1999-119-AGREEMENTS FOR PRESERVATION AND ADAPTIVE REUSE OF A HISTORIC ON-STATE SYSTEM BRIDGE
RESOLUTION NO. 99-119
WHEREAS, the Texas Department of Transportation (TxDOT), in an effort to provide
adequate roads and bridges suitable for modern traffIc, has authorized the necessary funds to
construct new bridges on FM 1509 and FM 1510 in Lamar County; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of May,
1999, in Resolution 99-051, commit to retain ownership and to provide minimal maintenance of
the historic Warren trusses on FM 1509 at Cane Creek and FM 1510 at Big Pine Creek which are
being relocated to Dragon Park in the City of Paris for reuse as pedestrian bridges; and,
WHEREAS, in order for TxDOT to relocate said bridge structures to Dragon Park, it is
necessary for the City of Paris and the TxDOT to enter into Agreements for the Preservation and
Adaptive Reuse of a Historic On-State System Bridge for each of these bridge structures; and,
WHEREAS, the forms of said Agreements, attached hereto as Exhibits A and B, should,
in all things, be approved, and City Manager, Michael E. Malone, should be authorized to execute
the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the
forms of the Agreements for the Preservation and Adaptive Reuse of a Historic On-State System
Bridge with the State of Texas, acting by and through the Texas Department of Transportation
(TxDOT), for the relocation of the historic bridge structures from FM 1509 at Cane Creek and
from FM 1510 at Big Pine Creek to Dragon Park in the City of Paris, attached hereto as Exhibits
A and B, be, and the same are hereby, approved; and,
BE IT FURTHER RESOLVED, that the City Manager, Michael E. Malone, be, and he
is hereby, authorized and directed to execute, on behalf of the City of Paris, the Agreements,
under the terms and conditions and in the forms shown in Exhibits A and B, attached hereto.
PASSED AND ADOPTED this 13th day of September, 1999.
mil 11~/v4)
Mary Ann Fisher, Mayor Pro Tern
ATTEST:
, ~
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
~
-
s Corley Henderson
mg City Attorney
County Lamar
CSJ 0045-14-009
Project Brid~e Replacement
Highway FM 1509
NBI Structure No. 101
Feature Crossed Caney Creek
AGREEMENT FOR THE PRESERVATION
AND ADAPTIVE REUSE OF A HISTORIC
ON-STATE SYSTEM BRIDGE
THE STATE OF TEXAS ~
THE COUNTY OF TRA VIS ~
THIS AGREEMENT IS MADE by and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the State; and the City of Paris
, hereinafter called the Recipient, acting by and through its City
Mavor.
WITNESSETH
WHEREAS, the State owns a bridge located on a public highway located at Canev Creek on
FM 1509 in Lamar County. Texas ; and,
WHEREAS, the State has programmed and plans to effectuate a project to replace the bridge
under the on-state system federal-aid highway bridge replacement and rehabilitation program
(HBRRP); and
WHEREAS, the date for letting the highway bridge replacement project to contract construction
is tentatively scheduled for December 1999; and
WHEREAS, the existing bridge being replaced has been listed or determined eligible for listing
on the National Register of Historic Places, i.e., a "historic bridge"; and
WHEREAS, Title 23, Part 144(0) United States Code (23 USC 144(0)) established the Historic
Bridge Program to provide for the rehabilitation, reuse and preservation of historic bridges; and
WHEREAS, the Historic Blidge Program provides that any State which proposes to demolish a
historic bridge for a replacement project under the HBRRP shall make the bridge available for
donation to recipients which may be public or private entities; and
Page I of 5
Design Division
8-99(D)-2
-EXHIBIT A..4 .
WHEREAS, it is mutually agreeable between the State and Recipient for ownership of the
Historic Bridge to be assumed by the Recipient for preservation in accordance with the Historic
Bridge Program; and
WHEREAS, on the 13th day of August , 1999, the Recipient submitted a proposal to
the State evidencing its desire to assume ownership and preserve the Historic Bridge under the
provisions of the Historic Bridge Program; and
WHEREAS, the Recipient's proposal is acceptable to the State and is included as a part of this
agreement as Exhibit A.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the 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:
Article 1. Assignment of Ownership of the Historic Bridge
A. Ownership of and control over the Historic Bridge shall be assumed by the Recipient
effective at a time mutually agreed upon by the parties.
B. Retainage of ownership by the Recipient includes title and all future legal and financial
responsibility for the Historic Bridge.
Article 2. Adaptive Re-Use of the Historic Bridge
A. The Recipient agrees that the Historic Bridge shall not be used on a public road as a
vehicular traffic facility.
B. The Recipient agrees to preserve and maintain the Historic Bridge and the features that
give it its historical significance, adhering to the provisions of the U.S. Secretary of
Interior's Standards for Rehabilitation (National Park Service, 1992) hereby incorporated
by reference and made a part of this agreement as though fully set forth herein.
The Recipient further agrees to consult with the State Historic Preservation Officer
(SHPO) in the future prior to altering or renovating the Historic Bridge.
C. After completion of the modification, restoration and/or preservation work on the
Historic Bridge as described by the Recipient contained in the approved proposal
(Exhibit A), the State shall visit the site for the purpose of confirming that the work has
been accomplished.
Page 2 of 5
Design Division
8-99(D)-2
Article 3. Scope of Work and Funding
The work to be accomplished by the State is described in Exhibit B. The work to be
accomplished by the Recipient is described in Exhibit C. Exhibits Band C are attached hereto
and made parts of this agreement. Funding obligations for the State and funding obligations for
the Recipient are described in Exhibits Band C, respectively.
Article 4. Indemnification
The Recipient shall indemnify and hold harmless the State, its officers and employees, to the
extent allowable by law, from all claims and liabilities due to the activities of the Recipient, its
agents, contractors, officers and employees performed under this agreement and which result
from an error, omission or negligent act of the Recipient or any person employed or contracted
by the Recipient. The Recipient shall also indemnify and hold harmless, the State, its officers
and employees, to the extent allowable by law, from any and all expenses, including attorneys
fees which might be incurred by the State, its officers and employees in litigation or otherwise
resisting said claim or liabilities which might be imposed on the State as the result of such
activities by the Recipient, its agents or employees.
Article 5. Termination
A. This agreement may be terminated by any of the following conditions:
I. By mutual agreement and consent of all parties or by any party, upon thirty (30) days
written notice to the other parties.
2. By the State giving written notice to the Recipient as a consequence of the Recipient's
failure to satisfactorily perform the responsibilities and obligations set forth in this
agreement. Proper allowance will be made for circumstances beyond the control of the
Recipient, as determined by the State. The Recipient will be afforded ten (10) days to
remedy the breach as outlined by the State.
Where termination is required due to failure of the Recipient to perform its agreed to
responsibilities and obligations, the State may move the Historic Bridge to a temporary
site or take other action without further consultation with the Recipient. Subject to
concurrence of the SHPO, such actions may include demolition.
B. Termination of this agTeement shall extinguish all rights, duties, obligations and liabilities of
the State and Recipient under this agreement.
Article 6. Civil Rights Compliance
The Recipient agrees to comply with the Civil Rights requirements established in 49 CFR 21 and
23 CFR 71O.405(b), hereby incorporated by reference and made a part of this agreement.
Page 3 of 5
Design Division
8-99(D)-2
Article 7. Disputes
Should disputes arise as to the parties' obligations or responsibilities established in this
agreement. the State's decision shall be final and binding.
Article 8. Amendments
Any changes in the character, responsibilities or obligations established herein shall be enacted
by written amendment executed by all parties hereto.
Article 9. Gratuities
Texas Transportation Commission policy mandates that employees of the State shall not accept
any benefit, gifts, favors or gratuities from any person or business doing business with the State
under this agreement. The only exceptions allowed are ordinary business lunches and items that
have received the advance approval of the State's Executive Director. Any person or
organization doing business with the State may not make any offer of benefits, gifts, favors or
gratuities to State employees, except as mentioned hereinabove. Failure on the part of the
Recipient to adhere to this policy may result in termination of this agreement.
Article 10. Legal Construction
In case one or more provisions contained in this agreement shall for any reason be held to be
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect any other provision thereof and this shall be construed as if such invalid, illegal
or unenforceable provision had never been contained herein.
Article 11. Prior Agreements Superseded
This agreement constitutes the sole and only agreement of the parties hereto and supersedes any
prior understanding or written or oral agreements between the parties respecting the within
subject matter.
Article 12. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this agreement
on behalf of the organization or entity they represent.
Page 4 of 5
Design Division
8-99(D)-2
IN WITNESS WHEREOF, duly authorized representatives of the State and the Recipient have
signed duplicate counterparts of this agreement.
THE RECIPIENT
By:
Charles H. Neelev
Typed Name
Citv Mayor
Title
Date
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 Texas
Transportation Commission under the authority of Minute Order No. 100002.
By:
Robert L. Wilson, P.E.
Director of Design
Texas Department of Transportation
Date
Reviewed and concurred in
By:
Dianna F. Noble, P.E.
Director of Environmental Affairs
Texas Department of Transportation
Date
Page 5 of 5
Design Division
8-99(D)-2
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Pipe&: Handrail w/ chain link
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S"xS"xt/4" steel plate
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HANDRAIL DETAIL
Fasten handrails to bridge deck
using 1/2" stainless hex head
lag screws w / washers.
Treated Timber Pile
'Treated timber piles are to be furnished &: installed by T.V. Electric
as part of the compony's Annual Community Service Project
BENT DETAIL
EXHIBIT A
City of Paris
Engineering Department
DRAGON PARK
Historic Bridge Relocation
EXHIBIT B
RESPONSIBILITIES OF THE STATE
The State or the State's contractor will be responsible for the following items of work:
Removing all asphaltic material from the bridge and disposing of this material in a manner
acceptable to the State.
Removing all timber decking and timber stringers and disposing of them in a manner
acceptable to the State.
Disassembling the structure into trusses, floors beams and cross bracing.
Making any repairs to the structure that the State determines to be necessary.
Cleaning the structure to remove any and all lead paint that may be present.
Transporting the disassembled structure to Dragon Park on the campus of Paris Junior
College, in the City of Paris, Texas.
Unloading the disassembled structure onto cribbing that has been placed by the Recipient to
receive the structure.
REIMBURSEMENT OF COSTS
The cost for performing the responsibilities listed above shall be born entirely by the State,
with no reimbursement to be made to the State by the Recipient for this work.
6-29-99
EXHIBIT C
RESPONSIBILITIES OF THE RECIPIENT
The Recipient or the Recipient's contractor will be responsible for the following items of
work:
All site preparation at the receiving site, including grading, foundations, abutments, etc.
Priming and painting the bridge, including any necessary preparation.
Furnishing any necessary hardware and reassembling the bridge on the new foundation.
Furnishing and installing stringers and decking.
Constructing all necessary approach spans, handrails and other appurtenances.
REIMBURSEMENT OF COSTS
The cost for performing the responsibilities listed above shall be born entirely by the
Recipient, with no reimbursement to be made to the Recipient by the State for this work.
6-29-99
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NEW WOOD DECKING
Pipe& Handrail w/ chain link
fence- material.
6"x6"x1/4" steel plate
w/4 9/16" holes to
occomidote log screws
HANDRAIL DETAIL
Fasten handrails to bridge deck
using 1/2" stoinless hex head
log screws w/ washers.
Treated TImber Pile
'Treated timber piles ore to be furnished & installed by T.U. Electric
os port of the company's Annual Community Service Project
BENT DETAIL
EXHIBIT A
City of Paris
Engineering Department
DRAGON PARK
Historic Bridge Relocation
EXHIBIT B
RESPONSIBILITIES OF THE STATE
The State or the State's contractor will be responsible for the following items of work:
Removing all asphaltic material from the bridge and disposing of this material in a manner
acceptable to the State.
Removing all timber decking and timber stringers and disposing of them in a manner
acceptable to the State.
Disassembling the structure into trusses, floors beams and cross bracing.
Making any repairs to the structure that the State determines to be necessary.
Cleaning the structure to remove any and all lead paint that may be present.
Transporting the disassembled structure to Dragon Park on the campus of Paris Junior
College, in the City of Paris, Texas.
Unloading the disassembled structure onto cribbing that has been placed by the Recipient to
receive the structure.
REIMBURSEMENT OF COSTS
The cost for performing the responsibilities listed above shall be born entirely by the State,
with no reimbursement to be made to the State by the Recipient for this work.
6-29-99
EXHIBIT C
RESPONSIBILITIES OF THE RECIPIENT
The Recipient or the Recipient's contractor will be responsible for the following items of
work:
All site preparation at the receiving site, including grading, foundations, abutments, etc.
Priming and painting the bridge, including any necessary preparation.
Furnishing any necessary hardware and reassembling the bridge on the new foundation.
Furnishing and installing stringers and decking.
Constructing all necessary approach spans, handrails and other appurtenances.
REIMBURSEMENT OF COSTS
The cost for performing the responsibilities listed above shall be born entirely by the
Recipient, with no reimbursement to be made to the Recipient by the State for this work.
6-29-99
-.
County Lamar
CSJ 0045-15-005
Project Bridge Replacement
Highway FM 1510
NBI Structure No. 89
Feature Crossed Big Pine Creek
AGREEMENT FOR THE PRESERVATION
AND ADAPTIVE REUSE OF A HISTORIC
ON-STATE SYSTEM BRIDGE
THE STATE OF TEXAS ~
THE COUNTY OF TRA VIS ~
THIS AGREEMENT IS MADE by and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the State; and the Citv of Paris
, hereinafter called the Recipient, acting by and through its City
Mayor.
WITNESSETH
WHEREAS, the State owns a bridge located on a public highway located at Big Pine Creek on
FM 1510 in Lamar Countv. Texas ; and,
WHEREAS, the State has programmed and plans to effectuate a project to replace the bridge
under the on-state system federal-aid highway bridge replacement and rehabilitation program
(HBRRP); and
WHEREAS, the date for letting the highway bridgc replacement project to contract construction
is tentatively scheduled for December 1999; and
WHEREAS, the existing bridge being replaced has been listed or determined eligible for listing
on the National Register of Historic Places, i.e., a "historic bridge"; and
WHEREAS, Title 23, Part 144(0) United States Code (23 USC 144(0)) established the Historic
Bridge Program to provide for the rehabilitation, reuse and preservation of historic bridges; and
WHEREAS, the Historic Bridge Program provides that any State which proposes to demolish a
historic bridge for a replacement project under the HBRRP shall make the bridge available for
donation to recipients which may be public or private entities; and
Page I of 5
Design Division
8-99(D)-2
EXHIBIT B
WHEREAS, it is mutually agreeable between the State and Recipient for ownership of the
Historic Bridge to be assumed by the Recipient for preservation in accordance with the Historic
Bridge Program; and
WHEREAS, on the 13th day of August , 1999, the Recipient submitted a proposal to
the State evidencing its desire to assume ownership and preserve the Historic Bridge under the
provisions of the Historic Blidge Program; and
WHEREAS, the Recipient's proposal is acceptable to the State and is included as a part of this
agreement as Exhibit A.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the 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:
Article 1. Assignment of Ownership of the Historic Bridge
A. Ownership of and control over the Historic Bridge shall be assumed by the Recipient
effective at a time mutually agreed upon by the parties.
B. Retainage of ownership by the Recipient includes title and all future legal and financial
responsibility for the Historic Bridge.
Article 2. Adaptive Re-Use of the Historic Bridge
A. The Recipient agrees that the Historic Bridge shall not be used on a public road as a
vehicular traffic facility.
B. The Recipient agrees to preserve and maintain the Historic Bridge and the features that
give it its historical significance, adhering to the provisions of the U.S. Secretary of
Interior's Standards for Rehabilitation (National Park Service, 1992) hereby incorporated
by reference and made a part of this agreement as though fully set forth herein.
The Recipient further agrees to consult with the State Historic Preservation Officer
(SHPO) in the future prior to altering or renovating the Historic Bridge.
C. After completion of the modification, restoration and/or preservation work on the
Historic Bridge as described by the Recipient contained in the approved proposal
(Exhibit A), the State shall visit the site for the purpose of confirming that the work has
been accomplished.
Page 2 of 5
Design Division
8-99(D)-2
Article 3. Scope of Work and Funding
The work to be accomplished by the State is described in Exhibit B. The work to be
accomplished by the Recipient is described in Exhibit C. Exhibits Band C are attached hereto
and made parts of this agreement. Funding obligations for the State and funding obligations for
the Recipient are described in Exhibits Band C, respectively.
Article 4. Indemnification
The Recipient shall indemnify and hold harmless the State, its officers and employees, to the
extent allowable by law, from all claims and liabilities due to the activities of the Recipient, its
agents, contractors, officers and employees performed under this agreement and which result
from an error, omission or negligent act of the Recipient or any person employed or contracted
by the Recipient. The Recipient shall also indemnify and hold harmless, the State, its officers
and employees, to the extent allowable by law, from any and all expenses, including attorneys
fees which might be incurred by the State, its officers and employees in litigation or otherwise
resisting said claim or liabilities which might be imposed on the State as the result of such
activities by the Recipient, its agents or employees.
Article 5, Termination
A. This agreement may be terminated by any of the following conditions:
1. By mutual agreement and consent of all parties or by any party, upon thirty (30) days
written notice to the other parties.
2. By the State giving written notice to the Recipient as a consequence of the Recipient's
failure to satisfactorily perform the responsibilities and obligations set forth in this
agreement. Proper allowance will be made for circumstances beyond the control of the
Recipient, as determined by the State. The Recipient will be afforded ten (10) days to
remedy the breach as outlined by the State.
Where termination is required due to failure of the Recipient to perform its agreed to
responsibilities and obligations, the State may move the Historic Bridge to a temporary
site or take other action without further consultation with the Recipient. Subject to
concurrence of the SHPO, such actions may include demolition.
B. Termination of this agreement shall extinguish all rights, duties, obligations and liabilities of
the State and Recipient under this agreement.
Article 6. Civil Rights Compliance
The Recipient agTees to comply with the Civil Rights requirements established in 49 CFR 21 and
23 CFR 7IOA05(b), hereby incorporated by reference and made a part of this agreement.
Page 3 of 5
Design Division
8-99(D)-2
Article 7. Disputes
Should disputes arise as to the parties' obligations or responsibilities established in this
agreement, the State's decision shall be final and binding.
Article 8. Amendments
Any changes in the character, responsibilities or obligations established herein shall be enacted
by written amendment executed by all parties hereto.
Article 9. Gratuities
Texas Transportation Commission policy mandates that employees of the State shall not accept
any benefit, gifts, favors or gratuities from any person or business doing business with the State
under this agreement. The only exceptions allowed are ordinary business lunches and items that
have received the advance approval of the State's Executive Director. Any person or
organization doing business with the State may not make any offer of benefits, gifts, favors or
gratuities to State employees, except as mentioned hereinabove. Failure on the part of the
Recipient to adhere to this policy may result in termination of this agreement.
Article 10, Legal Construction
In case one or more provisions contained in this agreement shall for any reason be held to be
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect any other provision thereof and this shall be construed as if such invalid, illegal
or unenforceable provision had never been contained herein.
Article 11. Prior Agreements Superseded
This agreement constitutes the sole and only agreement of the parties hereto and supersedes any
prior understanding or written or oral agreements between the parties respecting the within
subject matter.
Article 12. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this agreement
on behalf of the organization or entity they represent.
Page 4 of 5
Design Division
8-99(D)-2
IN WITNESS WHEREOF, duly authorized representatives of the State and the Recipient have
signed duplicate counterparts of this agreement.
THE RECIPIENT
By:
Charles H. Neeley
Typed Name
City Mayor
Title
Date
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 Texas
Transportation Commission under the authority of Minute Order No. 100002.
By:
Robert L. Wilson, P.E.
Director of Design
Texas Department of Transportation
Date
Reviewed and concurred in
By:
Dianna F. Noble, P.E.
Director of Environmental Affairs
Texas Department of Transportation
Date
Page 5 of 5
Design Division
8-99(D)-2
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