HomeMy WebLinkAbout029435 RES - 04/10/2012Resolution authorizing the City Manager, or designee, to execute an
Advance Funding Agreement with the Texas Department of
Transportation (TXDOT) for installation of additional box culverts,
relocation of signals, and widening roadway at the intersection of
State Highway 357 (Rodd Field Road) and Williams Drive for the
Williams Drive Phase 1 from Rodd Field Road to Nile Drive (Bond
Issue 2008) with the City's participation in the amount of $8,562.
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 an Advance
Funding Agreement with the Texas Department of Transportation (TXDOT) for
installation of additional box culverts, relocation of signals, and widening roadway at the
intersection of State Highway 357 (Rodd Field Road) and Williams Drive for the
Williams Drive Phase 1 from Rodd Field Road to Nile Drive (Bond Issue 2008).with the
City's participation in the amount of $8,562.
Section 2. The City Manager or designee is authorized to execute all related
documents necessary to administer said AFA, including minor amendments thereto.
Armando Chapa
City Secretary
AP ROVED A TO F RM: 09 -Mar -12
_
Veronica Ocanas
Assistant City Attorney
for City Attorney
THE CITY OF CORPUS CHRISTI
Joe Act�me
Mayor
J:11.ENG11 AGENDA ITEM S112\0410121041012 RESO AFAbox culverts, relocation of
signals, widening HWY 357 (Rodd Field Rd.) and Williams.docx
029435
INDEXED
Corpus Christi, Texas
10'1IN of Arii
, 2012
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Kelley Allen
Larry Elizondo, Sr.
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scottcue
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Out
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J:11. ENG11 AGENDA, [TEM S\12\041012\041012 RESO AFAbox culverts, relocation of
signals, widening HWY 357 (Rodd Field Rd.) and Williams.docx
029435
CSJ # 1069-01-033
District # 16 — Corpus Christi
Code Chart 64 # 09800
Project: Widen Intersection
Federal Highway Administration
CFDA # 20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For A
Urban Area (Non -TMA) Corridor Projects
(Drainage improvements)
On -System
THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas
Department of Transportation called the "State", and the City of Corpus Christi, acting by and
through its duly authorized officials, called the "Local Government."
WITNESSETH
WHEREAS, 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 Number 112943,
authorizing the State to undertake and complete a highway improvement generally described as
construct drainage improvements on SH 357 called the "Project"; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this
agreement by resolution or ordinance dated , 20_, which is attached to and
made a part of this agreement as Attachment "A" for the improvement covered by this agreement.
A map showing the Project location appears in Attachment "B," which is attached to and made a
part of this agreement.
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:
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District # 16 — Corpus Christi
Code Chart 64 # 09800
Project: Widen Intersection
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
Install additional box culverts, relocate signals and widen roadway at the intersection of SH
357 and Williams Drive, 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 federal spending
authority is formally obligated to the Project by the Federal Highway Administration. After
federal funds have been obligated, the State will send to the Local Government a copy of
the formal documentation showing the obligation of funds including federal award
information. The Local Government is responsible for 100% of the cost of any work
performed under its direction or control before the federal spending authority is formally
obligated.
B. 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 reimbursement if the Local Government has not designated a
qualified individual to oversee the Project.
C. 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.
D. 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 Government
is due funds for expenses incurred, these funds will be reimbursed to the Local
Government on a cost basis.
E. The Local Government will be responsible for all non-federal or non -state participation
costs associated with the Project, including any overruns in excess of the approved local
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Federal Highway Administration
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Not Research and Development
project budget unless otherwise provided for in this agreement or approved otherwise in an
amendment to this agreement.
F. 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.
G. 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.
H. 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.
1. 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. If, after final Project accounting, excess funds remain in the escrow
account, those funds may be applied by the State to the Local Government's contractual
obligations to the State under another advance funding agreement with approval by
appropriate personnel of the Local Government.
J. The State will not pay interest on any funds provided by the Local Government.
K. 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.
L. 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.
M. 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.
N. The state auditor may conduct an audit or investigation of any entity receiving funds from
the State directly under this contract or indirectly through a subcontract under this contract.
Acceptance of funds directly under this contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, under the direction of
the legislative audit committee, to conduct an audit or investigation in connection with those
funds. An entity that is the subject of an audit or investigation must provide the state
auditor with access to any information the state auditor considers relevant to the
investigation or audit.
0. 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.
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Federal Highway Administration
CFDA # 20.205
Not Research and Development
P. The Local Government is authorized to submit requests for reimbursement by submitting
the original of an itemized invoice in a form and containing all items required by the State
no more frequently than monthly, and no later than ninety (90) days after costs are
incurred. If the Local Government submits invoices more than ninety (90) days after the
costs are incurred, and if federal funding is reduced as a result, the State shall have no
responsibility to reimburse the Local Government for those costs.
Q. 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;
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; or
D. 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.
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 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 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.
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District # 16 — Cornus Christi
Code Chart 64 # 09800
Project: Widen Intersection
Federal Highway Administration
CFDA # 20.205
Not Research and Development
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 Local Government 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 Local Government'Is responsible for the cost of any environmental problem's
mitigation and remediation.
C. The Local Government 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 Local Government is responsible for the preparation of the NEPA documents required
for the environmental clearance of this Project.
E. Before the advertisement for bids, the Local Government shall provide to the State written
documentation from the appropriate regulatory agency or agencies that all environmental
clearances have been obtained.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this agreement shall ensure that the plans for and the construction of all 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. Professional 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 Local Government 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
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District # 16 — Coraus Christi
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Federal Highway Administration
CFDA # 20.205
Not Research and Development
work orders that 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 Local Government will use its approved contract letting and award procedures to let
and award the construction contract.
C. Prior to their execution, the State will be given the opportunity to review and approve
contract change orders.
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 maintenance of locally owned roads after
completion of the work and the State shall be responsible for maintenance of state highway
system after completion of the work if the work was on the state highway system, unless
otherwise provided for in existing maintenance agreements with the Local Government.
13. Right of Way and Real Property
The Local Government 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:
Local Government:
City of Corpus Christi
Attn: City Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
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.
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District # 16 — Corpus Christi
Code Chart 64 # 09800
Project: Widen Intersection
Federal Highway Administration
CFDA # 20.205
Not Research and Development
15. 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, 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. 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 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.
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
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District # 16 — Corpus Christi
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Federal Highway Administration
CFDA # 20.205
Not Research and Development
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. Civil Rights Compliance
The Local Government shall comply with the regulations of the United States Department of
Transportation as they relate to non-discrimination (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).
24. Disadvantaged Business Enterprise (DBE) Program Requirements
A. The parties shall comply with the Disadvantaged Business Enterprise 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 shall 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 shall 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.ciov/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 non-discrimination 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 LPAFA. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this LPAFA.
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 18 U.S.C. 1001 and the Program
Fraud Civil Remedies Act of 1986 (31 U.S.C. 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 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 carry out these requirements is a material
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District # 16 -- Corpus Christi
Code Chart 64 # 09800
Project: Widen Intersection
Federal Highway Administration
CFDA # 20.205
Not Research and Development
breach of this agreement, which may result in the termination of this agreement or such
other remedy as the recipient deems appropriate.
25. 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 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.
26. 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.
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, subgrants, 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 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.
27. 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
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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.
28. 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: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and
http:l/edocket. access.q po.aov/2010/pdf/2010-22706. pdf.
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
(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: https://www.bpn.gov/ccr/default.aspx;
2. Obtain and provide to the State and the Federal government, a Data Universal
Numbering System (DUNS) number, a unique nine -character number that allows
Federal government to track the distribution of federal money. The DUNS may be
requested free of charge for all businesses and entities required to do so by visiting the
Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform;
and
3. Report the total compensation and names of its top executives to the State and Federal
government if:
1. More than 80% of annual gross revenues are from the Federal government, and
those revenues are greater than $25,000,000 annually; and
ii. Compensation information is not already available through reporting to the U.S.
Securities and Exchange Commission (SEC).
29. 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 TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact
TxDOT's Audit Office at http:l/www.txdot.gov/contact us/audit.htm.
C. If expenditures are Tess than $500,000 during the Local Government's fiscal year, 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 ."
D. For each year the project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above. The
required annual filing shall extend throughout the life of the agreement, unless otherwise
amended or the project has been formally closed out and no charges have been incurred
within the current fiscal year.
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Code Chart 64 # 09800
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Federal Highway Administration
CFDA # 20.205
Not Research and Development
30. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
Date
THE STATE OF TEXAS
Janice Mullenix
Director of Contract Services
Texas Department of Transportation
Date
AFA-AFA_LongGen
Approved as to Legal form:✓ �Z
I
LL -5;
Veronica Ocanas
Assistant City Attorney
For City Attorney
Page 11 of 11 Revised 05/06/2011
CSJ # 1069-01-033
District # 16 — Corpus Christi
Code Chart 64 # 09800
Project: Widen Intersection
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT A
RESOLUTION OR ORDINANCE
AFA-AFA_LongGen Page 1 of 1 Attachment A
CSJ # 1069-01-033
District # 16 - Corpus Christi
Code Chart 64 # 09800
Project: Widen Intersection
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT B - LOCATION MAP SHOWING PROJECT
#\coundllexh\axh6466C.d
LOCATION MAP
NOT TO SCALE
PROJECT #6466
WILLIAMS DRIVE, PHASE 1
FROM RODD FIELD ROAD TO NILE DRIVE
CITY COUNCIL EXHIBIT
CITY of CORPUS CHRIS?, 7EX4S
°ER4 MENr Cf ENOINONO SERVICES
PAGE: 1 of 1 s
AFA-AFA_LongGen
Page 1of1
Attachment B
CSJI# 1069-01-033
District # 16 -- Corpus Christi
Code Chart 64 # 09800
Project: Widen Intersection
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT C - PROJECT BUDGET
Description.
Total 'Federal
Estimated Participation
cost
State Participation • Local P
`cit
cost
Engineering/
Environmental
(by Local Government)
$ 57,146.00
0%
$0
0%
$0
100%
$ 57,146.00
Construction
(by Local Government)
Construction Engineering
(by Local Government)
Subtotal
$ 282,905.00
$0 0%
$0
100%
$ 282,905.00
$ 20,695.00
0%
$0
$0
100%
$ 20,695.00
Direct State
Costs for
Preliminary
Engineering
$6,286.00
Environ.
Direct State
Costs
(20%)
$ 1,257.00
$0.
0%
$0
0%
$o
100%
360;7467,00
$ 1,257.00
Right of
Way Direct
State Costs
(20%)
$ 1,257.00
0%
$0 0%
$0
100%
$ 1,257.00
Engineering
Direct State
Costs
(40%)
$ 2,515.00
0%
$0 0%
$0
100%
$ 2,515.00
Utility Direct
State Costs
(20%)
$ 1,257.00
0%
$0 0%
$0 • I100%
$ 1,257.00
Construction Direct State
Costs
Indirect State Costs
(7.27%)
Subtotal
`l" OTAL .
$ 2,276.00
$0
$ 26,226.00
°P0%
$0
100%
•
$0
100%
$ 2,276.00
$ 26,226.00 "0%
$0
395,534.00
Initial payment by the Local Government to the State: $ 6,286.00.
Payment by the Local Government to the State before construction: $ 2,276.00.
Estimated total payment by the Local Government to the State $ 8,562.00.
This is an estimate. The final amount of Local Government participation will be based on actual
costs.
AFA-AFA_LongGen Page 1 of 1
Attachment C
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
)'rectorof Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
resentative), hereby certify to the City Council and other appropriate officers that the money required for the
rrent'fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the
asury to the:'credit of the Fund specified below, from which it is to be drawn, and has not been appropriated
�y other purpose. Future payments are subject to annual appropriation by the City Council.
tura Agenda Item- Council Meeting Date: March 27, 2012
ion Item Council Meeting Date: April 10, 2012
en a. Caption: Resolution authorizing the City Manager, or designee, to execute an Advance Funding
agreement with: the Texas Department of Transportation (TXDOT) for installation of additional box culverts,
ocation of signals, and widening roadway at the intersection of State Highway 357 (Rodd Field Road) and
/barns :Drive for the Williams Drive Phase 1 from Rodd Field Road to Nile Drive (Bond Issue 2008) with the
rarticipation in -the amount of $8,562.
bunt Required: $6.286.00 (initial payment by the City to TXDOT)
$2,276.00 (final payment by the City before construction)
Fund Name
treat C I P
E,.
ification Not Required
Account No.
550910
Fund No.
3546
Ih rl .2-i
Org. No.
00000
Project No.
170323
Director of Financial Services
Date: I -(
, 2012
K \ENGINEERING DATAEXCHANGE\VELMAP\STREET46466 WILLIAMS DRLVE\TXDOT ADVANCE FUNDING AGREEMENT11 AGENDA ITEM MEMO.DOCX
Amount
$8,562.00
$8, 562.00