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Home My WebLink AboutResolution - 2783 - Construction/Maintenance Agreement-TDHPT- Reconstruction, E 26Th Overpass Bridge - 03/24/1988JWF:da RESOLUTION Resolution #2783 March 24, 1988 Item #18 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City an agreement entitled "Construction and Maintenance Agreement for Bridge Replacement or Rehabilitation off the State System" to be entered into by and between said City and the Texas State Department of Highways and Public Transportation regarding reconstruction and maintenance of the East 26th Street overpass in the City of Lubbock, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. SECTION 2. Payment is hereby authorized in the amount of approximately $360,000.00 which is estimated to be the City of Lubbock's 20% share of a total cost for the bridge reconstruction of $1,800,000.00, in accordance with a letter from said State Department of Highways and Pubic Transportation to said City dated March 11, 1988. SECTION 3. Acquisition of authorized in case the need for with reconstruction of the East additional right of way is hereby such acquisition arises in connection 26th Street overpass. Passed by the City Council this 24th day of T: ty A=7 AXTENT: Larry li'man,JOY14ector of Transrtation APPROND AS _TO FORM: _ . C" F. rtn ruiiinglm, Kssistan Attorney March . 1988. B. C. McMINN, MAYOR Resolution #2783 County Control�Qn ,-F Project CRP 88 (80) X Road/Street F_ 26th St. to E. 24th St. 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 State Department of Highways and Public Transportation, hereinafter called the "Department", and a local government, or governmental agency or enti y, hereinafter called the "Governmental Agency" acting by and through its Mayor and by virtue of the authority shown on Exhibit A attac ed 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 East 26th Street to East 24th Street Crossing A.T. & S.F. RR Co 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 _ Federal -Aid System 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 cove- nants 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 necessay adjustment of any and all utilities and services, whether publicly or privately 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. -1- D-5 12-87 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. 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 received is insufficient to pay the Governmental Agency's obligation, then the Department shall imme- diately 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 respon- sible for those eligible expenses incurred by the State which are attribu- table 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 pro- ject 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 prece- dence 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- D-5 12-87 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the date herein stated. THE GOVERNMENTAL AGENCY Name of Governmental Agency THE STATE OF TEXAS 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 State Highway and Public Transportation Commission By APPROVED: BY Deput rect Design Tit a of Executing Official Cons ction Date -3- D-5 12-87 COMMISSION ROBERT H. DEDMAN, CHAIRMAN JOHN R. BUTLER, JR. RAY STOKER, JR. STATE DEPARTMENT OF HIG'. AND PUBLIC TRANSPORTA' DEWfIT C. GREER STATE HIGHWAY 1 11TH Q BRAZOS AUSTIN, TEXAS 79701-2U3 April 11, 1988 1987-91 Federal -Aid Off -System Bridge Replacement and Rehabilitation Program Lubbock County East 26th Street to East 24th Street Crossing Lubbock District (Dist. 5) Gentlemen: .14 _ _ y <7 !2- WAYS- WAYS- yENGINEER-1 ON R. E. STO' �1t'tZ' � LDG. D-5 File 242 Attached are duplicate originals of a construction -maintenance agreement with the City of Lubbock for the East 26th Street to East 24th Street Crossing. The date of the agreement is April 6; 1988. Please forward one..copy'to the City and retain the other copy in your permanent files. If we can be of assistance in the plan development for this project, please let us know. Sincerely, "Z. Luis Ybanez Bridge Engineer FF:gb Attach. cc: Highway Design Division (D-8)/with copy of agreement Finance Division (D-3)/with copy of agreement i JR. THE STATE OF TEXAS § COUNTY OF LUBBOCK § AFFIDAVIT CITY OF LUBBOCK § Before me, the undersigned authority, personally appeared Ranette Boyd, who, being by me duly sworn, deposed as follows: My name is Ranette Boyd, I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: I am the custodian of the records of the City Secretary's Office for the City of Lubbock, Texas. Attached hereto is one (1) page of record known as Resolution #2783 from permanent files. This said one (1) page of record is kept by myself as City Secretary in the regular course of business, and it was the regular course of business of the City Secretary of the City of Lubbock, Texas for an employee or representatives of the City Secretary of the City of Lubbock, Texas, with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The record attached hereto is the original or exact duplicate of the original. Affiant SWORN TO AND SUBSCRIBED before me on the -N fk day of , 1988. Y,,� Ufa W. Notary Public, State of Texas