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Home My WebLink About025350 RES - 06/24/2003RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO EXECUTE AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR PRELIMINARY ENGINEERING AND BRIDGE CONSTRUCTION ASSOCIATED WITH THE FOLLOWING BRIDGE REPLACEMENT PROJECTS: WOOLDRIDGE ROAD, KINGSBURY LANE AND LEXINGTON ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Manager, or the City Manager's designee, is authorized to execute an Advanced Funding Agreement with the Texas Department of Transportation for preliminary engineering and bridge construction associated with the following bridge replacement projects: Wooldridge Road Bridge, Kingsbury Lane Bridge and Lexington Road Bridge. A copy of the Advanced Funding Agreement is attached. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: June 18, 2003 Samuel L. Neal, Jr. ~ Mayor v Lisa Ag uilar?~¢~ Assistant City Attorney for City Attorney 025350 Corpus Christi, Texas The above resolution was passed by the following vote: Samuel L Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 025350 STATE OF TEXAS § COUNTY OF TRAVIS § County: CS J: Project: Road/StreeffHighway: 15 Digit NBI Structure No.: Local Designation No.: Feature Crossed: ORIGINAL Nueces 0916-35-126 0916-35-126 Kingsb~ D~ O 16-178tB01078-001 Turkey Creek ~ Kingsbury Dr. Turkey Creek ADVANCE FUNDING AGREEMEN.T For Bridge Replacement or Rehabilitation Off.the State System THIS Advance Funding Agreen~ent (the Agreement) is made by and between the State of Texas, acting by and through theTexas Department of Transportation, hereinafter called the "State", and the City of Corpus (~hristi, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Title 23, United Sta~es Code Section 144 authorizes federal funds to assist the States in the replacement or rehabilitation of deficient bridges located on public highways, roads and streets, including those under~the jurisdiction of local governments; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall plan and make policiesi for the construction of a comprehensive system of state highways and public roads in cooperation with local governments; and WHEREAS, the Local Governm{nt owns a bridge or bridges located on a public road or street located at Kingsbury Drive and raid bridge(s) is included in the currently approved off-state system federal-aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas TransportatiOn Commission Minute Order number109061, dated number October 31, 2002; and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance which is attached hereto and made a part hereof as Attachment A and which provides for development of the specific programmed replacement or rehabilitation project, hereinafter called the "Project", identified in the location map shown as Attachment B. TxDOT 2003-324 06/24/03 Res. 025350 Page 1-15 Bridge Division 10-2002-L.1 INDEXED 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: AGREEMENT 1. Period of this Agreement This Agreement becomes ef Agreement fully executed. provided in Article 2. 2. Conditions for Terminati{ a. The Agreement is termi~ b. Breach of this Agreeme~ breaching party; or c. If the Local Governmem proceed, in which case tl percent of its reasonable 3. Amendments Amendments to this Agreen the terms of the Agreement, enacted through a mutually: Agreement. i:ctive when signed by the last party whose signing makes the 'his Agreement shall remain in effect until terminated as I of this Agreement ated in writing with the mutual consent of the parties; or t, in which case any cost incurred shall be paid by the elects not to develop the project and the project does not te Local Government agrees to reimburse the State for 100 actual direct and indirect costs incurred for the project. ent may be made due to changes in the character of the work, orthe responsibilities of the parties. Amendments shall be tgreed upon, written amendment executed by all parties to this 4. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any Agreement default, but all r~medies existing at law and in equity may be availed of by either party to this Agreemeflt and shall be cumulative. 5. Scope of Work The scope of work for this Agreement is the replacement or rehabilitation of the bridge(s) identified in the recitals ofttiis Agreement. This replacement or rehabilitation shall be accomplished in the manner!described in the plans, specifications and estimates developed in accordance with this Agreement and which are incorporated herein by reference. 6. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of all necessary right of way and will not be reimbursed with federal or state funds for the required right of way. The Local Governmerit authorizes the State, its consultant, contractor, or other Bridge AFA Page 2 - 15 Bridge Division 10-2002-L. 1 designated representative to enter the site(s) of said bridge(s) and adjacent right of way or relocation right of way to pe~rform surveys, inspections, construction and other activities necessary to replace or rehabilitate said bridge and approaches. 7. Adjustment of Utilities The Local Government shal1 be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. The Local Govgmment will not be reimbursed with federal or state funds for the cost of required utility w~rk. 8. Environmental AssessmenI and Mitigation Development of the Project ~nust comply with the National Environmental Policy Act and the National Historic PreserVation Act of 1966, which require environmental clearance of federal-aid projects. a. The State is responsible ~or the identification and assessment of any environmental problems associated witl~ the development of the Project governed by this Agreement. b. Cost participation in enxtironmental assessment and remediation work shall be paid by the parties in the same rgtio as construction cos, t,s and will be included in the construction costs identified in Attachment D, Estimate of Direct Costs". c. The State is responsible ~for providing any public meetings or public heatings required for development of the environmental assessment The State will not begin cor~struction of the Project until identified environmental problems have been remediated, unless provided for otherwise. 9. Compliance with Texas ACcessibility Standards and ADA All parties to this Agreemerlt shall ensure that the plans for and t.he construction of the Project subject to this AgmOment are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas l)epartment of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services will be Provided by the State The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Govemment. The State will cooperate fully with the Loc~al Government in accomplishing these local public purposes to the degree permitted by state and federal law. The Local Government review shall not unduly delay the development of the Project. Bridge AFA Page 3 - 15 Bridge Division 10-2002-L.1 11. Construction Responsibilities a. The State shall advertise the bids and award and Administration of the ct and for issuance of any additional work orders, construction contract. I authorized by the State 1: b. Upon completion of the acknowledging the Proj{ 12. Project Maintenance After the Project has been c~ and operate and maintain th, at no charge of toll to the pu construction under this Agr~ 13. Local Project Sources and for construction bids, issue bid proposals, receive and tabulate dminister the contract for construction of the Project. atract includes the responsibility for construction engineering hange orders, supplemental agreements, amendments, or ~hich may become necessary subsequent to the award of the order to ensure federal funding eligibility, projects must be riot to advertising for construction. ?roject, the State will issue a "Notification of Completion" ct's construction completion. ~mpleted, the Local Government shall accept full ownership, : facilities authorized by this Agreement for the benefit of and )lie. This covenant shall survive the completion of ement. Uses of Funds A Project Cost Estimate is provided in Attachment D, "Estimate of Direct Costs". Attachment D provides ~ source of funds estimate as well as thc estimated direct preliminary engineering construction engineering, and construction costs for the Project in total and by ti' e Local Government. The required Local Gov, :mment participation is based solely upon the State's estimate of thc eligible work at tl~ e time this Agreement is executed and will not be adjusted during construction exc~ pt as needed to include any Project cost item or portion of a cost item ineligible for s ate or federal participation. In addition to its share of estimated direct cnginee 5ng and construction costs, the Local Government is responsible for thc direc cost of any project cost item or portion of a cost item that is not eligible for federal p~rticipation under the federal HBRRP. The Local Government is also responsible for any cost resulting from changes made at the request of thc Local Government. After execution of this Agreement, but thirty (30) days prior to the performance of any work by the State, the Lbcal Government will remit a check or warrant made payable to the "Texas Department of Transportation" in thc amount specified in Attachment D for the Local Govcmment'slcontribution for preliminary engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering, Forty-five (45) days prior to the date set for receipt of the construction bids, the Local Government shall remit ~ts remaining financial share for the State's estimated construction oversight mad construction costs and any other costs owing. If at the completion or termination of the Project the State determines that additional funding is required by the Local Government, the State shall notify the Local Bridge AFA Page 4 - 15 Bridge Division 10-2002-L.1 14. Government in writing. thirty (30) days from re¢ g. Upon completion of the Any funds due to the L~ promptly paid by the h. The State will not pay ir i. The Local Government costs only, except when Local Government as a~ j. If the Project has been a standard funding or pa~ clearly state the amount k. Under the provisions of qualify as Economically counties in the state as capita income, and abov consideration of such El local match fund partici Transportation Commk, 1. The State will not execu required funding has be~ this Agreement. The Local Government shall make payment to the State within eipt of the State's written notification. Project, the State will perform an audit of the Project costs. :al Government, the State, or the Federal Government will be ing party. terest on any funds provided by the Local Government. hnding participation responsibilities include Project direct the Project is terminated before completion at the request of the dressed in the Termination provision of this Agreement. ~proved for a "fixed price" or an "incremental payment" non- nent arrangement under 43 TAC § 15.52, this Agreement will of the fixed price or the incremental payment schedule. l'exas Transportation Code Section 222.053 certain counties Disadvantaged Counties (EDC) in comparison to other :low average per capita property value, and below average per ~ average unemployment, for certain years. If applicable, in )C status that may be applicable for the Project, the required ~ation has been adjusted to N/A percent as authorized by Texas .ion Minute Order Number N/A, dated N/A. [e the contract for the construction of a Project until the n made available by the Local Government in accordance with Performance by Local GoVernment of Equivalent-Match .Pr. ojects (EMPs)in Re. turn for Waiver of Local Matcl~ Participation Funding on Participation-Waived Prolects (PWPs) a. Applicability. Ifareqm District Engineer, then t as adjusted for EDC cor Costs", but excluding in is based on the commitn funds for structural or sE conditions as specified i Project shall be defined the "other" bridge stmc! defined to be the Equiv~ shows a list of EMP(s) t b. Project Cost Estimate fc st for waiver has been received and approved by the State's ~e required ten percent matching fund participation or percent sideration, as shown in Attachment D, "Estimate of Direct :ligible costs under the bridge program, is waived. This waiver ~ent of the Local Government to spend an equivalent amount of fety improvement on "other" bridge structures and other ~ 43 TAC Section 15.55(d). If a waiver has been granted, the :o be a Participation-Waived Project (PWP) and the work on ares that will be improved by the Local Government shall be lent-Match Project(s) (EMP). Attachment C to this Agreement nder this Agreement. PWP. Attachment D to this Agreement shows the estimated direct preliminary engin':ering, construction engineering and construction costs for the PWP in total and local r tatch fund participation being waived, or partially waived. c. Credit Against EMP WOrk. Any local match fund participation that has already been paid, or which the Local~ Government is agreeable to paying to the State, will be credited against EMP work to be performed by the Local Government. If applicable, this credit(s) will be reflected in Attachment D to this Agreement. d. Responsibilities of the Local Government on EMP(s). Bridge AFA Page 5 - 15 Bridge Division 10-2002-L. 1 15. Notices (1) The Local Governr and related costs th environmental regr (2) The structural or sa subsequent to the f years after the earli (3) Written documenta work completed on four (4) years after thereto, whichever be delivered to the after work is comp (4) Failure by the Loc~ stated three-year p~ receiving such wai' Funding of Ineligible or eligible program costs, tl cost of any PWP item or participation, and 1 O0 pe performed solely at the r work is preliminary engi prior to the beginning of additional work is for co lent shall be responsible for all engineering and construction, :reto, and complying with all applicable state and federal lations and permitting requirements. fety improvement work on the EMP(s) shall be performed nal execution of this Agreement but within three (3) calendar :st contract award of the related PWP(s). ~ion, suitable for audit, of the structural or safety improvement the EMP(s) shall be kept on file by the Local Government for completion of work or claims, lawsuits, or audits related is longer. A notice of completion of work on the EMP(s) shall State's District Engineer no later than thirty (30) calendar days eted on the EMP(s). 1 Government to adequately complete the EMP(s) within the dod shall result in the Local Government being excluded from ~ers for a minimum of five (5) years. ~dditional Work Not Waived. Regardless of any waiver of ~e Local Government shall pay the State 100 percent of the portion of a cost item that is not eligible for federal or state rcent of the costs resulting from additional work on the PWP .'quest of the Local Government. If the ineligible or additional aeering, the payment shall be made at least thirty (30) days preliminary engineering work on the PWP. If the ineligible or ~struction or construction engineering, the payment shall be made at least forty-five (~5) days prior to the date set for receipt of bids for construction of the PWP? All notices to either party b~ the other required under this Agreement shall be delivered personally or sent by certifi{d or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: Local Government: Tex~s Department of Transportation Att~: District Engineer P.Ot Box 9907 Co,us Christi, TX 78469 Cit~ of Corpus Christi Attri: Director of Engineering Services P.Oi Box 9907 Corpus Christi, TX 78469 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided h~rein. Either party may change the above address by sending written notice of the changeito the other party. Either party may request in writing that Bridge AFA Page 6 - 15 Bridge Division 10-2002-L. 1 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. 16. Legal Construction In case one or more of the p held invalid, illegal or unen unenforceability shall not al as if it did not contain the ir 17. Responsibilities of the Par The parties to this Agreeme other party and each party a as the acts and deeds of its 18. Ownership of Documents Upon completion or termim shall remain the property of made available to the State' documents produced or app transmitted to the State in tt required by the State. The rovisions contained in this Agreement shall for any reason be brceable in any respect, such invalidity, illegality or feet any other provisions and this Agreement shall be construed valid, illegal or unenforceable provision. :ies agree that no party is an agent, servant, or employee of the ;rees it is responsible for its individual acts and deeds as well ontractors, employees, representatives, and agents. tion of this Agreement, all documents prepared by the State the State. All data prepared under this Agreement shall be vithout restriction or limitation on their further use. All 'oved or otherwise created by the Local Government shall be e form of photocopy reproduction on a monthly basis as riginals shall remain the property of the Local Government. 19. Compliance with Laws The parties shall comply wi and regulations, and the ord tribunals in any manner affe Local Government shall fur h all federal, state, and local laws, statutes, ordinances, rules .'rs and decrees of any courts or administrative bodies or cting the performance of this Agreement. When required, the fish the State with satisfactory proof of this compliance. 20. Sole Agreement This Agreement constitutes ithe sole and only agreement between the parties and supersedes any prior understandings or ]written or oral agreements respecting this Agreement's subject matter. 21. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed w!th federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. Bridge AFA Page 7 - 15 Bridge Division 10-2002-L.1 22. Procurement and Property Management Standards The parties shall adhere to tl~e procurement standards established in Title 49 CFR § 18.36 and with the property mana~ 23. Inspection of Books and R The parties to the Agreemer records and other document~ make such materials availab the Federal Highway Admit General, or their duly autho~ during the contract period a~ defined under this contract Additionally, the State, the representatives shall have a to this Agreement for the pu transcriptions. 24. Office of Management am The parties shall comply wi P.L. 98-502, ensuring that ti Circular No. A-128 through August 31, 2000. 25. Civil Rights Compliance The parties to this Agreeme Transportation as they relat, §710.405(B)), and Executi'~ amended by Executive Ord, Regulations (41 CFR Part 6 26. Disadvantaged Business E :ment standard established in Title 49 CFR § 18.32. ~cords t shall maintain all books, documents, papers, accounting ~tion relating to costs incurred under this Agreement and shall [e to the State, the Local Government, and, if federally funded, istration (FHWA), and the U.S. Office of the Inspector ized representatives for review and inspection at its office td for four (4) years from the date of completion of work r until any impending litigation, or claims are resolved. ,ocal Government, and the FHWA and their duly authorized cess to all the governmental records that are directly applicable )ose of making audits, examinations, excerpts, and I~udget (OMB) Audit Requirements h the requirements of the Single Audit Act of 1984, te single audit report includes the coverage stipulated in OMB August 31, 2000 and stipulated in OMB Circular A-133 after at shall comply with the regulations of the U.S. Department of to nondiscrimination (49 CFR Chapter 21 and 23 CFR Order 11246 titled "Equal Employment Opportunity," as ~)11375 and supplemented in the Department of Labor nterprise Program Requirements The parties shall comply wi~h the Disadvantaged/Minority Business Enterprise Program requirements established in 149 CFR Part 26. Bridge AFA Page 8 - 15 Bridge Division 10-2002-L. 1 27. Debarment Certifications The parties are prohibited fr or suspended or otherwise e Assistance Programs under parties to this contract shall under this contract to certif3 the State, to furnish a copy ~ (Debarment and Suspension 28. Lobbying Certification In executing this Agreemen' belief, that: a. No federal appropriated parties to any person for of any federal agency, a an employee of a Memb contract, the making of~ into of any cooperative ~ amendment, or modific~ agreement. b. If any funds other than t person for influencing o a Member of Congress, Member of Congress in agreements, the signato~ Federal Standard Form- with its instructions. ~m making any award at any tier to any party that is debarred {cluded from or ineligible for participation in Federal ~xecutive Order 12549, "Debarment and Suspension." The require any party to a subcontract or purchase order awarded its eligibility to receive federal funds and, when requested by ,f the certification in accordance with Title 49 CFR Part 29 the signatories certify to the best of his or her knowledge and funds have been paid or will be paid by or on behalf of the influencing or attempting to influence an officer or employee Member of Congress, an officer or employee of Congress, or ~r of Congress in connection with the awarding of any federal .ny federal grant, the making of any federal loan, the entering greement, and the extension, continuation, renewal, tion of any federal contract, grant, loan, or cooperative ~deral appropriated funds have been paid or will be paid to any · attempting to influence an officer or employee of any agency, m officer or employee of Congress, or an employee of a :onnection with federal contracts, grants, loans, or cooperative y for ~e Local Government shall complete a,,nd submit the ~LL, Disclosure Form to Report Lobbying, in accordance The parties shall requireithat the language of this certification be included in the award documents for all suba~ards at all tiers (including subcontracts, subgrants, and contracts under grants, l~)ans, and cooperative agreements) and that all subrecipients shall certify and disclos~accordingly. By executing this Agreemefit, the parties affirm this lobbying certification with respect to the Project and affirm this c~rtification of the material representation of facts upon which reliance will be made. Subfnission of this certification is a prerequisite for making or entering into this transactiml imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Bridge AFA Page 9 - 15 Bridge Division 10-2002-L.1 29. Successors and Assigns The State and the Local Gox~emment each binds itself, its successors, executors, assigns, and administrators to the otl~er party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. 30. LocaIGovernment Restric 31. In the case that the local go~ commissioners court order,: state or federal regulations t local government is respons policy, directive, or change. Iions eminent has an existing, future or proposed local ordinance ule policy, or other directive that is more restrictive than the lat results in an increase cost to the State for the project, the hie for all increased costs associated with the ordinance, order, Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. Bridge AFA Page 10 - 15 Bridge Division 10-2002~L.1 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: Printed Nan{e of Signat( Title: Date: THE STATE OF TEXAS Executed for the Executive Direc the purpose and effect of activati~ programs heretofore approved an. Mary Lou Rails, P.E. Director, Bridge Divisi¢ Date: 7- 2,/- ~ or and approved for the Texas Transportation Commission for g and/or carrying out the orders, established policies or work authorized by the Texas Transportation Commission. ,~qMANDO CHAPA C'Tr/~EC,q ETARy ~. ............. AU I . ~,,,~,, ....... .~J.~t.°..~ .... .......... ~.~ Bridge AFA Page 11 - 15 Bridge Division 10-2002-L.1 David B. Casteel, P.E. ~.. Corpus Christi District Engineer Texas Department of Transport P.O. Box 9907 Corpus Chdsti, Texas 78469-9' SUBJECT: Request for Waiw Federal Off-Syste Dear Mr. Casteel: Under the provisions of Texas of Corpus Christi requests waiv federal off-system bridge projec "Participation-Waived Match' P~ May 27, 2003 City: Cor Project: Brid,qe Replacements ~ion ]O7 ~r of Local Match Fund Participation Requirement on n Bridge Program Project ,dministrative Code, Title 43, Section 15.55(d), the City .~r of the local match fund participation required on the ts listed in Attachment No 1, labelled as the ojects. In retum for waiver of this partic amount of structural improvemE bridge structure, referred to as ' construction of the Laguna Sho Shores Road Bddge at the Trc jurisdiction of City Council. A copy of the appropriate requ 2003 is also attached, Attachm{ this request. Attachments: Attachment No. 1 Attachment No. 2 pation, the City proposes to fund an equivalent dollar it work on another deficient City of Corpus Christi Equivalent-Match Project" in Attachment No. 1. The · es Road Improvement Project includes the Laguna ic Isles Canal located within the City limits and sd Resolution approved by City Council on May 13, ,nt No. 2. We appreciate your assistance in processing Sincerely, RECEIVF' /~An'gel R. Escobar, P.E. Director of Engineering Se 'r~P'T P (~ L. For TxDOT Use Only Engineering Services P.O.Box 9277 · (~orpus Chr. isti, Texas 78469-9277 · (361) 880-3500 ATTACHMENT No.'l RESOLUTION AUTHORIZING THE CITY OF CORPUS CHRISTI TO PERFORM EQUIVALENT-MATCH PROJECT (LAGUNA SHORES ROAD IMPROVEMENTS PROJE LOCAL MATCH FUND APPROVED FEDERAl (PARTICIPATION-WAIVI SHOWN ON ATTACHMEI WHEREAS, the federal off- Department of Transportation (the St functionally obsolete (collectively ret streets offthe designated state highw WHEREAS, City of Corpus owns bridges located at (see attachm, (NBI) Structure Number (see attaclm 1 for list~: and UT #6158) IN RETURN FOR WAIVER OF THE ?ARTICIPATION REQUIREMENT ON THE ~, OFF-SYSTEM BRIDGE PROGRAM ;D) PROJECTS NOT YET AWARDED AS ~T 1. ;ystem bridge program is administered by the Texas rte) to replace or rehabilitate structurally defiment and ~rred to as deficient) bridges located on public roads and ty system; and 2hristi, hereinafter referred to as the Local Government :nt I for list), on Road/Street, National Bridge Inventory ent 1 for list). Local Destination Number (see attachment ! WHEREAS, a project to remedy the bridges is included ~n the currently approved program of projects as authorized by ~exas Transportation Commission Minute Order Numbers 108653 and 109061 dated Septembe~ 2001 and October 2002, Control-Section-Job (CS J) Number see attachment 1 for list): mid WHEREAS, Texas Adminis 'ative Code, Title 43, Section 15.55(d)(43 TAC Section 15.55(d)providesthatunderspecifie conditions the 10 percent Local Govemment match fund participation requirement may be w~r ~ed with agreement by the Local Government to perform, or cause to be performed, an equivah nt dollar amount of structural improvement work on other deficient bridges or deficient mainlar e cross-drainage structures within its jurisdiction, such a project of structural improvement wcrk being referred to as an "equivalent-match projects"; and WHEREAS, the estimated l~.cal match fund participation requirement on the approved federal off-system bridge projects is ~ixtv-flve thousand five hundred ($65.500]. hereinafter referred to as the "participation-waived' projects, such as participation requirement the Local Government proposes be waived andin return perform or cause to be performed equivalent- match project structural improvement work. NOW, THEREFORE, BE I~' RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT the Local Government perform, or cause to be performed, the following equivalent-h~atch project in remm for waiver of thc local match fund participation requirement on the apprOval federal off-system bridge program (participation- waived) projects not yet awarded: See attachment I for list) ATI'ACHMENT No. 2 Pane I of 4 BE IT FURTHER RESOLVED that in receiving this waiver the Local Government acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but are not restricted to the following: The Local Govemmer closure regulations as Code of Federal Regu/ The equivalent-match bridge or other mainla original loan capacity if located on a school' In performing, or cans Local Govemment ass and complying with al permitting requiremen The work on the propl begin until the local r~ completed. The Local Governmer participation-waived lC equivalent-match proj~ Should this waiver rec amendment to a previ~ State and Local Gove~ t must be currently in compliance with load posting and ]efined in National Bridge Inspection Standards under US al/om, Title 23, Section 650.303. project work increases the load capacity of the existing he cross-drainage structure, or upgrades the structure to its ~th a minimum upgrade to safely carry school bus loading )us route. ng to be performed, the equivalent-match projects, the ames all responsibilities for engineering and construction, I applicable state and federal environmental regulations and ~s for the structures being improved. ~sed equivalent-match projects have not begun and will not arch funds participation waiver approval process has been t will be allowed three years after the contract award of the rojects to complete the structural improvement work on the ,~cts. uest be approved, an appropriate written agreement or ,usly executed agreement will be executed between the ament. ATTEST: CITY OF CORPUS CHRISTI Arrnando Chapa, City Secretary Approved: ~ ~' / )/ohn P. Bur~-e, Jr. I kY'Assistant City Attorney For City Attorney ATTACHMENT No.: Page 2 of 4 CORPUS CHRISTI, TEXAS The above resolution was passed by 1 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Oarre~ Bill Kelly Rex A. Kinnison Melody Cooper Sesse Noyola Mark Scott ~e following vote:' 2003 H:~LEG-DIR\j ohn~RESOL~ Bridge Projects.Wl~d ATTACHMENT No.; page 3 of 4 County: Nueces CS J: Road/Street/Highway: Feature Crossed: 15 Digit NBI Structure No.: Local Designation No.: 0916-35-126 Kingsbury Drive Turkey Cre,.~ 0 16-178tB01078-001 Turkey Creek ~ Kingsbury Dr. /I TTACItMENT C (See Note **) LIST ~)F D1STRICT ENGiNEER APPROVED EQUI ~ALENT-MATCH PROJECT(S) (EMP) Location (and structure On Sch )ol Historic Description of Structural Estimated Cost identification number, Bus Ro ~te? Bridge? or Safety Improvement if applicable) (Yes/~ Io) (Yes/No) Work Laguna Shores Yes No Structure replacement $525,000 16-178-B01100-002 'Total $525,000 EMP work credited to this PWP (Se~' Note *) :~t~, ~,-~ (~ ! 5,~.57 Balance of EMP work credited to as~ociated PWP(s) ~ 7fg ~ 7~q $599,533 Associated PWP(s) Control-Section-,lob (CSJ) Amount to be Credited to Associated PWP (s) CSJ 0916-35-125 $~20,0~0 CSJ 0916-35-121 Note *: This total should typically equal the "Balance of Local Government Participation" that waived as shown in Attachment E). Note**: This attachment not applicable for non-Participation-Waived Projects (PWP) is Bridge AFA Page 14- 15 Bridge Division 10-2002-L.1 COF -- BOI07~ (PWP) L EUEND: ICIPA TION WAIVED PROJECT ENT MA TCH PROJECT C H R ?IDGE RD/ ;001 . '-'~_~ LEXINGTON RD],~' I ~., ',¢~01159001 ,, STRUCTURE LOCATION MAP ATTACHMENT Preliminary Engineering (PE) Ten (10) Percent or EDC Adjusted ] :rcent of PE for Local Government Partici ation Construction Engineering and Contingency (E&C The Sum of Construction and E&C Ten (10) Percent or EDC Adjusted } ercent of the Sum of Construction and E&( ! for Local Government Participation Amount of Advance Funds Paid by i ~ocal Government * Amount of Advance Funds to be Pai~ by Local Government * Balance of Local Government PartiCipation which is to be Waived where the Project is a PWP Total Project Direct Cost · Credited Against Local Governm, County: Nueces CSJ: 0916-35-126 Road/Street~Highway: Kingsbury Drive Feature Crossed: TurkeyCre?..~0 15 Digit NBI Structure No.: 16-178~B01078-001 Local Designation No.: Turkey Creek @ Kingsbury Dr. ATTACHMENT D ~STIMATE OF DIRECT COSTS (1+2) :nt Participation Amount Estimated Cost Local Government Participation (1) $ 23,000 (3) $ 2,30O 115~000 16,675 (2) 131.675 (4) 13,167 (5) ( 0.00 ) (6) ( 0.o0 ) (3+4-5 -6) $154,675 $15,467 If this Project is to be a PWP, Amount ol~ EMP Work Being Credited to this PWP as Shown on Attachment C. $15,467 Bridge AFA Page 15-15 Bhdge Division 10-2002-L. 1 ORIGINAL STATE OF TEXAS § COUNTY OF TRAVIS § County: CS J: Project: Road/Stmet/I-Iighw ay: 15 E igit NBI Structure No.: bocal Designation No.: Feature Crossed: Nueces 0916-35-125 0916-35-125 Wooldri~Road ~ 0 16-178tB02186-001 Drainage ditch @ Wooldridge Road Drainage Ditch ADV3 For Bri~ THIS Advance Funding Agreen~ Texas, acting by and through the "State", and the City of Corpus hereinafter called the "Local Gove WHEREAS, Title 23, United Sta~ States in the replacement or rehab and streets, including those under WHEREAS, the Texas Transport State shall plan and make policies highways and public roads in coc WHEREAS, the Local Govemm located at Wooidridge Road and system federal-aid Highway Bridt authorized by Texas Transportatk September 27, 2001; and WHEREAS, the Governing Bod2 NCE FLrNDING AGREEMENT Ige Replacement or Rehabilitation Off the State System ent (the Agreement) is made by and between the State of exas Department of Transportation, hereinafter called the hristi, acting by and through its duly authorized officials, mment." WITNESSETH es Code Section 144 authorizes federal funds to assist the litation of deficient bridges located on public highways, roads :he jurisdiction of local governments; and ition Code, Sections 201.103 and 222.052 establish that the for the construction of a comprehensive system of state ~eration with local governments; and :nt owns a bridge or bridges located on a public road or street said bridge(s) is included in the currently approved off-state Replacement and Rehabilitation Program (HBRRP) as Commission Minute Order number108653, dated number ' of the Local Government has approved entering into this Agreement by resolution or ordin: race which is attached hereto and made a part hereof as Attachment A and which provide~ for development of the specific programmed replacement or rehabilitation project, hereinafter :alled the "Project", identified in the location map shown as Attachment B. TxDOT 2003-325 06/24/03 Res. 025350 Page 1 - 15 Bridge Division 10-2002-L.1 INDEXED 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. Period of this Agreement This Agreement becomes eft Agreement fully executed. provided in Article 2. 2. Conditions for Terminafi~ a. The Agreement is terrain b. Breach of this Agreemen breaching party; or c. If the Local Government proceed, in which case tl' percent of its reasonable 3. Amendments Amendments to this Agreen~ the terms of the Agreement, enacted through a mutually Agreement. 4. Remedies This Agreement shall not be Agreement default, but ail re either party to this Agreeme~ 5. Scope of Work The scope of work for this 3 identified in the recitals of tt accomplished in the manner in accordance with this Agrc AGREEMENT :ctive when signed by the last party whose signing makes the 'his Agreement shall remain in effect until terminated as ~ of this Agreement ated in writing with the mutual consent of the parties; or I, in which case any cost incurred shall be paid by the elects not to develop the project and the project does not e Local Government agrees to reimburse the State for 100 actual direct and indirect costs incurred for the project. ent may be made due to changes in the character of the work, >r the responsibilities of the parties. Amendments shall be greed upon, written amendment executed by all parties to this considered as specifying the exclusive remedy for any medies existing at law and in equity may be availed of by tt and shall be cumulative. greement is the replacement or rehabilitation of the bridge(s) is Agreement. This replacement or rehabilitation shall be described in the plans, specifications and estimates developed ement and which are incorporated herein by reference. 6. Right of Way and Real PrOperty The Local Government is responsible for the provision and acquisition of all necessary right of way and will not be ~eimbursed with federal or state funds for the required right of way. The Local Government authorizes the State, its consultant, contractor, or other Bridge AFA Page 2 - 15 Bridge Division 10-2002-L. 1 designated representative to enter the site(s) of said bridge(s) and adjacent right of way or relocation right of way to perform surveys, inspections, construction and other activities necessary to replace or rehat~ilitate said bridge and approaches. 7. Adjustment of Utilities The Local Government shall utility facilities in accordanc procedures. The Local Gow the cost of required utility w 8. Environmental Assessmen 10. Development of the Project the National Historic Preset federal-aid projects. a. The State is responsible problems associated witl b. Cost participation in en~ the pmies in the same n construction costs identi c. The State is responsible for development of the e be responsible for the adjustment, removal or relocation of with applicable State laws, regulations, rules, policies and :rnment will not be reimbursed with federal or state funds for >rk. and Mitigation ust comply with the National Environmental Policy Act and ttion Act of 1966, which require environmental clearance of the identification and assessment of any environmental the development of the Project governed by this Agreement. ironmental assessment and remediation work shall be paid by tio as construction costs and will be included in the ~ed in Attachment D, "Estimate of Direct Costs". ?or providing any public meetings or public hearings required avironmental assessment The State will not begin construction of the Project until identified environmental problems have b~n remediated, unle~ pr~vi~yd for otherwise. Comphance with Texas Alcesslbihty Standards and ADA All parties to this Agreemen Project subject to this Agree (TAS) issued by the Texas 1 Architectural Barriers Act,, minimum accessibility requ requirements of the Americ~ t shall ensure that the plans for and the construction of the ment are in compliance with the Texas Accessibility Standards }epartment of Licensing and Regulation, under the trticle 9102, Texas Civil Statutes. The TAS establishes rements to be consistent with minimum accessibility .ns with Disabilities Act (P.L. 101-336) (ADA). Architectural and Engine{ring Services will be Provided by the State The State is responsible for performance of any required architectural or preliminary engineering work. The Lochl Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Loaal Government in accomplishing these local public purposes to the degree permitted by state and federal law. The Local Government review shall not unduly delay the development of the Project. Bridge AFA Page 3 - 15 Bridge Division 10-2002-L. 1 11. Construction Responsibilities the bids and award and a Administration of the co and for issuance of any ¢ additional work orders, x construction contract. Ir authorized by the State lC Upon completion of the acknowledging the Proje The State shall advertiseifor construction bids, issue bid proposals, receive and tabulate :lminister the contract for construction of the Project. ~tract includes the responsibility for construction engineering hange orders, supplemental agreements, amendments, or thich may become necessary subsequent to the award of the order to ensure federal funding eligibility, projects must be rior to advertising for construction. ?roject, the State will issue a "Notification of Completion" ct's construction completion. 12. Project Maintenance After the Project has been and operate and maintain the at no charge of toll to the pu construction under this Agre 13. Local Project Sources and ,mpleted, the Local Government shall accept full ownership, facilities authorized by this Agreement for the benefit of and )lic. This covenant shall survive the completion of :ment. rses of Funds A Project Cost Estimate Attachment D provides ~ preliminary engineering, Project in total and by th The required Local Gow of the eligible work at th during construction exce cost item ineligible for s estimated direct enginee responsible for the direc not eligible for federal p is also responsible for ar Government. is provided in Attachment D, "Estimate of Direct Costs". source of funds estimate as well as the estimated direct construction engineering, and construction costs for the ~' Local Government. :rument participation is based solely upon the State's estimate ~ time this Agreement is executed and will not be adjusted pt as needed to include any Project cost item or portion of a ate or federal participation. In addition to its share of lng and construction costs, the Local Government is cost of any project cost item or portion of a cost item that is trticipation under the federal HBRRP. The Local Government cost resulting from changes made at the request of the Local d. After execution of this 4greement, but thirty (30) days prior to the performance of any work by the State, the L~cal Government will remit a check or warrant made payable to the 'q'exas Department qf Transportation" in the amount specified in Attachment D for the Local Government's!contribution for preliminary engineering. The Local Government will pay at h minimum its funding share for this estimated cost of preliminary engineering. e. Forty-five (45) days pfi~r to the date set for receipt of the construction bids, the Local Government shall remit !ts remaining financial share for the State's estimated construction oversight a,d construction costs and any other costs owing. f. If at the completion or termination of the Project the State determines that additional funding is required by tile Local Government, the State shall notify the Local Bridge AFA Page 4 - 15 Bridge Division 10-2002-L. 1 14. Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Lo, promptly paid by the ow h. The State will not pay in i. The Local Government l costs only, except when Local Government as ad j. If the Project has been al standard funding or payr clearly state the amount, k. Under the provisions of' qualify as Economically counties in the state as b, capita income, and abow consideration of such E[ local match fund particit Transportation Commiss 1. The State will not execu~ required funding has bee this Agreement. :al Government, the State, or the Federal Government will be ng party. :erest on any funds provided by the Local Government. anding participation responsibilities include Project direct he Project is terminated before completion at the request of the tressed in the Termination provision of this Agreement. ~proved for a "fixed price" or an "incremental payment" non- ~ent arrangement under 43 TAC §15.52, this Agreement will ff the fixed price or the incremental payment schedule. ?exas Transportation Code Section 222.053 certain counties Disadvantaged Counties (EDC) in comparison to other :low average per capita property value, and below average per : average unemployment, for certain years. If applicable, in ,C status that may be applicable for the Project, the required ation has been adjusted to N/A percent as authorized by Texas ion Minute Order Number N/A, dated N/A. e the contract for the construction of a Project until the a made available by the Local Government in accordance with Performance by Local GoVernment of Equivalent-Match Projects (EMPs) in Return for Waiver of Local Match Participation Funding on Participation-Waived Projects (PWPs) Applicability. If a reque District Engineer, then ti as adjusted for EDC con Costs", but excluding in* is based on the commitn funds for structural or sa conditions as specified i~ Project shall be defined the "other" bridge struct 5t for waiver has been received and approved by the State's te required ten percent matching fund participation or percent fideration, as shown in Attachment D, "Estimate of Direct :ligible costs under the bridge program, is waived. This waiver ent of the Local Government to spend an equivalent amount of ~ety improvement on "other" bridge structures and other t 43 TAC Section 15.55(d). If a waiver has been granted, the o be a Participation-Waived Project (PWP) and the work on Ires that will be improved by the Local Government shall be defined to be the Equiva ent-Match Project(s) 0EMP). Attachment C to this Agreement shows a list of EMP(s) under this Agreement. Project Cost Estimate fo; PWP. Attachment D to this Agreement shows the estimated direct preliminary engineering, construction engineering and construction costs for the PWP in total and local match fund participation being waived, or partially waived. Credit Against EMP Work. Any local match fund participation that has already been paid, or which the LocallGovernment is agreeable to paying to the State, will be credited against EMP work to be performed by the Local Government. If applicable, this credit(s) will be reflected in Attachment D to this Agreement. Responsibilities of the Local Govemment on EMP(s). Bridge AFA Page 5 - 15 Bridge Division 10-2002-L. 1 15. (1) The Local Govemr and related costs th environmental regu (2) The structural or sa subsequent to the years after the ear (3) Written documenta work completed on four (4) years after thereto, whichever be delivered to the after work is comp (4) Failure by the Loc~ stated three-year pc receiving such wai' Funding of Ineligible or eligible program costs, ti cost of any PWP item or participation, and 100 pe performed solely at the r work is preliminary engi prior to the beginning of additional work is for co made at least forty-five construction of the PWP lent shall be responsible for all engineering and construction, ~reto, and complying with all applicable state and federal [ations and permitting requirements. [ety improvement work on the EMP(s) shall be performed nal execution of this Agreement but within three (3) calendar :st contract award of the related PWP(s). :ion, suitable for audit, of the structural or safety improvement the EMP(s) shall be kept on file by the Local Government for :ompletion of work or claims, lawsuits, or audits related iS longer. A notice of completion of work on the EMP(s) shall tate's District Engineer no later than thirty (30) calendar days eted on the EMP(s). 1 Government to adequately complete the EMP(s) within the riod shall result in the Local Government being excluded from ,ers for a minimum of five (5) years. ~_dditional Work Not Waived. Regardless of any waiver of te Local Government shall pay the State 100 percent of the portion of a cost item that is not eligible for federal or state rcent of the costs resulting from additional work on the PWP ~quest of the Local Government. If the ineligible or additional aeering, the payment shall be made at least thirty (30) days preliminary engineering work on the PWP. If the ineligible or ~struction or construction engineering, the payment shall be ~5) days prior to the date set for receipt of bids for Notices All notices to either party b~ the other required under this Agreement shall be delivered personally or sent by certifield or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: Tex ~s Department of Transportation AttT: District Engineer P.O Box 9907 Cor >us Christi, TX 78469 Local Government: City of Corpus Christi Attfi: Director of Engineering Services P.Oi Box 9907 Corpus Christi, TX 78469 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided hgrein. Either party may change the above address by sending written notice of the change~o the other party. Either party may request in writing that Bridge AFA Page 6 - 15 Bridge Division 10-2002-L. 1 such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out hy the other party. 16. Legal Construction In case one or more of the p~ held invalid, illegal or unent unenforceability shall not af as if it did not contain the in 17. Responsibilities of the Parl The parties to this AgreemeJ other party and each party al as the acts and deeds of its c 18. Ownership of Documents 19. Upon completion or termina shall remain the property of made available to the State documents produced or appJ transmitted to the State in th required by the State. The ovisions contained in this Agreement shall for any reason be >rceable in any respect, such invalidity, illegality or 'ect any other provisions and this Agreement shall be construed ~alid, illegal or unenforceable provision. les tt agree that no party is an agent, servant, or employee of the ;rees it is responsible for its individual acts and deeds as well )ntractors, employees, representatives, and agents. Lion of this Agreement, all documents prepared by the State Ihe State. All data prepared under this Agreement shall be ~ithout restriction or limitation on their further use. All oved or otherwise created by the Local Government shall be ~- form of photocopy reproduction on a monthly basis as riginals shall remain the property of the Local Government. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affe Local Govemment shall fun 20. Sole Agreement 21. This Agreement constitutes any prior understandings or matter. :ting the performance of this Agreement. When required, the tish the State with satisfactory proof of this compliance. :he sole and only agreement between the parties and supersedes a, ritten or oral agreements respecting this Agreement's subject Office of Management an~ Budget (OMB) Cost Principles In order to be reimbursed w~th federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. Bridge ArA Page 7 - 15 Bridge Division 10-2002-L. 1 22. Procurement and Property Management Standards The parties shall adhere to t~e procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 23. Inspection of Books and R, The parties to the Agreemen records and other document~ make such materials availab the Federal Highway Admin General, or their duly autho~ during the contract period a~ defined under this contract c Additionally, the State, the I representatives shall have ac to this Agreement for the pu transcriptions. 24. Office of Management and ~cords : shall maintain all books, documents, papers, accounting tion relating to costs incurred under this Agreement and shall e to the State, the Local Government, and, if federally funded, istration (FHWA), and the U.S. Office of the Inspector ized representatives for review and inspection at its office d for four (4) years from the date of completion of work r until any impending litigation, or claims are resolved. ocal Government, and the FHWA and their duly authorized :ess to all the governmental records that are directly applicable ~ose of making audits, examinations, excerpts, and ludget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that tl~e single audit report includes the coverage stipulated in OMB Circular No. A-128 through ~August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000. 25. Civil Rights Compliance The parties to this Agreeme~ Transportation as they relate §710.405(B)), and Executiw amended by Executive Orde Regulations (41 CFR Part 6~ 26. Disadvantaged Business E] The parties shall comply wil requirements established in, ~t shall comply with the regulations of the U.S. Department of to nondiscrimination (49 CFR Chapter 21 and 23 CFR Order 11246 titled "Equal Employment Opportunity," as 11375 and supplemented in the Department of Labor 0. tterprise Program Requirements the Disadvantaged/Minority Business Enterprise Program ~9 CFR Part 26. Bridge AFA Page 8 - 15 Bridge Division 10-2002-L. 1 27. Debarment Certifications The parties are prohibited fr or suspended or otherwise e: Assistance Programs under i parties to this contract shall under this contract to certify the State, to furnish a copy ( (Debarment and Suspension 28. Lobbying Certification In executing this Agreement belief, that: )m making any award at any tier to any party that is debarred :cluded from or ineligible for participation in Federal ~xecutive Order 12549, "Debarment and Suspension." The 'equire any party to a subcontract or purchase order awarded its eligibility to receive federal funds and, when requested by f the certification in accordance with Title 49 CFR Part 29 No federal appropriated parties to any person for of any federal agency, a an employee of a Memb contract, the making of ~ into of any cooperative ~ amendment, or modifica Ihe signatories certify to the best of his or her knowledge and a. 'unds have been paid or will be paid by or on behalf of the influencing or attempting to influence an officer or employee Member of Congress, an officer or employee of Congress, or :r of Congress in connection with the awarding of any federal ny federal grant, the making of any federal loan, the entering greement, and the extension, continuation, renewal, :ion of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than f~deral appropriated funds have been paid or will be paid to any person for influencing o4 attempting to influence an officer or employee of any agency, a Member of Congress, ~n officer or employee of Congress, or an employee of a Member of Congress in qonnection with federal contracts, grants, loans, or cooperative agreements, the signator~ for ~e Local Government shall complete and submit the Federal Standard Form-I~LL, Disclosure Form to Report Lobbying," in accordance with its instructions. / c. The parties shall require ~hat the language of this certification be included in the award documents for all subaw~rds at all tiers (including subcontracts, subgrants, and contracts under grants, lc ,ans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing this Agreemen t, the parties affirm this lobbying certification with respect to the Project and affirm this cc rtification of the material representation of facts upon which reliance will be made. Subn fission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certificatior shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for ,~ach such failure. Bridge AFA Page 9 - 15 Bridge Division 10-2002-L. 1 29. 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. 30. Local Government Restric In the case that the local go¥ commissioners court order, ~ state or federal regulations ti local government is responsJ policy, directive, or change. 31. Signatory Warranty The signatories to this Agre~ Agreement on behalf of the :ions :mment has an existing, future or proposed local ordinance ule policy, or other directive that is more restrictive than the tat results in an increase cost to the State for the project, the ble for all increased costs associated with the ordinance, order, ment warrant that each has the authority to enter into this ~arty represented. Bridge AFA Page 10 - 15 Bridge Division 10-2002-L. 1 IN TESTIMONY HEREOF, thei parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: Printed Namff of Signate Date: THE STATE OF TEXAS Executed for the Executive Direct the purpose and effect of activatin programs heretofore approved ant ~'r Oity Attom~ )r and approved for the Texas Transportation Commission for g and/or carrying out the orders, established policies or work authorized by the Texas Transportation Commission. BY,~r Mary Lou Rails, P.E. Director, Bridge Divisio Date: ARMANDO CI-iAPA t~ ~ ............. AU I HUKlaa-, Bridge AFA Page 11 - 15 Bridge Division 10-2002-L. 1 C~ity of -- corpus · --_. ~ Christi David B. Casteel, P.E. ~ Corpus Christi District Engineer Texas Department of Transport P.O. Box 9907 Corpus Chdsti, Texas 78469-9~ SUBJECT: Request for Waive Federal Off-Syste Dear Mr. Casteel: Under the provisions of Texas of Corpus Christi requests waiv. federal off-system bridge projec "Participation-Waived Match' P~ :ion CORPUS MAY 2 9 2003 May 27, 2003 City: Corpus Chri Project: Bridqe Replacements )O7 of Local Match Fund Participation Requirement on Bridge Program Project Iministrative Code, Title 43, Section 15.55(d), the City .~r of the local match fund participation required on the Is listed in Attachment No 1, labelled as the ojects. In return for waiver of this participation, the City proposes to fund an equivalent dollar amount of structural improvement work on another deficient City of Corpus Chdsti bridge structure, referred to as 'lEquivalent-Match Project" in Attachment No. 1. The construction of the Laguna Sholes Road Improvement Project includes the Laguna Shores Road Bddge at the Trol$c Isles Canal located within the City limits and jurisdiction of City Council. A copy of the appropriate required Resolution approved by City Council on May 13, 2003 is also attached, Attachment No. 2. We appreciate your assistance in processing this request. Sincerely, R E C E IV ;' /'Angel R. Escobar, P.E. Director of Engineering se - P-T P & ,- Attachments: Attachment No. 1 Attachment No. 2 For TxDOT Use Only Engineering Services P.O.Box 9277 · Corpus Christi, Texas 78469-9277 · (361) 880-3500 ATTACHMENT No.l RESOLUTION AUTHORIZING THE C EQUIVALENT-MATCH IMPROVEMENTS PROJ~ LOCAL MATCH FUND APPROVED FEDERA (PARTICIPATION-WAIV SHOWN ON ATTACHMl~ WHEREAS, the federal off. Department of Transportation (the S~ functionally obsolete (collectively re streets offthc designated state high~ WItEREAS, City of Corpus owns bridges located at (see attachm (NBI) Structure Number (see attachr 1 for list); and WHEREAS, a project to ren program of projects as authorized by 108653 and 109061 dated Septembe: Number see attachment 1 for list); iTY OF CORPUS CHRISTI TO PERFORM PROJECT (LAGUNA SHORES ROAD CT #6158) IN RETURN FOR WAIVER OF THE PARTICIPATION REQUIREMENT ON THE L OFF-SYSTEM BRIDGE PROGRAM ~D) PROJECTS NOT YET AWARDED AS NT 1. system bridge program is administered by the Texas ate) to replace or rehabilitate structurally deficient and !erred to as deficient) bridges located on public roads and ay system; and Christi, hereinafter referred to as the Local Government :nt 1 for list), on Road/Street, National Bridge Inventory tent 1 for list). Local Destination Number (see attachment ~dy the bridges is included in the currently approved Texas Transportation Commission Minute Order Numbers 2001 and October 2002, Control-Section-Job (CS J) WHEREAS, Texas Admini~ 15.55(d) provides that under specific participation requirement may be wa or cause to be performed, an equival deficient bridges or deficient malnla~ project of structural improvement w, trative Code, Title 43, Section 15.55(d)(43 TAC Section :1 conditions the 10 percent Local Government match fund ired with agreement by the Local Government to perform, ;nt dollar amount of structural improvement work on other te cross-drainage structures within its jurisdiction, such a ,rk being referred to as an "equivalent-match projects"; and WHEREAS, the estimated 1, federal off-system bridge projects is referred to as the "participation-waix Government proposes be waived an( match project structural improvemer ~cal match fund participation requirement on the approved fixty-five thousand five hundred ($65,500), hereinafter ed'~ projects, such as participation requirement the Local in return perform or cause to be performed equivalent- t work. NOW, THEREFORE, BEIT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT the Local Government perform, or cause to be performed, the following equivalentqmatch project in return for waiver of the local match fund participation requirement on the app?oval federal off-system bridge program (participation- waived) projects not yet awarded: See attachment I for list) r) ATTACHMENT No. 2 Page 1 of 4 BE IT FURTHER RESOLVED that in receiving this waiver the Local Government acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but are not restricted to the following: permitting requireme The work on the prot begin until the local completed. The Local Govemm, The Local Government must be currently in compliance .with load posting and closure regulations a~ defined in National Bridge Inspection Standards under US Code of Federal Reg~. lations, Title 23, Section 650.303. The equivalent-matclt project work increases the load capacity of the existing bridge or other mainline cross-drainage structure, or upgrades the structure to its original loan capacit~ with a minimum upgrade to safely carry school bus loading if located on a schoo~ bus route. In performing, or causing to be performed, the equivalent-match projects, the Local Government a~ sumes all responsibilities for engineering and construction, and complying with ~ 11 applicable state and federal environmental regulations and ats for the structures being improved. osed equivalent-match projects have not begun and will not aatch funds participation waiver approval process has been at will be allowed three years after the contract award of the participation-waived projects to complete the structural improvement work on the equivalent-match prolects. Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and Local Gov~mment. ATTEST: Armando Chapa, City Secretary Approved: /~ '~ /~hn P. Burke, Jr. [ L/Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI ATTACHMENT No. 2 Page 2 of 4 CORPUS CHRISTI, TEXAS The above resolution was passed b' Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott ,2003 the following vote: H:kLECJ-DIR\j ohn~T~SOLUTNDOT Bridge Projects.9~pd 025254 ATTACHMENT No. 2 Page 3 of 4 ATTACHMENT No. 2 Page 4 of 4 County: CS J: Road/Street/Highway: Feature Crossed: 15 Digit NBI Structure No.: Local Designation No.: Nueces 0916-35-125 Wooldridge Road Drainage Ditch_~..~ 0 16-178~B02186-001 Drainage ditch @ Wooldridge Rd. A LIST I EQUI' Location (and structure On Sch~ identification number, Bus Ro~ if applicable) (Yes/I' Laguna Shores Yes 16-178B01100-002 YTACHMENT C (See Note **) )F DISTRICT ENGINEER APPROVED [ALENT-MATCH PROJECT(S) (EMP) ~ol Historic rte? Bridge? o) (Yes/No) No Description of Structural or Safety Improvement Work Estimated Cost Structure replacement $525,000 Total $525,000 EMP work credited to this PWP (See Note *) 43,040 Balance of EMP work credited to ass ~ciated PWP(s) $481,960 Associated PWP(s) Control-Section- CSJ 0916-35-126 CSJ 0916-35-121 ob (CSJ) Amount to be Credited to Associated PWP (s) Note *: This total should typically equal the "Balance of Local Government Participation" that is waived as shown in Attachment D. Note**: This attachment not applicable for non-Participation-Waived Projects (PWP) Bridge AFA Page 14 - 15 Bridge Division 10-2002-L. 1 L E. OEND: "4 -, COF -- BOLO71 (PWP) ICIPATION WAIVED PROJECT VALENT MATCH PROJECT C H R iIDGE RD/ i001 LEXINGTON RD .,~01159001 ,, / STRUCTURE LOCATION MAP ATTACHMENT "B" County: Nueces CSJ: 0916-35-125 Road/Street/Highway: Wooldridge Road Feature Crossed: Drainag~o 15 Digit NBI Structure No.: 16-1781B02186-001 Local Designation No.: Drainage ditch @ Wooldridge Rd. Preliminary Engineering (PE) Ten (10) Percent or EDC Adjusted i xcent of PE for Local Government Particip ttion Construction Engineering and Contingency (E&C~ ATTACHMENT D STIMATE OF DIRECT COSTS Estimated Cost (1) $ 64,o00 320,000 46,400 Local Government Participation (3) $ 6,4O0 The Sum of Construction and E&C Ten (10) Percent or EDC Adjusted P :rcent of the Sum of Construction and E&C for Local Government Participation Amount of Advance Funds Paid by Iocal Government * Amount of Advance Funds to be Pai~ ~ by Local Government * Balance of Local Government Participation which is to be Waived where the Project is a PWP I (2) 366.400 (4) 36,640 (5) ( 0.O0 ) (6) ( 0.O0 ) (3+4-5-6) $43,040 Total Project Direct Cost (1+2) $430,400 * Credited Against Local Govemme at Participation Amount If this Project is to be a PWP, Amount of EMP Work Being Credited to this PWP a Shown on Attachment C. $43,040 Bridge AFA Page 15- 15 Bridge Division 10-2002-L.1 STATE OF TEXAS § COUNTY OF TRAVIS § ADV3 For Bri THIS Advance Funding Agreen~ Texas, acting by and through the "State", and the City of Corpus hereinafter called the "Local Gov¢ WHEREAS, Title 23, United Sta! States in the replacement or rehabi and streets, including those under WHEREAS, the Texas Transport. State shall plan and make policies highways and public roads in coo WHEREAS, the Local Governm located at Lexington and said bric federal-aid Highway Bridge Repl~ Texas Transportation Commissior 2001; and County: CS J: Project: Road/Street/Highway: 15 Digit NBI Structure No.: Local Designation No.: Feature Crossed: ORIGINAL Nueces 0916-35-121 0916-35-121 Lexington~........-~ O 16-178q301159-001 Drainage ditch @ Lexington Drainage ditch NCE FUNDING AGREEMENT lge Replacement or Rehabilitation Off the State System ent (the Agreement) is made by and between the State of 'exas Department of Transportation, hereinafter called the hristi, acting by and through its duly authorized officials, mment." WITNESSETH ~s Code Section 144 authorizes federal funds to assist the litation of deficient bridges located on public highways, roads he jurisdiction of local governments; and Ltion Code, Sections 201.103 and 222.052 establish that the for the construction of a comprehensive system of state eration with local governments; and nt owns a bridge or bridges located on a public road or street ge(s) is included in the currently approved off-state system :ement and Rehabilitation Program (HBRRP) as authorized by Minute Order number108653, dated number September 27, WHEREAS, the Governing Bod)~ of the Local Government has approved entering into this Agreement by resolution or ordina~ce which is attached hereto and made a part hereof as Attachment A and which provides~ for development of the specific programmed replacement or rehabilitation project, hereinafter dalled the "Project", identified in the location map shown as Attachment B. TxDOT 2003-326 06/24/03 Res. 025350 Page 1 - 15 Bridge Division 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. Period of this Agreement This Agreement becomes efl Agreement fully executed. provided in Article 2. 2. Conditions for Terminati~ a. The Agreement is termir b. Breach of this Agreemer breaching party; or c. If the Local Government proceed, in which case ti percent of its reasonable 3. Amendments Amendments to this Agreen the terms of the Agreement, enacted through a mutually: Agreement. 4. Remedies This Agreement shall not be Agreement default, but all r~ either party to this Agreeme 5. Scope of Work The scope of work for this ~ identified in the recitals of ti accomplished in the manner in accordance with this Agn AGREEMENT ective when signed by the last party whose signing makes the 'his Agreement shall remain in effect until terminated as of this Agreement tted in writing with the mutual consent of the parties; or t, in which case any cost incurred shall be paid by the elects not to develop the project and the project does not e Local Government agrees to reimburse the State for 100 actual direct and indirect costs incurred for the project. ent may be made due to changes in the character of the work, ~r the responsibilities of the parties. Amendments shall be ,,reed upon, written amendment executed by all parties to this onsidered as specifying the exclusive remedy for any medies existing at law and in equity may be availed of by and shall be cumulative. .greement is the replacement or rehabilitation of the bridge(s) tis Agreement. This replacement or rehabilitation shall be described in the plans, specifications and estimates developed ement and which are incorporated herein by reference. 6. Right of Way and Real PrOperty The Local Government is responsible for the provision and acquisition of all necessary right of way and will not be !reimbursed with federal or state funds for the required right of way. The Local Governmeflt authorizes the State, its consultant, contractor, or other Bridge AFA Page 2 - 15 Bridge Division 10-2002-L. 1 designated representative to enter the site(s) of said bridge(s) and adjacent right of way or relocation right of way to perform surveys, inspections, construction and other activities necessary to replace or rehal~ilitate said bridge and approaches. 7. Adjustment of Utilities The Local Government shall utility facilities in accordanc procedures. The Local Gow the cost of required utility w 8. Environmental Assessmen~ 10. Development of the Project the National Historic Presep federal-aid projects. a. The State is responsible: problems associated witt b. Cost participation in env the parties in the same r~ construction costs identi: c. The State is responsible for development of the e be responsible for the adjustment, removal or relocation of with applicable State laws, regulations, rules, policies and rnment will not be reimbursed with federal or state funds for )rk. and Mitigation nust comply with the National Environmental Policy Act and ttion Act of 1966, which require environmental clearance of )r the identification and assessment of any environmental the development of the Project governed by this Agreement. ronmental assessment and remediation work shall be paid by rio as construction costs and will be included in the led in Attachment D, "Estimate of Direct Costs". 'or providing any public meetings or public heatings required lvironmental assessment The State will not begin construction of the Project until identified environmental problems have been remediated, unlesI provided for otherwise. Compliance with Texas At eessibility Standards and ADA All parties to this Agreemen Project subject to this Agree (TAS) issued by the Texas [ Architectural Barriers Act, t minimum accessibility requi requirements of the Americ~ shall ensure that the plans for and the construction of the nent are in compliance with the Texas Accessibility Standards ~epartment of Licensing and Regulation, under the xticle 9102, Texas Civil Statutes. The TAS establishes rements to be consistent with minimum accessibility ns with Disabilities Act (P.L. 101-336) (ADA). Architectural and Engmee~ng Serwces will be Provided by the State The State is responsible for performance of any required architectural or preliminary engineering work. The Locgl Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Loc~al Government in accomplishing these local public purposes to the degree permitted by state and federal law. The Local Government review shall not unduly delay the development of the Project. Bridge AFA Page 3 - 15 Bridge Division 10-2002-L. 1 11. Construction Responsibilities The State shall advertise ifor construction bids, issue bid proposals, the bids and award and a Administration of the co: and for issuance of any c additional work orders, x construction contract. In authorized by the State p b. Upon completion of the i acknowledging the Proje 12. Project Maintenance After the Project has been ct and operate and maintain th{ at no charge of toll to the pu construction under this Agre 13. Local Project Sources and A Project Cost Estimate Attachment D provides ~ preliminary engineering, Project in total and by th The required Local Govl of the eligible work at th during construction exce cost item ineligible for s estimated direct enginee responsible for the direc not eligible for federal p is also responsible for ar Government. receive and tabulate Jminister the contract for construction of the Project. ttract includes the responsibility for construction engineering range orders, supplemental agreements, amendments, or ~hich may become necessary subsequent to the award of the order to ensure federal funding eligibility, projects must be rior to advertising for construction. ~roject, the State will issue a "Notification of Completion" :t's construction completion. mpleted, the Local Government shall accept full ownership, facilities authorized by this Agreement for the benefit of and )lic. This covenant shall survive the completion of :ment. Uses of Funds is provided in Attachment D, "Estimate of Direct Costs". source of funds estimate as well as the estimated direct construction engineering, and constmction costs for the ~ Local Government. :mment participation is based solely upon the State's estimate : time this Agreement is executed and will not be adjusted pt as needed to include any Project cost item or portion of a ate or federal participation. In addition to its share of ing and construction costs, the Local Government is cost of any project cost item or portion of a cost item that is trticipation under the federal HBRRP. The Local Government cost resulting from changes made at the request of the Local d. After execution of this )4greement, but thirty (30) days prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department 0f Transportation" in the amount specified in Attachment D for the Local Government's~ontribution for preliminary engineering. The Local Govemment will pay at a minimum its funding share for this estimated cost of preliminary engineeringi e. Forty-five (45) days pridr 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 a,d construction costs and any other costs owing. f. If at the completion or te~rmination of the Project the State determines that additional funding is required by the Local Government, the State shall notify the Local Bridge AFA Page 4 - 15 Bridge Division 10-2002-L.1 14. Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. 'roject, the State will perform an audit of the Project costs. al Government, the State, or the Federal Government will be ag party. crest on any funds provided by the Local Government. mding participation responsibilities include Project direct he Project is terminated before completion at the request of the tressed in the Termination provision of this Agreement. proved for a "fixed price" or an "incremental payment' non- tent arrangement under 43 TAC §15.52, this Agreement will the fixed price or the incremental payment schedule. :xas Transportation Code Section 222.053 certain counties Disadvantaged Counties (EDC) in comparison to other low average per capita property value, and below average per average unemployment, for certain years. If applicable, in C status that may be applicable for the Project, the required ation has been adjusted to N/A percent as authorized by Texas on Minute Order Number N/A, dated N/A. 1. e the contract for the construction of a Project until the a made available by the Local Government in accordance with this Agreement. Performance by Local Go, ernment of. Equivalent-Match .Pr. ojects (E?~. s) in Return for Waiver of Local Match Participation Funding on Part~c~pation-Wmved Projects (PWPs) a. Apphcabthty. If a request for wmver has been received and approved by the State District Engineer, then ttle required ten percent matching fund participation or percent as adjusted for EDC consideration, as shown in Attachment D, "Estimate of Direct Costs", but excluding ineligible costs under the bridge program, is waived. This waiver is based on the commitn~ent of the Local Gove,~men,,t to spend an equivalent amount of funds for structural or safety improvement on other bridge structures and other conditions as specified i9 43 TAC Section 15.55(d). If a waiver has been granted, the Pro!,ect sh,a, ll be defined ~o be a Participation-Waived Project (PWP) and the work on the other' bridge structgres that will be improved by the Local Government shall be defined to be the Equivalent-Match Project(s) (EMP). Attachment C to this Agreement shows a list of EMP(s) under this Agreement. b. Project Cost Estimate fo~' PWP. Attachment D to this Agreement shows the estimated direct preliminary engineering, construction engineering and construction costs for the PWP in total and local rCatch fund participation being waived, or partially waived. c. Credit Against EMP WOrk. Any local match fund participation that has already been paid, or which the Locali Government is agreeable to paying to the State, will be credited against EMP work to be performed by the Local Government. If applicable, this credit(s) will be reflected in Attachment D to this Agreement. d. Responsibilities of the I~ocal Government on EMP(s). Upon completion of the Any funds due to the Loc promptly paid by the owi The State will not pay in~ The Local Government f costs only, except when I Local Government as ad~ If the Project has been a[ standard funding or payn clearly state the amount ~ Under the provisions of ~ qualify as Economically counties in the state as b~ capita income, and abow consideration of such EE local match fund particil: Transportation Commiss The State will not execul required funding has bee Bridge AFA Page 5 - 15 Bridge Division 10-2002-L. 1 (1) The Local Government shall be responsible for all engineering and construction, and related costs thereto, and complying with all applicable state and federal environmental regulations and permitting requirements. 'ety improvement work on the EMP(s) shall be performed ~al execution of this Agreement but within three (3) calendar :st contract award of the related PWP(s). (3) ion, suitable for audit, of the structural or safety improvement the EMP(s) shall be kept on file by the Local Government for :ompletion of work or claims, lawsuits, or audits related s longer. A notice of completion of work on the EMP(s) shall ;tate's District Engineer no later than thirty (30) calendar days :ted on the EMP(s). (4) I Government to adequately complete the EMP(s) within the dod shall result in the Local Government being excluded from 'ers for a minimum of five (5) years. kdditional Work Not Waived. Regardless of any waiver of : Local Government shall pay the State 100 percent of the }ortion of a cost item that is not eligible for federal or state :ent of the costs resulting from additional work on the PWP :quest of the Local Govemment. If the ineligible or additional leering, the payment shall be made at least thirty (30) days ~reliminary engineering work on the PWP. If the ineligible or struction or construction engineering, the payment shall be ~5) days prior to the date set for receipt of bids for construction of the PWP (2) The structural or sa subsequent to the fi years after the earli, Written documenta work completed on four (4) years after thereto, whichever be delivered to the after work is compl Failure by the Loca stated three-year pc receiving such wai, Funding of Ineligible or. eligible program costs, tt cost of any PWP item or participation, and 100 pe performed solely at the r, work is preliminary engi prior to the beginning of additional work is for co made at least forty-five ( 15. Notices All notices to either party b~the other required under this Agreement shall be delivered personally or sent by certifie~l or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: Tex~s Department of Transportation Att~: District Engineer P.Ot Box 9907 Corpus Christi, TX 78469 Local Government: Cit~ of Corpus Christi Att~: Director of Engineering Services P.Oi Box 9907 Corpus Christi, TX 78469 All notices shall be deemedgiven on the date so delivered or so deposited in the mail, unless otherwise provided h~rein. 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 Bridge AFA Page 6 - 15 Bridge Division 10-2002-L. 1 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. 16. Legal Construction In case one or more of the p~ held invalid, illegal or unenf unenforceability shall not af: as if it did not contain the in 17. Responsibilities of the Par! The parties to this Agreemeg other party and each party al as the acts and deeds of its 18. Ownership of Documents Upon completion or termina shall remain the property of made available to the State documents produced or app~ transmitted to the State in th required by the State. The 19. Compliance with Laws 20. The parties shall comply wi~ and regulations, and the ord~ tribunals in any manner affe Local Government shall fun ~visions contained in this Agreement shall for any reason be )rceable in any respect, such invalidity, illegality or ect any other provisions and this Agreement shall be construed ralid, illegal or unenforceable provision. ies t agree that no party is an agent, servant, or employee of the :ees it is responsible for its individual acts and deeds as well ntractors, employees, representatives, and agents. ;ion of this Agreement, all documents prepared by the State :he State. All data prepared under this Agreement shall be 7ithout restriction or limitation on their further use. All oved or otherwise created by the Local Government shall be ~ form of photocopy reproduction on a monthly basis as riginals shall remain the property of the Local Govemment. ~all federal, state, and local laws, statutes, ordinances, roles ,rs and decrees of any courts or administrative bodies or :ting the performance of this Agreement. When required, the fish the State with satisfactory proof of this compliance. Sole Agreement This Agreement constitutes lhe sole and only agreement between the parties and s, upersedes any prior understandings or ~vritten or oral agreements respecting this Agreement s subject matter. 21. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed w~th federal funds, the parties shall comply with the Cost Principles established in O1~ Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. Bridge AFA Page 7 - 15 Bridge Division 10-2002-L. 1 22. Procurement and Property Management Standards The parties shall adhere to tl~e procurement standards established in Title 49 CFR § 18.36 and with the property management standard established in Title 49 CFR §18.32. 23. Inspection of Books and R~ The parties to the Agmemen records and other document~ make such materials availab the Federal Highway Admin General, or their duly author during the contract period ar defined under this contract c Additionally, the State, the I representatives shall have ac to this Agreement for the pu transcriptions. 24. Office of Management and The parties shall comply wit P.L. 98-502, ensuring that Cimular No. A-128 through August 31, 2000. ~cords : shall maintain all books, documents, papers, accounting tion relating to costs incurred under this Agreement and shall e to the State, the Local Government, and, if federally funded, tstration (FHWA), and the U.S. Office of the Inspector :zed representatives for review and inspection at its office for four (4) years from the date of completion of work until any impending litigation, or claims are resolved. ocal Government, and the FHWA and their duly authorized :ess to all the governmental records that are directly applicable >ose of making audits, examinations, excerpts, and Budget (OMB) Audit Requirements a the requirements of the Single Audit Act of 1984, e single audit report includes the coverage stipulated in OMB August 31, 2000 and stipulated in OMB Cimular A-133 after 25. Civil Rights Compliance The parties to this Agreeme~ Transportation as they relate §710.405(B)), and Executiw amended by Executive Orde Regulations (41 CFR Part 6{ 26. Disadvantaged Business E~ t shall comply with the regulations of the U.S. Department of to nondiscrimination (49 CFR Chapter 21 and 23 CFR Order 11246 titled "Equal Employment Opportunity," as ~! 1375 and supplemented in the Department of Labor ~terprise Program Requirements The patties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. Bridge AFA Page 8 - 15 Bridge Division 10-2002-L. 1 27. Debarment Certifications The parties are prohibited frt or suspended or otherwise er Assistance Programs under [ parties to this contract shall ~ under this contract to certify the State, to furnish a copy o (Debarment and Suspensionl 28. Lobbying Certification In executing this Agreement belief, that: a. No federal appropriated parties to any person for of any federal agency, a an employee of a Memb~ contract, the making of ~ into of any cooperative a amendment, or modifica m making any award at any tier to any party that is debarred cluded from or ineligible for participation in Federal ~xecutive Order 12549, "Debarment and Suspension." The :quire any party to a subcontract or purchase order awarded its eligibility to receive federal funds and, when requested by ? the certification in accordance with Title 49 CFR Part 29 the signatories certify to the best of his or her knowledge and Unds have been paid or will be paid by or on behalf of the influencing or attempting to influence an officer or employee vlember of Congress, an officer or employee of Congress, or :r of Congress in connection with the awarding of any federal ny federal grant, the making of any federal loan, the entering greement, and the extension, continuation, renewal, ion of any federal contract, grant, loan, or cooperative agreement. If any funds other than f{deral appropriated funds have been paid or will be paid to any person for influencing o~ attempting to influence an officer or employee of any agency, a Member of Congress, 9n officer or employee of Congress, or an employee of a Member of Congress in ~onnection with federal contracts, grants, loans, or cooperative agreements, the signator~ for ?,e Local Government shall complete a,,nd submit the Federal Standard Form-IfLL, Disclosure Form to Report Lobbying, in accordance with its instructions. The parties shall require ~hat the language of this certification be included in the award documents for all subaw~rds at all tiers (including subcontracts, subgrants, and contracts under grants, 19ans, and cooperative agreements) and that all subrecipients shall certify and disclos~ accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the Project and affirm this c~rtification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transactiorl imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Bridge AFA Page 9 - 15 Bridge Division 10-2002-L. 1 29. Successors and Assigns The State and the Local Gov and administrators to the oth assigns, and administrators Agreement. 30. Local Government Restricl In the case that the local gov, commissioners court order, t state or federal regulations tlr local government is responsi policy, directive, or change. 31. Signatory Warranty The signatories to this Agree Agreement on behalf of the :rnment each binds itself, its successors, executors, assigns, ~r party to this Agreement and to the successors, executors, such other party in respect to all covenants of this ions :mment has an existing, future or proposed local ordinance ~le policy, or other directive that is more restrictive than the at results in an increase cost to the State for the project, the >le for all increased costs associated with the ordinance, order, naent warrant that each has the authority to enter into this ,arty represented. Bridge AFA Page 10 - 15 Bridge Division 10-2002-L.1 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THELOCAL GOVERNMENT By: Sig~e Printed Namgof Signato Title: Date: THE STATE OF TEXAS Executed for the Executive Direct the purpose and effect of activatin programs heretofore approved ant >r and approved for the Texas Transportation Commission for ; and/or carrying out the orders, established policies or work authorized by the Texas Transportation Comanission. B_~y: ,-- Mary Lou Ralls, P.E. Director, Bridge Divisio Date: Cl"Pr' SEG°,ETAFIY ~y {~UNCIL ..... ~~ Bridge AFA Page 11 - 15 Bridge Division 10-2002-L. 1 C ity of grpus. Christi David B. Casteel, P.E. ~ Corpus Christi District Engineer Texas Depadment of Transport~ P.O. Box 9907 Corpus Chdsti, Texas 78469-9~ SUBJECT: Request for Waiv( Federal Off-Syste~ Dear Mr. Casteel: Under the provisions of Texas of Corpus Christi requests waiv, federal off-system bridge projec "Participation-Waived Match" P~ In return for waiver of this partic amount of structural improvem~ bridge structure, referred to as' construction of the Laguna Sho Shores Road Bddge at the Trc jurisdiction of City Council. tJon coRPus =?.,. MAY 2 9 Z003 May 27, 2003 City: Corpus ChH '~ ii il I Project: BHdRe Replacements ~07 r of Local Match Fund Participation Requirement on Bridge Program Project dministrative Code, Title 43, Section 15.55(d), the City ,~r of the local match fund participation required on the ~,s listed in Attachment No 1, labelled as the ojects. pation, the City proposes to fund an equivalent dollar nt work on another deficient City of Corpus Christi Equivalent-Match Project" in Attachment No. 1. The · es Road Improvement Project includes the Laguna ic Isles Canal located within the City limits and A copy of the appropriate requi~ed Resolution approved by City Council on May 13, 2003 is also attached, Attachment No. 2. We appreciate your assistance in processing this request. Attachments: Attachment No. 1 Attachment No. 2 For TxDOT/Use Only Engineering Services P.O.Box 9277 · Corpus Ch.risti,_Tex~as 78--469-9277 · (361) 880-3500 RESOLUTION AUTHORIZING THE CI' EQUIVALENT-MATCH IMPROVEMENTS PROJE~ LOCAL MATCH FUND APPROVED FEDERAl (PARTICIPATION-WAIV! SHO~rN ON ATTACHME! WHEREAS, the federal off-~ Department of Transportation (the St~ functionally obsolete (collectively ref streets off the designated state highw.' WHEREAS, City of Corpus ~ owns bridges located at (see attachm( (NBI) Structure Number (see attachm I for list); and FY OF CORPUS CHRISTI TO PERFORM PROJECT (LAGUNA SHORES ROAD 2T #6158) IN RETURN FOR WAIVER OF THE 'ARTICIPATION REQUIREMENT ON THE OFF-SYSTEM BRIDGE PROGRAM D) PROJECTS NOT YET AWARDED AS ~T 1. ystem bridge program is administered by the Texas .te) to replace or rehabilitate structurally deficient and ~'rred to as deficient) bridges located on public roads and y system; and 2hristi, hereinafter referred to as the Local Government nt 1 for list], on Road/Street, National Bridge Invemory ent 1 for list]. Local Destination Number (see attachment WHEREAS, a project to remedy the bridges is included in the currently approved program of projects as authorized by ll'exas Transportation Commission Minute Order Numbers 108653 and 109061 dated Septemberi2001 and October 2002, Control-Section-Job (CS J) Number see attachment 1 for list); and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d)(43 TAC Section 15.55(d) provides that under specified conditions the 10 percent Local Government match fund participation requirement may be waiyed with agreement by the Local Government to perform, or cause to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges or deficient mainlane cross-drainage structures within its jurisdiction, such a project of stmcturai improvement work being referred to as an "equivalent-match projects"; and WHEREAS, the estimated lO.~al match fund participation requirement on the approved federal off-system bridge projects is ~ixty-five thousand five hundred ($65,500). hereinafter referred to as the "participation-waived'! projects, such as participation requirement the Local Government proposes be waived and lin return perform or cause to be performed equivalent- match project structural improvement work. NOW, THEREFORE, BE I~r RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT the Local Government perform, or cause to be performed, the following equivalent-match project in return for waiver of the local match fund participation requirement on the approval federal off-system bridge program (participation- waived) projects not yet awarded: See attachment 1 for list) ATTACHMENT No. 2 Page I of 4 BE IT FURTHER RESOLVED that in receiving this waiver the Local Government acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but are not restricted to the following: The Local Govemmer closure regulations as Code of Federal Regu The equivalent-match bridge or other mainla original loan capacity if located on a school In performing, or cam Local Government and complying with al permitting requiremer The work on the prop~ begin until the local rr completed. t must be currently in compliance with load posting and ]efined in National Bridge Inspection Standards under US ations, Title 23, Section 650.303. project work increases the load capacity of the existing ae cross-drainage structure, or upgrades the structure to its a4th a minimum upgrade to safely carry school bus loading )us route. ing to be performed, the equivalent-match projects, the Lanes all responsibilities for engineering and construction, I applicable state and federal environmental regulations and ts for the structures being improved. ~sed equivalent-match projects have not begun and will not atch funds participation waiver approval process has been The Local Governmel~t will be allowed three years after the contract award of the participation-waived l~rojects to complete the structural improvement work on the equivalent-match projgcts. ShoUld this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and Local Government. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved: /~ '~ /~hn P. Bur~-e, Jr. k/Assistant City Attorney For City Attorney ,2003. ATTACHMENT No.; Page 2 of 4 CORPUS CHRISTI, TEXAS The above resolution w Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott ~ following vote:' 2003 H:kI~G-DIR\j ohn~ESOL~T Bridge Projcct~,wpd ATTACHMENT No. 2 Page 3 of 4 ATTACHMENT No.1 County: CS J: Road/Street/Highway: Feature Crossed: 15 Digit NBI Structure No.: Local Designation No.: Nueces 0916-35-121 Lexington Draina~0 16-178tB01159-001 Drainage ditch@Lexington LIST, EQUI Location (and structure identification number, if applicable) Laguna Shores 16-178-B01100-002 On Sch Bus Ro (YesR Ye.~ TTACHMENT C (See Note **) DISTRICT ENGINEER APPROVED VALENT-MATCH PROJECT(S) (EMP) Jte? lo) Historic Bridge? (Yes/No) No Description of Structural or Safety Improvement Work Structure replacement Estimated Cost $525,000 $525,000 Total EMP work credited to this PWP (Se~ Note *) 29,724 Balance of EMP work credited to aslociated PWP(s) $495,276 Associated PWP(s) Con~ol-Section-~ob (CSJ) Amount to be Credited to Associ.a. ted PWP (s) ,3 .... oo q.q, oqo CSJ 0916-35-125 .... '~ CSJ0916-35-126 7-2/-03 Note *: This total should typically equal the "Balance of Local Government Participation" that waived as shown in Attachment D. Note**: This attachment not applicable for non-Participation-Waived Projects (PWP) is Bridge AFA Page 14 - 15 Bridge Division 10-2002-L. 1 ,, ~ LEGEND: TICIPATION WAIVED PROJECT ip = EOUI VA L EN T MA TCH PROJECT B II STRUCTURE LOCATION MAP ATTACHMENT County: Nueces CSJ: 0916-35-121 Road/Street/Highway: Lexington Feature Crossed: Drainage &tc~.~.~ 0 15 Digit NBI Structure No.: 16-178~B01159-001 Local Designation No.: Drainage ditch @ Lexington ATTACHMENT D STIMATE OF DIRECT COSTS Estimated Cost Government Participation Preliminary Engineering (PE) / / Ten (10) Percent or EDC Adjusted Percent of PE for Local Government Participation Construction (1) $ 44,200 (3) 22L000 Engineering and Contingency (E&C~ 32,045 The Sum of Construction and E&C (2) 253.045 Ten (10) Percent or EDC Adjusted Percent of the Sum of Construction and E&C for Local Government Participation (4) Amount of Advance Funds Paid by Local Government * (5) ( Amount of Advance Funds to be Paid by Local Goverrmaent * (6) ( Balance of Local Government Partic!pation which is to be Waived where the Project is a PWP (3+4-5-6) Total Project Direct Cost (1+2) $297,245 * Credited Against Local Government Participation Amount $ 4,420 25,304 o.oo ) 0.00 ) $29,724 If this Project is to be a PWP, Amount of EMP Work Being Credited to this PWP aS Shown on Attachment C. $29,724 Bhdge AFA Page 15- 15 Bridge Division 10-2002-L. 1 ) ) _ July 28, 2003 City of Corpus Christi Angel Escobar, P.E. Director of Engineering Services P.O. Box 9277 Corpus Christi, TX 78469 Bridge Replacement projects CSJ 0916-35-121 CSJ 0916-35-125 CSJ 0916-35-126 Dear Mr. Escobar; We have received the fully executed Advance Funding Agreements for the above referenced projects and I am forwarding yourl original copies of the agreements (attached) for your files. If you have any questions or need additional information concerning these agreements, please let me know. Agreements Coordinator Attachments cc: District project file Martin Horst, P.E. An Equal Opportunity Employer