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HomeMy WebLinkAboutResolution 1996-021 RESOLUTION NO. 96-21 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 the State of Texas for the pavement widening and restriping of S.H. 26 at Strummer Drive, as the act and deed of the City. PASSED AND APPROVED this 22nd day of April, 1996. APPROVED: :_~-pt ;t£.~ tõffímy Brown ayor ATTEST: Æ :_/. ~-1filt¿ '/~óðh- Cpatricia Hutson, City Secretary c _ STATE OF TEXAS § COUNTY OF TARRANT § AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF NORTH RICHLAND HILLS FOR THE PAVEMENT WIDENING AND RESTRIPIf'J"G OF S.H. 26, WITHIN THE RIGHT-OF-WAY OF STATE HIGHWAY 26 THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State", and the City of North Richland Hills, Texas and/or its representative acting by and through its authorized officials, hereinafter called the "City". ~ITNgââ~TR WHEREAS, the State owns and maintains a system of highways for public use and benefit, including a segment of State Highway 26 which lies within the City of North Richland Hills; and WHEREAS, the City desires to widen by permit an existing section of S.H. 26 at Strurrnner Drive within the right-of-way limits; and WHEREAS, the State acknowledges the common benefits of the City's proposal. Page 1 of 5 c8:~RßßMßNT 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 State grants to the City license and permission to widen and restripe as shown in Exhibit "A" attached hereto for the above mentioned section of S.H. 26 within the limits of the right of way. It is understood and agreed that the State does not purport, hereby, to grant any right, claim, title or easement in or upon State Highway 26 or the right of way upon which it is constructed. 2. The City shall prepare .ór 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 State, and after such approval has been acknowledged in writing, no changes or alterations shall be made therein without the written approval of 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. 3. The City shall provide such detours, barricades, warning signs, flares, flashing light signals and flagmen as are necessary to direct and protect vehicular traffic while the construction work, as hereinabove described to be done on the State's right of way, 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, during construction, it is necessary or desirable to modify the traffic control measures from those shown on the plans, prior approval must be obtained from the State's Area Engineer in Fort Worth. 4. The City shall be responsible for the entire cost of all work to be performed associated with S.H. 26 which are authorized herein. 5. Nothing contained herein shall ever be construed to place upon the State any liability or 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. Page 2 of 5 6. follows: Any contractor and/or City shall provide for insurance as B. Worker's Compensation Insurance Amount - Statutory Comprehensive General Liability Insurance Amounts - Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence A. C. Comprehensive Automobile Amounts - Bodily Injury Property Damage Liability Insurance $250,000 each person $500,000 each occurrence $100,000 each occurrence The State shall be included as an "Additional Insured" by Endorsement to policies issued for coverages listed in Band C above. A "Waiver of Subrogation Endorsement" in favor of the State shall be a part of each policy for coverages listed in A, Band C above. Any contractor and/or City shall be responsible for any deductions stated in the policy. 7. The State shall 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 City will provide opportunities, facilities and representative samples, as may be required, to enable the State to carryon suitable, frequent, and complete inspection of all materials, and application methods, sufficient to afford determination and certification by the State that the construction within the limits of the State's right of way complies with the requirements of the approved plans and specifications. The State will promptly notify the City of any failure of materials, equipment or construction methods, and the City will take such measures as necessary to obtain acceptable construction procedures without delay. 8. The City shall notify Mr. Ron Newman, Area Engineer, telephone number (817) 370-6631, Fort Worth, Texas, and Mr. Robert Hooks, Roadway Maintenance Supervisor V, telephone number (817) 283-2731, Euless, Texas. They should be notified at least forty- eight (48) hours prior to beginning the work on State owned right of way. Page 3 of 5 9. Mr. James Ward, Traffic Signal Supervisor, telephone number (817) 370-6671, shall be notified forty-eight (48) hours prior to beginning any excavation within the right of way in order that the State may verify the existence of any electrical wiring. Failure to provide proper notification will result in the immediate repair at the City's expense. 10. All utility companies shall be given prior notification of the pending construction 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. 11. This agreement may be terminated by any of the following conditions: (a) By mutual written agreement and consent of both parties. (b) By the State by notice in writing to the City as consequence of failure by the City to perform the services set forth in a satisfactory manner and within the limits provided. (c) By either party, upon the failure of the other party to fulfill its obligations as set forth in this agreement. (d) By satisfactory completion obligations described herein. of all services and The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and the City under this agreement. If the agreement is terminated, the existing roadway shall be returned to its original cross section and condition. 12. This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. Page 4 of 5 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF NORTH RICHLAND HILLS, TEXAS By: Torn ml 6ro¿lJ n Typed ame JV1aytJí Title 4-;;] -LJh Date ATTEST@avit¿f,i ~"'- City Secretary THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Stand Alone Manual Notice 95-4, for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. By: Charles W. Heald, P.E. Typed Name District Enqineer Title Date Page 5 of 5