HomeMy WebLinkAboutC2011-120 - 4/19/2011 - ApprovedCSJ #: 0101 -06 -105
District #: 16 — Corpus Christi
Code Chart 64 #: 62136, 09800
Project: BR 2002 (454)
Federal Highway Administration
CFDA # 20.205
STATE OF TEXAS §
COUNTY OF TRAVIS §
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 (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 10 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 th e 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.
2011 -120 ponsible for all costs incurred due to maintenance and operation after the completion
Res. 029032
04/19/11 1�� {�
Port of Corpus Christi 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 # 20.205
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
A- � `
By: tr f'�
Sign ture
Y k-U �Je-
Printed Name
City Manacier
Title
.4f
Date
THE LOCAL GOVERNMENT
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.
B w
- (signature
J ice Mullenix
irector of Contract Services
Date
The Port of Cor us Christi &. AUTHORIU10
Name of Loc G r ent
By. C'DUiVf'fi.....�w- ` !„�.�
ign Lure
John P. L a R u e �� SECRETARY
Printed Name
Executive Director
Title
APR 12 2011
Date
Approved as to form:
Lisa Aguilar
Assistant City Attorney
For City Attorney
AFA- AFA_Amend 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 fighting 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.
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
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Engineering (PE)
$96,000
$0
$0
$48,000
$48,000
Construction
$2,011,000
$0
$1,211,000
$550,000
$250,000
utility,
Maintenance
$0
$0
$0
$0
$
and O eration
0#
s a
$9a
f AD
.. N tf
Direct State Cost
(4 %)
$84,280
$0
$84,280
$0
$0
Total Prd'ect Cost
21180
$0.
$� 295' 8D
$59$OQ,.
.';
v ,_:::..
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