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Res 124-89 8/1/1989RESOLUTION NO. 4/47f7 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND THE STATE OF TEXAS FOR CONSTRUCTION OF MAURINE STREET FROM INTERSTATE HIGHWAY 44 TO THE SHEPPARD ACCESS ROAD WHEREAS, the City of Wichita Falls wishes to construct Maurine Street from Interstate Highway 44 to the Sheppard Access Road; and, WHEREAS, the State, acting by and through it's State Highway and Public Transportation Commission, has prepared an appropriate contract between the City and the State for this construction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The enclosed agreement between the City of Wichita Falls, Texas, and the State, acting by and through it's State Highway and Public Transportation Commission, is hereby approved. PASSED AND APPROVED THIS THE 1ST DAY OF AUGUST, 1989. 4, 4 Y OR ATTEST: Gn 7Cch 4,2/ CITY CLERK CRP 89(28) M 8001-3-1 Wichita County STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this day of 1989, 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 curb, gutter, storm sewers, driveways, sidewalks, etc., and incidental items within the limits on Maurine Street from Interstate Highway No. 44 to Sheppard Access Road on Metropolitan Highway No. 890, 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 Fifty Seven Thousand Three Hundred and No/100 Dollars ($157,300.00), 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. 86769 , as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. Page 3 of 8 Pages 1- Agenda Item No, 10.c. 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 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 Fifty Seven Thousand Three Hundred and No/100 Dollars ($157,300.00), 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. 86769, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. Page 4 of 8 Pages 2-Agenda Item No. 10.c. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF WICHITA FALLS STATE OF TEXAS Party of the First Part STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION By: Party of the Second Part City Manager Certified as being executed for ATTEST: the purpose and effect of acti- vating and/or carrying out the orders, established policies, or City Clerk work programs heretofore approved and authorized by the State Highway and Public Transportation Commission under the authority of Minute Order 82513. By: Director, Contract Management Page 5 of 8 Pages 3- Agenda Item No. 10.c. WHEREAS, in WICHITA COUNTY in the City of Wichita Falls on new location, from the intersection of Maurine Street and Interstate Highway 44 to Sheppard Access Road, a distance of approximately 0.4 mile, a construction project is required; and WHEREAS, this project qualifies for the 1988-92 Urban System Program (NonMajor Urbanized Areas) approved this date by State HighwayandPublicTransportationCommissionaction; NOW, FORE, 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, driveways 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 go Jerning policies and regulations of the State Department f Highways and Public Transportation. Page 6 of 8 Pages Agenda Item No. 10.c. A s Minute No. 86769 - 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 construction. 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 construction at an estimated cost to the Department of $372,000 to be funded from the 1988-92 Urban System Program (Non-Major Urbanized Areas) . This Order shall become 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. 86769 January 27, 1988 COPY EXHIBIT A" Page 7 of 8 Pages Agenda Iten No. 10.c.