Ordinance No. 11,967ORDINANCE NO. 11,967
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 OF TEXAS THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR THE INSTALLATION OF TWO SIGNS DESIGNATING
THE VETERANS MEMORIAL HIGHWAY; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED FOUR THOUSAND
THREE HUNDRED EIGHTY -EIGHT AND NO /100 DOLLARS ($4,388.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: 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 of Texas through the Texas Department of Transportation for the installation of two signs
designating the Veterans Memorial Highway. A copy of said agreement is attached hereto, marked
Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to the Texas
Department of Transportation in an amount not to exceed FOUR THOUSAND THREE HUNDRED
EIGHTY -EIGHT AND NO /100 DOLLARS ($4,388.00) in accordance with the contract authorized in
Section 1 hereof.
Section 3: That in addition to the amount specified in Section 2 hereof, the City Manager is
hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND
AND NO /100 DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 2 hereof
may not be increased by more than twenty-five percent (25 %).
Section 4: This ordinance shall take effect immediately
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative
Baytown this the 28d' day of June, 2012.
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ACIO RAMIREZ, SR., City )kttorn
after its passage by the
the City Council of the City of
Mayor
\ \Cobfs01\1ega1\Karen \Fi1es \City Counci1\0rdinanccs \2012Vune 28\ AdvancedFunding Agreement4Signs4VeteransMemorialHighway .doc
Exhibit "A" CSJ # 508 -07 -284
District # 12 - Houston
Code Chart 64 # 03150
Project: Veterans Memorial Highway
Signs Installation
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas
Department of Transportation, called the "State ", and the City of Baytown, acting by and through its
duly authorized officials, 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, Commission Minute Order Number 112824 authorizes the State to undertake and
complete a highway improvement generally described as installation of two signs designating the
roadway as Veterans Memorial Highway; and,
WHEREAS, the Local Government has requested that the State allow the Local Government to
participate in said improvement by funding that portion of the improvement described as installation
of two signs designating the roadway as Veterans Memorial Highway, called the "Project "; and,
WHEREAS, the State has determined that such participation is in the best interest of the citizens of
the State;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the
State and the Local Government do agree as follows:
AGREEMENT
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 in this agreement has been completed and accepted
by all parties or unless terminated, as provided for by this agreement.
2. Project Funding and Work Responsibilities
A. 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,
Payment Provision and Work Responsibilities which is attached to and made a part of this
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Code Chart 64 # 03150
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Signs Installation
contract. In addition to identifying those items of work paid for by payments to the State,
Attachment A, Payment Provision and Work Responsibilities, also specifies those Project
items of work that are the responsibility of the Local Government and will be carried out and
completed by the Local Government, at no cost to the State.
B. 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 costs.
C. 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.
D. 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 with approval
by appropriate personnel of the Local Government.
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.
4. Adjustments Outside the Project Site
The Local Government will provide for all necessary right of way and utility adjustments needed
for performance of the work on sites not owned or to be acquired by the State.
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 and deeds as well
as the acts and deeds of its contractors, employees, representatives, and agents.
6. Document and Information Exchange
The Local Government agrees to electronically deliver to the State all general notes,
specifications, contract provision requirements and related documentation in a Microsoft® Word
or similar document. If requested by the State, the Local Government will use the State's
document template. The Local Government shall also provide a detailed construction time
estimate including types of activities and month in the format required by the State. This
requirement applies whether the local government creates the documents with its own forces or
by hiring a consultant or professional provider. At the request of the State, the Local
Government shall submit any information required by the State in the format directed by the
State.
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District # 12 - Houston
Code Chart 64 # 03150
Project: Veterans Memorial Highway
Signs Installation
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.
8. Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A, Payment Provision and Work
Responsibilities, to this contract, the State will supervise and inspect all work performed
hereunder and provide such engineering inspection and testing services as may be required to
ensure that the 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 in this agreement by reference, or special specifications approved by the State.
9. Increased Costs
A. In the event it is determined that the funding provided by the Local Government will be
insufficient to cover the State's cost for performance of the Local Government's requested
work, the Local Government will pay to the State the additional funds necessary to cover the
anticipated additional cost. The State shall send the Local Government a written notification
stating the amount of additional funding needed and stating the reasons for the needed
additional funds. The Local Government shall pay the funds to the State within thirty (30)
days of the written notification, unless otherwise agreed to by all parties to this agreement. If
the Local Government cannot pay the additional funds, this contract shall be mutually
terminated in accordance with Article 11 — Termination. If this is a fixed price agreement as
specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall
only apply in the event changed site conditions are discovered or as mutually agreed upon by
the State and the Local Government.
B. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or replats, result in increased
costs, then any increased costs associated with the ordinances or changes will be paid by the
Local Government. The cost of providing right of way acquired by the State shall mean the
total expenses in acquiring the property interests either through negotiations or eminent
domain proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities.
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.
11. Termination
A. This agreement may be terminated in the following manner:
1. By mutual written agreement and consent of both parties;
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Signs Installation
2. By either party upon the failure of the other party to fulfill the obligations set forth in this
agreement; or
3. By the State if it determines that the performance of the Project is not in the best interest
of the State.
B. If the agreement is terminated in accordance with the above provisions, the Local
Government will be responsible for the payment of Project costs incurred by the State on
behalf of the Local Government up to the time of termination.
C. Upon completion of the Project, the State will perform an audit of the Project costs. Any
funds due to the Local Government, the State, or the Federal Government will be promptly
paid by the owing party.
12. 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 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:
City of Baytown Director of Contract Services
City Manager Texas Department of Transportation
2401 Market Street 125 E. 11th Street
Baytown, Texas 77520 Austin, Texas 78701
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided in this agreement. 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.
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.
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.
15. Amendments
By mutual written consent of the parties, this agreement may be amended prior to its expiration.
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Signs Installation
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 investigation must provide the state auditor with access
to any information the state auditor considers relevant to the investigation or audit.
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.
18. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
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Code Chart 64 # 03150
Project: Veterans Memorial Highway
Signs Installation
THIS AGREEMENT IS EXECUTED by the State and the Local Govemment in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
Date
THE STATE OF TEXAS
Regional Director
Date
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Code Chart 64 # 03150
Project: Veterans Memorial Highway
Signs Installation
ATTACHMENT A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
The State agrees to install two new signs stating 'Veterans Memorial Highway," along Spur 330 from
South of IH 10 to West of SH 146. The Local Government's participation is 100% of the cost of these
particular improvements. The Local Government's estimated cost of this work is $4,338, including
construction engineering and contingencies.
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