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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 \forms\066 Rut - (u GI:G (ft y 022421 • • 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"