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Res 070-2007 5/1/2007 RESOLUTION NO. �.� =' �� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE ADVANCE FUNDING AGREEMENT FOR THE INTERSECTION IMPROVEMENTS WITH TEXAS DEPARTMENT OF TRANSPORTATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Wal-Mart Stores Texas, LP, has proposed intersection improvements, including a traffic signal at Southwest Parkway and Greenbriar Drive; and WHEREAS, the City will act as the funding avenue between Wal-Mart and the Texas Department of Transportation; and WHEREAS, this funding agreement with the Texas Department of Transportation will permit the construction of the signal lights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The Advance Funding Agreement is accepted and the City Manager is hereby authorized to execute said agreement with the Texas Department of Transportation. 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 1st day of May, 2007. � �� MAYOR ATTEST: ity C erk CSJ ff 6160-95-001 Districi # Wichita Falls Code Chart 64 # 46050 Project: RMC 616U-95-001 THE STATE OF TEXAS § THE COUNTY OF WICHITA § LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REGtUiRED MATCH TH{S AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas DepaRment of Transportation, hereinafter called the Siate, and ihe Citv of Wichita Falls acting by and through its dulv elected officials, hereinafter called the Local Govemment. WiTNESSETH WNEREAS, Texas Transportation Code, Chapter 201 and 222 authorizes the State to lay out, constn�ct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Texas Govemment Code Chapter 791 and Texas Transportation Code §201.209 and Chapter 221, authorizes the State to contract with muniapalities and political subdivisions; and, WHEREAS, tlie Loca{ Govemment has requested that the State allaw the Local Govemment to partiapate in said improvement by funding that portion of the improvement described as installation of a traffic sianal. hereinafDer called the °Project"; and, WHEREAS, Transportation Code, §201.209 allows the State to errter into an iMerlocal agreement with a Local Govemment; and, WHEREA3, the State has determined that such participation is in the best interest of the atizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements . of the parties Fae�etp, to be.'by ttiem Fespediyety kePt and perto�ried as herein�fter set forth, the State and�the Loeal Govemment da agree. as follows: � AGREEMENT Article 1. Time Period Covered. The period of this LPAFA is as stated in the MAFA, without exception. Article 2. Project Funding and Work Responsibilities. The State will authorize Uie pertormance of only those Project items of work whic� the Local Government has requested and has agreed to pay for as described in Attachment A, Paymerrt Provision and Work Responsibilities which is attached to and made a part of this contract In addition to idendfying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Projed items of work that are the responsibility of the Local Govemment and will be carried out and completed by the Local Govemment, at no cost to the State. CSJ t� 6160-95-001 District # Wichite Falls Code Chart 64 # 46050 Project: RMC 6160-95-OOi Articie 3. Payment of Funds. Whenever funds are paid by the Local Govemment to the State under this Agreement, the L.ocal Govemment shall remit a check or warrant made payable to the "Texas Departmerrt of Transportation Trust Fund." The chedc or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow accourrt may only be applied by the State to the Project. If, after final Project accoundng, excess tunds remain in the escrow account, those funds may be applied by the State to the Local Govemment's contractuai obligations to the State under arwther advance funding agreement Article 4. Right of Access. If the Local Govemment is the owner of any part of the Project site, the Local Govemmerrt shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Article 5. Adjustments Outside the Project Site. The Local Govemment will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 6. Responsibilities of the Parties. Responsibilities of the Parties will be under the contiitions as provided for � the MAFA, without excepbon. Article 7. Document and IMormation Exchange. The Local Govemment agrees to electronically deliver to the State all general notes, specifica6ons, contract provision requirements and related documentaaon in a Microsoft� Word or similar documerrt. If requested by the State, the Local Govemment will use the State's document template. The Local Govemment shall also provide a detailed construction time estimate induding types of activities and month in the format required by the State. This requirement applies whether the local entity creates the documents with its own forces or by hiring a consultant or professional provider. Article 8. Inspection and Conduct of Work. Unless othervvise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all worlc pertamed hereunder ar�d provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State: Unless otberwise �pecifically stated in Attachment A to this contract, all woric will be pertormed in.accordance with the Standard Specifications for (:o�struction and Maintenance of Highways, Sfreets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 9. Increased Costs. Increased cost will be under the condi6ons as provided for in the MAFA, without exception. Articlel0. Maintenance. Project Maintenance will be under the conditio�s as provided for in the MAFA, without exception. Article 11. Terminatlon. Termination of this LPAFA shall be under the condi6ons as stated in the MAFA, without exception. CSJ # 6160-95-001 District �! Wichita Falls Code Chart 64 �! 46050 Project: RMC6i60-95-001 Article 12 Notices. Notices af this LPAFA shalf be under the conditions as stated in the MAFA, without excep6on. Local Govemment: CiN Manaaer Darron Leiker Citv of Wichita Falls 1300 7 PO Box 1431 Wichita Falis. TX 76307 Arttc{e 13. Sole AgreemenL Sole Agreement of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Article 14. Successors and Assigns. The State and the Local Govemment each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 15. Amendments. Amendments to this LPAFA shall be made as described in the MAFA, witlwut exception. Article 16. Incorporatlon of Master Ag�+eement Provisions. This LPAFA inc�rporates aH relevant 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. My conflict between the terms of the MAFA and this LPAFA shall be govemed and controlled by this LPAFA. Articls 17. State Audltor. The state auditor may conduc� an audit or investiga6on of any entity rec;eiving funds from the state directly under the contract or indirecdy through a subcontract under the contract. Acoeptance of funds directly under the contract or indirectly through a subco�b�ct 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 tunds. 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. Article 18. Insurance. If this agreement authorizes the Local Govemment or its contractor to perfoRn any work on State right of way, before beginning wo�lc the entity perForming the work shall provide the State with a fully executed copy of ihe State's Form 1560 Cefificate of Insurance verifying '. the. existence of. coirerage m the amounts and types specified pn 4he Cerxifificate of.lnsurance for all persons and entities woricing on State right of way. This coverage sfiall be maintained urttil all work on the State right of way is complete. lf coverage is not maintained, all woric on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. Article 19. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE 3TATE OF TEXAS CSJ # 61�0-95-001 Distria # W ichita Fa�ls Code Chart 64 # 46050 Project: RMC �160-95-001 Execuked 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 hereMfore approved and authorized by the Texas Transparta6on Commission. By Larry D. Tegtrr�eyer, P.E. Date Wichita Falis District Engineer THE LOCAL GOVERNMENT Name of the Local Govemment Citv of Wichita Falis By Date Typed or Printed Name and Title � f CSJ # 6160-95-001 District tl Wichita Falls Codc Chart 64 �1 46050 Project: RMC 6160-95-001 Attachment A Project Budget and Descriptlon The Ciry of Wichita Falls will pay for the cost of the installa6on of a traffic signal at the intersection of FM 369 and Greenbriar Roat1, which is an on-system locatan. The Citys paracipatlon is 100% of the cost of this particular improvement. The City's estimated cost of this additional work is $168,316.49, inGuding construction items, and engineering and contingencies. The State has estimated the project to be as follows: Description Total Federal State Local Estimate Participatlon Participation Participation Coat % Cost % Cost % COSt ' ' � CONSTRUCTION COSTS Construdion of Traffic $143,86025 0°,G 50.00 0% 50.00 100°k 5143,860.25 Si nal SUbbOMI $143,860.25 50.00 30.00 3143,88025 Dired State Costs $24,456.24 0°h $0.00 0°k 50.00 10096 $24,456.24 (induding plan review, inspection and oversigM) Estirnated at 179k TOTAL 5168 316.49 50.00 50.00 ;168 396.49 Direct Sta�e Cost will be based on actual charges. City's Participation (100 = Siss_316.49 This is an estimate only, final participation amounts will be based on actual charges to the project.