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Home My WebLink About027085 RES - 12/19/2006Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) IN THE AMOUNT OF $4,080 FOR THE HOLLY ROAD IMPROVEMENTS FROM SH 286 TO GREENWOOD DRIVE. (BOND ISSUE 2004) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $4,080 for the HoIIy Road improvements from SH 286 to Greenwood Drive. (Bond Issue 2004). A copy of the Agreement is attached and is on file with the City Secretary ATTEST Armando Chapa Assistant City Secretary CITY OF CORPUS CHRISTI AP. ...L.. Hen Garre Mayor, City .f Corpus Christi APPROVED as to form: December 14, 2006 oyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H: LEG -DIR\ Jeannie \Doyle\Resolut ons\AdvanceFundAgmtTXDOT- HoIIy- Greenwood.doc Page 2of2 Corpus Christi. Texas of ,`}� a1`)bt ';r- , 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 027083 H: AEG- DIR\.JeannielDoyle \Resolut ons\AdvanceFundAgmtTXDOT- Holly - Greenwood.doc CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Finance of the City of Corpus Christi, Texas (or his /her duly authorized representative), hereby certify to the City Council and other appropriate officer that the money required for the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. City Council Action Date: December 19, 2006 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $4,080 for the Holly Road Improvements from SH 286 to Greenwood Drive. (BOND ISSUE 2004) Amount Required: $4,080.00 CIP *Streets 14 Fund Name Account No. Fund No. ; 3541 Org. No. 00000 Project No. 200566 Amount $4,080.00 Street CIP t 550950 - I Total $4,080.00 Certification Not Required Director of Finane l S ices Date: / HOME\ Rachene \GEN \Streetsi640B -HOUyV 3ENDA COVER doc STATE OF TEXAS COUNTY OF TRAVIS LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For Holly Road Improvements CSJ #: 0916 -35 -150 District #: 16 Code Chart 64 #: 38000 Project: STP ( ) MM THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the City of Corpus Christi, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 10986 that provides for the development of and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B 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 The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as preliminary engineering and design for construction of a 4 -lane roadway and protected left turn lane with new curb and gutter and sidewalks; ADA curb ramps; lane striping and pavement markings; underground storm water system improvements; water and wastewater improvements; removal of abandoned /unused driveways; and new street lighting. Location of the project is on Holly Road from SH 286 to Greenwood Drive in Corpus Christi. AFA -LPAFA ShortGen.doc Page 1 of 7 Revised 2/2/06 CSJ #: 0916 -35 -150 District #: 16 Code Chart 64 #: 38000 Project: STP ( ) MM 5 Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the Local Government. The Local Government is responsible for performance of any required architectural or preliminary engineering work. The State will review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities — not applicable. 11 Project Maintenance — not applicable. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Government's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non - federal and non -state funding, including all project cost overruns, unless otherwise provided for in this Agreement or through amendment of this agreement. d Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. e In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. f. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in AFA -LPAFA ShortGen.doc Page 2 of 7 Revised 2/2/06 CSJ #: 0916 -35 -150 District #: 16 Code Chart 64 #: 38000 Project: STP ( ) MM the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. h The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 13 Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes. specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 14 Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15 Insurance. If this agreement authorizes the Local Government or its contractor to perform any work on State right of way. before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. AFA -LPAFA ShortGen.doc Page 3 of 7 Revised 2/2/06 CSJ #: 0916 -35 -150 District #: 16 Code Chart 64 #: 38000 Project: STP ( ) MM IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: Title: Date (Signature) THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Date Janice Mullenix Director of Contract Services Section Office of General Counsel Texas Department of Transportation AFA- LPAF.4 ShortGen.doc Page 4 of 7 Revised 2/2/06 AFA -LPAFA ShortGen.doc ATTACHMENT A Resolution of Local Government Approving This LPAFA Page 5 of 7 CSJ #: 0916 -35 -150 District #: 16 Code Chart 64 #: 38000 Project: STP ( ) MM Revised 2/2/06 CSJ #: 0916 -35 -150 District #: 16 Code Chart 64 #: 38000 Project: STP ( ) MM ATTACHMENT B Project Location Map End Project CSJ 0916 -35 -150 AFA -LPAFA ShortGen.doc Page 6 of 7 Begin Project CSJ 0916 -35 -150 Revised 2/2/06 CSJ #: 0916 -35 -150 District #: 16 Code Chart 64 #: 38000 Project: STP ( ) MM ATTACHMENT C Project Budget Estimate and Source of Funds The scope of work for this LPAFA is described as preliminary engineering and design for construction of a 4 -lane roadway and protected left turn lane with new curb and gutter and sidewalks; ADA curb ramps; lane striping and pavement markings; underground storm water system improvements; water and wastewater improvements; removal of abandoned /unused driveways; and new street lighting. Location of the project is on Holly Road from SH 286 to Greenwood Drive in Corpus Christi. Based on this Project's funding, Category 7 - STP Metro Mobility, the Local Government's participation is 20% of the cost of this particular improvement and the other 80% will be paid for with federal funds. Federal funds in an amount not to exceed $544,000 will be utilized to authorize the performance for contracted agreements for the Project. The Local Government's estimated participation of this Project work is $136,000 (20 %) plus direct costs and overruns in excess of the approved project budget as outlined below. The State has estimated the project to be as follows: Description Total Estimate Cost Federal Participation State Participation Cost Local Participation cyo Cost Planning and design work for Holly Road Direct State Costs (including plan review) TOTAL 0 20,400 80% 16,320 $700,400 $560,320 Direct State Cost will be based on actual charges. 0% $0 $140,080 Local Government's Participation (20 %) = $140,080 This is an estimate only. final participation amounts will be based on actual charges to the project. Following execution of the AFA, but prior to the performance of any review work by the State, the Local Govemment will remit a check or warrant in the amount of $4,080.00 made payable to the "Texas Department of Transportation" for the State's review of the plans. AFA -LPAFA ShortGen.doc Page 7 of 7 Revised 2/2/06