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06-D Historic Bridge RelocatioDRAFT F:~Attorney~ALICE~RESWORK\CURRENT\TxDOT Historical Bridge Agreement - Heritage Park Res.wpd December 5, 2003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF THE ADVANCED FUNDING AGREEMENT FOR THE PRESERVATION AND ADAPTIVE USE OF A HISTORIC BRIDGE OFF THE STATE HIGHWAY SYSTEM BETWEEN THE CITY OF PARIS, COUNTY OF LAMAR, AND THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE RELOCATION OF A HISTORIC BRIDGE STRUCTURE FROM CR 25500, OVER ROWDY CREEK, TO HERITAGE PARK NEAR THE CHAMBER DEPOT IN THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Lamar County owns a bridge located at Rowdy Creek, on CR 25500, National Bridge Inventory Structure Number 01-139-AA0542-001; and, WHEREAS, the Texas Department of Transportation, hereinafter referred to as the State, has determined that the cited structure is structurally deficient for vehicular traffic; and, WHEREAS, a project to replace the cited deficient structure is included in the currently approved program of projects by the Texas Transportation Commission; and, WHEREAS, the Texas Historical Commission has determined that the cited structure has historical significance; and, WHEREAS, the cited structure could be used for non-vehicular traffic following minimal pedestrian element modifications (i.e. hand rails) to said structure; and, WHEREAS, placement of the existing historically significant structure in Heritage Park in the City of Paris would be beneficial to the people of all of Lamar County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City of Paris hereby accepts transfer of ownership of the cited existing bridge structure, National Bridge Inventory Structure Number 01-139-AA0542-001, from Lamar County, Texas. Section 3. That the form of the Advanced Funding Agreement Amendment for the Preservation and Adaptive Use of a Historic Bridge Off the State Highway System between the City of Paris, Lamar County, and the State of Texas, acting by and through the Texas Department of Transportation (TxDOT), for the relocation of the said historic bridge structure from CR 25500, over Rowdy Creek, to Heritage Park near the Chamber Depot in the City of Paris, attached hereto as Exhibit A, be, and the same is hereby approved. Section 4. That the City Council of the City of Paris hereby authorizes the Mayor of the City of Paris to enter into and execute said Agreement with the State and Lamar County to effect said change of ownership, relocation, and rehabilitation of the existing historically significant bridge structure. Section 5. That this resolution shall be effective from and after its date of passage. PASSED AND ADOPTED this 8th day of December, 2003. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney County: Lamar CS J: 0901-29-023 Project: BR 2001 (688) OX Road/Street: CR 542 NBI Structure No.'. 01-139-0-AA0542-001 Local Designation No.: CR 542 Feature Crossed.: Rowdy Creek STATE OF TEXAS § COUNTY OFTRAVIS § ADVANCE FUNDING AGREEMENT AMENDMENT For Bridge Replacement or Rehabilitation Off the State System: AMENDMENT FOR THE PRESERVATION AND ADAPTIVE USE OF A HISTORIC BRIDGE OFF THE STATE SYSTEM (THREE-PARTY) Amendment Number 1 THIS AMENDMENT (the Amendment) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State; and Lamar County, a political subdivision of this state, hereinafter called the Local Government, acting by and through its duly authorized officials, and City of Paris, hereinafter identified as the Recipient. WITNESSETH WHEREAS, the State and the Local Government executed an agreement on July 6, 2001 to effectuate a project to replace the bridge under the off-state system federal-aid highway bridge replacement and rehabilitation program (HBRRP); and WHEREAS, the bridge located on CR 542 at Rowdy Creek (the Historic Bridge), as described in Proiect Location Map-Attachment A, which is attached hereto and made a part hereof; was replaced and has been listed or determined eligible for listing on the National Register of Historic Places, i.e., a "historic bridge"; and WHEREAS, Title 23, Section 144(o) United States Code 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 Bridge - HB3PartyA Page I of 6 Bridge Division Modified 8/19/03 EXHIBIT 8-2001-3Off-SPL WHEREAS, it is mutually agreeable between the State and Local Government for ownership of the Historic Bridge to be reassigned to the Recipient for preservation in accordance with the Historic Bridge Program; and WHEREAS, the governing body of the Local Government has approved entering into this Agreement by resolution or ordinance which is attached hereto and made a part hereof as Attachment BI-Resolution/Ordinance of Local Government - and the Recipient has also approved entering into this Agreement by resolution or ordinance which is attached hereto and made a part hereof as Attachment B2- Resolution/Ordinance of the Recipient. WHEREAS, the Recipient submitted a proposal to the State to preserve the Historic Bridge under the provisions of the Historic Bridge Program; and WHEREAS, the Recipient'sproposal is acceptable to the State and is included as a part of this agreement as Attachment C. 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. Period of this Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided in Article 2. Article 2. Termination A. This Amendment 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 Recipient's failure to satisfactorily perform the responsibilities and obligations set forth in this Amendment. Proper allowance will be made for circumstances beyond the control of the Recipient, as determined by the State. The Recipient will be afforded thirty (30) 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. Bridge - HB3PartyA Page 2 of 6 Bridge Division Modified 8/19/03 8-2001-3Off-SPL Subject to consultation with the SHPO and concurrence of the Local Government, such actions may include demolition. B. Termination of this Amendment shall extinguish all duties, obligations and liabilities of the State and Local Government under this Amendment. Additionally, the Recipient shall not perform any actions to take over and/or remove the Historic Bridge from the existing location. The Recipient shall reimburse the State or the Local Government for any costs incurred on behalf of the recipient up to the time of termination. Article 3. Assignment of Ownership of the Historic Bridge A. Ownership of the Historic Bridge is relinquished by the Local Government and assumed by the Recipient at a time mutually agreed upon in writing by all the parties. B. Ownership by the Recipient includes full and immediate responsibility for all future legal and financial matters relating to the Historic Bridge, including compliance with applicable federal, state, and local government laws, rules, and regulations. Article 4. Adaptive Use of the Historic Bridge A. The Historic Bridge shall not be used on a public road as a vehicular traffic facility. B. The Recipient shall 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 (36 CFR 67) hereby incorporated by reference and made a part of this agreement as though fully set forth herein. The Recipient shall consult with the State Historic Preservation Officer (SHPO) in the future prior to altering, renovating, or transferring ownership of the Historic Bridge. C. After completion of the modification, restoration and/or preservation work on the Historic Bridge as described by the Recipient and contained in the approved proposal (Attachment C), the State will visit the site solely for the purpose of confirming that the work has been accomplished. Article 5. Scope of Work and Funding ^. The work to be accomplished by the Recipient is described in Attachment C. Attachment C is attached hereto and made part of this agreement. Funding obligations for the State and funding obligations for the Recipient are described in Attachment C. Bridge - HB3PartyA Page 3 of 6 Bridge Division Modified 8/19/03 8-2001-3Off-SPL B. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. C. The scope of work for this Amendment is the relocation and rehabilitation of the historic bridge identified in the recitals of this Agreement. This relocation and rehabilitation shall be accomplished in the manner described in the plans, specifications and estimates developed in accordance with this Amendment and which are incorporated herein by reference. Article 6. Architectural and Engineering Services will be Provided by the Recipient The Recipient is responsible for performance of any required architectural or preliminary engineering work, construction and rehabilitation to the historic bridge. Article 7. Project Maintenance The Recipient shall retain full ownership, and operate and maintain the facilities in accordance with the requirements for historic bridge structures. This covenant shall survive the completion of construction under this Amendment. Article 8. Local Project Sources and Uses of Funds The State will reimburse the Recipient up to $10,000 for the relocation and rehabilitation of the historic bridge. Article 9. Indemnification A. If the Recipient is a non-governmental entity, the Recipient shall indemnify and hold harmless the State and its officers and employees from all damages, claims, and liabilities, including those arising from injury to or death of persons or loss of or damage to property, arising out of, incident to, or in any manner connected with the relocation, maintenance, or operation of the Historic Bridge, which indemnification shall extend to and include any and all court costs, attorney's fees, and expenses related to or connected with any claims or suits for damages and shall, if requested in writing by the State to do so, assist with or relieve the State from defending any suit brought against it. B. If the Recipient is a governmental entity, the parties to this Amendment agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Bridge - HB3PartyA Page 4 of 6 Bridge Division Modified 8/19/03 8-2001-3Off-SPL Article 10. 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 11. Incorporation of Provisions The applicable provisions of the agreement under which this Amendment is made are incorporated into this Amendment as if fully set forth herein. Article 12. Signatory Warranty The signatories to this Amendment warrant that each has the authority to enter into this Amendment on behalf of the organization or entity they represent. Bridge - HB3PartyA Page 5 of 6 Bridge Division Modified 8/19/03 8-2001-3Off-SPL IN WITNESS WHEREOF, duly authorized representatives of the State, the Local Government, and the Recipient have signed triplicate counterparts of this Amendment. THE LOCAL GOVERI)I~ENT THE RECIPIENT S~r{~'ur~ "~// ~ Signature M.C. Superville "--' Curtis Fendley Printed Name Printed Name Title: Lamar County Judge Title: Mayor of Paris Date: //-c:x3'~'-~-~ Date: THE STATE OF TEXAS · ........... · · ·..... Executed for the Executive Director and approved for the Texas Transportation ~ii Commission for the purpose and effect of activating and/or carrying out the orders, ;.~.;.~.;.~.;.~.:.~. established policies or work programs heretofore approved and authorized by the Text{.'.'.'.'.'.'.'.' Transportation Commission. By: Mary Leu Rails, P.E. Director, Bridge Division Date: Bridge - HB3PartyA Page 6 of 6 Bridge Division Modified 8/19/03 8-2001-3Off-SPL ATTACHMENT A Project Location Map SCALE IN MILES 0 1 2 3 4 ATTACHMENT B1 RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT RESOLUTION The State of Texas County of Lamar WHEREAS, Lamar County owns a bridge located at Rowdy Creek, on CR 25500, National Bridge Inventory Structure Number 01-139-AA0542-001; and WHEREAS, the Texas Department of Transportation, hereinafter referred to as the State, has determined that the cited structure is structurally deficient for vehicular traffic; and WHEREAS, a project to replace the cited deficient structure is included in the currently approved program of projects by the Texas Transportation Commission; and WHEREAS, the Texas Historical Commission has determined that the cited structure has historical significance; and WHEREAS, the cited structure could be used for non-vehicular traffic following minimal pedestrian element modifications (i.e. hand rails) to said structure; and WHEREAS, placement of the existing historically significant structure in Heritage Park in the city of Paris would be beneficial to the People of all of Lamar County. THEREFORE, BE IT RESOLVED that Lamar County transfer ownership of the cited existing structure to the City of Paris, and the Commissioners Court for Lamar County hereby authorizes the Lamar County Judge to enter in to an Agreement with the State and the City of Paris to effect said change of ownership, relocation and rehabilitation of the existing historically significant structure. APPROVED this day of 2003, by the Lamar Commissioners Court. M.C. Superville¢/ Ir Lamar County Judge Kathy Ivl&rlowe Lamar County Clerk Page 1 of 1 ATTACHMENT B2 RESOLUTION OR ORDINANCE OF RECIPIENT ATTACHMENT C RESPONSIBLITIES OF THE RECIPIENT 1. Construction of abutments for the structure. 2. Relocation of the structure to its final location. 3. Setting the structure on the new abutments. 4. Installation of new timber decking and timber stringers. 5. Cleaning and painting the structure. 6. Repairing or replacing damaged cross bracing on the structure. 7. Installation of railing and other pedestrian walkway elements. REIMBURSEMENT OF COSTS The cost for performing the responsibilities listed above shall be born entirely by the Recipient. The State will, however, reimbursement the Recipient up to $10,000 for work preformed on the structure.