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R93-41 11-08-931993-95 OFF-SYSTEM BRIDGE REPLACEMENT/REHABILITATION PROGRAM EXHIBIT "A" COUNTY: Brazoria CSJ: 0912-31-055 PROJECT: ROAD/STREET: Veteran's Drive STREAM CROSSING:'~MARY"S~CREEK NBI STRUCTURE NO: AA0397001 RESOLUTION R93-41 A RESOLUTION TO ACCOMPANY THE CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN IHE CIIY 0F PEARLAND AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE REPLACEMENT OF THE STRUCTURE LISTED ABOVE. BE IT RESOLVED THAT PAUL GROHMAN, CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF PEARLAND AND TO SUBMIT SAID AGREEMENT TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR APPROPRIATE ACTION. ATTEST: APPROVED AS TO FORM: C K G~~e,j R .,~ATTORNE DI Y ORIGINAD County Brazoria CSJ 0912-31-055 Project uratX~: 1401915001 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 agpartment of Transportation, hereinafter called the "Department", and ]~a~oriaCounty C'tyof Pearland , a local government, or governmental ency or entity, hereinafter called the "Governmental Agency"acting by and through its County Judgc 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 Veter~'s Drive ; and Mary's Creek 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 1996 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 reimbursableby 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 IndirectCost 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: ~/ PAUL GROHMAN CITY MANAGER Title of Executing Official ATTEST: 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: Date: Lu i s Ybanez, P.E. :~Director of Bridges and Structures -4- D-5 12-92