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HomeMy WebLinkAboutResolution - 2008-R0499 - Local Transportation Project Non-Construction Advance Funding Agreement - TXDOT - 12_17_2008Resolution No. 2008-RO499 December 17, 2008 Item No. 6.6 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Local Transportation Project Non -Construction Advance Funding Agreement between the City of Lubbock and Texas Department of Transportation (TXDOT) for a Feasibility Study for an Outer Loop Around Lubbock, Texas, and other related purposes. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 17th day of December , 2008. wool� TOM MARTIN, MAYOR ATTEST: Rebec Garza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, Public Works Director APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw/ccdocs/Res-Tx Dot Feasibility Study -Outer Loop 11.10.08 Resolution No. 2008—R0499 STATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 0905-06-070 District # _Lubbock Code Chart 64 # 25650 Project: Outer Loop Stud_ CFDA # LOCAL TRANSPORTATION PROJECT NON -CONSTRUCTION ADVANCE FUNDING AGREEMENT for a Feasibility Study for an Outer Loop Around Lubbock, Texas THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation (State), and the City of Lubbock (Local Government). BACKGROUND Federal law establishes federally funded programs for transportation improvements to implement its public purposes, including the District Discretionary Programming Authority Program. Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds. The Texas Transportation Commission passed Minute Order 110685, which provides for development of and funding for the Project identified in this Agreement. The Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance dated December 17, 2008, , which is attached and is made part of the Agreement as Attachment A. THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree to the following. 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, 2010. 2. Scope of Work The scope of work is the Project as detailed in Attachment B, which is attached and made part of this Agreement. 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 made part of this Agreement. 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 AFA-AFA_Non-Construction.doc Page 1 of 6 Revised 10/23/2008 CSJ # 0905-06-070 District # Lubbock Code Chart 64 # 25650 Project: Outer. Loop Study CFDA # 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, b. 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. The Local Government will be responsible for all non-federal and non -State participation costs associated with the Project. If 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, The State will not pay interest on any funds provided by the Local Government. c. The Local Government shall request payment by submitting the original of an itemized invoice in a form acceptable to the State. The Local Government may submit an invoice no more frequently than monthly and no later than ninety days after incurring a cost. Each invoice shall itemize charges and shall attach documentation showing the name, hourly rate, and number of hours worked for all labor charges, the basis for allocation of any indirect costs, and copies of invoices for any direct costs over $1,000. d. 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. 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. e. if the Project has been approved for a fixed price or incremental payments under 43 TAC §15.52, Attachment C will clearly state the amount of the fixed price or the incremental payment schedule. 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. f. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Agreement or indirectly through a subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a subcontract under this Agreement 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. 4. Termination This Agreement may be terminated: a. by mutual consent of the parties; b. by one party because of a material breach by the other party, in which case the breaching party shall pay any costs incurred because of the breach; or c. by the State if the Local Government elects not to provide its share of funding, in which case the Local Government shall pay for the State's reasonable actual costs during the Project. AFA-AFA Nan-Construction.doc Page 2 of 6 Revised 10/23/2008 CSJ # 0905-06-070 District # Lubbock Code Chart 64 425650 Project: Outer Loop Study CF'DA # 5. Amendments Amendments to this Agreement shall be in writing and shall be executed by both parties. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any default. All legal remedies may be pursued by either party and shall be cumulative. 7. Notices All notices to either party by the other under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Local Government: Director of Public Works P.O. Box 200 Lubbock,Texas 79457 L-___ _ State: Director of Transportation Planning & Development 135 Slaton Rd. Lubbock,Texas 79404 All notices shall be deemed given on the date delivered or deposited in the mail. 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 the request shall be carried out by the other party. 8. Legal Construction If any provision in this Agreement is for any reason held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement. In that case, this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it. 9. Responsibilities of the Parties Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party is responsible for its own acts and deeds and for those of its agents, servants, or employees. 10. 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 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. The Local Government shall receive copies of all documents produced by this study. AFA-AFA_Non-Construction.doc Page 3 of 6 Revised 10/23/2008 CSJ 4 0905-06-070 District 4 Lubbock Code Chart 64 4 25650 Project: _Outer Loop Study CFDA 4 11. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. After receiving a written request from the State; the Local Government shall furnish the State with satisfactory proof of its compliance with this Article. 12. Sole Agreement This Agreement supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 13. Cost Principles To be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87. 14. Procurement and Property Management Standards The parties shall comply with the procurement standards established in 49 CFR §18.36, the property management standard established in 49 CFR §18.32, and the supply standard established in 49 CFR § 18.33. 15. Inspection of Books and Records The parties shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make those materials available to the State and the Local Government. If the Agreement involves federal funds, the same materials shall be made available to the Federal Highway Administration (FHWA), the U.S. Office of the Inspector General, and their authorized representatives for review and inspection. Records shall be maintained for four (4) years from the termination of this Agreement or until any related litigation or claims are resolved, whichever is later. Additionally, the State, the Local Government, 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. 16. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, 31 USC §7501 et seq., and with the coverage stipulated in OMB Circular A-133. 17. Civil Rights Compliance The Local Government shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination, 49 CFR Chapter 21 and 23 CFR §710.405(B), and with Executive Order 11246, as amended by Executive Order 11375 and supplemented in 41 CFR Part 60. 18. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26, AFA-AFA_Non-Construction.doc Page 4 of 6 Revised 10/23/2008 CSJ # 0905-06-070 District # Lubbock Code Chart 64 # 25650 Project: Outer Looj Study CFDA # 19. 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. The parties to this Agreement shall require any party to a subcontract or purchase order awarded under this Agreement to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification in accordance with 49 CFR Part 29. 20. Lobbying Certification In executing this Agreement, the signatories certify to the best of their knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant„ loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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 reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 21. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA-AFA_Non-Construction.doc Page 5 of 6 Revised 10/23/2008 CSJ # 0905-06-070 District # Lubbock Code Chart 64 # 25650 Project: Outer Loop Study CFDA # THEREFORE, the parties have executed this Agreement in duplicate originals. THE LOCAL GOVERNMENT CITY OF LUBBOCK Tom Martin, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: M/'Z� 6 a Marsha Reed, P.E., Director of Public Works APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney ACKNOWLEDGED: John . Leonard, III, Chairman, Lubbock MPO THE STATE OF TEXAS cC nice Mullenix, irector of Contract Services Texas Department of Transportation 7� (7 O�6te AFA-AFA_Non-Construction.doc Page 6 of 6 Revised 10/23/2008 CSJ # 0905-06-070 District # Lubbock Code Chart 64 # 25650 Project: Outer Loop Study CFDA # ATTACHMENT A Resolution or Ordinance Resolution No. 2008-RO499 December 17, 2008 Item No. 6.6 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Local Transportation Project Non -Construction Advance Funding Agreement between the City of Lubbock and Texas Department of Transportation (TXDOT) for a Feasibility Study for an Outer Loop Around Lubbock, Texas, and other related purposes. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 17th day of December , 2008. �� 111,4- TOM MARTIN, MAYOR ATTEST: Rebe4 Garza, City Secretary APPROVED AS TO CONTENT: mo�L'O'Xa /��J Marsha Reed, Public Works Director APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney CSJ # 0905-06-070 •Regolutiou No. 2008-RO499 District # _Lubbock Code Chart 64 # 25650 Project: Outer Loop Study CFDA # ATTACHMENT B SCOPE OF WORK CONDUCT FEASIBILTY STUDY FOR AN OUTER LOOP FOR THE LUBBOCK METROPOLITAN AREA. _WHO IS PERFORMING THE WORK; TXDOT IS PERFORMING THE WORK THROUGH AN ACTIVE CONSULTANT CONTRACT WHAT IS THE NATURE OF THE WORK BEING PERFORMED; CONSULTANT WILL CONDUCT THE FEASIBILITY STUDY, AND TXDOT WILL PERFORM THE ROUTE STUDY WITH IN-HOUSE FORCES. TIME PERIOD DURING WHICH IT WILL BE PERFORMED; 18 TO 24 MONTHS Page 1 of 1 Attachment C CSJ # 0905-06-070 Re'soiution No. 2008-RO499 District # Lubbock Code Chart 64 # 25650 Project: JOuter Loop Study CFDA # ATTACHMENT C PROJECT BUDGET The following are estimated Project costs and their allocation between the parties. Description State Participation Local Participation Total Project Cost % Cost % Cost % Project NIA $937,000.00 NIA $950,000.00 NIA $1,887,000.00 TOTAL NIA $937,000.00 NIA $950,000.00 NIA $1,887,000.00 Local Government's Participation (Fixed Amount) - $595,566.00 I(City of Lubbock) - $354,435.00 I(Lubbock MPO) - $241,130.00 Lubbock County Participation (Fixed Amount) _ $354,436.00 Total Local Participation (Fixed Amount) _ $950,000.00 Page 1 of 1 Attachment C