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Home My WebLink AboutC2016-374 - 8/16/2016 - Approved i • • CSJ#0916-35-197 District 16 Code Chart 64# Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning&Construction CFDA No.:20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT NON-CONSTRUCTION ADVANCE FUNDING AGREEMENT for a Padre Island Mobility and Access Management Study STP-MM On System Project THIS Local Project Advance Funding Agreement for Non-Construction (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation (State), and the City of Corpus Christi (Local Government). BACKGROUND 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. Federal law establishes federally funded programs for transportation improvements to implement its public purposes, including the Padre Island Mobility and Access Management Study program. Federal and state laws require local governments to meet certain contract standards relating to the management and administration of federal and state funds. The Texas Transportation Commission passed Minute Order Number 114585, which provides for development of and funding for the Project identified in this LPAFA. The Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated 05/25/2015, which is attached to and made part of this LPAFA as Attachment A. NOW THEREFORE, the State and the Local Government agree as follows: AGREEMENT 1. Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the close of ordinary business on December 31, 2018. 2. Scope of Work The scope of work is the Project as detailed in Attachment B, which is attached to and made part of this LPAFA. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in Attachment C, which is attached and 2016-374 . The State will pay for only those Project costs that have been 8/16/16 ransportation Commission. The State and the Federal Ord. 030927 Page 1 of 9 Rev. 04/29/2016 �y TxDOT INDEXED , CSJ#0916-35-197 District 16 Code Chart 64# Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning&Construction CFDA No.:20.205 Not Research and Development Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated by the Federal Highway Administration (FHWA). 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 one hundred percent (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 and 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. The State will be responsible for securing the Federal and State share of the funding required for the Project. If the Local 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 and non-state participation costs associated with the Project. E. The State will not pay interest on any funds provided by the Local Government. F. 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. G. Whenever funds are paid by the Local Government to the State under this LPAFA, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation." The check or warrant shall be deposited by the State and managed by the State. These funds may only be applied to the Project. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. After final Project accounting if excess funds remain, 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. H. Attachment C will clearly state the approval funding structure under 43 TAC §15.52. If the Local government is an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, Attachment C will reflect those adjustments. AFA-LPAFA_NonConstruction Page 2 of 9 Rev. 04/29/2016 CSJ#0916-35-197 District 16 Code Chart 64# Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning&Construction CFDA No.:20.205 Not Research and Development I. 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. J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. 4. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: State: City of Corpus Christi Director of Contract Services Director of Engineering Texas Department of Transportation Jeffrey Edmonds P.E. 125 E. 11th Street 1201 Leopard Street, 3rd Floor Austin, Texas 78701 Corpus Christi, TX 78401 All notices shall be deemed given on the date delivered in person or 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 notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 5. Termination Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 6. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 7. 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 project time AFA-LPAFA_NonConstruction Page 3 of 9 Rev. 04/29/2016 • CSJ #0916-35-197 District 16 Code Chart 64# Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning&Construction CFDA No.:20.205 Not Research and Development estimate including types of activities and month in which the activity will be completed 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. 8. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. 9. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it and its principals are 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 any party, to include principals, 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. 10. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 11. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, the Federal Highway Administration, as they may be amended from time to time. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 45 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of AFA-LPAFA NonConstruction Page 4 of 9 Rev. 04/29/2016 • CSJ#0916-35-197 District 16 Code Chart 64# Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning&Construction CFDA No.:20.205 Not Research and Development equipment, each potential subcontractor or supplier shall be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government shall provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancellation, termination, or suspension of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (E) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance provided, however, that in the event an Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Local Government may request the Texas Department of Transportation to enter into such litigation to protect the interests of the State; and, in addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 12. 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 AFA-LPAFA_NonConstruction Page 5 of 9 Rev. 04/29/2016 CSJ # 0916-35-197 District 16 Code Chart 64# Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning&Construction CFDA No.:20.205 Not Research and Development Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. 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 breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 13. Federal Funding Accountability and Transparency Act Requirements A. Any 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://www.qpo.qov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1 . Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (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 on-line registration website http://fedqov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. AFA-LPAFA_NonConstruction Page 6 of 9 Rev. 04/29/2016 • CSJ#0916-35-197 District 16 Code Chart 64# Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning&Construction CFDA No.:20.205 Not Research and Development 14. 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 2 CFR 200. B. If threshold expenditures of$750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/inside-txdot/office/audit/contact.html. C. If expenditures are less than the threshold 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 $ 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. 15. Non-Discrimination Provisions A. Relocation Assistance: The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects. B. Disability: a. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et. Seq.), as amended, prohibits discrimination on the basis of disability; and 49 CFR Part 27. b. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by the Department of Transportation regulations at 49 C.F.R. parts 37 and 38. C. Age: The Age Discrimination Act of 1974, as amended, (42 U.S.C. § 6101 et. Seq.), prohibits discrimination on the basis of age. D. Race, Creed, Color, National Origin, or Sex: a. The Airport and Airway Improvement Act of 1982 (49 U.S.C. § 4.71, Section 4.7123), as amended, prohibits discrimination based on race, creed, color, national origin, or sex. b. The Federal Aviation Administration's Nondiscrimination state (4 U.S.C. § 47123) prohibits discrimination on the basis of race, color, national origin, and sex. c. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et. seq.), prohibits discrimination on the basis of sex. d. Title IX of the Education Amendments of 1972, as amended, prohibits discrimination because of sex in education program or activities (20 U.S.C. 1681 et. seq.). AFA-LPAFA NonConstruction Page 7 of 9 Rev. 04/29/2016 • CSJ #0916-35-197 District 16 Code Chart 64# Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning&Construction CFDA No.:20.205 Not Research and Development E. Civil Rights Restoration Act: The Civil Rights Restoration Act of 1987 (PL 100-209), Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs and activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not. F. Minority Populations: Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non- discrimination against minority and low-income populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. G. Limited English Proficiency: Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the Engineer must take reasonable steps to ensure that LEP persons have meaningful access to its programs (70 Fed. Reg. at 74087 to 74100). 16. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA-LPAFA NonConstruction Page 8 of 9 Rev. 04/29/2016 CSJ #0916-35-197 District 16 Code Chart 64# Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning&Construction CFDA No.:20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT 7h4,/ C Approved as to form?" 2b-161 Signaturedel Margie C. Rose •ssistant City Attorney Typed or Printed Name For City Attorney City Manager Title 4, 3 . 1 ATTEST:PLCA. , REBECCA HUERTA Date CITY SECRETARY THE STATE OF TEXAS ( Kenneth Stewa f Director of Contract Services Texas Department of Transportation SECRETARY 7/L// Date AFA-LPAFA NonConstruction Page 9 of 9 Rev. 04/29/2016 • . CSJ#0916-35-197 District 16 Code Chart 64# Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning&Construction CFDA No.:20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE AFA-LPAFA NonConstruction Page 1 of 1 Attachment A Ordinance appropriating $192,000 of anticipated revenues from the Texas Department of Transportation (TxDOT); authorizing the City manager or designee to execute an Advance Funding Agreement with TxDOT for an estimated local participation cost of $9,600; and execute a contract for professional services with Maldonado-Burkett Intelligent Transportation Systems, LLP (MBITS) in an amount not to exceed $239,643 for a mobility and access management study on Padre Island. (Bond 2014 Proposition 2) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to add $192,000 of anticipated revenues from the Texas Department of Transportation (TxDOT) to Project#T16260 for the Padre Island Mobility and Access Management Study (Bond 2014 Proposition 2) SECTION 2. Revenues and expenditures in the amount of $192,000 are increased in the FY 2016 Capital Improvement Budget adopted by Ordinance No 030621. SECTION 3. The City Manager or designee is authorized to execute an Advanced Funding Agreement with TxDOT that provides for a 20/80 City/Federal cost share with the estimated local participation cost of$9,600. SECTION 4. The City Manager or designee is authorized to execute a contract for professional services for the Padre Island Mobility and Access Management Study (Bond 2014) in the amount of $239,643 with Maldonado-Burkett Intelligent Transportation Systems, LLP (MBITS) of Corpus Christi, Texas. '130927 INDEXED That the foregoing ()Oil-lance was rad for the first time and passed to its second reading on this the J "'-day of (t(lC6Leair2016, by the following vote: Nelda Martinez Brian Rosas (.W) 4 Rudy Garza , i Lucy Rubio jtvi4...., Michael Hunter C. , / Mark Scott _ Chad Magill L! _ Carolyn Vaughn Colleen McIntyre i IA That the foregoing ordinance was read for the second time and passed finally on this the t(.1 t day of ctttC t — , 2016, by the following vote: Nelda Martinez 6,{/t Brian Rosas ____4_ Rudy Garzaj-IL-6 Lucy Rubio ---CLIA., Michael Hunter ay Mark Scott Chad Magill ay Carolyn Vaughn L Colleen McIntyre aitP PASSED AND APPROVED, this the I "-11 y of 661k4-2016. ATTEST: CITY OF CORPUS CHRISTI Pe_ Le( ,4-1t-tt,147: Rebecca Huerta Nelda Martinez City Secretary Mayor ! 1309;': I CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV,Sections 7&8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: Auaust 16. 2016 Legistar: 16-0873 Agenda item: Ordinance appropriating $192,000 of anticipated revenues from the Texas Department of Transportation (TxDOT); authorizing the City manager or designee to execute an Advance Funding Agreement with TxDOT for an estimated local participation cost of$9,600; and execute a contract for professional services with Maldonado-Burkett Intelligent Transportation Systems, LLP (MBITS) in an amount not to exceed $239,643 for a mobility and access management study on Padre Island. (Bond 2014 Proposition 2) Amount Required: 8192.000 Fund Name Accounting Unit AccountNo. Activity No. Amount Street CIP Fund 116061 $192,000 Total 8192,000 ❑Certification Not Required Director of Financial Services Date: /�C3 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV,Sections 7&8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: August 16. 2016 Legistar: 16-0873 Ordinance appropriating $192,000 of anticipated revenues from the Texas Department of Transportation (TxDOT); authorizing the City manager or designee to execute an Advance Funding Agreement with TxDOT for an estimated local participation cost of$9,600; and execute a contract for professional services with Maldonado-Burkett Intelligent Transportation Systems, LLP (MBITS) in an amount not to exceed $239,643 for a mobility and access management study on Padre Island. (Bond 2014 Proposition 2) Amount Required: $9,600 Fund Name Accounting Unit AcNoount Activity No. Amount Street 2015 GO BD 14 3551-051 T16260-01-3551-EXP $9,600 Total $9,600 ❑Certification Not Required Director of Financial Services S-9—ice 42- 3 Date: CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV,Sections 7&8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: August 16. 2016 Legistar: 16-0873 Agenda Item: Ordinance appropriating $192,000 of anticipated revenues from the Texas Department of Transportation (TxDOT); authorizing the City manager or designee to execute an Advance Funding Agreement with TxDOT for an estimated local participation cost of $9.600; and execute a contract for professional services with Maldonado-Burkett Intelligent Transportation Systems, LLP (MBITS) in an amount not to exceed $239,643 for a mobility and access management study on Padre Island. (Bond 2014 Proposition 2) Amount Required: $239,643 Fund Name Accounting Unit Account Activity No. Amount Street 2015 GO BD 14 3551-051 550950 T16260-01-3551-EXP $47,643 Street CIP Fund 3530-051 550950 T16260-01-3530-EXP $192,000 Total $239,643 ❑Certification Not Required Director of Financial Services Date: 30-/- 3 (--- R ._ . ' . vs O j :::cri ,Ea AGENDA MEMORANDUM iss2 First Reading for the City Council Meeting of August 9, 2016 Second Reading for the City Council Meeting of August 16, 2016 DATE: July 19, 2016 \—tr 1`O' TO: Margie C. Rose, City Manager .1(, -DSrl b THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 THRU: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Advance Funding Agreement Contract for Professional Services Padre Island Mobility and Access Management Study CAPTION: Ordinance appropriating $192,000 of anticipated revenues from the Texas Department of Transportation; authorizing the City Manager or designee to execute an Advance Funding Agreement; and execute a contract for professional services with Maldonado-Burkett Intelligent Transportation Systems, LLP (MBITS) in an amount not to exceed $239,643 for a Mobility and Access Management Study on Padre Island. PURPOSE: The purpose of this Agenda Item is to execute an advance funding agreement with the Texas Department of Transportation (TXDOT); and approve a Contract for Professional Services with Maldonado-Burkett Intelligent Transportation Systems, LLP (MIBTS) for Padre Island Mobility and Access Management Study. BACKGROUND AND FINDINGS: This is a joint City/TxDOT/MPO project with a cost share of 20/80 City/Federal respectively to complete an Access Management Study. The study evaluates existing access, mobility and other conditions on the designated corridors with recommendations for short-range and long-range improvement strategies. The designated corridors are Park Road 22 from Aquarius Street to Sea Pines Drive and State Highway 361 from Park Road 22 to Zahn Road. • The intersections within the limits on Park Road 22 include: • Aquarius/Packery Point • Jackfish and Verdemar • Commodores/State Highway 361 • Whitecap Boulevard • Encantada and Sea Pines The overall objective of this project is to identify potential solutions to improve mobility and safety with future economic growth while reducing conflict points, congestion, accident rates and air pollution. The study includes field research, policy reviews and modeling/simulations to review existing conditions and alternatives. This project is part of the Corpus Christi Metropolitan Planning Organization's FY 2016 Transportation Improvement Program (TIP) and City's Bond 2014 TxDOT Participation Project. ALTERNATIVES: 1. Execute the Advance Funding Agreement with TXDOT and Contract for Professional Services with MBITS. (Recommended) 2. Do not execute the Advance Funding Agreement with TXDOT and Contract for Professional Services with MBITS. (Not recommended) CONFORMITY TO CITY POLICY: Ordinance complies with City Charter's requirements for approval of this ordinance. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: Fiscal Year Project to Date Current Year Future Years TOTALS 2015-2016 Expenditures Budget $253,000 $253,000 Encumbered / Expended Amount This item (TxDOT) This item (MBITS) $239,643 $239,643 Future Anticipated Expenditures This $13,335 $13,335 Project (State share) Future Anticipated Expenditures This Project (City share) BALANCE $22 $22 Fund(s): Street Bond 2014 t � RECOMMENDATION: City staff recommends approval of the Ordinance to enter into the Advance Funding Agreement and Contract for Professional Services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Advance Funding Agreement Contract for Professional Services Ordinance Presentation Form 1295 CSJ#0916-35-197 District 16 Code Chart 64# Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning&Construction CFDA No.:20.205 Not Research and Development ATTACHMENT B SCOPE OF WORK Project Background: The Local Government will develop and provide a Padre Island Mobility and Access Management Study. The study corridors include State Highway 361, Park Road 22 and adjacent arterial, and the future Regional Parkway. The study is to identify mobility and access management of the Padre Island Mobility. The practices to be used during the study will include, the review of traffic count data, providing observations at a minimum of two weekdays, one weekend, and one peak traffic holiday and interacting with stakeholders within the corridors. The Local Government will propose applicable transportation management strategies to include modification of roadway configuration, operational and maintenance adjustments, and access management improvements that would mitigate the congestion and mobility on Padre Island in Corpus Christi. Task 1: Project Management & Administration The Local Government will provide project management and administrative duties for the study. These duties will include providing and maintaining a project schedule, preparing and mailing correspondence, conducting and coordinating project meetings, maintaining records, and preparing invoices at the end of the month. Task 2: Short Range Recommendations The Local Government will meet with the City Traffic Engineering staff, staff of the Metropolitan Planning Organization and Nueces County Parks to help define short range (1-5 years) improvements at the beginning and ending phases of the study. Additionally, the Local Government will meet, by way of 3 meetings and correspondence with the Island Strategic Action Committee, to define short range(1-5 years) improvements. The Local Government will make recommendations for capital improvements, roadway configuration changes, improving access management and traffic control in the subject area and any changes to maintenance requirements. Recommendations will take into consideration planned local and regional transportation improvements, project population changes, future land uses and changes in travel demand and environmental considerations. The Local Government will provide preliminary costs and cost effectiveness estimates for each short range improvement recommended. Task 3: Long Range Recommendations The Local Government will provide a long range (5+years) access management strategy in the study area that will delineate any recommended capital investments in roadway infrastructure, operational and maintenance adjustments and access management improvements. Recommendations will take into consideration planned local and regional transportation improvements, project population changes, future land uses and changes in travel demand and environmental considerations. Local Government will provide preliminary costs and cost effectiveness estimates for each long range improvement recommended. AFA-LPAFA_NonConstruction Page 1 of 2 Attachment B CSJ #0916-35-197 District 16 Code Chart 64# Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning&Construction CFDA No.:20.205 Not Research and Development Task 4: Final Reporting The Local Government will prepare a final report on the short range and long range recommendations for improving mobility and access management for the Padre Island study area, as identified from Task 2 and Task 3. Local Government will provide preliminary costs and cost- and effective estimates for each improvement recommended. The Local Government will provide an overview of comments received during the three public meetings. Deliverables to be provided to the State: • a project schedule of projected meeting dates and project milestones, no more than 2 months after contract execution • monthly invoices, purchase order number, date of service and description of deliverables • Interim reports and schematics that delineate alternative, options and recommendations in a report from that includes conceptual drawings in both a printed and electronic form including PDF files and GIS layers, no more than eight months after contract execution. • final short range and long range reports, base-maps, schematics as appropriate on recommendations no more than 12 months after contract execution. • The final short range and long range reports, base maps and schematics as appropriate on all recommendations in both printed and electronic form as PDF files and GIS layers no more than twelve months after contract execution AFA-LPAFA_NonConstruction Page 2 of 2 Attachment B • CSJ #0916-35-197 District 16 Code Chart 64# Project: Padre Island Mobility and Access Management Study Federal Highway Administration CFDA Title:Transportation Planning&Construction CFDA No.:20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET Costs will be allocated based on 80% Federal funding and 20% Local Government funding until Local Government funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Padre Island Total Federal State Participation Local Participation Mobility and Access Estimate Participation Management-STP- d Cost MM % Cost % Cost % Cost Task 1 Project $48,000 80% $ 38,400 0% $0 20% $ 9,600 Management & Administration (By LG) I Task 2 Short $72,000 80% $ 57,600 0% • $0 20% $ 14,400 Range Recommendations (By LG) • Task 3 Long Range $72,000 80% $ 57,600 0% $0 20% $ 14,400 (By LG) Task 4 Final $48,000 �80% $ 38,400 0% $0 20% $ 9,600 Reporting (By LG) Direct State $ 9,600 0% $0 0% $0 100% $ 9,600 Costs (4%) _ Indirect State Costs $13,776 0% $0 100% $13,776 0% $ 0 (5.74%) . TOTAL $263,376 $192,000 $13,776 $ 57,600 Initial payment by the Local Government to the State: $9,600 Estimated total payment by the Local Government to the State: $9,600 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-LPAFA NonConstruction Page 1 of 1 Attachment C I I I e • , • 11) 0 SeP /�FO Ca