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Home My WebLink About028034 ORD - 01/27/2009RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AMENDMENT NO. 1 TO THE ADVANCE FUNDING AGREEMENT IN THE AMOUNT OF $13,200, FOR ADA ACCESSIBLE RAMPS AT MULTIPLE LOCATIONS ON STAPLES STREET FROM SIX POINTS TO LOUISIANA PARKWAY, AND ON WATER STREET FROM COOPERS ALLEY TO INTERSTATE HIGHWAY 37, MADE BY AND BETWEEN THE STATE OF TEXAS, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION, HEREINAFTER CALLED THE "STATE," AND THE CITY OF CORPUS CHRISTI. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute Amendment No. 1 to the Advance Funding Agreement with the State of Texas in the amount of $13,200 for the construction of ADA Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway, and on Water Street from Coopers Alley to Interstate Highway 37. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 19 -Jan -09 Veronica Ocanas Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI i APLl<Aa / Aa4 Henry Garr-tt Mayor 028034 H:\LEG-DIR\VeronicaO\1.ENG\1 AGENDA ITEMS \09\012709\012709 RESO am#1 to adv fund 4 ADA Ramps.doc j2g4 day of 2009. The above resolution waspas d bythe following vote: 9 Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Michael McCutchon 028034 H\LEG-DIR\Veronica0\1.ENG\1 AGENDA IT E M S\09\012709\012709 RESO am#1 to adv fund 4 ADA Ramps.doc STATE OF TEXAS § COUNTY OF TRAVIS § CSJ #: 0916-35-134 Dletdd #: Corms Christi District 16 Code Chart 64 #: 99800 Project: STP 20061288) MM ADVANCE FUNDING AGREEMENT AMENDMENT # 1 THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting 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 Govemment. WITNESSETH WHEREAS, the State and the Local Government executed a contract on the it day of October 2005 to effectuate their agreement to undertake and complete a Transportation Enhancement generally described as the construction of Americans with Disabilities Act (ADA) accessible ramps at multiple Locations and, WHEREAS, it has become necessary to amend that contract to address an authorized modification to the project locations to include the downtown area; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows: AGREEMENT Articiel. Description of Amended Items 1.) Article 4, Scope of Work, is voided in Its entirety and replaced with the following: 'The scope of work for the Project. which is at the locations shown in Attachment B-1 page 1 and page 2, Project Location Maps", are described as construction of ADA accessible ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway, and on Water Street from Coopers Alley to Interstate Highway 37 downtown of Corpus Christi. 2.) Article 9. Architectural and Engineering Services, is voided in its entirety and replaced with the following: The Architectural and Engineering Services will be provided by the Local Govemment. The Local Govemment is responslle 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 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. The Consultant Engineer hired by the Local Govemment shall sign, seal and date all appropriate engineering submissions to the State in accordance with the Texas Engineering Practice Act and the rules of the Texas Board of Professional Engineers. Should any resealing of the documents become necessary once the work has been sealed and accepted by the State, the State will notify the Consultant Engineer in writing of the possibility that a State Engineer, as a second Engineer may find it necessary to alter, complete, correct. revise and add to the work. If necessary the second Engineer will affix their seal to any work altered, completed, corrected, revised or added. The second Engineer will then become responsible for any alterations, additions or deletions to the original design including any effect or impacts of those changes on the original Engineer's design. The Local Government's Consultant Engineer shaN comply with all applicable federal, state and local laws, statues, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of the preparation of the PS&E and general notes. The Local Government's Consultant Engineer shah save harmless the State and it's employees of all claims and liability due to activities of itself, it's agents or employees, and work performed under the Local Government's contract with the Consultant Engineer that prepared the PS&E and general CSJ p: 0918-35-134 District tt: Coram Christi DIuUhct 18 Code Chart 84 It: in Project: STP 2008 t288t MM notes for this Project which are caused by or result from error, omission or negligent act of the Consulting Firm hired by the Local Government, it's agents or employees. 3.) Article 10, Construction Responsibilities, Item c, is voided in its entirety and replaced with the following: AN contract change order review and approval procedures must be approved by the State prior to start of construction. The Local Government will be responsible for any contractor claims that are the result of any delays that may be incurred by the contractor. 4.) Article 12. Local Project Sources and Uses of Funds, Item d, is voided in its entirety and replaced with the following: "The State will be responsible for securing the federal share of funding required for the development and construction of the Project. In an amount not to exceed eighty percent (80%) of the actual cost of the work up to the amount of funds approved for the Project by the Texas Transportation Commission. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to Project selection by the Texas Transportation Commission and approval by the State to proceed are not eligible for reimbursement Following execution of this Agreement, but prior to the performance of any review work by the State, the Local Govemment will remit a check or warrant made payable to the "Texas Department of Transportation" to cover administrative expenses and/or the estimated cost for the State's review of the preliminary plans, specification, and engineering (PS&E) work. The Local Govemment shall advance to the State upon execution of this agreement, a check or warrant made payable to the "Texas Department of Transportation' in the amount of $13,200.00 to cover assistance in the processing of the environmental assessment and reviewing the construction plans. In addition, the City shall submit 45 days prior to the project letting a check for the remaining balance. This amount collected will be utilized to process the engineering construction plans and construct the project. The maximum Federal Funds available for this project is $1,812,800.00." 5.) Article 12, Local Project Sources and Uses of Funds, item h, is voided in its entirety and replaced with the following: "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 direly under the contract or iridirecty 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.' 6.) Attachment C, Project Budget Estimate and Sources of Funds, is voided in its entirety and replace with Attachment C-1, Project Budget Estimate and Sources of Funds. All other provisions of the original contract are unchanged and remain in full force and effect. CSJ it 0918-36-134 District8: Corsa Christi District 16 Cods Chart 641: 09900 Project: 81? 2006 (2861 MM Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE LOCAL GOVERNMENT City of Cornus Christi Name of Local Government By: 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. Printed Name By: Janice Multinex Director of Contract Services Title Texas Department of Transportation Date Date Apprised melstpliam 0'ii-b Veronica Assistant City Attorney For City Attorney ATTACHMENT B -1 CSJ#: 0916-35-1M District #: Corpus Christi 16 Code Chart 64#: 09800 Project#: STP 2006 (288) MM % - V '7 �'-...i �eew.-.•� �` i"' '.h��irv'\fes .?� _/ LOCATION MAP LIMITS: FROM ON STAPLES STREET AT SIX POINTS TO LOUISIANA PARKWAY TYPE OF WORK: CONSTRUCT ADA ACCESS RAMPS CSJ: 0916-35-1'34 PROJECT LENGTH: APPROX. 0.001 MILES NUECES COUNTY. TEXAS CSJ#: 0916-35-134 District #: Corpus Christi 16 Code Chart 64#: 09800 Project#: STP 2006 (288) MM ATTACHMENT B - 1 LOCATION MAP LIMI1S: 1MII1BiI BM COOPS ALLOT TO H 07 TYPE OF WORK: CONSTRUCT ADA ACCESS RAMPS CSJ: 0916-35-134 PROJECT LENGTH: APPROX. 07 MILES NUECES COUNTY, TEXAS CSJ #: 0916-35-134 District #: Comas Christi District 16 Code Chart 64 #: 09800 Project: STP 2006 (288) MM ATTACHMENT C-1 PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS The Local Govemment will participate in the cost of the construction of ADA accessibility ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers Alley to IH -37 downtown of Corpus Christi. These locations are all off -system locations. Based on the funding Category 7, STP Metropolitan Mobility, the Local Government's participation is 20% of the cost of these improvements and the other 80% will be paid for with federal funds. The Local Government's estimated construction participation of this additional work is $453,200, including construction items, and engineering and contingencies. The State has estimated the project to be as follows: Description Total Estimate Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost CONSTRUCTION COSTS Preliminary Engineering $ 0 $ 0 $0 $ 0 Construction of ADA accessibility ramps 2,200,000 80% 1,760,000 0% 0 20% 440,000 Subtotal 2,200,000 1,760,000 0 440,000 Direct State Costs — 3% (including plan review, inspection and oversight) 66,000 80% 52,800 0% 0 20% 0% 13,200 0.00 Indirect State Costs— 5% (no local participation required except for service projects) 110,000 80% 88,000 20% 22,000 TOTAL $2,376,000 61,900,800 $22,000 $453,200 Engineering and contingencies charges will be based on actual charges. Local Government's Participation (20%) = $45$,ZQQ It is understood that the proposed improvements will be done by the Local Govemment. The Local Govemment will transmit to the State with the return of this Agreement, executed by the Local Govemment, a warrant or check in the amount of $13200 made payable to the "Texas Department of Transportation" to be used solely for the cost of improvements as requested by the Local Govemment. It is further understood that the State will include only those items for the improvements as requested and required by the Local Govemment. This is a construction estimate only; final participation amounts will be based on actual charges to the project. Revised 01-24-2008 Page 1 of 1 Attachment C-1 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: January 27; 2008 Agenda Item: (Caption as it should appear on the agenda) Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Advance Funding Agreement for ADA Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers Alley to Interstate Highway 37 in the amount of $13,200, 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. [BOND ISSUE 2004] Amount Required: $13,200 CIP NUMBER: ST 03 Fund Name Fund No. Account. No. Org. No. Project No. Amount Street 2005 CIP Fund 3541 550950 00000 170066 $13,200.00 Total $13,200.00 Certification Not Required Director of Financial Services Date: /-2_,- 0 q H:\USERS2\HOME\VELMAP\GEN\STREET\6300W MENDMENT NO. 2UGENDA COVER