Res 1389 2/20/1973RESOLUTION NO. /JSY
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 intersections at
Kell Boulevard and Grant Street, Kell Boulevard and Lawrence Road,
Fairway Boulevard and Midwestern Parkway (Call Field Road) and
Taft Boulevard and Midwestern Parkway, is hereby approved, and
the City Manager is authorized to execute the same for the City.
PASSED AND APPROVED THIS DAY OF Z-e,,:e Z-&4, 1973.
0(
2' 4/(;k1,4)2
MAYOR
ATTEST:
CITY CLERK '
Wichita County
TM 9023(2)
T 9023(8)
TM 5158(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 refired 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 day of 1973, hereinafter called the
City", Party of the Second Part.
WITNESSETH
WHEREAS, the State and the City wish to cooperate as evidence in Minute
Order 66222 dated May 1 , 1972, and Minute Order 66778 dated November 3, 1972,
in the modernization and installation of traffic signals and channelization
at the intersections of Taft Boulevard and Midwestern Parkway, Kell Boulevard
and Grant Street, Kell Boulevard and Lawrence Road, Fairway Boulevard and
Midwestern Parkway (Call Field Road) in the City of Wichita Falls. The
proposed work to be accomplished under the Federal-Aid Traffic Operation
Program to Increase Capacity and Safety, hereinafter referred to as TOPICS; and,
WHEREAS, it has been determined that such work is eligible for Federal-
Aid participation under TOPICS. The project shall be construction in accordance
with "EXHIBIT A" , Plans and Specifications, attached hereto and made a part
thereof.
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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 consider-
ation of the mutual covenants herein contained, does hereby agree to and does
hereby authorize the State to install signalization and channelization at
the locations, and 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.
CONSTRUCTION RESPONSIBILITIES. The State will (1 ) provide for the
modernization and/or installation of the requested Traffic Signals and (2)
provide for the intersection channelization.
The City will provide for the adjusting of all utilities as may be
required. The construction plans and specification will be prepared by the
City and approved by the State. The State will be responsible for the construction
of the channelization and provide for the installation of conduit, pull boxes,
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traffic signal controller foundations 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, thel.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 intersections 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
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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 .
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 and 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
signal heads, vehicle detectors , conduits, multiple conductor cable
and single conductor wire, and any other items of equipment necessary
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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,
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
and regualtions applicable to this Act.
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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 thb 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 operate and maintain the complete project, and will
be responsible for all costs incident thereto.
7. 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.
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8. The City will comply with the Special Provision "Specific Equal
Employment Opportunity Responsibilities" (000---003) included in
the specifications for the project.
TOPICS CONDITIONS
1 . The City will pass and enforce any ordinarYces and regulations necessary
to prohibit angle parking and to provide for traffic operations
in accordance with proper and effective utilization of the traffic
signal and control system.
2. 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.
3. 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.
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
By
City Clerk City Manager
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. 67022
APPROVED AS TO FORM: By
Assistant State Highway Engineer
RECOMMENDED FOR APPROVAL:
City Attorney
District Engineer
Chief Engineer of Highway Design
Chief Engineer of Maintenance Operations
Director, Finance
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