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Res 122-91 8/6/1991RESOLUTION NO. LU—P RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF WICHITA FALLS, TEXAS AND THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION FOR THE CONSTRUCTION OF MIDWESTERN PARKWAY FROM MAPLEWOOD AVE. TO TAFT BLVD. WHEREAS, the City of Wichita Falls desires to participate with the State Department of Highways and Public Transportation for the construction of Midwestern Parkway between Maplewood Avenue and Taft Blvd. ; and, WHEREAS, the estimated construction cost for the City portion of this project is $170, 392 . 36, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The agreement between the State Department of Highways and Public Transportation and the City of Wichita Falls, Texas, a copy of which is attached to and made part hereof, is hereby approved and the City Manager is authorized to execute the agreement. PASSED AND APPROVED this the 6th day of Auqust, 1991. M A 111111111111111 ATTEST: CITY CLERK CRP 90(22) M 8024-3-4 Wichita County STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this day of 1991, by and between the City of Wichita Falls, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Manager and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the City desires the construction of drainage improvements, sidewalk, curb, gutter and incidental items within the limits from Maplewood Avenue to Taft Boulevard on Metropolitan Highway No. 7, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated construction cost of this work is One Hundred Seventy Thousand Three Hundred Ninety Two and 36/100 Dollars ($170,392.36), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 86771, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the 2- return of this agreement, executed by the City, a warrant or check made payable to the State Department of Highways and Public Transportation in the amount of One Hundred Seventy Thousand Three Hundred Ninety Two and 36/100 Dollars ($170,392.36), to be used in paying for the proposed work required by the City in the City of Wichita Falls. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid to the State Department of Highways and Public Transportation. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 86771, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. 2- IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. ITf OF WICHITA 'LLS STATE OF TEXAS Party of the first `art STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION x By: (,/-I ' %Party of the Second Part ity anager ./ Certified as being executed for the purpose and effect of acti- ATTEST:vating and/or carrying out the orders, established policies, or 72 work programs heretofore approved bCityClerkandauthorizedby the State1a2/- 1/ Highway and Public Transportation Commission under the authority of Minute Order 82513. By: Director, Contract Management 3- WHEREAS, in WICHITA COUNTY in the City of Wichita Falls on MIDWESTERN PARKWAY, from Maplewood Avenue to Taft Boulevard, a distance of approximately 0.6 mile, a reconstruction project is required; and WHEREAS, this project qualifies for the 1988-92 Urban System Program (Non-Major Urbanized Areas) approved this date by State Highway and Public Transportation Commission action; NOW, THEREFORE, IT IS ORDERED that the Engineer-Director is directed to tender the following proposal to the City of Wichita Falls: Provided the City of Wichita Falls will: 1. Provide one hundred percent of the cost of right of way clear of obstructions and free of cost to the State with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide one hundred percent of the cost of utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. 3. Provide for the cost of construction of continuous curb and gutter, storm sewers, driveways9wa and sidewalks, etc. in accordance with applicable governing policies and regulations of the State Department of Highways and Public Transportation. 4. Upon completion of the construction of this project, maintain that portion of the work which is its responsibility in accordance with federal and state requirements, and agree to regulate traffic and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the State Department of Highways and Public Transportation. MINUTE N. 86771 - CONTINUED The State Department of Highways and Public Transportation will: 1. Provide relocation assistance as may be determined to be eligible under the Relocation Assistance Program. 2. Provide for reconstruction. Upon acceptance of the provisions of this Minute Order by the City of Wichita Falls, IT IS ORDERED that the Engineer-Director is authorized to proceed in the most feasible and economical manner with project development to include any necessary agreements, right of way acquisition, utility adjustments, relocation assistance and reconstruction at an estimated cost to the Department of $390,000 to be funded from the 1988-92 Urban System Program (Non-Major Urbanized Areas) . This Order shall became operative upon acceptance by the City of Wichita Falls; and if not accepted within 120 days of the date hereof, the action herein contained shall be automatically canceled. MINUTE NO. 86771 JANUARY 27, 1988 COPY EXHIBIT A"