Res 148-89 9/6/1989 RESOLUTION NO. d-f
RESOLUTION APPROVING CONTRACT WITH THE STATE
DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION FOR THE DESIGN OF A BRIDGE
OVER THE RELOCATED HOLLIDAY CREEK CHANNEL ON
FM 2380
WHEREAS, the City of Wichita Falls has entered into a local
cooperation agreement with the United States Government for the
construction of a project entitled, Lake Wichita/Holliday Creek
and,
WHEREAS, the agreement between the City and the United
States Government requires the City to pay for relocations
including new vehicular bridges; and,
WHEREAS, the realigned Holliday Creek Channel will require a
new bridge to be constructed on FM 2380; and,
WHEREAS, the Texas State Department of Highways and Public
Transportation desires to design the bridge at City cost and have
the bridge bid and constructed as part of the U.S. Governments
Phase III Holliday Creek Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
The attached contract between the City of Wichita Falls and
the Texas State Department of Highways and Public Transportation
for the design of the FM 2380 Holliday Creek Bridge is approved
and the City agrees to provide the necessary right-of-way, assume
the cost of utility adjustments and provide funding to the State
for the preparation of the plans and specifications.
PASSED AND APPROVED THIS THE 6TH DAY OF SEPTEMBER, 1989.
!1 Jet.... ZA �J
M A Y O R
ATTEST:
CITY tLERK
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
AGREEMENT BETWEEN THE
STATE OF TEXAS
AND
THE CITY OF WICHITA FALLS
FOR THE CONSTRUCTION OF A
BRIDGE ON FM 2380
THIS AGREEMENT, is made by and between the State of Texas, acting by and
through the State Department of Highways and Public 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 State owns and operates a system of highways, in the State of
Texas, including Farm-to-Market Road 2380 (FM 2380), in the City of Wichita
Falls , for public use and benefit; and
WHEREAS, the City desires for the construction of a bridge on FM 2380 at
the site of a proposed spillway channel for Lake Wichita, as shown in
EXHIBIT A, attached hereto, nereinafter called the Project; and
WHEREAS, the State, in acknowledging the benefits of the City's proposal ,
is agreeable to the construction of said bridge; and
WHEREAS, on the day of 19 the Wichita Falls
City Council passed—Resolution No. , attached hereto and
identified as EXHIBIT B, authorizing the ity o provide the required
right-of-way, assume the cost of the utility adjustments, and provide
funding to the State for the preparation of the plans, specification and
estimates; and
WHEREAS, the State is statutorily authorized to enter into agreements with
cities in Texas for the development of highway improvements within the
City' s incorporated limits pursuant to Article 6673b, V.T.C.S. ;
AGREEMENT
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:
i
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CONTRACT PERIOD
1. This agreement becomes effective upon execution by the State and shall
terminate upon completion and State's acceptance of the Project or
unless terminated or modified as hereinafter provided.
ACQUISITION OF RIGHT-OF-WAY
2. The City shall provide the State fee simple title free and clear of all
liens and encumbrances for all land to be used as right-of-way for the
Project. The City must comply with the requirements of Title III of
the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1910, Title 42, Section 4601, et seq . , U.S.C.A., and
documentation to support such compliance must be maintained. Title to
the right-of-way shall exclude oil , gas, and sulphur which can be
removed from beneath the surface of the land without any right in the
owners thereof for ingress or egress to or from the surface of the land
for the purpose of exploring, developing, drilling, or mining the same.
The City shall secure and provide the State easements over any other
land in addition to normal highway right-of-way as may be indicated on
the approved right-of-way map. Tne State will provide the City stan-
dard deed forms used by the State in acquiring highway rightof-way and
such forms will be used by the City when conveying title to the State.
Title to the acquired right-of-way should be secured in the name of the
State or should be conveyed to the State by the City if previously
acquired in the name of the City. Any deletions, additions, or--modifi-
cations of the forms must be approved in writing by the State.
RIGHT-OF-WAY DESCRIPTION
3. The City shall prepare right-of-way maps, property descriptions and
other data as needed to properly describe the right-of-way which the
City is to acquire and provide the State. The right-of-way maps and
property descriptions shall be submitted to the State for review and
approval . Tracings of the right-of-way maps shall be furnished to the
State for its permanent records.
DESIGN
4. The State shall , at City cost and expense, prepare complete plans,
specifications and estimates for the Project. Said plans, specifica-
tions and estimates shall conform, in general , to the State's standard
format, employing the 1982 edition of Standard Specifications for
Construction of Highways, Streets and Bridges, supp emente y such
special specifications and special provisions as may be deemed
necessary, as well as standard drawings and details normally incor-
porated by the State in the construction plans for work
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of similar character. Following their completion, copies of the plans,
specifications and estimates shall oe transmitted to the City for
review and comment. The plans and specifications, after resolution of
comments by the City and the State, are hereby adopted as the plans and
specifications covering construction of the bridge and incidental work,
and when so approved, shall be marked EXHIBIT C, attached hereto and
made a part hereof. Subsequent changes in the approved plans and spe-
cifications will not be permitted without the written consent of both
the City and the State.
UTILITY ADJUSTMENTS/RELOCATIONS
5. Tne City will , at its entire expense, provide for the utility adjust-
ments or relocations required for the construction of the Project. All
utility adjustments or relocations shall conform to the State Utility
Accommodation Policy.
CONSTRUCTION
b. The City, or its agent as authorized by the State, as contracting
agency for construction of the Project, shall advertise for bids, issue
bid proposals to bidders approved by the State, received and tabulate
bids , and, with the concurrence of the State, award a contract in
accordance with existing State laws and city regulations for the work
contemplated hereby. Should the low bid exceed the estimated cost of
the project such that the City elects not be approve award of the
construction contract, all bids will be rejected. The City shall then
have the option of readvertising the project, either with or without
plan changes, or to cancel the project in its entirety, whereupon the
State will return all funds previously furnished by the City less any
costs incurred by the State to the date abandoment is requested.
STATE CONSTRUCTION MANAGEMENT
7. The State will supervise and inspect all work performed hereunder and
provide such engineering inspection and testing services as may be
required to ensure that the construction is accomplished in accordance
with the approved plans and specifications. Upon completion and accep-
tance of the Project, the City will issue to the State a "Certificate
of Completion," acknowledging that the Project has been developed in
accordance with the approved plans, specifications and estimates. A
copy of the "as built" plans and specifications shall be attached
hereto and identified as EXHIBIT D.
TRAFFIC CONTROL
8. During construction of the Project, the City will regulate traffic and
prevent encroachment on the State's right-of-way in accordance with the
governing policies and regulations of the State.
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OWNERSHIP OF DOCUMENTS
9. Upon completion or termination of this agreement, all documents prepared
by the State or furnished to the City by the State shall be delivered
to and become the property of the State . All data prepared under this
agreement shall be made available, upon request, to the State without
restriction or limitation on their further use.
CITY FUNDING
10. A. Upon its execution and approval of this agreement, the City shall
remit a check or warrant made payable to the State Department of
Highways and Public Transportation, an amount equal to One Hundred
Tnousand Dollars (b100,000.00)) . The amount, as determined by the
State, shall include the costs incurred by the State for preparation of
the construction plans, performing the required construction manage-
ment, and other incidental costs.
B. In the event it is determined by the State that the initial amount
submitted by the City is insufficient to cover the State's costs, the
State will notify the City of the additional costs. Within not less
than fifteen (15) days from the State's written notification, the City
shall make available to the State the additional funding. Following
completion of the Project, the State will make a final accounting of
all costs in accordance with its established accounting principles.
All funds previously deposited by the City and not expended by the
State will be returned to the City.
INDEMNIFICATION
11. To the extent permitted by law, the City shall indemnify and save
harmless the State, its employees, agents and officers, from all claims
and liability due to activities of itself, its agents, contractors,
officials or employees, performed under this agreement and which result
from an error, omission, or negligent act of the City, its agents,
contractors, officials or employees . The City shall also save harmless
the State, its employees, agents, contractors or officials from any and
all expenses, including attorney fees which might be incurred by the
State in litigation or otherwise resisting said claim or liabilities
which might be imposed on the State as the result of such activities by
the City, its agents, contractors, officials or employees.
INSURANCE
12. The City shall provide necessary safeguards to protect the public on
State-maintained highways, and to save the State harmless from damages.
The City shall require any and all of its contractors engaged in
construction of the Project to maintain adequate insurance for payment
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of any damages for which they are liable. Adequate insurance, as a
minimum shall mean the City' s contractors shall furnish the State with
the State Department of Highways and Public Transportation' s
Certificate of Insurance covering the below-listed insurance coverages:
A. Worker's Compensation Insurance
Amount - Statutory
B. Commercial General Liability Insurance
Amounts - $600,000 combined single limit
each occurrence and in the
aggregate
C. Comprehensive Automobile Liability Insurance
Amounts - Bodily Injury $250,000 each person
$500,000 each occurrence
- Property Damage $100,000 each occurrence
Tne State shall be included as an "Additional Insured" by endorsement
to policies issued for coverages listed in subparagraphs b. and c.
above . A "Waiver of Subrogation Endorsement" in favor of the State
shall be a part of each policy for coverages listed in subparagraphs a,
b, and c above. The City and/or its contractors shall be responsible
for any deductions stated in the policies.
TERMINATION
13. This agreement may be terminated by any of the following conditions:
(a) By mutual agreement and consent of both parties.
(b) By either party, upon the failure of the other party to fulfill
its obligations as set forth in this agreement.-
(c) By satisfactory completion of all services and obligations
described herein.
The termination of this agreement shall extinguish all rights, duties,
obligations and liabilities of the State and the City under this
agreement. If the termination of this agreement is due to the failure
of the City to fulfill its contractual obligations, the State will
notify the City that breach of contract has occurred. Within sixty
(6U) days from the State's written notification, the City must remedy
the breach as outlined by the State. In the event the City does not
remedy the breach, the State may takeover the Project and prosecute the
work to completion. In such case, the City shall continue to be liable
to the State for its portion of the cost of the Project and any addi-
tional costs occasioned by the State.
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DISPUTES
14. Snould disputes arise as to the State's and the City's obligations under
this agreement and the circumstance in dispute can not be resolved mutually
between the parties, the matter will then be submitted to a court of proper
jurisdiction for arbitration.
O► NERSHIP AND MAINTENANCE
15. Upon completion and acceptance of the Project, the ownership of the
FM 2380 bridge shall be vested with the State. The State will assume
all responsibilities for maintenance of the FM 2380 bridge upon
completion.
APPLICABLE LAWS
16. Tne City shall comply with all federal , state, and local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any
court, or administrative bodies or tribunals in any matter affecting
the performance of this agreement.
AMENDMENTS
17. Changes in time frame, character, cost or obligations authorized herein
shall be enacted by written amendment. Any amendment to this agreement
must be executed by both parties within the contract period.
SUBLETTING
18. All subcontractors shall comply with the provision of this agreement
between the State and the City.
ASSIGNMENT AND TRANSFER OF INTEREST
19. This agreement shall bind, and shall be for the sole and exclusive
benefit of the respective parties and their legal successors. The City
shall not assign or transfer its interest in this agreement without
written consent of the State.
LEGAL CONSTRUCTION
20. In case any 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 provision thereof and this agreement shall be
construed as if such invalid, illegal , or unenforceable provision had
never been contained herein.
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SOLE AGREEMENT
21. This agreement constitutes the sole and only agreement of the parties
an prior understandings or written or oral
hereto and supersedesy p 9
agreement between the parties respecting the within subject matter.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in duplicate counterparts.
THE CITY OF WICHITA FALLS THE STATE OF TEXAS
By: Executed for the State Engineer-
Director and approved for the State
Highway and Public Transportation
Commission under the authority of
Typed Name Minute Order 82513 and Administrative
Order 15-88, for the purpose and
effect of activating and/or carrying
Title out the orders, establishing policies
or work programs heretofore approved
and authorized by the State Highway
Date and Public Transportation Commission.
By:
ATTEST: Roger G. Welsch, P. E.
Deputy Director,
Design and Construction
City Secretary
Date
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