Res 1886 11/27/1976e
RESOLUTION NO. //0 O
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY
OF WICHITA FALLS PROVIDING FOR THE SIGNALIZATION OF
SIX STREET INTERSECTIONS.
WHEREAS, the Board of Aldermen passed Resolutions 1590 and 1703 accepting
State Department of Highways and Public Transportation Commission Minute Orders
69330, 69331, 69332, and 70260 providing Federal-Aid Urban System funds for traffic
signal improvements in the City of Wichita Falls, Texas; and,
WHEREAS, it is in the public interest to proceed with the construction of
si nalizati on improvements that increase the operational safety of high traffic volume
intersections within the city.
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 State
of Texas, acting through the State Department of Highways and Public Transportation
and the City of Wichita. Falls, Texas, providing for the signalization of six (6) street
intersections listed as follows: (1) Midwestern Parkway at Hampstead Lane, (2)
Kemp Boulevard at Maplewood Avenue, (3) F. M. 369 at Maplewood Avenue, (4) Kell
Boulevard at Taft Boulevard, (5) Kell Boulevard at Harrison Street and (6) Kell
Boulevard at Brook Avenue, is hereby approved, and the City Manager is authorized
to execute the same for the City.
PASSED AND APPROVED THIS THE 23rd DAY OF November 1976.
M Y O R
ATTEST:
CITY CLERK
rWichitaCounty /f- '- 76
M 9023(2)
MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT
STATE OF TEXAS
COUNTY OF WICHITA
THIS AGREEMENT made this fourth day of January 1977,
by and between the State of Texas, hereinafter referred to as the "State" ,
Party of the First Part, and the City of Wichita Falls, Wichita County, Texas,
acting by and through its duly authorized officers under a resolution passed
the twenty-third day of November 1976, hereinafter called
the "City", Party of the Second Part.
WITNESSETH
WHEREAS, the State and the City wish to cooperate, as evidenced in Minute
Orders 69330, 69331 , and 69332, dated October 1 , 1974, and Minute Order 70260
dated August 1 , 1975, in the modernization of signalization at the intersections of:
Midwestern Parkway and Hampstead Lane
Kemp Boulevard and Maplewood Avenue
Kell Boulevard and Taft Boulevard
Kell Boulevard and Harrison Street
Kell Boulevard and Brook Avenue
Southwest Parkway (FM 369) and Maplewood Avenue
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WHEREAS, the proposed work is to be accomplished as an urban project
being part of the Federal-Aid Urban System as set forth in the 1973 Federal -
Aid Highway Act. The project shall be constructed in accordance with "Exhibit
A", Plans and Specifications, attached hereto and made a part thereof.
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:
PROJECT ARTHORIZATION. It is understood and agreed between the parties
hereto that the City by virtue of the provisions of its charter and the laws
of the State of Texas has primary responsibility for control over all streets
and public ways within the incorporated limits of such city, unless otherwise
modified by law or agreement, and that the City has requested and consented
to the construction of the project, and the State in construction of such
project does so at the special instance and request of the City. The City,
in consideration of the mutual covenants herein contained, does hereby agree
to and does hereby authorize the State to install traffic signalization in
the agreed on manner shown on the construction plans. It is mutually agreed
that as the project is developed to the construction stage, both parties
shall have approved plans by signature approval thereon.
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CONSTRUCTION RESPONSIBILITIES.
The City will :
1 ) Provide for the adjusting of all utilities as may be required.
2) Operate and maintain the completed project, and will be responsible
for all costs incident thereto.
3) Regulate traffic, prevent encroachment on the right of way and
prohibit all parking as provided in the Texas MUTCD.
4) Adopt and enforce such ordinances and regulations as may be necessary
for proper operation of the complete project.
The State will :
1 ) Prepare construction plans and specifications.
2) Provide for the modernization and/or installation of the requested
traffic signals.
3) Be responsible for the installation of conduit, pull boxes, traffic
signal controller foundation and signal pole foundations , all in
accordance with the plans and specifications. All the remaining
construction activities connected with the modernization and/or
installation of the traffic signals will be done by the City. The
State will pay to the City the cost of said construction on a
Force Account" basis , the specifics to be stated under Special
Conditions.
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SPECIAL CONDITIONS. The State will reimburse the City for the cost
of construction of specific traffic signals at the intersections as shown
and described in the plans and specifications, "Exhibit A" ,under a
Force Account" basis. Under said "Force Account" , payment to the City will
be made as follows :
1 . The State will reimburse the City for properly supported costs of
materials only incurred in the adjustment of their facilities under
the terms and conditions of this agreement. Labor and equipment
rental expenses will be furnished by the City free of cost to the
project. Costs incurred prior to the issuance of a written "Work
Order" by the State will not be reimbursed. Reimbursement will be
made by the State to the City for materials and traffic signal
equipment provided the City has paid from City funds their obligations
covering items of costs billed. The City will install all signal
equipment and materials for the complete signal control systems as
required by the plans at no cost to the project.
The State will pay to the City as follows :
a. Periodic Partial Payments : If the City so elects , the
State will make payment monthly as partial payments which
must include properly prepared and executed Form 132 and a
billing summarizing costs by each classification of costs
showing description, quantity, unit price, extensions and
total .
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b. Final Billing: Upon completion of the project and final
acceptance of the project by the State, if the City so
1 elects, the State will make one payment when all work is
completed and the City has submitted a final and complete
billing of all costs. This billing must include properly
prepared and excuted Form 132 and a final bill summarized
by each classification of costs showing description,
quantity, unit price with extensions and total .
Unsupported charges or charges after final acceptance by the State
will not be considered eligible for reimbursement. Prior to final
payment an audit of the records supporting the costs claimed will
be made. These records must be made available to authorized repre-
sentatives of the State and other agencies involved in the funding
of this project during the normal workday. All records relating to
this project must be maintained by the City for 3 years after receipt
of final payment from the State as required by Volume 1 , Chapter 6,
Section 2 of the Federal-Aid Highway Program Manual .
2. The City will purchase all major items of equipment and material ,
such as traffic signal controllers , traffic signal poles , traffic
signal heads , vehicle detectors, conduits, multiple conductor cable
and single conductor wire, and any other items of equipment necessary
for the proper installation of the signal systems , on competitive bids
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from at least two competent and reputable suppliers. On other items
of equipment and material , normally carried in stock by the City, the
use of City stock items will be satisfactory and the State will
reimburse the City for the cost of such items , provided (1 ) these
ite iis were purchased on competitive bids obtained from at least two
competent and reputable suppliers , (2) the cost of such stock items ,
as evidenced by paid invoices, is less than the cost of similar items
which would normally be bought at the present time on competition
bids, and (3) provided the State shall have given prior approval to
the use of these items. All equipment and materials used for the
work shall be new and undepreciated items purchased at the low bid
price submitted by approved bidders for the equipment or materials
involved.
3. The State shall make suitable, frequent, and complete inspections of
all materials, equipment, and the work of installation to determine
and permit certification that the project and its components meet
all applicable requirements of the plans and specifications for the
purpose of constituting a complete traffic signal control system,
in suitable condition for operation and maintenance by the City after
its completion. The State and the City will cooperate to provide for
inspections as required by agencies of the United States Government
in administering the previsions of the Federal-Aid Highway Act of 1968
regulations applicable to this Act or subsequent Acts.
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4. The City willy provide opportunities facilities , and representative
samples to enable the State to carry on suitable, frequent and complete
inspection .of all materials, equipment and installation methods ,
sufficient to afford determination and certification by the State
that all parts of the installations and the component materials and
equipment comply with the requirements of the approved plans and
specifications. The State will promptly notify the City of any
failure of materials, equipment or installation methods to meet the
provisions of plans and specifications , and the City will take such
measures as necessary to obtain acceptable systems , components and
installation procedures without delay.
5. All equipment and materials salvaged from existing signal and control
installations at the locations shown in "Exhibit A" shall be removed
by the City from their present locations and shall become the property
of the City.
6. The City will return any and all parts of the equipment and materials
in the system covered by this agreement to the State should they be
removed by the City for any reason other than for installation on a
State or Federal numbered highway route at a location approved by the
State.
7. The City will comply with the Special Provision "Specific Equal
Employment Opportunity Responsibilities" (000--- 1963) and Required
Contract Provisions , Federal-Aid Construction Contracts (Form PR-1273,
September, 1975) included in the specifications for the project.
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8. The City will pass and enforce any ordinances and regulations necessary
to prohibit parking and to provide for traffic operations in accordance
with proper and effective utilization of the traffic signal and control
system.
9. The City will maintain its existing traffic engineering department
which is capable of operating, and maintaining the improvements
covered by this agreement in a manner satisfactory to the State.
10. It is mutually agreed that both parties hereto shall be bound to the
provisions. of Title 49, Code of Federal Regulations, Part 21 , which
was promulgated to effectuate Title VI of the Civil Rights Act of 1964.
In the event the terms of this Agreement are in conflict with the provisions of
any other existing Agreement and/or Contracts between the City and the State,
this Agreement shall take precedence over the existing Agreements and/or
Contracts.
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IN-TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in triplicate on the day above stated.
ATTEST: CITY OF WICHITA FALLS
9 sal'-1 IF ..
City Clerk City u';pager
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders ,
established policies, or work pro-
grams heretofore approved and author-
ized by the State Highway and Public
Transportation Commission :
APPROVED AS TO FORM: g
ngineer-Director
Executed and approved for State Highway
2//r// and Public Transportation Commission
C i7 under authority of Commission MinuteCityAttorney , -/-7/ Order No. 70104, dated June 20, 1975.
RECOMMENDED FOR APPROVAL:
District Engineer
Chief Engineer of Highway Design
411011°'
le ' r. -•r of Main nance Operations
D rector, Finance
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