Ordinance No. 10,872ORDIN'AN('E N() H),872
AN OR D IN AN ('F (A" TW CITY (A) UNCIL OF ]"I Ii. OF 13„a; Y]'(:)WN, TF',XAS,
AL,T'HOR0N(� THE CATY NIANA(JER''TO [`;'-VNJ) THE CITY (1.1'10" TO
.ATTFST TO AN INTERLOCA1 AGRFEMFNT W111-1 THE BAY110K
KAUNKIPAL DISTPAUT 1' "1'G\R'D1N6 FJ,�""�,ul G roi 'mr,
SWIM MAIVAUXANDER TRAFFK' SK,"uNAI SYNCHRONIZA'run 10TWU:
ALITHORIZING TIV CITY MANAGER TO IWAKTF AND 11H.-CITY (A.-F,:RK TO
UTEST-11) AN ADVANCT FUNEHNG AGRUNIFNT WITH WE KFATA� OF
TEXAS T I WARKA I THE TEXAS TRANSP()RTA]"10N ('0. %vli I S S 10 N �
AL'IHOR'Ly�ING P N"CMF,,T 10 THE STATE ('.)F TEXAS 01" A II !1 OF TWO
11UNDREDW0LJSA,'ND AND =100 DOLLARS (S'20(.),000.00), MAKIN 0"HIER
PROVISIONS F,ELATED THERPTO: AND PROVIDING F()R THF' 1-,',FF`E('TlVF�
L)ATF--Flll"REOF.
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RL ruORDAINI'D BY THF (.IT "a" ('0UNC"H-0F THE"J'IT)"OF
"d:arwtnwlra l: W We (1, Cbwwd oF dw (4y of Baywwn, Texas, 1wreby audmubTs We Uv,
Managur lo execuw and We (10 (lot to mw to an InWHocod Agreernent wil the 13mytown Municipal
De%'elopment f"),istricl wgWANg 16ndin'vg t"61' 1he ',w'onh W&AWAander 1'raffic Signal Synchronizamw
flrcwjcct, \ copy of ; „6d agwenwnt is aundied hew ;N ExhRO -A,- and Aworpomod hemb Or Al
iMCHIS MId J)LIIJIUSCS.
Saw” 2: Tha the (My COund of Q (Ay of Baytown, Te,,,a as, hereby aulhorize.,; the ('qty
Wwwger to execwt., oind the ('iiy Clerk to anest lo an Ad% ance Fiflldilig Ag7FCCMIC[lt \Vith the SWC (4,
Was Onuugh the Tunas ljawpmiathm ('mmIlISSIML A aTy of Wd apvement is attached 1wrwo n"
EWA -B! and WoMomwd heR!n Or &I Amems and puqumes
Sectiion."� ..l luaus the Chv (bundl oc w city or Hapown atolmulzes ainds payable U) iW"
suaeof fixas W an mnowrt of -4415 1 WNDRED THOL&A",,E) AND NiO 00 F),1011ARS
hu accordu'ice,,d idi Me AgNetnent awhwied 0 Own 2 hwAnAnw.
Sec on 4: That pursuaw to the pnwkhms of Tema Lwal (ANunmetH (We Annotated
§ 252M48, We (Thy Manager is lwr&y gmnwd gentral nudwQ m approve any change order inNtflving to
decrease or an Wrease in cow of I VVENTYQU THOUSAND AND NO/1W DOLKIRS
(S25MOOMO) or less, si;Qjeci to Me pwvkbn thi dw origbal ec"wact juice inay not he increased by incmv
Man meng-five percent (25% w decreased by imire than 1weiny-fNe pavan (200 WW the consum
OF111C C0f1tr,'KA0F10 SUCh deicica,e,
Se a% 5: -rhis oniance shaH ule can, knmelmet fh,mi out !R for is passage hyole
coy conw orwo city orByla" n.
ative vote of ('4 ("ouncil oi- the C'ity Of
lNTR,0D(;('EH. RFAD and PASSED by the aMrm,
th s the I O dav oi'Apr0, 200N,
`�',TVIIIIEN 11. l)()N(',AR1 01S.Vlayor,
DARNFLL, Cly Clak
AVVROVED ASTC) F'ORN/E
`� ir
N. KNNn 1 6o ".`w ( w k d t 4 dwo no I H1 VmH 0 M n i Uwn 4 , A A N W m % 0 coda 4 ymlzm mN 4'a'„ ,wA i'."a..
AGREEMENT FOR FUNDING OF THE NORTH
MAIN /ALEXANDER TRAFFIC SIGNAL SYNCHRONIZATION
PROJECT
STATE OF TEXAS
COUNTY OF HARRIS
This Agreement for Funding of the North Main /Alexander Traffic Signal Synchronization Project
(the "Agreement ") is made as of the day of April. 2008, by and between the CITY OF BAYTOWN,
a municipal corporation located in Harris and Chambers Counties, Texas, (the "City ") and the
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas Local
Government Code, as amended, (the "Act ") and located in Harris County, Texas, (the "District "). For
and in consideration of the mutual covenants herein contained, it is agreed as follows:
Section 1. Representations and Warranties of District.
a) The District is engaged in an on -going effort to provide new resources to plan, acquire,
establish, develop, construct and /or renovate one or more development projects beneficial
to the District, which includes the incorporated limits of the City lying within Harris
County.
b) The District covenants that it shall actively work to productively coordinate its activities
with the City in an effort to reduce duplication of services.
C) The District represents and warrants that it has been properly created and is duly
authorized pursuant to the Act to enter into this Agreement.
Section 2. Description of Program.
The City, with the assistance of the District as herein specified, agrees to enter into an advance
funding agreement with the State of Texas, which through the Texas Transportation Commission,
awarded funding for the North Main /Alexander Traffic Signal Synchronization Project (the "Project ").
The Project will include the synchronization of the following signalized intersections:
1. North Main & Cedar Bayou Lynchburg
2. North Main & Baker
3. North Main & Massey
Tompkins /Rol lingbrook
4. North Main & Y.M.C.A.
5. North Main & Bob Smith
6. North Main & Midway /Harold
7. North Main & S.H. 146
8. North Main & Cedar Bayou
9. North Main & Park
10. North Main & Williams
11. North Main &Ward
12. North Main & Fayle
13. North Main & James
14. North Main & Sterling
15. North Main & Defee
16. North Main & Texas
17.Alexander & McKinney
18.Alexander & S.H. 146
19.Alexander &Cedar Bayou
20. Alexander & James Bowie
21. Alexander & Lacy
22. Alexander & Ward
23. Alexander & Fayle
24. Alexander & James
25. Alexander & Defee
26. Alexander & Texas
Section 3. Reports.
The City shall prepare and submit to the District within 120 days after the end of each fiscal year
during the term of this Agreement a verbal or brief written report describing the services performed by the
'rl,i,l77M
Agreement for Funding of Right -of -Way Acquisitions, Page I
City pursuant to this contract during the previous year along with a summary of expenditures for the
previous fiscal year.
Section 4. Approvals.
The District understands, hereby directs and authorizes the City to make any Project clarifications
and/or modifications as may be necessary as determined by the City in its sole discretion.
Section 5. Funds to be provided by the District.
For and in consideration of the services to be provided by the City in furtherance of this
Agreement, the District shall tender funds to the City in an amount not to exceed TWO HUNDRED
THOUSAND AND NO /100 DOLLARS (5200,000.00). All payments required to be made herein shall be
payable on or before 30 days after the District receives an invoice therefor from the City.
Section 6. Term.
This Agreement shall be effective upon execution by the City Manager, and shall expire thirty
(30) days after final completion and acceptance of the Project by the City, unless sooner terminated by
either party hereto pursuant to the terms hereof.
Section 7. Termination for Cause.
A party may terminate its performance under this contract only upon default by the other party.
Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of
this Agreement required to be performed or observed by that party. Should such a default occur, the party
against whom the default has occurred shall have the right to terminate all or part of its obligations under
this contract as of the 30`h day following the receipt by the defaulting party of a notice describing such
default and intended termination, provided: (1) such termination shall be ineffective if within said 30 -day
period the defaulting party cures or has commenced the cure of the default, or (2) such termination may
be stayed, at the sole option of the party against whom the default has occurred, pending cure of the
default.
Upon the termination of this Agreement, both parties shall be relieved of their respective
obligations herein stated, except for those referenced in Section 9 hereinbelow. This Agreement shall not
be subject to termination for convenience.
Section S. Force :Majeure.
Any prevention, delay, nonperformance, or stoppage due to any of the following causes shall
excuse nonperformance for the period of any such prevention, delay, nonperformance, or stoppage,
except the obligations imposed by this Agreement for the payment of funds allocated Ior the District's
programs. The causes referred to above are strikes, lockouts, labor disputes, failure of power, acts of
God, acts of public enemies of this State or of the United States, riots, insurrections, civil commotion.
inability to obtain labor or materials or reasonable substitutes for either, governmental restrictions or
regulations or controls, casualties or other causes beyond the reasonable control of the party obligated to
perform.
Section 9. Refund and Payment upon Termination.
Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the
City, the City hereby agrees to refund all unexpended, unappropriated monies previously paid by the
District to the City pursuant to this Agreement. If at the time of termination the District owes the City
monies, the District shall remit to the City the appropriate amount computed as of the effective date of the
termination.
Agreement for Funding of Right- of- Way Acquisitions, Page 2
Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the
District, the District hereby agrees to pay the total amount committed in Section 5 hereof on or before the
effective date of the termination.
Section 10. Parties in Interest.
This contract shall bind and benefit the City and the District and shall not bestow any rights upon
any third parties.
Section 11. Non- waiver.
Failure of either party hereto to insist on the strict performance of any of the agreements herein or
to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be
considered a waiver of the right to insist on and to enforce, by an appropriate remedy, strict compliance
with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future
default or failure of performance.
Section 12. Compliance with Applicable Laws.
The parties hereto shall comply with all rules. regulations, and laws of the United States of
America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now
exist or may hereafter be enacted or amended.
Section 13. Choice of Law; Venue.
This contract is subject to and shall be construed in accordance with the laws of the State of
Texas, the laws of the federal government of the United States of America and all rules and regulations of
any regulatory body or officer having jurisdiction. This contract is performable in Harris County, Texas.
Section 14. Notices.
All notices required or permitted hereunder shall be in writing and shall be deemed delivered
When actually received or, if earlier, on the third day following deposit in a United States Postal Service
post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to
the respective other party at the address described below or at such other address as the receiving party
may have theretofore prescribed by notice to the sending party:
District
Baytown Municipal Development District
Attn: President, Board of Directors
P.O. Box 424
Baytown, Texas 77522 -0424
Fax: (281) 420-6586
Ci!Y
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, Texas 77522 -0424
Fax: (281) 420 -6586
Section 15. Audits.
The City and the District may, at any reasonable time, conduct or cause to be conducted an audit
of the other parties' records and financial transactions. The cost of said audit will be borne by the entity
requesting the audit. The City and the District shall make available all of its records in support of the
audit.
Agreement for Funding of Right -of -Way Acquisitions, Page 3
Section 1 G. Ambiguities.
In the event of any ambiguity in any of the terms of this contract, it shall not be construed for or
against any party hereto on the basis that such party did or did not author the same.
Section 17. Captions.
The captions of the sections and subsections, if any, of this Agreement are for convenience and
ease of reference only and do not define. limit, augment or describe the scope. content or intent of this
Agreement or of any part or parts of this Agreement.
Section 18. Entire Agreement.
This Agreement contains all the agreements of the parties relating to the subject matter hereof and
is the full and final expression of the agreement between the parties. Any oral representations or
modifications concerning this instrument are of no force or effect excepting a subsequent modification in
writing signed by all the parties hereto.
Section 19. assignment or Transfer of Rights or Obligations.
The City shall not sell, assign, or transfer any of its rights or obligations under this Agreement in
whole or in part without prior written consent of the District.
Section 20. Severability.
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall continue
in full force and effect.
Section 21. Authority.
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he /she represents.
IN WITNESS WHEREOF, the parties have made and executed this contract in multiple copies,
each of which shall be an original.
CITY OF BAYTOWN BAYTONL'N MUNICIPAL
DEVELOP,NIENT DISTRICT
GARRISON C. BRUMBACK
City Manager
ATTEST:
KELVIN KNAUF
Interim City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ. SR.
City Attorney
STEPHEN H. DONCARLOS
President
ATTEST:
KELVIN KNAUF
Interim Assistant Secretary
APPROVED AS TO FORA:
IGNACIO RAMIREZ, SR.
General Counsel
Rr.Karen'.Filcs \City CounciltMunicipal Developmcni Dstnc" Contracts 200$'SynchromzationProject.doc
Agreement for Funding of Right -of -Way Acquisitions, Page 4
CSJ:
District #:
Code Chart 64:
Project:
STATE OF TEXAS §
COUNTY OF TRAVIS §
0912 -72 -153
12 - Houston
03150
VA: N Main between
Texas Ave and Baker to
Alexander between Texas
Ave /McKinney
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
FOR A
CONGESTION MITIGATION AIR QUALITY IMPROVEMENT
CATEGORY 5 PROJECT
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 their 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 install a synchronized traffic
signal system at various intersections listed in Attachment "B" to be hereinafter
identified as the "Project "; and
WHEREAS, the Texas Transportation Commission passed Minute Order 109460,
awarding funding for Projects in the Statewide Mobility Program, including this Project;
and
AFA- AFA_LongGen
Revised 01/124/08
EMU B
Page 1 of 14
3/7/2008
CSJ: 0912 -72 -153
District #: 12 - Houston
Code Chart 64: 03150
Project: VA: N Main between
Texas Ave and Baker
to Alexander between
Texas Ave /McKinney
WHEREAS, the funds for the Project were allocated in the 2006 -2008 Transportation
Improvement Program, a page of which is attached hereto and identified as Attachment
"C "; 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 utilities; 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 ", hereinafter referred to as
the Project.
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 shall be
limited to the scope authorized by the Texas Transportation Commission. The
scope of the Project is to prepare the environmental assessment, perform field
surveys; conduct public meetings /hearings; prepare plans, specifications and
estimates (PS &E); construct the Project; and any other work necessary to complete
the Project.
AFA- AFA_LongGen Page 2 of 14 3/7/2008
Revised 01/124/08
CSJ: 0912 -72 -153
District #: 12 - Houston
Code Chart 64: 03150
Project: VA: N Main between
Texas Ave and Baker
to Alexander between
Texas Ave /McKinney
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
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. Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment "D ". At a
minimum, this amount shall equal the Local Government's funding share for the
estimated cost of the review and approval services performed by the State for
the project. At least sixty (60) days prior to the date set for receipt of the
construction bids, the Local Government shall remit its remaining financial share
for the State's estimated construction oversight and construction cost.
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
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CSJ: 0912 -72 -153
District #: 12 - Houston
Code Chart 64: 03150
Project: VA: N Main between
Texas Ave and Baker
to Alexander between
Texas Ave /McKinney
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 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 Government.
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.
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
AFA- AFA_LongGen Page 4 of 14 3/7/2008
Revised 01/124/08
CSJ:
District #:
Code Chart 64:
Project:
0912 -72 -153
12 - Houston
03150
VA: N Main between
Texas Ave and Baker
to Alexander between
Texas Ave /McKinney
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 parry to this Agreement and shall be cumulative.
7. Utilities
If the required traffic signal and interconnection work 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.
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CSJ: 0912 -72 -153
District #: 12 - Houston
Code Chart 64: 03150
Project: VA: N Main between
Texas Ave and Baker
to Alexander between
Texas Ave /McKinney
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. The State
will oversee any necessary public involvement.
d. The Local Government is responsible for the preparation of the NEPA
documents required for the environmental clearance of this project. The
documents will be reviewed and processed for approval by the State.
e. The Local Government shall provide the State with written certification from
appropriate regulatory agency(ies) that environmental contamination does not
exist or that any identified environmental problems have been remediated.
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 Local
Government and will not be eligible for federal -aid reimbursement.
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
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 and design plans
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 Local Government shall furnish to the State a copy of the Local Government's
contract with its engineering consultant for approval prior to the consultant beginning
work. The Local Government shall forward to the State a copy of the completed
AFA- AFA_LongGen Page 6 of 14 3/7/2008
Revised 01/124/08
CSJ: 0912 -72 -153
District #: 12 - Houston
Code Chart 64: 03150
Project: VA: N Main between
Texas Ave and Baker
to Alexander between
Texas Ave /McKinney
engineering and design plans for review. The Local Government shall be
responsible for all PS &E costs and the consideration paid for these services shall
not be eligible for reimbursement or to be considered part of the Local
Government's matching share. In procuring professional services, the parties to this
Agreement must comply with all applicable laws.
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 State will perform a 30 percent, 60 percent, 90 percent review of the
engineering plans, specifications and estimate work being developed by the Local
Government's consultant in conjunction with the Local Government's review. 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, process any necessary railroad agreements 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.
AFA- AFA_LongGen Page 7 of 14 3/7/2008
Revised 01/124/08
CSJ: 0912 -72 -153
District #: 12 - Houston
Code Chart 64: 03150
Project: VA: N Main between
Texas Ave and Baker
to Alexander between
Texas Ave /McKinney
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
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 State shall advertise for construction bids, issue bid proposals, receive and
tabulate the bids and award and administer the contract for construction of the
Project. Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders, which may become necessary
subsequent to the award of the construction contract. In order to ensure federal
funding eligibility, projects must be authorized by the State prior to advertising for
construction.
b. 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 with the approved PS &E. The Local Government will be allowed to
review the construction work provided the review does not interfere with the work
being performed by the State's contractor.
c. The State will use its approved contract letting and award procedures to let and
award the construction contract.
d. Prior to their execution, the Local Government will be given the opportunity to
review contract change orders that will result in an increase in cost to the Local
Government.
e. Upon completion of the Project, the party constructing the project will issue and
sign a "Notification of Completion" acknowledging the Project's construction
AFA- AFA_LongGen Page 8 of 14 3/7/2008
Revised 01/124/08
CSJ:
District #:
Code Chart 64:
Project:
0912 -72 -153
12 - Houston
03150
VA: N Main between
Texas Ave and Baker
to Alexander between
Texas Ave /McKinney
completion. The State will provide one set of reproducible "As Built' plans to the
Local Government upon completion of the Project.
f. 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
maintenance and operation of the completed traffic signal and signal interconnection
work.
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.
AFA- AFA_LongGen Page 9 of 14 3/7/2008
Revised 01/124/08
CSJ: 0912 -72 -153
District #: 12 - Houston
Code Chart 64: 03150
Project: VA: N Main between
Texas Ave and Baker
to Alexander between
Texas Ave /McKinney
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:
Local Government:
Mr. Bob Leiper
Deputy City Manager
City of Baytown, Texas
P. O. Box 424
Baytown, Texas 77522 -0424
State:
Mr. Gary K. Trietsch, P.E.
District Engineer
Texas Department of Transportation
P. O. Box 1386
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.
AFA- AFA_LongGen Page 10 of 14 3/7/2008
Revised 01/124/08
CSJ: 0912 -72 -153
District #: 12 - Houston
Code Chart 64: 03150
Project: VA: N Main between
Texas Ave and Baker
to Alexander between
Texas Ave /McKinney
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.
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
AFA- AFA_LongGen Page 11 of 14 3/7/2008
Revised 01/124/08
CSJ: 0912 -72 -153
District #: 12 - Houston
Code Chart 64: 03150
Project: VA: N Main between
Texas Ave and Baker
to Alexander between
Texas Ave /McKinney
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 nondiscrimination (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).
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
AFA- AFA_LongGen Page 12 of 14 3/7/2008
Revised 01/124/08
CSJ: 0912 -72 -153
District #: 12 - Houston
Code Chart 64: 03150
Project: VA: N Main between
Texas Ave and Baker
to Alexander between
Texas Ave /McKinney
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
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.
AFA- AFA_LongGen Page 13 of 14 3/7/2008
Revised 01/124/08
CSJ:
District #:
Code Chart 64:
Project:
0912 -72 -153
12 - Houston
03150
VA: N Main between
Texas Ave and Baker
to Alexander between
Texas Ave /McKinney
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
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
Texas Department of Transportation
Date
AFA- AFA_LongGen Page 14 of 14 3/7/2008
Revised 01/124/08
CSJ:
District #:
Code Chart 64:
Project:
Attachment A
Resolution or Ordinance
0912 -72 -153
12 - Houston
03150
VA: N Main between
Texas Ave and Baker
to Alexander between
Texas Ave /McKinney
Page 1 of 1 Attachment A
CSJ:
District #:
Code Chart 64:
Project:
Attachment B
Project Location List
0912 -72 -153
12 - Houston
03150
VA: N Main between
Texas Ave and Baker
to Alexander between
Texas Ave /McKinney
City of Baytown North Main /Alexander Traffic Signal Synchronization
Signalized Intersections
1. North Main & Cedar Bayou Lynchburg
2. North Main & Baker
3. North Main & Massey Tom pkins /RolIingbrook
4. North Main & Y.M.C.A.
5. North Main & Bob Smith
6. North Main & Midway /Harold
7. North Main & S.H. 146
8. North Main & Cedar Bayou
9. North Main & Park
10. North Main & Williams
11. North Main & Ward
12. North Main & Fayle
13. North Main & James
14. North Main & Sterling
15. North Main & Defee
16. North Main & Texas
17. Alexander & McKinney
18.Alexander & S.H. 146
19. Alexander & Cedar Bayou
20. Alexander & James Bowie
21. Alexander & Lacy
22.Alexander & Ward
23. Alexander & Fayle
24. Alexander & James
25. Alexander & Defee
26. Alexander & Texas
Page 1 of 1 Attachment B
2 -10 2006 -2008 Transportation Improvement Program
2006 -2008 TRANSPORTATION IMPROVEMENT PROGRAM
HOUSTON DISTRICT
HOUSTON -GALVESTON MPO
FY 2006
FISCAL YEAR LET DATE PROJECT SPONSOR SPONSOR PROJ ID FUNDING CATEGORY
DISTRICT STREET/HIGHWAY PHASES LATEST EST COST
COUNTY LIMITS FROM LENGTH FEDERAL COST
CSJ NUMBER MPO ID LIMITS TO LANES STATE COST
NOTES PROJECT DESCRIPTION LOCAL COST
AUTHORIZED AMOUNT
2006
9/1/2005
TXDOT
5
HOUSTON
IH 10 W
C. E, R
$1,931,850
FORT BEND
WALLER C/L
2.668
S1,545,480
0271 - 05-023
3003
HARRIS C/L
$386.370
INSTALL COMPUTERIZED TRANSPORTATION MANAGEMENT SYSTEM
$ 0
S11,931.850
2006
1/1/2006
TXDOT
5
HOUSTON
IH 45 N
C. E, R
$2,610.000
MONTGOMERY
N OF CRIGHTON RD
4.350
$2,088,000
0675 -08 -071
1013
LP 336 N
$522,000
TCM SIP COMMITMENT
INSTALL COMPUTERIZED TRANSPORTATION MANAGEMENT SYSTEM
$ 0
$2,610,000
2006
1/1/2006
TXDOT
5
HOUSTON
IH 45 N
C, E. R
$3,956.000
MONTGOMERY
TAMINA RD
6.594
S3,164.800
0110 -04 -166
9536
0.966 KM N OF CREIGHTON RD
$791,200
TCM SIP COMMITMENT
INSTALL COMPUTERIZED TRANSPORTATION MANAGEMENT SYSTEM
$ 0
$3,956,000
2006
11/1/2005
CITY OF HOUSTON
N- 0420 -25-2
5
HOUSTON
KEEGANS BAYOU TRAIL
C. E, R
$5,027,858
HARRIS
GESSNER
4,000
$4,022.286
0912 - 71-631
9351
CITY LIMITS NEAR SYNOTT
$ 0
TCM SIP COMMITMENT
CONSTRUCT HIKE 8 BIKE TRAIL
$1,005,572
$5,027,858
2006
8/1!2(306
TXDOT
5
HOUSTON
KIRKWOOD
C. E, R•
$190,000
FORT BEND
AT CASH RD
0.001
$152,000
0912 -34 -122
10774
$ 0
INSTALL TRAFFIC SIGNAL AT INTERSECTION
$38,000
S190.000
2006
12/12005
MONTGOMERY COUNTY
5,11
HOUSTON
LAKE WOODLANDS
C, E. R
$2,125,000
MONTGOMERY
NE MALL ENTRANCE (IH 45)
0 001
51,700,000
0912 -37 -161
3089
KUYKENDAHL RD
$ 0
TCM SIP COMMITMENT
ATMS: SIGNAL SYNCHRONIZATION
$425,000
$2,125,000
2006
811/2006
CITY OF BAY-TOWN
5
HOUSTON
N MAIN /ALEXANDER
C. E. R
$1.000,000
HARRIS
TEXAS AVE TO BAKER RD
0 001
$800.000
0912 -71 -921
10797
TEXAS AVE TO MCKINNEY
$ 0
TRAFFIC SIGNAL SYNCHRONIZATION
5200,000
$1,000,000
0412l,2005 Houston - Galveston Area Council
ATTACHMENT C
Page 1 of 1
I . A.
CSJ:
District #:
Code Chart 64:
Project:
Attachment D
Project Budget And Description
0912 -72 -153
12 - Houston
03150
VA: N Main between
Texas Ave and Baker
to Alexander between
Texas Ave /McKinney
The Local Government will participate in the cost of installation of the synchronized
traffic signal system at the various intersections listed in Attachment "B ". All signals
installed under this agreement must be interconnected to be eligible for Federal
reimbursement. Based on funding Category 5, the Local Government's participation is
20% of the cost of this particular improvement and the other 80% will be paid for with
federal funds. The Local Government's estimated participation is $200,000.00,
including construction items and engineering and contingencies. The State has
estimated the project to be as follows:
Description:
0912 -72 -153
City of Baytown N.
Main /Alexander Traffic
Total
Signal Synchronization
Estimate
Federal
State
Local
Projects
Cost
Participation
Participation
Partici ation
%
Cost
%
Cost
%
Cost
Construction Cost
$821,700.00
80%
$657,360.00
0%
$0
20%
$164,340.00
TxDOT Review Cost
$10,000.00
80%
$8,000.00
0%
$0
20%
$2,000.00
Direct State Costs
$168,300.00
80%
$134,640.00
0%
$0
20%
$33,660.00
(inspection and
oversight @ 17.0%
Total Cost — Traffic
$1,000,000.00
80%
$800,000.00
0%
$0
20%
$200,000.00
Signal S chronization
Direct State Cost will be based on actual charges.
Local Government's Participation (20.00 %) = $2QQ
The estimated engineering review cost to be incurred by the State is $10,000.00. The
Local Government will transmit to the State with the return of this Agreement, executed
by the Local Government, a warrant or check in the amount of $2,000.00 made payable
to the "Texas Department of Transportation Trust Fund" to be utilized by the State for
the cost of plan review and to cover other incidental costs. 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, final participation amounts
will be based on actual charges to the Project.
Page 1 of 1 Attachment D