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HomeMy WebLinkAboutC2010-505 - 12/14/2010 - ApprovedCSJ # 2343-01-031 ~ , District # 16 -Corpus Christi Code Chart 64 # 09800 Project: FM 2444 on Staples St. from Saratoga Blvd. to Oso Creek Bride CDFA: 20.205 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON-SYSTEM PROJECT THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the Ci of Cor us Christi, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 111734 and 111552 authorizes the State to undertake and complete a highway improvement generally described as constructing concrete medians; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as adiusting manholes and valves on 1=M 2444 on Staples St., from Saratoga Blvd. to Oso Creek Bridge, hereinafter called the "Project"; and, WHEREAS, the Sta#e has determined that such participation is in the best interest of the citizens of the State; 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, the State and the Local Government do agree as follows: AGREEMENT Article 'I . Time Period Covered This agreement becomes effective when signed by fihe last party whose signing makes the agreement fully executed, and the State and the Locale Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. 2010-505 Res. 02$$95 12/14/10 Page 1 of 6 Revised 0710719 0 TxDOT IN(}E.XEA CSJ # 2343-01-03 I ~ , District # 16 -Carpus Christi Code Chart 64 # 09800 Project: k'M 2444 on Stales St. from Saratoga Blvd. to Oso Creek Bride CD1~'A: 20.205 Article 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. 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. 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. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check ar warrant made payable to the "Texas Department of Transportation Trus# 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 accoun#, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. Article 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State ar its authorized representative access to the site to perform any activities required to execute the work. Article 4. Adjustments Outside the Project Site The Local Government will provide #or al[ necessary right-of--way and utility adjustments needed for performance of the work on sites not awned or to be acquired by the State. Article 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 6. 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 Loca! AFA-AFA VoITIP Page 2 of 6 Revised 07/07/10 . ~ . ~ CSJ # 2343-01-031,. District # 16 -Corpus Christi Code Chart 64 # 09800 Project: FM 2444 on Staples St. from Saratoga Blvd. to Oso Creek Bride CDFA: 20.205 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. Article 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. Article 8. inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 9. increased Costs In the event it is determined that the funding provided by the Lacai Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 11 -Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shalt only apply in the event changed site conditions are discovered ar as mutually agreed upon by the State and the Local Government. 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 bu# not limited to plats or replats, result in increased casts, then any increased costs associated with the ordinances ar 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. Article 1Q. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. AFA-AFA VoITIP Page 3 of 6 Revised 07/07/10 ' ' ~ CSJ # 2343-01-031. , ~ ~ . District # . 16 -Corpus Christi Code Chart 64 # 09800 Project: FM 2444 on Staples St. from Saratoga Blvd. to Oso Creek Bridge CDFA: 20.205 Article 11. Termination This agreement may be terminated in the following manner: • by mutual written agreement and consent of both parties; • by either party upon the failure of the other party to fulfill the obligations set forth herein; by the State if it determines that the performance of the Project is not in the best interest of the State. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. • Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Gavernment, the State, or the Federal Government will be promptly paid by the owing party. Article 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), ~aaressea ~o sucn ar< at the roiiawrn aggresses: Local Government: City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 7$401 State: Director of Contract Services Texas Department of Transportation 125 E. 11th in, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. 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 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. Article 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Gavernment and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 14. Successors and Assigns The State and the Local Gavernment 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. Article 15. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. AFA-AFA_VoITIP Page 4 of 6 Revised 07/07/10 3 • ~`'~ CSJ # 2343-01-031 District # 16 - Co us Christi Code Chart 64 # 09800 Project: FM 2444 on Staples St. from Sarato a Blvd. to Oso Creek Bride CDFA: 20.205 Article 16. State Auditor The state auditor may conduct an auditor investigation ofi 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. Article 17. 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 lnsurance 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 unfit 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 casts of completing the work. Article 18. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating andlor carrying aut the orders, established policies or work programs heretof re approved and uthorized by the Texas Transportation Commission. By ~ Date ~,~ (~ athy y South egional Director THE LOCAL GOVERNMENT Name of the Local Government City of Corpus Christi r By Date ~ a ~ ~ 0 Typed or Printed Name and Title ~ r- ~~ ~~/ JEUTHORI2~ CI. , .._..._ ~ Ctfdl6ClL...~~„f...~.~.,.~~ Appro+~ ~ form: „ ~. ~`s~c~~Tn~--"~rb• AI"A-AFA_VoITIP Ver rzica cams ~ Pa e 5 of 6 Revised 07/07/10 Assis#ant City Attorney g For' City Attorney CSJ # 2343-01-031 ~ ' ~' District # _16 - Corpus Christi Code Chart 64 # 09800 Project: FM 2444 on Sta leP s St. from Saratoga Blvd. to Oso Creek Bride CDFA: 20.205 ATTACHMENT A Payment Provision and Work Responsibilities The Local Government will contribute $23,560, for adjusting manholes and valves on FM 2444 on Staples St. from Saratoga Blvd. to Oso Creek Bridge which is an on-system location, including construction items and direct state casts. Description Total Federai State Local Estimate Cost Partici ation Partici ation Partici ation Cast % Cost % Cost Adjusting manholes $22,654 0% $0 ° 0 /° $0 ° 100 /o $22 654 and valves , Subtotal $22,654 $0 $0 $22,654 Direct State Casts (including plan review, inspection $906 0% $0 o 0 /° $0 ° 100 /° $906 and aversi ht 4% Indirect State Costs (no local participation required except for $1405 0% $0 100 /° ° $1,405 ° 0 /o $0 service projects) 6.02% TOTAL $24x965 $0 $1,405 $23,560 Local Government's Participation = Local Government's Participation to the State is due upon full execution of this AFA. This is an estimate only; final participation amounts will be based on actual charges to the project AFA-AFA VaET1P Page 6 of 6 Revised 07/07/10