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Home My WebLink AboutRes 88-01 Authorizing construction and maintenance agreement EXHIBIT A RESOLUTION NUMBER 88-01 A RESOLUTION AUTHORIZING THE CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE REPLACEMENT OF THE BRIDGE LOCATED AT RICE BOULEVARD AT NO NAME DITCH AND CONTAINING RELATED PROVISIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE. TEXAS: Section 1. That the City Council hereby approves and ,authorizes the Construction and Maintenance Agreement with the State Department of Highways and Public Transportation for the replacement of the bridge located at Rice Boulevard at No Name Ditch (F54137001). Section 2. That the form of said Agreement is shown as Exhibit "B" which is attached hereto and incorporated herein by this Reference. Section 3. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 4. If any word, phrase, clause, sentence, paragraph, section or other part'of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 5. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law. TEX.>REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this the ~ day of January , 1988. Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel Councilmembers Voting No: None Councilmembers Absent: None ~r~___ ATTEST: ~Wl~ . adr_, N, - ols . City Secr tary (SEAL) r- --" ~,. """,1111 ji; :.illl[:lili]------- County Control Project Highway CONSTRUCTION AND ,MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATION OFF THE STATE SYSTEM Harri s 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 West University Place, a local government, or governmental agency or entity, hereinafter called the "Governmental Agency" acting by and through its Cit.y Council and by virtue of the" authority shown on Exhibit A attached hereto and made a part hereof. WIT N E SSE T H WHEREAS, the Governmental Agency is the owner of a bridge located on a public road or street within' its juriSdiction at Rice Blvd. at No Name Ditch (F54137001) , ; 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 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. AG R E E ME 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 foll ows: 1. The Governmental Agency hereby authori zes 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 repl ace or rehabil itate 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- .-----~_._----------~~.-.~::-=,,:--=-'-~.,.,='''==_t---~---.--.~--'-------r".c--~=c.'" -"O---~-"T" 1 ;'III.",.r------ 3. The Gov~pnmental Agency agrees to provtde 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 payabl e 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 ls 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 compl eted, the actual cost will be determined by the Department . based on its standard account i ngprocedures, 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 respons i bl e for those eligible expenses incurred by the State which are attributable to the project. 5. The Department will prepare or provi de for the constr!-lct ion pl ans, 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 confl ict 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 cl aims for damages to adjoining, abutt ing 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- ---'------~-~-~~~--~o."""=="--. .... . _~~~-------'-_~"-=7''''O'=--.c-""''=-,---,,---cc"'O'''~ , , IN TESTIMONY WHEREOF, the parties hereto have caused these .presents to be executed in duplicate on the date herein stated. THE GOVERNMENTAL AGENCY City of West University Place Name of Governmental Agency 8Y:~~S2- ~ Mayor Title of ExecutIng Official ATTEST: ~~~ City Secretary Title Rev.d:ewed j James L. Dougherty, Jr. City Attorney -3- ~-"---"-F~<=o~ _m':=~:""'~:::Jm r'-'C - --.. -'1irL THE STATE OF TEXAS 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. Date ~ ~,if-pp ~__----'-.:.---,.;llILKI