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Home My WebLink AboutRES 1986-006 RESOLUTION N0. 86-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPROVING AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION RELATIVE TO BRIDGE REPLACEMENT; AUTHO- �4� RIZING THE MAYOR TO EXECUTE SAID AGREE- MENT; AND DECLARING AN EFFECTIVE DATE �� WHEREAS, the State Department of Highways and Public Transportation has approved the 1985-86 Off-State System Federal Aid Bridge Replacement and Rehabilitation Program, which includes the replacement of the Grapevine-Euless Road Bridge over Big Bear Creek in the City of Grapevine, Texas; and WHEREAS , the City of Grapevine, Texas desires to participate in the Program according to the Construction and Maintenance Agreement for Bridge Replacement or Rehabilitation Off The State System, attached hereto and made a part hereof as Exhibit "A" . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section l . That all matters stated above are found to be true and correct and are incorporated into the body of this resolution as if copied herein in their entirety. Section 2 . That the Grapevine City Council does hereby '�'� approve the Construction and Maintenance Agreement, attached as Exhibit "A" , for the replacement of the Grapevine-Euless Road �„ Bridge over Big Bear Creek and that the Mayor of the City of Grapevine is hereby authorized to execute said Agreement. Section 3 . That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 25th day of February , 1986. APPROVED: Mayor ATTEST: City Secretary ,�,� APPROVED AS TO FORM: __�_ � City Attorney EXHIBIT "A" TO RESOLUTION NO. 86-06 � 1 �«,� 1 p�• .��,'e' ' � . Y y� County Tarrant Control 902-48 Project BRO 2 (22) X Highway Grapevine-Euless Road CONSTRUCTION AI�]D MAINTEDlANCE AGREEMENT FOR BRIDGE REPLACEMENT OR REHA3ILITATION OFF THE STATE STSTEM - THIS AGREEMENT, made on the date sho4m hereinafter, by and between � the State Departrnent of Highways and Public Transportation, hereinafter � -- called the "Department", and City of Gra�vine, a local goverr�ment, or governmental agency or entity, hereinafter called the "Goverrnnental Agency" acting by and through its Mayor and by virtue of the authority shown on Exhibit A attached hereto and made a part hereof. ,�,._. WI TNESSETH . �, � WHEREAS, the Goverrmnental Agency is owner of a bridge located on a public road or street within its jurisdiction at Grapevine-Euless Road Bridge over Big Bear Creek; 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 Off-State S�st�n Federal-Aid Bridge Replac�nent and Rehabilitation Program has been approved by the State Highway and Public Transportation Commission and said bridge is � included in this program; and WHERF�AS, it is inctunbent upon the Department to assure , accompl i sl�nent of th i s Frork. A G R E E M E N T NOW, THEREFORE, in consideration of the pranises and of mutual covenants ( ' and agreements of the parties hereto to be by then respectively kept and � performed, as hereinafter set forth, it is agreed as follows: 1. The Goverrnnental Agency hereby authorizes the Department or its contracted consultant and Department's contractor to enter on the site � of said bridge and adjacent rierht of way or relocation right of way to perform surveys, inspection, contruction and other ourposes n�cessary to replace or rehabilitate said bridge and approaches. .� � 2. The Goverrttnental Agency agrees to provide, at its exoense, the necessary adjustment of any and all utilities and services, whether publicly or privately owned, as may be necessary to r�ermit the work authorized herein. Existing utilities will be adjusted in respect to location and type of installation in accordance with requirenents of the Department. -1- D-5 ' 7-85 r�—� ,,�=� 1 ��.��r. _ . . 3. T�he Cc��r�:�t�rerital Agency �g��es �:o proviCe 20� of the aGtual construction co��t of the bridge replacar.ent or rehabilitation project includine, nreliminary engineering acxj construction enc�ineerin�, or that portion of the �ost of the project not reimk�ursa'�le by the rederal Hiqhway Administration. The Goverrmental Agency further agrees to acruire, at no cost to the Departrnent, any ac3ditional riRht of way, if reauirEd. �•lithin 3C days follou�ing execution of this agre�nent the � Goverr�nental Agency agrees to nay to the Departrnent by checic ma�e payable to the State Department of Highway and Pu�lic Trans�ortation an amount �al to l00 of the estimated cost of the project. Forty-five days �rior to the De�artment's scheduled date for the contract letting, C the Goverr�nental Agency agrees to pay to the Department an amount erual to the r�naining l00 of its obligation. If, at any time �uring olan uevelo�nent or construction of the project, it is found that the �nount received is insufficient to pay the Goverr�mental Aoency's oY�liqation, then the Derartment shall i�ranediately notify the �overranental Aoency which shall promptly transmit the recsuired amount to the Department. After the project is ccmpleted, the actual cost o�ill be determir.ed by the I�erartrnent, based on its standarc� accounting procedures, and any �� ' excess fur.ds paid by the Goverrimental Agency shall be returned to the Goverrm;ental Agency. � � 4. If, after execution of the agre�ment, the Goverr�mental Agency � elects to terminate the oroject, the Goverr�iental Agency shall be resr�nsible for those eligible expenses incurrec3 by the State c•�hich are attri�utable to the project. 5. The Departrnent will prepare or Provided for the construction plans, advertise for bids and let t�e constrvction contract, or otherwise �rovide for the construction and will supervise the construction or reconstruction as reciuirec3 by the plans. The cost of ' all services �erformed by the Department t•rill be borne by others. It is - mutually agreed that as the project is developec? to the construction ' stage, both �rties shall anorove the plans by signature approval thereon, and a copy of such plans will be attached hereto, mar'r.ed ' "Exhibit B", and made a part hereof. ( 6. In the event the terms of this agreement are in conflict with ` � tre provisions of any other existiAg agreements and/cr contracts between i the Goverr�:ental Agency and the Departrnent, this anrcement shall take ', precedence over the other actreements and/or contracts. ' 7. IInon comnletion of th� nroject, the �overrTmental Ac�ency ��;rees '�' ' to accept ownershin and onerate arc' maintain the facility authorizd by ' this agre�rr,ent for the benefit of th� ru`�lic without ch�rc�e. �._,, R. The ^overrsrental Aaency agrees to indemnify the Departrnent acainst any �nd all cl aims for damac�es to ac7joininq, abuttinc� or other pror_erty for c•�hich the nepartrr.�nt is or may be liable �risir� out of, irc�ic?c�r.t to or in any manner a�sociated with or attri�ute� to the nroj�ct. -2- I� �-S 7-�S � 4 �-•.� i �.,,.,� � . , • o I�T TFSiIt�,OP1Y �^7FiFRi,OF, the rar�ies �he��a have caused these presents to hE executee:� i.n dunlicate on the c?ate herein statedo TEiE' GCVERt��'�E"ITP.L A�ENCY TH£ STATL OF TEXAS Certified as being executec', for the pur�ose and effect City of �rapevine of activatina and/or carr_ying Name of Governmental Agency out the orc'er�, esta�lised nolicies, or caork nrorrams heretofore approved and authorizec? by the State Highway and Pu!�lic Trans- � nortation C�unission. -� � � AFPROVPD: �..� $Y Mayor Deputy Director - Title of Executing Official Bate ATTF.ST: City Secretary Title ` � ,. �:<, -�- '�-5 7-�5