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HomeMy WebLinkAbout029039 RES - 04/26/2011Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR A HAZARD ELIMINATION/SAFETY PROJECT (TRAFFIC SIGNALS) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF SH 357 (SARATOGA BOULEVARD) AND PATTI DRIVE, WITH CITY PARTICIPATION COSTS FOR ENGINEERING DESIGN SERVICES IN THE AMOUNT OF $43,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute a Local Project Advance Funding Agreement for a Hazard Elimination/Safety Project (Traffic Signals) with the Texas Department of Transportation for the installation of traffic signals at the intersection of SH 357 (Saratoga Boulevard) and Patti Drive, with City participation costs for engineering design services in the amount of $43,000. ATTEST: Armando Chapa, Ci Secretary retary APPROVED AS TO LEGAL FORM: 04 -Apr -11 AktilAA‘ Veronica Ocanas Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI nel Joe Ad rne, Mayor 020039 H:1LEG-DIRIVeronica011.ENG11 AGENDA ITEM S12011\042811\042611 RESO LPAFA Hazard Elim - Safety Project (Traffic Signals) Saratoga & Patti Drive.docx INDEXED Corpus Christi, Texas dayof F , 2011. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong AbseAd- 2Adf_ 74-74J-I‘F 029039 Page 2 of 2 H:ILEG-DIR\Veronica011.ENG11 AGENDA ITEM S12011\0426111042611 RESO LPAFA Hazard E]im- Safety Project (Traffic Signals) Saratoga & Patti Drive.docx . STATE OF TEXAS COUNTY OF TRAVIS CSJ # 1069-01-031 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: itjtallation of Trac Signal Federal Highway Administration CFDA # 20205, Not Research and Development § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT ForA Hazard EtiminatlonlSafety Project (Traffic Signals) On -System THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation tailed the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 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, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order 112237, authorizing the State to undertake and complete a highway improvement generally described as the installation of a traffic signal system at SH 357 and Patti Dr. In the City of Corpus Christi; and, WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance dated , which is attached to and made a part of this agreement as Attachment "A" for construction of traffic signals at the location shown on the Map, which is attached to and made a part of this agreement as Attachment "B" referred to as the Project. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this agreement, it is agreed as follows: AFA AFA LongGen Page 1 of 12 Revised 03101/11 CSJ # 1069-01-031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Sir � Federal Highway Administration CFDA # 20.205 Not Research and Development 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 Project is - completed or unless terminated as provided below. 2. Scope of work The installation of a traffic signal at the intersection of SH 357 and Patti Drive in the City of Corpus Christi, as shown on Attachment "B". 3. Local Project Sources and Uses of Funds A. The' total estimated• cost of the Project is shown in the Project Budget - Attachment "C", which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Governments, or other parties is shown In Attachment "C". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the issuance of a formal Letter of Authority by the Federal Highway Administration. After federal funds have been obligated. the State will send to It Local Govemment a copy of the formal doc_umentation showina the cbliaation_of funds including federal awarcj information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the Federal. Letter of Authority is formally issued. 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 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 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 reimbursement if the Local Government has not designated a qualified individual to oversee the Project. B. This Project cost estimate shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. C. The State will be responsible for securing the Federal. and State share of the funding required for the development and construction of the local Project. If the Local AFA-AFA LongGen Page 2 of 12 Revised 031011'1 1 CSI # 1069-01-031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Siig Federal Highway Administration CFDA # 20.205 Not Research and Development Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. D. The Local Government will be responsible for ail non-federal or non -state participation costs associated with the Project, including any overruns in excess of the approved local project budget unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in.Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the Project. 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 cost. F. In the event that the State determines that additional funding by the Local Government is required at anytime 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. G. 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 to,the State Project. H. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. lf, 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. I. The State will not pay interest on any funds provided by the Local Government. J If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local Project, unless this Agreement is terminated at the request of the Local Government prior to completion of the Project. K. 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. L. If the Local government is an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. M. 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 AFA-AFA_LongGen Page 3 of 12 Revised 03101/11 CSJ # 1069-01-031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development 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. N. 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 either party. 0. The Local Government is authorized to submit requests for reimbursement no later than ninety (90) days after costs are incurred, jf the Local Government submits invoice more than ninety (90) dans after the costs are incurred. and if federal funding i res It the Sta s ve to res onsibil . • reei b u l: Local Government for those costs. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. 4. Termination of this Agreement 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. Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for Its reasonable actual costs incurred during the Project. D. The Proiect is inactive for 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. 5. Amendments Amendments to this Agreement due to changes in'the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This Agreement shall 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. 7. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be AFA AFA LongGen Page 4 of 12 Revised 03101/11 CSJ # 1069-01-031 District # 16 — Corpus Christi Code Chart 64 # 09$00 Project: Installation of Traffic Siam' Federal Higliway Administration CIDA # 20.205 Not Research and Development reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. A. The State is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. B. The State is responsible for the cost of any environmental problem's mitigation and remediation. C. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. D. The State is responsible for the preparation of the NEPA documents required for the environmental clearance of this Project. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of ail projects subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. in procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. AFA-AFA LongGen Page 5 of 12 Revised 03101/11 CSJ # 1069-01-031 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for Issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. The State will use its approved contract letting and award procedures to let and award the construction contract. C. Prior to their execution, the Local Government will be given the opportunity to review contract change orders that will result in an Increase in cost to the Local Government. D. • Upon completion of the Project, the party constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. E. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding •documents. if force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Government shall be responsible for the operation and maintenance of the traffic signal system, including the maintenance and replacement of drivers, LED modules, fixtures, conductors, cable, conduit, providing and funding electrical service, materials, equipment, labor, tools and incidentals necessary to provide a functional traffic signal system, after construction is complete and the system is operational, 13. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. - 14. 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, addressed to such party at the following addresses: AFA AFA LongGen Page 6 of 12 Revised 03101/11 CSJ # 1069-01-031 District # 16 -- Corpus Christi Code Chart 64 # 09800 Project: Jnatallation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development Local Government: City of Corpus Christi Attn: Mayor P.O. Box 9277 Corpus Christi, Texas 78469 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so 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 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. 15. Legal Construction If ane or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such 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. 16. 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. 17.. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. Ail data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All document$ produced or approved or otherwise created by the Local Government shall 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 shall submit any information required by the State in the format directed by the State. 18. 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. AFA-AFA LongGen Page 7 of 12 Revised 03/01/11 CSJ # 1069-01-031 District # 16 -- Corpusl Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development 19. 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 Agreement's subject matter. 20. 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. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the inspector General, 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 contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the 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. 23. Office of Management and Budget (OMB) Audit Requirements 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. Whenever funds from the American ARRA are distributed to a Local Government, the Local Government 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. 24. Civil Rights Compliance The Local Government shall comply with the regulations of the Department of Transportation as they relate to non-discrimination (49 CFR Par 21 and 23 CFR Ext 2Q), 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). 25. Disadvantaged Business Enterprise (DBE) Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. AFA AFA LongGen Page 8 of 12 Revised 03101//1 CSJ # 1069-01-031 District # 16 — Corpus.Christi Code Chart 64 # 09800 Project Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development A. Each financial assistance agreement signed by the Local Government and a DOT operating administration (or a primary recipient) must include the following assurance: The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure non-discrimination in the award and administration of DOT -assisted contracts. The recipient'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 recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). B. 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 origin, 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 cant' out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 26. Debarment Certifications 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 thatit will no nitsig business with any party that is currently debarred. suspended. or otherwise excluded from or ineliaible for participation in Federal si tance Proomms under Executive Order 12_549. 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. 27. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her 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 AFA AFA LongGen Page 9 of 12 Revised 03101/11 CSJ # 1069-01-031 District # 16 -- Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Sign, l Federal Highway Administration CFDA # 2.0.205 Not Research and. Development 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. C. The parties shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. By executing this Agreement, the partes affirm this lobbying certification with respect to the Individual projects and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §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 such failure. 28. Insurance If this Agreement authorizes the Local Government or Its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way.. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 29. Federal Funding Accountability and Transparency Act Requirements A. Any recipient or sub -recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: htto://edocket.access.aoo.aov12010/odf12010-22705.orff and htto://edocket.access.aoo.aov/2010/pdf/2010 22706.01 B. For sub -awards greater than $25,000, the Local Government, as a recipient of federal funding, shall: 1. Obtain and provide to the State and the Federal government, a Central Contracting Registry (CCR) number with the Federal government (Federal Acquisition Regulation, Part 4, Sub -part 4.1100). The CCR number may be obtained by visiting the CCR website whose address is: httos://www.bon.gov/ccr/default.aspx 2. Obtain and provide to the State and the Federal government, a Data Universal AFA AFA LongGen . • Page 10 of 12 Revised 03101 /11 CS.1 # 1069-01-031 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development Numbering System or 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 entitles required to do so by visiting the Dun & Bradstreet (D&B) an -line registration website http:l/fedctov.dnb.com/webform ; and 3. Report the total compensation and names of its top executives to the State and Federal government if: (i.) More than 80% of annual gross revenues are from the Federal • government, and those revenues are greater than $25,000,000 annually; and (il.) Compensation information is not already available through reporting to the U.S.Securities and Exchange Commission (SEC). 30. Single Audit Report A. The Local Government is required to comply with federal (OMB A-133) andlar state (State of Texas Single Audit Circular) requirements. B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal year ending, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East Eleventh Street, Austin, TX 78701 or via e-mail to Virale.RodriauezeTxDQT.00v C. if expenditures are less than $500,000 during the Local Government's fiscal year ending, the Local Government must submit a statement to TxDOT's 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 " 31. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. AFA AFA LongGen Page 11 of 12 Revised 03/01/11 IN TESTIMONY HEREOF, the parties duplicate counterparts. THE LOCAL GOVERNMENT CS3 # [069-01-031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: installation of Traffic Signal Federal Highway Administration CFDA # 20,205 Not Research and Development hereto have caused these presents to be executed in Name Printed Name Title Date Approved est legalfarm:1( t\ Ver8nica Ocaiias 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-AFA LongGen Page 12 of 12 Revised 03%09/11 CSJ # 1069-01-031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20,205 Not Research and Development ATTACHMENT B LOCATION MAP SHOWING PROJECT Page 1 of 1 Attachment B CSJ # 1069-01-031 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C Project Budget Estimate and Source of Funds The installation of the traffic signal system will be funded through Category 8 HSIP Funds in the amount of $214,826. The Local Government, at no cost to the State, will be responsible for ail utility adjustments required and for maintenance and operation of the traffic signal system, including the maintenance and replacement of drivers, LED modules, fixtures, conductors, cable, conduit, providing and funding electrical service, materials, equipment, labor, tools and incidentals necessary to provide a functional traffic signal system. The cost for preliminary engineering will be the responsibility of the Local Government. The cost of right of way, environmental and construction will be the responsibility of the State. Description Total Estimated Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost Right of Way $50,000 0% $0 100% $50,000 0% . tp ` ;gyp $43,000 Environmental $0 03,000 0% 0% $0 $0 100% 0% $0 $0 0% 100% Engineering Construction ':130 000 90% $117 000 10% $13 000 0% $0 8 5i a�4�ik,'44 1kEJ1Ia' •y,!.51.tFaA: ' r ,iAn: fi;%b. S.f_!':,,V ( ' ;'5'');,J.• .ERTkR Engineering Phase Direct State Costs (5%) $2,150 90% $1,935 10% $215 0% $0 Construction Phase Direct 'State Costs (14.5%) $18,850 90% $16,965 10% $1,885 0% $0; Indirect State Costs 8•2/~ • $13,826 $12,443 10% $1,383 0% r $0 , illi`; :1'i ,.r':.;4,.;'�ai• l •:.i:1K �_,..,_.f�.'.[• 1g: I>90.;t% !Y ��r0 ; .y:3 : }[s �'�u? . �$i "� Direct State Costs will be based on actual charges. This is an estimate only. Final participation amounts will be based on actual costs. Page 1 of 1 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: April 26, 2011 AGENDA ITEM: Resolution authorizing the City Manager or designee to execute a Local Project Advance Funding Agreement for a Hazard Elimination/Safety Project (Traffic Signals) with the Texas Department of Transportation for the installation of traffic signals at the intersection of SH 357 (Saratoga Boulevard) and Patti Drive with City participation costs for engineering design services in the amount of $43,000. BOND ISSUE 2004 Amount Certified: $43,000.00 Fund Name Account No. Fund No. Org. No. Project No. Amount TXDOT 550950 3544 00000 170381 $43,000.00 _Total $43,000.00 Certification Not Required Director of Financial Services Date: 4-71- J 3 -- c H:IHOMEIVeImaP\GEN\TXDOTISARATOGA BOULEVARD & PATTi DRIVE41 AGENDA COVER.doc