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HomeMy WebLinkAboutC2013-414 - 2/12/2013 - Approved q i Texas Department of Transportation 1701 SOUTH PADRE ISLAND DRIVE • CORPUS CHRISTI, TEXAS 78416 • (361) 808-2300 July 23, 2013 Corpus Christi District Nueces County ;.3,2.4262622.� RCSJ: 0617-01-172 ` CCSJ: 0617-01-170 and 0617-01-177 �� SH 358: From Nile Drive to Ayers Street I 8"V®d "' r� The Honorable Nelda Martinez. 0101 Mayor of City of Corpus Christi eIj£ �(2)% P. 0. Box 9277 �Zt Corpus Christi, Texas 78469 Dear Mayor Martinez: Attached is the signed original of the "Agreement To Contribute Right of Way Funds" that was executed for improvements to highway SH 358 (South Padre Island Drive) from Nile Drive to Ayers Street. In this agreement, the State shall assume responsibility for acquisition of all necessary right of way and adjustment of utilities, and the City shall contribute ten percent (10%) of the cost of right of way acquisition and utility adjustments. We look forward to working with you on this project. Please call Linda Morgan-Doss at (361) 808-2268, if you have any questions or additional information is needed. Sincerely, 7)deeL—J g-e? 1•6 Nelda R. Eureste South Right of Way Project Delivery Manager cc: Lonnie Gregorcyk, P.E. Paula Sales-Evans, P.E. Enclosure: Agreement To Contribute Right of Way Funds CMRRR: 7008-0500-0001-4380-3694 2013-414 2/12/13 THE TEXAS PLAN Res. 029739 HANCE SAFETY•EXPAND ECONOMIC OPPORTUNITY•IMPROVE AIR QUALITY 3ESERVE THE VALUE OF TRANSPORTATION ASSETS Texas Dept. of Transportation INDEXED An Equal Opportunity Employer 'xr e County, NUECES District CORPUS CHRISTI 16 ROW CSJ#l: 0617.01-172 CCSJ 0 0617.01-170 end 061741.177 Federal Project 0; Federal Highway Administration CFDA 0 p9. 05 Not Research and Development STATE OF TEXAS COUNTY OF NUECES § AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation,called the"State", and the City of Corpus Christi, Texas, acting through its duly authorized officials, called the"Local Government" WITNESSETH WHEREAS, Texas Transportation Code§§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, Texas Transportation Code, §§201.209 authorizes the State and a Local Government to enter into agreements in accordance with Texas Government Code, Chapter 791; and WHEREAS,the State has deemed it necessary to make certain highway improvements on Highway No. SH 358(South Padre Island Drive)from Nile Drive to Ayers Street, and this section of highway improvements will necessitate the acquisition of certain right of way and the relocating and adjusting of utilities, called the Project"; and WHEREAS,the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for this highway project; and WHEREAS,the Local Government desires to contribute to the State funding participation as defined in 43 TAC§15.55 for the cost of acquiring the right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; WHEREAS,the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated It 12, 20 which is attached to and made a part of this agreement as Attachment A.AMap showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW THEREFORE,the State and the Local Government do agree as follows: Agreement to Contribute ROW Funds Page 1 of 10 Revised 08/30/2011 « ti County NUECES District CORPUS CHRISTI-16 ROW CSJ#: 0617-01-172 CCSJ#:0617-01-170 and 0617-01-177 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development AGREEMENT 1. Agreement Period 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. Termination This agreement shall remain in effect until the Project is completed and accepted by all parties, unless: 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 Project is inactive for thirty-six(36)months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in Attachment C, Project Budget Estimate and Payment Schedule,which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Govemment, or other parties is shown in Attachment C. The Local Government shall contribute to the State the amount shown in Attachment C for its percentage of the total cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check for the amount and according to the payment schedule shown in Attachment C. B. 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. C. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State,the Local Government must complete training before federal spending authority is obligated, 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 Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny Agreement to Contribute ROW Funds Page 2 of 10 Revised 08/30/2011 County. NUECES District CORPUS CHRISTI- 16 ROW CSJ# 0617-01-172 CCSJ#:0617-01-170 and 0617-01-177 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development reimbursement if the Local Government has not designated a qualified individual to oversee the Project. D. The total cost of the right of way acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property interests, plus costs related to the relocation, removal, or adjustment of eligible utilities. E. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the'Texas Department of Transportation Trust Fund." The warrant or check 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 this highway project. F. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government or the State 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 agreement with approval by appropriate personnel of the Local Government. If the Local Government contributes real property under this agreement,this refund provision is subject to the limitation described below in Article 4(Real Property in Lieu of Monetary Payment). G. The State will not pay interest on any funds provided by the Local Government. H. In the event any existing,future, or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re-plats, results in any increased costs to the State,then the Local Government will pay one hundred percent(100%)of all those increased costs, even if the applicable county qualifies as an Economically Disadvantaged County (EDC). The amount of the increased costs associated with the existing,future, or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive will be determined by the State at its sole discretion. I. If the Local Government is an EDC and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. J. 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. 4. Real Property in Lieu of Monetary Payment A. Contributions of real property may be credited to the Local Government's funding obligation for the cost of right of way to be acquired for this project. Credit for all real property,other than property which is already dedicated or in use as a public road, contributed by the Local Government to the State shall be based on the property's fair Agreement to Contribute ROW Funds Page 3 of 10 Revised 08/30/2011 • , ' I County: NUECES District: CORPUS CHRISTI- 16 ROW CSJ#: 0617-01-172 CCSJ#:0617-01-170 and 0617-01-177 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development market value established as of the effective date of this agreement. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The amount of any credit for real property contributed for this project is clearly shown in Attachment C. B. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. This documentation shall Include an appraisal of the property by a licensed appraiser approved by the State. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; provided however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. C. Credit shall be given only for property transferred at no cost to the State after the effective date of this agreement and the issuance of spending authority, and only for property which is necessary to complete this project, has title acceptable to the State, and is not contaminated with hazardous materials. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired for this project The total credit cannot exceed the Local Governments matching share of the right of way obligation under this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. D. In the event the Local Governments monetary contributions to the State for acquisition of right of way, when added to its real property credits, exceed the Local Government's matching share of the right of way obligation,there will be no refund to the Local Government of any portion of its contributed money. 5. Amendments Amendments to this agreement due to changes in the character of the work,terms of the agreement,or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon,written supplemental agreement. 6. 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, to the following addresses: Agreement to Contribute ROW Funds Page 4 of 10 Revised 08/30/2011 County, NUECEi District CORPUS CHRISTI 18 ROW CSJ 8; 0117.01.172 COW% 081741=170 and 081741.177 Federal Prot ft Federal Highwa Administration CFDA• Not Resew- . • • •al . • erne ent: , The Honorable Nelda Martinez Director of Right of Way Division Mayor of the City of Corpus Christi Texas Department of Transportation P.O. Box 9277 125 E. 11 rn Street Corpus Christi, TX 78489 Austin,Texas 78701 AN notices shall be deemed given on the date delivered or deposited in the mail, unless otherwise provided by 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 notices shall be delivered personally or by certified U.S, mail and that request shall be honored and carried out by the other party. 7. Remedies This agreement shah 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. 8. 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,that 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. 9. 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. 10. 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 Government shall furnish the State with satisfactory proof of this compliance. Agreement to Contribute ROW Funds Page 5 of 10 Revised 08/30/2011 County: NUECES District CORPUS CHRISTI- 16 ROW CSJ#: 0617-01-172 CCSJ#:0617-01-170 and 0617-01-177 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development 11. 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 subject matter of this agreement. 12. 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 the Local Government shad 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 Government. At the request of the State,the Local Government shah submit any information required by the State in the format directed by the State. 13. Inspection of Books and Records The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration(FHWA)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 agreement or until any impending litigation, or claims are resolved. Additionally,the State and 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. 14. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly order this agreement or indirectly through a subcontract under this agreement 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, 16. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR§18.38 and with the property management standard established in Title 49 CFR§18.32. Agreement to Contribute ROW Funds Page 6 of 10 Revised 08/30/2011 County: NUECES District CORPUS CHRISTI-16 ROW CSJ#: 0617-01-172 CCSJ#:0617-01-170 and 0617-01-177 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development 16. Civil Rights Compliance The parties to this agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination(49 CFR Part 21 and 23 CFR Part 200), 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). 17. Applicability of Federal Provisions Articles 18 through 23 only apply if Federal funding is used in the acquisition of right of way or the adjustment of utilities. 18. Office of Management and Budget(OMB)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. 19. Disadvantaged Business Enterprise(DBE) Program Requirements A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality,the State's federally approved DBE program. C. The Local Government shad set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision- making authority regarding the DBE goal and shad be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http//txdot.aov/business/business outreach/mou,htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation(DOT)- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure in award and administration of DOT-assisted contracts. The State's DBE program,as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under Agreement to Contribute ROW Funds Page 7 of 10 Revised 08/30/2011 . • County. NUECES District CORPUS CHRISTI-16 ROW CSJ#: 0617-01-172 CCSJ#:0617-01-170 and 0617-01-177 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986(31 USC 3801 et seq.). F. Each contract the Local Government signs with a contractor(and each subcontract the prime contractor signs with a sub-contractor)must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origkn, or sex in the performance of this contract The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 20. Debarmen Certification 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,the Local Government certifies that it is not currently debarred, suspended,or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is 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. 21. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory's 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 signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. Agreement to Contribute ROW Funds Page 8 of 10 Revised 08/30/2011 County: NUECES District CORPUS CHRISTI-16 ROW CSJ#: 0617-01-172 CCSJ#:0617-01-170 and 0617-01-177 Federal Project#: Federal Highway Administration CFDA# 20,205 Not Research and Development C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers(including subcontracts, sub-grants,and contracts under grants, loans, and cooperative agreements)and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Tide 31 USC§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 failure, 22. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: httD://edocket.access.aDo.00v/2010/odf/2010-22705.odf and htto://edocket.access.000.aov/2010/odf/2010-22706.odf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a Central Contracting Registry(CCR)number (Federal Acquisition Regulation, Part 4, Sub-part 4.1100)if this award provides for more than$25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web-site whose address is: httos://www.bon.00v/ccr/defy ult.asox; 2. Obtain and provide to the State a Data Universal Numbering System(DUNS)number, a unique nine-character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun&Bradstreet on- line registration website httD://fedaov.dnb.com/webform; and 3. Report the total compensation and names of its top five(5)executives to the State if: i. More than 80%of annual gross revenues are from the Federal government,and those revenues are greater than$25,000,000; and O. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 23. Single Audit Report A. 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. B. If threshold expenditures of$500,000 or more are met during the Local Government's fiscal year,the Local Government must submit a Single Audit Report and Management Letter(if applicable)to TxDOTs Audit Office, 125 E. 11th Street,Austin, TX 78701 or contact TxDOT's Audit Office at htto://www.txdot.aov/contact us/audit.htm. C. If expenditures are less than$500,000 during the Local Government's fiscal year,the Local Goverment must submit a statement to TxDOTs Audit Office as follows: "We did not meet the$500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY ." Agreement to Contribute ROW Funds Page 9 of 10 Revised 08/30/2011 County: NUECES District: CORPUS CHRISTI- 16 ROW CSJ#: 0617-01-172 CCSJ#:0617-01-170 and 0617-01-177 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development D. For each year the project remains open for federal finding expenditures,the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the he of the agreement, unless otherwise amended or the project has been formally dosed out and no charges have been incurred within the current fiscal year. 24. 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()A 7 7/7) e 12 Approved as to Legal form: D� c (-? . Act v e-t Typed or Printed Name , ti� Y 7 )6t. 1,t Veroni:n O . as c Assistant City Att orney orney Title For City Attorney Date TEST. AR S ECHAPA THE STATE OF TEXAS ��r � John P. Campbell, P.E. Director, Right of Way Division Texas Department of Transportation f 02.9739 Date �--- AU t HUK14x.; COtsteiL SF�fTA? Agreement to Contribute ROW Funds Page 10 of 10 Revised 08/30/2011 County: NUECES District CORPUS CHRISTI-16 ROW CSJ#: 0617-01-172 CCSJ#:0617-01-170 and 0617-01-177 Federal Project# Federal Highway Administration CFDA# 30.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE Agreement to Contribute ROW Funds Page 1 of 1 Attachment A p 3S Ck�`4,` t0 ` s o`` 111 r� CITY OF CORPUS CHRISTI ry ` CERTIFICATION OF PUBLIC RECORD 1'852`. 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. 029739 passed and approved by Corpus Christi City Council on February 12, 2013 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 26th day of February, 2013. a Armando Chapa City Secretary Corpus Christi, Texas (SEAL) City of Corpus Christi Armando Chapa, City Secretary P.O.Box 9277 Corpus Christi,Texas 78469-9277 (361) 826-3105 armandoc@cctexas.com • • Resolution authorizing the City Manager or designee to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation for the acquisition of certain rights- of-way and the relocating and adjusting of utilities within the project's scope of SH 358 (South Padre Island Drive) from Nile Drive to Ayers Street, with the City's participation in the amount of$950,000. 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 Agreement to Contribute Right of Way Funds with the Texas Department of Transportation, with the City's participation in the amount of$950,000, for the acquisition of certain rights-of-way and the relocating and adjusting of utilities within the project's scope of SH 358 (South Padre Island Drive) from Nile Drive to Ayers Street. ATTEST: THE tiCORPUS CHRISTI Armando Chapa -Ida artinez� City Secretary Mayor J:11.ENG11 AGENDA ITEM S12013\0129131012913 RESO Agrmt to Contribute Funds SPID Nile to Ayers$95,000.docx 029739 INDEXED • Corpus Christi, Texas I2) of 'h The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal I 1 David Loeb Chad Magill Colleen McIntyre Lillian Riojas �1 Mark Scott • .L. J:11.ENG11 AGENDA ITEM S120131012913\012913 RESD Agrmt to Contribute Funds SPID Nile to Ayers$95,000.docx 029739 Y E.. 1 ti l: CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 &8) 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:January 29, 2013 Action Agenda Item -Council Meeting Date: February 12, 2013 Agenda Caption: Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way-and the relocating and adjusting of utilities within the project's scope of SH 358 (South Padre Island Drive) from Nile Drive to Ayers Street, with the City's participation in the amount of$950,000. Amount Required: $950,000 Fund Name Account Fund Org. Project Contract Certify Balance to No. No. No. No. Amount Amount Re-Certify Street CIP Bond Issue 2012 550910 3549 00000 E12228 $950,000.00 $950,000.00 $0.00 Future TXDOT Partic Total $950,000.00 $950,000.00 $0.00 ❑ Re-Certification Required Director of Financial Services Date: - s> , 2013 KIENGINEERING DATAEXCHANGE LYNDAILEGISTARIFY 1351-JAN 29kRAMP REVERSAL\COF-RAMP REVERSAL DOCX . l • County: NUECES District CORPUS CHRISTI-16 ROW CSJ#: 0617-01-172 CCSJ#:0617-01-170 and 0617-01-177 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development ATTACHMENT B LOCATION MAP SHOWING PROJECT This agreement covers the entire project limits. Agreement to Contribute ROW Funds Page 1 of 2 Attachment B , STATE OF TEXAS f1 711 =- TEXAS DEPARTMENT OF TRANSPORTATION ""` Wit`;... ..... ..#4�NeTNIN [•••••• 4Cs.oNosII N•10,:11( !A '" INDEX QF SHEETS "'"w—•`"" SHEET NO. IE.SCRIPTION PLANS OF PROPOSED ___ 1 TITLE SHEET RIGHT OF WAY PROJECT GENERAL VICINITY MAP 2 INDEX SHEET (PARCELS 1-68), CONTROL ' 2A SURVEYOR'S REPORT, UTILITIES, ALIGNMENTS ITO PROJECT LOON. C.S.J. NO. 0617-01-172 ` 3-24 ROW MAP SHEETS NUECES COUNTY I. CORPUS CHRISTI CORSI. C.S.J. Na 10617-01 1 T • 25,26 DETAILS OF REMAINDERS, COMMENCING CALLS SH 358 Bar /STA. s73•37.66 R.O.W. CSJ NO:0617-01-172 CONST. CSJ NO:0617-01-t77 �' / —. PROJECT LIMITS FROM: NILE DRIVE 4 - " SIGHT PROJECT TO: STAPLES STREET a MI 4 "CO.6, C.S.J. No, 0617-01 112 cast, C.S.J. NO.ROR- a#,n NET LENGTH OF PROJECT: 6,616.35 FT. • 1.632 MILES •" 'i, % STA. . C.S..Oa NOTE REDAPOING rMIMCE OF PROJECT SCHEMATIC ACCESS DENIAL P.O.W. CSJ NO:0617-01-172 CONST. CSJ NO:06)7-01-170 ••� •• �t`', - ANIgUT70111 SHIM MA.IMMO LOW ACCESS DENIAL PROJECT LIMITS FROM: STAPLES STREET Br ANNOTATIONS ON THIS RIONT Or M.MAP AND TOW INDITIOUAL TO: AYERS STREET (SH 286) 1 P1ONr a Mr WWII DESCRIPTIONS. NET LENGTH OF PROJECT: 21 121.30 FT. • 4.000 MILES N,-OAT Mr CORPUS CHRISTI NDTNI0NOtllAL L 1K ANNOTATION WORMS Of ACCESS ON TOOL ANWOR PLAN SCALE: 1" • 50' ACUSS OETIIM LIMES AT WORMS LOCATIONS ON TOW PROJECT SCHEMATIC ASSOCIATED PITH MUM RIDNT OF MT MAP, [MISTING /, ACCESS DRIATIATD WILL OE ALLOK PED TO REMAIN OPEN AND DILL OE .1/. BEGIN PROJECT -~ NEESTAOLISD AND SEBUM U AS PMT Of MC NIMMAT R.0.N. C.S.J. ND. 0617-01-172 0VtA6711 PRDJ[CI, AOOIr101NLLI, AND NDTIIITNSIANDING k� CONS!. C.S.J. NO,.0617-01-110 11M (\;\ TIN ACCESS CONTROLAINIAL LINES SNORT Ar NMIOU7 LOCAITON! % STA. 362•16.35 NE POOJEtt OCINMATIC, A0Ol1IONAt FUNK ACCESS v'• 1. DRIVEWAY LOCATIONS Mr OE REOII[RT[D RIlWIN SUCH ACCESS END 5. C.S. CONTRp#DENML LINE AREAS, MO SUCH FUTURE DRIV[MT • CORPUS CHRISTI R.0.5. C.S.J. N0. 0611-O1 LOCATIONS MAT St AUTN0117E0 TNldlw WE DRIVERAT PERMIT T:1* C.S.J ND.t 0617.01-177 APPLitATION P10CESS, INOVIOED SUCH FUTINIE REDUESTED I • STA. 362.16, ND.. LOCATIONS COPL7 WITH DESIDN AND ACCESS NANADEKNT MANUAL BAY DENTURES. ....•l.~•»�•, CORPUS CHRISTI ., '\ _ ` 7/102(\\\ :�5.0.1 PC.S.JT /'/♦ i IE,0.T. C.S.J. NO. 0611 OT•1 72 /CONST. C.S.J. N0.10617 01.170 / / STA. 362+16.35 EQUATIONS - NONE ND PPKIJECT END PROJECT �- EXCEPTIONS NONE co :.0C.S.J, N0. 06n 01 I7 R.0.6. C.S.J. N0. 06n 01-112 CORSI. C.S.J. NO.x0611 01 17 CONST. C.S.J. N0.N0617 01-177 RAILROAD CROSSINGS NONE STA. 573.37.65 , \ STA. $62.16.3S....._ , , LEGEND ,C, ■ ,,D SR +UT IA STEt4 Poo RI1N GNP twNA•A45 }�, E�[ng PROJEtt ' a.O+T. C.S.J. N0. 061:-01 172 •SR •FOUND LAS' STEEL WO lµwAt /►; COAST, C.S.J. Iq,I 11617 01.1 77 woo c:t.x eon D !V/1x001 IRK 11 ROO MOW • ♦'rq ' 31 a. 276.00.DO woo CCSJ WI T-m-n: k M•OMC•kD PTr1Y0 C.0 S J.•N•Jtc.cm.vs • SET TNDOT ITR ill POO WNW AONb NNIU p ACCESS moot N.P. TIM WORDS TINGES COUNTY TEXAS RECOIOENDED FOR ACQUISITION: 0.1. MENACE IASEKNI ` U.E- UT IL I IT(0104111 ' ROC RIONT V Mr P.00. POINT OF SE011NING t P.O C POINT M COIKKIND � -Ifr•Ll,- •NMI.NUIMP YYIISSttaal� N.O.B. ININIS7 TOR ON E © -EXISTING PtNCE VICINITY MAP DlsdltT SURVEYOR —I. PPOPCPTT LINT PARENT TPAWT LINE J' LINE NOT TO SCALE CEMENT LIRE [' RECp6EN0EO FOR ACQUISITION VITIATING R.O t•iMING NUE _ES COUNTY ` '— VITIATING PROPOSED P.0 R '— GENERAL NOTES CORPUS CHRISTI DISTRICT THIS MAP IS AN INTERNAL TxDOT DOCUMENT. ITS CONTENTS SHALL AREA ENGINEER 011 OESIGG ENGINEER: DATE UTILITIES ARE MOPE IN APPNOr1MAtt LOCATIONS ALL NOT BE USED FOR ANY OTHER PURPOSE. O5PKAD WHAMS MA.INCLUDE ACP CLIOTPIC, Alto N[L(I7I Al 41F• TELEPHONE,,, WO TINE WHINER CAKE 111101 1(1/Ell WIC.CAOLC ALL BEARINGS ARE ON THE TEXAS STATE PLANE COORDINATE SYSTEM, i.. AND WANK Co1MINICATIONS FIXER OPTIC•CAM iv I, All NEEDNEF[MNCES APE 10OMTICIAL WORDS Or NAD 83 (1993 ADJ.) SOUTH ZONE. ALL DISTANCES AND COORDINATES ARE *CMS COUNT', Ions,UNLESS OTHEROKr Norco, SURFACE AND MAY BE CONVERTED TO GRID BY TxDOT CONVERSION FACTOR OF 1.00002. DISTRICT ENGINEER DATE County: NUECES District CORPUS CHRISTI-16 ROW CSJ#: 0617-01-172 CCSJ#:0617-01-170 and 0617-01-177 Federal Project#:, Federal Highway Administration CFDA# 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND PAYMENT SCHEDULE Agreement to Contribute ROW Funds Page 1 of 2 Attachment C . SH 3511:Nucce.County . Limits:From Nile Drive to Ayers Street RCSJ:0617-01-172,CCSJ:0617-01-170 and 0617.01-177 Standard Agreement to Contribute State Performs Work Fixed Price or Incremental Payments Attachment C _.. _ Y"YM.ara":.. ` r arr*471..7 • r' ' Cost % C % _ Cost Right of Way $6,200,000.00 90% $5,580,000.00 10% $620,000.00 Acquisition Reimbursable Utility $3,300,000.00 90% $2,970,000.00 10% $330,000.00 Adjustments Joint Bid Reimbursable $0 0% $0 0% $0 Utility Adjustments $0 0% $0 0% $0 $0 0% $0 0% $0 TOTAL $9,500,000.00 90% $6,550,000.00 10% $950,000.00 Local Government requested approval for incremental payments of its funding obligation pursuant to 43 TAC§15.52 and the executive Director has approved the request. Attached is completed Special Approval Form—DED Approval. Initial payment by the Local Government to the State with execution of agreement. Fixed Price:MASH or the following incremental payment schedule. N/A This is an estimate. The final amount of Local Government participation will be based on actual costs. RAProject DeliverylROW RSM LPA and PROJECT INFORMATIONICRP LPA Ag eanteutss0617-01- 172 Attachment C-Funding Schedule-State Paforms Wodc.doc Rev.02/02/2012