Res 1262 1/18/1972RESOLUTION NO. f
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
Midwestern Parkway Federal-Aid Urban Project, is hereby approved,
and the City Manager is authorized to execute the same for the
City.
PASSED AND APPROVED THIS THE 18th DAY OF JANUARY, 1972.
MAYOR
ATTEST:
CITY CLERK
Wichita County
Control
STATE OF TLX
COUNTY OF WICHITA X
This AGREEMENT, made this day of ,
by and between the State of Texas, acting through the Texas Highway Department,
hereinafter called 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 18th day of January
1972 , hereinafter called the "City", Party of the Second Part:
W I T N E S S E T H
WHEREAS, the State and the City wish to cooperate as evidenced in
Minute Order dated in the construction of
Midwestern Parkway from Herring Street to Armory Road, a distance of 0.76
miles, and the installation of traffic signals and controls at the intersection
of Midwestern Parkway and Jacksboro Highway (Spur 473) in the City of Wichita
Falls. 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 1, PLANS,
attached hereto and made a part thereof:
A G R E E M E N T :
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:
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The complete plans and specifications for improving Midwestern Parkway
from Herring Street to Armory Road into a four-lane divided arterial street
and installation of traffic signals and controls at the Jacksboro Highway
Spur 473) intersection, supplemented by certain essential provisions for
handling by the State, and subsequently approved by the City and the State,
as shown in EXHIBIT 2, SPECIFICATIONS, attached hereto and made a part thereof,
describe the work to be done under this agreement, in compliance and conformity
with the Texas Highway Department Standard Specifications for Road and Bridge
Construction and applicable recognized standards of American Association of
State Highway Officials and the Institute of Traffic Engineers as referred to
therein, and in conformity with other standards for materials, manufacture
and performance, as referred to in EXHIBIT 2.
D I V I S I O N O F R E S P O N S I B I L I T I E S :
1. The State will be responsible for the construction of pavement and
its support.
2. The City will furnish free of cost, all the necessary right of way
clear of all obstructions, including utility adjustments. The City shall
assume the financial responsibility for curb and gutter, sidewalks and
driveways, storm sewers, all as may be necessary for a complete project.
3. The City and the State consent to the construction of the traffic
signals at the intersection as shown listed in EXHIBIT 1, and to the location
and manner of construction as shown therein and described in EXHIBIT 2.
The State will reimburse the City for the cost of all labor, equipment,
and materials required to perform the work of installing the traffic signals
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and controls at the Jacksboro Highway (Spur 473) and Midwestern Parkway
Intersection, as provided for in the plans and specification, EXHIBITS 1
and 2. Monthly partial reimbursement and final reimbursement to the
City will be made upon receipt of properly certified Form 132 after
compliance with the following provisions:
a. The City will install all equipment and materials for the
complete signal and control system required by the plans using
Tabor and supervisory personnel employed directly by the City,
and using City-owned or leased machinery and vehicles necessary
for the work, at wage, salary and rental rates consistent with
those being paid or charged by the City for similar work on
other construction and maintenance operations being currently
carried on by the City, and subject to prior agreement between
the State and the City as to the "Labor Additive Rate" and
equipment rental schedules.
b. The City will purchase all major items of equipment and material,
such as traffic signal controllers, traffic signal poles, traffic
signal heads, vehicle detectors, conduit, multiple conductor
cable and single conductor wire, for the complete signal and
control system, 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
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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.
c. 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 and 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 provisions
of the Federal-Aid Highway Act of 1970 and regulations applicable to
this Act.
d. 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
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methods to meet the provisions of plans and specifications, and
the City will take such measures as necessary to obtain acceptable
system components and installation procedures without delay.
e. The City shall keep and furnish to the State complete and detailed
records of the cost of all labor, materials, equipment and in-
cidental items required for the complete system and its installation,
to permit an accurate final audit of the cost of the system
for which the State is to reimburse the City, and these basic
records shall be retained by the City for a sufficient length
of time to comply with the terms of the Department of Transportation,
Federal Highway Administration Policy and Procedure Memorandum 30-9.
All equipment and materials salvaged from existing signal and control
installations at the locations shown in EXHIBIT 1 shall be accounted
for, and if sold, returned to City stock or to use in signal
installations in other parts of the City, the actual depreciated
value of such items shall be accounted as a credit to this project.
The City shall make available to the State, and to any other
agency involved in the funding of this project, the complete records
covering the cost and salvage credits for all parts of the materials,
equipment and work of installation of this system of signals and
controls.
4. After completion of the project, the City shall be responsible for
signing, striping, maintenance of the pavement, its supports and all other
features necessary now or in the future to provide an adequate travel facility.
5. The City will operate and maintain the traffic signals and control
system upon completion of the installation, and will be responsible for all
costs incident thereto.
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
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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 pass and enforce any ordinances and regulations necessary
to provide for traffic operations in accordance with proper and effective
utilization of the traffic signal and control system.
8. The City will operate the control system with the objective of
increasing or optimizing the capacity and safety of traffic operations on
streets in the project area, with due regard to the needs of both urban and
highway traffic, in accordance with recognized principles of current traffic
engineering practice. Any questions that may arise concerning general
operating practices involving the system and the streets in the project
area will be negotiated by the City and the State.
9. The City will pass and enforce an ordinance eliminating angle
parking in the project area.
10. In the event the terms of this Agreement are in conflict with the
provisions of any other existing Agreements 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
lk
By
r
City Clerk City 4anager
THE STATE OF TEXAS
Certified as being executed for
the purpose and effect of acti-
vating and/or carrying out the
orders, established policies,
or work programs heretofore
approved and authorized by the
State Highway Commission under
Minute Order No. 60394
APPROVED AS TO FORM: By
Assistant State Highway Engineer
RECOMMENDED FOR APPROVAL:
General A orneyo th City
District Engineer
Chief Engineer of Highway Design
Chief Engineer of Maintenance Operations
Director, Finance