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HomeMy WebLinkAboutResolution 1996-034 RESOLUTION NO. 96-34 Be it resolved by the City Council of the City of North Richland Hills, Texas, that 1. The Mayor be, and is hereby, authorized to execute the attached agreement with J. B. Sandlin Real Estate to upgrade the signal light at Davis Boulevard and Emerald Hills Way, as the act and deed of the City. PASSED AND APPROVED this 13th day of May, 1996. APPROVED: T~ ATTEST: (7t/Plt~ táktL.:5/hL Patricia Hutson, City Secretary APPROl2ø:?~ Rex McEntire, Attorney for the City CITY - DEVELOPER AGREEMENT For the Upgrade of an Existing Signal on FM 1938 (Davis Boulevard) at Emerald Hills Way STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS WHEREAS, the City has entered into an agreement with the State of Texas, acting by and through the Texas Department of Transportation, hereinafter referred to as the "State" and said agreement authorizes the City to proceed with the necessary construction to upgrade an existing signa/light on FM 1938 (Davis Boulevard) at Emerald Hills Way; and, WHEREAS, J. B. Sandlin Real Estate hereinafter referred to as "Developer" desires permission to upgrade the existing signal light on FM 1938 at Emerald Hills Way in connection with the development of Lot 1, Block 30, Holiday North Addition, Section 8; and, WHEREAS the Developer desires to enter into an agreement with the City of North Rich/and Hills, Texas, a municipal corporation operating under a Home Rule Charter, hereinafter referred to as "City", for permission to construct said improvements. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto do hereby agree as follows: 1. The State has granted to the City the permission to upgrade the existing signa/ as referenced above and as shown in Exhibit "A" attached hereto. The City is therefor willing to grant permission to the Developer to contract for the construction of said improvements and by this document does grant permission to proceed with securing final approved construction documents. It is understood and agreed that the State h~s not, and the City does not purport, hereby, to grant any right, claim, title or easemènt in, upon or adjacent to FM 1938. 2. The Developer shall prepare or cause to be prepared approved plans for the work incidental thereto. No construction work shall be performed on the State's right- of-way until these plans have been approved by the City and the State, and after such approval has been acknowledged in writing, no changes or alterations shall be made therein without the written approval of the City and the State. All construction to be performed shall be in accordance with the latest version of TxDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES. direct and protect vehicular traffic while the construction work is in progress. Details of these traffic control measures, conforming to the Texas Manual on Uniform Traffic Control Devices for Streets and Highways, shall be shown in the plans. If it is necessary or desirable during construction to modify the traffic control measures from those shown on the plans, prior approval must be obtained from the State's District Engineer in Fort Worth and the City's Public Works Director. 4. The Developer shall be responsible for the entire cost of all work to be performed associated with FM 1938 at Emerald Hills Way which are authorized herein. 5. Nothing contained herein shall ever be construed to place upon the City or State any liability for injury to or death of persons, or for damage to or loss of property; arising from or in any manner connected with the work authorized herein. 6. The Developer shall require the Contractor to provide for insurance as follows: A. Worker's Compensation Insurance Amount Statutory B. Comprehensive General Liability Insurance Amounts - Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence C. Comprehensive Automobile Liability Insurance Amounts - Bodily Injury $250,000 each person $500,000 each occurrence Property Damage $100,000 each occurrence The City and State shall be included as "Additional Insured" by Endorsement to policies issued for coverage listed in Band C above. Two "Waiver of Subrogation Endorsement's" in favor of the State first and the City second shall be included as a part of each policy for coverage listed in A, Band C above. The Contractor shall be responsible for any deductions stated in the policy. 7. The City shall request the State to make suitable, frequent, and complete inspection of all materials, and equipment, and construction work within the limits of the State's right-of-way in order to determine that the construction meets all applicable requirements of the plans and specifications for operation and maintenance by the State after its completion. The Developer shall require the Contractor to provide opportunities, facilities and representative samples, as may be required, to enable the City and State to carry on suitable, frequent, and complete inspection of all materials, and application methods. Inspections shall be sufficient to afford determination and certification that the construction complies with the requirements of the approved plans and specifications. The City will promptly notify the Contractor of any failure of materials, equipment or construction methods, and the Contractor will take such measures as necessary to obtain acceptable construction procedures without delay. 8. The Developer shall require the Contractor to notify the following people at least 48 hours prior to beginning the work. Mr. Cates - North Rich/and Hills Public Works Superintendent: 581-5671 Mr. Ron Newman - North Tarrant County Area Engineer: 370-6631 Mr. Robert Hooks - Northeast Tarrant County Roadway Maintenance Supervisor 283-2731 Mr. James Ward - Traffic Signal Supervisor 370-6671* * MUST BE NOTIFIED PRIOR TO BEGINNING EXCAVATION. FAILURE TO DO SO WILL RESULT IN THE IMMEDIATE REPAIR AT THE DEVELOPER'S EXPENSE. 9. The Developer shall require the Contractor to provide a minimum of 48 hours prior notification to all Utility Companies, to ensure that no conflicts exist within the project area. All utilities that exist within the project area and will be beneath the pavement as the result of this work, will be required to be adjusted beyond the roadway surface at no cost to the City. 10. This agreement may be terminated by any of the following conditions: A. By mutual written agreement and consent of both parties prior to beginning construction. B. By the City by notice in writing to the Developer as consequence of failure by the Developer or the Developer's Contractor to perform the services set forth in a satisfactory manner and within the limits provided. C. By satisfactory completion of all services and obligations described herein. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the City and Developer under this agreement. If this agreement is terminated, the existing roadway and signal shall be returned to its original cross section and condition. EXECUTED this the y day of MClY ,1996. Developer: By: RESOLUTION NO. 96-34 Be it resolved by the City Council of the City of North Richland Hills, Texas, that 1. The Mayor be, and is hereby, authorized to execute the attached agreement with J. B. Sandlin Real Estate to upgrade the signal light at Davis Boulevard and Emerald Hills Way, as the act and deed of the City. PASSED AND APPROVED this 13th day of May, 1996. APPROVED: ~ ATTEST: (7t/Plt~ táktL.:5/hL Patricia Hutson, City Secretary APPROVED~ IJ Rex McEntire, Attorney for the City CITY - DEVELOPER AGREEMENT For the Upgrade of an Existing Signal on FM 1938 (Davis Boulevard) at Emerald Hills Way STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT WHEREAS, the City has entered into an agreement with the State of Texas, acting by and through the Texas Department of Transportation, hereinafter referred to as the "State" and said agreement authorizes the City to proceed with the necessary construction to upgrade an existing signal light on FM 1938 (Davis Boulevard) at Emerald Hills Way; and, WHEREAS, J. B. Sandlin Real Estate hereinafter referred to as "Developer" desires permission to upgrade the existing signal light on FM 1938 at Emerald Hills Way in connection with the development of Lot 1, Block 30, Holiday North Addition, Section 8; and, WHEREAS the Developer desires to enter into an agreement with the City of North Richland Hills, Texas, a municipal corporation operating under a Home Rule Charter, hereinafter referred to as "City", for permission to construct said improvements. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto do hereby agree as follows: 1. The State has granted to the City the permission to upgrade the existing signal as referenced above and as shown in Exhibit "A" attached hereto. The City is therefor willing to grant permission to the Developer to contract for the construction of said improvements and by this document does grant permission to proceed with securing final approved construction documents. It is understood and agreed that the State h~s not, and the City does not purport, hereby, to grant any right, claim, title or easemènt in, upon or adjacent to FM 1938. 2. The Developer shall prepare or cause to be prepared approved plans for the work incidental thereto. No construction work shall be performed on the State's right- of-way until these plans have been approved by the City and the State, and after such approval has been acknowledged in writing, no changes or alterations shall be made therein without the written approval of the City and the State. All construction to be performed shall be in accordance with the latest version of TxDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES. direct and protect vehicular traffic while the construction work is in progress. Details of these traffic control measures, conforming to the Texas Manual on Uniform Traffic Control Devices for Streets and Highways, shall be shown in the plans. If it is necessary or desirable during construction to modify the traffic control measures from those shown on the plans, prior approval must be obtained from the State's District Engineer in Fort Worth and the City's Public Works Director. 4. The Developer shall be responsible for the entire cost of all work to be performed associated with FM 1938 at Emerald Hills Way which are authorized herein. 5. Nothing contained herein shall ever be construed to place upon the City or State any liability for injury to or death of persons, or for damage to or loss of property; arising from or in any manner connected with the work authorized herein. 6. The Developer shall require the Contractor to provide for insurance as follows: A. Worker's Compensation Insurance Amount - Statutory B. Comprehensive General Liability Insurance Amounts - Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence C. Comprehensive Automobile Liability Insurance Amounts - Bodily Injury $250,000 each person $500,000 each occurrence Property Damage $100,000 each occurrence The City and State shall be included as "Additional Insured" by Endorsement to policies issued for coverage listed in Band C above. Two "Waiver of Subrogation Endorsement's" in favor of the State first and the City second shall be included as a part of each policy for coverage listed in A, Band C above. The Contractor shall be responsible for any deductions stated in the policy. 7. The City shall request the State to make suitable, frequent, and complete inspection of all materials, and equipment, and construction work within the limits of the State's right-of-way in order to determine that the construction meets all applicable requirements of the plans and specifications for operation and maintenance by the State after its completion. The Developer shall require the Contractor to provide opportunities, facilities and representative samples, as may be required, to enable the City and State to carry on suitable, frequent, and complete inspection of all materials, and application methods. Inspections shall be sufficient to afford determination and certification that the construction complies with the requirements of the approved plans and specifications. The City will promptly notify the Contractor of any failure of materials, equipment or construction methods, and the Contractor will take such measures as necessary to obtain acceptable construction procedures without delay. 8. The Developer shall require the Contractor to notify the following people at least 48 hours prior to beginning the work. Mr. Cates - North Richland Hills Public Works Superintendent: 581-5671 Mr. Ron Newman - North Tarrant County Area Engineer: 370-6631 Mr. Robert Hooks - Northeast Tarrant County Roadway Maintenance Supervisor 283-2731 Mr. James Ward - Traffic Signal Supervisor 370-6671 * * MUST BE NOTIFIED PRIOR TO BEGINNING EXCAVATION. FAILURE TO DO SO WILL RESULT IN THE IMMEDIATE REPAIR AT THE DEVELOPER'S EXPENSE. 9. The Developer shall require the Contractor to provide a minimum of 48 hours prior notification to all Utility Companies, to ensure that no conflicts exist within the project area. All utilities that exist within the project area and will be beneath the pavement as the result of this work, will be required to be adjusted beyond the roadway surface at no cost to the City. 10. This agreement may be terminated by any of the following conditions: A. By mutual written agreement and consent of both parties prior to beginning construction. B. By the City by notice in writing to the Developer as consequence of failure by the Developer or the Developer's Contractor to perform the services set forth in a satisfactory manner and within the limits provided. C. By satisfactory completion of all services and obligations described herein. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the City and Developer under this agreement. If this agreement is terminated, the existing roadway and signal shall be returned to its original cross section and condition. EXECUTED this the y day of MQ;I 5'\:,. S~L~ ,1996. Developer: By: STATE OF TEXAS: COUNTY OF TARRANT: This instrument was acknowledged before me this 1996 by '1 . 1/ / . tdcØ·· ø~~ f/-a ð '-'day of #],,7' ~.'.. JAN WHITE (~~~~:v~ Notary Public \', 'ill{ ~J STATE OF TEXA /~" """./ My Comm. Exp. 912/97 Commission Expires: C/ - ,,2. -77 Notary's Printed Name: "JA /lJ úJlu I-e_ ATTEST: c:;7 âÚI c/ tZ- Jj/¿¿¡;jðA.. City Secretary CITY OF NORTH RICHLAND HILLS: By: ~¿..,~ Mayor APPROVED AS TO M~W- Attorney for C jty /'