Ordinance No. 10,065ORDINANCE NO. 10,065
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS; AUTHORIZING PAYMENT OF AN AMOUNT OF THIRTY -SIX
THOUSAND SIX HUNDRED FORTY -ONE AND 63/100 DOLLARS
($36,641.63) TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
THE RELOCATION OF A 16" CITY WATER LINE IN THE VICINITY OF
DECKER DRIVE AND SHADY HILL ROAD; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That the City Council of the City of Baytown hereby authorizes payment
from the Utility Capital Improvement Project Fund in the amount of THIRTY -SIX THOUSAND
SIX HUNDRED FORTY -ONE AND 63/100 DOLLARS ($36,641.63) to the Texas Department
of Transportation for the relocation of a 16" City water line in the vicinity of Decker Drive and
Shady Hill Road.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the
City of Baytown this the 12`h day of May, 2005.
CALVIN MUNDINGER, Mayor
ATTEST:
C Z W. SMI TTH, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR.&Aty Attorney
0 RAKarcnTitcs \City Council\Ordinances\2005Way 12\ TxDOTPaymcnt4Wateri.ineNearDeckcr &ShadyHill.doc
COUNTY Harris
CCSJ 0508-07-279
PROJECT NUMBER STP 98(219)MM
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 107506 authorizes the State to undertake and
complete a highway improvement generally described as the reconstruction of frontage roads with
drainage improvements on Spur 330 from IH 10 to 1.0 mile north of 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 removing and
relocating 56 LF of an existing sixteen-inch (16") diameter water main that runs parallel with the
East Frontage Road and is in conflict with the construction of the proposed 2-10'x 9' reinforced
concrete box crossroad culvert at Station 222+50(350 feet south of Shady Hill Road)of Spur 330,
hereinafter called the"Project", 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 4
AGREEMENT
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; or
♦ 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.
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.
Page 2 of 4
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.
Article 11. Increased 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 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.
Page 3 of 4
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,TILE STATE AND THE OUTSIDE ENTITY have executed duplicate
counterparts to effectuate this agreement.
T11E 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' on unde a authority of Minute Order 100002.
By Date � 7— O/
G Tri , P.E.
Disrict Eng eer, Houston District
THE OUTSIDE ENTITY
The City of Baytown
By Date July 10, 2001
onte Mercer
City Manager
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 4 of 4
COUNTY Harris
CCSJ 0508-07-279
PROJECT NUMBER STP 98(219)MM
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 removing and relocating 56 LF of
an existing sixteen-inch(16") diameter water main that runs parallel with the East Frontage Road
and is in conflict with the construction of the proposed 2-10'x 9' reinforced concrete box crossroad
culvert at Station 222+50 (350 feet south of Shady Hill Road)of Spur 330,as described in Change
Order No. 5 and Change Order No. 5-S. 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
$25,939.81, which includes contingencies and construction engineering.
THE SCHEDULE OF PAYMENT
One payment in the amount of$25,939.81 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 $25,939.81, 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 $25,939.81, 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
TEXAS DEPARTMENT OF TRANSPORTATION
CHANGE ORDER NUMBER: 5&5S (Supporting Supplemental Agreement No. N/A )
Advance Funding Agreement(Third Party Funding) Information
100%of$24,242.81
This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT.
1. Outside funding provided by: CCSJ. 0508-07-279
City of Baytown Project., STP 98(219)MM
(Outside Entity's Legal Name)
Highway., SP 330
Limits: From I.H.10 to 1.0 Mi.
2.Type of outside funding agreement for this change: [Check one J No.of S.H.146
❑ Existing ❑ Amended 0 New City CIP No: N/A
County. Hams
3.Indicate the type and amount of funding: District. HOU
❑ Fixed Price(Lump Sum) (Estimated Amount: ) Contract
Number: 05983046
n Actual Cost (Estimated Amount: $25,939.81 )
Contract Items(Bid Items): $24,242.81 1 hereby approve the modifications covered by Form CO
for this Change Order and agree to finance the
E&C ( 7.0% )' $1,697.00 additional costs,if any,as reflected by this form.
Subtotal $25,939.81 Advance Funding DateJailLy 10 2001
Indirect Cost ( 0.00% ) $0.00 By
TOTAL $25,939.81 Monte Mercer
Typed/Printed Name
City Manager—City o R yt-^ter,
Typed/Printed Title
' The percentage(%)for E&C(Engineering and Contingencies)charges varies from project to project from approximately 6%
to 11%depending on the contract amount of the project.Projects with higher contract amount will have the lower rate of
E&C charge. For a specific project,E&C rate(%)can be derived from the cost of"Engineering and Contingencies"in the
"Estimated Cost"of the project.
Use the statewide district rate as established by Finance Division each year. This line is for Service Project only,unless
otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for instructions.
Advance Funding for this Change Order has been arranged:
District Engineer Gary K. Trietsch, P.E Date
Typed/Printed Name: District Engineer
TXDOT Form CO-AFA 5-98R (Modified for Houston District use,3/99)
e
TEXAS DEPARTMENT_ OF TRANSPORTATION
} I.K L CHANGE ORDER NUMBER: 5 (Supporting Supplemental Agreement No. N/A )
ft?ro 5AeR
I.CONTRACTOR: Balfour Beatty Construction,Inc. ✓ CCSJ: 0508-07.279A,"
2.Change Order Work Limits: Sta.93+00 to Sta.185+00&LF.R.Sta.22Y+50. Project: STP 98(219)MM
3.Type of Change(on federal-aid non-exempt projects): Minor (Major/Minor) Highway: SP 330—'
If"Major"has CO been reviewed with FHWA?
County: Harris
4.Reasons: 2E,3F&2G (3 Max.-In order of importance-Primary first)
District: HOU
5.Describe the work being revised: Provides for adjusting the quantity
of four Items and adding two items to provide adequate stabilization at the Contract
block-outs for the frontage road pavement and to adjust an existing Number: 05983046�
sixteen-inch(16")diameter water main that is[it confI1ct with 2 40'k'9'
precast box culverts. Fed.Aid Exempt: ❑ J
Fed.Aid Non Exempt: p
6.New or revised plan sheet(s)&sketch(es)are attached and numbered: NIA
Each signatory hereby warrants that each has the authority to execute this Mange Order(CO).
The contraetormual alan fhe ClrarW Orderaad,by ddnp a%ayrew b The following Information must be provided
weAe any and a#dabs for addXbwl cwWwsaffm due to any and as
o0we ooenaexaddao Wdmn wforame,ove neadandp►oftorass Time Ext.#: 2 Days added on this CO: 5
of coffosawwa as a randt of a*eAanpa
Amount added by this change order. $23,358.77
THE CONTRACTOR
For TkDOT use only:
By �r/� M Days FHWA non-participating:
Typed/Printed Name Wtu.ksm CO portion FHWA non-participating: 0 ��
Typed/Printed Title .S R. CO portion financed by 3rd party finding:
RECOMMENDED FOR EXECUTION:
Director of Construction Date Area EnginefW Date
O APPROVED ❑ REQUEST APPROVAL
Director,Design Division Date District Engineer Date
❑ APPROVED ❑ REQUEST APPROVAL
Director,Trafff Date Director,Construction Division Date
y� •••:� ❑ APPROVED ❑ REQUEST APPROVAL
Area Engin Seal:
......................
•QUINCY•D�•ALLEN
;0,00 4 70848 p;�rr�� AED,Engineering Operations Date
Fs�.�;3�E;;r:•GC�.� APPROVED
`Q�ClMAL
Page 1 Form CO 5.981%(Mod'died for Houston District use,3W)
I
TEXAS DEPARTMENT OF TRANSPORTATION
CHANGE HANGE ORDER NUMBER: SS (Supporting Supplemental Agreement No. NIA )
1.CONTRACTOR: Balfour Beatty Construction,Inc.✓ CCSJ: 0508-07-279
2.Change Order Work Limits: Ste.222+50. Protect: STP 98 219 MM'�
3.Type of Change(on federal-aid non-exempt projects): Minor (Major/Minor) Highway. SP 330
If"Major"has CO been reviewed with FHWA?
4.Reasons: 2G (3 Max.-In order of Importance-Primary first) County: Harris
5.Describe the work being revised: Provides for Increasing the price of District; HOU
adjusting a 16"waterline due to the City of Baytown's newly required _ Contract
construction methods and inability to completely isolate their utility Number. 05983046
Fed.Aid Exempt: . ❑ `
Fed.Aid Non Exempt: O
6.New or revised plan sheet(s)&sketch(es)are attached and numbered: -WA
Each signatory hereby warrants that each has the authority to execute this Change Order(CO).
The contractor must sbn the ca area order and,by dit so,epm to The following Information must be provided
waW any and ad loans foradAbnal due to any and ell
? otherwpenses;adcMnaldwVesfor overlie swpmnorbsa Time Ext.#: WA Days added on this CO: 0
olc»mpensetron os a resultofddb
THE CONTRA TOR at Amount added by this change order. $8,312.84
e 3 I b l
For Wor use only:
By Days FHWA non-participating:
Typed/Printed Name W►Lt'AM tAtlktYl CO portion FHWA non-participating:
Typed/Printed Title {l. V.p. CO portion financed by 3rd party funding: % —L
RECOMMENDED FOR EXECUTION:
Gar Rw, : .,A&I Rcp/
Director of Construction Date Area EngineeV Date
O APPROVED ❑ REQUEST APPROVAL
Director,Design Division Date District Engineer Date
❑ APPROVED ❑ REQUEST APPROVAL
Director,Traffic Ope tions Division Date Director,Construction Division Date
Area Engin
❑ APPROVED ❑ REQUEST APPROVAL
♦ F•;E,t'
...................:..
QUINCY D. ALLEN AED,Engineering Operations Date
••••••'••'•""•'••••' APPROVED
o 70M8 •�.e,
OQ�s.�p`O�`�4i Page 1 Form CO&98R(Modified for Houston Distdd use,3/99)
S�NAL E
t