Ordinance No. 9,268ORDINANCE NO. 9268
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND
THE CITY CLERK TO ATTEST TO AN AGREEMENT FOR THE CONSTRUCTION
OF A BIKE AND HIKE FACILITY ALONG GOOSE CREEK STREAM WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION; 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 and the City Clerk to attest to an Agreement for the Construction of a
Bike and Hike Facility Along Goose Creek Stream with the Texas Department of Transportation. 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 20"' day of November, 2001.
1!e c e. Qvo:':
PETE C. ALFARO, Mayor
ATTEST:
G Y SM ,— H, City Clerk
APPRG�TED AS TO FORM:
ACIO RAMIREZ, SR., Attorney
c:\ klh280 \Council\Ordinance \TXDOTCounciI AgreementOrdinance
Harris County
® CSJ 0912 -71 -697
VA: Goose Creek Hike and Bike
Trail From West Texas Ave.
to Garth Road in Baytown
4-
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
AGREEMENT
(CONGESTION MITIGATION AND AIR QUALITY 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 theCity of Baytown,
Texas, hereinafter called the "City."
WITNESSETH
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ( "ISTEA ")
codified under Title 23 U.S.C. Section 101 et seq., establishes the National Intermodal
Transportation System that is economically efficient and environmentally sound, provides the
foundation for the nation to compete in the global economy, and will move people and goods in
an energy efficient manner; and
WHEREAS, Title 23 U.S.C. Section 149 as amended by Section 1110 of the
Transportation Equity Act for the 21St Century (TEA -21) establishes the Congestion Mitigation
and Air Quality Improvement Program ( "CMAO ") to contribute to attainment of the national
ambient air quality standard to be implemented by the State's Transportation Agencies; and
WHEREAS, Houston is classified as a severe ozone non - attainment area, and the State
must use funds in ozone and carbon monoxide non - attainment areas; and
WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning
Organizations ( "MPO's ") and the State's Transportation Agencies to develop transportation
11/14/01
Page 1 of 17 EMIT A
plans and programs for urbanized areas of the State; and
WHEREAS the Ci ty is a member of the Houston - Galveston Area Council, a Metropolitan
Planning Organization, chartered under the laws of Texas; and
WHEREAS, the State and the City desire to construct a hike and bike trail along Goose
Creek, as shown in "Exhibit A ", to be hereinafter identified as the "Project "; and
WHEREAS, Title 23 U.S.C. Section 120 establishes that the Federal share of funding for
Congestion Mitigation and Air Quality and Strategic Priority Programs will not exceed eighty
percent (80 %) of the Project cost; and
WHEREAS, the State will secure the Federal cost share, review the engineering and
PS &E, let the construction contract, provide the construction inspection, provide all necessary
and required environmental mitigation (in State right of way) and provide other items as
required; and
WHEREAS, the City has offered to participate in the development and construction of
the Project by providing funding, preparing or having prepared by a consultant the preliminary
engineering, which includes, but is not limited to, environmental documentation and clearances,
public involvement, all necessary and required environmental mitigation, design plans,
specifications, and estimates (PS &E); accomplishing the adjustment of utilities; acquisition of
right of way; and providing other necessary items required for the Project; and
WHEREAS, on the _ day of , 19 , the Baytown City Council passed an
- ordinance attached hereto and identified as "Exhibit B ", authorizing the City's participation in the
development of the Project; and
WHEREAS, the Project has been approved by the Federal Highway Administration and
the Texas Transportation Commission for inclusion in the 2002 -2004 Transportation
Improvement Program, a page of which is attached hereto and identified as "EXHIBIT C."
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Page 2 of 17
i
9' AGREEMENT
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:
1. CONTRArT Pi=pin I
This agreement becomes effective upon final execution by the State and City and shall
terminate upon completion of the Project or unless terminated or modified as hereinafter
provided.
2. SCOPE OF PROJECT
A. The State and the City agree that the scope of the Project shall be limited to the
scope authorized by the Texas Transportation Commission. The scope of the Project is
to prepare the environmental assessment, right of way maps, property descriptions, and
schematic layout; perform field surveys; conduct public meetings /hearings; prepare
plans, specifications and estimates (PS &E); complete acquisition of right of way;
construct the Project (including grading, paving, structures, etc. as applicable); and any
other work necessary to complete the Project.
B. The Project will be designated as a METROPOLITAN HIGHWAY for the limited
purpose of constructing the hike and bike facility; however, any existing street or hike
and bike facility within the limits of the Project will not be designated or incorporated
therein prior to the State's award of the construction contract.
C. The City will continue to provide maintenance for all roads, within the limits of the
Project, until the State's award of the construction contract.
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Page 3 of 17
E
r.
t
3. CITY RESPONSIBILITIES
A. The City
will prepare or
cause
to be
prepared
the
preliminary engineering,
environmental
documents and
design
plans
necessary
for
the development of the
Project.
Development of the
?t
preliminary
engineering,
environmental
documents and
design
plans shall include,
but not be
limited to,
preparing the
environmental
assessment, and schematic layout; performing field surveys; conducting public
meetings /hearings; and preparing plans, specifications, and estimates (PS &E).
B. The City shall perform necessary requirements to provide the desired 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.
C. In the event the right of way is donated to the City, the City will provide all
documentation to the State regarding the value of the acquired property. The State will
review the City's appraisal of the donated property to determine the fair market value. A
portion of the fair market value of donated right of way will be credited towards the City's
financial share by reducing the total cost of the Project for all participants. The State will
not reimburse the City any funds in the event the right of way was purchased before
FHWA approval and the fair market value of the donated property exceeds the City's
financial share towards the Project.
D. The City shall prepare right of way plat(s), property descriptions and other data as
needed to properly describe the right of way which the City is to acquire and provide for
11/14/01
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® the Project. The right of way plat(s) and property descriptions shall be submitted to the
State for approval prior to the City acquiring the necessary right of way. Tracings of the
plat shall be retained by the City for its permanent records.
E. The City agrees to make a determination of property values for each right of way
parcel by methods acceptable to the State and to submit to the State's District Office a
tabulation of the values so determined, signed by the appropriate City representative.
Such tabulations shall list the parcel numbers, ownership, acreage and recommended
compensation. Compensation shall be shown in the component parts of land taken,
itemization of improvements taken, damages (if any) and the amounts by which the total
compensation will be reduced if the owner retains improvements. This tabulation shall
be accompanied by an explanation to support the determined values, together with a
copy of information or reports used in arriving at all determined values. The State will
review the data submitted and may base its reimbursement for parcel acquisitions on the
values which are determined by this review.
F. Condemnation proceedings, when applicable, will be initiated at a time selected by
the City and will be the City's responsibility and at its own expense unless otherwise
provided herein. The City will concurrently file condemnation proceedings and a notice
of lis pendens for each case in the name of the City, and in each case so filed the
judgment of the court will decree title to the property condemned to the City. °
G. Court costs of Special Commissioners' hearings assessed against the City in
condemnation proceedings and fees incident thereto will be paid by the City.
H. Reimbursement will be made to the City for right of way purchased after the date of
FHWA approval in an amount not to exceed eighty percent (80 %) of the cost of the right
of way purchased in accordance with the terms and provisions of this agreement.
Reimbursement will be in the amount not to exceed eighty percent (80 %) of the State's
11/14/01
Page 5 of 17
a
i.
a:
predetermined value of each parcel, or the net cost thereof, whichever is the lesser
amount. In addition, reimbursement will be made to the City for necessary payments to
appraisers, expenses incurred in order to assure good title to property acquired and
costs asso - ciated with the relocation of displaced persons or personal property as well as
-Y
incidental expenses incurred in conveying the needed right of way to the City.
Reimbursement shall not exceed eighty percent (80 %) of such documented costs. If
condemnation is necessary and title is taken as set forth herein under the above section
concerning "condemnation," the participation by the State shall be based on the final
judgment, conditioned upon the State having been notified in writing prior to the filing of
such suit and upon prompt notice being given as to all action taken therein.
I. The City will provide the State with right of way certifications which indicate that all
right of way parcels have been acquired prior to letting a construction contract for the
Project or that the acquisition of right of way parcels will have no affect on the
construction of the Project.
J. If the required right of way encroaches upon existing utilities and proposed Project
construction requires the adjustment, removal or relocation of such utility facilities, the
City will establish the necessary utility work in accordance with 43 TAC, Sec. 21.31-
21.51 and notify the affected utility companies of the required work. The City shall be
responsible for all costs associated with the adjustment, removal or relocation of utility
facilities which are owned and operated by the City, and such adjustment, removal or
relocation shall be in accordance with applicable State law, regulations, policies and
procedures.
K. The City will be responsible for the assessment; mitigation and remediation of any
environmental problems associated with the development and construction the Project.
10 The City will be responsible for the preparation of the environmental assessment for the
11/14/01
Page 6 of 17
r
Project. The documents will be reviewed and processed for approval by the State. The
environmental documents will be submitted to the appropriate regulatory agency(s) for
approval and shall provide documentation to the satisfaction of these regulatory
agency(s) ..t at the environmental problems have been remediated. Written certification
from the appropriate regulatory agency(s) that environmental contamination does not
exist or that any environmental problems discovered have been remedied will be
required by the State. The State will not let the construction contract for the Project until
all known environmental problems have been remediated. All costs associated with the
remediation of the environmental problems shall be the responsibility of the City and will
not be eligible for Federal -aid reimbursement.
L. The engineering and design plans shall be developed in accordance with the latest
edition and revisions of the State's Highway Design Division Operations and Procedures
Manual or the American Association of State Highway and Transportation Official's A
Policy on Geometric Design of Highways and Streets, the Texas Department of
Transportation's 1993 Standard Specifications for Construction of Highways, Streets and
Bridges, Federal regulations for conformity with the Clean Air Act air quality
requirements, the EPA - National Pollutant Discharge Elimination System requirements,
the Texas Accessibility Standards of the Architectural Barriers Act and theTexas Manual
on Uniform Traffic Control Devices. In addition, all engineering work shall be prepared
using the English system of measurements. Documents prepared for the purpose of
public involvement shall be in the English unit system.
M. The City must comply with applicable State and Federal rules and procedures in
selection of the consultant and the consultant selection procedure must have prior
approval by the Texas Department of Transportation and the Federal Highway
10 Administration. The State will monitor the City's consultant selection process for
11/14/01
Page 7 of 17
adherence to Federal rules and procedures. The consultant selected by the City shall
be subject to the approval of the State. The City must submit a copy of the
consultant's contract to the State for approval prior to the consultant starting work.
The City sj all forward to the State a copy of the completed engineering and design
plans for review.
N. Upon completion of the Project, the City will assume responsibility for maintenance of
the completed facility.
4. STATE RESPONSIBILITIES
A. The State will perform a 30 percent, 60 percent, 90 percent and final review of the
engineering plans, specifications and estimate work being developed by the City's
consultant in conjunction with the City's review. The State will also review all
geotechnical, surveying, schematic, bridge layout, design, environmental, hydraulic
reports and data submitted by the City, process environmental documents, process any
necessary railroad agreements and oversee any necessary public involvement. The
State will provide a pavement design for the Project per AASHTO pavement design
criteria and will also provide any geotechnical investigations required for the pavement
design.
B. The State shall advertise for construction bids, issue bid proposals, receive and
tabulate the bids and award a contract for construction of the Project in accordance with
existing procedures and applicable laws. Any field changes, supplemental agreements
or additional work orders which may become necessary subsequent to the award of the
construction contract shall be subject to the approval of the State and the City.
C. The State will supervise and inspect all work performed by the construction
contractor and will provide such engineering, inspection, and testing services as may be
® required to ensure that the construction of the Project is accomplished in accordance
11/14/01
Page 8 of 17
contractor.
D. Upon completion of the Project, the State will issue to the City a "Notification of
Completion ", acknowledging that the Project has been completed. Upon the City's,
receipt of the "Notification of Completion ", the facility designation will be removed from
the State Highway System and will revert to being under the jurisdiction of the City. The
State will provide one set of reproducible "As Built" plans to the City upon completion of
the Project.
5. FUNDING RESPONSIBILITIES
A. The total estimated costs associated with the construction of the Project, including
construction engineering and testing services, is $1,361,919. The estimated funding
breakdown for each of the participants in the Project is detailed in Exhibit D.
B. The State will be responsible to secure the Federal share of funding required for the
construction of the Project. The Federal share for the total cost is eighty percent (80 %)
of the total estimated cost of the Project, which is $1,089,535. The City will be
responsible for the twenty percent (20 %) local match to the Federal funds and for any
non - Federal participation costs associated with the Project as shown in Exhibit D.
C. The estimated engineering review cost to be incurred by the Texas Department of
Transportation is $40,000. Within thirty (30) days of execution of this agreement by all
parties, the City will submit a check or warrant made payable to the "Texas Department
of Transportation" in the amount of $8,000. These funds will be utilized by the State to
review the engineering documentation, and cover other incidental costs.
D. The City shall make progress payments to the consultant and submit the
41 completed engineering documents to the State for review and approval. The City shall
11/14/01
Page 9 of 17
with the
approved PS &E.
The City will be
allowed
to review the construction work
provided
the review does
not interfere with
the work
being performed by the State's
contractor.
D. Upon completion of the Project, the State will issue to the City a "Notification of
Completion ", acknowledging that the Project has been completed. Upon the City's,
receipt of the "Notification of Completion ", the facility designation will be removed from
the State Highway System and will revert to being under the jurisdiction of the City. The
State will provide one set of reproducible "As Built" plans to the City upon completion of
the Project.
5. FUNDING RESPONSIBILITIES
A. The total estimated costs associated with the construction of the Project, including
construction engineering and testing services, is $1,361,919. The estimated funding
breakdown for each of the participants in the Project is detailed in Exhibit D.
B. The State will be responsible to secure the Federal share of funding required for the
construction of the Project. The Federal share for the total cost is eighty percent (80 %)
of the total estimated cost of the Project, which is $1,089,535. The City will be
responsible for the twenty percent (20 %) local match to the Federal funds and for any
non - Federal participation costs associated with the Project as shown in Exhibit D.
C. The estimated engineering review cost to be incurred by the Texas Department of
Transportation is $40,000. Within thirty (30) days of execution of this agreement by all
parties, the City will submit a check or warrant made payable to the "Texas Department
of Transportation" in the amount of $8,000. These funds will be utilized by the State to
review the engineering documentation, and cover other incidental costs.
D. The City shall make progress payments to the consultant and submit the
41 completed engineering documents to the State for review and approval. The City shall
11/14/01
Page 9 of 17
retain and submit to the State all cost documentation associated with the
development of the completed engineering documents.
E. The State shall reimburse the City funds which have been incurred and are
applicable o the Federal cost sharing arrangement established herein. The payments
to the City for services rendered will be made monthly based upon the City's approved
monthly progress report and itemized and certified Statements (Texas Department of
Transportation Form 132, or an invoice that is acceptable to the State) detailed to
show the names of employees, time worked, actual work performed and actual rates.
Monthly Statements should include authorized non - salary expenses with supporting
itemized invoices. The City shall comply with the cost principles established in OMB
Circular A -87, "Cost Principles for State and Local Governments."
F. The itemized and certified Statements shall show the total amount earned to the
date of submission and the amount due and payable as of the date of the current
Statement. Final payment of any money due should be made to the City after
satisfactory completion of all services and obligations covered in this contract,
including acceptance of work by the State and completion of final audit. Final
payment does not relieve the City of the responsibility of correcting any errors and /or
omissions resulting from negligence.
G. The original Form 132, or an invoice that is acceptable to the State, and four•(4)
copies should be submitted directly to the District Office to expedite processing.
Upon receipt and approval of each Statement, the Department shall pay the amount
which is due and payable within thirty (30) days time.
H. Sixty (60) days prior to the date set by the State for receipt of the construction bids,
the State will notify the City to make available any funding required for the construction of
the Project. The City shall remit a check or warrant payable to the "Texas Department of
11/14/01
Page 10 of 17
Transportation" in the amount specified by the State equal to the estimated construction
costs including construction engineering and contingencies, the State's review costs, the
State's indirect costs as determined per the State's Indirect Cost Recovery Plan, minus
any funds previously submitted by the City and minus the Federal participation of
$1,361,919. Payment must be made within thirty (30) days of receipt of the State's
written notification.
I. Overruns of the estimated Project cost shall be subject to the approval of the State
and the City and shall be in accordance with the applicable guidelines set by the MPO.
J. Upon Project completion, the State will perform an audit of all costs associated with
the Project. In the event additional funding is required by the City at anytime during the
Project, the City will provide the funds within thirty (30) days from receipt of the State's
written notification. In the event any funds are due the City the State will promptly make
arrangements to provide the funds to the City.
6. INDIRECT COST RECOVERY PLAN
Section 2106, Texas Government Code, requires the State to recover indirect costs
based on a percentage of the State's actual direct costs to complete the Project. The
indirect costs will be in accordance with the State's Indirect Cost Recovery Plan and will
be based on the participant's funding percentage provided herein. The indirect cost
recovery rate in effect for this Project is zero.
7. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by the City
shall remain the property of the City and all documents prepared by the State shall
remain the property of the State. The City shall receive construction drawings,
specifications, and an estimate at the beginning of the Project. The City shall also
® receive any as -built drawings upon the completion of construction. All data re ared
P P
11/14/01
Page 11 of 17
L
under this agreement shall be made available to the State without restriction or limitation
on their further use.
8. TERMINATION
A. This agreement may be terminated by any of the following conditions:
a3
(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. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities
of the State and the City under this agreement. If the potential termination of this agreement is
due to the failure by 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.
The defaulting party should make every effort to remedy the breach within a period mutually
agreed upon by both parties. Any cost incurred due to such breach of contract shall be
paid by the breaching party.
9. RESPONSIBILITIES OF THE PARTIES
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party and each party agrees it is responsible for its individual acts
and deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents.
10. AMENDMENTS
Any changes in the time frame, character, agreement provisions or obligations of the
parties hereto shall be enacted by written amendment executed by the City and the
State.
11. LEGAL CONSTRUCTION
® In case one or more of the provisions contained in this agreement shall for any reason
11/14/01
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U
® be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions hereof and this agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
12. NOTICES
All notices to any party by any other party 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: Texas Department of Transportation
P.O. Box 1386
Houston, TX 77251 -1386
or 7721 Washington Avenue
Houston, TX 77007
City: The City of Baytown
Attention: Mr. Scott Johnson, Director of Parks and Recreation
P.O. Box 424
Baytown, Texas 77522
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Any of the parties hereto may change the above
address by sending written notice of such change to the others in the manner provided
herein.
13. 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.
14. REMEDIES
® Violation or breach of contract terms by the City shall be grounds for termination of the
11/14/01
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agreement, and any increased cost arising from the City's, default, breach of contract, or
violation of terms shall be paid by the City. 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.
15. INSPECTION OF THE CITY'S BOOKS AND RECORDS
The State will, for purpose of termination of the agreement prior to completion, examine
the books and records of the City for the purpose of checking the amount of the work
performed by the City at the time of contract termination. The City shall maintain all
books, documents, papers, accounting records and other documentation relating to
costs incurred under this agreement and other documentation relating to costs incurred
under this agreement and shall make such materials available to the State, FHWA or its
duly authorized representatives for four (4) years from the date of final payment under
this contract or until impending litigation is resolved. Additionally, the State, FHWA, and
its duly authorized representatives shall have access to all records of the City which are
directly applicable to this agreement for the purpose of making audits, examinations,
excerpts, and transcriptions.
16. OMB A -133 AUDIT REQUIREMENTS
The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502,
ensuring that the single audit report includes the coverage stipulated in OMB Circular No.
A -133.
17. CIVIL RIGHTS COMPLIANCE
The City shall comply with the regulations of the Department of Transportation as they
relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B)); also Executive Order
11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375
and as supplemented in the Department of Labor regulations (41 CFR 60).
11/14/01
Page 14 of 17
® 18. COMPLIANCE WITH LAWS
The City shall comply with all Federal, State, and local laws, statutes, ordinances, rules
and regulations, and the orders and decrees of any court, administration bodies, or
tribunals in any matter affecting the performance of the agreement.
18. 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.
11/14/01
Page 15 of 17
C
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE CITY OF BAYTOWN, TEXAS
By:
Typed Name
Title
Date
ATTEST:
City Clerk
11/14/01
Page 16 of 17
u
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission 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.
11/14/01
LM
Date:
Jennifer D. Soldano, Director
Contract Services Office
Page 17 of 17
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2002 -2004 TRANSPORTATION IMPROVEMENT PROGRAM
5
CMAQ
TRANSPORTATION IMPROVEMENT PROGRAM
0912- 71-698
VA
CMAQ
HOUSTON DISTRICT
5516,000
HO.HR.0154
HARRIS
GOOSE CREEK TRAIL FROM S OF W TEXAS AVE TO
HOUSTON - GALVESTON MPO
50
50
07/012004
2002
W TEXAS AVE (PHASE 2)
50
CSJ
tIWY APPN I
COST I
FED COST
PROJ ID
COUNTY
LIMITS FROJ1 APPN 2
COST 2
STATE COST
LET DATE
DISTRICT
LIMITS TO ='° , APPN 3
COST 3
LOCAL COST
RVN DATE
OTHER
TYPE OF WORK APPN 4
COST 4
LOCAL CONT
PHASE
0912 -71 -699
COMMENTS APPN 5
COST 5
TOTAL COST
5680,000
0912 -71 -658
VA CMAQ
5250,400
5200,320
50
HARRIS
NORTH HOUSTON ON- STREET BIKEWAY
50
$0
12/012001
HOUSTON
NETWORK TO PHASE 2
50
550,080
ADDITIONAL RAIL TO BARBOURS CUT TERMINAL
OTHER
NORTH HOUSTON ON- STREET BIKEWAY
$0
S62,600
C,E,R
NETWORK - PHASE 2
$0
$313,000
5
CMAQ
CMAQ
0912- 71-689
VA CMAQ
53,903,000
53,122,400
960432 -XX
HARRIS
BARBOURS CUT QUEUE LANES
SO
50
12/012001
HOUSTON
$0
$780,600
OTHER
CONSTRUCT QUEING LANES ALONG GEORGE
50
50
C,E,R
ALTVATER ROAD/TRAFFIC CROSSOVER TO
$0
53,903,000
5
CMAQ
0912 - 71-690
VA CMAQ
54,625,000
53,700,000
960433A -XX
HARRIS
TRANSFER STATION AT INDUSTRIAL
$0
. SO
08/012002
HOUSTON
$0
5925,000
OTHER
CONSTRUCT 8900` RR TRACK
$0
50
C,E,R
50
$4,625,000
5
CMAQ
0912- 71-697
VA CMAQ
$1,089,535
5871,628
960722 -XX
HARRIS
GOOSE CREEK TRAIL- W TEXAS AVE. TO GARTH
50
50
07/012004
HOUSTON
ROAD
50
$217,907
OTHER
CONSTRUCT HIKE/BIKE TRAIL ALONG GOOSE
50
5272,383
C,E,R
CREEK
$0
$1,361,918
•
HOUSTON- GALVESTON AREA COUNCIL
EXHIBIT C
5
CMAQ
0912- 71-698
VA
CMAQ
5645,000
5516,000
HO.HR.0154
HARRIS
GOOSE CREEK TRAIL FROM S OF W TEXAS AVE TO
50
50
07/012004
HOUSTON
W TEXAS AVE (PHASE 2)
50
$129,000
OTHER
CONSTRUCT HIKE/BIKE TRAIL
$0
S161,250.
C,E,R
50
5806,250
SUPPLEMENTAL FUNDING TO ENHANCEMENT PRO
5
CMAQ
0912 -71 -699
VA
CMAQ
$850,000
5680,000
960432 -XX
HARRIS
BARBOURS CUT TERMINAL
50
50
12/012001
HOUSTON
$0
5170,000
OTHER
ADDITIONAL RAIL TO BARBOURS CUT TERMINAL
$0
$0
C,E,R
$0
$850,000
5
CMAQ
•
HOUSTON- GALVESTON AREA COUNCIL
EXHIBIT C
ESTIMATED COST BREAKDOWN
Hams County
CSJ 0912 -71 -697
City of Baytown
Goose Creek Hike and Bike Trail
From West Texas Ave. to Garth Road in Baytown
EXHIBIT D
CITY
FEDERAL
TOTAL
CONST. COST =
$241,446.39
$965,785.57
$1,207,231.96
REVIEW COST =
$8,000.00
$32,000.00
$40,000.00
CONST. E & C COST (9.5 %) _
$22,937.41
$91,749.63
$114,687.04
TOTAL=
$272,383.80
$1,089,535.20
$1,361,919.00
EXHIBIT D
Harris County
CSJ 0912-71-697
VA: Goose Creek Hike and Bike
Trail From West Texas Ave.
to Garth Road in Baytown
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
AGREEMENT
CONGESTION MITIGATION AND AIR QUALITY 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 theCity of Baytown,
Texas, hereinafter called the "City."
WITNESSETH
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA")
codified under Title 23 U.S.C. Section 101 et seq., establishes the National Intermodal
Transportation System that is economically efficient and environmentally sound, provides the
foundation for the nation to compete in the global economy, and will move people and goods in
an energy efficient manner; and
WHEREAS, Title 23 U.S.C. Section 149 as amended by Section 1110 of the
Transportation Equity Act for the 21" Century (TEA-21) establishes the Congestion Mitigation
and Air Quality Improvement Program ("CMAQ") to contribute to attainment of the national
ambient air quality standard to be implemented by the State's Transportation Agencies; and
WHEREAS, Houston is classified as a severe ozone non-attainment area, and the State
must use funds in ozone and carbon monoxide non-attainment areas; and
WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning
Organizations ("MPO's") and the State's Transportation Agencies to develop transportation
11/14/01
Page 1 of 17
plans and programs for urbanized areas of the State; and
WHEREAS, the City is a member of the Houston-Galveston Area Council, a Metropolitan
Planning Organization, chartered under the laws of Texas; and
WHEREAS, the State and the City desire to construct a hike and bike trail.along Goose
Creek, as.shown in "Exhibit A", to be hereinafter identified as the "Project"; and
WHEREAS, Title 23 U.S.C. Section 120 establishes that the Federal share of funding for
Congestion Mitigation and Air Quality and Strategic Priority Programs will not exceed eighty
percent (80%) of the Project cost; and
WHEREAS, the State will secure the Federal cost share, review the engineering and
PS&E, let the construction contract, provide the construction inspection, provide all necessary
and required environmental mitigation (in State right of way) and provide other items as
required; and
WHEREAS, the City has offered to participate in the development and construction of
the Project by providing funding, preparing or having prepared by a consultant the preliminary
engineering, which includes, but is not limited to, environmental documentation and clearances,
public involvement, all necessary and required environmental mitigation, design plans,
specifications, and estimates (PS&E); accomplishing the adjustment of utilities; acquisition of
right of way; and providing other necessary items required for the Project; and
WHEREAS, on the _ day of 19 the Baytown City Council passed an
ordinance attached hereto and identified as "Exhibit B", authorizing the City's participation in the
development of the Project; and
WHEREAS, the Project has been approved by the Federal Highway Administration and
the Texas Transportation Commission for inclusion in the 2002-2004 Transportation
Improvement Program, a page of which is attached hereto and identified as "EXHIBIT C."
11/14/01
Page 2 of 17
AGREEMENT
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:
1.CONTRACT PERIOD
This,agreement becomes effective upon final execution by the State and City and shall
terminate upon completion of the Project or unless terminated or modified as hereinafter
provided.
2. SCOPE OF PROJECT
A. The State and the City agree that the scope of the Project shall be limited to the
scope authorized by the Texas Transportation Commission. The scope of the Project is
to prepare the environmental assessment, right of way maps, property descriptions, and
schematic layout; perform field surveys; conduct public meetings/hearings; prepare
plans, specifications and estimates (PS&E); complete acquisition of right of way;
construct the Project (including grading, paving, structures, etc. as applicable); and any
other work necessary to complete the Project.
B. The Project will be designated as a METROPOLITAN HIGHWAY for the limited
purpose of constructing the hike and bike facility; however, any existing street or hike
and bike facility within the limits of the Project will not be designated or incorporated
therein prior to the State's award of the construction contract.
C. The City will continue to provide maintenance for all roads, within the limits of the
Project, until the State's award of the construction contract.
11/14/01
Page 3 of 17
3.CITY RESPONSIBILITIES
A. The City will prepare or cause to be prepared the preliminary engineering,
environmental documents and design plans necessary for the development of the
Project. Development of the preliminary engineering, environmental documents and
deign plans shall include, but not be limited to, preparing the environmental
assepsment, and schematic layout; performing field surveys; conducting public
meetings/hearings; and preparing plans, specifications, and estimates (PS&E).
B. The City shall perform necessary requirements to provide the desired 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.
C. In the event the right of way is donated to the City, the City will provide all
documentation to the State regarding the value of the acquired property. The State will
review the City's appraisal of the donated property to determine the fair market value. A
portion of the fair market value of donated right of way will be credited towards the City's
financial share by reducing the total cost of the Project for all participants. The State will
not reimburse the City any funds in the event the right of way was purchased before
FHWA approval and the fair market value of the donated property exceeds the City's
financial share towards the Project.
D. The City shall prepare right of way plat(s), property descriptions and other data as
needed to properly describe the right of way which the City is to acquire and provide for
11/14/01
Page 4 of 17
I
the Project. The right of way plat(s) and property descriptions shall be submitted to the
State for approval prior to the City acquiring the necessary right of way. Tracings of the
plat shall be retained by the City for its permanent records.
E. The City agrees to make a determination of property values for each right of way
parcel by methods acceptable to the State and to submit to the State's District Office a
tabulption of the values so determined, signed by the appropriate City representative.
Such tabulations shall list the parcel numbers, ownership, acreage and recommended
compensation. Compensation shall be shown in the component parts of land taken,
itemization of improvements taken, damages (if any) and the amounts by which the total
compensation will be reduced if the owner retains improvements. This tabulation shall
be accompanied by an explanation to support the determined values, together with a
copy of information or reports used in arriving at all determined values. The State will
review the data submitted and may base its reimbursement for parcel acquisitions on the
values which are determined by this review.
F. Condemnation proceedings, when applicable, will be initiated at a time selected by
the City and will be the City's responsibility and at its own expense unless otherwise
provided herein. The City will concurrently file condemnation proceedings and a notice
of lis pendens for each case in the name of the City, and in each case so filed the
judgment of the court will decree title to the property condemned to the City.
G. Court costs of Special Commissioners' hearings assessed against the City in
condemnation proceedings and fees incident thereto will be paid by the City.
H. Reimbursement will be made to the City for right of way purchased after the date of
FHWA approval in an amount not to exceed eighty percent (80%) of the cost of the right
of way purchased in accordance with the terms and provisions of this agreement.
Reimbursement will be in the amount not to exceed eighty percent (80%) of the State's
11/14/01
Page 5 of 17
predetermined value of each parcel, or the net cost thereof, whichever is the lesser
amount. In addition, reimbursement will be made to the City for necessary payments to
appraisers, expenses incurred in order to assure good title to property acquired and
costs associated with the relocation of displaced persons or personal property as well as
incidental expenses incurred in conveying the needed right of way to the City.
Reimbursement shall not exceed eighty percent (80%) of such documented costs. If
condemnation is necessary and title is taken as set forth herein under the above section
concerning "condemnation," the participation by the State shall be based on the final
judgment, conditioned upon the State having been notified in writing prior to the filing of
such suit and upon prompt notice being given as to all action taken therein.
I. The City will provide the State with right of way certifications which indicate that all
right of way parcels have been acquired prior to letting a construction contract for the
Project or that the acquisition of right of way parcels will have no affect on the
construction of the Project.
J. If the required right of way encroaches upon existing utilities and proposed Project
construction requires the adjustment, removal or relocation of such utility facilities, the
City will establish the necessary utility work in accordance with 43 TAC, Sec. 21.31-
21.51 and notify the affected utility companies of the required work. The City shall be
responsible for all costs associated with the adjustment, removal or relocation of utility
facilities which are owned and operated by the City, and such adjustment, removal or
relocation shall be in accordance with applicable State law, regulations, policies and
procedures.
K. The City will be responsible for the assessment; mitigation and remediation of any
environmental problems associated with the development and construction the Project.
The City will be responsible for the preparation of the environmental assessment for the
11/14/01
Page 6 of 17
Project. The documents will be reviewed and processed for approval by the State. The
environmental documents will be submitted to the appropriate regulatory agency(s) for
approval and shall provide documentation to the satisfaction of these regulatory
agency(s) that the environmental problems have been remediated. Written certification
from the appropriate regulatory agency(s) that environmental contamination does not
exist
1 or that any environmental problems discovered have been remedied will be
required by the State. The State will not let the construction contract for the Project until
all known environmental problems have been remediated. All costs associated with the
remediation of the environmental problems shall be the responsibility of the City and will
not be eligible for Federal-aid reimbursement.
L. The engineering and design plans shall be developed in accordance with the latest
edition and revisions of the State's Highway Design Division Operations and Procedures
Manual or the American Association of State Highway and Transportation Official's A
Policy on Geometric Design of Highways and Streets, the Texas Department of
Transportation's 1993 Standard Specifications for Construction of Highways, Streets and
Bridges, Federal regulations for conformity with the Clean Air Act air quality
requirements, the EPA-National Pollutant Discharge Elimination System requirements,
the Texas Accessibility Standards of the Architectural Barriers Act and theTexas Manual
on Uniform Traffic Control Devices. In addition, all engineering work shall be prepared
using the English system of measurements. Documents prepared for the purpose of
public involvement shall be in the English unit system.
M. The City must comply with applicable State and Federal rules and procedures in
selection of the consultant and the consultant selection procedure must have prior
approval by the Texas Department of Transportation and the Federal Highway
Administration. The State will monitor the City's consultant selection process for
11/14/01
Page 7 of 17
adherence to Federal rules and procedures. The consultant selected by the City shall
be subject to the approval of the State. The City must submit a copy of the
consultant's contract to the State for approval prior to the consultant starting work.
The City shall forward to the State a copy of the completed engineering and design
plans for review.
N. Upon completion of the Project, the City will assume responsibility for maintenance of
the completed facility.
4.STATE RESPONSIBILITIES
A. The State will perform a 30 percent, 60 percent, 90 percent and final review of the
engineering plans, specifications and estimate work being developed by the City's
consultant in conjunction with the City's review. The State will also review all
geotechnical, surveying, schematic, bridge layout, design, environmental, hydraulic
reports and data submitted by the City, process environmental documents, process any
necessary railroad agreements and oversee any necessary public involvement. The
State will provide a pavement design for the Project per AASHTO pavement design
criteria and will also provide any geotechnical investigations required for the pavement
design.
B. The State shall advertise for construction bids, issue bid proposals, receive and
tabulate the bids and award a contract for construction of the Project in accordance with
existing procedures and applicable laws. Any field changes, supplemental agreements
or additional work orders which may become necessary subsequent to the award of the
construction contract shall be subject to the approval of the State and the City.
C. The State will supervise and inspect all work performed by the construction
contractor and will provide such engineering, inspection, and testing services as may be
required to ensure that the construction of the Project is accomplished in accordance
11/14/01
Page 8 of 17
with the approved PS&E. The City will be allowed to review the construction work
provided the review does not interfere with the work being performed by the State's
contractor.
D. Upon completion of the Project, the State will issue to the City a "Notification of
Completion", acknowledging that the Project has been completed. Upon the City's,
receipt of the "Notification of Completion", the facility designation will be removed from
the State Highway System and will revert to being under the jurisdiction of the City. The
State will provide one set of reproducible "As Built" plans to the City upon completion of
the Project.
5.FUNDING RESPONSIBILITIES
A. The total estimated costs associated with the construction of the Project, including
construction engineering and testing services, is $1,361,919. The estimated funding
breakdown for each of the participants in the Project is detailed in Exhibit D.
B. The State will be responsible to secure the Federal share of funding required for the
construction of the Project. The Federal share for the total cost is eighty percent (80%)
of the total estimated cost of the Project, which is $1,089,535. The City will be
responsible for the twenty percent (20%) local match to the Federal funds and for any
non-Federal participation costs associated with the Project as shown in Exhibit D.
C. The estimated engineering review cost to be incurred by the Texas Department of
Transportation is $40,000. Within thirty (30) days of execution of this agreement by all
parties, the City will submit a check or warrant made payable to the "Texas Department
of Transportation" in the amount of $8,000. These funds will be utilized by the State to
review the engineering documentation, and cover other incidental costs.
D. The City shall make progress payments to the consultant and submit the
completed engineering documents to the State for review and approval. The City shall
11/14/01
Page 9 of 17
retain and submit to the State all cost documentation associated with the
development of the completed engineering documents.
E. The State shall reimburse the City funds which have been incurred and are
applicable to the Federal cost sharing arrangement established herein. The payments
to the City for services rendered will be made monthly based upon the City's approved
monthly progress report and itemized and certified Statements (Texas Department of
Transportation Form 132, or an invoice that is acceptable to the State) detailed to
show the names of employees, time worked, actual work performed and actual rates.
Monthly Statements should include authorized non-salary expenses with supporting
itemized invoices. The City shall comply with the cost principles established in OMB
Circular A-87, "Cost Principles for State and Local Governments."
F. The itemized and certified Statements shall show the total amount earned to the
date of submission and the amount due and payable as of the date of the current
Statement. Final payment of any money due should be made to the City after
satisfactory completion of all services and obligations covered in this contract,
including acceptance of work by the State and completion of final audit. Final
payment does not relieve the City of the responsibility of correcting any errors and/or
omissions resulting from negligence.
G. The original Form 132, or an invoice that is acceptable to the State, and four (4)
copies should be submitted directly to the District Office to expedite processing.
Upon receipt and approval of each Statement, the Department shall pay the amount
which is due and payable within thirty (30) days time.
H. Sixty (60) days prior to the date set by the State for receipt of the construction bids,
the State will notify the City to make available any funding required for the construction of
the Project. The City shall remit a check or warrant payable to the "Texas Department of
11/14/01
Page 10 of 17
Transportation" in the amount specified by the State equal to the estimated construction
costs including construction engineering and contingencies, the State's review costs, the
State's indirect costs as determined per the State's Indirect Cost Recovery Plan, minus
any funds previously submitted by the City and minus the Federal participation of
1,361,919. Payment must be made within thirty (30) days of receipt of the State's
written notification.
I. Overruns of the estimated Project cost shall be subject to the approval of the State
and the City and shall be in accordance with the applicable guidelines set by the MPO.
J. Upon Project completion, the State will perform an audit of all costs associated with
the Project. In the event additional funding is required by the City at anytime during the
Project, the City will provide the funds within thirty (30) days from receipt of the State's
written notification. In the event any funds are due the City the State will promptly make
arrangements to provide the funds to the City.
6.INDIRECT COST RECOVERY PLAN
Section 2106, Texas Government Code, requires the State to recover indirect costs
based on a percentage of the State's actual direct costs to complete the Project. The
indirect costs will be in accordance with the State's Indirect Cost Recovery Plan and will
be based on the participant's funding percentage provided herein. The indirect cost
recovery rate in effect for this Project is zero.
7.OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by the City
shall remain the property of the City and all documents prepared by the State shall
remain the property of the State. The City shall receive construction drawings,
specifications, and an estimate at the beginning of the Project. The City shall also
receive any as-built drawings upon the completion of construction. All data prepared
11/14/01
Page 11 of 17
under this agreement shall be made available to the State without restriction or limitation
on their further use.
8.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. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities
of the State and the City under this agreement. If the potential termination of this agreement is
due to the failure by 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.
The defaulting party should make every effort to remedy the breach within a period mutually
agreed upon by both parties. Any cost incurred due to such breach of contract shall be
paid by the breaching party.
9.RESPONSIBILITIES OF THE PARTIES
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party and each party agrees it is responsible for its individual acts
and deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents.
10. AMENDMENTS
Any changes in the time frame, character, agreement provisions or obligations of the
parties hereto shall be enacted by written amendment executed by the City and the
State.
11. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall for any reason
11/14/01
Page 12 of 17
be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions hereof and this agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
12. NOTICES
All notices to any party by any other party 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: Texas Department of Transportation
P.O. Box 1386
Houston, TX 77251-1386
or 7721 Washington Avenue
Houston, TX 77007
City: The City of Baytown
Attention: Mr. Scott Johnson, Director of Parks and Recreation
P.O. Box 424
Baytown, Texas 77522
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Any of the parties hereto may change the above
address by sending written notice of such change to the others in the manner provided
herein.
13. 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.
14. REMEDIES
Violation or breach of contract terms by the City shall be grounds for termination of the
11/14/01
Page 13 of 17
agreement, and any increased cost arising from the City's, default, breach of contract, or
violation of terms shall be paid by the City. 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.
15. INSPECTION OF THE CITY'S BOOKS AND RECORDS
The State will, for purpose of termination of the agreement prior to completion, examine
the books and records of the City for the purpose of checking the amount of the work
performed by the City at the time of contract termination. The City shall maintain all
books, documents, papers, accounting records and other documentation relating to
costs incurred under this agreement and other documentation relating to costs incurred
under this agreement and shall make such materials available to the State, FHWA or its
duly authorized representatives for four (4) years from the date of final payment under
this contract or until impending litigation is resolved. Additionally, the State, FHWA, and
its duly authorized representatives shall have access to all records of the City which are
directly applicable to this agreement for the purpose of making audits, examinations,
excerpts, and transcriptions.
16. OMB A-133 AUDIT REQUIREMENTS
The City shall comply with the requirements of the Single Audit Act of 1984,P.L. 98-502,
ensuring that the single audit report includes the coverage stipulated in OMB Circular No.
A-133.
17. CIVIL RIGHTS COMPLIANCE
The City shall comply with the regulations of the Department of Transportation as they
relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B)); also Executive Order
11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375
and as supplemented in the Department of Labor regulations (41 CFR 60).
11/14/01
Page 14 of 17
18. COMPLIANCE WITH LAWS
The City shall comply with all Federal, State, and local laws, statutes, ordinances, rules
and regulations, and the orders and decrees of any court, administration bodies, or
tribunals in any matter affecting the performance of the agreement.
18. SIGNATORY WARRANTY
The pignatories to this agreement warrant that each has the authority to enter into this
agreement on behalf of the entity they represent.
11/14/01
Page 15 of 17
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE CITY OF BAYTOWN, TEXAS
By: L't5t)
rCc r
Typed Name
C h'lcirt►<<N'
Title
l l v e.,►h.r ,,I , .v,
Date
ATTEST:i/
City Clerk
11/14/01
Page 16 of 17
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission 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.
By: r, S
Jen r D. o,So Director
Con act Se es ffice
Date:
11/14/01
Page 17 of 17
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EXHIBIT A
CSJ 0912-71-697
GOOSE CREEK HIKE & BIKE TRAIL
1000 0 1000 2000 Feet
From West Texas Ave to Garth Rd
Teems
City of Baytown M
2=26 2002-2004 TRANSPORTATION IMPROVEMENT PROGRAM
TRANSPORTATION IMPROVEMENT PROGRAM
HOUSTON DISTRICT
HOUSTON-GALVESTON MPO
2002
CSJ IIWY APPN I COST I FED COST PROJ ID
COUNTY LIMITS FROM APPN 2 COST 2 STATE COST LET DATE
DISTRICT LIMITS TO APPN 3 COST 3 LOCAL COST RVN DATE
OTHER TYPE OF WORK APPN 4 COST 4 LOCAL CONT PHASE
COMMENTS APPN 5 COST 5 TOTAL COST
0912-71-658 VA
T CMAQ S250,400 200,320
HARRIS NORTH HOUSTON ON-STREET BIKEWAY SO 0 12/01/2001
HOUSTON NETWORK TO PHASE 2 SO 50,080
OTHER NORTH HOUSTON ON-STREET BIKEWAY SO S62,600 C,E,R
NETWORK-PHASE 2 SO 313,000
5 CMAQ
0912-71-689 VA CMAQ S3,903,000 3,122,400 960432-XX
HARRIS BARBOURS CUT QUEUE LANES 0 SO 12/01/2001
HOUSTON SO S780,600
OTHER CONSTRUCT QUEING LANES ALONG GEORGE SO SO C,E,R
ALTVATER ROAD(FRAFFIC CROSSOVER TO 0 3,903,000
5 CMAQ
0912-71-690 VA CMAQ S4,625,000 3,700,000 960433A-XX
HARRIS TRANSFER STATION AT INDUSTRIAL 0 SO 08/01/2002
HOUSTON 0 925,000
OTHER CONSTRUCT 8900'RR TRACK SO 0 C,E,R
0 4,625,000
5 CMAQ
0912-71-697 VA CMAQ 1,089,535 971,628 960722-XX
HARRIS GOOSE CREEK TRAIL-W TEXAS AVE.TO GARTH 0 SO 07/01/2004
HOUSTON ROAD SO 217,907
OTHER CONSTRUCT HIKE/BIKE TRAIL ALONG GOOSE SO S272,383 C,E,R
CREEK 0 1,361,918
5 CMAQ
0912-71-698 VA CMAQ W5,000 516,000 HO.HR.0154
HARRIS GOOSE CREEK TRAIL FROM S OF W TEXAS AVE TO 0 0 07/01/2004
HOUSTON W TEXAS AVE(PHASE 2) 0 129,000
OTHER CONSTRUCT HIKE/BIKE TRAIL 0 161,250 C,E,R
SUPPLEMENTAL FUNDING TO ENHANCEMENT PRO
0 806,250
S CMAQ
0912-71-699 VA CMAQ S850,000 S680,000 960432-XX
HARRIS BARBOURS CUT TERMINAL 0 0 12/01/2001
HOUSTON SO S170,000
OTHER ADDITIONAL RAIL TO BARBOURS CUT TERMINAL 0 0 C,E,R
0 850,000
5 CMAQ
HOUSTON-GALVESTON AREA COUNCIL
EXHIBIT C
i
ESTIMATED COST BREAKDOWN
Hams County
CSJ 0912-71-697
City of Baytown
Goose Creek Hike and Bike Trail
From West Texas Ave. to Garth Road in Baytown
CITY FEDERAL TOTAL
CONST. COST = 241,446.39 $965,785.57 $1,207,231.96
REVIEW COST = 8,000.00 $32,000.00 $40,000.00
CONST. E & C COST (9.5%) _ 22,937.41 $91,749.63 $114,687.04
TOTAL = 272,383.80 $1,089,535.20 $1,361,919.00
I
EXHIBIT D