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Ordinance No. 4,23450822 -3 ORDINANCE NO. 4234 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WITH REGARD TO THE BRIDGE REPLACEMENT AND REHABILITATION PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby approves an agreement with the State Department of Highways and Public Transportation and authorizes the Mayor and City Clerk of the City of Baytown to execute and attest to said agreement with regard to the bridge replacement and rehabilitation program. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 22nd day of August, 1985. Mel MMETT O. HUT , Mayor ATTEST: 7 E LEEN P. HALL, City Clerk APPROVED: L,RANDA�L�L-4B-:S County Control Project Highway CONSTRUCTION AND MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATION OFF THE STATE SYSTEM THIS AGREEMENT, made the date Department of Highways and Public "Department ", and Baytown or governmental agency or entity, acting by and through its authority shown on Exhibit A att& Harris shown hereinafter, by and between the State Transportation, hereinafter called the a local government, hereinafter called the "Governmental Agency" and by virtue of the :hed hereto and ma e a part hereof. W I T N E S S E T H WHEREAS, the Governmental Agency is owner of a bridge located on a public road or street within its jurisdiction at W. Main St @ Goose Creek (8012 -12 -003) : 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 1985 -86 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 authorized 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 owned, as may be necessary to permit the work authorized herein. Existing uti- lities will be adjusted in respect to location and type of installation in accordance with requirements of the Department. -I- 3. The Governmental Agency agrees to provide 20%a of the actual construc- tion cost of the bridge replacement or rehabilitation project including prelimi- nary 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 Pulic Transportation an amount equal to 10% of the estimated cost of the project. Forty -five days prior to the Department's sched uled 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 obli- gation, 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, 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 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 duplicate on the day above stated. PARTY OF THE SECOND PART Name of Governmental Agency By: Title of Executing Official ATTEST: Title -3- PARTY OF THE FIRST PART Certified as being executed for the purpose and effect of acti- vating and /or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: By: Assistant Engineer - Director Executed and approved for State Highway and Public Transportation Commission under authority of Commission Minute Order No. 78501, dated May 20, 1981. RECOMMENDED FOR APPROVAL: District Engineer Chief Engineer, Highway Design Bridge Engineer County Harris 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 Baytown , a local government, or governmental agency or entity, hereinafter called the "Governmental Agency" acting by and through its v(j;q••tr,— and by virtue of the authority shown on Exhibit A at ched 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 W. Main St @ Goose Creek (8012-12-003) : 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 1985-86 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, whether publicly or privately owned, as may be necessary to permit the work authorized herein. Existing uti- lities 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 construc- tion cost of the bridge replacement or rehabilitation project including prelimi- nary 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 Pulic Transportation an amount equal to 10% of the estimated cost of the project. Forty-five days prior to the Department's sched- uled 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 obli- gation, 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, 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 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 duplicate on the day above stated. PARTY OF THE SECOND PART City of Baytown Name of Governmental Agency By: Emmett 0. Hutto Mayor Title of Executing Official ATTEST: Eileen P. Hall City Clerk Title -3- PARTY OF THE FIRST PART Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: By Deputy As' a+lt-Eflg4fleer-Director Executed -and -approved —for —State 11i ghway and- Pub1 i c-Transportation Commission -under -authority -of Commission- e- Order- flo : - i'85fl1 ; dated- : -19:/ Date i L9/iL3/85- RECOMMEN ED FOR APPROVAL: °L District Engineer Chief-Engineer;-Highway-Eesign Bridge -Engineer