HomeMy WebLinkAboutC2008-498 - 10/21/2008 - ApprovedCSJ # 0916-35-155
District # 16
Code Chart 64 #03800
Project: STP ( ) MM
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For North Port Avenue Project
(Off State System)
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 Citv of Corous 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 111044 that provides for
the development of, and funding for, the project described herein; and,
WHEREAS, the Governing Body of t 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 reconstruction of a 4-lane roadway and
protected left turn lane with new curb and gutter and sidewalks; Americans with Disabilities Act 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 North Port Avenue from IH 37 to US 181 in Corpus Christi. The portion
~~~~~~P~ t~~ th~~ nrnfact wiu provide the primary access from IH 37 to the Port of Corpus Christi.
2008-498
Res. 027909 iPerty shall be the responsibility of the Local Government, as stated in
10/21/08 hout exception.
state of Texas (TxDOT)
Page 1 of 8 Revised 05/02/2008
CSJ # 0916-35-155
District # 16
Code Chart 64 #03800
Project: STP ( ) MM
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. The engineering plans shall be developed in accordance with the applicable State's
Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and
the special specifications and special provisions related thereto, the latest edition and revisions of
the State's Roadway Design Manual or the American Association of State Highways and
Transportation Officials A Policy on Geometric Design of Highways and Streets, and/or the
American Association of State Highway and Transportation Officials Policy for the Development of
Bicycle Facilities.
10. Construction Responsibilities will be carried out by the, Local Government. as follows and not as
stated in the Master Agreement-
a. The local Government shall advertise for construction bids, issue bid proposals, receives
and tabulate the bids and conditional award of the project, the Local Government can then
formally award the project. The Local Government will administer the contract throughout
the construction phase of the project. Administration of the contract includes the
responsibility for construction engineering, construction record documentation and for
issuance of any change orders, supplemental agreements, amendments, or additional work
orders, which may become necessary subsequent to the award of the construction contract
with the approval of the State. In order to ensure federal funding eligibility, projects must
be authorized by the State prior to advertising for construction.
b. All contract letting and award procedures must be approved by the State prior to letting and
award of the construction contract. The Local Government shall notify the State of pre-
letting, and pre-construction meetings; invitation to work-in-progress meetings.
c. All contract change order review and approval procedures must he approved by the State
prior to start of construction.
d. Upon completion of the Project, the Local government will issue and sign a "Notification of
Completion" acknowledging the project's construction completion along with one set of "as
built" plans.
e. For federally funded contracts, the parties to this agreement will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR
Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding
documents. If force account work will be performed, a finding of cost effectiveness shall be
made in compliance with 23 CFR, Part B.
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11. Project Maintenance will be undertaken as provided for in the Master Agreement, without
exception.
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 provided for 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
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 auditor 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.
An 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.
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Code Chart 64 #03800
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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. At the request of the State,
the Local Government shall submit any information required by the State in the format directed by
the State.
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. Debarment Certification. The Local Government shall not contract with any person that: is
suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any federal agency or that is debarred or suspended by the State.
17. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalf of the party represented.
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District # 16
Code Chart 64 #03800
Project: STP ( ) MM
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
By:
( ure) ,
Title:
,b~f ~~
ppp~avedutot.egel~
Veronica Ocartas
Assistant City Attorney
Date: 0 , Dg For City Attorney
A7TEST: -- ..-
THE STATE OF TEXAS 'w~octiaPn -_.~..~
Executed for the Executive Director and i~Vd 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:
anice Mullern
Director of Contract Services
Texas Department of Transportation
Date: j~'/„ „ems, $'
'~~ ~ AUTHORI1k~
er caulral~ .....1~.~a 1 jQ..._
SECRfrARY~.
AFA-LPAFA_OffSys Page 5 of 8 Revised 05/02/2008
CSJ # 0916-35-155
District # 16
Code Chart 64 #03800
Project: STP ( ) MM
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
AFA-LPAFA_OffSys Page 6 of 8 Revised 05/02/2008
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 $1,683,570 FOR NORTH PORT AVENUE FROM IH
37 TO US 181 FOR CONSTRUCTION WORK.
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 an
Advance Funding Agreement with the Texas Department of Transportation
(TXDOT) in the amount of $1,683,570 for the construction work for North Port
Avenue from IH 37 to US 181.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
enry G rett
Mayor
APPROVED AS TO FORD~13-Oct-08
Veronica Oca~ias ~
Assistant City Attorney
For City Attorney
o~~9es
H:\LEG•DIR\Veronica0\t.ENG\1 ..... AGENDA I T E M S\OB\102108\102108 RESO edv fund 4 NorlhPort Ave.doc
1 OF 2
~~ day of _~,~_, 2008.
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly fi1~
Priscilla Leal C
John E. Marez
Nelda Martinez
Michael McCutchon
0279Q9
H:\LEG-DIR\Varonica011.ENG\1 ..... AGENDA I T E M S\081102108\102100 RESO adv Lund 4 NorthPoA Ave.doc
20F2
CSJ # 0916-35-155 .
District # 16
Code Chart 64 #03800
Project: STP ( ) MM
ATTACHMENT B
PROJECT LOCATION MAP
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