HomeMy WebLinkAboutC2010-545 - 12/7/2010 - ApprovedCOUNTY OF TRAVIS
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CS.1 #0101- 06 -10s
District #1 6-Corpus Christi
Code Chart 64 # 62136, 09800
Project: BR 2002 (454)
Federal Highway Administration
CFDA # 20.205
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For A
Category 11 District Discretionary Funding
On- System Project
THIS AGREEMENT (the 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
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, federal law establishes federally funded programs for transportation
improvements to implement its public purposes; and
WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the
State shall design, construct and operate a system of highways in cooperation with Local
Governments; and
WHEREAS, federal and state laws require Local Governments to meet certain contract
standards relating to the management and administration of State and federal funds; and
WHEREAS, the Texas Transportation Commission passed Minute Order 111335 authorizing
the State to undertake and complete a highway improvement generally described as the
installation, operation and maintenance of decorative lighting on the Harbor Bridge, US 181,
on- system project and;
WHEREAS, The Local Governments will be solely responsible for the operation and
maintenance of the decorative lighting and,
WHEREAS, the Governing. Body 4f each Local Government has approved entering into this
Agreement by resolution, dated - IQpV A D 10 for the Port and dated I be c all) 1 d
for the City, respectively, which are attached hereto and made a part hereof as Attachment
"A" for construction, maintenance and operation of decorative lighting of Harbor Bridge at the
location shown on the Map in Attachment "B ", attached hereto and made a part hereof,
hereinafter referred to as the Project.
2010 -545
Res. 028874
12/07/10 Page 1 of 12
TxDOT and Port of Corpus Christi
CSJ #0101 -06 -1.05
District 9. 16=Corpus Christi
Code Chart 64 # 62.136, 09800
Project: BR 2002 (454)
Federal Highway Administration
CFDA # 20.205
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. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes
the Agreement fully executed. This Agreement shall remain in effect until the Project is
completed or unless terminated as provided below.
2. Scope of Work
The scope of work is described as the installation, maintenance and operations of
decorative lighting on the Harbor Bridge, US 181.
3. Local Project Sources and Uses of Funds
a. The total estimated cost of the Project is shown in the Project Budget - Attachment "C"
which is attached hereto and made a part hereof. The expected cash contributions
from the federal or State government, the Local Governments, or other parties is
shown in Attachment "C ". The State will pay for only those project costs that have
been approved by the Texas Transportation Commission. The State and the Federal
Government will not reimburse the Local Governments for any work performed before
the issuance of a formal Letter of Authority by the Federal Highway Administration.
The Local Governments are responsible for 100% of the cost of any work performed
under its direction or control before the federal Letter of Authority is formally issued.
If either of the Local Governments will perform any work under this contract for which
reimbursement will be provided by or through the State, the Local Government(s) must
complete training before a letter of authority is issued. Training is complete when at
least one individual who is working actively and directly on the Project successfully
completes and receives a certificate for the course entitled Local Governments Project
Procedures Qualification for the Texas Department of Transportation. The Local
Government(s) shall provide the certificate of qualification to the State. The individual
who receives the training certificate may be an employee of the Local Government(s)
or an employee of a firm that has been contracted by the Local Government(s) to
perform oversight of the Project. The State in its discretion may deny reimbursement if
the Local Government(s) has not designated a qualified individual to oversee the
Project.
b. This project cost estimate shows how necessary resources for completing the project
will be provided by major cost categories. These categories may include but are not
limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental
assessment and remediation; (4) cost of preliminary engineering and design; (5) cost
of construction and construction management; and (6) any other local project costs.
c. The State will be responsible for securing the Federal and Stake share of the funding
required for the development and construction of the local project. If the Local
AFA=AFA_LongGen
Page 2 of 12
Revised 10 -11 -10
CSJ #0.101- 06 -105
District. # t 6- Coxpus Christi
Code Chart 64 # 62136, 09800
Project: BR 2002'(454)
Federal Highway Administration
CFDA # 20.205
Government(s) is due funds for expenses incurred, these funds will be reimbursed to
the Local Government(s) on a cost basis.
d. Each of the Local Governments will be equally responsible, fifty percent (50 %) per
Local Government, for all non - federal or non -State participation costs associated with
the Project, 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.
e. Prior to the performance of any engineering review work by the State, each of the
Local Governments will pay to the State the amount specified in Attachment C. At a
minimum, this amount shall equal each 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, each the Local Governments shall
remit their remaining financial share for the State's estimated construction oversight
and construction cost.
f. In the event that the State determines that additional funding by the Local
Governments is required at any time during the Project, the State will notify each Local
Government in writing. Each Local Government shall make payment to the State
within thirty (30) days from receipt of the State's written notification.
g. Whenever funds are paid by the Local Governments to the State under this
Agreement, each 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 to the State Project.
h. Upon completion of the Project, the State will perform an audit of the Project costs.
Any funds due by either of the Local Governments, the State, or the Federal
government will be promptly paid by the owing party. 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.
L The State will not pay interest on any funds provided by the Local Governments.
j. If a waiver has been granted, the State will not charge the Local Governments for the
indirect costs the State incurs on the local project, unless this Agreement is terminated
at the request of the Local Governments prior to completion of the project.
k. If the project has been approved for a "fixed price" or an "incremental payment" non-
standard funding or payment arrangement under 43 TAC §15.52, the budget in
Attachment "C" will clearly state the amount of the fixed price or the incremental
payment schedule.
I. If either of the Local Governments are an Economically Disadvantaged County and if
the State has approved adjustments to the standard financing arrangement, this
Agreement reflects those adjustments.
m. 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. An entity that is the subject of an audit or
AFA- AFA_LongGen. Page 3 Of 12 Revised 10 -11 -10
i .
CSJ #0101 -06 -105
District# 167Corpus Christi
Code Chart 64 # 62136, 09800
Project: BR 2002 (454)
Federal Highway Administration
CFDA # 20.205
investigation must provide the state auditor with access to any information the state
auditor considers relevant to the investigation or audit.
n. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
The State will not execute the contract for the construction of the project until the required
funding has been made available by the Local Governments in accordance with this
Agreement.
4. Termination of this Agreement
This Agreement shall remain in effect until the project is completed and accepted by all
parties, unless: t
a. the Agreement is terminated in writing with the mutual consent of the parties;
b. the Agreement is terminated by one party because of a breach, in which case any cost
incurred because of the breach shall be paid by the breaching party; or
c. the Local Governments elect not to provide funding after the completion of preliminary
engineering, specifications and estimates (PS &E) and the Project does not proceed
because of insufficient funds, in which case the Local Governments agrees to
reimburse the State for its reasonable actual costs incurred during the Project.
5. Amendments
Amendments to this Agreement due to changes in the character of the work or terms of
the Agreement, or responsibilities of the parties relating to the Project may be enacted
through a mutually agreed upon, written amendment.
6. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any
agreement default, but all remedies existing at law and in equity may be availed of by
either party to this Agreement and shall be cumulative.
7. Utilities
Each of the Local Governments shall be equally responsible, fifty percent (50 %) per Local
Government, 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.
CSJ #0101.06 -105
District # 16- Coypus Christi
Code Chart 64 # 62136, 09800
Project: BR'2002 (454)
Federal Highway Administration
CFDA # 20.205
8. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental
Policy Act and the National Historic Preservation Act of 1966, which require environmental
clearance of federal -aid projects.
a. The State is responsible for the identification and assessment of any environmental
problems associated with the development of a local project governed by this
Agreement.
b. The State is responsible for the cost of any environmental problem's mitigation and
remediation.
c. The State is responsible for providing any public meetings or public hearings required
for development of the environmental assessment. Public hearings will not be held
prior to the approval of project schematic.
d. The State is responsible for the preparation of the NEPA documents required for the
environmental clearance of this project.
e. The State shall provide written certification from appropriate regulatory agency(ies)
that identified environmental problems have been remediated.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this Agreement shall ensure that the plans for and the construction of all
projects subject to this Agreement are in compliance with the Texas Accessibility
Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the
Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes
minimum accessibility requirements to be consistent with minimum accessibility
requirements of the Americans with Disabilities Act (P.L. 101 -336) (ADA).
10. Architectural and Engineering Services
The Local Government, known as the Port, has responsibility for the performance of
architectural and engineering services.
"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 specification and special provisions related thereto."
For projects on the state highway system, the design shall, at a minimum conform to
applicable State manuals. For projects not on the state highway system, the design shall,
at a minimum conform to applicable American Association of State Highway and
Transportation Officials design standards.
In procuring professional services, the parties to this Agreement must comply with federal
requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas
Government Code 2254, Subchapter A, in all cases.
Professional services contracts for federally funded projects must conform to federal
requirements, specifically including the provision for participation by Disadvantaged
Business Enterprises (DBEs), ADA, and environmental matters.
AFA- AFA- LongGen Page 5 of 12 Revised 1.0 -11 -10
CSJ #010 1 mo&105
District # 1)- Corpus Christi.
Code Chart 64 # 62136, 098010
Project: BR 2002 (454)
Federal Highway Administration
CFDA # 20.205
11. Construction Responsibilities
a. The State shall advertise for construction bids, issue bid proposals, receive and
tabulate the bids and award and administer the contract for construction of the Project.
Administration of the contract includes the responsibility for construction engineering
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. In order to ensure federal funding eligibility, projects must be
authorized by the State prior to advertising for construction.
b. The State will use its approved contract letting and award procedures to let and award
the construction contract.
c. Prior to their execution, each of the Local Governments will be given the opportunity to
review contract change orders that will result in an increase in cost to the Local
Governments.
d. Upon completion of the Project, the party constructing the project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
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 635, Subpart B.
12. Project Maintenance
The Local Governments shall be equally responsible, fifty percent (50 %) per Local
Government, for maintenance of the decorative lighting on the Harbor Bridge, which is an
on -state system location after completion of the work.
13. Right of Way and Real Property
The State is responsible for the provision and acquisition of any needed right of way or
real property.
14. 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, addressed to such party at
the following addresses:
Local Governments:
State:
City Manager
Director of Contract Services
City of Corpus Christi
Texas Department of Transportation
P.O. Box 9277
125 E. 11 th
Corpus Christi, Texas 78469 -9277
Austin, Texas 78701
AFA- AFA_Con.gGen . Page 6 of 12
CSJ #01.01 -06 -105
District # 16- Corpus Christi.
Code Chart 64 # 62136, 09800
Project: BR 2002 (454)
Federal Highway Administration
CFDA # 20.205
Local Governments:
Executive Director
Port of Corpus Christi
P.O. Box 1541
Corpus Christi, TX 78403
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Any of the parties may change the above address by
sending written notice of the change to each of the parties.
Any of the parties 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
parties.
15. Legal Construction
If one or more of the provisions contained in this Agreement shall for any reason be held
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect any other provisions and this Agreement shall be construed as if it did not
contain the invalid, illegal or unenforceable provision.
16. Responsibilities of the Parties
The State and the Local Governments agree none of the parties are an agent, servant, or
employee of the other parties 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.
17. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the State
shall remain the property of the State. All data prepared under this Agreement shall be
made available to the State without restriction or limitation on their further use. All
documents produced or approved or otherwise created by either of the Local
Governments shall be transmitted to the State in the form of photocopy reproduction on a
monthly basis as required by the State. The originals shall remain the property of the
Local Governments. At the request of the State, the Local Governments shall submit any
information required by the State in the format directed by the State.
18. Compliance with Laws
The parties shall comply with all Federal, State, and Local laws, statutes, ordinances,
rules and regulations, and the orders and decrees of any courts or administrative bodies
or tribunals in any manner affecting the performance of this Agreement. When required,
the Local Governments shall furnish the State with satisfactory proof of this compliance.
AFA -AFA LongGen Page 7 of 12 Revised 10- 1.1 -10
19. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement's subject matter.
20. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in OMB Circular A -87 that specify that all reimbursed costs are
allowable, reasonable and allocable to the Project.
21. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR §18.36
and with the property management standard established in Title 49 CFR §18.32.
22. Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers, accounting
records and other documentation relating to costs incurred under this Agreement and
shall make such materials available to the State, the Local Governments, and, if federally
funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector
General, or their duly authorized representatives for review and inspection at its office
during the contract period and for four (4) years from the date of completion of work
defined under this contract or until any impending litigation, or claims are resolved.
Additionally, the State, the Local Governments, and the FHWA and their duly authorized
representatives shall have access to all the governmental records that are directly
applicable to this Agreement for the purpose of making audits, examinations, excerpts,
and transcriptions.
Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used and
if either of the Local Governments is performing any work, either directly or through a
contractor, it must comply with the following provisions. If any of Local Governments are
receiving ARRA funds, but is not performing any work, the following provisions apply, if
appropriate, and to the extent necessary to comply with ARRA regulations.
In accordance with Section 902 ARRA, should this agreement involve the expenditure of
ARRA funds, then the U.S. Comptroller General and its representatives shall have the
authority to:
a. examine any records of the contractor or any of its subcontractors, or any State or
local agency administering such contract, that directly pertain to, and involve
transactions relating to the contract or subcontract; and
b. interview any officer or employee of the contractor or any of its subcontractors, or
any State or local agency administering the contract regarding such contracts.
Nothing in the section previously mentioned shall be interpreted to limit or restrict in any
way the existing authority of the Comptroller General.
AFA -AFA LongGen Page 8 of 12 Revised 10 -11 =10
CSJ #0101 -06 -1.05
District # 1.6- Corpus Christi
Code Chart 64 # 6213.6, 09800
Project: BR 2002 (454)'
Federal Highway Administration
CFDA # 20.205
In accordance with Section 1515(x) of the ARRA, with respect to each contract or grant
awarded using covered funds, any representative of an appropriate inspector general
appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is
authorized:
a. to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that
pertain to and involve transactions relating to the contract, subcontract, grant, or
subgrant; and
b. to interview any officer or employee of the contractor, grantee or subgrantee, or
agency regarding such transactions.
Section 1515(b) further provides that nothing in the section previously mentioned shall be
interpreted to limit or restrict in any way the existing authority of an inspector general.
The ARRA requires that the Contractor report monthly employment information for its firm
as well as that of all of its subcontractors. The Contractor, similarly, shall include this
reporting requirement in all of its subcontracts. Failing to include the requirement in
agreements with subcontractors can serve as grounds for contract termination.
Form FHWA -1589, Monthly Employment Report promulgated by the Federal Highway
Administration (FHWA), captures the necessary monthly employment information and
shall be submitted by the Contractor on a regular basis to the LG (Local Governments). It
is the responsibility of the LG to obtain this form from the prime Contractor and any
j subcontractors and, the LG shall verify the accuracy, completeness, and reasonableness
of the data contained in the form. The LG shall ensure that this form is submitted by the
1 LG to the State according to the policies and at the direction of the State.
i
In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide
to the State all information requested by the State, including data or information in
possession of contractors and subcontractors for completing other necessary reporting
forms, and the information shall be submitted in the manner required and according to all
j due dates as set by the State.
Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have
authority to examine the records of the contractor, subcontractor, or local agency relating
to the project at any time.
23. Office of Management and Budget (OMB) Audit Requirements
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-
502, ensuring that the single audit report includes the coverage stipulated in OMB Circular
A -133.
Whenever funds from the American ARRA are distributed to either of the Local
Governments, the Local Government must complete its Schedule of Expenditures of
Federal Awards (SEFA) and the Data Collection Form (SF -SAC), as required by OMB
Circular A -133, and separately.identify any ARRA expenditures for Federal Awards.
AFA- AFA_LongGen - Page 9 of 12 Revised 10- 1.1-10
CSJ #0101 =06 -105
District # 16- Corpus Christi .
Code Chart 64 # 62136, 0.9800
Project: BR 2002 (454)
Federal Highway Administration
CFDA # 20.205
24. Civil Rights Compliance
The Local Governments shall comply with the regulations of the Department of
Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR
§710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as
amended by Executive Order 11375 and supplemented in the Department of Labor
Regulations (41 CFR Part 60).
25. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged /Minority Business Enterprise Program
requirements established in 49 CFR Part 26.
26. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is debarred
or suspended or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549, "Debarment and Suspension." By
executing this agreement, neither of the Local Governments certify that they are not
currently debarred, suspended, or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549. The parties to this contract
shall require any party to a subcontract or purchase order awarded under this contract to
certify its eligibility to receive Federal funds and, when requested by the State, to furnish a
copy of the certification.
27. Lobbying Certification
In executing this Agreement, the signatories certify to the best of his or her knowledge
and belief, that:
a. No federal appropriated funds have been paid or will be paid by or on behalf of the
parties to any person for influencing or attempting to influence an officer or employee
of any federal agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with federal contracts, grants, loans, or
cooperative agreements, the signatories for the Local Governments shall complete
and submit the federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
c. The parties shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
CSJ #0101 -06 -105
District # 16- Corpus Christi
Code Chart 64 # 62136; 09800
Project: BR 2002 (454)
Federal Highway Administration
CFDA # 20.205
By executing this Agreement, the parties affirm this lobbying certification with respect to
the individual projects and affirm this certification of the material representation of facts
upon which reliance will be made. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Title 31 U.S.C. §1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
28. Insurance
If this agreement authorizes either of the Local Governments 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.
29. Signatory Warranty
The signatories to this Agreement warrant that each has the authority to enter into this
Agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
triplicate counterparts.
The City of Corpus Christi
G�
Na
r _
A n � � � -5,:- o. V
Printed Name
i w a , R 0, C
1IM179,
1':?-. / 1ZAC�
Date
The Port of Corpur Qhris
Name U ► - . - ; , _
xoha F LaRue,
Printed Name
Ey- ec,�'r��_
Title
DEC 1 4 2010
Date
Y URCIL..
r.�
SECRETARY
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.
OF
s
nice Mullenix
Director of Contract Services
Texas Department of Transportation
to
RESOLUTION
APPROVING A LOCAL TRANSPORTATION PROJECT ADVANCE
FUNDING AGREEMENT FOR A CATEGORY 11 DISTRICT
DISCRETIONARY FUNDING ON- SYSTEM PROJECT INVOLVING THE
CONSTRUCTION OF DECORATIVE LIGHTING OF THE HARBOR
BRIDGE,
WHEREAS, the City of Corpus Christi (City) is interested in participating in the
decorative lighting project for the Harbor Bridge on State Highway 181 over the Corpus
Christi Ship Channel; and
WHEREAS, state funding has been approved for this project; and
WHEREAS, City previously entered into a Master Agreement Governing Local
Transportation Project Advance Funding Agreement and Amendment to the Master
Agreement Governing Local Transportation Project Advance Funding Agreement with
the State of Texas, acting by and through the ' Texas Department of Transportation
(TxDot) for the administration and management of the planning, design and construction
phases of its transportation related projects; and
WHEREAS, City wishes to enter into a Local Transportation Project Advance
Funding Agreement, a copy of which is attached hereto, with the State of Texas, Acting
by and through TxDot for the oversight of the City's portion of the administration and
management of the planning, design, construction and maintenance phases of Harbor
Bridge lighting project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City hereby approves the Local Transportation Project
Advance Funding Agreement for the Harbor Bridge lighting project; and
Armando Chapa
City Secretary
�e�rml�er
APPROVED: day of Wevember, 2010.
•- Adap
Mayor
Carlos Valdez
City Attorney
Corpus Christi, Texas /f
Of 2010
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler z4 &
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong -- - - 1��. -
028 -874
Resolution Vote Sheet
ATTACHMENT A
Resolution of Local Government
(Port of Corpus Christi Authority)
Approving this LPAFA
STATE OF TEXAS §
COUNTY OF NCJECES §
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the Port of Corpus Christi Authority of Nueces County, Texas
( "Authority "), has agreed to participate in the lighting project for the Harbor Bridge located on
State Highway 181 over the Corpus Christi Ship Channel; and
WHEREAS, state funding'has been approved for this project; and
WHEREAS, Authority previously entered into a Master Agreement Governing Local
Transportation Project Advance Funding Agreements and Amendment to the Master Agreement
Governing Local Transportation Project Advance Funding Agreements with the State of Texas,
acting by and through the Texas Department of Transportation ( "TxDOT ") for the administration
and management of the planning, design, and construction phases of its transportation - related
projects on January 8, 2002; and
WHEREAS, Authority wishes to enter into a Local Project Advance Funding Agreement,
a copy of which is attached hereto, with the State of Texas, acting by and through TxDOT for the
oversight of the Authority's portion of administration and management of the planning, design,
and construction phases of the Harbor Bridge lighting project.
NON, THEREFORE, BE IT RESOLVED THAT the Port Commission of the Port of
Corpus Christi Authority of Nueces County, Texas, hereby approves the Local Project Advance
:funding Agreement for the Harbor Bridge lighting project; and Executive Director John P,
LaRue of the Port of Corpus Christi Authority is hereby authorized to execute same.
PASSED by the Port Commission in an open meeting on November 9, 20 10,
ATTACHMENT A
Resolution or Ordinance
ATTACHMENT B
Location Map Showing Project
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Page 1 of 1 Attachment B
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Gaaclptlan of L obft: All Ilghtmg will he m chrechrel, color d=gllzg RGB LED I1g" sjorrs mmrdled from a program mhle source to be -
located an sRr: - -
tlmd. hfog.= to dyhwhkally highlight tha sbmchni balsas umlortherextmay Mora Wipe.
• Fs Frame:mmmplfinerdths vwHwl. diagonal and horizontal=aftaal el.mals kttth. MKigu visIte Sam in—dhord Atha a- lbandratt. -
alovaCuns
• Aemertt: mparydmdlruct es ambient Rghgngbelactad efamerlh mereas 'Mrhetrilge struchlr.aroadway. - -
HARBOR BRIDGE pREM"AR
ELEVATION VIEW NaismithEngine r nt roc
NOT NQOR CO
PERMI STING OR NSTRUC! I. .
AND ENGINEERI N ENVIRONM ENTALN SVRVEYIN@ Wwra TERWK 0"
TOPE ne. F3S$ Lft No_ R 13M
PLAN VIEW Dwk: Marti)
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Gaaclptlan of L obft: All Ilghtmg will he m chrechrel, color d=gllzg RGB LED I1g" sjorrs mmrdled from a program mhle source to be -
located an sRr: - -
tlmd. hfog.= to dyhwhkally highlight tha sbmchni balsas umlortherextmay Mora Wipe.
• Fs Frame:mmmplfinerdths vwHwl. diagonal and horizontal=aftaal el.mals kttth. MKigu visIte Sam in—dhord Atha a- lbandratt. -
alovaCuns
• Aemertt: mparydmdlruct es ambient Rghgngbelactad efamerlh mereas 'Mrhetrilge struchlr.aroadway. - -
HARBOR BRIDGE pREM"AR
ELEVATION VIEW NaismithEngine r nt roc
NOT NQOR CO
PERMI STING OR NSTRUC! I. .
AND ENGINEERI N ENVIRONM ENTALN SVRVEYIN@ Wwra TERWK 0"
TOPE ne. F3S$ Lft No_ R 13M
PLAN VIEW Dwk: Marti)
ATTACHMENT C
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 1.2 million. The Local
Governments, at no cost to the State, will be responsible for all 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
E Qescrrpt�on,� x Totals �strrr�aiwe� s kFedora�t�} p , f' f �t2�ter� � s Cifyfof corpus x �port�o�l CQrpu��`
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f of host PartiGtpatiort F'artrclpatron, C rrstr k�hristi,
Engineering 96,000 48,000 48,000
PE
Construction 1,200,000 1,200,000
Maintenance 500,000 250,000 250,000
and Operation
TotalCost =' `x,79,000 1 20600 296,OQQ 29$,OOfl 1
Direct State 68,000 68,000
Cost (4 %)
Indirect State
Cost
,Total Protect 1,8fi4,000' t 1,268,000 298;0fl 298,000
Cost Y t:f
Page 1 of 1
Attachment C