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Ordinance No. 4,893 80114-2 ORDINANCE NO. 4893 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE CONSTRUCTION AND MAINTENANCE OF §�I ® THE PARK STREET BRIDGE; 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 Texas State Department of Highways and Public Transportation and authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to said agreement for the construction and maintenance of the Park Street bridge. A copy of said contract 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 14th day of January, 1988. 4ETT 0. HUTTO, Mayor ATTEST: c EILEEN P. HALL, City Clerk 4AND6AL4L -B ® :1 : 35 : 14STA-04G, Ci Attorney C:1 : 35 : 11 80114-2a County Harris ,® Control Project H i hwa 9 Y 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 P "Department", and the City of Baytown , 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. W I T N E S S E T H WHEREAS, the Governmental Agency is the owner of a bridge located on a public road or street within its jurisdiction at Park Street at Goose Creek Branch (D01880001) ; and WHEREAS, under Title 23, United States Code as amended by the Surface ® Transportation and Uniform Relocation Assistance Act of 1987 and subsequent Federal legislation, a program entitled 1987-91 Off-State System Federal -Aid Bridge Replacement and Rehabs station Program has been approved by the State Highway and Public Transportation Commission an.d said bridge is included in this program; and WHEREAS, it is incumbent upon the Department to assure accomplishment of this work. A G R EE M E N T 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- PT 80114-2b 3. The Governmental Agency agrees to provide 20% of the actual construction lecost of .the bridge replacement or rehabilitation project, including preliminary engineering and construction engineeri-ng, 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 re- ceived 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, 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- BIT A 8-114-2c IN TESTIMONY WHEREOF, the parties hereto `have caused these presents to be executed in .duplicate 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 Baytown 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. APPROVED: Mayor By: Title of Executing Official Deputy Director, Design an Construction Date ATTEST: L Ci tv Clerk Title -3- • County Harris - - Control Pro j ect 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 Baytown a local government, or governmental agency or entity, erei na ter called the "Governmental Agency" acting by and through its avor and by virtue of the authority shown on Exhibit A attached hereto and made a part hereof. W I T N E S S E T H WHEREAS, the Governmental Agency is the owner of a bridge located on a public road or street within its jurisdiction at Park Street at Goose Creek Branch (DO1880001) and WHEREAS, under Title 23, United States Code as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987 and subsequent Federal legislation, a program entitled 1987-91 Off-State System Federal-Aid Bridge Replacement and Rehab i tat i on Program has been approve y 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. A G R E E M E N T 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- i 1 •1 • 3. The Governmental Agency agrees to provide 20% of the actual construction cost of .the br.i'dge replacement or. rehabilitation project.' *including prel imi nary engineering and construct-ion 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 obligati on. If, at any time during plan development or construction of the project, it is found that the amount re- ceived 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, 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- a IN TESTIMONY WHEREOF, the parties hereto' have caused these presents to be executed i n . duplicate_on the date herein stated. THE GOVERNMENTAL AGENCY THE STATE OF TE XAS Certified as being executed for the purpose and effect of act i- Ci ty of Baytown vat i ng 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. 6y: C APPROVED: vor 6y• 11 J_ e-�r Title o Executing Official De Dir ctor, esign an C ruction Date -- ATTEST Title -3-