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Ordinance No. 8,616990624 -10 ORDINANCE NO. 8616 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION- FOR THE RELOCATION OF THE CITY OF BAYTOWN'S 16 -INCH WATERLINE ALONG SPUR 330; AUTHORIZING ONE PAYMENT IN THE AMOUNT OF SEVENTY -FOUR THOUSAND EIGHT HUNDRED THREE AND 26/100 DOLLARS ($74,803.26); 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 approves an Interlocal Agreement with the Texas Department of Transportation for the relocation of the City of Baytown's 16 -inch waterline along Spur 330 and authorizes the City Manager and the 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: That the City Council of the City of Baytown, Texas, hereby authorizes one payment in the amount of SEVENTY -FOUR THOUSAND EIGHT HUNDRED THREE AND 26/100 DOLLARS ($74,803.26) to the Texas Department of Transportation for the relocation of the City's 16 -inch waterline along Spur 330. Section 3: 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 24th day of June, 1999. PETE C. ALFAR , Mayor ATTEST: r. , City Clerk 0CF k y m yr-na. be rjA. e r APPROVED AS TO FORM: ACIO RAMIREZ, S "ty Attorney c :11MyDocumentsACouncil\MmtingsU uneVnterlocalAgreementTxDot.doc AST Pct�t� Cl C Q, V Texas MEMORANDUM Department of Transportation TO: Mr. Quincy D. Allen, P.E. DATE: July 19, 1999 FROM: Charles E. Gaskin, Jr., P.E. Originating Office Houston District SUBJECT: C 508 -7 -277, etc. DOC SP 330 Harris County Attached for your further processing is one fully executed counterpart of a proposed Advance Funding Agreement between the City of Baytown and the State in connection with Change Order No. 1 to the subject projects. Please forward the counterpart to the outside funding entity for their files after making copies for your management and control files. Furthermore, please request funds in the amount of $74,803.26 from the City of Baytown, and submit the check or warrant to the District Accounting Section for further handling. Your usual cooperation in this matter is requested. If you have any questions, please contact Mr. Darrell G. Gloyna at (713) 802 -5492. DGG:dgg Attachment cc: Mr. David Williams s P.E. Director of Constructio ,VFLA o�- "Ao� v A �UL110999 -It of,- ........... Gvc.� p: _, G... -..iii ----•-- - r-az-144V �1� ® COUNTY Harris CCSJ 0508 -07 -277. etc. PROJECT NUMBER C 508 -7 -277, etc. Highway SP.330 ADVANCE FUNDING AGREEMENT FOR STANDARD HIGHWAY IMPROVEMENT PROJECTS (ON- SYSTEivI) THE STATE OF TEXAS § THE COUNTY OF TRAVIS § THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Baytown, Texas, acting by and through its authorized officials, hereinafter called the Outside Entity. WITNESSETH WHEREAS, Transportation Code § 201 et.seq. and Transportation Code § 221.001 authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Commission Minute Order Number 107689 authorizes the State to undertake and complete a highway improvement generally described as the construction of the conversion of a non - freeway facility to a freeway facility on Spur 330 from 1.0 mile west of SH 146 to SH 146; and, WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to participate in said highway improvement by funding that portion of the improvement described as relocating an existing sixteen -inch (16 ") diameter water main on Spur 330 between Station 255 +00 (.17 mile east of Rollingbrook Drive) and Station 267 +00 (.4 mile east of Rollingbrook Drive), hereinafter called the "Project "; and, the authorized participation in the Project is Ordinance Number 8616, and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; 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, the State and the Outside Entity do agree as follows. •. Page 1 of 5 ® AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Outside Entity will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding The State will authorize performance of only those Project items of work which the Outside Entity has requested and has agreed to pay for as described in Payment Provision and Work Responsibilities, Attachment A, which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Outside Entity and will be carried out and completed by the Outside Entity, at no cost to State. Article 3. Termination This agreement may be terminated by one of the following: ♦ By mutual written agreement and consent of both parties. ♦ By either party upon the failure of the other party to fulfill the obligations set forth herein. ♦ By the State if it determines that performance of the Project is not in the best interests of the State. If the contract is terminated in accordance with the above provisions, the Outside Entity will be responsible for the payment of Project costs incurred by the State on behalf of the Outside Entity up to the time of termination. Article 4. Right of Access If the Outside Entity is the owner of any part of the Project site, the Outside Entity shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. The Outside Entity will provide for all necessary right -of -way and utility adjustments needed for the performance of the work on sites not owned or to be acquired by the State. 0 Page 2 of 5 ® Article 5. Responsibilities of the Parties The Outside Entity acknowledges that while it is not an agent, servant, nor 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 on the Project. Article 6. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the local Outside Entity and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 7. Successors and Assigns The State and the Outside Entity each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 8. Amendments By mutual written consent of the parties, this contract may be amended prior to the expiration of this contract. Article 9. Interest The State will not pay interest on funds provided by the Outside Entity. Funds provided by the Outside Entity will be deposited into, and retained in, the State Treasury. Article 10. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the construction is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" adopted by the State and incorporated herein by reference, or special specifications approved by the State. • Page 3 of 5 0 Article 11. Increased Costs In the event it is determined that the funding provided by the Outside Entity will be insufficient to cover the State's cost for performance of the Outside Entity's requested work, the Outside Entity will pay to the State the additional funding necessary to cover the anticipated additional cost. The State shall send the Outside Entity a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Outside Entity shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Outside Entity cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 3 -Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Outside Entity. Article 12. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the entity they represent. IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Co under the authority of Minute Order 100002. By Date 4 Gary . Triet , P.E. Disrict Engineer, Houston District THE OUTSIDE ENTITY Name of the Outside Entity The City of Baytown By Date Typed or Printed Name and Title Monte Mercer. City Manaaer • Page 4of5 C • For the purpose of this agreement, the addresses of record for each party shall be: For the Outside Entity: The City of Baytown Mr. Monte Mercer, City Manager P. O. Box 424 Baytown, Texas 77522 -0424 For the Texas Department of Transportation: Mr. Gary Trietsch, P.E., District Engineer P.O. Box 1386 Houston, Texas 77251 -1386 Page 5of5 COUNTY Harris CCSJ 0508 -07 -277, etc. PROJECT NUMBER C 508 -7 -277 etc_ Highway SP 330 ATTACHMENT A PAYMENT PROVISION AND WORK REPONSIBILITIES DESCRIPTION OF THE COST OF THE ITEMS OF WORK The State shall be responsible for the construction consisting of relocating an existing sixteen -inch (16 ") diameter water main on Spur 330 between Station 255 +00 (.17 mile east of Rollingbrook Drive) and Station 267 +00 (A mile east of Rollingbrook Drive), as described in Change Order No. 1. Upon completion of the Project, the Outside Entity will assume responsibility for the maintenance of the completed Project. The Outside Entity's cost for its portion of the work will be based on actual cost estimated to be $74,803.26, which includes contingencies and construction engineering. THE SCHEDULE OF PAYMENT One payment in the amount of 574,803.26 will be paid to the State. Upon execution of this agreement, the Outside Entity will remit a check or warrant made payable to the Texas Department of Transportation in the amount $74,80' ).26, to be used in payment for the proposed work required by the Outside Entity. ACTUAL COST AGREEMENT In the event it is determined that the funding provided by the Outside Entity will be insufficient to cover the State's cost for the construction of the Project, the Outside Entity will within 30 calendar days from the receipt of the State's written notification provide the additional funding to cover the State's anticipated additional costs. If the Project costs less than the estimated $74,803.26, a refund will be made by the State to the Outside Entity after a final audit of all work completed is made at the final completion of the highway improvement project. 0 Page IofI COUNTY Harris CCSJ 0508-07-277, etc. PROJECT NUMBER C 508-7-277, etc. Highway SP 330 ADVANCE FUNDING AGREEMENT FOR STANDARD HIGHWAY IMPROVEMENT PROJECTS (ON-SYSTEM) THE STATE OF TEXAS § TI IE COUNTY OF TRAVIS § THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State,and the City of Baytown, Texas, acting by and through its authorized officials,hereinafter called the Outside Entity. WITNESSETH WHEREAS, Transportation Code§201 et.seq. and Transportation Code§22 1.001 authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State I hghway System; and, WHEREAS, Commission Minute Order Number 107689 authorizes the State to undertake and complete a highway improvement generally described as the construction of the conversion of a non-freeway facility to a freeway facility on Spur 330 from 1.0 mile west of SlI 146 to SII 146; and, WHEREAS,the Outside Entity has requested that the State allow the Outside Entity to participate in said highway improvement by funding that portion of the improvement described as relocating an existing sixteen-inch(16")diameter water main on Spur 330 between Station 255+00 (.17 mile east of Rollingbrook Drive) and Station 267+00 (A mile east of Rollingbrook Drive), hereinafter called the "Project"; and,the authorized participation in the Project is Ordinance Number 8616,and, WHEREAS,the State has determined that such participation is in the best interest of the citizens of the State; 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,the State and the Outside Entity do agree as follows. Page 1 of 5 AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Outside Entity will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated,as hereinafter provided. Article 2. Project Funding The State will authorize performance of only those Project items of work which the Outside Entity has requested and has agreed to pay for as described in Payment Provision and Work Responsibilities, Attachment A, which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Outside Entity and will be carried out and completed by the Outside Entity,at no cost to State. Article 3. Termination This agreement may be terminated by one of the following: ♦ By mutual written agreement and consent of both parties. ♦ By either party upon the failure of the other party to fulfill the obligations set forth herein. ♦ By the State if it determines that performance of the Project is not in the best interests of the State. If the contract is terminated in accordance with the above provisions, the Outside Entity will be responsible for the payment of Project costs incurred by the State on behalf of the Outside Entity up to the time of termination. Article 4. Right of Access If the Outside Entity is the owner of any part of the Project site,the Outside Entity shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. The Outside Entity will provide for all necessary right-of-way and utility adjustments needed for the performance of the work on sites not owned or to be acquired by the State. Page 2 of 5 Article 5. Responsibilities of the Parties The Outside Entity acknowledges that while it is not an agent, servant, nor 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 on the Project. Article 6. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the local Outside Entity and the State,the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 7. Successors and Assigns The State and the Outside Entity each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 8. Amendments By mutual written consent of the parties,this contract may be amended prior to the expiration of this contract. Article 9. Interest The State will not pay interest on funds provided by the Outside Entity. Funds provided by the Outside Entity will be deposited into, and retained in,the State Treasury. Article 10. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A,Payment Provision and Work Responsibilities, to this contract,the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the construction is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" adopted by the State and incorporated herein by reference, or special specifications approved by the State. Page 3 of 5 Article 11. Increased Costs In the event it is determined that the funding provided by the Outside Entity will be insufficient to cover the State's cost for performance of the Outside Entity's requested work,the Outside Entity will pay to the State the additional funding necessary to cover the anticipated additional cost. The State shall send the Outside Entity a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Outside Entity shall pay the funds to the State within 30 days of the written notification,unless otherwise agreed to by all parties to this agreement. If the Outside Entity cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 3 -Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities,this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Outside Entity. Article 12. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the entity they represent. IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Co under the authority of Minute Order 100002. By Date j-20 -gs' Gary . Triet , P.E. Disrict Engineer, Houston District THE OUTSIDE ENTITY Name of the Outside Entity The Cily of Baytown By Date '7 l 7/ 9 I Typed or Printed Name and Title Monte Mercer, City Manager Page 4 of 5 For the purpose of this agreement,the addresses of record for each party shall be: For the Outside Entity: For the Texas Department of Transportation: The City of Baytown Mr. Gary Trietsch,P.E., District Engineer Mr. Monte Mercer, City Manager P.O. Box 1386 P. O. Box 424 Houston,Texas 77251-1386 Baytown, Texas 77522-0424 Page 5 of 5 COUNTY Harris CCSJ 0508-07-277, etc. PROJECT NUMBER C 508-7-277, etc. F fghway SP 330 ATTACHMENT A PAYMENT PROVISION AND WORK REPONSIBILITIES DESCRIPTION OF THE COST OF THE ITEMS OF WORK The State shall be responsible for the construction consisting of relocating an existing sixteen-inch (16") diameter water main on Spur 330 between Station 255+00 (17 mile east of Rollingbrook Drive)and Station 267+00 (A mile east of Rollingbrook Drive), as described in Change Order No. 1. Upon completion of the Project,the Outside Entity will assume responsibility for the maintenance of the completed Project. The Outside Entity's cost for its portion of the work will be based on actual cost estimated to be $74,803.26, which includes contingencies and construction engineering. THE SCHEDULE OF PAYMENT One payment in the amount of $74,803.26 will be paid to the State. Upon execution of this agreement,the Outside Entity will remit a check or warrant made payable to the Texas Department of Transportation in the amount$74,803.26,to be used in payment for the proposed work required by the Outside Entity. ACTUAL COST AGREEMENT In the event it is determined that the funding provided by the Outside Entity will be insufficient to cover the State's cost for the construction of the Project,the Outside Entity will within 30 calendar days from the receipt of the State's written notification provide the additional funding to cover the State's anticipated additional costs. If the Project costs less than the estimated $74,803.26, a refund will be made by the State to the Outside Entity after a final audit of all work completed is made at the final completion of the highway improvement project. Page 1 of 1