MDD Resolution No. 17 t RESOLUTION NO.17
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE GENERAL
/-,,1..4-`1------/
MANAGER TO EXECUTE AND THE ASSISTANT SECRETARY TO
ATTEST TO AN AGREEMENT BETWEEN THE TEXAS DEPARTMENT OF
TRANSPORTATION AND THE BAYTOWN MUNICIPAL DEVELOPMENT
DISTRICT FOR FUNDING FOR CONSTRUCTION OF THE MAIN LANES
OF SPUR 330(DECKER DRIVE):AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT:
Section 1:That the Board of Directors of the Baytown Municipal Development District
hereby authorizes the General Manager to execute and the Assistant Secretary to attest to an
agreement between the Texas Department of Transportation and the Baytown Municipal
Development District for funding for construction of the main lanes of Spur 330(Decker Drive).
A copy of the Agreement is attached hereto as Exhibit"A,"and made a part hereof for all intents
and purposes.
Section 2:This resolution shall take effect immediately from and after its passage by
the Board of Directors of the Baytown Municipal Development District.
INTRODUCED,READ and PASSED by the affirmative vote of the Board of Directors
of the Baytown Municipal Development District,this the 13`h day of December,2001.
PETE C.ALFARO,resident
ATTEST:
W SMITH,Assistant Secretary
APPROVED AS TO FORM:
ACIO RAMIREZ,.,General Counsel
E:jyMy Documents\Council\MDD\ApproveAgreementWithTxDOT4Spur330MainLanes.doc
t
CSJ 0508-07-21
Project Number NH 2O01(947)
County Harris
Location City of Baytown
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
TRANSPORTATION IMPROVEMENT PROJECTS(ON-SYSTEM)
For
SPUR 330
From 1H-10 to 2.0 miles north of SH 146
THE STATE OF TEXAS§
THE COUNTY OF HARRIS§
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas,acting through the
Texas Department of Transportation,hereinafter called the"State,"and the Baytown Municipal
Development District,hereinafter called the"District."
WITNESSETH
WHEREAS,Transportation Code,Chapter 201 and Transportation Code,Chapter 221 authorize
the State to lay out,construct,maintain,and operate a system of streets,roads,and highways that
comprise the State Highway System;and
WHEREAS,Commission Minute Order Number 1-08653,authorizes the State to undertake and
complete a highway improvement generally described as the construction of six(6)main lanes of
Spur 330 from IH-10 to 2.0 miles north of SH 146;and
WHEREAS,the District has requested that the State allow the District to participate in said
improvement by funding that portion of the improvement described as the construction of six(6)
main lanes of Spur 330 from IH-10 to 2.0 miles north of SH 146,hereinafter called the"Project";
and
WHEREAS,on July 26,2001,the District passed a resolution authorizing the expenditure of
funds in the amount of Two Million Five Hundred Thousand and No/100 Dollars
($2,5000,000.00)for the construction of this 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 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 District do agree as follows:
EXHIBIT A
CSJ 0508-07-21
Project Number NH 2O01(947)
`County Harris
Location City of Baytown
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 District 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 District
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 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 District and will be carried out and completed by the District,at no
cost to the State.
Article 3.Right of Access
If the District is the owner of any part of the Project site,the District shall permit the State or its
authorized representative access to the site to perform any activities required to execute the
work.The District will provide for all necessary right-of-way and utility adjustments needed for
performance of the work on sites now owned or to be acquired by the State.
Article 4.Responsibilities of the Parties
The District acknowledges that while it is not an agent,servant,nor employee of the State,it is
responsible for its own acts and deeds and for those of its agents or employees during the
performance of the work on the Project.
Article 5.Document and Information Exchange
The District 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 District will use the State's document template.The District 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 entity creates the
documents with its own forces or by hiring a consultant or professional provider.
Article 6.Interest
The State will not pay interest on funds provided by the District.Funds provided by the District
will be deposited into,and retained in,the State Treasury.
Article 7.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
CSJ 0508-07-21
Project Number NH 2O01(947)
County Harris
Location City of Baytown
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.
Al]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 8.No Increased Costs
This is a fixed price agreement;therefore,the District shall not be obligated to pay more than the
amount specified in Attachment A,"Payment Provision and Work Responsibilities,"unless
otherwise expressly agreed to in writing by the District.
Article 9.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 10.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.
If the contract is terminated in accordance with the above provisions,the District will be
responsible for the payment of Project costs incurred by the State on behalf of the District up to
the time of termination.
A.Upon completion of the Project,the State will perform an audit of the Project
costs.Any funds due to the District,the State,or the federal government will be
promptly paid by the owing party.
B.In the event the Project is not completed,the State may seek reimbursement from
the District of the expended funds.The District will remit the required funds to
the State within sixty(60)days from receipt of the State's notification.
C.The State will not pay interest on any funds provided by the District.
D.The State will not execute the contract for the construction of the Project until the
required funding has been made available by the District in accordance with this
agreement.
3
r
CSJ 0508-07-21
Project Number NH 2O01(947)
County Hams
Location City of Baytown
11.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 at the following addresses:
State:Texas Department of Transportation
P.O.Box 1386
7721 Washington Avenue
Houston,Texas 77251-1386
Attn:District Engineer
District:Baytown Municipal Development District
P.O.Box 424
Baytown,Texas 77522-0424
Attn:General Manager
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 12.Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between the District and the State,the latest agreement shall take precedence over
the other agreements in matters related to the Project.
Article 13.Successors and Assigns
The State and the District 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 14.Amendments
By mutual written consent of the parties,this contract may be amended prior to its expiration.
Article 15.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.
4
r
CSJ 0508-07-21
r Project Number NH 2O01(447)
County Harris
Location City of Baytown
IN WITNESS WHEREOF,THE STATE AND THE LOCAL GOVERNMENT have
executed duplicate counterparts to effectuate this agreement.
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:
Gary K.Trietsch,P.E.,District Engineer
THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
By:Date:
Monte Mercer,General Manager
Attest:
By:
Gary W.Smith,Assistant Secretary
5
CSJ 0508-07-21
Project NumberNH 2O01(947)
County Harris
Location City of Baytown
ATTACHMENT A
Payment Provision and Work Responsibilities
For
SPUR 330
From 114-10 to 2.0 miles north of SH 146
1.DESCRIPTION OF THE COST OF THE ITEMS OF WORK
A.Preliminary Engineering and Plan Preparation:
The State will be responsible for the re-evaluation of environmental documents,
wetlands permitting and completion of PS&E.
B.Construction
The State will advertise for construction bids,issue bid proposals,receive and
tabulate the bids and award a contract for the desired construction in accordance
with applicable laws and procedures.
2.SCHEDULE OF PAYMENTS
The District will contribute$2,500,000.00 as a fixed price local share,toward the
construction of this Project.
Prior to thirty days before the Project is let,the District shall present a check or
warrant made payable to the Texas Department of Transportation in the amount of
52,500,000.00 to cover project costs.
3.ACTUAL COST AGREEMENT
The District will contribute a fixed sum,in the amount of$2,500,000.00,toward the
construction of this Project.
The State will let the Project at a total construction cost of$25,800,000.00.
R:Ueanene\My Documents\ContractsWgrcementMDD&State4Spur330[mprovement.doc
6
CSJ 0508-07-21
Project Number NH 2O01 (947)
County Harris
Location City of Baytown
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
TRANSPORTATION IMPROVEMENT PROJECTS (ON-SYSTEM)
For
SPUR 330
From IH-10 to 2.0 miles north of SH 146
THE STATE OF TEXAS §
THE COUNTY OF HARRIS §
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the
Texas Department of Transportation, hereinafter called the "State," and the Baytown Municipal
Development District, hereinafter called the"District."
WITNESSETH
WHEREAS, Transportation Code, Chapter 201 and Transportation Code, Chapter 221 authorize
the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that
comprise the State Highway System; and
WHEREAS, Commission Minute Order Number 1-08653, authorizes the State to undertake and
complete a highway improvement generally described as the construction of six (6) main lanes of
Spur 330 from IH-10 to 2.0 miles north of SH 146; and
WHEREAS, the District has requested that the State allow the District to participate in said
improvement by funding that portion of the improvement described as the construction of six (6)
main lanes of Spur 330 from IH-10 to 2.0 miles north of SH 146,hereinafter called the"Project";
and
WHEREAS, on July 26, 2001, the District passed a resolution authorizing the expenditure of
funds in the amount of Two Million Five Hundred Thousand and No/100 Dollars
($2,5000,000.00) for the construction of this 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 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 District do agree as follows:
CSJ 0508-07-21
Project NumberNH 2O01 (947)
County Harris
Location City of Baytown
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 District 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 District
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 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 District and will be carried out and completed by the District, at no
cost to the State.
Article 3. Right of Access
If the District is the owner of any part of the Project site, the District shall permit the State or its
authorized representative access to the site to perform any activities required to execute the
work. The District will provide for all necessary right-of-way and utility adjustments needed for
performance of the work on sites now owned or to be acquired by the State.
Article 4. Responsibilities of the Parties
The District acknowledges that while it is not an agent, servant, nor employee of the State, it is
responsible for its own acts and deeds and for those of its agents or employees during the
performance of the work on the Project.
Article 5. Document and Information Exchange
The District 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 District will use the State's document template. The District 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 entity creates the
documents with its own forces or by hiring a consultant or professional provider.
Article 6. Interest
The State will not pay interest on funds provided by the District. Funds provided by the District
will be deposited into, and retained in, the State Treasury.
Article 7. 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
2
CSJ 0508-07-21
Project Number NH 2001 (947)
County Harris
Location City of Ba own
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 8. No Increased Costs
This is a fixed price agreement; therefore, the District shall not be obligated to pay more than the
amount specified in Attachment A, "Payment Provision and Work Responsibilities," unless
otherwise expressly agreed to in writing by the District.
Article 9. 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 10. 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.
If the contract is terminated in accordance with the above provisions, the District will be
responsible for the payment of Project costs incurred by the State on behalf of the District up to
the time of termination.
A. In the event the State determines that additional funding is required by the District
at any time during the development of the Project, the State will notify the District
in writing. District will make payment to the State within thirty (30) days from
receipt of the State's written notification.
B. Upon completion of the Project, the State will perform an audit of the Project
costs. Any funds due to the District, the State, or the federal government will be
promptly paid by the owing party.
C. In the event the Project is not completed, the State may seek reimbursement from
the District of the expended funds. The District will remit the required funds to
the State within sixty(60)days from receipt of the State's notification.
D. The State will not pay interest on any funds provided by the District.
E. The State will not execute the contract for the construction of the Project until the
required funding has been made available by the District in accordance with this
agreement.
3
CSJ 0508-07-21
Project Number NH 2O01 947)
County Harris
Location City of Baytown
11. 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 at the following addresses:
State: Texas Department of Transportation
P. O. Box 1386
7721 Washington Avenue
Houston, Texas 77251-1386
Attn: District Engineer
District: Baytown Municipal Development District
P. O. Box 424
Baytown, Texas 77522-0424
Attn: General Manager
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 12. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between the District and the State, the latest agreement shall take precedence over
the other agreements in matters related to the Project.
Article 13. Successors and Assigns
The State and the District 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 14. Amendments
By mutual written consent of the parties,this contract may be amended prior to its expiration.
Article 15. 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.
4
CSJ 0508-07-21
Project Number NH 2O01 (947)
County Harris
Location Ci, of Baytown
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have
executed duplicate counterparts to effectuate this agreement.
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: /Z _/g—p /
Gary K. ' tsch, P.E., District Engineer
THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
By: _ Date: Dec ems" ham✓13 200/
Monte Mercer, General Manager r
Attest:
By:
GW W. 961th, Assistant Secretary
5
CSJ 0508-07-21
Project Number NH 2O01 (947)
County Harris
Location City of Baytown
ATTACHMENT A
Payment Provision and Work Responsibilities
For
SPUR 330
From IH-10 to 2.0 miles north of SH 146
1. DESCRIPTION OF THE COST OF THE ITEMS OF WORK
A. Preliminary Engineering and Plan Preparation:
The State will be responsible for the re-evaluation of environmental documents,
wetlands permitting and completion of PS&E.
B. Construction
The State will advertise for construction bids, issue bid proposals, receive and
tabulate the bids and award a contract for the desired construction in accordance
with applicable laws and procedures.
2. SCHEDULE OF PAYMENTS
The District will contribute $2,500,000.00 as a fixed price local share, toward the
construction of this Project.
Prior to thirty days before the Project is let, the District shall present a check or
warrant made payable to the Texas Department of Transportation in the amount of
$2,500,000.00 to cover project costs.
3. ACTUAL COST AGREEMENT
The District will contribute a fixed sum, in the amount of$2,500,000.00, toward the
construction of this Project.
The State will let the Project at a total construction cost of$25,800,000.00.
d:jyMyDocuments\Contracts\AgreementMDD&State4Spur330Improvements
6
COUNTY ►AIM PRW.No. M 2001 W47)
HWY.RD. SPUR 330 LBTTMQ DATE
DATE ACCEPTED
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