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HomeMy WebLinkAboutResolution 1996-025 RESOLUTION NO. 96-25 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 attachedAgreement No. 5XXF6095 with the State of Texas entitled Supplemental Agreement NO.1 for the Rufe Snow DrivellH 820 Bridge Reconstruction Project, as the act and deed of the City. PASSED AND APPROVED this 8th day of April, 1996. APPROVED: ~~J Tommy Brow ayor ATTEST: Agreement No.5XXF6095 CSJ: 0008-14-086 IH 820 at Rufe Snow Drive THE STATE OF TEXAS THE COUNTY OF TARRANT SUPPLEMENTAL AGREEMENT NO. 1 FOR THE CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT FOR INTERSECTION IMPROVEMENTS This supplemental agreement to the Congestion Mitigation and Air Quality Improvement Agreement is made by and between the state of Texas, acting by and through the Director of Traffic Operations Division of the Texas Department of Transportation, hereinafter called the "state", and City of North Richland Hills, hereinafter called the "City". WHEREAS, the State and the City executed an agreement on the 9th day of February, 19~, and entered into an agreement concerning the intersection improvements under the Congestion Mitigation and Air Quality Improvement Program; and, WHEREAS, this agreement was originally prepared to establish the City's local percentage participation, allow the City to prepare or cause to be prepared the preliminary engineering, and whereby the City shall prepare right-of-way maps, etc. NOW THEREFORE, premises considered, the State and the city agree that said agreement is amended as follows: Title page 1 of 10. It has become necessary to amend the agreement to delete the participation percentages as shown on the page one. Page 3 of 10. It has become necessary to amend Article 4 of the agreement, RIGHT-OF-WAY DESCRIPTION to revise wording to allow the State to prepare right-of-way maps, etc., as follows: 4. RIGHT-OF-WAY DESCRIPTION The State shall prepare right-of-way maps, property descriptions and other data as needed to properly describe the right-of-way which the State is to acquire and provide for the Project. The right-of-way maps and property descriptLons shall be submitted to the State for approval. Tracings of the maps shall be retained by the State for its permanent records. Page 3 of 10. It has become necessary to amend Article 5 of the agreement, UTILITY ADJUSTMENTS/RELOCATIONS to revise wording to allow the State to establish the necessary utility work, etc, as follows: 5. UTILITY ADJUSTMENTS/RELOCATIONS If the required right-of-way encroaches upon existing utilities and the proposed highway construction requires the adjustment, removal or relocation of such utility facilities, the State will establish the necessary utility work in order that this work may be coordinated with the appropriate utility company. The State shall be responsible for all costs associated with the adjustment, removal or relocation of such utility facilities, and such adjustment, removal or relocation shall be in accordance with applicable State law, regulations, policies and procedures. In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the State will be responsible for all costs associated with the additional utility work. Page 3 of 10. It has become necessary to amend Article 6 of the agreement, CERTIFICATION to revise wording for the City to provide certification for environmental problems as follows: 6. CERTIFICATION The City shall provide to the State forty-five (45) days prior to the construction contract let date, a certification that all environmental problems have been remediated. Page 4 of 10. It has become necessary to amend Article 8 of the agreement, ENGINEERING SERVICES to revise wording to allow the State to prepare the preliminary engineering, etc. as follows: 8. ENGINEERING SERVICES A. The State will prepare or cause to be prepared the preliminary engineering necessary for the development of plans, specifications, and estimates, (P.S.& E.). Development of the preliminary engineering shall include an environmental assessment and holding of necessary public meetings and public hearings. B. The P.S.& E. shall be developed by the State in accordance wi th the State's latest Standard Specifications for Construction of Highways, Streets. and Bridges or its currently approved revisions. Page 4 of 10. It has become necessary to amend Article 9 of the agreement, PROJECT FUNDING, whereby the City will contribute a fixed amount of cost for the project as-follows: 9. PROJECT FUNDING A. The total costs for the construction of the Project, is estimated at $2,444,000. The City will contribute a fixed amount of $570,000 including construction engineering, contingencies, and indirect costs. B. The state will be responsible for securing the federal share of the funding required for the development and construction of the Project. The City will be responsibile for any non-Federal/State participation costs associated with the project. C. sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the City that its financial share for the construction is required. The City shall remit a check or warrant in the amount established by the State within thirty (30) days from receipt of the State's written notification to the address provided herein. D. If after the execution of the agreement the City elects to terminate the Project, the City shall be responsible for those eligible expenses incurred by the State which are attributable to the Project. Page 5 of 10. It has become necessary to amend Article 11, Paragraph A, of the agreement to assign responsibility to the State for field changes, supplemental agreement or additional work, ect. as follows: 11. CONSTRUCTION RESPONSIBILITIES A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures and applicable laws. Any field changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the State. All other terms and conditions of the contract are unchanged and remain in full force and effect. IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of this agreement. THE CITY OF NORTH RICHLAND HILLS THE STATE OF TEXAS By: ~Executed for the Executive (Name) Director and approved by the Texas Transportation ~~ Commission under the I v fa.. VOl' Authority of Stand Alone Manual (Title) Notice 95-4, for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs by the Texas Transportation Commission. 1)- 1-9& (Date) ATTEST: /'l ¡J,' l /ß,~ ~ {, City Secretary APPROVED: BY: Charles W. Heald, P.E. District Engineer DATE: