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R87-32 12-14-87RESOLUTION N0. R87-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONSTRUCTION AND MAINTENANCE AGREE- MENT WITH STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR 1987-91 OFF-STATE SYSTEM BRIDGE REPLACEMENT AND REHABILITATION PROGRAM. BE IT RESOLVED by the City Council of the City of Pearland, Texas, that the Mayor be, and he is hereby authorized to execute for and in behalf of the City, a Construction and Maintenance Agreement with State Department of Highways and Public Transportation for 1987- 91 Off-State System Bridge Replacement and Rehabilitation Program, and attached hereto as Exhibits "A-l," "A-2," and "A-3." PAsseD and APPR0~ED this //-/ day of ~ , A. D., 1987. Mayor ATTEST: C i ty~re~ APPROVED AS TO FORM: - elloo "EXHIBIT A-1" , , County Brazoria Control Project Highway CONSTRUCTION AND MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATION OFF THE STATE SYSTEM THIS AGREEMENT, made the date shown hereinafter, by and between the State Department of Highways and Public Transportation, hereinafter called- the "Department", and The City of Pearland , a local government, or governmental agency or entity, hereinafter called the "Governmental Agency" acting by and through its Mayor and by virtue of the authority shown on Exhibit A attached hereto and made a part hereof. WITNESSETH WHEREAS, the Governmental Agency is the owner of a bridge located on a public road or street within its jurisdiction at Country Club Dr. at Clear Creek (MO0675001) : and WHEREAS, under Title 23, United States Code as amended by the Surface Transportation Assistance Act of 1978 and subsequent Federal legislation, a program entitled 1987-91 Off-State System Federal-Aid Bridge Replacement and Rehabilitation Program has been approved by the State Highway and Public Transportation Commission and said bridge is included in this program; and WHEREAS, it is incumbent upon the Department to assure accomplishment of this work. AGREEMENT NOW, THEREFORE, in consideration of the premises and of 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 Governmental Agency hereby authorizes the Department or its contracted consultant and Department' s contractor to enter on the site of said bridge and adjacent right of way or relocation right of way to perform surveys, inspection, construction and other purposes necessary to replace or rehabilitate said bridge and approaches. 2. The Governmental Agency agrees to provide, at its expense, the necessary adjustment of any and all utilities and services, within its jurisdiction whether publicly or privately owned, as may be necessary to permit the work authorized herein. Existing utilities will be adjusted in respect to location and type of installation in accordance with requirements of the Department. -1- ("7 - 3. The Governmental Agency agrees to provide 20% of the actual construction cost of the bridge replacement or rehabilitation project, including preliminary engineering and construction engineering, or that portion of the cost of the project not reimbursable by the Federal Highway Administration. The Governmental Agency further agrees to acquire, at no cost to the Department, any additional right of way, if required. Within 30 days following execution of this agreement the Governmental Agency agrees to pay to the Department by check made payable to the State Department of Highways and Public Transportation an amount equal to 10% of the estimated cost of the project. Forty-five days prior to the Department' s scheduled date for the contract letting, the Governmental Agency agrees to pay to the Department an amount equal to the remaining 10% of its obligation. If at any time during plan development or construction of the project it is found that the amount received is insufficient to pay the Governmental Agency's obligation, then the Department shall immediately notify the Governmental Agency which shall promptly transmit the required amount to the Department. After the project is completed, the actual cost will be determined by the Department, based on its standard accounting procedures, and any excess funds paid by the Governmental Agency shall be returned to the Governmental Agency. 4. If after execution of the agreement, the Governmental Agency elects to terminate the project, the Governmental Agency shall be responsible for those eligible expenses incurred by the State which are attributable to the project. .5. The Department will prepare or provide for the construction plans, advertise for bids and let the construction contract, or otherwise provide for the construction and will supervise the construction or reconstruction as required by the plans. The cost of all services performed by the Department will be borne by others. It is mutually agreed that as the project is developed to the construction stage, all parties involved shall approve the plans by signature approval thereon, and a copy of such plans will be attached hereto, marked "Exhibit B", and made a part hereof. 6. In the event the terms of this agreement are in conflict with the pro- visions of any other existing agreements and/or contracts between the Governmental Agency and the Department, this agreement shall take precedence over the other agreements and/or contracts. 7. Upon completion of the project, the Governmental Agency agrees to accept ownership and operate and maintain the facility authorized by this agreement for the benefit of the public without charge. 8. The Governmental Agency agrees to indemnify the Department against any and all claims for damages to adjoining, abutting or other property for which the Department is or may be liable arising out of, incident to or in any manner associated with or attributed to the project. -2- IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the date herein stated. THE GOVERNMENTAL AGENCY THE STATE OF TEXAS Certified as being executed for the purpose and effect of acti- City of Pearland vating and/or carrying out the Name of Governmental Agency orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: By: (---- >e),K, By: r eput • Director MAYOR �- ign and Construction Title of Executing Official Date / ATTEST: ketv CITY SECRETARY Title ' EXHIBIT "A" �' RESOLUTION NO. R87-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS , AUTHORIZING THE MAYOR TO EXECUTE A CONSTRUCTION AND MAINTENANCE AGREE- MENT WITH STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR 1987-91 OFF-STATE SYSTEM BRIDGE REPLACEMENT AND REHABILITATION PROGRAM. BE IT RESOLVED by the City Council of the City of Pearland, Texas, that the Mayor be , and he is hereby authorized to execute for and in behalf of the City, a Construction and Maintenance Agreement with State Department of Highways -and Public Transportation for 1987- 91 Off-State System Bridge Replacement and Rehabilitation Program, and attached hereto as Exhibits "A-1, " "A-2, " and "A-3 ." PASSED and APPROVED this /171 day of , A. D . , 1987. . • Mayor ATTEST: 1/4-11A44-'" City SgAretary APPROVED AS TO FORM: Cyt At n y CERTIFICATION THE STATE OF TEXAS X COUNTY OF BRAZORIA X I, Kay Krouse, City Secretary of the City of Pearland, Texas, hereby certify that the attached is a full , true, and correct copy of Resolution No . R87-32 as the same appears of record in my office in the City Hall. at Pearland, Brazoria County, Texas; that the same is kept and maintained in the ordinary course of business; and .that I am the lawful possessor and custodian of said Resolution No. R87-32 WITNESS MY HAND AND SEAL of office at my office in Pearland, Brazoria County, Texas, this the =// day of ��c1i1J A.D. , 19 (SEAL) _ KAY KROCSE CITY SECRETARY E 1 A z�� "EXHIBIT A-2" • • • County Brazoria Control Project Highway CONSTRUCTION AND MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATION OFF THE STATE SYSTEM THIS AGREEMENT, made the date shown hereinafter, by and between the State Department of Highways and Public Transportation, hereinafter called the "Department", and The City of Pearland , a local government, or governmental agency or entity, hereinafter called the "Governmental Agency" acting by and through its Mayor and by virtue of the authority shown on Exhibit A attached hereto and made a part hereof. WITNESSETH WHEREAS, the Governmental Agency is the owner• of a bridge located on a public road or street within its jurisdiction at Dixie Farm Rd. at Drainage Ditch (:1100755001) : and WHEREAS, under Title 23, United States Code as amended by the Surface Transportation Assistance Act of 1978 and subsequent Federal legislation, a program entitled 1987-91 Off-State System Federal-Aid Bridge Replacement and Rehabilitation Program has been approved by the State Highway and Public Transportation Commission and said bridge is included in this program; and WHEREAS, it is incumbent upon the Department to assure accomplishment of this work. AGREEMENT NOW, THEREFORE, in consideration of the premises and of 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 Governmental Agency hereby authorizes the Department or its contracted consultant and Department ' s contractor to enter on the site of said bridge and adjacent right of way or relocation right of way to perform surveys, inspection, construction and other purposes necessary to replace or rehabilitate said bridge and approaches. 2. The Governmental Agency agrees to provide, at its expense, the necessary adjustment of any and all utilities and services, within its jurisdiction whether publicly or privately owned, as may be necessary to permit the work authorized herein. Existing utilities will be adjusted in respect to location and type of installation in accordance with requirements of the Department. -1- 3. The Governmental Agency agrees to provide 20% of the actual construction cost of the bridge replacement or rehabilitation project, including preliminary engineering and construction engineering, or that portion of the cost of the project not reimbursable by the Federal Highway Administration. The Governmental Agency further agrees to acquire, at no cost to the Department, any additional right of way, if required. Within 30 days following execution of this agreement the Governmental Agency agrees to pay to the Department by check made payable to the State Department of Highways and Public Transportation an amount equal to 10% of the estimated cost of the project. Forty-five days prior to the Department ' s scheduled date for the contract letting, the Governmental Agency agrees to pay to the Department an amount equal to the remaining 10% of its obligation. If at any time during plan development or construction of the project it is found that the amount received is insufficient to pay the Governmental Agency's obligation, then the Department shall immediately notify theGovernmental Agency which shall promptly transmit the required amount to the Department. After the project is completed, the actual cost will be determined by the Department, based on its standard accounting procedures, and any excess funds paid by the Governmental Agency shall be returned to the Governmental Agency. 4. If after execution of the agreement, the Governmental Agency elects to terminate the project, the Governmental Agency shall be responsible for those eligible expenses incurred by the State which are attributable to the project. 5. The Department will prepare or provide for the construction plans, advertise for bids and let the construction contract, or otherwise provide for the construction and will supervise the construction or reconstruction as required by the plans. The cost of all services performed by the Department will be borne by others. It is mutually agreed that as the project is developed to the construction stage, all parties involved shall approve the plans by signature approval thereon, and a copy of such plans will be attached hereto, marked "Exhibit B", and made a part hereof. 6. In the event the terms of this agreement are in conflict with the pro- visions of any other existing agreements and/or contracts between the Governmental Agency and the Department, this agreement shall take precedence over the other agreements and/or contracts. 7. Upon completion of the project, the Governmental Agency agrees to accept ownership and operate and maintain the facility authorized by this agreement for the benefit of the public without charge. 8. The Governmental Agency agrees to indemnify the Department against any and all claims for damages to adjoining, abutting or other property for which the Department is or may be liable arising out of, incident to or in any manner associated with or attributed to the project. -2- • rJ - IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the date herein stated. THE GOVERNMENTAL AGENCY THE STATE OF TEXAS Certified as being executed for the purpose and effect of acti- City of Pearland vating and/or carrying out the Name of Governmental Agency orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: By: By: MAYOR puty irector ign and Construction Title of Executing Official Date l l01—ae ATTEST: et4-1(44._. CITY SECRETARY Title y•. EXHIBIT "A" RESOLUTION NO. R87-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONSTRUCTION AND MAINTENANCE AGREE- MENT WITH STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR 1987-91 OFF-STATE SYSTEM BRIDGE REPLACEMENT AND REHABILITATION PROGRAM. BE IT RESOLVED by the City Council of the City of Pearland, Texas, that the Mayor be , and he is hereby authorized to execute for and in behalf of the City, a Construction and Maintenance Agreement with State Department of Highways and Public Transportation for 1987- 91 Off-State System Bridge Replacement and Rehabilitation Program, and attached hereto as Exhibits "A-1, " "A-2, " and "A-3 ." PASSED and APPROVED this /1/ day of A. D. , 1987. o .0!"------)0712_Cgr-e Mayor ATTEST: City Sgretary APPROVED AS TO FORM: • C• A t n i(z • CERTIFICATION ' THE STATE OF TEXAS X COUNTY OF BRAZORIA X I, Kay Krouse, City Secretary of the City of Pearland, Texas, hereby certify that the attached is a full , true, and correct copy of Resolution No. R87-32 as the same appears of record in my office in the City Hall at Pearland, Brazoria County, Texas; that the same is kept and maintained in the ordinary course of business; and .that I am the lawful possessor and custodian of said Resolution No. R87-32 WITNESS MY HAND AND SEAL of office at my office in Pearland, Brazoria County, Texas, this the =2/ day of ,tiAj A.D. , 19 (SEAL) KAY KRO SE CITY SECRETARY EXHIBIT A 1 zz (4.') "EXHIBIT A-3" 411) - County Brazoria Control Project Highway CONSTRUCTION AND MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATION OFF THE STATE SYSTEM THIS AGREEMENT, made the date shown hereinafter, by and between the State Department of Highways and Public Transportation, hereinafter called the "Department", and The City of Pearland , a local government, or governmental agency or entity, hereinafter called the "Governmental Agency" acting by and through its Mayor and by virtue of the authority shown on Exhibit A attached hereto and made a part hereof. WITNESSETH WHEREAS, the Governmental Agency is the owner of a bridge located on a public road or street within its jurisdiction at Longherridge Dr. at Mary's Creek (MO1550001) : and WHEREAS, under Title 23, United States Code as amended by the Surface Transportation Assistance Act of 1978 and subsequent Federal legislation, a program entitled 1987-91 Off-State System ' Federal-Aid Bridge Replacement and Rehabilitation Program has been approved by the State Highway and Public Transportation Commission and said bridge is included in this program; and WHEREAS, it is incumbent upon the Department to assure accomplishment of this work. AGREEMENT NOW, THEREFORE, in consideration of the premises and of 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 Governmental Agency hereby authorizes the Department or its contracted consultant and Department' s contractor to enter on the site of said bridge and adjacent right of way or relocation right of way to perform surveys, inspection, construction and other purposes necessary to replace or rehabilitate said bridge and approaches. 2. The Governmental Agency agrees to provide, at its expense, the necessary adjustment of any and all utilities and services, within its jurisdiction whether publicly or privately owned, as may be necessary to permit the work authorized herein. Existing utilities will be adjusted in respect to location and type of installation in accordance with requirements of the Department. -1- 141115 • • 3. The Governmental Agency agrees to provide 20% of the actual construction cost of the bridge replacement or rehabilitation project, including preliminary engineering and construction engineering, or that portion of the cost of the project not reimbursable by the Federal Highway Administration. The Governmental Agency further agrees to acquire, at no cost to the Department, any additional right of way, if required. Within 30 days following execution of this agreement the Governmental Agency agrees to pay to the Department by check made payable to the State Department of Highways and Public Transportation an amount equal to 10% of the estimated cost of the project. Forty-five days prior to the Department' s scheduled date for the contract letting, the Governmental Agency agrees to pay to the Department an amount equal to the remaining 10% of its obligation. If at any time during plan development or construction of the project it is found that the amount received is insufficient to pay the Governmental Agency's obligation, then the Department shall immediately notify the Governmental Agency which shall promptly transmit the required amount to the Department. After the project is completed, the actual cost will be determined by the Department, based on its standard accounting procedures, and any excess funds paid by the Governmental Agency shall be returned to the Governmental Agency. 4. If after execution of the agreement, the Governmental Agency elects to terminate the project, the Governmental Agency shall be responsible for those eligible expenses incurred by the State which are attributable to the project. 5. The Department will prepare or provide for the construction plans, advertise for bids and let the construction contract, or otherwise provide for the construction and will supervise the construction or reconstruction as required by the plans. The cost of all services performed by the Department will be borne by others. It is mutually agreed that as the project is developed 1 to the construction stage, all parties involved shall approve the plans by signature approval thereon, and a copy of such plans will be attached hereto, marked "Exhibit B", and made a part hereof. 6. In the event the terms of this agreement are in conflict with the pro- visions of any other existing agreements and/or contracts between the Governmental Agency and the Department, this agreement shall take precedence over the other agreements and/or contracts. 7. Upon completion of the project, the Governmental Agency agrees to accept ownership and operate and maintain the facility authorized by this agreement for the benefit of the public without charge. 8. The Governmental Agency agrees to indemnify the Department against any and all claims for damages to adjoining, abutting or other property for which the Department is or may be liable arising out of, incident to or in any manner associated with or attributed to the project. -2- • IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the date herein stated. THE GOVERNMENTAL AGENCY THE STATE OF TEXAS Certified as being executed for the purpose and effect of acti- City of Pearland vating and/or carrying out the Name of Governmental Agency orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: By: epu y i i.ec or MAYOR t'ign and Construction. Title of Executing Official Date /-/,-doe ATTEST: CITY SECRETARY Title EXHIBIT "A" P RESOLUTION NO. R87-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS , AUTHORIZING THE MAYOR TO EXECUTE A CONSTRUCTION AND MAINTENANCE AGREE- MENT WITH STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR 1987-91 OFF-STATE SYSTEM BRIDGE REPLACEMENT AND REHABILITATION PROGRAM. • BE IT RESOLVED by the City Council of the City of Pearland, Texas, that the Mayor be , and he is hereby authorized to execute for and in behalf of the City, a Construction and Maintenance Agreement ' with State Department of Highways -and Public Transportation for 1987- ' 91 Off-State System Bridge Replacement and Rehabilitation Program, and attached hereto as Exhibits "A-1, " "A-2, " and "A-3 . " PASSED and APPROVED this ill day of A. D. , 1987. Mayor ATTEST: 7Z1.4r1A4-,2—' , City Steretary APPROVED AS TO FORM: / p Cyt Att n y CERTIFICATION THE STATE OF TEXAS X COUNTY OF BRAZORIA X I, Kay Krouse, City Secretary of the City of Pearland, Texas, hereby certify that the attached is a full , true, and correct copy of Resolution No . R87-32 as the same appears of record in my office in the City Hall. at Pearland, Brazoria County, Texas; that the same is kept and maintained in the ordinary course of business; and .that I am the lawful possessor , and custodian of said Resolution No. R87-32 WITNESS MY HAND AND SEAL of office at my office in Pearland, ����� Brazoria County, Texas, this the =2/ day of A.D. , 19 (SEAL) _ KAY KROUSE CITY SECRETARY EXHIBIT A Z/2