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Res 1433 7/3/1973RESOLUTION NO. /z/13 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 Texas Highway Department and the City of Wichita Falls, Texas, providing for the signalization and channelization of the intersection of Kemp Boulevard and F. M. 369 and the widening of Kemp Boulevard from F. M. 369 to near Midwestern Parkway, is hereby approved, and the City Manager is authorized to execute the same for the City. PASSED AND APPROVED THIS DAY OF 1973.L4L___ t, / ' i l,',A141/1 L .c. t MAYOR ATTEST: i i i. . e „ s i C TY E Wichita County M 5157 (1 ) MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT STATE OF TEXAS COUNTY OF WICHITA THIS AGREEMENT made this day of 1973, 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 3 rd day of u y 1973, hereinafter called the City" ,, Party of the Second Part. WITNESSETH WHEREAS, the State and the City wish to cooperate as evidenced in Minute Order 66222 dated May 1 , 1972, and Minute Order 66991 dated December 11 , 1972, in the modernization of Farm to Market Road 2380 and Kemp Boulevard from 800 feet south of Farm to Market Road 369, northward to near Midwestern Parkway, a distance of one mile. The improvements will include improving the signalization and channelization at the intersection of Farm to Market Road 2380, Farm to Market Road 369 and Kemp Boulevard, as well as the construction of additional lanes parallel to the existing roadway north of Farm to Market Road 369. 1 - 10 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 1970 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 AUTHORIZATION. 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 signalization and modernize the roadway 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. 2 - 10 CONSTRUCTION RESPONSIBILITIES. The City will : 1 ) Provide for the adjusting of all utilities as may be required. 2) Prepare construction plans and specifications and shall be approved by the State. 3) Provide for the construction of curb and gutter, storm sewers , driveways, sidewalks , etc. , all as may be required, and agree to make such installations in accordance with governing policies and regulations of the Highway Department. 4) Maintain and operate the traffic signal installation at the inter- section of Kemp Boulevard and Farm to Market Road 369, and the City will maintain and operate all the facilities constructed on Kemp Boulevard from Farm to Market Road 369 northward. 5) Regulate traffic, prevent encroachment on the right of way and prohibit all parking. 6) Adopt and enforce such ordinances and regulations as may be necessary for proper operation of the complete project. The State will : 1 ) Provide for the modernization and/or installation of the requested traffic signals. 2) Provide for the roadway improvements and 3) Be responsible for the construction of pavement and its support, which includes grading , structures, base and surface, and provide for the installation of conduit, pull boxes , traffic signal controller 3 - 10 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. SPECIAL CONDITIONS . The State will reimburse the City for the cost of construction of specific traffic signals at the intersection as shown, listed in, and as to location and manner of construction, as shown therein, 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 incurred in the adjustment of their facilities under the terms and conditions of this agreement. 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 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 system 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 payments monthly as partial payments which 4 - 10 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 . b. Final Billing: Upon completion of the project and final acceptance of the project by the State , if the City so 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 executed 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 Policy and Procedure Memorandum 30-9. 2. The City will purchase all major items of equipment and material , such as traffic signal controllers, traffic signal poles , traffic 5 - 10 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 from at least two competent and reputable suppliers. All equipment and materials for use on existing equipment may be purchased by the City from a factory authorized dealer or distributor for the original basic equipment that is being repaired, modified or additions made thereto and the State will reimburse the City for such purchases. 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 these items were purchased on competitive bids obtained from at least two competent and reputable suppliers, and 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, 6 - 10 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 provision of the Federal Aid Highway Act of 1968 regulations applicable to this Act. 4. The City will 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 installation 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 7 - 10 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---003) included in the specifications for the project. 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. Should an evaluation of the effectiveness of the project in increasing capacity and safety of streets in the project area, be required under the program for financing the proposed improvements in the Federal Highway Act of 1968 and applicable regulations pertaining to this Act, the City and State shall cooperate in collecting and analyzing the necessary data. Each party shall be responsible for its share of the cost of this evaluation. 8 - 10 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. 9 - 10 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 411Pj-..e i6.,,n.e./1= B City Clerk Opi. Man`•r 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 Commission under Minute Order No. 67022 APPROVED AS TO FORM:By Assistant State Highway Engineer 1C-? g RECOMMENDED FOR APPROVAL: i ty^A ori District Engineer Chief Engineer of Highway Design Chief Engineer of Maintenance Operations Director, Finance 10 - 10