Ordinance No. 4,81270924 -8
ORDINANCE NO. 4812
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
® EXECUTE AND THE CITY CLERK TO ATTEST TO AN
INTERGOVERNMENTAL AGREEMENT WITH THE HOUSTON - GALVESTON
AREA COUNCIL FOR THE PERFORMANCE OF TRANSPORTATION
RELATED PLANNING; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATYOWN,
TEXAS:
Section 1: That the "t1ty Council of the City of Baytown,
Texas, hereby approves and Intergovernmental Agreement with
Houston - Galveston Area Council for the performance of
transportation related planning, and authorizes and directs the
Mayor and City Clerk of the City of Baytown to execute and attest
to said agreement. A copy of said agreement is attached hereto,
marked Exhibit "A," and made a part hereof for all intents and
purposes.
Section 2:
® from _and after
Baytown.
INTRODUCED,
City Council of
September, 1987.
This ordinance s__hall take effect immediately
its passage by the City Council of the City of
READ and PASSED by the affirmative vote of the
the City of Baytown, this the 24th day of
ETT 0. HUTTO, Mayor
ATTEST:
It Z
EILEEN P. HALL, City Clerk
® RANDALL B. STRONG, City orney
C:1:18:12
HOUSTON- GALVESTON AREA COUNCIL
GENERAL CONTRACT PROVISIONS
® This contract and agreement is made and entered into this 15t day of October
19� by and between the Houston - Galveston Area Council, hereinafter re rred
to as H -GAC, having its principal place of business at 3555 Timmons Lane, Suite
500,. Houston, Texas 77027 and the City of Baytowni. ,
Consultant, Contractor or Vendor, hereinafter reterred to as Contractor having
its principal place of business at Baytown, Texas
WITNESSETH:
WHEREAS, H -GAC has entered into an agreement with the Cit of Baytown
on October 1, 1987 , an
WHEREAS, H -GAC hereby engages the Contractor to perform certain services as
hereinafter specified in accordance with the specifications of the Agreement,
and
NOW, THEREFORE, H -GAC and the Contractor do hereby agree as follows:
0 ARTICLE 1 LEGAL AUTHORITY
The Contractor warrants and assures H -GAC that it posseses adequate legal
authority to enter into this Agreement. The contractor's governing body where
applicable has authorized the signatory official(s). to enter into this
Agreement and bind the Contractor to the terms of this Agreement and any
subsequent amendments hereto.
ARTICLE 2 APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in
accordance with all applicable rules, regulations, directives, issuances and
ordinances and laws in effect or promulgated during the term of this Agreement.
ARTICLE 3 INDEPENDENT CONTRACTOR
® The execution. of this Agreement and the rendering of services prescribed by
this Agreement, does not change the independent status of H -GAC or the
Contractor. No provision of this Agreement or act of H -GAC in performance of
the Agreement shall be construed as making the Contractor the agent, servant or
employee of H -GAC, the State of Texas, or the Federal government. Employees
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of the Contractor are subject to the exclusive control and supervision of the
Contractor. Contractor is solely responsible for employee payrolls and claims
arising therefrom.
As an independent contractor, the Contractor agrees to defend and hold harmless
H -GAC, the State of Texas, the federal government and their respective board
® members, officers, agents, officials, and employees from any and all claims,
costs, expenses (including reasonable attorney fees), actions, causes of
action, judgements, and liens to which the Contractor may be a party, or to
which H -GAC may be made a party as a result of any act or omission by the
Contractor under this Agreement or non - performance of this Agreement, or any
law, regulation or matter incorporated herein. Contractor shall notify H -GAC
of the threat of lawsuit or of any actual suit filed against the Contractor.
ARTICLE 4 WHOLE AGREEMENT
The General Provisions, Special Provisions and Attachments, as provided herein,
constitute the complete agreement between the parties hereto, supersedes any
and all oral and written agreements between the parties relating to matters
herein. Except as otherwise provided herein, this Agreement cannot be modified
without written consent of the parties.
ARTICLE 5 SCOPE OF SERVICES
The services to be performed by the Contractor are herewith outlined in the
Special Provisions and Change Orders which are hereby incorporated into and
made a part of this Agreement as if set out word- for -word herein.
ARTICLE 6 REPORTING REQUIREMENTS
Reporting Requirements are set forth in the Special Provisions of this Agree-
ment. If Contractor fails to submit to H -GAC in a timely and satisfactory
manner any report required by this contract, or otherwise fails to satis-
factorily render performances hereunder, H -GAC may withhold payments otherwise
due and owing Contractor hereunder. If H -GAC withholds such payments, it shall
notify Contractor of its decision and the reasons therefore. Payments withheld
pursuant to this paragraph may be held by H -GAC until such time as the
delinquent obligations for which funds are withheld are fulfilled by
Contractor. Contractor's failure to submit timely any report may also be
considered cause for termination of this Agreement.
® ARTICLE 7 PAY14ENTS AND REPAYMENTS
The Contractor agrees that payments are predicated upon properly documented and
verified roofs of performance delivered and costs incurred by the Contractor
in accord �ince with the terms of this Agreement and shall be paid in accordance
with the Compensation Schedule in the Special Provisions.
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ARTICLE 8 NON FUNDING CLAUSE
® Each payment obligation of H -GAC created by this Agreement is conditioned upon
the availability of State or Federal funds appropriated or allocated for the
payment of such obligations. H -GAC shall not be otherwise obligated or liable
for any future payments due or for any damages as a result of interruption of
® payment or termination under this section.
ARTICLE 9 INSURANCE
Contractor shall maintain insurance coverage for work performed or services
rendered under this contract as specified in the Special Provisions. Contractor
will provide evidence of required insurance coverage to the Council prior to
commencing work under this contract.
ARTICLE 10 LIMITATION ON LIABILITY
Contractor understands and agrees that it shall be liable to repay and shall
repay upon demand to H -GAC any amounts determined by H -GAC, its independent
auditors, or any agency of State or Federal government to have been paid in
violation of the terms of this Agreement.
0 ARTICLE 11 SUBCONTRACTS
The Contractor agrees not to subcontract, assign, transfer, convey, sublet or
otherwise dispose of this Agreement or any right, title, obligation or interest
it may have therein to any third party except in accordance with the provisions
as set forth in the Special Provisions or without written prior notification
of such intent to H -GAC which includes full disclosure of particulars and
special assurances that such third party shall comply with the terms and condi-
tions of this Agreement.
Contractor, in subcontracting any of the performances hereunder, expressly
understands that in entering such subcontracts, H -GAC is in no way liable to
Contractor's subcontractor(s).
Contractor shall ensure that the performance rendered under all subcontracts
shall result in compliance with all the terms and provisions of this contract
as if the performance rendered were rendered by Contractor.
® ARTICLE 12 AUDIT
Unless otherwise directed by H -GAC, Contractor shall arrange for the perfor-
mance of a financial and compliance audit of funds recei.ved- under this
contract, subject to the following conditions and limitations:
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(a) Contractor shall have an audit made in accordance with the Single Audit
Act of 1984, P.L. 98 -502 (hereinafter referred to as "Audit Act "), and OMB
® Circular No. A -128, Audit Requirements for State and Local Governments, 50
Fed. Reg. 19114 (May or any of its fiscal years in w c Con-
tractor receives more than $100,000 in Federal financial assistance.
® For purposes of this Section, "Federal financial assistance" means assis-
tance provided by a Federal agency in the form of grants, contracts,
cooperative agreements, loans, loan guarantees, property, interest
subsidies, insurance, or direct appropriations, but does not include direct
Federal cash assistance to individuals. It includes awards received
directly from Federal agencies, or indirectly through other units of State
and local governments.
(b) Contractor shall have an audit made in accordance with the Audit Act and
014B Circular 128, or in accordance with Federal laws and regulations
governing the program, for any fiscal year in which Contractor receives
between $25,000 and $100,000 in Federal financial assistance.
(c) Contractor shall have an audit made in accordance with Federal laws and
regulations governing the program, for any fiscal year in which Contractor
receives less than $25,000 in Federal financial assistance.
(d) Contractors shall, where applicable, comply with OMB A -110, Uniform Admin-
istrative Requirements, Grants and Agreements with Institutions of Higher
E urn, Hospitals, and Other Non Profit Organizations.
® (e) The Contractor shall furnish H -GAC with a copy of the auditor's report and
findings, ie., a statement of findings and questioned costs, report to
management, and report on compliance and internal controls. Additionally,
the Contractor shall furnish a supplementary schedule of expenditures by
active grant program for their fiscal year within 60 days of that fiscal
year -end.
( f ) In addition to such audit or as a part thereof, within 60 days following
the conclusion of a contract issued by the H -GAC or, at the option of the
H -GAC within 60 days following the conclusion of the Contractor's fiscal
year during which a contract was in force, the Contractor shall provide to
the H -GAC a full accounting of state funds expended under the terms of the
contract.
(g) Unless otherwise specifically authorized by the H -GAC in writing, the
Contractor shall submit the report of such audit to the H -GAC no later
than 60 days after the end of the audit period. Audits performed under
this Section are subject to review and resolution by the H -GAC or its
authorized representative.
(h) Notwithstanding Section A, the H -GAC reserves the right to conduct or
® cause to be conducted an independent audit of all funds received under
this contract which may be performed by the local government audit staff,
a certified public accountant firm, or other auditors as designated by the
H -GAC. Such audit will be conducted in accordance with applicable
professional standards and practices.
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(i) Contractor understands and agrees that the Contractor shall be liable to
® the H -GAC for any costs disallowed as a result of audit.
ARTICLE 13 EXAMINATION OF RECORDS
® Contractor shall maintain during the course of the work complete and accurate
records of all of Contractor's costs and documentation of items which are
chargeable to H -GAC under this Agreement. H -GAC shall have the right at any
reasonable time to inspect, copy and audit those records on or off the premises
by authorized representatives of its own or any public accounting firm selected
by it. Failure to provide access to records may be cause for termination of
the contract. The records to be thus maintained and retained by Contractor
shall include (without limitation): (1) personnel and payroll records, includ-
ing social security numbers and labor classifications, accounting for total
time distribution of Contractor's employees working full or part time on the
work., as well as cancelled payroll checks or signed receipts for payroll
payments in cash; (2) invoices for purchases, receiving and issuing documents,
and all other unit inventory records for Contractor's stocks or capital items;
and (3) paid invoices and cancelled checks for materials purchased and for
subcontractor's and any other third parties' charges.
The Contractor further agrees to include in all its subcontracts permissible
pursuant to Article 11 hereof, a provision to the effect that the
subcontractor agrees that H -GAC, duly authorized representatives, shall, until
the expiration of three (3) years after final payment under the subcontract or
® until all audit findings have been resolved, have access to and the right to
examine any directly pertinent books, documents, papers, invoices and records
to such subcontractor involving transactions relating to the subcontract.
ARTICLE 14 RETENTION OF RECORDS
The Contractor shall maintain all records pertinent to this agreement, includ-
ing but not limited to those records enumerated in Article 13, and all other
financial, statistical, property, participant records, and supporting
documentation for a period of no less than three (3) calendar years from the
date of acceptance of the final contract closeout and until any outstanding
litigation, audit or claim has been resolved.
ARTICLE 15 CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this contract which
are required by changes in Federal law or regulations are automatically incor-
porated into this Agreement without written amendment hereto, and shall become
effective on the date designated by such law or regulation.
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H -GAC may, from time to time, require changes in the scope of the services of
the Contractor to be performed hereunder. Such changes that are mutually
® agreed upon by and between H -GAC and the Contractor in writing shall be
incorporated into this Agreement.
® ARTICLE 16 TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated under the
following circumstances:
A. Convenience
H -GAC may terminate the Agreement in whole or in part without cause at any
time by written notice by certified mail to the Contractor whenever for
any reason H -GAC determines that such termination is in the best interest
of H -GAC. Upon receipt of notice of termination, all services hereunder
of the Contractor and its employees and subcontractors shall cease to the
extent specified in the notice of termination. In the event of termination
in whole, the Contractor shall prepare a final invoice within 30 days of
such termination reflecting the services actually performed pursuant to
the Agreement and to the satisfaction of the Executive Director or his
designee which has not appeared on any prior invoice. H -GAC agrees to pay
the Contractor, in accordance with the terms of the Agreement, for services
actually performed . and accruing to the benefit of H -GAC compensation
previously paid.
® The Contractor may cancel or terminate this Agreement upon thirty (30) days
written notice by certified mail to H -GAC. The Contractor may not give
notice of cancellation after it has received notice of default from H -GAC.
In the event of such termination prior to completion of the contract
provided for herein, H -GAC agrees to pay services herein specified on a
prorated basis for work actually performed and invoiced in accordance with
the terms of this Agreement, less payment of any compensation previously
paid.
B. Default
H -GAC may, by written notice of default to the Contractor, terminate the
whole or any part of the Agreement in any one of the following circum-
stances:
v
(1, ) If the Contractor fails to perform the services herein specified
within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this
Agreement for any reason whatsoever, or so fails to make progress or
so violates the Agreement in a manner which significantly endangers
substantial performance of the Agreement or completion of -the services
herein specified within a reasonable time, and in either of these two
9/9/87- -0236F
6
instances does not cure such failure within a period of ten (10) days
(or such longer period of time as may be authorized by H -GAC in
writing) after receiving written notice by certified mail of default
from H -GAC.
In the event of such termination, all services of the Contractor and its
® employees and subconsultants shall cease and the Contractor shall prepare
a final invoice reflecting the services actually performed pursuant to the
Agreement and to the satisfaction of the Executive Director of H -GAC or
his designee which has not appeared on any prior invoice. H -GAC agrees to
pay the Contractor, in accordance with the terms of this Agreement, for
services actually performed and accruing to the benefit of H -GAC as
reflected on said invoices, less payment of any compensation previously
paid and less any costs or damages incurred by H -GAC as a result of such
default, including an amount agreed to in writing by H -GAC and the
Contractor to be necessary to complete the services herein specified, in
addition to that which would have been required had the Contractor
completed the services herein specified as required herein.
ARTICLE 17 SEVERABILITY
All parties agree that should any provision of this Agreement be determined to
be invalid or unenforceable, such determination shall not effect any other
term of this Agreement, which shall continue in full force and effect.
ARTICLE 18 OWNERSHIP OF 14ATERIALS
All maps, data, reports, research, etc., developed by the Contractor as a part
of its work under this Agreement shall become the property of the H -GAC upon
completion of this Agreement, or in the event of termination or cancellation
hereof, at the time of payment under ARTICLE 7 for work performed. Al such
data and material shall be furnished to H -GAC on request.
ARTICLE 19 FORCE 14AJEURE
To the extent that either party to this Agreement shall be wholly or partially
prevented from the performance within the term specified of any obligation or
duty placed on such party by reason of or through strikes, stoppage of labor,
riot, fire, flood, acts of war, insurrection, accident, order of any court,
act of God, or specific cause reasonably beyond the parties' control and not
attributable to its neglect or nonfeasance, in such event, the time for the
performance of such obligation or duty shall be suspended until such disability
® to perform is removed. Determination of force majeure shall rest solely with
the H -GAC.
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ARTICLE 20 NON - DISCRIMINATION AND EQUAL OPPORTUNITY
® The Contractor will not discriminate, directly or indirectly, against any
employee or applicant for employment because of race, color, religion, sex,
age, political affiliation, national origin, or handicap. The Contractor will
take affirmative action to insure that applicants are employed, and that
employees are treated during employment, without regard to their race, creed,
color, or national origin. Such action shall include, but not be limited to
the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay of other forms of
compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this equal
opportunity clause.
ARTICLE 21 AFFIPHATIVE ACTION PLAN
It is further agreed that the Contractor shall develop a written affirmative
action compliance program for each of its estavblishments, unless the Contract
or subcontract is exempt. the contractor's program shall provide in detail
the specific steps to guarantee equal opportunity employment keyed to the
problems and needs of members of minority groups, including, when there are
deficiencies, the development of specific goals and time tables for the prompt
achievement of full and equal employment opportunity. Each Contractor shall
include in his affirmative action compliance program a job classification
table. This table should include, but need not be limited to, job titles,
® principal duties, rates of pay, and where more than one rate of pay applies,
the applicabhle rate. The affirmative action compliance program shall be
signed by an executive official of the Contractor.
ARTICLE 22 CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractors, no member
of the governing body, and no other public officials of the governing body of
the locality or localities in which the project is situated or being carried
out who exercise any functions or responsibilities in the review or approval
of this project, shall participate in any .decision relating to this Agreement
which affects his or her personal interest, or have any personal or pecuniary
interest, direct or indirect, in this Agreement.
ARTICLE 23 POLITICAL ACTIVITY; LOBBYING
No funds provided under this Agreement may be used in any way to attempt to
influence in any manner a member of Congress to favor or oppose any legislation
or appropriation by Congress, or for lobbying with State or local legislators.
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ARTICLE 24 SECTARIAN INVOLVEMENT PROHIBITED
Contractor shall ensure that no funds under this contract are used, either
directly or indirectly, in the support of any religious or anti - religious
activity, worship, or instruction.
ARTICLE 25 CRIMINAL PROVISIONS AND SANCTIONS
The Contractor assures that it will perform the Agreement activities in con-
formance with safeguards against fraud and abuse as set forth by the H -GAC,
the State of Texas, the Acts and Regulations of the funding entity. The
Contractor agrees to promptly notify H -GAC of suspected fraud, abuse or other
criminal activity through filing of a written report within twenty -four (24)
hours of knowledge thereof. Contractor's assurance of on -site medical and
accident insurance does not relieve Contractor of the duty to notify H -GAC of
any accident or incident requiring medical attention within twenty -four (24)
hours of such occurrence. Theft or willful damage to property on loan to
Contractor shall be reported to local law enforcement agencies and H -GAC within
two (2) hours of discovery of any such act.
The Contractor further agrees to cooperate fully with H -GAC, local law enforce-
ment agencies, the State of Texas, the Federal Bureau of Investigation and any
other duly authorized investigative unit in carrying out a full investigation
of all such incidents.
ARTICLE 26 TITLES NOT RESTRICTIVE
The titles assigned to the various section of this Agreement are for conveni-
ence only and are generally descriptive of the matters following. Titles shall
not be considered restrictive of the subject matter of any section, or part of
this Agreement.
ARTICLE 27 ACKNOWLEDGEMENT OF FUNDING SOURCE
The Contractor shall give credit to H -GAC as the funding source in all oral
presentations, written documents, publicity, and advertisement regarding any
activities which ensue from this Agreement.
ARTICLE 28 DISPUTES
Any and all disputes
Agreement which are
Executive Director of
writing and provide
Executive Director or
9/9/87- -0236F
concerning questions of fact or of law arising under this
not disposed of by agreement shall be decided by the
H -GAC or his designee, who shall reduce his decision to
notice thereof to the Contractor. The decision of the
his designee shall be final and conclusive unless, within
9
thirty (30) days from the date of receipt of such copy, the Contractor requests
a rehearing from the Executive Director of H -GAC. In connection with any
rehearing under this Article I, the Contractor shall be afforded an opportunity
to be heard and offer evidence in support of its position. The decision of the
Executive Director after any such rehearing shall be final and conclusive.
Pending final decision of a dispute hereunder, the Contractor shall proceed
® diligently with the performance of the Agreement and in accordance with H -CAC's
final decision.
ARTICLE 29 VENUE
Venue and jurisdiction of any suit, or cause of action arising under or in
connection with the Agreement shall lie exclusively in Harris County, Texas.
H -GAC and the Contractor have executed the agreement as of the date first
written above.
HOUSTON -GALVE ON AREA COUNCIL
Signature
Name Jack Steele
® Title Executive Director
U
L`
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Date September 14. 1987
ACCEPTED BY:
Contractor
Signature _
Name
Ti tl e
Date
SPECIAL PROVISION CATEGORIES
1 Scope of Services, Budget and Fringe Benefit Rate Summary
® 2 Period of Performance
3 Compensation Schedule
4 Reporting Requirements
5 Notification
v
6 Subcontracts
7 Amendments
8 Acknowledgement of Financial Support and Disclaimer
9 Property
10 Ownership of Materials and Copyrights
11 Title VI Assurance
12 Disadvantaged Business Enterprise
13 Clean Air and Water Certification
14 Energy Efficiency
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5. NOTIFICATION
® All notices and communications under this Agreement to be mailed or delivered
to H -GAC shall be sent to the Council's Project Manager at the address of the
Council as follows, unless and until the Contractor is otherwise notified:
® Mr. Alan C. Clark
Transportation Manager
Houston- Galveston Area Council
P. 0. Box 22777
Houston, Texas 77227
All notices and communications under this Agreement to be mailed or delivered
to the Contractor shall be sent to the address of the Contractor as follows,
unless and until H -GAC is otherwise notified:
Any notices and communications required to be given in writing by one party to
the other shall be considered as having been given to the addressee on the date
the notice or communication is posted by the sending party.
6. SUBCONTRACTS
A. In fulfilling its duties pursuant to this Agreement, the Contractor may sub-
contract with any individual, corporation, organization, government or
governmental subdivision or agency, partnership, association or other legal
entity. The procurement of subcontractor services shall conform to OMB
Circular A -87 guidelines.
B. The Contractor agrees to obtain written approval of each subcontract from
the Project Manager of H -GAC prior to committing or expending any funds
pursuant to such subcontract and before the subcontract may be used as a
basis for payment to the Contractor under this Agreement. No condition
shall be required in any subcontract unless it is in this Agreement or
specifically approved by H -GAC for inclusion in the subcontract.
7. AMENDMENTS 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;
except where this Agreement is affected by an amendment to the 1987 -1988
Unified Planning Work Program through an- action -of the Transportation Planning
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9/10/87- - -381T
1. SCOPE OF SERVICES, BUDGET AND FRINGE BENEFIT RATE SUMMARY
is
See ATTACHMENT A.
2. PERIOD OF PERFORMANCE
® The work to be undertaken by the Contractor shall begin within seven (7) days
after receipt of a written Notice to Proceed and shall be completed by October
1, 1988. Additional time for work completion may be approved, upon written
request thirty (30) days prior to the completion date as established above to
the Project Director of H -GAC.
3. COMPENSATION SCHEDULE
The Contractor may bill as frequently as monthly and will be reimbursed upon
approval of billings by H -GAC. 100% of allowable costs incurred in the execu-
tion of approved work tasks, as shown in Special Provision 1 Scope of Services,
will be reimbursed.
E
v
In no case shall total compensation for approved work tasks exceed �26,250
from Section 112 of the Federal Aid Highway Act of 1973, as amended. Billings
to H -GAC shall specify costs as required under OMB Circular A -87 and be accom-
panied by a summary showing:
- the percentage of conpletion of each work task
- a comparison of budgeted versus actual costs by work task and the total
contract
- a sunmary of costs incurred by subcontractors
Upon satisfactory completion of the Scope of Services as shown in Special
Provision 1, any unexpended funds shall be reverted to H -GAC for future
programming.
4. REPORTING REQUIREMENTS
The Contractor shall submit quarterly progress reports in three copies to the
Project Manager of H -GAC no later than fifteen (15) days following the end of
the quarter. The report shall outline work accomplished during the previous
quarter and shall include, but not be limited to, the percentage of completion
of the overall project and each work task, the percentage of funds expended
for each task, subcontract work (if appropriate), a discussion of special
problems or delays encountered or anticipated, changes in estimated values of
each work task, the anticipated work activities for the next report period,
and a brief description of work accomplished, methodologies
used, and conclusions reached, if any, for each task.
9/10/87- - -381T
Committee, H -GAC shall notify the Contractor in writing of the effects of said
amendment upon this Agreement, and this Agreement shall be deemed amended upon
receipt of such a notification.
® 8. ACKNOWLEDGEMENT OF FINANCIAL SUPPORT AND DISCLAIMER
The Contractor 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 part of the
Agreement, other than documents prepared exclusively for internal use within
the Contractor, shall carry the following notation of 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
Federal Highway Administration of the U.S. Department of Transportation
under the Federal Aid Highway Act of 1973, as amended.
Each report prepared by the Contractor shall also include the following dis-
claimer:
r_1
U
"The contents of this report reflect the views of the consultant, who is
responsible for the facts and the accuracy of the data presented herein.
The contents do not necessarily reflect the official views or policies
of the Federal Highway Administration or the Houston - Galveston Area
Council. This report does not constitute a standard, specification, or
regulation."
9. PROPERTY
H -GAC may deliver to the Contra,
certain property at times and 1
parties hereto. Title to pro
Section 112 PL funds shall ve .
agreed that the Contractor sha
perform inventories annually,
adequate safe guards to prevent
accordance with sound industrial
tor, for use in connection with this Contract,
)cations to be subsequently established by the
)erty costing $300 or more acquired by FHWA
t in H -GAC upon acquisition. It is further
1 maintain adequate property control records,
provide adequate maintenance, and establish
loss, damage, or theft to any such property in
practice.
Unless otherwise provided in this contract, the Contractor, upon delivery or
acquisition of any such property, assumes the risk of and shall be responsible
for, any loss thereof or damage thereto, except for reasonable wear and tear,
and except to the extent that such property is consumed in the performance of
this contract.
The Contractor shall, upon completion of this contract or where there is other-
wise no longer a need for such property, give written notice to H -GAC within
ten (10) days to such effect. It is further agreed that upon receipt by H -GAC
of such written notice, H -GAC shall issue instructions as to the continued use
or disposition of such property to the Contractor pursuant to applicable
federal regulations as outlined in OMB Circular A -102.
9/10/87- - -381T
In no case shall the Contractor sell, trade -in or otherwise dispose of equip-
ment or property costing $300 or more acquired by Section 112 PL funds without
the written consent of H -GAC.
Property acquired with FHWA Section 112 funds which has been delivered to the
® Contractor is documented in ATTACHMENT B.
10. OWNERSHIP OF MATERIALS AND COPYRIGHTS
All maps, data, reports, research, graphic presentation materials, computer
programs or routines developed by the Contractor as part of its work under this
Contract shall become the property of the H -GAC upon completion of this
Contract, or in the event of termination or cancellation hereof, at the time
of payment for work performed. All such data and material shall be furnished
to H -GAC on request. H -GAC and the Federal Highway Administration shall have
the royalty-free nonexclusive and irrevocable right to reproduce, publish and
otherwise use, and to authorize others to use for Government purposes any of
the materials developed by the CONTRACTOR as part of its work under this
contract.
11. TITLE VI ASSURANCE
The CONTRACTOR will comply and will assure the compliance by subcontractors
under this Project with all the requirements imposed by Title VI of the Civil
Rights Act of 1964 (49 U.S.C., 2000d), and the regulations of the Department
of Transportation issued thereunder, 49 CFR Part 21.
12. DISADVANTAGED BUSINESS ENTERPRISES
Under the terms of this AGREEMENT the CONTRACTOR shall prescribe an affirmative
action program for the participation of disadvantaged business enterprises in
work to be undertaken. Such program shall be consistent with federal policy
expressed in Executive Order 11625 and supplemented by UMTA Circular 1165.1,
March 1, 1978, to assure that disadvantaged business enterprises have the maxi-
mum practical opportunity to participate in contracting activities.
The CONTRACTOR shall be responsible for meeting the applicable regulations
regarding participation by minority business enterprises (MBE) in Department
of Transportation programs set forth at 49 CFR Part 23, 45 F.R. 21172 et. seq.,
March 31, 1980, or any revision or supplement thereto. Pursuant to the
requirements of 49 CFR 23.43, the following clauses must be adhered to by the
CONTRACTOR.
a) Minority Business Enterprises, as defined in 49 CFR Part 23 shall have the
® maximum opportunity to participate in the performance of contracts financed
in whole or in part with Federal funds under this AGREEMENT. Consequently,
the MBE requirements of 49 CFR Part 23 apply to this AGREEMENT.
9/10/87- - -381T
r:
b) The CONTRACTOR and its subcontractors will ensure that Minority Business
Enterprises as defined in 49 CFR Part 23 have the maximum opportunity to
participate in the performance of contracts and subcontracts financed in
whole or in part with Federal funds provided under this AGREEMENT. In this
regard the CONTRACTOR shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that minority business enterprises
have the maximum opportunity to compete for and perform contracts. The
CONTRACTOR shall not discriminate on the basis of race, color, national
origin or sex in the award and performance of DOT- assisted contracts.
13. CLEAN AIR AND WATER CERTIFICATION
The CONTRACTOR agrees- -
(1) To comply with all the requirements
(42 U.S.C. 7414) and section 308 of
relating to inspection, monitoring,
well as other requirements specified
Air Act and the Water Act, and all
implement those acts before the award
of section 114 of the Clean Air Act
the Clean Water Act ( 33 U.S.C. 1318 )
entry, reports,, and information, as
in section 114 and section 308 of the
regulations and guidelines issued to
of this contract;
(2) That no portion of the work required by this prime contract will be
performed in a facility listed on the Environmental Protection Agency List
of Violating Facilities on the date when this contract was awarded unless
and until the EPA eliminates the name of the facility from the listing; .
(3) To use best efforts to comply with clean air standards and clean water
standards at the facility in which the contract is being performed; and
(4) To insert the substance of this clause into any nonexempt subcontract,
including this subparagraph (4). (52.223 -2 FAR OCT 1975)
14. ENERGY EFFICIENCY
The Texas State Energy Conservation Plan submitted
Policy and Conservation Act (Public Law 94 -153) is
under all contracts issued within the State of Texa s
is provided.
9/10/87- - -381T
in response to the Energy
required to be followed
where government funding
v
ATTACHMENT A
SCOPE OF SERVICES
BUDGET
FRINGE BENEFIT RATE SUMMARY
:7
UPWP
PLANNED SCOPE OF WORK
October 1, 1987 - September 30, 1988
The subcontractor, the City of Baytown, shall perform, at a minimum, the
following tasks. Any major deviations from this plan will be made with the
knowledge and assent of H -GAC. Reports on progress of the work shall be
made quarterly.
1. Conduct hourly traffic counts for 24 -hour periods at locations in the
SDHPT Roadway Inventory File as indicated in Exhibit A. All traffic
data will be indexed by the SDHPT Roadway Inventory code and section
number and transmitted to H -GAC by floppy disk upon completion.
2. An update of the Baytown General Study will be prepared and delivered
to H -GAC and H -GRTS during the second quarter of the fiscal year.
This update includes data on land use, office space, building permits
and population.
3. Conduct an annual census of major employers in the area to monitor the
employment base. This census is conducted in January, and the report
will be delivered to H -GAC and H -GRTS by the end of the quarter.
® 4. A record of the building permits and construction starts within the
city limits will be maintained on an ongoing basis. Copies will be
sent to the Houston Chamber of Commerce on a monthly basis for use in
the county compilation.
S. Continue association and cooperation with various interagency
committees under the auspices of H -GAC. This includes the provision
of information for the annual TIP, meetings with the Interagency Data
Base Task Force and TEDA.
6. Continue efforts to coordinate the promotion of TSM's. This will
include the promotion of public transit and the encouragement and
monitoring of van pools, car pools and bicycling.
E
v
E
E
SUMMARY OF FRINGE BENEFITS
BASED ON THE AVERAGE SALARY
Average Salary
Social Security
TMRS Retirement
Insurance
Worker's Compensation
Holidays
Sick Leave
Vacation
TOTAL FRINGE BENEFITS
% OF FRINGE BENEFITS
TOTAL ANNUAL COST
IN THE 1987 BUDGET
$21,210.00 x .0715
21,210.00 x .0866
173.12 x 12
70.05 x 12
81.58 x 8
81.58 x 15
81.58 x 10
All City Employees
$21,210.00
1,516.52
1,836.79
2,077.44
840.60
652.64
1,223.70
815.80
$8,963.49
42.26%
$30,173.49
All calculations based on 260 working days per year with no overtime.
® SECTION 112
ESTIMATE OF EXPENDITURES
® October 1, 1987 - September 30, 1988
All expenditures under 2.1
Labor: $16,730.00
Labor Additive @ 42.26% 7070.00
Office Supplies: 50.00
Minor Tools: 500.00
Travel & Reimbursable: 1,800.00
Education & Training: 100.00
TOTAL: $26,250.00
v
KI
7
®
CITY
OF BAYTOWN
PROPOSED TRAFFIC COUNTS 1987 -1988
TYPE
STREET NAME
LOCATION
STREET
SECTION
COUNT
- - - - -=
CODE
- - --
NUMBER
- - - --
- --
T
--------------- -
AIRHART DR.
- - - -- ---------------------------=---
SOUTH OF DECKER DR.
11001
1
Between Decker Dr. & Park St.
T
AIRHART DR.
SOUTH OF TEXAS AVE.
11001
2
Between Lynchburg Rd. & Clyde Dr.
T
ALEXANDER DR. S.
WEST OF S.H. 146
11004
1
Between S.H. 146 & Briarwood St.
T
BAKER RD.
EAST OF BAYWAY DR.
11010
1
East of Bayway Dr.
D
BAKER RD.
EAST OF DECKER DR.
11010
2
Between Decker Dr. & Ponderosa Dr.
D
BAKER RD.
WEST OF GARTH RD.
11010
2
Between Garth Rd. & Bush Rd.
D
BAKER RD.
WEST OF N. MAIN ST.
11010
3
Between N. Main St. & Sterling H.S.
T
BARKUL00
NORTH OF MASSEY- TOMPKINS RD.
Between Massey -T. & Briarcreek Dr.
T
BAYWAY DR.
NORTH OF DECKER DR.
11015
1
Between Lynchburg -CB & Decker Dr.
T
BAYWAY DR.
SOUTH OF HONEYSUCKLE DR.
11015
2
South of Honeysuckle Dr.
T
BAYWAY DR.
SOUTH OF SCHRECK AVE.
11015
4
South of Schreck Ave.
T
BAYWAY DR.
SOUTH OF PARK ST.
110.15
5
South of Park St.
T
BAYWAY DR.
SOUTH OF SAN JACINTO ST.
11015
6
Between Baytown Ave. & Market St.
T
BOB SMITH RD.
EAST OF N. MAIN ST.
11017
1
East of N. Main St.
T
BUSH RD.
NORTH OF BAKER RD.
North of Baker Rd.
T
CEDAR BAYOU RD.
EAST OF NOLAN RD.
11023
1
East of Nolan Rd.
®
T
CROSBY -CEDAR BAYOU RD. NORTH OF S.H.146
11029
4
Between entrances to Mi Casa Apts.
n
Exhibit A - p.l
v
Exhibit A - p.2
CITY
OF BAYTOWN PROPOSED TRAFFIC COUNTS 1987 -1988
TYPE
STREET NAME
LOCATION
STREET
SECTION
®
COUNT
CODE
NUMBER
D
DECKER DR.
SOUTH OF INTERSTATE 10
11042
2
At Spring Gully
D
DECKER DR.
NORTH OF WADE RD.
11042
3
North of R.R. Track
D
DECKER DR.
NORTH OF BAKER RD.
11042
4
North of Baker Rd.
D
DECKER DR.
SOUTH OF FAIRWAY DR.
11042
5
South of Fairway Dr.
D
DECKER DR.
SOUTH OF AIRHART DR.
11042
6
South of Airhart Dr.
D
DECKER DR.
NORTH OF PARK ST.
11042
6
North of Park St.
D
DECKER DR.
NORTH OF GARTH RD.
11042
7
At Goose Creek Bridge
D
DECKER DR.
SOUTH OF GARTH RD.
11042
8
South of Memorial Dr.
D
DEFEE AVE.- STERLING
WEST OF PRUETT ST.
11043
1
Between Felton St. & Pruett St.
D
DEFEE AVE.- STERLING
WEST OF N. MAIN ST.
11043
2
Between N. Main St. & Commerce St.
D
DEFEE AVE.- STERLING
EAST OF N. MAIN ST.
11043
3
Between N. Main St. & First St.
D
DEFEE AVE.- STERLING
WEST OF S.H. 146
11043
4
Between Seventh St. & Lafayette Dr.
D
GARTH RD.
SOUTH OF I -10
11080
2
Between I -10 & 1st Entrance to Mall
D
GARTH RD.
NORTH OF ARCHER RD.
11080
2
At North End of Guardrail
D
GARTH RD.
NORTH OF LYNCHBURG -CEDAR BAYOU RD.
11080
2
North of Lynchburg -Ced Byo Rd.
D
GARTH RD.
NORTH OF BAKER RD.
11080
3
North of Willowcreek Driveways
D
GARTH RD.
NORTH OF ROLLINGBROOK DR.
11080
4
North of Burnett Place Driveways
D
GARTH RD.
SOUTH OF ROLLINGBROOK DR.
11080
4
Between Randall's & Trestles Apts.
D
GARTH RD.
NORTH OF DECKER DR.
11080
5
North of Kinney Shoes Driveway
®
v
Exhibit A - p.2
®
CITY
OF BAYTOWN
PROPOSED TRAFFIC COUNTS 1987 -1988
TYPE
STREET NAME
LOCATION
STREET
SECTION
®
COUNT
CODE
NUMBER
T
JAMES AVE. E.
WEST OF DWINNELL DR.
11100
2
West of Dwinnell Dr.
T
KILGORE RD.
NORTH OF WARD RD.
11110
1
North of Ward Rd.
T
KILGORE RD.
SOUTH OF WARD RD.
11110
2
At Drainage Ditch
D
LOOP 201
SOUTH OF MISSOURI ST.
11045
1
South of Missouri St.
D
LOOP 201
NORTH OF MISSOURI ST.
11045
1
North of Missouri St.
D
LOOP 201
SOUTH OF TEXAS AVE.
11045
3
At DPS
D
LOOP 201
SOUTH OF DECKER DR.
11045
4
Between Dorris St. & Decker Dr.
D
MAIN ST. N.
NORTH OF CRAIG ST.
11131
2
North of Craig St.
D
MAIN ST. N.
NORTH OF ROLLINGBROOK DR.
11131
3
At Interior Connection
D
MAIN ST. N.
SOUTH OF ROLLINGBROOK DR.
11131
3
Between Rollingbrook & Ron Craft
T
MAIN ST. N.
NORTH OF WARD RD.
11131
5
Between Dyer Ave. & Hafer Ave.
T
MAIN ST. N.
NORTH OF JACK AVE.
11131
5
At R.R. Tract
T
MAIN ST. S.
SOUTH OF REPUBLIC AVE.
11132
1
South of Republic
T
MAIN ST. W.
EAST OF LEE DR.
11133
1
At Old City Hall
T
MAIN ST. W.
AT GOOSE CREEK BRIDGE -
11133
2
West Side of Goose Creek Bridge
T
MAIN ST. W.
EAST OF NEW JERSEY
11133
3
East of New Jersey
T
MARKET ST.
AT CITY HALL
11135
2
Between Driveways
®
T
MASSEY - TOMPKINS
EAST OF BARKUL00 RD:
11136
1
Between Barkuloo Rd. & Chaparral Dr.
T
MASSEY - TOMPKINS
EAST OF CEDAR BAYOU- CROSBY RD.
11136
2
At Bra -Mor
Exhibit A - p.3
® CITY OF BAYTOWN PROPOSED TRAFFIC COUNTS 1987 -1988
Exhibit A - p.4
TYPE
STREET NAME
LOCATION
STREET
SECTION
COUNT
CODE
NUMBER
®
T
PARK ST.
WEST OF AIRHART DR.
11160
1
Between parking areas & Best Western
T
PARK ST.
EAST OF DECKER DR.
11160
2
At Water Tower
T
PARK ST.
WEST OF MEMORIAL DR.
11160
2
Between Garth Rd. & Memorial Dr.
T
PARK ST.
WEST OF JONES ST.
11160
2
East side of Baylor St.
T
PARK ST.
WEST OF N. MAIN ST.
11160
2
Between N. Main St. & State St.
T
PRUETT ST.
AT LOOP 201
11169
1
At edge of construction
T
PRUETT ST.
SOUTH OF PARK ST.
11169
2
Between Francis Ave. & Homan Ave.
T
PRUETT ST.
SOUTH OF LOBIT ST.
11169
3
Between Lobit Ave. & Jack Ave.
T
PRUETT ST.
NORTH OF WEST MAIN ST.
11169
5
T
RACCOON
NORTH OF 1ASSEY- TOMPKINS RD.
At Bridge over Cary Bayou
D
ROLLINGBROOK DR.
WEST OF GARTH RD.
09002
1
At Goose Creek bridge
D
ROLLINGBROOK DR.
EAST OF GARTH RD.
09002
2
Bet. driveways to shop.ctr. & apts.
T
SH 146
SOUTH OF MASSEY - TOMPKINS RD.
11186
lA
Bet. Ferry Rd.North & Ferry Rd.South
D
SH 146
NORTH OF WARD RD.
11186
3
Between Ward Rd. & Pleasant Dr.
D
SH 146
SOUTH OF WARD RD.
11186
4
Between Ward Rd. & Peggy Ave.
D
SH 146
EAST OF LEE DR.
11186
7
At guardrail West of S. Main St.
D
SH 146
EAST OF TUNNEL
At guardrail
T
SPUR 55
EAST OF TRI CITY BEACH RD.
09015
1
At West end of bridge
®
D
WARD RD.
AT SPRR
11233
1
Between driveway to M.H.Park & SPRR
T
WARD RD.
EAST OF AMY DR.
11233
3
Between Amy Dr. & Clayton Dr.
Exhibit A - p.4
E
ATTAGHM1F -NT B
COMPUTER EQUIPMENT INVENTORY
L�
r
L_J
C
CITY OF BAYTOWN
PO BOX 424
BAYTOWN, TEXAS 77520
PURCHASE
DATE EQUIPMENT DESCRIPTION
10/83 SYSTEM UNIT W /TWO DISK DRIVES
VIDEO MONITOR
OKIDATA 83A PRINTER W /OKIGRAPH I
KEYBOARD
192K RAM EXPANSION KIT
3 PLANE GRAPHICS BOARD
LOTUS 123
MANAGER II -THE INTEGRATOR
MS DOS 1.25
MS BASIC
QTY SERIAL NUMBER COST
1 0564116081
$2,370
1 3240046
$255
1 155979
$626
1 15056
1
$471
1
$250
1
$370
1
$200
1
$60
1
$60