The URL can be used to link to this page

Home My WebLink AboutC2011-401 - 10/11/2011 - ApprovedSTATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 0617 -02 -064 District # 16- Corpus Christi Code Chart 64 # 09800 Project: Construct Bridge on PR 22 ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State ", and the Cily - of Cor us Christi, acting by and through its duly authorized officials, 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 112696 authorizes the State to undertake and complete a highway improvement generally described as construct a bridge structure 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 constructing a bridge structure on PR 22, that includes a waterway and pedestrian traffic crossing,. called the "Project "; and, WHEREAS, the State 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 Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. 2. Project Funding and Work Responsibilities A. 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, 2011- 4010rovision and Work Responsibilities, also specifies those Project 10/11/11 TXDOT Res O29245 Page 1 of 5 Revised 04/01/11 IN CSr # 0617 -02 -064 District # 16- Corpus Christi ' Code Chart 64 # 09800 Project: Construct Bridge on PR 22 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. B. 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. C. 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. D. 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 with approval by appropriate personnel of the Local Government. 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 or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 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. 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 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. 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. AFA- Af=A VoITIP Page 2 of 5 Revised 04/01/11 CSJ # 0617 -02 -064 District # 16- Corpus Christi Code Chart 64 # 09800 Project: Construct Bridge on PR 22 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 in this agreement by reference, or special specifications approved by the State. 9. Increased Costs A. In the event it is determined that the funding provided by the Local 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 thirty (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 accordance with Article 11 — Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. B. 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. 10. 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. 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. 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. AFA- AFA_VoITIP Page 3 of 5 Revised 04/01/11 CSr # 0617 -02 -064 District # 16- Corpus Christi Code Chart 64 # 09800 Project: Construct Bridge on PR 22 C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 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 ), addressed to such party at the following addresses: Local Government: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78467 -9277 State: Director of Contract Services Texas Department of Transportation 125 E. 11 Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. 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, 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 Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 14. Successors and Assigns The State and the Local Government 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. 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. 16. State Auditor 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 investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. AFA- AFA_VoITIP Page 4 of 5 Revised 04/01/11 CSJ # 0617 -02 -064 District # 16- Cor2us Christi Code Chart 64 # 09800 Project: Construct Bridge on PR 22 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 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. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature C, Typed Printed Name WK Date as io Legal form: Veronica ncahas Assistant t; - =: Attorney For City Attorney THE STATE OF TEXA Cathy T. FIRd, /CPA r +J S th Regional Service Center Director 10 /zA / lI Date BY COU9CIL SECRETARY AFA- AFA_Vo1TIP Page 5 of 5 Revised 04/01/11 CSJ # 0617 -02 -064 District # 16- Corpus Christi Code Chart 64 # 09800 Project: Construct Bridge on PR 22 ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES 1 . i �:'r" +?� s � �} :v�- -�y .lY. ' [ . r- ^mss' •�i w"`s' rr. x :sd� '�"5 9 y1 . ii � .{ �.1 ss �'i hk —0, s 121 az --wY,' J•- +• e tlal '3 - I _ .! ti i. '3' f - .SL x. [ u'C:r �� f ' {• - s :? d: x C'! �`� � r ''1 y . x � �, $ S27 .��s � - v - •t^ s� ,. - Engineering $ 1,819,589.00 0% 0 % 0 100% $ 1,819,589.00 ( by Local Govemment Construction 6,666,000.00 % 0 0% 0 100% 6,666,000.00 ( by Local Government -:kJ , ..i'f.`.it"1H : rE _ Sfit: kZ� �57i $tF TF]S.ti � 3 F'.S'FI € .4. Q �, F Y'�� 0 q , P ��,•^i �::tR��'La. 'Y:.r. � -'• �i •,i ° � xj1 7 F' 'r t �3. �`4't �s9 z,. - ..� .L4.v, F�E,.,r. � _.�.•: -�- !, .M9 .c�t,�^'r L3'L,"4..F�y: a i Env'rron. 11,515.40 % 0 0% $0 100% $ 11,515.40 Direct State Costs 20% Right of $ 11,515.40 0% 0 0% 0 100%$ 11,515.40 Engineering ay Direct Direct State State Costs Costs = 20% $57,577.00 Engineering $ 23,030.80 % $0 0% $0 100 % 23,030.80 (0.86 %) Direct State. Costs 40% Utility Direct $ 11,515.40 0% 0 % 0 100%$ 11,515.40 State Costs 20% Construction Direct 38,165.00 0% $0 0% 0 100%$ 38,165.00 State Costs 0.57% Indirect State Costs $ 526,106.52 0% 0 100%$ 526,106.52 °k 0 .2 % F. rM. " -• 61 $ s£ '�'- • i -'.s � �cp i Y .C! h4'y. �! 55 Y X W .,w L "'q �.. . � - -�:•:r r.. '- i�'.s" €.k.' Initial payment by the Local Govemment to the State: $57,577.00 / %[� Payment by the Local Government to the State 60 days before receipt of bids: $38,165. 0 Estimated total payment by the Local Government to the State $95,742.00 This is an estimate. The final amount of Local Government participation will be base on actual costs. .1 ApprwdastoLegatiafr: td 4 Veronica Ocanas Assistant City Attamey For City Attorney AFA AFA VolTIP Page 1 of 3 Attachment A Approvadastategallorm: Work Responsibilities: Veronica Ocanas Assistant City Attorney For City Attorney CSJ # 0617 -02 -064 District # 16-Corpus Christi Code Chart 64 # 09800 Project: Construct Bridge on PR 22 1. 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 Local Government 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 Local Government is responsible for the cost of any environmental problem's mitigation and remediation. c. The Local Government 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 Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this project. Coordination shall be through the TxDOT Austin District Environmental Coordinator. e. The Local Government shall provide the State with written documentation from appropriate regulatory agency(ies) that identified environmental clearance has been obtained, prior to advertisement for receipt of bids. 2. Engineering Services a. The Local Government shall prepare or cause to be prepared the engineering plans, specifications, and estimates (PS &E) necessary for the development of the Project. , The PS &E shall be prepared in accordance with all applicable laws, policies and regulations, deemed necessary by the State. The Local Government shall provide construction staking and shop drawing reviews. b. The engineering plans shall be developed in accordance with the Texas Department of Transportation Roadway Design Manual, the current edition of the AASHTO LRFD Bridge Design Specifications, the current edition of the AASHTO LRFD Guide Specifications for Design of Pedestrian Bridges, and the Texas Accessibility Standards (TAS). A project development schedule of design activities shall be supplied to the TxDOT Corpus Christi District Engineer upon initiation of the Project. c. The Local Government shall submit a copy of the redlined plans provided by the State wit all applicable plan submittals to indicate that QC/QA was undertaken. d. The Local Government shall submit the completed PS &E to the State for review and approval a minimum of four months prior to the receipt of bids. 3. Utilities The Local Government shall be responsible 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 Government's.failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local AFA AFA Vo1TIP Page 2 of 3 Attachment A CS7 # 0617 -02 -064 District # 16 -Corous Christi Code Chart 64 # 09800 Project: Construct Bride on PR 22 Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 4. Right of Way and Real Property Acquisition Right- of-way and real property acquisition shall be the responsibility of the Local Government. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property. The Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to execute the work. All parties to this agreement will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(8). Documentation to support compliance must be maintained and made available to the State and its representatives for review and inspection. 5. Construction Responsibilities a. The Local Government 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. Prior to their execution, the State will be given the opportunity to review and comment on contract change orders. b. The Local Government will use its approved contract letting and award procedures to let and award the construction contract. AFA AFA VoITIP Page 3 of 3 Attachment A Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR AN ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS FOR THE PARK ROAD 22 BRIDGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT; SECTION 1. The City Manager or designee is authorized to execute an Interlocal Agreement with the Texas Department of Transportation for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects for the Park Road 22 Bridge. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Sec etary Joe Ada n16, Mayor APPROVED AS TO LEGAL FORM; 22 -Sep -11 Veronica Ocanas Assistant City Attomey For City Attorney 029?45 J:11.ENG11 ..... A G E N D A I T E M 51201110927111092711 RESO AFA Park Rd 2213Mge.doox + r r r t + Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR AN ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS FOR THE PARK ROAD 22 BRIDGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT; SECTION 1. The City Manager or designee is authorized to execute an Interlocal Agreement with the Texas Department of Transportation for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects for the Park Road 22 Bridge. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Sec etary Joe Ada n16, Mayor APPROVED AS TO LEGAL FORM; 22 -Sep -11 Veronica Ocanas Assistant City Attomey For City Attorney 029?45 J:11.ENG11 ..... A G E N D A I T E M 51201110927111092711 RESO AFA Park Rd 2213Mge.doox f 1 Page 2of2 Corpus Christi, Texas _/1 4- day of _ 2011. The above resolution was passed by the following vote: .foe Adame AIU- Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick z4v Priscilla Leal1� David Loeb AIV John E. Marez Nelda Martinez Mark Scott 029245 J:11.ENG11 ..... A G E N D A IT E M 512011\0927111092711 RESO AFA Park Rd 22 Bridge.docx