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Ordinance No. 2,2217504 ORDINANCE NO. 2221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HOUSTON-GALVESTON AREA COUNCIL PROVIDING FOR JOINT PARTICIPATION BETWEEN THE CITY AND THE HOUSTON-GALVESTON AREA COUNCIL WITH REGARD TO A SMALL AREA TRANSIT SYSTEM STUDY. 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 approves the contract providing for joint participation between the City of Baytown and Houston - Galveston Area Council with regard to a small area transit system study in Baytown, Texas, and authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to such contract. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this 28th day of April , 1977. TOM GENTRY, Mayor ATTEST:- _. FILEEN P. HALL, City Clerk APPROVED: REL R H S City Attorney 7505 E X H I B I T "A" 7306 INTERGOVERNMENTAL AGREEMENT V.. STATE OF TEXAS X COUNTY OF HARRIS X THIS INTERGOVERNMENTAL AGREEMENT, entered into this 19th day of April 1977 by and between the Houston -Galveston Area Council and the City of Baytown. WITNESSETH WHEREAS, the Houston -Galveston Area Council is designated the Metro- politan Planning Organization for the Gulf Coast State Planning Region by the Governor of the State of Texas; and WHEREAS, the use of funds made available under Section 9 of the Urban mass Transportation Act of 1964, as a=ended, shall be governed by the Houston- Ga'_ve_ston Area Council in accordance with the Urban Mass Trans- oor4ation Administration External Ops. -_ -_4n_- Manual (U11TA 1000.2, Chg. 2, 3-11-74, Chapter III) . NOW, THEREFORE,IT IS HE?= that the Hous to_: -Galveston Area Council and the City of Baytown should enter into an Intereovernmental A r -ement to effectuate the use of Dep r=.ent of T.ansp-� to ion funds. Z5T..TE?,1ENT OF WORK le work which may be undertaken by the City of Baytown includes Work responsible. Work Element 2.2 and the associated Scope of Service is designated as ATTACHI-LENTS A and A-1 respectively and are incorportated within this agreement as the STATEMENT OF WORK. All or any part of the STATEIENT OF WORK may be undertaken upon written request by the Mayor of the City of Baytown a -rid upon receipt of written approval by the Executive Director of the Houston -Galveston Area Council subject to the limitations and requirements of this agreement. AGREEMENT PERIOD The work which may be undertaken by the City of Baytown under Work_ Element 2.2 shall be completed by December 31, 1977, b c_:.r-''_::y upon receipt of written rproval from the Houston -Galveston ."-.: _ _••-i1. Additiona'. time Eienent 2.2 as contained in the Houston -Galveston Area Council's 1977 Unified work Program wherein the City of Baytown is designated as responsible. Work Element 2.2 and the associated Scope of Service is designated as ATTACHI-LENTS A and A-1 respectively and are incorportated within this agreement as the STATEMENT OF WORK. All or any part of the STATEIENT OF WORK may be undertaken upon written request by the Mayor of the City of Baytown a -rid upon receipt of written approval by the Executive Director of the Houston -Galveston Area Council subject to the limitations and requirements of this agreement. AGREEMENT PERIOD The work which may be undertaken by the City of Baytown under Work_ Element 2.2 shall be completed by December 31, 1977, b c_:.r-''_::y upon receipt of written rproval from the Houston -Galveston ."-.: _ _••-i1. Additiona'. time 7507 for work completion may be approved by the Executive Director of the Houston - Galveston Area Council. COMPENSATION On receipt of written approval from the Houston -Galveston Area Council to proceed, the City of Baytown may bill as frequently as monthly and will be reimbursed upon receipt of funds by the Houston -Galveston Area Council from the Urban glass Transportation Administration for 80% of costs incurred based upon the rate of completion of ;vrok Element 2.2. In no case shall total compensation for approved Work Element 2.2 exceed $16,000 from Section 9 funds of the Urban class Transportation Act of 1964, as amended. Billings to the Houston -Galveston Area Council shall specify the percentage of com- pletion of Work Element 2.2 and shall be accompanied by monthly PROGRESS REPORTS describing work completed and specifying costs as re aired in UMTA 1000.2, Chg, 3-11-74. SUBCONTRACTS A. In fulfilling its duties pursuant to this Agreement, the C��y c= Baytown may subcontract with any inl4ividual, corporation, or: -a .izatior., government or governmental subdivision or agenc , partnership, association or other legal entity. B. The City of Baytown agrees to obtain written approval of each sub- contract from the Executive Director of the Houston -Galveston Area Council and the Urban Mass Transportation Administration prior to com- mitting or expending any funds puzrsuant to such subcontract and before the subcontract nay be used as a basis for payment to the City of Baytown under this contract, provided no condition shall be required in any sub- contract unless it is in this contract or specifically approved by the, Houston -Galveston Area Council for inclusion in the subcontract. PROGRESS REPORTS The City of Baytown shall submit monthly progress reports in three copies to the Executive Director of the Houston -Galveston Area Council. She report shall outline work accomplished during the previous month or since the last progress report to include, llbift noz be linited to, the percentage of completion of the overall project and each work phase, special problems or delays encountered or anticipated, changes in estimated 7508 values of each work phase, the anticipated work activities for the next O report period, and a brief description of work accomplished, methodologies used, and conclusions reached, if any, for each task. COORDINATION OF PLANNING The City of Baytown agrees to conform to Work Element 2.2 prescribed by this Agreement to applicable governmental policies for the development of transportation systems in Texas. The preparation of Work Element 2.2 shall be undertaken in concert with the present or future planning designations and responsibilities held by the Houston -Galveston Area Council and other interested agencies or governments. nrrnr Tel mama All data and information developed under this Agre_menr shall be public data and information, and shall be furnished or ::lade available, upon request, to the Houston -Galveston Area Council and other interested and z" fectee agencies, government_ and parties. ::iiA^i ION z. This Agreement may _Cz__.__-=_=d for reasonz ..___r than full per- -forSance by written _-._+weal: both to the Agreement. B. In order to terminate the Agreement for breach of performance, the ya_'-_r claiming `U.e b_eac- the other _ a_ __ written notice of its claim and, unless an agreanent otherwise is reached, termination shall occur on the thirtieth day after receipt of such notice. O. In the event of term n.ati_ t'.- City of Bayto::n shall deliver to Houston -Galveston Area Coi=icil all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs, etc., prepared by the City of Baytown or any of its subcontractors under this Agreement. All such materials shall become the Houston -Galveston Area Council's exclusive property. D. The City of Baytown, on agreement by the parties to this Agreement, shall be entitled to receive just and equitable compensation for any satisfactory vz:k completed on su--n r,a_erizl. E. By delivery of materials upon ttr:.=ns- won, the City oz Baytown shall not be relieved of liability to the Area Council for „ages susta4n_d by the Houston -Gal : _... ..-es Co uncil i virtue of breacr, o= the Agreement by the C` and ouston- _ . the _ of Baytown Will] for the purpose of setoff until such times as the enact amount of damages due the Houston -Galveston Area Council from the City of Baytown is determined. By delivery of materials upon termination, the Houston -Galveston Area Council shall not be relieved of liability to the City of Baytown for damages sustained by the City of Baytown by virtue of any breach of the Agreement by the Houston -Galveston Area Council. TRANSFER OF INTEREST Neither the Houston -Galveston Area Council nor the City of Baytown may assign or transfer its individual interests in this Agreement without the written consent of the other party. The Houston -Galveston Area Council and the City of Baytown each binds itself and its successors to all covenants in this Agreement. Nothing herein is to be construed as creating a personal liability on the part of any officer or agent of any public body which may be a party hereto. !U -I ING ZDDP.ESS t.li notices and communications under this Agreement to be mailed or :elivered to the City of Ba_:�o-.m shall be sent to the address of the City as follows, unless a^.d :til the Houston -Galveston Area Council is otherwise notified: ?•!r . :*ke Weaver Tra::s:)ortation Planner Cit,- of Baytown P. C. Box 424 Baytoa:n, Texas 77520 All notices and communications under this Agreement to be mailed or delivered to the Houston -Galveston Area Council shall be sent to the address of the Council as follows, unless and until the city is other- wise notified: Mr. Royal Hatch Executive Director Houston -Galveston Area Council P. O. Box 22777 Houston., Texas 77027 Any notices and communications required to be given in writing by one z'-r4y to the other shall be considered as having been given to the ;,,:cressee on the date the notice or communication is posted by the sen,ling party. 7510 AMEND.�NTS TO AGREEMENT Subject to the provisions of the Acts administered by the U.S. Department of Transportation, the parties hereto, without invalidating the Agreement, may alter or amend this Agreement upon advance written agreement of the parties. ACKNOWLEDGEMENT OF FINANCIAL SUPPORT The City of Baytown shall acknowledge financial support whenever work funded, in whole or in part, by this Agreement is publicized or reported in any news media or publication. All reports, maps and other documents completed as a part of the Agreement, other than documents prepared exclusively for internal use within the City of Baytown, shall carry the following notation on the front cover or a title page and on the face of maps: Preparation of this report has been financed in part by a grant from the urban Mass Transportation Administration of the U.S. Department of Transportation under the Urban Mass Transportation F,ct of 196-1, as amended. C - LIVING Urban. ?lass Transportation Administration grant conditions require that the Cit. �f Baytown and any subcontractor under the terms of -this Agreement shall comply with applicable regulations and standards of the federal Cost of Living Council in establishing wages and prices. Requisitions submitted by the City of Baytown shall constitute certification that amounts to be Daid under the terms of this Agreement do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations which occur shall be reported to the Houston -Galveston Area Council and the local Internal Revenue Service field office. MINORITY BUSINESS ENTERPRISES The City of Baytown under the terms of this Agreement shall prescribe an affirmative action program for the participation of minority business enterprises in work to be undertaken. Such program shall be consistent with federal policy expressed in Executive Order 11625 to assure that minority business enterprises have the maximlm. practical opportunity to participate in contracting activities. 7511 EQJkL F24PLOYMEENT OPPORTUNITY O In connection with the execution of this Agreement, the City of Baytown roll shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The City of Baytown shall take affirmative actions to insure that applicants are enoloyed, and that employees are treated during their employment, without regard to their race, religion, color, sex or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay, or other forms of compensation; and srlec:.ion for training, including apprenticeship. I: SPECTION OF RECORDS 7:e -`tv of Baytown shall permit the authorized representatives of S. D_— a_Ytment of Transportation and the Comptroller General of the S:ates and/or the Houston -Galveston Area Council to inspect and audit a__ -:rta and records of the City relating to performance under this Agree- �. Such _ca and records shall be __nr-ained by the City of Baytown, _.r Lariod of at least three years '::x the date of completion of the terrrs of this Agreement. - - 1LD :,c a_r:b�r, officer, or employee of the City of Baytown or of the Houston - Ga? -.es o,n plea Council during his tenu=re or one year thereafter shall have R.v in:=Brest, direct of indirect, in this Agreement or the proceeds thereof. =NT-E?EST OF ba:1.3ERS OF OR DELEGATES 10 CONGRESS 14o member of or delegate to the Congress of the United States shall be admitted to any share or part -of this Agreement or to any benefit arising the re f rom. APPROVAL The City of Baytown and the Houston -Galveston Area Council do hereby bind themselves to the faithful performance of the terms of this Agreement. understood that this Agreement shall not become effective all c-�:':ovals required as part of the City of Baytown Charter have �.e receive,, and until approved by the Executive Committee of the Houston- .-_uncil. Such approvals must be obtained prior to the of this Agreement. Attest: W. Pyle,-Difector sical Planning and Development 75-12 The Houston -Galveston Area Council By: vyal Hatch Executive Director R 2 0.197 7 i Date: At- tesr: ane City of Baytown By. _ Tom Gantry Mayor Date: 75.13 Activity I Element 2.2 Transportation Facilities Objective To provide current and constant data relating to vehicle registration, traffic volumes, highway travel, parking and transfer facilities, physical facilities and operational devices for transportation in order to expand the transportation data base. Scope and Methodology SDHPT has conducted traffic volume counts annually for their study area and assembled the data on maps. H -GAC has completed a cordon count of the Houston C.B.D. and all 3-C signatory cities are inventorying their traffic characteristics. An all inclusive highway information data bank for the region will be kept current by normal and special inventories and record updating. Detailed data on all of the physical and opera- tional aspects of the transportation system will be maintained. Local governments will be continually providing inputs to the Statewide Transpor- tation Plan. Various special studies will be conducted under this element such as travel demand, feasibility studies for small area transit and origin - destination studies. These studies will require additions to this element as needed. Products Traffic count maps, files, and reports on special studies. Responsibility H -GAC, H-GRTS and local governmental agencies. W Fundin 75.14 UMTA FHWA STATE LOCAL TOTAL 1977 H -GAC 37,000 37,000 SDHPT 10,000 35,650 45,650 Baytown 16,000 7,500 4, 000 27,500 Galveston 19,500 19,500 15,000 Texas City 15,000 Totals 16,000 89,000 i 35,650 ( 4,000 144,650 1978 16,000 90,000 36,000 4,000 146,000 75.14 75-15 Scope of Services Consultant assistance is sought to aid in all of these efforts. The AM consultant will be required to perform the following tasks: 1. Gather and verify the data necessary to determine person trip volumes for Baytown's two major travel corridors, for current as well as future years. 2. Develop a mode split procedure based upon existing local data. This procedure must be compatible with the techniques being utilized in the long-range planning which is being done by H -GAC and the City of Houston. 3. Icentify major activity centers for purpose of Home Base Work =rio productions and attractions. In particular, the major in: ustries along the Houston Ship Channel. 4. Identify opportunities for introducing line haul transit services. ese opportunities may include but will not be limited to: Provisions of park-and-ride lots ioritr treatment for high occu a%cy vehicles �:anpooling Express linkages between activity centers wtih existing transit companies 5. Ex&::ine the feasibility of these o__o_ounities and the potential use. 6. yd•:ise in the evaluation of improve:=nos that are proposed in the study.