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Home My WebLink About029032 RES - 04/19/2011Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AMENDMENT NO. 1 TO THE ADVANCE FUNDING AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION AND PORT OF CORPUS CHRISTI ("PORT") REGARDING DECORATIVE LIGHTING OF THE HARBOR BRIDGE, TO INCREASE PROJECT ESTIMATE FROM $1,864,000 TO $2,191,280; ADJUST CITY FUNDING PARTICIPATION FROM $298,000 TO $598,000, AND ALSO PROVIDE FOR CITY AND PORT TO EQUALLY SHARE UTILITIES AND OPERATION COSTS. WHEREAS, the City of Corpus Christi previously entered into a Local Transportation Project Advance Funding Agreement with Texas Department of Transportation and the Port of Corpus Christi for the Harbor Bridge lighting project ("Agreement"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi hereby approves the Amendment No. 1 to the Agreement which will increase Harbor Bridge decorative lighting project estimate from $1,864,000 to $2,191,280, adjust City funding participation from $298,000 to $598,000, and also provide for City to pay equal share with Port of Corpus Christi of the utilities and operation costs for the Harbor Bridge decorative lighting. SECTION 2. That the City Manager, or designee, is authorized to execute said Amendment No. 1 to the Agreement, which is attached hereto as an Exhibit. ATTEST: Armando Chapa City Secretary APPROVED: April 14, 2011 Lisa Aguilassistant City Attorney for the City Attorney THE CITY OF CORPUS CHRISTI Joe Mame Mayor 029032 INDEXED Corpus Christi, Texas l I I "" of 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 029032 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT AMENDMENT#1 CSJ #: 0101-06-105 District #: 16 -- Corpus Christi Code Chart 64 #: 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 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 (City), and the Port of Corpus Christi (Port), each acting by and through its duly authorized officials, hereinafter jointly called the "Local Governments." WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 10th day of January, 2011, to effectuate their agreement to install, operate and maintain decorative lighting on the Harbor Bridge, US 181, on -system project; and, WHEREAS, the Local Governments are now contributing $800,000 for Construction Costs; and, WHEREAS, it has become necessary to amend that contract; 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 Article 1. Description of Amended Items Articles 3.d., 7 and 12 of the executed Advance Funding Agreement are voided and replaced with the following: 3. Local Project Sources and Uses of Funds d. Each of the Local Governments will be responsible for all non-federal or non -State participation costs associated with this Project as noted in Attachment C-1, including any overruns in excess of the approved local project budget unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. 7. Utilities Each of the Local Governments shall be equally responsible, fifty percent (50%), for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Governments failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Governments will not be reimbursed with federal or state funds for the cost of required utility work. The Local Governments must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Governments shall provide, at the State's request, a certification stating that the Local Governments has completed the adjustment of all utilities that must be adjusted before construction is completed. The Local Governments are responsible for all costs incurred due to utilities after the completion of the project. 12. Project Maintenance The Local Governments shall be equally responsible, fifty percent (50%), for maintenance of the decorative lighting on the Harbor Bridge, which is an on -state system location after completion of the work. The Local Governments are responsible for all costs incurred due to maintenance and operation after the completion of the project. AFA—AFA_Amend Page 1 of 2 Revised 10-11-10 CSJ #: 0101-06-105 District #: 16 -- Corpus Christi Code Chart 64 #: 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20205 Attachment "C" of the executed Advance Funding Agreement is being deleted in its entirety and replaced with Attachment C-1, contained herein. All other provisions of the original contract are unchanged and remain in full force and effect. 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 represented. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE LOCAL GOVERNMENT The City of Corpus 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: Signature City Manager Janice Mullenix Title Director of Contract Services Date THE LOCAL GOVERNMENT The Port of Corpus Christi Name of Local Government By: Signature Printed Name Executive Director Title Date AFA—AFA Amend Date Page 2 of 2 Revised 10-11-10 CSJ #: 0101-06-105 District #: 16 — Corpus Christi Code Chart 64 #: 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 ATTACHMENT C-1 BUDGET ESTIMATE, SOURCE OF FUNDS AND WORK RESPONSIBILITIES The installation of the Harbor Bridge decorative lighting will be provided by the State and funded through Category 11 District Discretionary Funds in the amount of $1,211,000.00. The Local Governments' contribution for Construction Costs will be $800,000.00. The Local Governments, at no cost to the State, will be responsible for all utility, maintenance and operation of the Harbor Bridge decorative lighting once installed. The cost for the design work, including furnishing plans will be the responsibility of the Port, and the City then will reimburse the Port for half of the cost of the work. Maintenance and Operation shall include the maintenance and replacement of drivers, LED modules, fixtures, conductors, cable, conduit, electrical service, materials, equipment, labor, tools and incidentals to properly provide a functional Decorative Lighting System. Federal Participation State.: Participation (Category 11):• City of Corpus Chrr fi Port of Corpus. Christi Engineering (PE) $96,000 $0 $0 $48,000 $48,000 Construction $2,011,000 $o $1,211,000 $550,000 $250,000 Utility, Maintenance and Operation Total Cost $o $0 $o $o $0 $2,107,000 $1,211,000. $598,000 $298,000 Direct State Cost (4%) $84,280 $0 $84,280 $0 $0 Total Project Cost '$2,191,280'::. 0. $1,295,280: $598,000 $298,000' The Local Governments are responsible for all utility, maintenance and operation costs after the completion of the project. Direct State. Costs will be based on actual charges. It is understood that the above costs are estimates only. Final participation amounts will be based on actual charges to the project. Page 1 of 1 Attachment C-1