Ordinance No. 10,724ORDINANCE NO. 10,724
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 ADVANCE
FUNDING AGREEMENT WITH THE STATE THROUGH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF
THE DIRECT CONNECTORS AND BRAIDED RAMP ALONG STATE
HIGHWAY 146 AT SPUR 330; 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 advance funding
agreement with the State through the Texas Department of Transportation for the construction of
the direct connectors and braided ramp along State Highway 146 at Spur 330. A copy of the
Agreement is attached hereto as 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 affirmativeVote of the City Council of the
City of Baytown this the 27th day of September, 2007.
STEPHEN H. DONCARLOS, Mayor
LORR COOKY, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., Cit\ Attorney
R:\Karen\Files\CityCouncil\Ordinances\2007\Seplcmber l3\TxDOTAdvanceFundingAgreement.doc
Exhibit "A"
CSJ: 0389-13-040
District #: 12-Houston
Code Chart 64: 03150
Project: SH 146: At Spur 330
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
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, Transportation Code, Chapters 201, 221, 227, and 361, 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, Government Code, Chapter 791, and Transportation Code, §201.209 and
Chapter 221, authorize the State to contract with municipalities and political
subdivisions; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 109862
awarding funding for projects in the 2006 Unified Transportation Program including this
Project generally described as the construction of direct connectors and braided ramp
along SH 146 at Spur 330, hereinafter called the "Project"; and
WHEREAS, the Local Government has agreed to participate in said improvement by
contributing to the construction costs of 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 Local Government do agree as follows:
AFA-AFA_VolTIP Page 1 of 5 9/27/2007
Revised 5/19/06
CSJ: 0389-13-040
District*: 12-Houston
Code Chart 64: 03150
Project: SH 146: At Spur 330
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 Local Government 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 and Work Responsibilities
The State will authorize the performance of only those Project items of work which the
Local Government has requested and has agreed to pay for as described in Attachment
A, Project Budget and Description 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, Project Budget and Description, also specifies those Project items of
work that are the responsibility of the Local Government and will be carried out and
completed by the Local Government, at no cost to the State.
The Local Government shall remit its financial share for the State's estimated
construction oversight and construction costs prior to the State's letting of the
construction contract or upon funding of the Local Government's and Baytown Municipal
Development District's State Infrastructure Bank loans, whichever is later.
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 by the State to the Project. 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.
Article 3. Right of Access
If the Local Government is the owner of any part of the Project site, the Local
Government shall permit the State or its authorized representative access to the site to
perform any activities required to execute the work.
Article 4. Adjustments Outside the Project Site
Not Applicable.
Article 5. 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
AFA-AFA_VolTIP Page 2 of 5 9/27/2007
Revised 5/19/06
and deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents.
Article 6. Document and Information Exchange
Not Applicable.
Article 7. Interest
The State will not pay interest on funds provided by the Local Government. Funds
provided by the Local Government will be deposited into, and retained in, the State
Treasury.
Article 8. Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A, Project Budget and Description, 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 Project 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 9. Increased Costs
Not Applicable.
Article 10. Maintenance
Upon completion of the Project, the State will assume responsibility for the maintenance
of the completed Project unless otherwise specified in Attachment A to this agreement.
Article 11. Termination
This agreement may be terminated in the following manner:
♦ by mutual written agreement and consent of both parties;
♦ by either party upon the failure of the other party to fulfill the obligations set forth
herein;
♦ by the State if it determines that the performance of the Project is not in the best
interest of the State.
A. In the event the Project is not constructed, the Local Government may seek
reimbursement from the State of the contributed funds.
B. Termination of this Agreement shall extinguish all rights, duties, obligations and
liabilities of the State under this Agreement.
Article 12. Notices
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CSJ: 0389-13-040
District #: 12-Houston
Code Chart 64: 03150
Project: SH 146: At Spur 330
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 or sent by electronic mail,
(electronic notice being permitted to the extent permitted by law but only after a
separate written consent of the parties), addressed to such party at the following
addresses:
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.
Article 13. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other
existing agreements between the Local Government and the State, the latest
agreement shall take precedence over the other agreements in matters related to the
Project.
Article 14. Successors and Assigns
The State and the Local Government 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 15. Amendments
By mutual written consent of the parties, this contract may be amended prior to its
expiration.
Article 16. State Auditor
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
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investigation must provide the state auditor with access to any information the state
auditor considers relevant to the investigation or audit.
Article 17. 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.
Article 18. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this
agreement on behalf of the party they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have
executed duplicate counterparts to effectuate this agreement.
THE LOCAL GOVERNMENT
City of Baytown
By Date.
Typed or Printed Name and Title
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 Date
District Engineer
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Revised 5/19/06
CSJ.
Districts
Code Chart 64:
Project:
0389-13-040
12-Houston
03150
SH 146: At Spur 330
ATTACHMENT A
Project Budget and Description
The State shail be responsible for the development andI th,, —ioh of *e direct
proposed Project.
ATTACHMENT A
Revised 5/19/06
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