Ordinance No. 7,973 970508-3
ORDINANCE NO. 7973
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AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
li TO EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR THE REHABILITATION OF MARKET STREET
FROM WISCONSIN STREET TO A LOCATION 500 FEET EAST OF WEST
MAIN STREET; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN,
THE SUM OF ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS
($150,000.00); 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 of the City of Baytown to execute and attest to a contract with the Texas
Department of Transportation for the rehabilitation of Market Street from Wisconsin Street to 500
feet east of West Main Street. A copy of said contract 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 of the sum of ONE HUNDRED FIFTY THOUSAND AND NO/100
DOLLARS ($150,000.00), pursuant to the contract.
Section 3: That pursuant to the provisions of Texas Local Government Code Annotated
§ 252.048, the City Manager is hereby granted general authority to approve any change order
involving a decrease or an increase in costs of FIFTEEN THOUSAND AND NO/100 DOLLARS
($15,000.00) or less, subject to the provision that the original contract price may not be increased
by more than twenty-five (25%) or decreased by more than twenty-five (25%) percent without the
consent of the contractor to such decrease.
Section 4: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
of Baytown this the 8" day of May, 1997.
PETE C. ALFAM6, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
® APPROVED AS TO FORM:
. C�4'�4'_o "4 '9ol/ —
<GKACIO RAMIREZ, SAJity Attorney
c:kIh3McounciIkordinances\TxD0"rAgreementMarketStreet.Ordinance
WUN I Y Harris
CSJ 0912-71-553
PROJECT CUS 912-71-553
ROAD/STREET Market Street
In Baytown
THE STATE OF TEXAS § CITY ORIGMAL
THE COUNTY OF TRAVIS §
AGREEMENT
URBAN STREET PROGRAM
THIS AGREEMENT, is made by and between the State of Texas, acting by and
through the Texas Department of Transportation, hereinafter called the "State" and the
City of Baytown, hereinafter called the "City."
WITNESSETH
WHEREAS, as shown in Exhibits "1 " and "2" and "3", Texas Transportation
Commission Minute Orders 104479, 104774, and 105322 established a program to
assist local governments in major urbanized areas in rebuilding streets functionally
classified as "collector" or higher; and
WHEREAS, as shown in Exhibit "4", Minute Order 106713 continued this
program; and
WHEREAS, the City is a represented member of the Houston-Galveston Area
Council, a Metropolitan Planning Organization, chartered under the laws of the State
of Texas; and
WHEREAS, the State and the City desire improvements to certain streets as
shown in"Exhibit 5", to be hereinafter identified as the "Project"; and
WHEREAS, the Metropolitan Planning Organization has approved the selection
of the project; and
WHEREAS, as outlined in Exhibit "3" contained therein, Minute Order 105322
establishes that the State's and the City's share of funding for the Urban Street
Program for urbanized areas; and
WHEREAS, the City has already participated in the development and
construction of the Project by having a consultant prepare the necessary design plans,
specifications, and cost estimates ("PS&E"); and
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EXHIBIT A
WHEREAS, such work performed by the City may, upon review by the State,
require adjustments, modifications, or additions to the PS&E; and
WHEREAS, on the Day of "I1997,.-the City Council
passed a Resolution attached hereto as "Exhibit 6", authorizing the City's participation
in the development of the Project.
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto, to be by them respectively kept and
performed as hereinafter set forth, it is agreed as follows:
I. CONTRACT PERIOD
This agreement becomes effective upon execution by the State and shall
end upon completion of the Project unless earlier terminated or modified
as hereinafter provided.
11. SCOPE OF PROJECT
A. The State and the City agree that the scope of the project
includes:
1 . Preparation of an environmental assessment, right of way
maps, property descriptions, and schematic layout, as may
be required and to the extent permitted by law,
2. Performing field surveys, as may be required,
3. Conducting public meetings/hearings,
4. Preparation of plans, specifications, and estimates (PS&E),
5. Acquisition of Right of Way, as may be required and to the
extent permitted by law,
6. Utility adjustments,
7. Construction of the Project,
8. An other work necessary to complete the Project to the
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extent permitted by law,
9. City will provide maintenance during construction, to the
® same extent as the City provides on similar projects.
III. CITY OBLIGATIONS
A. The City has already paid, or will pay, for the consultant fees
necessary to prepare the Project's preliminary design plans,
specifications, engineering and cost estimates, hereinafter
collectively called "Plans", necessary for the development of the
Project. Such Plans include right of way mapping, property
descriptions and schematic layout as required. Such Plans also
include performing field surveys; conducting public
meetings/hearings; and preparation of the plans, specifications,
and estimates as may be required. The City agrees to submit the
Plans to the State for review purposes to assure compliance with
State or AASHTO standards. The City further agrees to make
such adjustments, modifications or additions to the Plans as are
reasonably required: In addition, all engineering work shall be
prepared using the metric system in accordance with the Texas
Department of Transportation Metrication' Guide unless such
requirement is waived by the Design Division of the Texas
Department of Transportation. Documents prepared for the
purpose of public involvement shall be in both the English and
Metric unit systems.
B. In the event the State determines an environmental assessment is
required for Project purposes the City to the extent permitted by
law, shall conduct the assessment and submit it for State review
and make such remediation as is reasonably required. The
environmental assessment shall be developed in accordance with
applicable State environmental requirements. The City agrees not
to award the Construction Contract until such environmental
problems, if any, have been remediated by the City, if required and
to the extent permitted by law.
C. In addition the city has or will acquire and/or a for the following
C Y q pay 9
to the extent permitted by law:
way required
Right of for the construction of the Project
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2. Relocation/right of way assistance
If warranted, to the extent permitted by law, the City shall
perform all necessary requirements to provide any additional
right of way required for the construction of the Project.
The City 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.
Documentation to support such compliance must be
maintained and must be made available to the State and its
representatives for review and inspection.
D. The City agrees to advertise for construction bids, issue bid
proposals, receive and tabulate the bids and award a Construction
Contract for the Project in accordance with existing State
procedures and all applicable laws. The City shall develop written
construction contract procedures for the State's review and
approval. The City shall not initiate the bidding process until the
State's approval of it's procedures has been obtained. The City
will also inspect all construction work being performed by the
Contractor. Any field changes, supplemental agreements or
additional work orders which may become necessary subsequent
to award of the Construction Contract shall be subject to the
approval of the State, which approval will not be unreasonably
withheld.
E. Upon completion of the Project, the City will assume responsibility
for continued maintenance of the completed roadway facility.
F. The City will be responsible for the adjustment, removal or
relocation of any utilities as required by the Project. The
adjustment, removal or relocation of these utilities shall be
accomplished per the City's usual policies and procedures
regarding private utilities.
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IV. STATE OBLIGATIONS
The State Will:
A. Review the Plans 'submitted by' the City, ' process required
environmental documents and oversee any necessary public
involvemen
t.
B. Secure the funding for the State cost share of the Project.
C. Have the right of access to the Project in order to inspect any
work performed by the construction contractor to ensure that
construction of the Project is accomplished in accordance with the
approved Plans.
V. COMPLETION OF PROJECT
Upon completion of the Project, the City will issue to the State a
"Notification of Completion", acknowledging that the Project has been
completed. Upon the State's receipt of the "Notification of Completion",
final inspection and approval of the Project will be performed by the
State.
Vl. FUNDING RESPONSIBILITIES
A. The total estimated construction costs associated with the
construction of the Project, is $175,000.00.
B. The City share for the total pavement cost is twenty percent
(20%) plus that portion of the remaining eighty percent which
exceeds $140,000.00 , as hereinafter set forth, of the total
estimated cost of grading, base, pavement structures and
necessary safety appurtenances. The State's share is 80% of the
construction pavement costs, an amount not to exceed
$140,000.00 . The estimated costs of the total pavement cost is
$175,000.00.
The City will be financially responsible for 100% of any non-
pavement related costs associated with the Project, including
storm sewers, curb and gutter, sidewalks and driveways, right of
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way, and environmental mitigation to the extent required and
® permitted by law.
C. All environmental, engineering review and field costs incurred by
the State are to be paid by the City to the extent permitted by law.
Upon execution of this agreement, the City will, within 30 days,
submit a check made payable to the "Texas- Department of
Transportation" in an amount sufficient to compensate the State
for these costs. These costs are estimated to be 3-1/2 percent of
the State's 80 percent share referred to in Section 6B, which is
$4,900.00_. These funds will be utilized by the State to review
the engineering documentation, and cover other incidental costs,
including indirect costs.
D. Section 21 .06, Texas Government code, requires the State to
recover from the City indirect costs based on a percentage of the
State's actual direct costs to complete the Project. These indirect
costs, will be assessed in accordance with the State's Indirect
Cost Recovery Plan and will be based on the City's funding
percentage of 20 percent provided herein.
E. The City shall make payments to the contractor to the extent
permitted by law and submit records of payment to the State
using the State's reimbursement procedures to obtain
reimbursement.
F. The City shall submit to the State all documentation relating to the
actual costs incurred with the construction and construction
management of the Project. The State shall review all records and
approve items subject to reimbursement before the State will issue
the reimbursement to the City.
G. The State shall submit the approved reimbursements by check or
warrant made payable to the City. The State will make payments
to the City within thirty (30) days from receipt of the request,
provided the request for reimbursement is properly prepared and
documented.
H. The State will perform an audit of all costs associated with the
Project. In the event additional funding is required from the City
at anytime during the Project or the State determines that
reimbursements have been previously made for items which are
considered not eligible under the Urban Street Program, the City,
® to the extent permitted by law, will provide the funds within thirty
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(30) days from receipt of the State's written request. In the event
® any funds are due the City, the State will promptly make
arrangements to provide the funds to the City.
VII. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all Plans submitted by
City (as revised or modified) shall remain the property of th eCity and 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.
VIII. TERMINATION
A. This agreement may be terminated by any of the following
conditions.
1 . By mutual written agreement and consent of both parties.
2. By either party, upon the failure of the other party to fulfill
the obligations as set forth herein.
B. Termination of this agreement shall extinguish all rights, duties,
obligations and liabilities of the State and City to each other under
this agreement. If the potential termination of this agreement is
due to the failure of either party to fulfill its contractual obligations
as set forth herein, the non-defaulting party will notify the
defaulting Party that possible breach of contract has occurred and
the defaulting party should make every effort to remedy the breach
within a period mutually agreed upon at the time by both parties.
IX. INDEMNIFICATION
The City acknowledges that while not an agent, servant, or employee of
the State, it is responsible for its own acts and deeds and for those of its
agents or employees during the performance of the work authorized in
this contract.
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X. AMENDMENTS
® in the time frame character, agreement Any changesprovisions or
g
obligations of the parties hereto shall be enacted by written amendment
executed by both parties.
XI. LEGAL CONSTRUCTION
In case 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
provision hereof and this agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein.
XII. NOTICES
All notices to either party by the other required under this agreement shall
be delivered personally or sent by certified U.S. mail, postage prepaid,
addressed to such party at the following respective addresses:
State: Mr. Gabriel Y. Johnson, P.E.
Director of Transportation
Planning and Development
Texas Department of Transportation
P. 0. Box 1386
Houston, Texas 77251-1386
Or: 7721 Washington Avenue
Houston, Texas 77007
City: Mr. Howard Wellspring III, P.E.
Director of Engineering and Inspections
City of Baytown
P. 0. Box 424
Baytown, Texas 77522-0424
All notices shall be deemed given on the date so delivered or so
deposited in the mail, unless otherwise provided herein. Either party
hereto may change the above address by sending written notice of such
• change to the other in the manner provided herein.
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® XIII. SOLE AGREEMENT
This agreement constitutes the sole and only agreement between the
parties hereto and supersedes any prior understandings or written or oral
agreements respecting the within subject matter.
XIV. VIOLATION OR BREACH OF CONTRACT
Violation or breach of contract terms by either party shall be grounds for
termination of the agreement, and any increased cost arising from the
defaulting party's default, breach of contract, or violation of terms shall
be paid by the defaulting party to the extent permitted by law. This
agreement shall not be considered as specifying the exclusive remedy for
any default, but all remedies existing at law and in equity may be availed
of by either party and shall be cumulative.
XV. COMPLIANCE WITH LAWS
The parties shall comply with all federal, state and local laws, statutes,
ordinances, rules and regulations, and orders and decrees of any court,
administration bodies, or tribunals in any matter affecting the
performance of the agreement.
XVI. INSPECTION OF BOOKS AND RECORDS
The City shall maintain all books, documents, papers, accounting records
and other relevant documentation pursuant to the project and shall make
such materials available to the State and it's authorized representatives
for review and audits at it's office during the contract period and for four
(4) years from the date of final completion and acceptance of the project
or until pending litigation or audits are fully resolved.
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IN TESTIMONY HEREOF, the parties hereto have caused these presents to be
iexecuted in duplicate counterparts.
ATTEST/SEAL: CITY OF
Signed by:
City Secretary Mayor
Date of Execution
APPROVED: COUNTERSIGNED BY:
Director, Department of Public Works City Controller or City Manager
and Engineering
APPROVED AS TO FORM: DATE COUNTERSIGNED:
City Attorney
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STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation
Commission under the authority of Minute Order No. 100002 and Administrative
Circular 26-93 and superseded by Stand Alone Manual Notice 96-3. for the purpose
and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved by the Texas Transportation Commission.
By:
Lawrence J.Zatopek
Director, General Services Division
DATE OF EXECUTION
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TEXAS TRANSPORTATION COM1t MION
VARIOUS County MINUTE ORDER Page I of_ —Pages (/'
t
Dist. VARIOUS EXHIBIT 1
WHEREAS, the Governor of the SIa[e of Texas on October 13, 1994 supported the Texas
Transportation Commission's efforts to create a new state program titled the Urban Street Program
to help rebuild major strccts in urbanized areas; and
WHEREAS, the Urban Street Program will make needed infrastructure improvements on
major streets in cities with populations greater than 50,000; and
WHEREAS, the Urban Street Program will help the states 25 metropolitan planning areas
improve streets that feed into the states highway system, resulting in greater transportation
efficiency and Iess pollution; and
WHEREAS, the Urban Street Program consolidates several similar programs that were
developed over the years; and
WHEREAS, the Urban Street Program is a state initiated program with guidelines
recommended by the executive director, and ,
WHEREAS, program apportionments will be based on urbanized area population and this
category will be approved as part of the 1996 Project Development Plan;
NOW, THEREFORE, IT IS ORDERED that the executive director take the necessary
steps to establish a new funding category for a program to be titled the Urban Strcct Program to
be implemented in 1996 and in additional years if funding is available.
-Submitdcd and rcvic%vcd by: Recommended by:
Dcpuly Executive Dircclor for ] xccutivc Director
• Transportation Planning and Development
S �� (� C (��T:t SL Nlinutc Nurnbcr 104479
Datc Passcd OCf 27 94
TES TRANSPORTATION CONRYUSSiON
County NILNUrE ORDER Paoc_I of_ Pages
® EXHIBIT 2
District
WHEREAS, Minute Order 104479, dated October 27. 1994, created the Urban Street
Program to provide reconstruction and restoration of ccrtain city streets: and
WHEREAS. since this is a new program for which no project selection criteria has been
approved by the commission; and
WHEREAS, project selection criteria is needed for the Urban Street Program:
NOW, THEREFORE, IT IS ORDERED that the project selection criteria is established as
shown in Exhibit A.
IT IS FURTHER ORDERED that the 1996 Urban Street Prom be approved in the amount
of S18,000,000 with distribution to districts as shown in Exhibit B.
Submitted by: Revicwod by:
Director. Trr,Lcportation Planning AM Deputy Exocutivc,Director for
Progrnnzrnins Division Tmasportation Planning and Development
Rccommendcd by:
•
y>�rGY't �cxutivc Dirrctor
'j
Minute Numbcr
Date Pnsscd ,�
EXHIBIT A
URBAN STREET PROGRAM CRITERIA
® Project selection criteria for the Urban Street Program is as follows:
I_ Certain city streets in urbanized areas with population of 50.000 or more are eligible for this
program.
2. Streets must be classified as a collector or higher to be eligible.
I The Metropolitan Planning Organization (MPO) will select the projects with Texas
Department of Transportadon (the department) District concurrence.
4. Distribution of program allocadon will be based on the urbanized area population, current
official U.S. Census.
5. The program will be a bank balance program, with the program's authority lapsing in four
years
6. American Association of State Highway and Transportation Officials' standards will be applied
to reconstruction or added capacity projects. Pavement restoration projects will be developed
to existing or higher pavement standards, based on current traffic.
7. The city will pay 100 percent of storm sewer, curb and gutter, sidewalks, driveways, right of
way, utility adjustments, and environmental mi6ga6on, i.e., sound waILs, etc.
8. Texas Department of Transportation wil I pay 80 percent of grading, base, pavement (no
preventive maintenance projects, such as thin overlays and seal coats) cross drainage,
pavement markings, guard fence, and other safety features. The city will pay 20 percent of
the above items.
9. Consultants will be used for plans, specifica6ors and estimates preparation. The cities will
escrow funds for Texas Department of Transportation to select, manage, and pay the
consultants.
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: EXHIBIT B
L"6 URBAN STREET PROGRAM
® $18,000,000 distributed to districts as follows:
1990 PERCENT _ DISTRIBUTION
STUDY AREAS URBANIZED POP. POP. $I8 MILLION
Abilene 107.836 0.948% 170,640
Amarillo 157.934 1.389% 250,020
Austin 562.008 4.942% 889,560
Brownsville 117.676 1.035 q 186,300
Bryan-College Station 107,599 .0.946% 170,290
Corpus Christi 270,006 2.374% 427,320
Dallas-Fort Worth �"3,344,137 29.406% 5,293,080
Ei Paso 562,338 4.949% 890,820
Harlingen-San Benito 79.309 0.697% 125,460
Houston-Galveston 3.088.325 27.157% 4,888,260
Jefferson-Orange 232,401 2.044% 367.920
Killeen-Temple 196,596 1,729% 31 1,220
Laredo 123.651 1.087% 195.660
Longview 76.429 0.672% 120.960
Lubbock 187,906 1.652% 297,360
McAllen-Pharr 263,192 2.314% 416,520
M id l and-Odessa 205,671 1.809% 325.620
San Angelo 85.408 0.751% 135.180
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San Antonio 1,129,154 9.929% 1.787,220
Sherman-Denison 55,522 0.488% 87,840
Texarkana (Texas only) 42.310 0.372% 66,960
Tyler 79.703 0,7019 126,180
Yctoria 55.122 0.4855r 87,300
Waco 144.372 1.270% 228.600
Wichita Falls
97,151 0.854% 153.720
TOTALS 11,372.246 100.000% 18,000.000
`This includes the population of the Cities of Denton and Lewisville
SAS 1RANT1'ORTMON CCq�ZUSStON.
VARIOUS Co�tr bi1N17> ORDER P;go_L Of I_ F-9-
Dir�ict v ODS &�iYBTT 3
WHERPAS, Mmpte Order 104774, dated December 21, 1994, provided the selection
critclia for the Urban Street Program to provide reconstruction and restor-ation.of ccrtain city
=e+ets, and
WHEREAS, h is now necessary to rzvisc the project criteria to 2Bow loal gove=ents
to manage consnitauts and construction of projects;
NOW, THEREFORE, IT IS ORDERED that the project criteria for the Urban Street
Program is revised as shown in Exhibit A
Subimi[tcd try: Rm-;cw°d by:
.T and Rxomtroa D—tor for
proms T tioo PL®mg.sd Dwologuacot
$xocativo Diroctor
105322
Kmwto Number
D-ft P"-od APR 27 9 5
E�C1�iB tT A
URBAN EI'PROGRAM CRITERIA
® Project selection criteria [or the Urbmi Stred Program is as follows:
1. Certain city streets in urbanized areas with populations of 50,000 or more are eiigble for
this program.
2. Streets mast be classified as.a collector or bigher to be digiblc.
3. The Metropolitan Planning Organization(MPO) wyll select the projects with Texas
Deparhnent of Transportation(the depw=cnt) District eonaurence-
4. Distribution of program allocation will be based on the urbanized area population, current
official U.S- Census.
5. Tbr,program whl be a bank balance program, with the program's authority lapsing in
four ycara. `
6. American Association of State Highway and Transportation Officials' standards well be
applied to rccoristraction or added capacity projects. Pavemettt restoraticp projects will
be developed to existing or higher pavement scandards, based on current traffic.
7. The city will psy 100 percent of storm sewer, curb and gutter, sidewalks, driveways,
right of way, utility adjustments, and environmental mitigation, i.e-, sound walls, etc.
8. Tbo department will pay 80 percent of grading, base, pavement (no preventive
mainten nca projects, such as thin overlays and seal coats), cross drainage, pavement
1 ma.d6ngs, gaaed feneo and other safety features. The sty will pay 20 percent of the
above items.
9. Coasultants miy be used for plans, specifications and estimates preparatiou. Tbo cities
will escrow funds for the department to select, manage and pay the consu]taut9 on those
' projects that v�Rl be managed by the departmeuL A city may roquest that they be allowed
to provide co�pleto plans, specifications and estimates, and manage the construction of a
project. On these projects, the department will have oversight aM audit responsibUitp.
TEXAS TRANSPORTATION COMMISSION
VARIOUS Couniy iiNINNUTE ORDER Page I of 2
® District VARIOUS EXHIBIT "4"
WHEREAS, the PROJECT DEVELOPMENT PLAN (the,PDP) of the Texas Department of
Transportation (the department) is a ten year plan which authorizes project planning and
development; and
WHEREAS, the PDP is submitted to the Texas Transportation Commission (the
commission) for approval on an annual basis; and
WHEREAS, Minute Order 102992 dated November 30, 1993 approved the handling of bank
balance allocation programs for several of the categories of the PDP; and
WHEREAS, Minute Order 102992 also directed that any future program amounts for the
bank balance allocation programs be returned to the attention of the commission for approval; and
WJ-IEREAS, this action is consistent with the 1995-1999 Strategic Plan strategy to plan,
design, and manage highway projects;
NOW, TI-REFORE, IT IS ORDERED that the annual program amounts and allocation
formulas for the programs listed in the following Exhibits be approved, and the projects developed as
part of the programs be developed by the department on an as-needed basis:
Exhibit A - Category 2, Interstate Maintenance
1999-2000 Interstate Rehabilitation Program
Exhibit B - Category 3, National Highway System
1999-2000 National Highway System Rehabilitation Program
Exhibit C - Category 4, Surface Transportation Program (STP)
1998-1999 Federal Hazard Elimination Program
1997 Federal Railroad Signal Program
1997 Federal Railroad School Bus Signal Program
1999-2000 STP Urban/Rural Rehabilitation Program
Exhibit D - Category 7, Preventive Maintenance
1997 State Preventive Maintenance Program
1997 District Preventive Maintenance Program
Exhibit E - Category 8, State Farm to Market Roads
1997 Farm to Market/Ranch to lvlarket Road Rehabilitation Program
Exhibit F - Category 9, State Park Roads
1998 State Park Road Program
Exhibit G - Category 10, State Rehabilitation of Signs, Signals and Pavement Markings
1997 Traffic Control Devices Program
11,997 Rehabilitation of Traffic Managemertit Systems Program
Exhibit H - Category 11. State District Discretionary
1997 District Discretionary Program �� O �w '21,
TEXAS TRANSPORTATION COMMISSION
y&g_IQVCounty MINUTE ORDER Pagc 2 of2
District VARIOUS
Exhibit I - Category 13C, NAFTA Discretionary
1997 Discretionary Program for NAFTA Related Projects'
Exhibit J - Category 13D,•Urban Street Program
1997 Urban Street Program
Exhibit K - Category 14, State Rehabilitation
1997 State Rehabilitation Program
Exhibit L- Category 16, Miscellaneous
1997 Railroad Grade Crossing Replanking Program
1997 Railroad Signal Maintenance Program
1997 Construction Landscape Program
1997-1998 Landscape Cost Sharing Program
IT IS FURTHER ORDERED that the Executive Director is hereby authorized to proceed in
the most feasible and economical manner with project development as approved herein to include
any necessary agreements, right of way acquisition, utility adjustments and relocation assistance.
Submitted by: Reviewed by:
Director,Transportation Planning and Deputy Executive Director for
Prozramming Division Administrative Services
Recommended by:
Executive Director
Minute Number 106713
® Date Passed JAN 25 96
E'XH®IT J
CATEGORY 13D -URBAN STREET PROGRAM
1997 URBAN STREET PROGRAM
Description:
This program addresses reconstruction and restoration needs on city streets with
populations of 50,000 or more. Streets must be classified as a collector or higher.
All reconstruction and added capacity projects must be developed in accordance with
American Association of State Highway and Transportation Official's (AASHTO)
standards.
This program lapses on 8-31-2000.
Program amount:
$181000;000" (Allocations to districts attached) (Includes local 20% match)
Basis of allocation:
This program will be Dandled as a bank balance program. Eligible projects should be
developed by the Metropolitan Planning Organizations (MPO) with district level TkDOT
concurrence on an as needod basis.
Policy:
Construction fund match and match for purchase of right-of--way and utility adjustments is
as follows:
The city will pay 100 percent of storm sewer, curb and gutter, sidewalks, driveways,
right-of--way, utility adjustments and environmental mitigation (i.e., sound walla, etc.)
TkDOT will pay 80 percent of grading, base, pavement (no preventive maintenance
projects such.as thin overlays and seal coats), cross drainage, pavement markings, guard
fence-and other safety features.-The city will pay 20 percent of the above items.
Consultants may be used for plans, specifications and estimates preparation. The cities
will escrow funds for the department to select, manage and pay the consultants on those
projects that will be managed by the department, A city may request that they be allowed
to provide complets plans, specifications and estimates, and manage the construction of a
project. On these projects, the department will have oversight and audit responsibility.
Responsible division:
Transportation Planning and Programming Division
EXHIBIT 3` (ATTACHMENT)
1997 URBAN STREET PROGRAM
®' DISTRICT
DISTRICTS ALLOCATION
ABILENE $171,000
AMARILLO $250,000
ATLANTA $69,000
AUSTIN $890,000
BEAUMONT $368,000
BROW NWOOD $0
BRYAN $170,000
CHILDRESS $0
CORPUS CHRISTI $427,000
DALLAS $3 440 000
EL PASO $891,000
FORT WORTH $1,853,000
HOUSTON $4,888,000
LAREDO $196,000
LUBBOCK $297,000
LUFKIN SO
ODESSA $326,000
PARIS $88,000
VRARR $728,000
SAN ANGELO $135,000
SAN ANTONIO $1,797,000
$245
TYLER ,000
WACO SS40,000
WICHTTA FALLS $154,000
YOAKUM $97,000
TOTAL $18 000 000
I
EXHIBIT "5"=
• PART II[ - ROADWAY PR01I✓CT INkOFZMATION
1) Street Name/Number:
Market Street/ 3000 to 2700 Block
2) Location From:
Wisconsin Street
3) Location To:
580 feet east of West Main split.
4) Length (miles): 0.28 milesExisting Total Lanes: 3-5 Proposed Total Lanes: 3-5
.15D0 Linear feet (transitions)
TRAFFIC VOLUMES
5) Current Average Daily Traffic:
11,427 (7 day count) 521 Trucks (24 hour count)
Montli[Year Counted:
6/96
Source:
City of Baytown, Department of Planning and Community Development
PART IV - CONSTRUCTION COST ESTIMATES
A. Local Funding Commitment (for construction costs): ** 35,000 (20%)+
Requested TxDOT Construction funds **140,000 (80%)
Total Construction Costs: **175 .000 (100%)
*If local fnrrdirrg is greater !liar► the required 20%, please note.
** Note: These numbers are rounded, See Attachment IV.
®
13. Provide a line item estimate of construction costs. This estimate should consist of an 8 x 1 I
sheet of paper labeled "ATTACI-LME-NT IV. LINE ITEM ESTIMATE."
1-1-GAC May 2, 1996
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EXHIBIT "6"
RESOLUTION NO. 1281
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO SUBMIT A PROJECT TO THE HOUSTON-
GALVESTON AREA COUNCIL FOR CONSIDERATION FOR PARTICIPATION IN THE
URBAN STREET PROGRAM; PROVIDING FOR AN EFFECTIVE DATE-THEREOF.
WHEREAS, Market Street from Wisconsin to West Main has been determined by the City of Baytowl
as being eligible to receive funding from the Texas Department of Transportation under Houston-Galvestor
Area Council's Urban Street Program (the "Program") for pavement restoration (the "Project"); and
WHEREAS, should the Project be selected by the Metropolitan Planning Organization with the
concurrence of the Texas Department of Transportation, the City of Baytown shall be obligated to pay its
proportionate share of the Project as well as all costs identified in the Program Methodology and Criteria;
NOW THEREFORE,
BE IT RESOLVED BY THC CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section I: 'That the City Manager of the City of Baytown is hereby authorized to submit the Project
to the Houston-Galveston Area Council for consideration for participation in the Urban Street Program,
wherein the City of Baytown may receive ONE HUNDRED FORTY THOUSAND DOLLARS (S 140,000).
Section 2: That should the City of Baytown be awarded tic monies identified in Section 1, the City
of Baytown commits to match such funds as provided for in (lie Program, which match is projected to be
approximately THIRTY-FIVE THOUSAND DOLLARS (S35,000).
Section 3: That the City Manager of the City of Baytown is hcrcby designated as (lie authorized
representative of the City for all purposes under the Program.
Section 4: That the City Manager of the City of Baytown is hcrcby authorized to accept or affirm
any monies awarded that may result from the above submission.
Section 5: This resolution shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmativc vote of the City Council of the City of
Baytown on this 13th day of June, 1996.
Zz-l_
PETC C. ALI-ARO, Mayor
ATTEST:
• E•ILEEN P. HALL, City Clerk
APP OVCD AS TO FORM:
ACIO RAMIREZ, SR , ity Attorney
c:%kIIi 16%counc;IVcuoIulionlhcx it cu.ecs
COUNTY Harris '� 1997
CSJ 0912-71-553
PROJECT CUS 912-71-553
ROAD/STREET Market Street
In Baytown
THE STATE OF TEXAS § LA 1 Y VHItaINAIL
THE COUNTY OF TRAVIS §
AGREEMENT
URBAN STREET PROGRAM
THIS AGREEMENT, is made by and between the State of Texas, acting by and
through the Texas Department of Transportation, hereinafter called the "State" and the
City of Baytown, hereinafter called the "City."
WITNESSETH
WHEREAS, as shown in Exhibits "1 " and "2" and "3", Texas Transportation
Commission Minute Orders 104479, 104774, and 105322 established a program to
assist local governments in major urbanized areas in rebuilding streets functionally
classified as "collector" or higher; and
WHEREAS, as shown in Exhibit "4", Minute Order 106713 continued this
program; and
WHEREAS, the City is a represented member of the Houston-Galveston Area
Council, a Metropolitan Planning Organization, chartered under the laws of the State
of Texas; and
WHEREAS, the State and the City desire improvements to certain streets as
shown in"Exhibit 5", to be hereinafter identified as the "Project"; and
WHEREAS, the Metropolitan Planning Organization has approved the selection
of the project; and
WHEREAS, as outlined in Exhibit "3" contained therein, Minute Order 105322
establishes that the State's and the City's share of funding for the Urban Street
Program for urbanized areas; and
WHEREAS, the City has already participated in the development and
construction of the Project by having a consultant prepare the necessary design plans,
specifications, and cost estimates ("PS&E"); and
l
WHEREAS, such work performed by the City may, upon review by the State,
require adjustments, modifications, or additions to the PS&E; and
WHEREAS, on the I 6r ^ Day of -ems 199Y the City Council
passed a Resolution attached hereto as "Exhibit 6", authorizing the City's participation
in the development of the Project. 97
NOW, THEREFORE, in consideration of tp remises and of the mutual
covenants and agreements of the parties hereto, to be by them respectively kept and
performed as hereinafter set forth, it is agreed as follows:
I. CONTRACT PERIOD
This agreement becomes effective upon execution by the State and shall
end upon completion of the Project unless earlier terminated or modified
as hereinafter provided.
Il. SCOPE OF PROJECT
A. The State and the City agree that the scope of the project
includes:
1 . Preparation of an environmental assessment, right of way
maps, property descriptions, and schematic layout, as may
be required and to the extent permitted by law,
2. Performing field surveys, as may be required,
3. Conducting public meetings/hearings,
4. Preparation of plans, specifications, and estimates (PS&E),
5. Acquisition of Right of Way, as may be required and to the
extent permitted by law,
6. Utility adjustments,
7. Construction of the Project,
8. Any other work necessary to complete the Project, to the
extent permitted by law,
2
9. City will provide maintenance during construction, to the
same extent as the City provides on similar projects.
III. CITY OBLIGATIONS
A. The City has already paid, or will pay, for the consultant fees
necessary to prepare the Project's preliminary design plans,
specifications, engineering and cost estimates, hereinafter
collectively called "Plans", necessary for the development of the
Project. Such Plans include right of way mapping, property
descriptions and schematic layout as required. Such Plans also
include performing field surveys; conducting public
meetings/hearings; and preparation of the plans, specifications,
and estimates as may be required. The City agrees to submit the
Plans to the State for review purposes to assure compliance with
State or AASHTO standards. The City further agrees to make
such adjustments, modifications or additions to the Plans as are
reasonably required. In addition, all engineering work shall be
prepared using the metric system in accordance with the Texas
Department of Transportation Metrication Guide unless such
requirement is waived by the Design Division of the Texas
Department of Transportation. Documents prepared for the
purpose of public involvement shall be in both the English and
Metric unit systems.
B. In the event the State determines an environmental assessment is
required for Project purposes the City to the extent permitted by
law, shall conduct the assessment and submit it for State review
and make such remediation as is reasonably required. The
environmental assessment shall be developed in accordance with
applicable State environmental requirements. The City agrees not
to award the Construction Contract until such environmental
problems, if any, have been remediated by the City, if required and
to the extent permitted by law.
C. In addition, the city has or will acquire and/or pay for the following
to the extent permitted by law:
1 . Right of way required for the construction of the Project
3
2. Relocation/right of way assistance
If warranted, to the extent permitted by law, the City shall
perform all necessary requirements to provide any additional
right of way required for the construction of the Project.
The City 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.
Documentation to support such compliance must be
maintained and must be made available to the State and its
representatives for review and inspection.
D. The City agrees to advertise for construction bids, issue bid
proposals, receive and tabulate the bids and award a Construction
Contract for the Project in accordance with existing State
procedures and all applicable laws. The City shall develop written
construction contract procedures for the State's review and
approval. The City shall not initiate the bidding process until the
State's approval of it's procedures has been obtained. The City
will also inspect all construction work being performed by the
Contractor. Any field changes, supplemental agreements or
additional work orders which may become necessary subsequent
to award of the Construction Contract shall be subject to the
approval of the State, which approval will not be unreasonably
withheld.
E. Upon completion of the Project, the City will assume responsibility
for continued maintenance of the completed roadway facility.
F. The City will be responsible for the adjustment, removal or
relocation of any utilities as required by the Project. The
adjustment, removal or relocation of these utilities shall be
accomplished per the City's usual policies and procedures
regarding private utilities.
4
IV. STATE OBLIGATIONS
The State Will:
A. Review the Plans submitted by the City, process required
environmental documents and oversee any necessary public
involvement.
B. Secure the funding for the State cost share of the Project.
C. Have the right of access to the Project in order to inspect any
work performed by the construction contractor to ensure that
construction of the Project is accomplished in accordance with the
approved Plans.
V. COMPLETION OF PROJECT
Upon completion of the Project, the City will issue to the State a
"Notification of Completion", acknowledging that the Project has been
completed. Upon the State's receipt of the "Notification of Completion",
final inspection and approval of the Project will be performed by the
State.
VI. FUNDING RESPONSIBILITIES
A. The total estimated construction costs associated with the
construction of the Project, is $175,000.00.
B. The City share for the total pavement cost is twenty percent
(20%) plus that portion of the remaining eighty percent which
exceeds $140,000.00 , as hereinafter set forth, of the total
estimated cost of grading, base, pavement structures and
necessary safety appurtenances. The State's share is 80% of the
construction pavement costs, an amount not to exceed
$140,000.00 . The estimated costs of the total pavement cost is
$175,000.00.
The City will be financially responsible for 100% of any non-
pavement related costs associated with the Project, including
storm sewers, curb and gutter, sidewalks and driveways, right of
5
way, and environmental mitigation to the extent required and
permitted by law.
C. All environmental, engineering review and field costs incurred by
the State are to be paid by the City to the extent permitted by law.
Upon execution of this agreement, the City will, within 30 days,
submit a check made payable to the "Texas Department of
Transportation" in an amount sufficient to compensate the State
for these costs. These costs are estimated to be 3-1/2 percent of
the State's 80 percent share referred to in Section 613, which is
$4.900.00 . These funds will be utilized by the State to review
the engineering documentation, and cover other incidental costs,
including indirect costs.
D. Section 21 .06, Texas Government code, requires the State to
recover from the City indirect costs based on a percentage of the
State's actual direct costs to complete the Project. These indirect
costs, will be assessed in accordance with the State's Indirect
Cost Recovery Plan and will be based on the City's funding
percentage of 20 percent provided herein.
E. The City shall make payments to the contractor to the extent
permitted by law and submit records of payment to the State
using the State's reimbursement procedures to obtain
reimbursement.
F. The City shall submit to the State all documentation relating to the
actual costs incurred with the construction and construction
management of the Project. The State shall review all records and
approve items subject to reimbursement before the State will issue
the reimbursement to the City.
G. The State shall submit the approved reimbursements by check or
warrant made payable to the City. The State will make payments
to the City within thirty (30) days from receipt of the request,
provided the request for reimbursement is properly prepared and
documented.
H. The State will perform an audit of all costs associated with the
Project. In the event additional funding is required from the City
at anytime during the Project or the State determines that
reimbursements have been previously made for items which are
considered not eligible under the Urban Street Program, the City,
to the extent permitted by law, will provide the funds within thirty
6
(30) days from receipt of the State's written request. In the event
any funds are due the City, the State will promptly make
arrangements to provide the funds to the City.
VII. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all Plans submitted by
City (as revised or modified) shall remain the property of th eCity and 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.
VIII. TERMINATION
A. This agreement may be terminated by any of the following
conditions.
1 . By mutual written agreement and consent of both parties.
2. By either party, upon the failure of the other party to fulfill
the obligations as set forth herein.
B. Termination of this agreement shall extinguish all rights, duties,
obligations and liabilities of the State and City to each other under
this agreement. If the potential termination of this agreement is
due to the failure of either party to fulfill its contractual obligations
as set forth herein, the non-defaulting party will notify the
defaulting Party that possible breach of contract has occurred and
the defaulting party should make every effort to remedy the breach
within a period mutually agreed upon at the time by both parties.
IX. INDEMNIFICATION
The City acknowledges that while not an agent, servant, or employee of
the State, it is responsible for its own acts and deeds and for those of its
agents or employees during the performance of the work authorized in
this contract.
X. AMENDMENTS
Any changes in the time frame, character, agreement provisions or
obligations of the parties hereto shall be enacted by written amendment
executed by both parties.
XI. LEGAL CONSTRUCTION
In case 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
provision hereof and this agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein.
XII. NOTICES
All notices to either party by the other required under this agreement shall
be delivered personally or sent by certified U.S. mail, postage prepaid,
addressed to such party at the following respective addresses:
State: Mr. Gabriel Y. Johnson, P.E.
Director of Transportation
Planning and Development
Texas Department of Transportation
P. 0. Box 1386
Houston, Texas 77251-1386
Or: 7721 Washington Avenue
Houston, Texas 77007
City: Mr. Howard Wellspring III, P.E.
Director of Engineering and Inspections
City of Baytown
P. O. Box 424
Baytown, Texas 77522-0424
All notices shall be deemed given on the date so delivered or so
deposited in the mail, unless otherwise provided herein. Either party
hereto may change the above address by sending written notice of such
change to the other in the manner provided herein.
8
XIII. SOLE AGREEMENT
This agreement constitutes the sole and only agreement between the
parties hereto and supersedes any prior understandings or written or oral
agreements respecting the within subject matter.
XIV. VIOLATION OR BREACH OF CONTRACT
Violation or breach of contract terms by either party shall be grounds for
termination of the agreement, and any increased cost arising from the
defaulting party's default, breach of contract, or violation of terms shall
be paid by the defaulting party to the extent permitted by law. This
agreement shall not be considered as specifying the exclusive remedy for
any default, but all remedies existing at law and in equity may be availed
of by either party and shall be cumulative.
XV. COMPLIANCE WITH LAWS
The parties shall comply with all federal, state and local laws, statutes,
ordinances, rules and regulations, and orders and decrees of any court,
administration bodies, or tribunals in any matter affecting the
performance of the agreement.
XVI. INSPECTION OF BOOKS AND RECORDS
The City shall maintain all books, documents, papers, accounting records
and other relevant documentation pursuant to the project and shall make
such materials available to the State and it's authorized representatives
for review and audits at it's office during the contract period and for four
(4) years from the date of final completion and acceptance of the project
or until pending litigation or audits are fully resolved.
9
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be
executed in duplicate counterparts.
ATTEST/SEAL: CITY OF
Signed by:
City Secretary Mayor
5/ �?7
Date of Execution
APPROVED: COUNTERSIGNED BY:
Di ector, ar rnent of PZblicVVorks r City Manager
and Engineering
APPROVED AS TO FORM: DATE COUNTERSIGNED:
97'
ity Attorney
10
STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation
Commission under the authority of Minute Order No. 100002 and
G*Fe..ier 26 93 and 'ed bV Stand Alone Manual Notice 96-V for the purpose
.A* - -7/10/17
and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved by the Texas Transportation Commission.
gy.
CeJ.ZaV5pek
Director, General Services Division
DATE OF EXECUTION
11