HomeMy WebLinkAboutC2012-152 - 5/15/2012 - Approved4
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ # 0916 -00 -063
District # 16 - Corms Christi
Code Chart 64 # 09800
Project: Construct ADA Ram
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, called the "State ", and the City of Corpus 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 112237 authorizes the State to undertake and
complete a highway improvement generally described as construct curb ramps for ADA compliance
at various locations in Nueces County; 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 adjusting
manholes, water valves and gas valves, 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 tliem respectively kept and performed as hereinafter set forth, the State
and the Local Government do agree as follows:
AGREEMENT
1. 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 Responsibilitles which Is attached to and made a part of this contract. In
addition to ldentifying those items of work paid for by payments. to the State, Attachment A,
2012 -152 page 1 of 5 Revised 04/01/11
Res. 029476
5115112
TXDOT INDEXED
CSr # 0916 -00 -063
District # 16 — CoWus Christi
Code Chart 64 # 92LOo
Project: Construpt ADA Ramps
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 Govemment, 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 Govemment is
required at any time during the Project, the State will notify the Local Govemment in writing.
The Local Govemment shall make payment to the State within thirty (34) 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 Govemment.
3. Right of Access
If the Local Govemment is the owner of any part of the Project site, the Local Govemment 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 Govemment 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.
S. 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 Govemment 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 Govemment 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 govemment creates the documents with its own forces or
by hiring a consultant or professional provider. At the request of the State, the Local Govemment
shall submit any information required by the State in the format directed by the State.
T. interest
The State will not pay Interest on funds provided by the Local Govemment. Funds provided by
the Local Govemment will be deposited into, and retained in, the State Treasury.
AFA AFA VoIT1P Page 2 of 5 Revised 04/01111
CSJ # 0916- 00-063
District # - 16 - - Co us Chril ti
Code Chart 641! 0980o
Project: Construct ADA RAW-8 .
S. 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.
S. 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 04/01111
Csi # L6 -00 -063
District #>! 16 — Comas Christi
Code Chart 64 # 0_800
Project: Construct ADA gMpss
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
partiesj, addressed to such party at the following addresses:
Local Government:
City of Corpus Christi
Attn: City Manager
1201 Leopard St.
Corpus Christi, Texas 78401
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 04101191
CSJ ## 0916 -00 -063
District # 16— : 2 us Christi
Code Chart 64 # 09804
Project: Construct ADA Ramos
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 worts 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
Typed or Printed Name
A% - )540�
Title
S-
Date
THE STATE OF TEXAS
Capy T. Floo, CPA (�
South Regional Support Center Director
1-2-
Date
AppWaStol.e0bim '
Veronica OcaSas
Assistant City Attorney
For City Attorney
ST t tIItCIL S 1 7-
.. A
AFA AFA VoITIP Page 5 of 5 Revised 04/01/11
-i �.JL._- I. ..- -- .�_,..--- ......
IJ
t
CSJ ## 0916 -00 -063
District 4 16 — Corpus Christi
Code Chart 64 #f 09800
Project: Adjust Manholes Water
Valves and Gas Vales
ATTACHMENT A
PAYMENT PROVISION AND WORK RESPONSIBILITIES
The Local Government will contribute 100% of the construction costs for adjusting manholes, water
valves and gas valves at certain locations in the City of Corpus Christi, including construction items
and direct state costs. The Local Government is responsible for any cost overruns.
Description
otal
ederal
Late Participation
oval Participation
tim ated
artici ation
ost
ost
ost
ost
djust manholes, water
14,200.00
%
%
0
100%
14,200.00
elves and gas valves
b State
onstruction Engineering
1,895.00
% 0
°V0
0
00%
1,895.00
b Smote
u
16,095.00
$0
$0
16,095.00
on btotal
struction Direct State
208.00
%
0
0%
0
100%
208.00
osts
I nd irect State Costs
1,170.00
%
0
%
0
100%
1,170.00
7.27%
ubtotal
1,378.00
$0
$0
1,378.00
OTAL
17473.00
$0
$0
17,473.00
Initial payment by the Local Government to the State: $0
Payment by the Local Government to the State before construction: $17,473.00
Estimated total payment by the Local Government to the State $ 17,473.00
This is an estimate. The final amount of Local Government participation will be based on actual
costs.
AFA -AFA VOITIP Page 1 of 1 Attachment A
CERTIFICATE
THE STATE OF TEXAS'
COUNTY OF NUECES '
I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that
the following is a true and correct copy of Resolution No. 029476 passed and approved by
Corpus Christi City Council on May 15, 2012 as same appears in the Official Records of
the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful
custodian.
WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas,
this 17th day of May, 2012.
O rvl---4�
Armando Chapa
City Secretary
Corpus Christi, Texas
(S E A L)
N
Resolution authorizing the City Manager, or designee, to execute
an Advance Funding Agreement with the Texas Department of
Transportation (TXDOT) for the adjustment of wastewater
manholes, gas valves, and water valves within the project's scope
of TXDOT's ADA Curb Ramps City-wide 2012 Program, with the
City's participation in the amount of $17,473.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute an Advance
Funding Agreement with the Texas Department of Transportation (TXDOT) for the
adjustment of wastewater manholes, gas valves, and water valves within the project's
scope of TXDOTs ADA Curb Ramps City -wide 2012.
ATTEST:
Armando Chapa
City Secretary
APPROVED AS TO LEGAL FORM:
4
THE CITY OF CORPUS CHRISTI
Z 21 � & �-' a &
Joe Adime
Mayor
�' day of , 2012.
Veronica Ocanas
Assistant City Attorney
for City Attomey
042412 Faso afa manholes, gas valves, & water valves - txdoYs ada curb ramps city-wide 2012
029476
Corpus Texas
of _'1 , 2012
The above resolution was passed by the following vote:
Joe Adame Dig
Chris N. Adler
Kelley Allen
Larry Elizondo, Sr.
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
042412 reso afa manholes, gas valves, & water valves - Ndot's ada curb ramps do -w+de 2012
0294'75
.._..._j ,_. ii ...... ....... .. .
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & S)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money required for the
current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the
Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated
for any other purpose. Future payments are subject to annual appropriation by the City Council.
Future Agenda Item - Council Meeting Date: May 8, 2012
Action Agenda Item - Council Meeting Date: May 15, 2012
Agenda Caption: Resolution authorizing the City Manager, or designee, to execute an Advance Funding
Agreement with the Texas Department of Transportation ( TXDOT) for the adjustment of wastewater manholes,
gas valves, and water valves within the project's scope of TXDOT's ADA Curb Ramps City -wide 2012
Program, with the City's participation in the amount of $17,473.
Amount Required: $00.00 (initial payment by the City to TXDOT)
17,473.00 (final payment by the City to TXDOT before construction)
Fund Name
Account
No.
Fund
No.
Org.
No.
Project
No.
Contract
Amount
Certify
Amount
Balance to
Re- Certify
Street CIP
550910
3546
00000
E12027
$17,473.00
$17,473.00
$0.00
Total
$17,473.00
$17,473.00
$0.00
❑ Certification Not Required
Director of Financial Services
Date: _ ., 2012
C:SDOCUMENTS AND SETT INGSLMARYJ.CCPDItAPPLICATION CATAIL51TEMP% 54EB3516- C8CE -02AC- A4E9- 372474C26C65.00CX ,;
Texas
-Department
of Transports #ion
June 4, 2012
To: Jamie Pyle, P.E., R.P.L.S., C.F.M.
Engineering Project Manager
From: Robin Ramirez
Special Projects Coordinator
Subject: Fully Executed AFA CSJ: 916 -00 -063 /CSJ: 3364 -01 -010
Attached are the fully executed above referenced Agreement for your records.
Please contact me at 361- 808 -2233 or Jason Alvarez 361- 808 -2495, if you need
additional information.
Sincerely,
Robin. Ramirez