R93-43 11-08-931993-95 OFF-SYSTEM BRIDGE REPLACEMENT/REHABILITATION PROGRAM
EXHIBIT "A"
COUNTY: Brazoria
CSJ: 0912-71-974
PROJECT:
ROAD/STREET: Dixie Farm Road
STREAM CROSSING: Clear Creek
NBI STRUCTURE NO: 8114-12-012
RESOLUTION R93-43
A RESOLUTION TO ACCOMPANY THE CONSTRUCTION AND MAINTENANCE
AGREEMENT BETWEEN The City of Pearland AND THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR THE REPLACEMENT OF THE
STRUCTURE LISTED ABOVE.
BE IT RESOLVED THAT
AUTHORIZED TO EXECUTE SAID
Pearland
PAUL GROHMAN, CII¥ MANAGER IS HEREBY
AGREEMENT ON BEHALF OF THE CITY OF
AND TO SUBMIT SAID AGREEMENT
TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR APPROPRIATE ACTION.
//~/~ ~2/ -
MAYOR
ATTEST:
DATED
APPR~~FORM~
DICK GREGG, JR.,
ORIGINAL
County Brazoria
CSJ 0912-71-974
Project
Road/Street Dixie Farm Road
NBI Structure No. 8114-12-012
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM
THIS AGREEMENT, made on the date shown hereinafter, by and between the Texas
Department of Transportation, hereinafter called the "Department", and
City of Pearland , a local government, o~ 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 owner of a bridge located on a public
road or street within its jurisdiction at Clear Creek on Dixie Farm
Road ; and
WHEREAS, under Title 23, United States Code as amended by the Intermodal
Surface Transportation Efficiency Act of 1991 and subsequent Federal legislation,
a program entitled 93-95' Off-State System Federal-Aid Bridge Replacement and
Rehabilitation Program has been approved by the Texas 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, whether publicly or privately
-1- D-5
12-92
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.
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. This amount also
includes compensation to the State for work performed under this agreement based
upon direct labor, equipment, material and other direct expenditures; and
indirect costs at the rates in effect for the fiscal years during which the work
is accomplished. The indirect cost rate will be based on the Texas Department
of Transportation's Indirect. Cost Plan. 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 Texas Department of
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 the responsibility of the Governmental Agency. It is mutually agreed that as
the project is developed to the construction stage, both parties 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
provisions 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.
-2- D-5
12-92
8. Subject to provision of governing laws, 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.
-3-
D-5
12-92
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in duplicate on the date herein stated.
THE STATE OF TEXAS
CITY OF PEARLAND, TEXAS
Name of Governmental Agency
By: ~JY~Y ~
PAUL GROHMAN
CITY MANAGER
Title of Executing Official
ATTEST:
CITY SECRETARY
Title
Certified as being executed for the
purpose and effect of activating and/or
carrying out the orders, established
policies, or work programs heretofore
approved and authorized by the Texas
Transportation Commission under the
authority of Minute Order 100002.
APPROVED:
By:
Lu i s Ybanez, P.E.
'fF~fDirector of Bridges
and Structures
Date:
D-5
12-92