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Home My WebLink AboutC2005-700 - 10/11/2005 - Approved CSJ: 2142-01-017 2142-01-022 Project Name: Rand Morgan Funding Category: 1 STATE OF TEXAS COUNTY OF TRAVIS ~ ~ ORIGINAL LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT for Rand Morgan Road Improvements THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 108812 and 109667 that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local <;3overnment has approved entering into this LPAFA by resolution or ordinance dated l '-' i i. ",.) , which is attached hereto and made a part hereof as Attachment A for developm~nt of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1 The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4 Scope of Work The scope of work for this LPAFA is described as rehabilitation of roadway and adding shoulders from SH 44 to Leopard Street and construction of two (2) - twelve foot (12') travel lanes with a fourteen foot (14') center turn lane from Leopard Street to IH 37. 2005- 700 I 01ll/05 Res026497 Page 1 of 4 Revised 6/13/05 TxDOT CSJ: 2142-01-017 2142-01-022 Project Name: Rand Morgan Funding Category: 1 5 Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6 Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7 Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8 Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9, Architectural and Engineering Services will be provided by the State, as stated in the Master Agreement, without exception. The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Government's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government IS responsible for all non-federal and non-state funding, including all project cost overruns, unless otherwise provided for in this Agreement or through amendment of this agreement. d. After execution of this LPAFA, but prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment C as the local contribution for Preliminary Engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering as stated in the Local Project Sources and Uses of Funds provision of the Master Agreement. e. Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any others costs owing. f In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. LPAFAShortGen.doc Page 2 of 4 Revised 6/13/05 CSJ: 2142-01-017 2142-01-022 Project Name: Rand Morgan Funding Category: 1 g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. h. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. .() . Acceptance of funds directly under the contract or indirectly through a subcontract under this . \ J \9 contract acts as acceptance of the authority of the state auditor, under the direction of the . "1,,. leaislative audit committee. to conduct an audit or investiqation in connection with those funds.~ A.lentity that is tCE' subject of an audit or investigalion 'TIust ::.rovide the State Auditor with access to any information the State Auditor consl'ders I t t h' t' t' or audi " . re evan 0 t e mves Iga Ion ~ o 13. Document and Information Exchange. The Local Government agrees to electronically deliver to ,...3 the State all general notes, specifications, contract provision requirements and related documentation in a Microsott@ Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hinng a consultant or professional provider. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. LPAFAShortGen.doc Page 3 of 4 CSJ: 2142-01-017 2142-01-022 Project Name: Rand Morgan Funding Category: 1 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. r/ 'i: 'Z 44J t.,-#. tJ (p, I AUIMOaUW. I.. -~..._.---- .,,, IlID.~' !" ~1l._....._....L____ It-[ ... .......................-- SEr..n AlfV-cfL By: (Si Title l .: ,,( +~ .', " - r'c,.:, .. , I '--f J i.! \. L',.-r -.- . i " I. I '( u ~Ofll1 Date: \ L AlTEST AflMANDO~;:'-(:) -~ THE STATE OF TEXAS CITYSECRET.4RY 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 app~ved and authorized by the Texas Transportation Commission. By: ~?~I~a~:::ection Office of General Counsel Texas Department of Transportation Date: &~P~A I') ;)..,(:')0..5- LPAFAShortGen.doc Page 4 of 4 Revised 6/13/05 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) FOR RAND MORGAN ROAD IMPROVEMENTS MADE BY AND BETWEEN THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, AND THE CITY OF CORPUS CHRISTI. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Manager or his Designee is authorized to enter into a Local Project Advance Funding Agreement (LPAFA) for Rand Morgan Road Improvements made by and between the State of Texas, acting by and through the Texas Department of Transportation, and the City of Corpus Christi. ATTEST: ~ Armando Chapa City Secretary APPROVED: October ~ I 2005. OF CORPUS CHRISTI RESO 4 Rand Morgan.doc A"'A~l-\&JT A \pf ~ 02R497 CorpU~hristi, Texas ~of a-(~ ,2005 The above resolution was passed by the following vote: Henry Garrett ; Brent Chesney Melody Cooper ~ Jerry Garcia a:!- Bill Kelly {~ Rex A. Kinnison 4 John E. Marez Jesse Noyola ~ Mark Scott Arr"c..~M&JT A 20 ~ 2- RESO 4 Rand Morgan.doc 026197 ide Mproject \councilexhlbits \exh6085/624 1. dwg '- ",. ! -~ }-- \....-/ PROJECT LOCA TlON ~~ ~ ~ Fw. 62. -- '" ~ : II · ~ -' --"'"-<< !! LoeA TION MAP NOT TO SCALE NUECES RIVER / / _ ;[uu ~:J? . "- '... o n:: I z jl Cl:: 01 ::::< 01 z ~I PROJECT SITE Cl a:::: Cl o o ;= ::.:: IX <( --' u AGNES SEDWICK RD vi HWY 44 ------I N ~I N :::::;:1 .!:=.- VICINITY MAP NOT TO SCALE ~ N ~ N ( ATTACHMENT "B" CITY OF CORPUS CHRIST/, TEXAS DEPARTMENT OF ENGINEERING SERVICES RAND MORGAN RD (FM 2292) FROM HWY 44 TO LEOPARD ST (# 6085) RAND MORGAN RD (FM 2292) FROM LEOPARD ST TO IH 37 (# 6241) PAGE: 1 0 f 1 DATE: 08-16-2005 ~ -- - - - - ~ CSJ: 2142-01-017 2142-01-022 Project Name: Rand Morgan Funding Category: 1 ATTACHMENT C Project Budget Estimate and Source of Funds There are two (2) project numbers set up for the two (2) sections to be improved along this roadway. The locations of both Projects are on FM 2292. Project 2142-01-017 is described as rehabilitation of roadway and adding shoulders from SH 44 to Leopard Street. The second project, 2142-01-022, consists of the construction of two (2) - twelve foot (12') travel lanes with a fourteen foot (14') center turn lane from Leopard Street to IH 37. The total estimated construction cost of the two (2) projects is $2.800.000. The Local Government will be participating in the project by providing the right-of-way required for this project and also any utility adjustment and/or relocation costs. Below is an estimate and source of funds for the project. Description Total Estimate Cost CSJ-2142-o1-o17 Rehabilitation of roadway $1,820,000 80% $1,456,000 20% $364,000 0% 0 and add in shoulders CSJ-2142-01-o22 Construction of 2 travel 980,000 0% 0 100% 980,000 0% 0 lanes w/curb & utter Direct State Costs - 11.5% 322,000 80% 257,600 20% 64,400 0 (including plan review, ins ection and oversi ht Indirect State Costs - 6.21 % 173,880 80% 139,104 20% 34,776 0% 0 (no local participation required except for service ro' acts TOTAL $3,295,880 $1,852,704 $1,443,176 $0 Engineering and contingencies charges will be based on actual charges. It is understood that the proposed improvements will be done by the State. This is a construction estimate only, final participation amounts will be based on actual charges to the project. LPAFAShortGen.doc Page 1 of 1 Revised 6/13/05 .~....--~ I Texas Department of Transportation PO HOX 4907 . CORPUS CHRISTI TEXAS 78469-9907. (361) 808-2300 January 12, 2006 JAN 1 ~ 200~) FN(;lf~i:~EH City of Corpus Christi Angel Escobar, P.E. Director of Engineenng Services P.O. Box 9277 Corpus Christi, TX 78469 RE: Rand Morgan Road Proj ects CSJ 2142-01-017 CSJ 2142-01-022 Dear Mr. Escobar; We have received the fully executed Advance Funding Agreements for the above referenced projects and I am forwarding your original copy of the agreement for your files. If you have any questions or need additional information concerning these agreements, please let me know. Sincerely, . 1,1.\" 1 (\,( " 1(, ~ Sonya ~. ~opez- osa' Special Projects Coordinator I II - ,i \/r1.' ,r /'\../ ;,.-1'. ., ,0 Enclosure cc: Martin Horst, PE. David Chapa Project file 4n Equai Opportunity Employer