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Res 1164 3/16/1971RESOLUTION NO. /764/ 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 High- way Department, and the City of Wichita Falls, Texas, providing for the Brook Street TOPICS Project, is hereby approved, and the Mayor is authorized to execute the same for the City. PASSED AND APPROVED THIS the 16th day of March, 1971. MAYOR ATTEST: City Clerk T 9023(3) Wichita County Control STATE OF TEXAS I COUNTY OF WICHITA f This AGREEMENT, made this day of 1971, 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 day of 1971, hereinafter called the "City", Party of the Second Part: W I T N E S SETH : WHEREAS, the State and the City wish to cooperate, as evidenced in Minute Order 64019, dated July 9, 1970, in the purchase and installation of certain traffic signal and control devices under an Urban "Traffic Opera- tions Program to Increase Capacity and Safety", as set forth in the 1968 Federal Aid Highway Act, by means of a project for "Improving the Signaliza- tion, Channelization, and Expanding the Existing Computerized Traffic Control System to Provide Control of Signals on Brook Avenue and Ninth Street" as listed in EXHIBIT 1, PLANS, attached hereto and made a part hereof, in the City: 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: 1. The complete plans and specifications for improving the Signalization, Channelization, Widening, and Resurfacing the Section, and Expanding the Existing Computerized Traffic Control System to Provide Control of Signals on Brook Avenue and Ninth Street prepared by the City, 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 hereof, describe the work to be done under this agreement, in compliance and conformity with applicable recognized standards of the American Association of State Highway Officials and the Institute of Traffic Engineers as referred to therein, and in with other standards for materials, manufacture and performance, as referred to in EXHIBIT 2. 2. The City and the State hereby consent to the construction of the traffic signals at the intersections as shown listed in EXHIBIT 1, and to the location and manner of construction as shown therein and described in EXHIBIT 2. 3. The State will reimburse the City for the cost of all labor, equipment, and materials required to perform the work as provided for in the plans and specifications, EXHIBITS 1 and 2. Reimbursement to the City will be made upon receipt of properly certified Form 132. 4. The City will install all equipment and materials for the complete signal and control system, and construct all channelization, street widening and resurfacing required by the plan using labor 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 wage scale ranges and rental schedules. 3- 5. The City will purchase all major items of equipment and material, such as traffic signal controllers, traffic sinal 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 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 a 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. 6. 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 1968 and regulations applicable to this Act. 4- 7. The City will provide opportunities, facilities, and representative samples to enable the State to carry on suitable, frequent and complete inspec- tion 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 provi- sions of plans and specifications, and the City will take such measures as necessary to obtain acceptable system components and installation procedures without delay. 8. The City shall keep and furnish to the State complete and detailed records of the cost of all labor, materials, equipment and incidental items required for the complete system and its installation, to permit an accurate final accounting of the cost of the system for which the State is to reimburse the City. All equipment and materials salvaged from existing signal and con- trol 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. 9. 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. 5- 10. 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. 11. The City will pass and enforce any ordinances and regulations neces- sary to provide for traffic operations in accordance with proper and effective utilization of the traffic signal and control system. 12. The City will maintain its existing traffic engineering department which is capable of designing, operating, and maintaining the improvements covered by this agreement in a manner staisfactory to the State. 13. The City agrees that if it fails to fulfill its responsibility under Sections 11 and 12, such failure will disqualify the City from future Federal Aid participation on projects for which the City has maintenance responsibility. Federal funds are to be withheld until such time as a traffic engineering staff satisfactory to the state has been properly established and functioning, defi- ciencies in regulations have been corrected, or the traffic operation improve- ments are brought to a satisfactory condition of maintenance. 14. The City will operate the control system with the objective of in- creasing 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. 15. The City will pass and enforce an ordinance eliminating angle park- ing in the project area except angle parking, sufficiently recessed beyond the normal curb line, may remain until such time as it adversely affects safety and capacity, where capacity studies show that adequate capacity is r 6- available with angle parking. Where the capacity studies show that the capacity is not adequate the City shall, by Ordinance, cause such parking to be removed. 16. 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. 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 activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission under Minute Order No. By APPROVED AS TO FORM: Assistant State Highway Engineer RECOMMENDED FOR APPROVAL: General Attorneys for the City District Engineer Chief Engineer of Maintenance Operations Chief Engineer of Highway Design Director , Finance