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:
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tõffímy Brown ayor
ATTEST:
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Cpatricia Hutson, City Secretary
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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
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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