HomeMy WebLinkAbout022421 RES - 11/28/1995• •
RESOLUTION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ADVANCED FUNDING AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION IN THE AMOUNT
OF $1,128,292.62 AS THE ESTIMATED COST OF WATER
AND WASTEWATER FACILITY ADJUSTMENTS,
REMOVALS OR RELOCATIONS ASSOCIATED WITH THE
CONSTRUCTION OF ROADWAY IMPROVEMENTS ON
VIOLET ROAD (FM24), FROM LEOPARD STREET TO
STARLITE LANE
WHEREAS, the State of Texas, acting by and through the Texas Department of
Transportation ("TXDOT"), and the City of Corpus Christi (the "City") will be participating in the
construction of water and wastewater facilities and incidental items within the limits from 0.19 miles
southeast of Spur 407 (Leopard Street) to 0.26 miles south of Starlite Lane on Farm -to -Market Road
24 (Violet Road) and Starlite Lane from the intersection with Violet Road (Farm -to -Market Road
24) to an existing drainage ditch (Turkey Creek);
WHEREAS, the State of Texas shall be responsible for construction of said water and
wastewater facilities in exchange for payment by the City of $1,128,292.62 in accordance with the
terms of the Advanced Funding Agreement, a copy of which is attached to this resolution as Exhibit
A;
WHEREAS, the City Council finds that it is in the public interest that water and wastewater
facilities be constructed as contemplated under the Advanced Funding Agreement; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager is authorized to execute an Advanced Funding
Agreement with the Texas Department of Transportation in the amount of $1,128,292.62 as the
estimated cost of water and wastewater facility adjustments, removals or relocations associated with
the construction of roadway improvements on Violet Road (FM24), from Leopard Street to Starlite
Lane.
aATTR�" ,
Armando Chapa
City Secretary
The City of Corpus Christi
APPROVED: a?/ DAY OF /Jo # 1at`- 1995
JAMES R. BRAY JR., CITY
_�ATTORNEY
By:
Michael L. Scanlon
Assistant City Attorney
MS5000 069 bak
November 21, 1995 (9 45am)
1 MICROFILMS1
•
Corpus Christi, Texas
2 day of 1)1(31/Q VVVI'.)Q✓ , 19 Cr)
The above resolution was passed by the following vote:
Mary Rhodes
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
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022421
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STATE OF TEXAS § CSJ: 1556-01-014
PROJECT: STP 94(63)MM
COUNTY OF TRAVIS 5 COUNTY: NUECES
ADVANCED FUNDING AGREEMENT
THIS ADVANCED FUNDING AGREEMENT is made by and between the
City of Corpus Christi, Texas, hereinafter called the "City",
acting by and through its City Council and the State of Texas,
hereinafter called the "State", acting by and through its Texas
Department of Transportation.
WHEREAS, the State and the City will be participating in the
construction of water, wastewater facilities and incidental items
within the limits from 0.19 miles southeast of Spur 407 (Leopard
Street) to 0.26 miles south of Starlite Lane on Farm -to -Market
Road 24 (Violet Road) and Starlite Lane from the intersection
with Violet Road (Farm -to -Market Road 24) to an existing drainage
ditch (Turkey Creek), to be hereafter identified as the
"Project"; and
WHEREAS, this agreement will define the parties
reponsibilities prior to the actual construction of the
Project; and
WHEREAS, the City has offered to participate in the
development of the Project by providing funding, accomplishing
water and wastewater adjustments and other necessary items
required by the State; and
Page 1 of 9
EXHIBIT "A"
• .
CSJ: 1556-01-014
PROJECT: STP 94(63)MM
COUNTY: NUECES
WHEREAS, on the day of
1
the Corpus Christi City Council passed Resolution Number
attached hereto and identified as "Exhibit A", authorizing the
City's participation in the development of the Project; 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:
1. CONTRACT PERIOD
This agreement becomes effective upon final execution by the
State and shall terminate upon final completion of the
responsibilities and obligations defined herein or unless
terminated or modified as hereinafter provided.
2. SCOPE OF THE PROJECT
The State and the City agree that the scope of the Project
shall be limited to the scope authorized by the Texas
Transportation Commission.
3. WATER/WASTEWATER ADJUSTMENTS/RELOCATIONS
In the event additional water and wastewater facilities
are required to be adjusted, removed or relocated during the
construction of the Project, the City will be responsible for all
costs associated with the additional water and wastewater work.
Page 2 of 9
EXHIBIT "A"
•
CSJ: 1566-01-014
PROJECT: STP 94(63)MM
COUNTY: NUECES
4. CITY RESPONSIBILITIES
The City shall be responsible for construction inspection of said
water and wastewater facilities, preparation of all change orders
requested by the City and shall use the State's standard forms,
supplying all of the required 11" x 17" plan sheets, (new or
revised), and supplying supporting documents. The City shall
provide all said plans and supporting documents with a Texas
Registered Professional Engineer's signature, seal and date.
A. CHANGE ORDER RESPONSIBILITIES
No change order will be accepted by the State for processing
until the Change Order is submitted in its entirety, which
includes all pertinent plan sheets and supporting documents.
Change Order work to be performed by the construction contractor
shall only be authorized by the State; and the work will not
begin until all applicable State signatures have been affixed to
the required Change Order and/or Supplemental Agreement.
Page 3 of 9
EXHIBIT "A"
•
CSJ: 1556-01-014
PROJECT: STP 94(63)MM
COUNTY: NUECES
B. CONSTRUCTION SUPERVISION RESPONSIBILITIES
The City will supervise and inspect all water and wastewater
construction and/or adjustments and any additional work
requested by the City. Said work will be funded by the City.
The City will provide such engineering inspections and testing
of sewers as may be required. The City will request the State to
make payment to the construction contractor for work performed
by the contractor by completing and signing the State's Form
1257. Payment to the construction contractor will be made by the
State upon receipt of Form 1257.
5. FUNDING RESPONSIBILITIES
The estimated construction cost of this work is $1,128,292.62,
including contingencies, construction engineering and indirect
cost rates in effect for the fiscal years during which the work
is accomplished. The indirect cost rate will be based on the
Texas Department of Transportation's Indirect Cost Plan.
A. METHOD OF PAYMENT
It is understood that this proposed work will be constructed by
the State and the City will transmit to the State with the return
of this agreement, executed by the City, a warrant or check made
payable to the Texas Department of Transportation in the amount
of $1,128,292.62. This amount is to be used in payment for the
proposed work required by the City. It is further
Page 4 of 9
EXHIBIT "A"
•
CSJ: 1556-01-014
PROJECT: STP 94(63)MM
COUNTY: NUECES
understood that the State will construct only those items for the
City as requested and required by the City. The entire cost of
such items will be borne by the City.
B. ADDITIONAL FUNDING RESPONSIBILITIES
In the event the State determines that additional funding will be
required by the City, at any time during the Project, the State
will notify the City in writing of the additional amount. The
City will make payment to the State within thirty (30) days from
the receipt of the State's notification. Upon completion of the
Project, the State will perform an audit of the costs and any
funds due the City will be promptly returned to the City.
6. MAINTENANCE RESPONSIBILITIES
Upon completion of the Project, the City will assume
responsibility for the maintenance of the water and wastewater
facilities.
7. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents
prepared by the City shall remain the property of the City. 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 its
further use.
Page 5 of 9
EXHIBIT "A"
•
CSJ: 1556-01-014
PROJECT: STP 94(63)MM
COUNTY: NUECES
8. TERMINATION
A. This agreement may be terminated by any of the following
conditions:
1. By mutual written agreement and consent of both parties.
2. By either party, upon the failure of the other party to
fulfill the obligation as set forth herein.
B. The termination of this agreement shall extinguish all
rights, duties, obligations and liabilities of the State and City
under this agreement. If the potential termination of this
agreement is due to the failure of the City to fulfill its
contractual obligations as set forth herein, the State will
notify the City that possible breach of contract has occurred.
The City should make every effort to remedy the breach as
outlined by the State within a period mutually agreed upon by
both parties.
9. INDEMNIFICATION
To the extent permitted by law, the City shall indemnify and save
harmless the State, its officers, employees, experts and
contractors from all claims and liabilities due to the activities
of the City, its officers, employees, agents and contractors
performed under this agreement and which result from an error,
ommission or negligent acts of the City, its officers, employees,
agents or contractors.
Page 6 of 9
EXHIBIT "A"
CSJ:
PROJECT:
COUNTY:
•
1556-01-014
STP 94(63)MM
NUECES
Additionally, to the extent permitted by law, the City shall save
harmless the State, its officers, employees, agents and
subcontractors from any and all expenses, including attorneys
fees and court costs which may be incurred by the State in
litigation or otherwise resisting said claim or liabilities which
might be imposed on the State as the result of such activities by
the City, its officers, employees, agents or contractors.
10. AMENDMENTS
Any changes in the time frame, character, agreement provisions or
obligations of the parties hereto shall be enacted by written
amendment executed by both the City and the State.
11. LEGAL CONSTRUCTION
In case 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 hereof and this agreement
shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
12. NOTICES
All
notices to
this agreement
either party by the other party required under
shall be delivered personally or sent by certified
or United States mail, postage prepaid, addressed to each party
at the following respective addresses:
Page 7 of 9
EXHIBIT "A"
• •
CSJ: 1556-01-014
PROJECT: STP 94(63)MM
COUNTY: NUECES
STATE: Texas Department of Transportation
1070 South Padre Island Drive
P. O. Box 9907
Corpus Christi, Texas 78469-9907
CITY: The City of Corpus Christi, Texas
Attn: Director of Engineering Services
P. O. Box 9927
Corpus Christi, Texas 78469:1321r J� 77 b.
All notices shall be deemed given on the date so delivered or so
deposited in the mail, unless otherwise provided herein. Either
party hereto may change the above address by sending written
notice of such change to the other party in the manner provided
herein.
13. SOLE AGREEMENT
This agreement constitutes the sole and only agreement between
the parties hereto and supersedes any prior understandings or
written or oral agreements respecting the within subject
matter.
Page 8 of 9
EXHIBIT "A"
•
CSJ: 1556-01-014
PROJECT: STP 94(63)MM
COUNTY: NUECES
IN TESTIMONY THEREOF, the parties hereto have caused these
presents to be executed in duplicate counterparts, but this
agreement shall not be valid until signed by a duly authorized
representative of each party.
CITY OF CORPUS CHRISTI STATE OF TEXAS
PASSED BY RESOLUTION NUMBER
BY
MAYOR/OR DESIGNEE
TYPED NAME
ATTEST:
CITY SECRETARY/CITY CLERK
DATE
DIRECTOR, DEPARTMENT OF PUBLIC
WORKS AND ENGINEERING
DATE
APPROVED ASSTSO FORM:
7iffeh
CI ATT OR DESIGNEE
�J,ventGo , /975
DATE
COUNTERSIGNED:
CITY CONTROLLER
DATE
Certified as being executed for
the purpose and effect of
activating and/or carrying out
the orders, established
policies, or work programs
heretofore approved and
by the Texas Transportation
Commission under the authority
of Minute Order 100002.
BY
MANAGER, REVIEW AND NEGOTIATED
CONTRACTS
DATE
sla r &Z it&rtj
Page 9 of 9
EXHIBIT "A"