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Home My WebLink About028662 RES - 06/29/2010RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR NON -CONSTRUCTION (LPAFA-NonCST) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) IN THE AMOUNT OF $112,000.00 FOR THE SOUTHSIDE MOBILITY CORRIDOR FEASIBILITY STUDY FOR A TERM OF TWO YEARS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute a Local Project Advance Funding Agreement for Non -Construction (LPAFA-NonCST) with the State of Texas, acting by and through the Texas Department of Transportation, in the amount of $112,000.00, for a two-year term, for the Southside Mobility Corridor Feasibility Study. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 17 -Jun -10 By: Veronica Ocaf as Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joedame Mayor 0'8662 H:1LEG-DIR1VeronicaO\1. ENG11 AGENDA IT EM S11010629101062910 RESO LPAFA TxDOT v.3.docx INDEXED 1 OF 2 day of , 2010. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 028662 H:1LEG-0IR\Veronica0ll,ENG11 AGENDA IT E M S11O\O629101062910 RESO LPAFA TxDOT v.3.docx 2 OF 2 CS.1 # 0916-00-054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 STATE OF TEXAS COUNTY OF TRAVIS LOCAL TRANSPORTATION PROJECT NON -CONSTRUCTION ADVANCE FUNDING AGREEMENT For a Surface Transportation Project - Metropolitan Mobility On System Project THIS Local Project Advance Funding Agreement for Non -Construction (LPAFA-NonCST) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter referred to as the "State", and the City of Corpus Christi, Nueces County, and San Patricia County, each acting by and through their duly authorized officials, hereinafter referred to as the "Local Governments". BACKGROUND A Master Agreement between each of the Local Governments and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA- NonCST. Federal law establishes federally funded programs for transportation improvements to implement its public purposes, including the Surface Transportation Projects. Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds. The Texas Transportation Commission passed Minute Order 112237, which provides for development of and funding for the Project identified in this LPAFA-NonCST. The Governing Body of the Local Governments has each approved entering into this LPAFA-NonCST by resolution or ordinance, which are attached and made part of the LPAFA-NonCST as Attachment A. THEREFORE, in consideration of the mutual promises contained in this LPAFA-NonCST, the parties agree to the following. Agreement 1. Period of the Agreement 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 close of ordinary business on January 31, 2013 2. Scope of Work The scope of work is the Project as detailed in Attachment B, which is attached and made part of this LPAFA-NonCST. 3. Local Project Sources and Uses of Funds a. The total estimated cost of the Project is shown in Attachment C, which is attached and made part of this LPAFA-NonCST. The State will pay for only those Project costs that have been AFA-LPAFA_NonConstruction.doc Page 1 of 6 Revised 12/11/2009 CS.i # 0916-00-054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Governments for any work performed before the issuance of a formal Letter of Authority by the Federal Highway Administration. The Local Governments are responsible for 100% of the cost of any work performed under there direction or control before the federal Letter of Authority is formally issued. If any of the Local Governments will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Governments must complete training before a letter of authority is issued. 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 Governments shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of any of the Local Governments or an employee of a firm that has been contracted by the Local Governments to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Governments have not designated a qualified individual to oversee the Project. b. The State will be responsible for securing the Federal and State share of the funding required for the Project. If the Local Governments are due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. The Local Governments are responsible for the non-federal and non -State participation costs associated with the Project, the State is responsible for overruns in excess of the approved local Project budget. if the The State will not pay interest on any funds provided by the Local Government. c. The Local Governments shall request payment by submitting the original of an itemized invoice in a form acceptable to the State. The Local Governments may submit an invoice no more frequently than monthly and no later than ninety days after incurring a cost. Each invoice shall itemize charges and shall attach documentation showing the name, hourly rate, and number of hours worked for all labor charges, the basis for allocation of any indirect costs, and copies of invoices for any direct costs over $1,000. d. Whenever funds are paid by the Local Governments to the State under this LPAFA-NonCST, the Local Governments 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. These funds may only be applied to the Project. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Governments, the State, or the Federal government will be promptly paid by the owing party. After final Project accounting, if excess funds remain in the escrow account, those funds may be applied by the State to the Local Governments' contractual obligations to the State under another advance funding agreement. e. If the Project has been approved for a fixed price or incremental payments under 43 TAC §15.52, Attachment C will clearly state the amount of the fixed price or the incremental payment schedule. 'If the Local governments are an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, Attachment C will reflect those adjustments. AFA-LPAFA NonConstruction.doc Page 2 of 6 Revised 12/1112009 CS.) # 0916-00-054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 f. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the LPAFA-NonCST or indirectly through a subcontract under the LPAFA- NonCST. Acceptance of funds directly under the LPAFA-NonCST or indirectly through a subcontract under this LPAFA-NonCST 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. g. 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. h. Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used and the Local Governments are performing any work, either directly or through a contractor, it must comply with the following provisions. If the Local Governments are receiving ARRA funds, but are not performing any work, the following provisions apply, if appropriate, and to the extent necessary to comply with ARRA regulations. In accordance with Section 902 of the ARRA, should this agreement involve the expenditure of ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to: a. examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to the contract or subcontract; and b. interview any officer or employee of the contractor or any of its subcontractors, or any State or local agency administering the contract regarding such contracts. Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of the Comptroller General. In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant awarded using covered funds, any representative of an appropriate inspector general appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized: a. to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agencies administering such contract that pertain to and involve transactions relating to the contract, subcontract, grant, or subgrant; and b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency regarding such transactions. Section 1515(b) further provides that nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of an inspector general. The ARRA requires that the Contractor report monthly employment information for its firm as well as that of all of its subcontractors. The Contractor, similarly, shall include this reporting requirement in all of its subcontracts. Failing to include the requirement in agreements with subcontractors can serve as grounds for contract termination. Form FHWA-1589, Monthly Employment Report, promulgated by the Federal Highway Administration (FHWA), captures the necessary monthly employment information and shall be AFA-LPAFA_NonConstruction.doc Page 3 of 6 Revised 12/11/2009 CS1 # 0916-00-054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 submitted by the Contractor on a regular basis to the LG (Local Government). It is the responsibility of the LG to obtain this form from the prime Contractor and any subcontractors and, the LG shall verify the accuracy, completeness, and reasonableness of the data contained in the form. The LG shall ensure that this form is submitted by the LG to the State according to the policies and at the direction of the State. In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to the State all information requested by the State, including data or information in possession of contractors and subcontractors for completing other necessary reporting forms, and the information shall be submitted in the manner required and according to all due dates as set by the State. Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have authority to examine the records of the contractor, subcontractor, or local agencies relating to the project at any time. i. Whenever funds from the American Recovery and Reinvestment Act of 2009 (ARRA) are distributed to the Local Governments, the Local Governments must complete its Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC), as required by OMB Circular A-133, and separately identify any ARRA expenditures for Federal Awards. j. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to any parties. 4. Notices All notices to all parties by the other parties under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following add resses: Local Government: City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 State: Director of Contract Services Texas Department of Transportation ] 25 E. lith Austin, Texas 78701 Local Government: San Patricio County 400 West Sinton #109 Sinton Texas 78387 Local Government: Nueces County 901 Leopard Street Corpus Christi, Texas 78401 All notices shall be deemed given on the date delivered or deposited in the mail. All parties may change the above address by sending written notice of the change to all other parties. All parties AFA-LPAFA_Nonconstruction.doc Page 4of6 Revised 12/11/2009 CS.1 # 0916-00-054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 may request in writing that notices shall be delivered personally or by certified U.S. mail, and the request shall be carried out by all other parties. 5. Termination Termination of this LPAFA-NonCST shall be under the conditions as stated in the Master Agreements, without exception. 6. Amendments Amendments to this LPAFA-NonCST shall be made as described in the Master Agreements, without exception. 7. Document and Information Exchange The State agrees to electronically deliver to the local governments as requested any general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the local governments, the Local Governments will use the State's document template. The Local Governments shall also provide a detailed project time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Governments creates the documents with its own forces or by hiring a consultant or professional provider. 8. Incorporation of Master Agreement Provisions This LPAFA Non -CST incorporates all of the governing provisions of the Master Funding Agreements in effect on the date of final execution of this LPAFA Non -CST, unless an exception has been made in this agreement. 9. Debarment 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 Governments certifies that it is not 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. AFA-L PAFA_NonConstruction. doc Page 5 of 6 Revised 12/11/2009 CSJ # 0916-00-054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 10. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this LPAFA- NonCST on behalf of the entity represented. THEREFORE, the parties have executed this LPAFA-NonCST in quadruplicate originals. The City of Corpus Christi Nueces County Name Name Printed Name and Title Printed Name and Title Date Date San Patricia County Name Printed Name and Title Date Approved as to Legal farm: ILI` 1D Veronica Ocanes Assistant City Attorney For City Attorney THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Janice Muilenix, Director of Contract Services Texas Department of Transportation Date AFA-LPAFA NonConstruction.doc Page 6 of 6 Revised 12/11/2009 CSJ # 0916-00-054 District # 016 Code Chart 64 409800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 ATTACHMENT A Resolutions or Ordinances Page 1 of 1 Attachment A CSJ # 0916-00-054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 ATTACHMENT B SCOPE OF WORD( The State will prepare a feasibility study for the Corpus Christi South Loop project through a consultant contract using surface transportation project fund (category 7) with the local governments providing the required match. This project is a two year project which requires the locals to commit funding. The expected deliverables of the project are as follows: The feasibility study would: • Determine the purpose and need of the Southside Mobility Corridor and whether it merits further consideration; • Develop an evaluation criteria for analyzing the various corridor alternatives including the "no build" option; • Determine the logical termini, to include the identification of "segments of independent utility" with prioritization; • Define an alignment versus the broad swath currently under consideration; • Identify the impact of the alignment on current and planned development; • Identify economic development opportunities in the corridor area; • Detail benefits of improved emergency evacuation opportunities for both counties; • Detail benefits of Nueces River crossing with improved elevation; • Prepare an alignment to be presented to the TxDOT Commission for consideration of incorporating the corridor into the state system thereby, making the corridor eligible for future state and federal funding; • Provide opportunities for public comments and suggestions on a preferred alignment; • Develop an implementation plan that clearly identifies the recommended future actions with a corresponding timeline; and • Use the corridor alternative study to determine total costs for each corridor alternative. Page 1 of 1 Attachment B CSJ # 0916-00-054 ATTACHMENT C PROJECT BUDGET The following are estimated Project costs and their allocation between the parties. 0 v 0 car r 0 a a a co 0 a 0 0 a o FR co 0 v 0 a a 0 co fA 0 0 a a a a 67, m • 2 a 0 0 0 v 0 8 tor O 0 0 0 0 00 N a 0 C7 69 O CO 0 a 0 a Attachment C 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: June 29 2010 AGENDA ITEM: Resolution authorizing the City Manager or his designee to enter into a Local Project Advance Funding Agreement for Non -Construction (LPAFA-NonCST) with the Texas Department of Transportation in the amount of $112,000 for the Southside Mobility Corridor Feasibility Study for a term of two years. (BOND ISSUE 2004) Amount Certified: $112,000.00 Fund Name Bond 2004-TXDOT Participation Total Account No. 550950 Certification Not Required Fund No. 3544 Org. No. 00000 Project No. E10077 Amount $112,000.00 $112,000.00 Director of Financial Services Date: - a Lr- r HAHOMElRschelIMGEMSlreets1E10077-SS Mobility Corridor Feasibility S(udyVt000da Cover.doc