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A resolution approving Amendment 3 to an intergovernmental agreement between the State of Tennessee, Department of Transportation (“TDOT”), and the Metropolitan Government of Nashville & Davidson County, by and through the Nashville Department of Transportation and Multimodal Infrastructure (“NDOT”), for the acceptance of work in connection with the construction of sidewalks on Dickerson Pike, from Douglas Avenue to Trinity Lane. Federal No. STP-M-11(84); State No. 19LPLM-F3-132, PIN 121730.00, Proposal No. 2022M-020AG-002.
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WHEREAS, RS2015-1536 approved Agreement No. 150067, an agreement between TDOT and NDOT (then-Public Works) for the construction of sidewalks along Dickerson Pike, from Douglas Avenue to Trinity Lane (“the Agreement”); and,
WHEREAS, RS2020-538 approved Amendment 1 to the Agreement, which replaced in its entirety the language of the agreement dated August 14, 2015, with the language of the Amendment 1; and,
WHEREAS, RS2022-1508 approved Amendment 2 to the Agreement, which extended the completion date of the project from May 31, 2022 to May 31, 2025; and,
WHEREAS, as set forth in Amendment 3 to the Agreement, attached hereto, the parties desire to extend the project completion date from May 31, 2025 to July 31, 2027, to allow additional time to acquire right-of-way easements and complete construction of the project; and,
WHEREAS, Tennessee Code Annotated § 12-9-104(a)(2)(b) authorizes the Metropolitan Council to approve intergovernmental agreements by resolution, and RS2022-1508 authorized approval of amendments to the Agreement by resolution; and,
WHEREAS, it is in the interest of the Metropolitan Government of Nashville and Davidson County that this Amendment 3 be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Amendment 3 to the intergovernmental agreement between the State of Tennessee, Department of Transportation, and the Metropolitan Government of Nashville and Davidson County, through the Nashville Department of Transportation and Multimodal Infrastructure, attached hereto as Exhibit A, and incorporated herein by reference, is hereby approved, and that the Metropolitan Mayor is authorized to execute the same.
Section 2. Any amendments, renewals, or extension of the terms of the agreement may be approved by resolution of the Metropolitan Council.
Section 3. That this resolution shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This resolution approves the third amendment to an intergovernmental agreement between the Tennessee Department of Transportation (“TDOT”) and the Nashville Department of Transportation and Multimodal Infrastructure (“NDOT”), previously approved by Resolution Nos. RS2015-1536, RS2020-538, and RS2022-1508. The agreement provides for the acceptance of work in connection with the construction of sidewalks on Dickerson Pike, from Douglas Avenue to Trinity Lane.
This agreement, originally approved by RS2015-1536, is for the acceptance of work in connection with the construction of sidewalks along Dickerson Road from Douglas Avenue to Trinity Lane. Amendment 1 replaced the agreement in its entirety and added language referencing applicable state law and policy to allow NDOT to use TDOT’s Local Programs procured On-Call Consultants for the provision of engineering and design related service or right-of-way acquisition services. Amendment 1 also extended the completion date of the original agreement from May 30, 2020, to May 31, 2022. Amendment 2 extended the completion date of the agreement from May 31, 2022, to May 31, 2025.
The amendment under consideration would extend the project completion date from May 31, 2025, to July 31, 2027, to allow additional time to acquire right-of-way easements and complete the construction of the project.
State law authorizes the Metropolitan Government to enter into intergovernmental agreements with the State of Tennessee by resolution. RS2022-1508 authorized approval of amendments to the Agreement by resolution.