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Res 2417 10/16/1979RESOLUTION NO. d5 44/7 RESOLUTION APPROVING AGREEMENT WITH THE STATE OF TEXAS FOR CONSTRUCTION OF CURB AND GUTTER, STORM SEWERS AND INCIDENTAL ITEMS ON VIRGINIA STREET FROM SCOTT STREET TO THIRTIETH STREET ON LOOP 473 . WHEREAS , heretofore the City of Wichita Falls approved State Highway and Public Transportation Commission Minutes numbered 69333 and 70259, whereby the Commission agreed that the State Department of Highways and Public Transportation would assist the City in reconstruction and channelization on Virginia Street from Scott Street to Thirtieth Street , provided that the City would, among other things, construct curb and gutter, storm sewers and incidental items; and, WHEREAS, the City desires that the State construct or have constructed the City ' s portion of this work. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT : That certain agreement , a copy of which is attached hereto, between the City of Wichita Falls and the State of Texas, whereby the City agrees to pay the State to construct or have constructed the City ' s portion of this work, is hereby approved and the City Manager is authorized to execute such contract for the City of Wichita Falls. PASSED AND APPROVED THIS the 16th day of October, 1979. MAYOR Attest : City Clerk I M A046(1) 249-1-18 etc. Wichita Co. STATE OF TEXAS 0 0 COUNTY Cu TRAVIS 0 THIS AGREEMENT, made this day of 1979, by and between the City of Wichita Falls, Texas, hereinafter called the "Cita", 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 and gutter, storm sewers and incidental items within the limits of Wichita Falls on Virginia Street from Scott Street to 30th Street on Loop 473, . 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 Fifty Six Thousand One Hundred and No/100 Dollars ($56,100.00), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minutes Numbered 69333 and 70259, as they apply to the City, copies of which are attached hereto and marked "Exhibit A and Exhibit B" respectively and made a part of this agreement. 1. 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 Treasurer, Account of Trust Fund No. 927 in the amount of Fifty Six Thousand One Hundred and No/100 Dollars ($56,100.00), 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 into Trust Fund No. 927. 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 condi- tions of Commission Minutes Numbered 69333 and 70259, as they apply to the City, copies of which are attached hereto and marked Exhibit A and Exhibit B" respectively and made a part of this agree- ment. 2. 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 the ATTEST: purpose and effect of activating and/ or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation City Clerk Commission: By: Asst. Engineer-Director under authority of Commission Minute 70104 Recommended for execution: State) Director, Finance 3. WHEREAS, in WICHITA COUNTY, the City of Wichita Falls has requested assistance in reconstruction of grading, structures and surfacing on Virginia Street (Loop 473) from 30th Street to U.S. Highway 287, a dis- tance o' approximately 0.6 mile; and WHEREAS, Virginia Street is included in the Urban System; and WHEREAS, it is the desire of the Texas Highway Department to assist :he City of Wichita Falls in such work; NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Wichita Falls: Provided the City will : 1 . Provide for the adjustment of utilities , the construction of continuous curb and gutter, storm sewers, driveways and side- walks, all as may be required and all in accordance with governing policies and regulations of the Highway Department. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement, and agree to regulate traffic, prohibit parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. Subject to the availability of Federal-aid Urban System funds and the eligibility of the proposed work for financing with said funds, the Texas Highway Department will : 1 . Prepare construction plans and specifications. 2. Provide for reconstruction of grading, structures and surfacing at an estimated cost of $244,900.00 as authorized in the Texas Highway Department 1974 Urban System Program. 3. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. Upnn acceptance of the provisions of this Order by the appropri- ate officials of the City of Wichita Falls, the State Highway Engineer is directed to enter into agreement with the City covering the details of the proposed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities , to proceed with construction as authorized herein in the most feasible aid economical manner. Minute No. 69333 - Continued It is understood that the City may discharge its constructionobligat' ons as outlined herein in any manner as they may elect. In theeventtheCitydesirestheStatetoincludeitsportionoftheworkintheStake's construction contract, the State Highway Engineer is herebyauthorisedtoenterintoagreementwiththeCityforsuchworkanditscostasmaybeagreedupon. This Order shall become operative upon acceptance by the City ofWichitaFallsandifnotacceptedwithin90daysofthedatehereof, theactionhereincontainedshallbeautomaticallycancelled. Minute Nc. 69333 October 1 , 1974 COPY EXHIBIT A" t WHEREAS, in WICHITA COUNTY, the City of Wichita Falls has re- quested assistance in reconstruction and channelization on Virginia Street 00p 473) from U.S. Highway 287 to East Scott Street, a distance of a )proximately 0.9 mile; and WHEREAS, Virginia Street (Loop 473) is included in the Urban Sjstem; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Wichita Falls in such work; NOW, THEREFORE, the Engineer-Director is directed to tender the following proposal to the City of Wichita Falls: P-ovided the City wi l l : 1 . Provide for the adjustment of utilities, the construction of continuous curb and gutter, storm sewers, driveways and side- walks, all as may be required and all in accordance with. governing policies and regulations of the Department. : 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement and agree:.to regulate traffic, prohibit parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. Subject to the availability of Federal-aid Urban System funds and the eligibility of the proposed work for financing with said funds, the State Department of Highways and Public Transportation will : 1 . Prepare construction plans and specifications. 2. Provide for reconstruction of grading, structures and sur- facing and channelization at an estimated cost of $415,000.00 as authorized in the 1975-1976 Urban System Program. 3. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. Upon acceptance of the provisions of this Order by the appropri- ate officials of the City of Wichita Falls, the Engineer-Director is directed to enter into any necessary agreements with the City covering the details of the proposed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsi- bilities, to proceed with construction as authorized herein in the most feasible and economical manner. Minute Nc. 70259 - Continued It is understood that the City may discharge its construction obligations as outlined herein in any manner as it may elect. In the event the City desires the State to include its portion of the work in the State's construction contract, the Engineer-Director is hereby autho- rized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Wichita Falls and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Minute Nc . 70259 August 1,1975 COPY EXHIBIT B"