HomeMy WebLinkAboutC2010-546 - 12/14/2010 - ApprovedSTATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ # 0916 -35 -150
District # 16 - Corpus Christi
Code Chart 64 #09800
Project: Holly Road: SH 286 to
Greenwood Drive
Federal Highway Administration
CFDA #20.205
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For an Surface Transportation Program /Metropolitan Mobility Project
(Off State System)
THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of
Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ",
and the City of Corpus Christi, Texas, acting by and through its duly authorized officials, hereinafter
called the "Local Government."
WITNESSETH
WHEREAS, a Master Agreement between the Local Government and the State has been adopted
and states the general terms and conditions for transportation projects developed through this
LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 110753 that provides for
the development of, and funding for, the project described herein; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance dated 1-2 - � which is attached hereto and made a part hereof as
Attachment A, for the development o preliminary engineering and design for construction of a 4-
lane roadway and protected left turn lane with new curb and gutter and sidewalks. This specific
project is identified in the attached location map shown as Attachment B.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is
agreed as follows:
AGREEMENT
1. The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement,
without. exception.
3. Amendments to this LPAFA shall be made as described in the Master Agreement, without
exception.
4. Scope of Work.
The scope of work for this LPAFA is described as preliminary engineering and design for
construction of a 4 -lane roadway and protected left turn lane. with new curb and gutter and
2010- 540abilities Act (ADA) curb ramps, lane striping and pavement markings,
Res. 0288985tem improvements, water and wastewater improvements, removal of
12/14/10
TxDOT Page 1 of 9 Revised 09/23/2009
!HEXED
CST # 0916 -35 -15,0
District # 16 Corpus Christi
Code Chart 64 #09800
Project: Holly Road: SH 286 to
Greenwood Drive
Federal Highway Administration
CFDA ##20.205
abandoned /used driveways, and new street lighting. Location of the project is on Holly Road from
SH 286 to Greenwood Drive in Corpus Christi, Texas.
5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in
the Master Agreement, without exception.
6. Adjustment of utilities will be provided by the Local Government as required and as stated in the
Master Agreement without exception.
7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement,
without exception.
8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception.
9. Architectural and Engineering Services will be provided by the Local Government, as stated in the
Master Agreement, without exception. The Local Government is responsible for performance of
any required architectural or preliminary engineering work. The State will review and comment on
the work as required to accomplish the public purposes of the Local Government, The State will
cooperate fully with the Local Government in accomplishing these local public purposes to the
degree permitted by State and Federal law. The engineering plans shall also be developed in
accordance with the latest edition and revisions of the State's Roadway Design Manual or the
American Association of State Highway and Transportation Officials uA Policy on Geometric
Design of Highways and Streets."
10. Construction Responsibilities NOT APPLICABLE.
11. Project Maintenance NOT APPLICABLE.
12. Local Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. 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.
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 Govemment 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..
AFA-- LPAFA — OffSys Page 2 of 9 . Revised 09/23/2009
CSJ # 0916-35-150.
District # 16 Corpus Christi
Code Chart 64 409800
Project: Holly Road: SH 286 to
Greenwood Drive
Federal Highway Administration
CFDA #20.205
b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. The Local Government is responsible for all non-federal and non -state funding, including all
project cost overruns, unless provided for through amendment of this agreement.
d. 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 costs.
e. 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.
f. 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 by the State to the Project. If, after final Project accounting, excess funds remain in
the escrow account, those funds may be applied by the State to Local Government's
contractual obligations to the State under another advance funding agreement.
g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or replats, result in increased casts,
then any increased costs associated with the ordinances or changes will be paid by the local
government. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities_
h. 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 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,
i. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -802,
ensuring that the single audit report includes the coverage stipulated in OMB Circular A-11 33.
j. Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used and the
Local Government is performing any work either directly or through a contractor, it must
comply with the following provisions. If a Local ..Government is receiving ARRA funds, but is
AFA LPAFA`OffSys Rage 3 of 9 Revised 09/2312009
CSJ # 0916 -35 -150
District # 16 - Corpus Christi
Code Chart 64 409800
Project: Holly Road: SH 286 to
Greenwood Drive
Federal Highway Administration
CFDA #20.205
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 agency 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
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 FHW.A and ARRA reporting requirements, the LG shall provide to
the State all information requested by the State, including data or information in possession of
AFA _- LPAFA_OfFSys page 4 of 9 Revised 09/23/2009
CSJ # 0915 -35 -150
District # 16 -- Corpus Christi
Code Chart. 64 #09800
Project: Holly Road:_ SH 286 to
Greenwood Drive
Federal Highway Administration
CFDA #20.205
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
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 agency relating to
the project at any time.
k. Whenever funds from the American Recovery and Reinvestment Act of 2009 (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.
I. 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.
13. Document and Information Exchange. The Local Government agrees to electronically deliver to
the State all general notes, specifications, contract provision requirements and related
documentation in a Microsoft Word or similar document. If requested by the State, the Local
Government will use the State's document template. The Local Government shall also provide a
detailed construction time estimate including types of activities and month in the format required
by the State. This requirement applies whether the Local Government creates the documents
with its own forces or by hiring a consultant or professional provider. At the request of the State,
the Local Government shall submit any information required by the State in the format directed by
the State.
14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing
provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final
execution of this LPAFA, unless such MAFA provision is specifically excepted herein.
15. 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.
16. 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 Government certifies that it is not currently debarred, suspended, or
otherwise excluded from or ineligible for participation in Federal Assistance Programs under
AFA— LPAFA OffSys Page 5 of 9 Revised 09/2312009
CSJ # 0916-35-15.0
District # 16 -. Corpus Christi
Code Chart 64 #09800
Project: Holly Road: SH 286 to
Greenwood Drive
Federal Highway Administration
CFDA #20.205
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.
17. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts. (l + `��.
1 AUTHORIZE6
THE LOCAL GOVERNMENT BY ccat}rM.._1��.�`��
By:
(Sig to e r AppiiH�A�—
Name: Ci7�G1r ,!
Title: Veronica Qcanas
Assistant City Attorney
Date: E 0 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.
• - j
By.
Mullenix
Jnice
ector of Contract Services
xas Department of Transportation
Date:
1
AFA— LPAFA_OffSys Page 6 of 9 Revised 09/23/2009
CS3 # 0916-35-150
District # 16 Corpus Christi
Code Chart 64 #09800
Project: Holly Road: SH 286 to
Greenwood Drive
Federal Highway Administration
CFDA #20.205
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
AFA-- LPAFA — OffSys Page 7 of 9
Revised 09/23/2009
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A LOCAL PROJECT ADVANCE FUNDING
AGREEMENT FOR CONSTRUCTION (LPAFA -CST) WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT
OF $4,080 FOR THE DESIGN OF THE HOLLY ROAD
IMPROVEMENTS FROM SH 286 TO GREENWOOD DRIVE
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 Construction (LPAFA -CST) with the
Texas Department of Transportation in the amount of $4,0180 for the Design of the
Holly Road Improvements from SH 286 to Greenwood Drive.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Joe A me���� �
Mayor
APPROVED AS TO FORM: 21- Oct -10
ell
By: v
Veronica Ocarlas
Assistant City Attorney
For City Attorney
HALEG- 13IR1VeranicaOl11.E;NG11 .:... A G E N D A IT Ew M 511411116101111610 RESO TXDOT LPAFA CST $4,080 INDUEV
Design Holly Rd.dacx
1 OF 2
1
j Corpus Christi, Texas
' 2010
The above resolution was passed by the following vote:
' Joe Adame
Chris N. Adler
f Larry R. Elizondo, Sr. Amt _
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
. r •
Resolution Vote Sheet.doc
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
I, the Director of Financial Services of 1he 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: December 14. 2010,
AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute a Local Project Advance
Funding Agreement for Construction (LPAFA -CST) with the Texas Department of Transportation in the amount
-of $4,080 for the design of the Holly Road Improvements from SH 266 to Greenwood Drive.
Amount Certified: $4,080.00
Fund Name
Account No.
Fund No.
Or g. No.
Project No.
Amount
Bond Issue 2004 Future TXDOT
Participation
6609106
00000
200666
$4,080.00
otal
$4,080.00
% `11 certification Not Required
Director of Financial S is s
Date: rn
H :SHOMEIVelmoP40EUITXOO'nVAR10U$ AFMI AGENDA CCVER.doc
CSJ # 0916 -35 -150
District 4.15 - Corpus Christi
Code Chart 64 #09800
Project: Holly Road: SH 286 to
Greenwood Drive
Federal Highway Administration
CFDA #;`20.205
ATTACHMENT B
PROJECT LOCATION MAP
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CSJ 0916 -35 -150
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Begin Project 1
CSJ 0916 -35 -150 J
AFA LPAFA_OffSys Page 8 of 9 Revised 09/23/2009
CSJ # 0916 -35 -150
District # 16 — Corpus Christi
Code Chart 64 #09800
Project: Holly Road: SH 286 to
Greenwood Drive
Federal Highway Administration
CFDA #20.205
ATTACHMENT C
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
Description
Total
Federal
State
Local
Estimate
Participation
Participation
Participation
Cost
80%
EDC
Prior to
EDC
Actual
Adjustment
EDC
Adjustment
Participation
61.5 %a { +]
(20 %)
61.5% ( -)
Preliminary Engineering
680,000
544,000
136,000
136,000
SUBTOTAL
680,000
544,000
0
136,000
0
136,000
Direct State Costs (including plan
20,400
16,320
0
4,080
0
4,080
review, inspection and oversight)
Indirect State Costs (no local
0
0
0
0
0
0
participation required except for
service projects)
TOTAL
700,400
560,320
0
140,080
0
140,080
First Payment due prior to PS &E by
0
State
N/A
Second payment due 60 days prior to
N/A
0
the pro ect lettin
Total participation required from the Local Government (20 %) $140,080
AFA— LPAFA_OffSys Page 9 of 9 Revised 09/23/2009