HomeMy WebLinkAboutResolution 2003-040
RESOLUTION NO. 2003-040
that:
BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas,
1.
The City Manager be, and is hereby authorized to execute the attached
Agreement with the Texas Department of Transportation for Utility Relocations at Loop
820 and Rufe Snow Drive, as an act and deed of the City.
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Patncr~'ftiw~'ii, City Secretary
PASSED AND APPROVED this the 14th day of April, 2003.
Gw~
Oscar Trevino, Mayor
APPROVED AS TO CONTENT:
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Mike Curtis, . . Public Works Director
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Texas DCparl~....dt ofTransportadoa
Form D-1S-4&
Page 1 of2 Rev. 7/92
STATEMENT
(Covering Contract Work as Appears in Preliminary Estimate)
AgreemeDt No.
County:
Tarrant
ROW Account No. 9102-00-38
Federal Project No. Of 2002 (931)
Highway No. N!.oop 820
CSJ No.
0008-14-101
I, , a duly authorized and qualified representative
of, City of North Richland Hills ,hereinafter referred to as Owaer, am fully aware of the facts and make
the following statements in z:esPeCt to work which will or may be done on a cOntract basis as appears in the preliminary
~matetoq~this~=is~: .
GI
I.
It is more eConomical and lor expedient for Owaer to contract this adjustment because;
o
II.
Owuer is not adequately staffed or equipped to perfonn the necessary work on this project with
its own forces to the extend as indicated on the preliminary estimate.
PROCEDURE TO BE USED IN CONTRACl'lNG WORK
GJ
A.
Solicitation for bids is to be accomplished through open advertising and contract is to be awarded to the
lowest qualified bidder who submits a proposal-' in confonnity with the requirements and specifications
for the work to be performed.
o
B.
Solicitation for bids is to be accomplished by circularizing to a list of prequalified contractors or known
qualitJed contractors and such contract is to be awarded to the lowest qualified bidder who submits a
proposal in conformity with the requirements and specifications for the work to be perfonned. Such
presently known contractors are listed below:
l.
2.
3.
4.
5.
Texas Ikpaoba....1t ofT~
Form D-lS-4&
PIgc 2 0(2 Rev. 7/92
o
c.
The work is to be performed under an existing continuing contract under which certain work is regularly
perfonned for Owaer and under which the lowest available costs are developed. (If only part of the
contract worJc is to be done under an existing continuing contract, give detailed infonnation by
attachment hereto.)
o
D.
The utility proposes to contract outside the foregoing requirements and therefore evidence in support of
its proposal is attached to the preliminary estimate in order to obtain the concurrence of the State and the
Federal Highway Administration Division Engineer, where applicable, prior to taking action thereon
(approval of tile agreement shall be considered as approval of such proposal).
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C'+' ~AY\ Al.\ex
Title
Lf It ~ I€>3
Date
"
Texas Department ofTranspor1ation
Form D-IS-80A
Page 1 of2 Rev. 12191
Utility Joint Use Agreement
(Controlled Access Highway)
Agreement No.
TIlE STATE OF TEXAS
éoUNTY OF
Tarrant:
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County Tarrant
Federal Project No. Π2002 (931)
CSJNo. nnnR-14_101
ROW Account No. Q107.-00-38
Highway No. N Loop 820
Limits intersection at Rufe Snow
~
. .
WHEREAS, the State of Texas, hereinafter called the State, acting by and through the Texas Department of
Transportation, proposes to make certain highway improvements on that section of the above-indicated highway;
and .
WHEREAS, City of North 'Richland Hills , hereinafter called the Owner,
proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on,
along or across, and within or over such limits of the highway right of way as indicated on the plans attached to
Standard Utility Agreement as executed by Owner on the day of , 20 , or on location
sketches attached hereto except as provided hereinbelow; -
NOW, THEREFORE, it is hereby mutually agreed that joint usage for both highway and utility purposes will be
made of the area within the highway right of way limits as such area is defined and to the extent indicated on the
aforementioned plans or sketches. Where Owner by reason of ownership of an' easement or fee title or otherwise
under law has the right to alter, modify .or add to facilities presently located within the area above described or
construct additional facilities therein, suçh right is hereby retained, provided, however, if existing facilities are to
be altered or modified or new facilities constructed within said area the Owner agrees to notify the Texas
Department of Transportation prior thereto, to furnish necessary sketches showing lOcation, type of construction
and methods to be used for protection of traffic, and if, in the opinion of the Texas Department of Transportation,
such alteration, modification or new construction will injure the highway or endanger the traveling public using
said highway, the Texas Deparbnent of Transportation shall have the right, after receipt of such notice, to
prescribe such regulations as necessary for the protection of the highway facility and the traveling public using
said highway; provided further, however, that such regulations shall not extend to the requiring of the placement
of intended overhead lines underground or the routing of any lines outside of the area of joint usage above
described.
Owner hereby agrees that access for servicing its facilities normally will be limited to access via: (a) frontage
roads where provided, (b) nearby or adjacent public roads and streets or (c) traiIs along or near the highway right
of way lines, connecting only to an intersecting road; from anyone or all of which entry may be made to the outer
portion of the highway right 'of way. Where supports, manholes or other appurtenance of the Owner's facilities
are located in medians or interchange areas, acces~ to them from the through-traffic roadways or ramps will be
permitted but only permits issued by the State to the Owner setting forth the conditions for policing and other
controls to protect highway users. If an emergency situation occurs and the usual means of access for service
operations as.herein provided will not pennit the immediate action required by the Owner in making emergency
repairs as required for the safety and welfare of the public, the Owner shall have a temporary right of access to
and from the through-traffic roadways and ramps as necessary to accomplish emergency repairs.
-_._~------ --~~-_..-._---_..-._.-
TeXas Dcpart:mcm ofTl3I1sportation
Form D-1S-8OA
Page I of2 Rev. 12191
Participation in actual costs incurred by the Owner for any future adjustment, removal or relocation of utility
facilities required by highway construction shall be in accordance with and to the extent possible under applicable
laws of the State of Texas. Except as expressly provided herein, (1) the Owner's rights of access to the through-
traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public,
and (2) the Owner and the State, by execution of this agreement, do Dot waive or relinquish any right which they
may have 1D1der the law of Constitution, State or Federal.
In the event the Owner fails to comply with the requirements as set out herein, the State may take such action as
it deems appropriate to compel compliance.
By:
IN WITNESS WHEREOF, the parties hereto have affixed their signatures.
Owner: Ò~'1 \If Ñ,vth ft;....."".. Ii, lis. EXECUTION RECOMMENDED:
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District Engineer. Jexas DepartniCOt ofTraosportation
Title:
Date:
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 Texas Transportation Commission.
By:
Director of Right of Way
Texas Department of Transportation
Date:
Texas Department ofTransportation
Fonn D-15-35
Page J of3 Rev. 12191
STANDARD UTILITY AGREEMENT
Federal-aid Interstate
Agreement No.
County
Tarrant
ROW Account No. 9102-00-38
Federal Project No. .01 2002 (931)
CSJ No. 0008-14-101
Highway No. N Loop 820
Contract No.
This Agreement by and between the' State of Texas, acting by and through the Texas Transportation Commission
hereinafter calJed the Sta~ and City of North Richlànd. Hills. '
, hereinafter called the Owner, acting by and through its duly authorized
representative, shall be effective on the date of approval and execution by and on behalf of the State.
WHEREAS, the State bas deemed it necessary to make certain highway improvements on the Interstate System
as designated bÿ the State and approved by the Federal Highway Administration generally described as foUows:
County Tarrant Highway North Wop 820
located fÌ'Om intersection - Me Snc:M (t1orth of N Loop 820)
to Rufe Snc:M (south of NLoop 820) ; and
WHEREAS, the State will participate in the costs of adjusting, removing or relocating certain facilities to the
extent as may be eligible for State participation under Article 6674w-4, V.A.C.S., and which costs are eligible for
Federal participation; and
WHEREAS, the State will request Federal participation in payment of the costs incurred in the adjusting,
removing or relocatii1g of Owaer's facilities under the provisions ofFederaJ-Aid Highway Program Manual
6-6-3-1, issued by the Uiüted States Department of Transportation's Federal Highway Administration on
September 6, 1985, and amendments thereto; and
WHEREAS, execution by the State will constitute approval for the Federal Highway Administration under
authority of Paragraph 11 ofFHPM 6-6-3-1; and
WHEREAS, this proposed highway improvement will necessitate the adjustment, removal or relocation of
certain facilities of Owner as indicated in the following statement of work:
Relocation of qpproximately 556 If 16ft water line, 120 If 12ft water
line, 435 If 8ft/6" water line and 215 If 6ft sanitary sewer currently
located within pavement lirtù.ts of Rufe Snow as included in North Loop
820 project.
and such work is shown in more detaiJ in Owner's preliminary plans, specification and cost estimates which are
attached hereto and, made a part hereof, and which are prepared in the fonn and manner required by FHPM 6-
6-3-1, and amendments thereto; and
WHEREAS, the State desires to implement the adjustment, removal or relocation of Owner's facilities by
entering into an agreement with said Owner as soon as possible;
Tc::x:as Department of Transportation
FOOD 0-15-35
Page 2 of 3 Rev. 12191
NOW, THEREFORE, BE IT AGREED, the State wiD pay to the Owner the costs incurred in adjusting.
removing or relocating Owner's facilities up to the amoUnt said costs may be eligible for State participation and
which costs are eligible for Federal cost participation.
The Owaer has determined that the method to be used in developing the adjustment. removal or relocation costs
shaD be as specified for the method checked and descnòed hereinafter:
o (I) Actual direct and related indirect costs accumulated in accordance with a work order accounting
procedure prescribed by the applicable Federal or State regulatory body.
¡] (2) Actual direct and related indirect costs accumulated in accordance with an established accounting
procedure developed by the Owner and approved by the State.
o . (3) An agreed lump sum of$
attached hereto.
, as supported by the analysis of estimated cost
If costs are developed under procedure (I) or (2) as hereinbefore specified, the State will, upon satisfactory
completion of the adjustment, removal or relocation and upon receipt of a final billing prepared in the form and
maniler prescnòed by FHPM 6-6-3-1, and amendments thereto, make payment in the amount of ninety (90)
percent of ~ eligible costs as shown in the final billing prior to the required audit and after such audit shall make
final payment in an amount so that the total payments will equal the amount found eligIòle for State
reimbursement by the final audit. When requested, the State will m8ke intermediate payments at not less than
monthly intervals to OwJaer when properly billed and such payments will not exceed eighty (80) percent of the
eligtòle cost as shown in each such billing. futennediate payments sbalI not be construed as final payment for any
items included in the intermediate payment.
If costs are developed under procedµre (3) as hereinbefore specified, the State will, upon satisfactory completion
of the adjustment, removal or relocation and upon receipt of a billing prepared in acceptable forin and manner,
make payment to OwDer in the agreed amount.
Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Owner to
proceed with the necessary adjustment, removal or relocation, and the Owner agrees to prosecute such work
diligently to completion in such manner as will not result in avoidable interference or delay in either the State's
highway construction or in the said work. Such authorization to proceed shall constitute a commitment on the
part of the S~te that the utility adjustment, removal or relocation has been included in an approved program as
an item of right of way acquisition or constroction, that a project agreement which includes the work will be
executed, and that the utility adjustment, removal or relocation will be required by the fmal approved project
agreement and plans. .
Form D-15-48, enclosed with Owner's preliminary estimates attached to this agreement, is approved as
complying with Paragraph 9 ofFHPM 6-6-3-1 and ÛWDer is authorized, but not requ~ to contract such work.
The preliminary estimate will indicate the extent to which work is to be perfonned under each contract. Other
work shall be contracted by Owner only with approval of the State in accordance with FHPM 6-6-3-1.
The OwDer will carry out said adjustment, removal or relocation, accurately record the costs, and retain such
records in accordance with applicable rules, regulations and procedures and all other provisions ofFHPM 6-6-3-
I, and the costs paid by the State pursuant to this agreement shall be full compensation to Owner for all costs
incurred by Owner in making such adjustment, removal or relocation.
Texas I>cpartmc:ot ofTraospor1atÏon
Fonn 0-15-35
Page 3 of3 Rev. 12191
BiJls for work hereunder should be submitted to the State not later than ninety (90) days after completion of the
work.
In the event it is determined that a substantial change trom the statement of work contained in this agreement is
required, reimbursement therefor sbaII be limited to costs covered by a modification of this agreement or a written
change or extra work order approved by the State.
It is expressly understood that this agreement is subject to cancellation by the State at any time up to the date that
work under this agreement has been authorized and that such cancellation will not create any liability on the part
of the State.
The Owaer by execution of this agreement does not waive any of the rights which Omaer may legally have
within the limits of the Jaw.
IN WITNESS WHEREOF, the.parties hereto have affixed their signatures.
Owner:
District Eoginccr, Texas Dcpar:tw~lIt ofTransponation
EXECUTION RECOMMENDED:
By:
Title:
Date:
,\.fh¥(o?>
THE STATE OF TEXAs
Certified as being executed for the putpose and effect of
activating and/or carrying out the orders, established
policies or wodc programs heretofore approved and authorized
by the Texas Transportation Commission.
By:
Director of Right of Way
Texas Department of Transportation
Date: