Ordinance No. 8,666990826 -7
ORDINANCE NO. 8666
® AN ORDINANCE AUTHORIZING PAYMENT IN THE AMOUNT OF
FOURTEEN THOUSAND ONE HUNDRED NINETY -ONE AND 75/100
DOLLARS ($14,191.75) TO THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR THE RELOCATION OF THE CITY'S 16 -INCH
WATERLINE ALONG SPUR 330 UNDER THE NEW DRAINAGE
STRUCTURE PURSUANT TO THE INTERLOCAL AGREEMENT
BETWEEN THE TEXAS DEPARTMENT OF TRANSPORTATION AND THE
CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: The City Council of the City of Baytown, Texas, hereby authorizes
payment in the amount of FOURTEEN THOUSAND ONE HUNDRED 'NINETY -ONE AND
75/100 DOLLARS ($14,191.75) to the Texas Department of Transportation ( "TxDOT ") for the
relocation of the City's 16 -inch waterline along Spur 330 under the new drainage structure
pursuant to an Interlocal Agreement between TxDOT and the City of Baytown.
Section 2: 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 26"' day of August, 1999.
PETE C. ALFARO, ayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
dt6ACIO RAMIREZ, Sr. ty Attorney
0 c:\MyDocuments\ Council\ MeetingsW ugust\ApprovePaymenttoTxDOT.doc
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 §
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 lowering an
existing sixteen-inch (16") diameter water main under the planned 8' x 8' precast box culvert on
Spur 330 at Station 242+89(Left Frontage Road-Westbound),hereinafter called the "Project"; and,
the authorized participation in the Project is Ordinance Number 8666, 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 parry 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 Comm* ' n under the authority of Minute Order 100002.
By Z Date
Gary K. Trie , P.-E.
Disrict Engineer, liouston District
THE OUTSIDE ENTITY
Name of the Outside Entity The Cily of Ba own
By. Date
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 77251-13 86
Baytown, Texas 77522-0424
Page 5 of 5
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 lowering an existing sixteen-inch
(16")diameter water main under the planned 8' x 8' precast box culvert on Spur 330(Left Frontage
Road-Westbound) at Station 242+89 (313' west of Rollingbrook Drive), as described in Change
Order No. 4. 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
$14,191.75, which includes contingencies and construction engineering.
THE SCHEDULE OF PAYMENT
One payment in the amount of$14,191.75 will be paid to the State. Within 30 calendar days of
execution of this agreement, the Outside Entity will remit a check or warrant made payable to the
Texas Department of Transportation in the amount $14,191.75, 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 $14,191.75, 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.
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