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HomeMy WebLinkAboutC2016-608 - 5/17/2016 - Approved �r • • • INTERLOCAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI FOR STREET REPAIRS AT THE TEMPORARY TRANSFER STATION ON LEOPARD STREET BETWEEN SAM RANKIN AND JOSEPHINE STREET This Interlocal Agreement is made between Regional Transportation Authority in Corpus Christi, Texas ("RTA"), a metropolitan transit authority operating under Chapter 451 of the Texas Transportation Code, and the City of Corpus Christi, Texas, ("City"), a municipal corporation and home-rule city, acting by and through its governing body, the City Council. WHEREAS, the RTA anticipates completion of the Staples Street Transfer Station in May 2016 and will cease the use of the temporary transfer station on Leopard Street between Sam Rankin Street and Josephine Street(Temporary Transfer Station); WHEREAS, RTA's use of the Temporary Transfer Station increased demands on certain roadway sections, which now require repairs; WHEREAS, Bond 2012, Proposition 1 was approved by voters and provides that the City will reconstruct South Staples Street, generally from Morgan Avenue to IH 37 ("Project"); and WHEREAS, the City's contractor for the Project, Bay, Ltd., is mobilized and working in the area near the Temporary Transfer Station; NOW, THEREFORE, BE IT AGREED BY THE REGIONAL TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI, TEXAS: 1. Scope of Work. The City agrees to complete certain street repairs on sections of Josephine, Sam Rankin, Mexico, N. Alameda and Leopard Streets in the area of the Temporary Transfer Station as outlined in the scope of work (the"Scope of Work") described in Exhibit A. 2. Contracting. The City shall handle all contracting and construction management in connection with the Scope of Work through its public works department. The City anticipates executing a Change Order with Bay, Ltd. to complete the Scope of Work. 3. RTA Participation. The RTA agrees to pay to the City an amount not to exceed $300,000.00 as its portion of the total costs to be incurred by the City in completion of the Scope of Work. The parties acknowledge that the cost estimate provided in the Scope of Work is an estimate only, but nothing herein shall obligate the RTA to pay more than $300,000.00 in connection with the completion of the Scope of Work. 4. Payment. Upon approval of the construction change order for such improvements, the City shall notify the RTA of the actual costs to be incurred in connection with the improvements to be provided under the Scope of Work and provide such documentation as reasonably necessary to confirm such amount. The RTA agrees to pay to the City the actual cost of 2016-608 5/17/16 Ord. 030853 RTA INDEXED • construction of such improvements, not to exceed the amount of$300,000.00, such payment to be made within 45 days from the date that the Change Order is executed by the City. 5. Term of Agreement. This Agreement shall be for a term of approximately one year with all construction to be completed by April 30, 2017; provided that, this Agreement is subject to automatic renewal in the event that construction has not been completed by such date. 6. Payments. Any payment made by either the City or the RTA for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such parties as required by the Interlocal Cooperation Act. All funding obligations of the RTA and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. 7. Disadvantaged Business Enterprises. The City agrees to include such provisions in its construction documents as are reasonably required in order to promote the use of disadvantaged business enterprises in connection with the construction of said improvements and comply with Title VI of the Civil Rights Act. 8. Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre-paid, certified mail, return receipt requested. RTA: CEO Regional Transportation Authority 5658 Bear Lane Corpus Christi, Texas 78405 CITY: City of Corpus Christi Attn: Executive Director of Public Works P.O. Box 9277 Corpus Christi, Texas 78469-9277 9. Performance. This Agreement shall be performed in Nueces County, Texas and shall be interpreted according to the laws of the State of Texas. 10. Severability Clause. If any portion of this Agreement or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. 11. Entire Agreement. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement. This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. C:\Users\MarisaM\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\X3JBSIII\16 Temp Transfer Road Repairs 0415.docx - 2 - • . 12. Interlocal Cooperation Act. This Agreement is subject to the terms and provisions of the Texas Interlocal Cooperation Act, codified as Chapter 791 of the Texas Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act. CORPUS CHRISTI REGIONAL CITY OF CORPUS CHRISTI TRANSPORTATION AUTHORITY , L 4 .� ilii A J� 1( 0 i7 Jorge 4-Aedo CEO (Date) Wrie H. Gr: P. (Date) E•ecutive Director ' blic Works ATTEST: R_Luct-e, Rebecca Huerta (Date) City Secretary 4/411 APPROVED AS TO LEGAL FORM: � 1/Z&/13 4angt IM:LA-4 4angt ?',l'/Y� n-l�d (Date) Assistant City Attorney Ord 53rtv%4.L CatkCIL...... �. 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' I I ri .-- 6 y (/ )11V';'41Ciiit4,..ir '''-• ''.). 't!#11('''''' I t IFS- : :,'li. 1,... F. -,' ,,,,,,,I I . . L. . Exhibit A CITY COUNCIL EXHIBIT Street Repair CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES iii Location Map Ordinance appropriating $300,000 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $300,000; authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; authorizing the City Manager, or designee, to execute a change order with Bay, Ltd. of Corpus Christi, Texas in the amount of $358,683.57 for the South Staples Street from Morgan Avenue to IH 37 project. BOND 2012, Proposition 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to add RTA anticipated revenues in the amount of $300,000 to the South Staples Street from Morgan Avenue to IH 37 project, BOND 2012, Proposition 1. SECTION 2. Revenues and expenditures in the amount of $300,000 are increased in the FY 2016 Capital Improvement Budget adopted by Ordinance No 030621. SECTION 3. The City Manager or designee is authorized to execute an Interlocal Agreement with the RTA for improvements to streets along the temporary bus route. SECTION 4. The City Manager or designee is authorized to execute a change order for the South Staples Street from Morgan Avenue to IH 37 project, with Bay, Ltd. Inc. of Corpus Christi, Texas in the amount of$358,683.57. ATTEST: THE ITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martine City Secretary Mayor 0030853 INDEXED c That the fp going ordinance was read for the first time and passed to its second reading on this the jUPIday of A ' A .4 , 2016, by the following vote: Nelda Martinez I`, Brian Rosas I. ,L Rudy Garza ii a Lucy Rubio 1,1 ., 1 Michael Hunter ØÀÁ' t " Mark Scott ! �►4(1 A. Chad Magill f., ' Carolyn VaughnA. i / Colleen McIntyre I ill Th t th foregoing ordinance was read for the second time and passed finally on this the 1 day of , 2016, by the following vote: Nelda MartinezAL..__ Brian Rosas _____1F Rudy Garza Lucy Rubio S Michael Hunter ---04---- Mark Scott / 1 , Chad Magill _____01Carolyn Vaughn (, Colleen McIntyre a.,,{ efe, PASSED AND APPROVED, this the 11 d y o Li,_ 2016. ATTEST: Re-1:1120e-e-&-EkikArUt- Ni.,\,/........ Rebecca Huerta Nelda Martinez City Secretary Mayor 1.130853 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. City Council Action Date: May 17.2016 Agenda Item: Ordinance appropriating $300.000 of anticipated revenues from the Regional Transportation Authority(RTA)' changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $300.000; authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; authorizing the City Manager, or designee, to execute a change order with Bay, Ltd. of Corpus Christi, Texas in the amount of $358,683.57 for the South Staples Street from Morgan Avenue to IH 37 project. BOND 2012, Proposition 1. Amount Required: 3300.000 Fund Name Accounting Account Activity No. Amount Unit No. Street CIP Fund 3530-051 116130 $300,000 Total $300,000 El Certification Not Required Director of Financial Services Date: MAY 0 9 2016 Ib-o486 • • • 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. City Council Action Date: May 17. 2016 Agenda Item: Ordinance appropriating $300,000 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase revenues and expenditures by $300,000; authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA; authorizing the City Manager. or designee. to execute a change order with Bay, Ltd. of Corpus Christi. Texas in the amount of$358 683.57 for the South Staples Street from Morgan Avenue to IH 37 protect. BOND 2012. Proposition 1. Amount Required: $358.398.80 Fund Name Accounting Account Activity No. Amount Unit No. Street CIP Fund 3530-051 550910 E12096013530EXP $296,248.21 Street 2013G0 BD 12 3549-051 550910 El2096013549EXP 54,036.56 Storm Water 2012A BD 12 3496-051 550910 E12096013496EXP 3,398.80 Water 2013 BD 12 4094-051 550910 E12096014094EXP 5,000.00 Total $358,683.57 0 Certification Not Required ck Director of Financial Services Date: MAY 0 9 2016 4,_o4430 • PROJECT BUDGET Staples Street from Morgan Avenue to IH 37 May 10,2016 PROJECT FUNDS AVAILABLE: Bond 2012.................................................................. $ 6,900,372.79 RTA Contribution No. 1............................................................ 771,036.00 RTA Contribution No. 2...... 300,000.00 Storm Water CIP...................................................... 4,030,800.00 WaterCIP................................................................................................................... 2,166,034.54 Wastewater CIP................ 1,752,835.92 GasCIP................................................................................................................. 89,984.55 TOTAL $ 16,011,063.80 FUNDS REQUIRED: Construction Fees: Construction Total(Bay,Ltd)ORIGINAL CONTRACT PLUS TWO CHANGE ORDERS $ 13,808,173.67 Streets.......................................................................... 5,574,507.41 RTA 1,067,783.36 Sub-total Street Construction...................................... 6,642,290.77 Storm Water............................................. ....... ...... 3,703,202.70 Water............................................................ 1,865,370.90 Wastewater................................................................... 1,554,070.30 Gas.............................................................................. 43,239.00 Sub-total Utility Construction......................................................................... 7,165,882.90 Contingency(7.5%) 1,035,613.03 Construction Inspection............................................................................................. 96,066.38 Design Fees: *Engineer(Naismith Engineering)Original and Amendment 1..................................................... 848,162.50 Testing Fees: 89,350.00 Geotechnical Testing(Kleinfelder).................................................................. 15,000.00 Construction Materials Testing (Rock)............................................................. 74,350.00 Reimbursements: Total Reimbursements........................................................................................................ 133,088.51 Contract Administration(Capital Programs/Capital Budget/Finance)(0.3%)............. 48,033.19 Engineering Services(Project Mgt/Constr Mgt/Traffic Mgt Services)(0.5%)......... 80,055.32 Misc. (Printing,Advertising, etc.)..................................................................... 5,000.00 TOTAL 16,010,454.09 ESTIMATED PROJECT BUDGET BALANCE $ 609.71 *Original contract issued January 29,2013.