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Ordinance No. 9,170ORDINANCE NO. 9170 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE RELOCATION AND DISPOSAL OF APPROXIMATELY 58 LINEAR FEET OF THE CITY'S 16- INCH WATER LINE ALONG SPUR 330 NEAR ITS INTERSECTION WITH WEST BAKER ROAD; 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 to execute an Interlocal Agreement with Texas Department of Transporfation for the relocation and disposal of approximately 58 linear feet of the City's 16- inch water line along Spur 330 near its intersection with West Baker Road. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. 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 5th day of June, 2001. C PETE C. ALFARO, Nfayor ATTEST: I/X GA W. SMITH, City Clerk APPROVED AS TO FORM: 5 RN4 RANN LOJ ' 40 ckIh270\ Council\ OrdinanceUnterlocalAgreementWithTxDOT330 ® COUNTY Harris CCSJ 0508 -07 -277, etc. PROJECT NUMBER C508 -7 -277, etc. HIGHWAY SP 330 ADVANCE FUNDING AGREEMENT FOR STANDARD HIGHWAY IMPROVEMENT PROJECTS (ON- SYSTEM) STATE OF TEXAS § 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." WIT`NE S SETH 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 (i) requested that the State allow the Outside Entity to participate in said highway improvement by funding that portion of the improvement described as removing and relocating a sixteen -inch (16 ") diameter water main on Spur 330 between Station 168 +60 (168 feet west of Baker Road) and Station 167 +50 (250 feet west of Baker Road), and disposing of asbestos cement pipe, if it is encountered, hereinafter called the "Project ", and (ii) authorized participation in the Project is Ordinance Number 9170; 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 covenant and agreement 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: 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 Advance Funding Agreement, Page 1 EMIT A ® 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 which 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 an 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 the 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; or ➢ By the State if it determines that performance of the Project is not in the best interest of the State. If the contract is terminated in accordance with the above provisions, the Outside Entity will be responsible for the payment of the 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. 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 term 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 precedent over the other agreement in matters related to the Project. Advance Funding Agreement, Page 2 ® Article 7. Successors and Assigns. C] 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 parry in respect to all covenants of this agreement. Article 8. Amendments. By mutual written consent of the parties, this contact 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 specification approved by the State. Article 11. Increase Cost. 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 accordance with Article 3 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provisions and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the Sate and the Outside Entity. Advance Funding Agreement, Page 3 U 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 HEREOF, 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 Commission under the authority of Minute Order 100002. :A Gary K. Trietsch, P.E. District Engineer, Houston District THE OUTSIDE ENTITY The City of Baytown By Monte Mercer City Manager Date Date For the purpose of this agreement, the addresses of record for each parry shall be: For the Outside Entity: The City of Baytown Mr. Monte Mercer, City Manager P.O. Box 424 Baytown, Texas 77522 -0424 Advance Funding Agreement, Page 4 For the Texas Department of Transportation: Texas Department of Transportation Mr. Gary Trietsch, P.E., District Engineer P.O. Box 1386 Houston, Texas 77251-1386 r� LJ COUNTY Harris CCSJ 0508 -07 -277, etc. PROJECT NUMBER C508 -7 -277, etc. HIGHWAY SP 330 ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES 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 168 +60 (168 feet west of Baker Road) and Station 167 +50 (250 feet west of Baker Road). Work also includes disposal of asbestos cement pipe, if it is encountered. Upon completion of the Project, the City of Baytown will assume responsibility for maintenance of the completed Project. The City's cost for its portion of the work will be based on actual cost estimated to be $26,484.67, which includes contingencies and construction engineering. THE SCHEDULE OF PAYMENT. One payment in the amount of $26,484.67 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 of $26,484.67, to be used in payment for the proposed work required by the outside Entity. ACTUAL COST AGREEMENT In the event it is determined 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 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 $26,484.67, 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 c: k1h270 \contracts\1 nter1oca1 \TXD0T3 3 Kontract Attachment A, Page Solo