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Home My WebLink About028897 RES - 12/14/2010RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR CONSTRUCTION (LPAFA-CST) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $52,303.00 FOR ADJUSTMENT OF MANHOLES AND WATER VALVES ON FM 43 FROM SH 358 TO SH 357 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute a Local Project Advance Funding Agreement for Construction (LPAFA-CST) with the TexAs Department of Transportation in the amount of $52,303.00 for adjustment of manholes and water valves on FM 43 from SH 358 to SH 357. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: 23- v-10 By: -�U4 UI►`I Veronica Ocanas Assistant City Attorney For City Attorney Joe Ame Mayor 028897 H:1LEG-DIR1VeronicaO11.ENG11 AGENDA ITEM S1101121410\121410 RESO TXDOT LPAFA CST $52,303 INDEXED adjustment of manhole & water.docx 1 OF 2 Corpus Christi, Texas of AtC14'14-&4_ , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal /14124-2_,_ John E. Marez/C G/413( -- Nelda Martinez Mark Scott Linda Strong Resolution Vote Sheet.doc 028897 1 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § CSJ # 1557-01-035 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: FM 43 from SH 358 to SH 357 CFIDA#: 20.205 ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON -SYSTEM PROJECT THIS 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 Corpus Christi, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 112237 authorizes the State to undertake and complete a highway improvement generally described as remove and replace asphaltic surfaces; 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 the adiustment of manholes and water valves on FM 43 from SH 358 to SH 357, hereinafter 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 Article 1, Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. AFA-AFA VoITIP Page 1 of 6 Revised 07/07/10 CSJ # 1557-01-035 District # 16 -- Corpus Christi Code Chart 64 # 09800 Project: FM 43 from SH 358 to SH 357 CFDA#: 20.205 Article 2. Protect Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, 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 Local Government and will be carried out and completed by the Local Government, at no cost to the State. 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. 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. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. Article 3. Right of Access If the Local .Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Article 4. Adjustments Outside the Project Site 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. Article 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 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 AFA AFA VoITIP Page 2 of 6 Revised 07/07/10 CSJ # 1557-01-035 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: FM 43 from SH 358 to SH 357 CFDA#: 20.205 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. Article 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. Article 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, 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 far Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 9. Increased Costs 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 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 accord 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. 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. Article 10. Maintenance • Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. Article 11. Termination • This agreement may be terminated in the following manner: AFA-AFA VoITIP Page 3 of 6 Revised 07/07/10 CSJ # 1557-01-035 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: FM 43 from SH 358 to SH357 CFDA#: 20.205 ♦ 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 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. • 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. Article 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: City of Carpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 State: Director of Contract Services Texas Department of Transportation 125 E. llth Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 15. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. AFA-AFA VoITIP Page 4 of 6 Revised 07/07/10 CSJ # 1557-01-035 District # 16 -- Corpus Christi Code Chart 64 # 09800 Project: FM 43 from SH 358 to SH 357 CFDA#: 20,205 Article 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Article 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. Article 18. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE 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 Cathy T. Floyd, C.P.A. South Regional Service Center Director South Region THE LOCAL GOVERNMENT Name of the Local Government By Date Typed or Printed Name and Title AFA-AFA_VoITIP ApprouetiastoLegitarm: a Jernnica Ocanes As sfant City AttomGy For City Attorney Page 5 of 6 Revised 07/07/10 CSJ # 1557-01-035 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: FM 43 from SH 358 to SH 357 CFDA#: 20.205 ATTACHMENT A Payment Provision and Work Responsibilities The Local Government will contribute $52,303, for the adjustment of manholes and water valves on FM 43 from SH 358 to SH 357, which is an on -system location, including construction items and direct state costs. Description Total Estimate Cost Federal Participation State Participation Local . Participation Cost % Cost % Cost Adjusting manholes and water valves $45,880 0% $0 0% $0 100% $45,880 Subtotal `.. .. $45,880 $0 $0 : $45,880," Direct State Costs (including plan review, inspection and oversight) 14% $6,423 0% $0 0% $0 100% 0 $6,423 Indirect State Costs (no local participation required except for service projects) 6.2% $2,845 0% $0 100% $2,845 0% $0 TOTAL $55,148 $0 $2,845 $52,303 Local Government's Participation = $52,303.00 Local Government's Participation to the State is due upon full execution of this AFA. This is an estimate only; final participation amounts will be based on actual charges to the project. AFA AFA VoITIP Page 6 of 6 Revised 07/07/10 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) 1, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: December 14, 2010 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute a Local Project Advance Funding Agreement for Construction (LPAFA-CST) with the Texas Department of Transportation in the amount of $52,303 for adjustment of manholes and water valves on FM 43 from SH 358 to SH 357. Amount Certified: $52,303.00 Fund Name Account No. Fund No. Org. No. Project No. Amount Bond Issue 2004 Future TXDOT Participation 550910 3544 00000 E10227 • $52,303.00 Total $52,303.00 Certification Not Required Director of Financial S Date: (212_1/ t.) 'r(nt on men:Paper] H:IHOME1VslmaPIGENITXDOTIVARIOUS AFA41 AGENDA COVER.doc