by the State.
The originals shall remain the 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. 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. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in OMB Circular A -87 that specify that all reimbursed costs are allowable,
reasonable, and allocable to the Project.
21. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and
with the property management standard established in Title 49 CFR §18.32.
22. 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 under this agreement and shall
make such materials available to the State, the Local Government, and, if federally funded,
the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or
their duly authorized representatives for review and inspection at its office during the contract
period and for four (4) years from the date of completion of work defined under this contract or
until any impending litigation, or claims are resolved. Additionally, the State, the Local
Government, and the FHWA 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.
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 200),
AFA- AFA_LongGen Page 10 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389- 02- 045'and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to I 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive
Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60).
24. Disadvantaged Business Enterprise (DBE) Program Requirements
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
B. The Local Government shall adopt, in its totality, the State's federally approved DBE
program.
C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE
guidelines and in consideration of the local market, project size, and nature of the goods or
services to be acquired. The Local Government shall have final decision - making authority
regarding the DBE goal and shall be responsible for documenting its actions.
D. The Local Government shall follow all other parts of the State's DBE program referenced in
TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas
Department of Transportation's Federally- Approved Disadvantaged Business Enterprise by
Entity, and attachments found at web address
http•/ /ftp.dot.state.tx.us /r)ub /txdot- info /bop /dbe /mou/mou attachments.odf.
E. The Local Government shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of any U.S. Department of Transportation (DOT) -
assisted contract or in the administration of its DBE program or the requirements of 49
CFR Part 26. The Local Government shall take all necessary and reasonable steps under
49 CFR Part 26 to ensure non - discrimination in award and administration of DOT - assisted
contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by
DOT, is incorporated by reference in this agreement. Implementation of this program is a
legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the Local Government of its failure to carry out its
approved program, the State may impose sanctions as provided for under 49 CFR Part 26
and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et 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 following assurance: The
contractor, sub - recipient, or sub - contractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -
assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this agreement, which may result in the termination of this agreement or such
other remedy as the recipient deems appropriate.
25. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
AFA- AFA_LongGen Page 11 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389 -02 -045 and
0389.03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to I 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
Programs under Executive Order 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 for participation in Federal 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, suspended, or otherwise excluded
from or ineligible for participation in Federal Assistance Programs under Executive Order
12549. The parties to this contract shall require any party to a subcontract or purchase order
awarded under this contract to certify its eligibility to receive federal funds and, when
requested by the State, to furnish a copy of the certification.
26. 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 paid by or on behalf of the parties
to any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or 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, grants, loans, or cooperative agreements,
the signatory for the Local Government shall complete and submit the Federal Standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
C. The parties shall require that the language of this certification shall be included in the
award documents for all sub - awards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and all sub - recipients shall
certify and disclose accordingly. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
27. Insurance
If this agreement authorizes the Local Government or its contractor to perform any work on
State right of way, before beginning work the entity 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. 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
AFA- AFA_LongGen Page 12 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389 -02 -045 and
0389 -03 -038
District # 12 - Houston
Code -Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Hams County Line to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
right of way shall cease immediately, and the State may recover damages and all costs of
completing the work.
28. Federal Funding Accountability and Transparency Act Requirements
A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part
170, including Appendix A. This agreement is subject to the following award terms:
http: / /www.ar)o.ciov /fdsys /t)ka /FR- 2010- 09- 14/i3df/2010- 22705.r)df and
http: / /www.aoo.aov /fdsys/r)ka/FR- 2010- 09- 14 /pdf /2010 - 22706. pdf.
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM) number
(Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than
$25,000 in Federal funding. The SAM number may be obtained by visiting the SAM
website whose address is: htti)s: / /www.sam.gov /portal /public /SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a
unique nine - character number that allows Federal government to track the distribution
of federal money. The DUNS may be requested free of charge for all businesses and
entities required to do so by visiting the Dun & Bradstreet (D &B) on -line registration
website http: / /fedoov.dnb.com /webform; and
3. Report the total compensation and names of its top five (5) executives to the State if:
i. More than 80% of annual gross revenues are from the Federal government, and
those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the U.S.
Securities and Exchange Commission.
29. Single Audit Report
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-
502, ensuring that the single audit report includes the coverage stipulated in OMB Circular
A -133.
B. If threshold expenditures are met during the Local Government's fiscal year, the Local
Government must submit a Single Audit Report and Management Letter (if applicable) to
TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOTs Audit
Office at http: / /www.txdot.gov/ inside - txdot/office /audittcontact.html. The expenditure
threshold for fiscal years beginning prior to December 31, 2014 is $500,000; the
expenditure threshold for fiscal years beginning on or after December 31, 2014 is
$750,000.
C. If expenditures are less than the threshold during the Local Government's fiscal year, the
Local Government must submit a statement to TxDOTs Audit Office as follows: "We did
not meet the $ expenditure threshold and therefore, are not required to have a
single audit performed for FY "
AFA- AFA_LongGen Page 13 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389 -02 -0455 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
D. 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 no charges have been incurred
within the current fiscal year.
30. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
Date
THE STATE OF TEXAS
Kenneth Stewart
Director of Contract Services
Texas Department of Transportation
Date
AFA- AFA_LongGen Page 14 of 14 Revised 09/11/2014
CSJ # 0912 -72 -307, 0389 -02 -045 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT B
LOCATION MAP SHOWING PROJECT
I4\ t \�. •� C�•y �I �� I
i1 i 1
uX CS) 0169 -02 -045 — e to 1H
SH 146 from Harris County fine to IH 10 ,
losiO912-72-307 I s+
° Garth Rd from IH_ 10 to D_ l r DrS~�
_�
16+: «i+►. L� Soh1
1 '� tw «� n•v 1 ��
0,.,,S ID
OL
.�«
146
r 330
a i 14 d q�� k w-
Baytowr
� ✓psi. � 3
e �
•a I `*a.. �
Attacnment ••ti" , Key Map
CSJ-0912.72.3
GUM Rd ham at to to (tacker Dr
05.1:0350 47340 All
5M 145 from ttsrds County the to at 10
C3,143".03-0
SH 145 barn Messay Tomkhs Rd
to Clmmbers County arm
D"C"Otbn at wank ><
AdgMve Slgnat Coordmatlon
and synchronization
1..
Ml
r —�
CSJ 0389.03 -038
ASH 146 from hAmsey Tomkirls Rd
V I•to Chamber: County fine
107
S
a
Texas
SuD3 f7Cjki71l/leni
01 TransporYat/on
Mites
0 055 1.1
Legend
Project Roads
«.+\+ Highways
Streets
'IS
T DOT
AFA- AFA_LongGen Page 1 of 1 Attachment B
CSJ # 0912 -72 -307, 0389 - 02-045 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to I 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT C
PROJECT BUDGET
Costs will be allocated based on 80% State funding and 20% Local Government funding until the
state funding reaches the maximum obligated amount. The Local Government will then be
responsible for 100% of the costs.
17W. 6040ii Y
otal Estimated
Federal
tats -
Locak
CS'J:OJ4'Z7Z -307 =� ; .
o6
Participation-
Pardci anon*
Partici anon -
f�
ost f
t�
cost -1,
G'arth Roadlfrorrr I H <1 O to
D ckei lbdve� Off S'' stem
-
-
Equipment Purchase
627,000
%
0
0%
$501,600
0%
125,400
b Local Government
Engineering
0
fl%
0
%
ro
%
0
b Local Government)
Construction
1,00
0
%
0
P%
ro
b Local Government)
P%
Subtotal ;"
627,000.
0:: -.
01,600-
- :
125-,400,:
Environmental Direct
0
0%
0
%
0
%
0
State Costs
Engineering Direct State
3,000
irk %
0
0%
$2,400
0%$600
Costs
Construction Direct State
$10,000
%
ro
0%
8,000
F0%
2,000
Costs
Indirect State Costs
$50,160
%
0
100%
50,160
%
0
TOTAL .= - °.:- .
690,160
0,
5662;160
'_ ..
128,000
AFA- AFA_LongGen Page 1 of 3 Attachment C
.CSJ # 0912 -72 -307, 0389 - 02-045 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from I 10 to Decker Dr.,
on SH 146 from Harris County Line to IH 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
Descriptiarr.: : _ -
-otal Estimated.
Federal.
CSJ;= 0389 = 02-045
Cost
Partici ation : : -
artici ation
SH ii& Hm trams :
cost,
ost
County;,Qtieaa1H— d 0. (Om-,
S stem
Equipment Purchase
313,500
%
0
0%
r250,800
0%
$62,706
& Local Government
Engineering
0
%
0
%°
IMO
%
0
(by Local Government)
Construction
0
%
0
%
0
%
0
b Local Government
Subtotal..: -: ::
ai'3;b00
0 :`
-,
_
250,800
62;700.
Environmental Direct
0
%°
0
%
0
%
0
State Costs
Engineering Direct State
1,500
%
0
0%
1,200
0%
300
Costs
Construction Direct State
5,000
%
0
0%
104 ,000
0%
1,000
Costs
Indirect State Costs
25,080
%
0
100%
25,080
%
0
. r- :::,:.
45;080,:
81,080
.
F"
6L4;000
AFA- AFA_LongGen Page 2 of 3 Attachment C
. CSJ # 0912 -72 -307, 0389 - 08-045 and
0389 -03 -038
District # 12 - Houston
Code Chart 64 # 03150
Project: Installation of Adaptive Signal Control
System on Garth Rd. from IH 10 to Decker Dr.,
on SH 146 from Harris County Line to I 10
and on SH 146 from Massey Tompkins Rd. to
Chambers County Line
Federal Highway Administration
CFDA # 20.205
Not Research and Development
IIescriptiorr_ -
otat Estimated :
Federal ._
tate, Participation
cat a;
CSJ. 038 =03 -038:
. 0
Partici�� ation.
Panic anon
/a
SHf t46frorrr Mar�sey.•.
Tompkins, Rd: to C amber
,, :..
Co. Una - rt stem
Equipment Purchase
39,100
%
0
0%
31,280
0%
7,820
b Local Government)
Engineering
0
%
0
%
0
%
0
b Local Government
Construction
%
0
%
0
%
0
b Local Government
Subtotal - .`..::'
9;100.'
a
31.,28.0 °:
, :.
x,820-..
Environmental Direct
%
0
%
0
%
0
State Costs
1200
Engineering Direct State
%
0
0%
160
0%
40
Costs
Construction Direct State
00
%
0
0%
560
0%
140
Costs
Indirect State Costs
,128
%
0
100%
3,128
%
0
TOTAL;
43128 ° -
:.
0' -"
5,12&
.. •_
&;0.00:
ITOTALALL• ..PROJECTS. J$1- ,078,368::' 1 , F575,366 :,. F20U,000 '-J
Initial payment by the Local Government to the State: $940
Payment by the Local Government to the State before construction: $3,140
Estimated total payment by the Local Government to the State $4,080
This is an estimate. The final amount of Local Government participation will be based on actual
costs.
AFA- AFA_LongGen Page 3 of 3 Attachment C