Ordinance No. 10,596ORDINANCE NO. 10,596
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE INTERIM CITY
MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN
ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR
THE TEXAS AVENUE STREETSCAPE PROJECT; MAKING OTHER
PROVISIONS RELATED THERETO; 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 Interim City Manager to execute and the City Clerk to attest to an advance
funding agreement with the State of Texas for the Texas Avenue Streetscape Project. 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 26th day of April, 2007.
. DONCARLOS, Mayor )
APPROVED AS TO FORM
TONACIO RAMIREZ, SR., (fitf Attorney
R:\Karen\FilesVCityCouncil\Ordinances\2007\April 26\TexasAvcnueStreetscapcAdvancedFundingAgrcement.doc
Exhibit "A"
CSJ: 0912-70-009
District: Houston
Code Chart 64: 03150
Project: VA: Various
Locations in Baytown
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
FORA
CATEGORY 10 FEDERAL DEMONSTRATION PROGRAM
THIS AGREEMENT (the Agreement) is made by and between the State of Texas,
acting by and through the Texas Department of Transportation hereinafter called the
"State", and the City of Baytown, Texas, acting by and through its duly authorized
officials, hereinafter called the "Local Government."
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation
improvements to implement its public purposes; and
WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish
that the State shall design, construct and operate a system of highways in cooperation
with local governments; and
WHEREAS, federal and state laws require local governments to meet certain contract
standards relating to the management and administration of State and federal funds;
and
WHEREAS, the State and the Local Government desire to implement streetscape
improvements on Texas Avenue from Main Street to Decker Drive at the location shown
on the map in Attachment "B", to be hereinafter identified as the "Project"; and
WHEREAS, the Texas Transportation Commission passed Minute Order 108812,
awarding funding for Projects in the Unified Transportation Improvement Program,
including this Project; and
WHEREAS, on April 28, 2006, the Metropolitan Planning Organization passed
Amendment 90 to the 2006-2008 Transportation Improvement Program, which is
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attached hereto and made a part hereof as Attachment "C"; that allocates Federal
funds for the Project; and
WHEREAS, the Local Government 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 mitigation, design plans, specifications and estimates (PS&E);
accomplishing the adjustment of the utilities; and acquisition of right of way; and
providing other necessary items required by the State; and
WHEREAS, the Governing Body of the Local Government has approved entering into
this Agreement by resolution or ordinance dated which is
attached hereto and made a part hereof as Attachment "A";
WHEREAS, the State will secure the federal cost share review the engineering and
PS&E, let the construction contract provide the construction inspection, and provide
other items as required; and
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:
AGREEMENT
1. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing
makes the Agreement fully executed. This Agreement shall remain in effect until the
Project is completed or unless terminated as provided below.
2. Scope of Work
The State and the Local Government agree that the scope of the Project is to
complete the streetscape improvements on Texas Avenue from Main Street to
Decker Avenue in Baytown, Texas. The Streetscape project is a component of a
master-planned revitalization of the downtown area which includes, but is not limited
to, the installation of pavers, landscaping and sidewalk reconstruction or
reconfiguration.
3. Local Project Sources and Uses of Funds
a. The total estimated cost of the Project is shown in the Project Budget -
Attachment "D" which is attached hereto and made a part hereof. The expected
cash contributions from the federal or State government, the Local
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District: Houston
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Project: VA: Various
Locations in Baytown
Governments, or other parties is shown in Attachment "D". The State will pay for
only those project costs that have been approved by the Texas Transportation
Commission. Any work done prior to federal authorization will not be eligible for
reimbursement. It is the Local Government's responsibility to verify that the
Federal Letter of Authority has been issued for the work covered by this
Agreement.
b. This project cost estimate shows how necessary resources for completing the
project will be provided by major cost categories. These categories may include
but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs
of environmental assessment and remediation; (4) cost of preliminary
engineering and design; (5) cost of construction and construction management;
and (6) any other local project costs.
c. The State will be responsible for securing the Federal and State share of the
funding required for the development and construction of the local project. If the
Local Government is due funds for expenses incurred, these funds will be
reimbursed to the Local Government on a cost basis.
d. The Local Government will be responsible for all non-federal or non-State
participation costs associated with the Project, including any overruns in excess
of the approved local project budget unless otherwise provided for in this
Agreement or approved otherwise in an amendment to this Agreement.
e. Not Applicable.
f. In the event that the State determines that additional funding by the Local
Government is required at any time during the Project, the State will notify the
Local Government in writing. The Local Government shall make payment to the
State within thirty (30) days from receipt of the State's written notification.
g. Whenever funds are paid by the Local Government to the State under this
Agreement, the Local Government shall remit a check or warrant made payable
to the 'Texas Department of Transportation Trust Fund." The check or warrant
shall be deposited by the State in an escrow account to be managed by the
State. Funds in the escrow account may only be applied to the State Project.
h. Upon completion of the Project, the State will perform an audit of the Project
costs. Any funds due by the Local Government, the State, or the Federal
government will be promptly paid by the owing party. If, after final Project
accounting, excess funds remain in the escrow account, those funds may be
applied by the State to the Local Government's contractual obligations to the
State under another advance funding agreement.
i. The State will not pay interest on any funds provided by the Local Govemment.
j. If a waiver has been granted, the State will not charge the Local Government for
the indirect costs the State incurs on the local project, unless this Agreement is
terminated at the request of the Local Government prior to completion of the
project.
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CSJ: 0912-70-009
District: Houston
Code Chart 64: 03150
Project: VA: Various
Locations in Baytown
k. If the project has been approved for a "fixed price" or an "incremental payment"
non-standard funding or payment arrangement under 43 TAC §15.52, the budget
in Attachment "D" will clearly state the amount of the fixed price or the
incremental payment schedule.
I. If the Local Government is an Economically Disadvantaged County and if the
State has approved adjustments to the standard financing arrangement, this
Agreement reflects those adjustments.
m. The state auditor may conduct an audit or investigation of any entity receiving
funds from the state directly under the contract or indirectly through a
subcontract under the contract. Acceptance of funds directly under the contract
or indirectly through a subcontract under this contract acts as acceptance of the
authority of the state auditor, under the direction of the legislative audit
committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state
auditor with access to any information the state auditor considers relevant to the
investigation or audit.
The State will not execute the contract for the construction of the project until the
required funding has been made available by the Local Government in accordance
with this Agreement.
4. Termination of this Agreement
This Agreement shall remain in effect until the project is completed and accepted by
all parties, unless:
a. the Agreement is terminated in writing with the mutual consent of the parties;
b. the Agreement is terminated by one party because of a breach, in which case
any cost incurred because of the breach shall be paid by the breaching party; or
c. the Local Government elects not to provide funding after the completion of
preliminary engineering, specifications and estimates (PS&E) and the Project
does not proceed because of insufficient funds, in which case the Local
Government agrees to reimburse the State for its reasonable actual costs
incurred during the Project.
5. Amendments
Amendments to this Agreement due to changes in the character of the work or
terms of the Agreement, or responsibilities of the parties relating to the Project may
be enacted through a mutually agreed upon, written amendment.
6. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any
agreement default, but all remedies existing at law and in equity may be availed of
by either party to this Agreement and shall be cumulative.
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7. Utilities
If any of the work necessary to complete the Streetscape improvements encroaches
upon existing utilities and proposed Project construction requires the adjustment,
removal or relocation of such utility facilities, the Local Government 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 Local Government shall be
responsible for the adjustment, removal, or relocation of utility facilities in
accordance with applicable State laws, regulations, rules, policies, and procedures,
including any cost to the State of a delay resulting from the Local Government's
failure to ensure that utility facilities are adjusted, removed, or relocated before the
scheduled beginning of construction. The Local Government will not be reimbursed
with federal or state funds for the cost of required utility work. The Local
Government must obtain advance approval for any variance from established
procedures. Before a construction contract is let, the Local Government shall
provide, at the State's request, a certification stating that the Local Government has
completed the adjustment of all utilities that must be adjusted before construction is
completed.
8. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National
Environmental Policy Act and the National Historic Preservation Act of 1966, which
require environmental clearance of federal-aid projects.
a. The Local Government is responsible for the identification and assessment of
any environmental problems associated with the development of a local project
governed by this Agreement.
b. The Local Government is responsible for the cost of any environmental
problem's mitigation and remediation.
c. The Local Government is responsible for providing any public meetings or public
hearings required for development of the environmental assessment. Public
hearings will not be held prior to the approval of project schematic.
d. The Local Government is responsible for the preparation of the NEPA
documents required for the environmental clearance of this project.
e. The Local Government shall provide the State with written certification from
appropriate regulatory agency(ies) that identified environmental problems have
been remediated.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this Agreement shall ensure that the plans for and the construction of
all projects subject to this Agreement are in compliance with the Texas Accessibility
Standards (TAS) issued by the Texas Department of Licensing and Regulation,
under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS
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establishes minimum accessibility requirements to be consistent with minimum
accessibility requirements of the Americans with Disabilities Act (P.L. 101-336)
(ADA).
10. Architectural and Engineering Services
The Local Government will prepare or cause to be prepared the Project's
preliminary engineering, including environmental documents necessary for the
development of the Project. Development of the preliminary engineering shall
include, but not be limited to, preparing the environmental assessment, right of way
mapping, property descriptions, and schematic layout; performing field surveys;
preparing a drainage study; and conducting public meetings/hearings. The State
will review and approve the scope of work for the consultant preparing the
preliminary engineering for the Local Government.
The engineering plans shall be developed in accordance with the applicable State's
Standard Specifications for Construction and Maintenance of Highways, Streets and
Bridges, and the special specifications and special provisions related thereto, 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 Officials A Policy on Geometric Design of Highways and Streets,
Federal regulations for conformity with the Clean Air Act air quality requirements, the
EPA-National Pollutant Discharge Elimination System requirements, the Texas
Manual on Uniform Traffic Control Devices, and the American Association of State
Highway and Transportation Officials Guide For The Development of Bicycle
Facilities. 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.
The Local Government must comply with applicable State and Federal rules and
procedures in selection of the consultant to provide engineering services for the
Project 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 Local Government's selection process for adherence to
Federal rules and procedures. The consultant selected by the Local Government
shall be subject to the approval of the State. The Local Government must submit a
copy of the consultant's contract to the State for approval prior to the consultant
starting work. The Local Government shall forward to the State a copy of the
completed engineering and design plans for review.
The State shall reimburse the Local Government funds which have been incurred
and are applicable to the federal cost sharing arrangement established herein. The
payments to the Local Government for services rendered will be made monthly
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based upon the Local Government'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 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 Local
Government 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 Local Government of the responsibility of
correcting any errors and/or omissions resulting from negligence.
The original Form 132, or an invoice that is acceptable to the State and (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.
The State shall perform a 30 percent, 60 percent, 90 percent and final review of the
engineering plans, specifications and estimate work being developed by the Local
Government's consultant. The State will also review all geotechnical, surveying,
schematic, bridge layout, design, environmental, hydraulic reports and data
submitted by the Local Government, process environmental documents and oversee
any necessary public involvement.
If the Local Government has submitted work in accordance with the terms of this
contract but the State requests changes to the completed work or parts thereof
which involve changes to the original scope of services or character of work under
the contract, the Local Government shall make such revisions as requested and as
directed by the State and the work will not be approved by the State unless such
changes are made.
The Local Government shall be responsible for the accuracy of work and shall
promptly make necessary revisions or corrections resulting from its errors,
omissions, or negligent acts. Approval by the State is subject to the prompt
accomplishment by the Local Government of necessary revisions or corrections
resulting from its errors, omissions, or negligent acts.
The Local Government's responsibility for all questions arising from design errors
and/or omissions will be determined by the State. The Local Government will not be
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District: Houston
Code Chart 64: 03150
Project: VA: Various
Locations in Baytown
relieved of the responsibility for subsequent correction of any such errors or
omissions.
The responsible Engineer shall sign, seal and date all appropriate engineering
submissions to the State in accordance with the Texas Engineering Practice Act and
the rules of the Texas Board of Professional Engineers.
In procuring professional services, the parties to this Agreement must comply with
federal requirements cited in 23 CFR Part 172 if the project is federally funded and
with Texas Government Code 2254, Subchapter A, in all cases.
Professional services contracts for federally funded projects must conform to federal
requirements, specifically including the provision for participation by Disadvantaged
Business Enterprises (DBEs), ADA, and environmental matters.
11. Construction Responsibilities
a. The Local Government shall have its own construction contract letting and award
procedures approved by the State or the Local Government shall agree to use
the applicable Local Government Project Procedures provided by the State at
the following website: httD://theState-webdev/business/localaov.htm. The Local
Government 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.
b. The Local Government shall notify the State once the project is advertised for
bids.
c. Once the bid tabulations have been received, the Local Government shall obtain
approval from the State prior to awarding the contract to the successful bidder.
The Local Government must submit a right of way certification stating that right
of way acquisition is complete or no right of way is needed before the State will
approve the bid.
d. The State will be responsible for auditing and construction oversight.
e. The Local Government shall notify the State before actual construction work on
State right of way begins. Said notification shall include, but is not limited to:
invitation to all pre-letting and pre-construction meetings; invitation to all work-in-
progress meetings; and a minimum of 3 workdays notice prior to performing
major items of work (such as placing or modifying traffic control plans, pouring
any concrete items, and/or performing any work items on the existing or
proposed traffic signal system) on the project.
f. The Local Government shall submit all change order plan work and associated
items to the State for their review and approval prior to enacting any change
order associated with the project. The Local Government or its engineer will
supervise and inspect all work performed by the construction contractor and will
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District: Houston
Code Chart 64: 03150
Project: VA: Various
Locations in Baytown
provide such engineering, inspection and testing services as may be required to
ensure that the construction of the Project is accomplished in accordance with
the approved PS&E. The Local Government shall test (or cause to be tested) all
construction bid item materials and equipment in accordance with The State
testing standards. The Local Government shall provide written results of the
various tests to the State within 3 workdays following the completion of each test.
In cases where a material or an equipment test indicates that the material or
equipment fails to meet The State standards, the Local Government shall
recommend a course of corrective action to the State. The State shall have the
authority to accept or reject the corrective action. If the corrective action plan is
rejected by the State, the Local Government shall continue to seek-out a
corrective action plan until it develops one that is acceptable to the State. All
costs associated with material and/or equipment corrective actions shall be
borne solely by the Local Government.
g. The Local Government shall inspect all construction bid item work to ensure that
it is performed in accordance with applicable The State standards and
specifications.
h. The Local Government shall submit all concrete mix designs to the State for
approval, prior to use on the project.
i. The State shall have and retain oversight of all inspection of all items of work
performed within the State right-of-way.
j. The State shall periodically inspect the project's signs, barricades and traffic
control plan to ensure compliance with the Texas Manual on Uniform Traffic
Control Devices (TxMUTCD). The State shall attend all pre-work and pre-
construction meetings.
k. Upon completion of the Project, the party constructing the project will issue and
sign a "Notification of Completion" acknowledging the Project's construction
completion.
I. For federally funded contracts, the parties to this Agreement will comply with
federal construction requirements cited in 23 CFR Part 635 and with
requirements cited in 23 CFR Part 633, and shall include the latest version of
Form "FHWA-1273" in the contract bidding documents. If force account work will
be performed, a finding of cost effectiveness shall be made in compliance with
23 CFR 635, Subpart B.
12. Project Maintenance
Upon completion of the Project, the Local Government will assume responsibility for
the completed Project, unless otherwise provided for in existing maintenance
agreements with the Local Government.
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District: Houston
Code Chart 64: 03150
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Locations in Baytown
13. Right of Way and Real Property
The Local Government is responsible for the provision and acquisition of any
needed right of way or real property.
The Local Government shall assume all costs in preparing right-of-way maps,
property descriptions and other data as needed to properly describe the right-of-way
which the Local Government is to acquire and provide the State. The right-of-way
maps and property descriptions shall be submitted to the State for review and
approval. Tracings of the right-of-way maps shall be furnished to the State for its
permanent records.
Title to right of way and other related real property must be acceptable to the State
before funds may be expended for the improvement of the right of way or real
property. If the Local Government is the owner of any part of a Project site, the
Local Government shall permit the State or its authorized representative access to
occupy the site to perform all activities required to execute the work.
All parties to this agreement 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 in conveying the real property to the Local Government, and
benefits applicable to the relocation of any displaced person as defined in 49 CFR
Section 24.2(g). Documentation to support such compliance must be maintained
and made available to the State and its representatives for review and inspection.
If the Local Government purchases right of way for a Local Government street, title
will be acquired in the name of the Local Government in accordance with applicable
laws unless specifically stated otherwise and approved by the State.
The Local Government shall be responsible for all right of way acquisition costs and
these costs shall not be eligible for Federal reimbursement under this Agreement.
14. Notices
All notices to either party by the other required under this Agreement shall be
delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to
such party at the following addresses:
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Local Government: State:
Mr. Bob Leiper Mr. Gary K. Trietsch, P.E.
Deputy City Manager District Engineer
City of Baytown, Texas Texas Department of Transportation
P. O. Box 424 P. O. Box 1386
Baytown, Texas 77522-0424 Houston, Texas 77251 -1386
All notices shall be deemed given on the date so delivered or so deposited in the
mail, unless otherwise provided herein. Either party may change the above address
by sending written notice of the change to the other party. Either party may request
in writing that such notices shall be delivered personally or by certified U.S. mail and
such request shall be honored and carried out by the other party.
15. Legal Construction
If one or more of the provisions contained in this Agreement shall for any reason be
held invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions and this Agreement shall be
construed as if it did not contain the invalid, illegal or unenforceable provision.
16. 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.
17. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the
State shall remain the property of the State. All data prepared under this Agreement
shall be made available to the State without restriction or limitation on their further
use. All documents produced or approved or otherwise created by the Local
Government shall be transmitted to the State in the form of photocopy reproduction
on a monthly basis as required by the State. The originals shall remain the property
of the Local Government.
18. Compliance with Laws
The parties shall comply with all Federal, State, and Local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any manner affecting the performance of this
Agreement. When required, the Local Government shall furnish the State with
satisfactory proof of this compliance.
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19. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement's subject matter.
20. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in OMB Circular A-87 that specify that all reimbursed costs
are allowable, reasonable and allocable to the Project.
21. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR
§18.36 and with the property management standard established in Title 49 CFR
§18.32.
22. Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers,
accounting records and other documentation relating to costs incurred under this
Agreement and shall make such materials available to the State, the Local
Government, and, if federally funded, the Federal Highway Administration (FHWA),
and the U.S. Office of the Inspector General, or their duly authorized representatives
for review and inspection at its office during the contract period and for four (4)
years from the date of completion of work defined under this contract or until any
impending litigation, or claims are resolved. Additionally, the State, the Local
Government, and the FHWA and their duly authorized representatives shall have
access to all the governmental records that are directly applicable to this Agreement
for the purpose of making audits, examinations, excerpts, and transcriptions.
23. Office of Management and Budget (OMB) Audit Requirements
The parties 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 A-133.
24. Civil Rights Compliance
The Local Government shall comply with the regulations of the Department of
Transportation as they relate to nondiscri mi nation (49 CFR Chapter 21 and 23 CFR
§710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as
amended by Executive Order 11375 and supplemented in the Department of Labor
Regulations (41 CFR Part 60).
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25. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise
Program requirements established in 49 CFR Part 26.
26. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is
debarred or suspended or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549, "Debarment and
Suspension."
The parties to this contract shall require any party to a subcontract or purchase
order awarded under this contract to certify its eligibility to receive Federal funds
and, when requested by the State, to furnish a copy of the certification in
accordance with Title 49 CFR Part 29 (Debarment and Suspension).
27. Lobbying Certification
In executing this Agreement, the signatories certify to the best of his or her
knowledge and belief, that:
a. No federal appropriated funds have been paid or will be paid by or on behalf of
the parties to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with federal contracts, grants,
loans, or cooperative agreements, the signatory for the Local Government shall
complete and submit the federal Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
c. The parties shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
By executing this Agreement, the parties affirm this lobbying certification with
respect to the individual projects and affirm this certification of the material
representation of facts upon which reliance will be made. Submission of this
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certification is a prerequisite for making or entering into this transaction imposed by
Title 31 U.S.C. §1352.
Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
28. Insurance
If this agreement authorizes the Local Government or its contractor to perform any
work on State right of way, before beginning work the entity performing the work
shall provide the State with a fully executed copy of the State's Form 1560
Certificate of Insurance verifying the existence of coverage in the amounts and
types specified on the Certificate of Insurance for all persons and entities working on
State right of way. This coverage shall be maintained until all work on the State
right of way is complete. If coverage is not maintained, all work on State right of
way shall cease immediately, and the State may recover damages and all costs of
completing the work.
29. Signatory Warranty
The signatories to this Agreement warrant that each has the authority to enter into
this Agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be
executed in duplicate counterparts.
THE LOCAL GOVERNMENT
Name
Printed Name and Title
Date
AFALongGen Page 14 of 15 4/11 /2007
Revised 8/16/06
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.
Janice Mullenix
Director of Contract Services Section
Office of General Counsel
Texas Department of Transportation
Date
AFALongGen
Revised 8/16/06
Page 15 of 15 4/11/2007
CSJ: 0912-70-009
District: Houston
Code Chart 64: 03150
Project: VA: Various
Locations in Baytown
ATTACHMENT A
Resolution or Ordinance
Page 1 of 1 Attachment A
DECKERS!.
ELMWOOD
^ IDLEWOOD
P LINDENWOOD
ROSEWOOD
FLEETWOOD
LOBIT
FOREST
HARVEY
LIVE
MARION
OAK
H
Lee
College
p
P^c,
HARDING
DENBY
UNION
r
"■>.-
-/. , f
ArrACIIMENT"B"
TEXAS AVENUE STREETSCAPE PROJECT
(FROM MAIN ST. TO DECKER DR.)
CS.I: (W12-70-009
VARIOUS LOCATIONS IN HAYTOWN
Toxaa
'Dtpartment
7"t Transportation
• I'KOJI-flS
Ihtrris t iHUHy
I:win I . H.:\ li-.
2006-2008 TRANSPORTATION IMPROVEMENT PROGRAM
District: Houston
Type of Amendment: Administrative TPC X
Program: CMAO X STP X TRANSTT
STIP Revision X
OTHER X
Highway: Various TIP Number: See table, attached CSJ: See table, attached
Limits; See table, attached.
Type of Work: See table, attached
Requested Amendment: Add the new projects funded by DEMO funds into the 2006-2008 TIP and
add Category 10 DEMO funds to CSJ 0027-12-121, as shown in the table, attached.
Comments:
2006-2008 TIP Amendment Number:
Approved By:
Alan Clark
MPO Director
Houston-Galveston Area Council
Date
Tom Reid
Secretary
Transportation Policy Council
90
Date
Carol W. Nixon,
Director of District
Transportation Planning
TxDOT, Houston District
Date
Attachment C
Page 1 of 2
TABLE PAGE 1
2006-2008 TRANSPORTATION IMPROVEMENT PROGRAM
AMENDMENT 90
HOUSTON-GALVESTON MPO
4/24/2006
ORIGINAL
CSJ
DBTRJCT
COUNTY
are
NAME OR DESIGNATION
LOCATION (FROM)
LOCATION (TO)
DESCRIPTION OF WORK
COMMENTS
APPNCATl COSTI
awn cat; costj
appncat3 costj
AFPNCAT4 COST a
FEDERAL
STATE
LOCAL
LCLCONTRIB
PRO! ID
LETOATE
RVNDATE
PHASE
FY2006
HOUSTON
FORT BEND
OTHER
ATSH99
CONSTRUCT INTERCHANGE FOR US 59 AND SH 99
METRO-TMA
MISC
OBT DISCS
CMAQ
iCMAO
S3.O0O.0O0
$3,000,000
SO34J64
SO
S24.0O0.O00
M.O0O.OO0
$0
S7.ooa.ooo
S17.O0O.000
10589
io/moj
03/2001
CEJt
FY2008
Attachment C
Page 2 of 2
ATTACHMENTD
Project Budget And Description
The Local Government will participate in the development and construction of the
Streetscape improvements. The Federal Government's participation is one hundred
percent (100%) of the actual cost of the work up to the amount approved for the
Project, which shall not exceed $700,000. The Local Government will be responsible
for all non-Federal or non-State participation costs associated with the Project. The
State has estimated the Project to be as follows:
Description Total
Estimate
Cost
Federal
Participation
State
Participation
Local
Participation
Streetscape
Improvements
$589,743.59 100.00% $589,743.59 0.00%
mfflmmm
Direct State Costs
(including plan
review, inspection
and oversight)
$110,256.41 100.00% $110,256.41 0.00%
$700,000.00 $700,000.00
Direct State Cost will be based on actual charges.
The estimated cost for the State's review of the preliminary plans, specification, and
engineering (PS&E) work is currently estimated to be $10,000. It is further understood
that the State will include only those items of improvements as requested and required
by the Local Government. This is a preliminary estimate only.
Page 1 of 1 Attachment D