HomeMy WebLinkAboutC2011-125 - 4/26/2011 - ApprovedCS7 # 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
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For A
Hazard EliminationlSafety 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 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 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 Go ernment has approved entering into this
Agreement by resolution or ordinance dated art z ;- 7 011_ , which is attached to
and made a part of this agreement as Attach menf "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;
2011 -125
Res. 029039
04/26/11
Page 1 of 12
Revised 03/01111
TXDOT INDEXED
CSJ # 1069 -01 -031
District # 16 — Co us Christi
Code Chart 64 # 09800
Project: Installation of Traffic Signal
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
"Cu, 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 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
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
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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
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 all 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 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 Transportatiion 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. 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.
1. 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 §115.52, 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 03/01/11
e
CSr # 10691069 -01 -031 -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.
O, The Local Government is authorized to submit requests for reimbursement 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 reduce as a result the State shall have no responsibility to reimbUrse,the
Local Government for those coats.
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;
& 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 Project 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
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C5J # 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
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.
S. 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 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.
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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 funded contracts, the parties to this Agreement will comply with federal
construction requirements cited in 23 CFR Part 636 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
Thee 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 Revisod 03101111
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
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. I P 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 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.
AFA -AFA LongGen Page 7 of 12 Revised 03/01/11
CSJ 0 1069 -01 -031
District #f 16 -- Co us Christi
Code Chart 64 #1 09800
Project: Installation of Traffic Sip-nal.
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 f=orm (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 Eprt
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).
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.
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CSJ # 1069 -01 -031
District # 16 — CgMus.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 carry 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 that it will not do
business with anv Partv_that is curre debarred, suspended, or otherwise exclu
from or ineligible for partici in Fede 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.
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
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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
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
- '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 f=orm -LLL, "Disclosure f=orm 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 parties affirm this lobbying certification with respect to
the individual projects and affirm this certification of the material representation of facts
upon which 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. goo .ciov120101pdf12010- 22705.pdf and
http://edocket.access.gr)o.gov/2010/odf/2010-22706.pd f
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.bpn.gov/ccr/default.aspx ;
2. Obtain and provide to the State and the Federal government, a Data Universal
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CSJ # 1069 -01 -031
District # 16. Corpus Christi
Code Chart 64 # 09800
Project: Installation of Traffic Siena1
Federal Highway Administration
CFDA # 20.245
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 entities required to
do so by visiting the Dun & Bradstreet (D &B) on -line registration website
http://fedqov.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
(ii.) 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) and/or 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 Viraie.1Rodriauez0TxDOT.aov,
C. If expenditures are less than $500,000 during the Local Government's fiscal year
ending, the Local Government must submit ar 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
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
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
Name
V�am�-e, L Ro
Printed Nabe
TAU' rim Ma f�a_
Title
41 11
proved as to Legal to -�
Veronica Oca
Assistant City Attomey
For City Attorney
Date
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.
4
J e MulleniX"1��
actor of Contract Services
exas Department of Transportation 87
2n .'&o 0 1 2.D
Dat
spt
AFA- AFA ,LongGen Page 12 of 12 Revised 03/01/11
CSi #J 0
District # 16 — Coy us Christi
Code Chart 64 # 09800
Project: Installation-of Traffic Sim
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT A
RESOLUTION OR ORDINANCE
Page 1 of 1 Attachment A
Page 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:
/1�cAre
Armando Chapa, Ci Secretary
CITY OF CP�RPUS CHRISTI
Joe Ad me, Mayor
APPROVED AS TO LEGAL FORM: 04 -Apr -11
Nv\kk t�
Veronica Ocanas
Assistant City Attorney
For City Attorney
0290 -9
H:1LEG- DIRIVeronica011.ENG11 ..... AGENDA IT E M S1201110426111042611 RESO LPAFA Hazard Efim-
Safety Project (Traffic Signals) Saratoga & Patti Drive.docx
Attachment "A"
I
Page 2 of 2
Corpus Christi, Texas
�_ day of ' 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
029439
H:1LEG- DIRIVeronica011.ENG11 ..... A G E N D A ITEM 51201110426111042611 RESO LPAFA Hazard Elim-
Safety Project (Traffic Signals) Saratoga & Patti Drive.docx
CSJ # 1069 -01 -031
District # 16 — Co us Christi
Code Chart 64 # 09800
Project: Installation of Traffic Sim
.Federal Highway Administration
CFDA # 2125
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 # 09804
'Project: Installation of Traffic Signal
Federal Highway Administration
CFDA # ZO.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 all 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.
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
Total
Federal Participation
State Participation
Locai Participation
Description
Estimated
%
Cost
%
Cost
%
Cost
Cost
Right of Way
$50,000
0%
$0
100%
$50,000
0%
.$0
Environmental
$0
0%
$0
100%
$0
0%
$0
End ineering
$43,000
0%
$0
0%
$0
100%
$43,000
Construction
$130000
90%
$117,000
10%
$
0%
$0
'h7, mV t t! ma.•.
,r. F 5;' Q .' Y.SAl1
u,t, r�.t `,, . #
'. R': ::$ .l,S''
.. s ' t} O,M ��
r t s,,, ° i j :'f.':n >..4.V fi.
Engineering Phase
Direct State Costs
$2,150
90%
$1,935
10%
$215
0%
$0
5 %
Construction Phase
Direct State Costs
$18,850
90%
$16,965
10%
$1,885
0%
$0
14.5%
Indirect State, Costs
$13,826
90% $12,443
10% $1,383
0% $0
6.2%
$1�8 34
461
sf 4 0;
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