Res 050-95 4/4/1995RESOLUTION NO. SC)-qtS-
RESOLUTION APPROVING THE PROVISIONS OF THE
AGREEMENT FOR THE RECONSTRUCTION OF CALL
FIELD ROAD
WHEREAS, the City and the State will be cooperating in the
reconstruction of Call Field Road from Kemp Blvd. to Lawrence
Road; and,
WHEREAS, this project is designated as an Intermodal Surface
Transportation Efficiency Act (ISTEA) project; and,
WHEREAS, the City accepts the provisions contained in the
attached agreement for the construction of Call Field Road by the
Texas Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
The attached agreement for the construction of Call Field
Road, from Kemp Blvd. to Lawrence Road, by the Texas Department
of Transportation is hereby approved.
PASSED AND APPROVED this the
ATTEST:
CI
STATE OF TEXAS
COUNTY OF TRAVIS *
Wichita County
CSJ: 903 -03 -036
Call Field Road: From Lawrence
Road to Kemp Blvd.
AGREEMENT FOR THE CONSTRUCTION
OF CALL FIELD ROAD
THIS AGREEMENT, 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 Wichita Falls, Texas, acting by and through its duly authorized officers,
hereinafter called the "City ".
W I T N E S S E T H
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA")
codified under Title 23 U.S.C. Section 101 et seq., establishes the National
Intermodal Transportation System that is economically efficient and
environmentally sound, provides the foundation for the nation to compete in the
global economy, and will move people and goods in an energy efficient manner; and
WHEREAS, Title 23 U.S.C. Section 133 establishes that surface transportation
programs should be developed and implemented by the States' Transportation
Agencies; and
WHEREAS, the State and the City desire the reconstruction and illumination of
Call Field Road from the limits of Lawrence Road to Kemp Boulevard, as shown in
"Exhibit A", to be hereinafter identified as the "Project "; and
WHEREAS, the City has offered to participate in the development and construction
of the Project by providing the necessary right -of -way, providing for the utility
relocations, and providing all costs associated with the engineering plans and
construction of the sidewalk and curb and gutter; and
WHEREAS, on the _ day of
19—, the Wichita Falls City Council
passed Resolution No. , attached hereto and identified as "Exhibit B ",
authorizing the City's participation in the development of the Project; and
11/14/94 Page 1 of 7
WHEREAS, the State will prepare the construction plans, fund and let the
construction contract, and provide the construction inspection; and
WHEREAS, on the 29th day of July, 1993, the Texas Transportation Commission
passed Minute Order 102542, attached hereto and identified as "Exhibit C",
authorizing the State's participation in the development of the Project;
A G R E E M E N T
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:
1. CONTRACT PERIOD
This agreement becomes effective upon final execution by the State and shall
terminate upon the' State's completion of the Project or unless terminated or
modified as hereinafter provided.
2. SCOPE OF PROJECT
A. The State and the City agree that the scope of the Project shall be limited
to the scope approved by the Texas Transportation Commission.
B. The Project will be designated a part of the State Highway System as a
Metropolitan Highway for the limited purpose of reconstructing the roadway
facility; however any existing city roads within the limits of the Project will
not be designated or incorporated therein prior to the State's award of the
construction contract.
C. The City will continue to provide maintenance for all city roads within the
limits of the Project until the State's award of the construction contract.
3. ACQUISITION AND SECURING OF RIGHT -OF -WAY
The City shall secure for the State the necessary right -of -way required for the
construction of the Project. In the event additional right -of -way is required for
the completion of the Project, the City shall be responsible for the acquisition
of the additional right -of -way. The City will comply with all the requirements
of Title III of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq., except those
provisions relating to incidental expenses incurred by the property owners.
11/14/94 Page 2 of 7
Documentation to support such compliance must be maintained and must be made
available to the State and its representatives for review and inspection.
The City shall also secure and provide the State all easements over any other
land in addition to normal right -of -way as may be required for the construction
of the Project.
4. UTILITY ADJUSTMENTS /RELOCATIONS
If required for the completion of the Project, the City shall provide and assume
the cost for utility adjustments or relocations which may be located within the
Project limits. All utility adjustments or relocations shall conform to the
State's Utility Accommodation Policy, as established in Title 43 TAC Chapter 21.
5. ENGINEERING DEVELOPMENT
The State shall be responsible for the preparation of the Project's preliminary
engineering necessary for the development of the plans, specifications and
estimates (P.S.& E.) . The P.S.& E. shall be developed in accordance with the
State's 1993 Standard Specifications for Construction of Highways, Streets and
Bridges or its currently approved revisions. The State shall submit a copy of the
completed P.S.& E. to the City for review.
6. CONSTRUCTION REQUIREMENTS
A. The State shall advertise for construction bids, issue bid proposals, receive
and tabulate the bids and award a contract for construction of the Project in
accordance with existing procedures and applicable laws. Any field changes,
supplemental agreements or additional work orders which may become necessary
subsequent to the award of the construction contract shall be subject to the
approval of the State.
B. The State will supervise and inspect all work performed by the construction
contractor and will provide such engineering, inspection and testing services as
may be required to ensure that the construction of the Project is accomplished
in accordance with the approved P.S.& E. The City shall have the right, at its
own costs, to observe the construction of the Project, provided that such
observations shall not interfere with the required construction.
11/14/94 Page 3 of 7
C. Upon completion of the Project, the State will issue to the City a
"Notification of Completion ", acknowledging that the Project has been completed.
Upon the City's receipt of the "Notification of Completion ", the constructed
roadway will be removed from the State Highway System and will revert under the
jurisdiction of the City.
7. FUNDING RESPONSIBILITIES
A. The City shall be responsible for the State's cost associated with the
development of the engineering plans established in Article 5. Upon execution of
this agreement, the City shall remit a check or warrant, made payable to the
"Texas Department of Transportation', in the amount of $ 56,800 This
amount reflects the estimated cost of the State to provide the engineering
services.
B. The City shall be responsible for the costs of the Project's construction of
previously non - existing locations of sidewalk and curb and gutter. Within sixty
(60) days of the date set by the State for the posting of the bids, the State
shall notify the City that the funding for the sidewalk and curb and gutter costs
is to be made available. Within thirty (30) days from the receipt of the State's
written notification, the City shall present a check or warrant made payable to
the "Texas Department of Transportation" in the amount established by the State
in its notification.
C. In the event the funding provided by the City is insufficient to cover the
State's costs for the development of the engineering plans and /or the costs for
the construction of the sidewalk and curb and gutter, the City will within thirty
(3 0) days from receipt of the State's written notification provide the additional
funding to cover the State's additional costs.
D. Upon completion of the Project, the State will prepare a final audit of all
costs associated with the development of the Project. Upon completion of the
audit, any remaining funds due the City will be promptly returned.
8. MAINTENANCE RESPONSIBILITIES
The City will be responsible for the maintenance of Call Field Road upon final
completion.
11/14/94 Page 4 of 7
9. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by the
State shall remain the property of the State and all documents prepared by the
City shall remain the property of the City. All data prepared under this
agreement shall be made available to the State without restriction or limitation
on their further use.
10. TERMINATION
A. This agreement may be terminated by any of the following conditions:
(1) By mutual written agreement and consent of both parties.
(2) By either party, upon the failure of the other party to fulfill the
obligations as set'forth herein.
(3) By satisfactory completion of all services and obligations as set forth
herein.
B. The termination of this agreement shall extinguish all rights, duties,
obligations and liabilities of the State and City under this agreement. If the
potential termination of this agreement is due to the failure of the City to
fulfill its contractual obligations as set forth herein, the State will notify
the City that possible breach of contract has occurred. The City should make
every effort to remedy the breach as outlined by the State within a period
mutually agreed upon by both parties.
11. INDEMNIFICATION
To the extent permitted by law, the City shall indemnify and save harmless the
State, its officers, employees, agents and contractors from all claims and
liabilities due to the activities of the City, its officers, employees, agents
and contractors performed under this agreement and which result from an error,
omission or negligent acts of the City, its officers, employees, agents or
contractors. Additionally, to the extent permitted by law, the City shall save
harmless the State, its officers, employees, agents and contractors from any and
all expenses, including attorneys fees and court costs which may be incurred by
the State in litigation or otherwise resisting said claim or liabilities which
11/14/94 Page 5 of 7
might be imposed on the State as the result of such activities by the City, its
officers, employees, agents or contractors.
12. AMENDMENTS
Any changes in the time frame, character, agreement provisions or obligations of
the parties hereto shall be enacted by written amendment executed by both the
City and the State.
13. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall for any
reason be held invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions hereof and
this agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
14. NOTICES
All notices to either party by the other required under this agreement shall be
delivered personally or sent by certified or U.S. mail, postage prepaid, addressed
to such party at the following respective addresses:
State: Texas Department of Transportation
P.O. Box 660
1601 Southwest Pkwy.
Wichita Falls, TX 76307 -0660
City: The City of Wichita Falls
P.O. Box 1431
Wichita Falls, TX 76307 -1431
and shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Either party hereto may change the above
address by sending written notice of such change to the other in the manner
provided herein.
15. SOLE AGREEMENT
This agreement constitutes the sole and only agreement between the parties hereto
and supersedes any prior understandings or written or oral agreements respecting
the subject matter within.
11/14/94 Page 6 of 7
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed
in duplicate counterparts.
By:
ATTEST:
THE CITY OF WICHITA FALLS, TEXAS
Typed Name
Title
Date
ty Secretary
THE STATE OF TEXAS
Executed for the Executive Director and approved by the Texas Transportation
Commission under the authority of Minute Order No. 100002 and Administrative
Order 26 -93, for the purpose and effect of activating and carrying out the
orders, established policies or work programs heretofore approved by the Texas
Transportation Commission.
By:
Robert Cuellar, P.E.
Deputy Executive Director for Transportation
Planning and Development
Date
11/14/94 Page 7 of 7
/z:x/-(1ff)T_T- "C ",
VARIOUS
District No. VARIOUS
County
;ERAS TRANSPORTATION COMMISSION
MINUTE ORDER Page 1 of 5 Pages
WHEREAS, the Project Development Plan (PDP) of the Texas
Department of Transportation is a ten year plan which authorizes
project planning and development, and is submitted to the Texas
Transportation Commission for approval on an annual basis; and
WHEREAS, the 1993 Transitional PDP was structured and developed
with categories to utilize the Intermodal Surface Transportation
Efficiency Act of 1991 ( I STEA) ; and
WHEREAS, development and construction of many projects in the
PDP are subject to the approval /concurrence of the Metropolitan
Planning Organizations (MPOs) ; and
. ; WHEREAS, the MPOs have recently made significant modifications
to the list of projects which they propose to include in their
Transportation Improvement Programs (TIPs) ; and
WHEREAS, the letting to contract of projects contained in the
PDP is further subject to the availability of projected funds; and
WHEREAS, the structure of the various categories of work,
including the description, the restrictions, the method of allocation
and policy of the 1993 Transitional PDP was outlined in Minute Order
101106 dated June 24, 1992 and amended in Minute Order 101590 dated
October 28, 1992; and
WHEREAS, Minute Order 101588 dated October 28, 1992 approved
the structure of the allocation program portion of the 1993
Transitional PDP, and authorized projects in various allocation
programs; and
WHEREAS, an update of these previously authorized projects and
policies is required to more accurately-depict and properly guide
planning and development; and
WHEREAS, it is appropriate to address the status of the 1993
Transitional PDP and the approval of the 1994 PDP separately with
respect to mobility and allocation categories; and
TEXAS TRANSPORTATION COMMISSION
VARIOUS County MINUTE ORDER Page 2 of 5 Pages
District No. VARIOUS
WHEREAS, for mobility categories, Minute Order 101106 and
subsequent Minute Orders 101586 and 101587 dated October 28, 1992
approved specific projects for various levels of authorization in the
1993 Transitional POP in Category 1 - Interstate Construction, Category
3A - National Highway System (NHS) Mobility, Category 38 - NHS Texas
Trunk System, Category 3D NHS Traffic Management, Category 3E - NHS
Miscellaneous, Category 12 Commission Strategic Priority and Category
13 - State Mobility; and
WHEREAS, for mobility categories, Minute Order 101588 and
subsequent Minute Order 101765 dated December 22, 1992 approved
specific projects for various levels of authorization in the 1993
Transitional POP in Category 4C - Surface Transportation Program (STP)
Metropolitan Mobility /Rehabilitation, Category 4D - STP Urban
Mobil ity/Rehabilitation, Category 4E STP Rural
Mobil ity/Rehabilitation, Category 5 Congestion Mitigation and Air
Quality Improvement; and
WHEREAS, for allocation categories, Minute Order 101588 and
subsequent Minute Order 101765 approved specific projects in the 1993
Transitional PDP in Category 4A - 1993 Highway Safety Improvement
Program, 1993 Federal Railroad Signal Program, and 1993 Railroad School
Bus Signal Program, Category 6 - 1993-1995 On State System Bridge
Program, and 1993-1995 Off State System Bridge Program, Category 8 -
1992-1994 Farm to Market Road Program, and Category 16 - 1993 Railroad
Grade Cross Replanking Program; and
WHEREAS, several of the allocation programs approved in the
1993 Transitional PDP currently have unobligated balances for which
projects have now been identified as additions to the previously
approved programs; and
WHEREAS, Minute Order 101765 authorized district allocations
for the allocation program portion of the 1994 PDP, and directed that
when the projects have been selected for allocation programs (other
than "bank balance" programs), the programs be returned to the
attention of the Commission for approval of specific projects; and
TEXAS TRANSPORTATION COMMISSIOt
VARIOUS County MINUTE ORDER Page 3 of 5 Pages
District No. VARIOUS
WHEREAS, projects have now been identified for the allocation
programs of the 1994 PDP;
NOW, THEREFORE, IT IS ORDERED that the structure of the various
categories of work, including the description, the restrictions, the
method of allocation and policy outlined in Minute Orders 101106 and
101590 is hereby cancelled; and
IT IS FURTHER ORDERED for mobility categories that the
authorization for the Category 3A - NHS Mobility, Category 3B - NHS
Texas Trunk Sytem, Category 3D - NHS Traffic Management, Category 3E -
NHS Miscellaneous, Category 12 - Commission Strategic Priority and
Category 13 - State Mobility projects listed in Minute Orders 101106,
101586 and 101587 are hereby cancelled; and
IT IS FURTHER ORDERED for mobility categories that the
authorization for Category 4C - STP Metropolitan
Mobility /Rehabilitation, Category 4D - STP Urban
Mobility /Rehabilitation, Category 4E - STP Rural
Mobility /Rehabilitation and Category 5 - Congestion Mitigation and Air
Quality Improvement projects listed in Minute Orders 101588 and 101765
are hereby cancelled; and
IT IS FURTHER ORDERED for allocation categories that the
projects approved as a part of past allocation programs that have not
been selected for other categories of the 1994 PDP shall retain their
authority in those programs; and
VARIOUS —County
District No. VARIOUS
TEXAS TRANSPORTATION COMMISSIO1
MINUTE ORDER
Page 4 of 5 Pages
IT IS FURTHER ORDERED that the 1994 PROJECT DEVELOPMENT PLAN as
shown in the following exhibits is hereby approved:
Exhibit A - Structure of the various categories of work,
including descriptions, restrictions, methods of allocation and
policy.
Exhibit B - Interstate Construction (Category 1).
Exhibit C - National Highway System (Category 3):
NHS MobiTity, NHS Texas Trunk System, NHS Traffic Management
Systems, and NHS Miscellaneous.
Exhibit D - Surface Transportation Program (Category 4):
1994 Highway Safety Improvement Program, 1994 Federal Railroad
Signal Program, 1994 Railroad School Bus Signal Program,
1993-2002 Metropolitan Mobility /Rehabilitation Program, 1993-
2002 Urban Mobility /Rehabilitation Program, 1993-2002 Rural
Mobility/Rehabilitation, and 1994 Railroad Grade Separations
Program.
Exhibit E - Congestion Mitigation and Air Quality (Category 5).
Exhibit F - Bridge Replacement/Rehabilitation (Category 6):
1993-1995 On State System Bridge Program (Additions), 1996 On
State System Bridge Program, 1993-1995 Off State System Bridge
Program (Additions), and 1996 Off State System Bridge Program.
VARIOUS
District No. VARIOUS
County
TEXAS TRANSPORTATION COMMISSIOf
MINUTE ORDER
Page 5 of 5 Pages
Exhibit G - Farm to Market Road Program (Category 8):
1992 -1994 Farm to Market Road Program (Additions) and 1995 Farm to
Market Road Program.
Exhibit H - Commission Strategic Priority (Category 12).
Exhibit I - State Funded Mobility (Category 13).
Exhibit J - Miscellaneous Programs (Category 16):
1994 Railroad Grade Crossing Replanking Program.
IT IS FURTHER ORDERED that the Executive Director is hereby
authorized to proceed in the most feasible and economical manner with
project development for the projects included in Exhibits B through J
to include any necessary agreements, right of way acquisition, utility
adjustments, and relocation assistance, subject to the policies of the
Texas Department of Transportation and all applicable Federal and State
laws governing the acquisition policies for acquiring real property.
IT IS FURTHER ORDERED that the specific allocation programs
authorized by Minute Order 101765 for the 1993 Transitional Project
Development Plan shall remain active and in effect.
IT IS FURTHER ORDERED that the sections of highway shown in
Exhibit K are hereby designated as a part of the State Highway System
subject to the conditions indicated.
IT IS FURTHER ORDERED that this Minute Order be effective as of
September 1, 1993.
Submitted by: Examined and recommended by:
Director of Highway Design Approved Associate Executive Director
Executive Director
Minute Number 102542
Date Passed JUL 29 93