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: