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Res 163-2006 12/19/2006 RESOLUTION NO. �CO RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR PIGEON CONTROL ALONG BROAD AND HOLLIDAY STREET UNDERPASSES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, it is the desire of the City and TxDOT to control pigeons along the Broad and Holliday Overpass areas; and WHEREAS, TxDOT has proposed a joint project to install pigeon control barriers along the Broad and Holliday Street Underpasses; and WHEREAS, the City has its share of resources to complete the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Manager is hereby authorized to execute the attached Local Transportation Project Advance Funding Agreement For Pigeon Control along the Broad and Holliday Street Underpasses. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 19th day of December, 2006. � �---C ,.�� _ � MA R ATTEST: City Clerk � �,� � �� i � . . . 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Detail 707COIL01 . . District # Wichita Fal1s Code Chart 64 46050 Project: SP 707C01l01 Piaeon�ontrol STATE t3F TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT � For Pigeon Control 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 "Sta�e", and the Citv of Wichita Falls, acting by and through its duly autho�ized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement befinreen 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 that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , which is atta�hed hereto and made a part hereof as Attachment A for development af the spec'rfic project which is identified in #he lacation 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 sha11 be made as described in the Master Ag�eement, without exception. 4. Scope of Work The scope of wor{c for this LPAFA is described as the �ocal Govefnment will participate in the installation of bird coils alon�a the steel b�idae structure Alon� IH 44 / US 287 from 6 Street ramps to Btuff Street TxDOT will purchase the bird coils with an estimated cost of $25,080 and the Local Government will install the birc! coils at an estimated cost o�' $15,813.1� that includes the uss of a 65' aeriat unit and labor. The Local Government will also instalt pi�eon barriers alonct various locations alona Broad and Hollidav Streets at a cost of $8.012.72 that includes the use of a 65' aerial unit and labor. AFA-LPAFA ShortGen.doc Page 1 of 7 Revised 2�2t06 Detail 707C01L01 District # Wichita Falls � ' Cade Cha�t 64 46050 Project: SP 707COIL01 Piqeon Contrai 5. Right of Way and Real Property shalt be the responsibility of the Loc�! Governrnent, as stated in the Master Agreament, without exception. 6. Adjustment of utilities wii! be pravided 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 �qreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA wilf be as stated in the Mastar 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 Gov�rnment. The State will cooperate fuily with the Local Government in accomplishing these locai public pu�poses to the degree permitted by State and Federal law. 10. Co�struction Responsibilities will be carried out by the State, as stated in the Master Agreement, without exception. 11. Project Maintenance wil! be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of �unds a. Project Cast Estimate: A Project Cost Estimate is pravided in Attachment C. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Gavemment's responsibility to verify with the State that the Federal letter af Autho�ity has been issued for the work covered by this Agreement. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shaws the percentage and abso�lute dalla� amount to be contributed to the project by federai, state, and loca! sources. � c. The Local Government is responsibte for all non-federal and non-state funding, including all project cost overruns, unless othervvise provided for in this Agreement or through amendment of this agreement. d. Prior to the pertormance of any engineering review work by the State, the Local Government will pay to the State the amaunt specified in Attachment C. At a minimum, this amount shall equa{ the Locat Government's funding share for the estimated cost o� pre(im'ss�ary engineering for the project. At least sixty {60) days prio� to the date set for receipt of the construction bids, the Local Govemment shall remit its remaining financial share for the State's estimated constructian oversight and construction costs. e. {n the event that the State determines that additianai funding by the Local Government is required at any time dur+ng the Project, the State will notify the Laca! Government in writing. The Local Government shall make payment to the State w�hin thirty (3Q) days from receipt of the State's written not�cation. f. Whenever funds are paid by the Local Government to the State under this Agreeme�t, the l.ocal Government sha{I remit a check or waRant made payabfe to the "Texas Department of Transportation Trust �und." The check or warrant shali be deposited by the State in an AFA-LPAFA ShortGen.doc Page 2 af 7 Revlsed 2I210B Ueta�t 7U7GU1�U� District # Wichita Falls • • Code Chart 64 46050 Project: SP 707COIL01 Pigeon Control escrow account to be managed by the State. Funds in the escrow account may only be apptied by the State to the ProJect. !f, after finai Praject accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Loca1 Government's confractua{ obligations to the State under another advance funding agreement. g. If any existing or future local ordinances, commissioners court orders, ruies, policies, or other directives, ineluding but not limited to outdoor advefising bi1lboards and storm water drainage facility requirements, are more �estrictive 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 shail mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not fimited to expenses related to relocation, removal, and adjustment of eligible utilities. h. The state auditor rnay conduct ar� audit or investigation of any entity receiving fuRds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the cantract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the directian of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any irrformation the state auditor considers relevant to the investigation or audit. 13. Document and lnformation Exchange. The Local Govemment agrees to electronically deliver io the State al1 genera! notes, specifications, contract provisian requ'srements and reiated documentation in a Microsoft� Word or similar document. If requested by the State, the Local Govemment will use the State's document ternplate. The Local Government shall also provide a detailed construction time estimate including types of activitiss and manth i� the format required by the State. This requirement appiies whether the Local Gavemment creates the dacuments with its av�m forces or by hiring a consultant or p�ofessianal providec. 14. Incorporation of Master Agreement -Provisions. This LPAFA incorporates alf of the governing provisions of the Master Advance Funding Agreernent (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 Govemment or its contractor to perform any work on State right of way, before beginning work the entity perForming the work shal! provide the State with a fully executed copy of the State's Form 1560 Certificate of insurance verifying tE►e existence of coverage in the amounts and types speci�ied on the Certificate of insurance for all persons and entities working on State right of way. This coverage shall be maintained until a11 work on the 5tate right of way is comptete. !f coverage is not maintained, all work on State right of way shatl cease immediatefy, 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. AFA-LPAFA ShortGen.doc Page 3 of ? Rev�sea 2nrog Detail 707COIL01 District # Wichita Falis ` � Code Chart 64 48050 Project: SP 707CO1L01 Pi�eon Control (N TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: (Signature) Title: Date: THE STATE �F 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 wark programs heretofore approved and authorized by the Texas Transportation Commission. By: Janiae Mullenix � Director of Contract Services Section Office of General Counsel Texas Department of Transportation Date: AFA-LPAFA ShortGen.doc Page 4 of 7 Rev►sed 2rrros Detaii 707COtL01 - � District # Wichita Falls Code Chart G4 46050 Project: $P 70?C I� LQ1 Piaeon Control ATTACHMENT A Resoiution of Locat Government Approving Thts LPAFA AFA-LPAFA ShoRGen.doc Page 5 of 7 Revised 2/2/Og Detail 7U7C01L01 - - District # Wichita Falls Code Chart 64 46050 Project: SP 707C�IL,01 Pigeon Control ATTACHMENT B Project Locatlon Map � �� , � BEGIN: - '- I JH 44 0+ 7th Street I I �� , :;:: - - � �f.. - , ...�.::...� -�-- �..:::...,.. :,�- � _ - �- �� -- � - � _ � y. - - '�f - _ �[� � "`—L,..- END: I ' - �� US 287 ot 15th Street I , - � -•,� ------ � � .��/ i,,,' i ' - ,,�`WICNITA � , -� r�� a�_�� ;- ; ; I , „_ � L_ ,� � q ;'; POP Q6, 259 I AFA-IPAFA_ShortGen.doc Page 6 of 7 Revised 2/'2/06 Detail 707GOIL01 - - District # Wichifa Falls Code Chart 64 46050 Project: SP 707COIL01 Pigeon Controi ATTACHMENT C Project Budget Estimate and Source of Funds Insert A Project Budget And Description Such As: The �acal Government will participate in the installation of bird coils along the s#eel bridge structure Along IH 44 / US 287 from 6' Street ramps to Bluff Street. TxDOT will purchase the bird coils with an estimated cost of $25,000 and the Local Government will install the bi�d coils at an estimated cost of $15,915.12 that includes the use of a 65' aerial unit and labor. The Local Government wilf also install pigeon barriers along various locations along Broad and Holliday Streets at a cost of $6,012.72 that includes the use of a 65' aerial unit and labor, totaling $21,927.84. The State has estirnated the project to be as follows: Total Description Estimate Federal State Local Cost Participation Participation ParticipaUon % Cost % Cost % Cost � � Purchase of Bird Coils $25,000.00 0% $0.00 100% $ 25,000.00 0% $0.00 tnstallation of Bird $95,915.12 0°� $0.00 0% $ 0.00 100% $15,915.12 Coils lnstallatian of Pigeon $6,012.72 0% $0.00 0% $ 0.00 100% $6,012.72 Barriers ?�. �� ' ,.� - k � < A �� ; � $OAO Q°Io $Q.�O 0% $ 0.00 0°l0 $OAO $a.00 o�i� �o.00 Zo�io �o.00 o�io $o.00 TOTAL $46 927.84 $0.00 $25 000.00 $21,82T•84 Direct State Cost will be based on actual charges. Local Government's Participatlon = �21.92�.84 This is an estimate only, final participation amounts will be based on actual charges to the project. AFA-LPAFA ShortGen.doc Page 7 of 7 Revised 212106