Section 3: Agreement Party Responsibilities

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Funding Responsibilities of the Parties

A historic bridge Agreement outlines funding responsibilities and scope of work for each party to the Agreement, in addition to defining the applicable standard procurement and public purpose provisions to which the parties must adhere when using federal or state funds. Funding limitations for preservation efforts are described in Chapter 2, Section 2.The funding responsibilities and specific scope of work for each party are described in the Agreement Exhibits as a means of clearly defining the responsibilities of each party.

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Work Responsibilities of the Parties

Work to be performed by the State. Plans, specifications, and estimates (PS&E) conforming to federal and state standards are required for the State to seek bids and execute a construction contract to perform work on a historic bridge for continued vehicular or for adaptive use. The qualities of uniqueness and rarity that contribute to a structure's historic significance are challenges that must be handled with diligence during the development of the PS&E package. Significant variability exists between historic structures, including the structural details, extent and type of damage or deterioration, and intended location for the rehabilitated structure. This variability makes developing estimates for the items of work difficult because there are few, if any, average bid costs for unique and unusual repairs required to rehabilitate the structure appropriately.

Due to the inclusion of federal funds, the scope of work to be performed by the State as part of an adaptive use plan under the Highway Bridge Program (HBP), is limited to the estimated demolition costs of the historic bridge. Items in need of repair or replacement must be carefully identified in order to develop an estimate. This estimate will assist in determining if the adaptive use alternative is feasible and prudent. Since the estimated demolition funds are rarely adequate to include all items of work, the State will attempt to fund as much of the required structural work as possible until the estimated demolition funding is exhausted so the historic bridge can safely be used for its intended purpose. Therefore, the work to be performed by the State is prioritized by removal, repair, relocation, and, when applicable, cleaning to remove lead-based paint. Note that TxDOT must inform the local government or responsible party of the presence of lead based paint if it has not been removed prior to transferring ownership of the bridge. Any local entity owning or receiving a bridge with hazardous material and choosing to not abate the hazard, must sign a special agreement releasing TxDOT’s responsibility of the hazardous material prior to letting the project.

Example "Exhibit B" items of work to be performed by the State include:

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  • preparing complete PS&E, which may or may not include or be limited to:
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    • modifying/repairing/replacing/strengthening structural members;
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    • repairing/replacing bridge decks;
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    • installing/repairing/replacing bridge rails and/or pedestrian rails;
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    • installing scour protection;
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    • installing vehicle and pedestrian deterrents such as bollards and fencing;
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    • cleaning and painting, as needed, including removal of lead paint;
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    • preparing the historic bridge for relocation, if required, which may include lifting details and temporary bracing;
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    • preparing specifications requiring the State's contractor to lift and set the historic bridge on the recipient's transport vehicle or transport the historic bridge to the permanent or temporary relocation site.
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  • demolition of remaining existing structure;
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  • advertising for construction bids, issuing bid proposals, awarding and administering the contract for the construction of the project;
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  • providing construction engineering and inspection during construction;
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  • providing final inspection and issuing a "Notification of Completion" upon completing the project.

If the bridge must be moved to a temporary site, the State has no obligation to further move the bridge to the recipient's designated site, unless specified in the Agreement. The historic bridge must be removed from the existing site within a time period specified in writing by the State. The recipient, with at least 10 calendar days' notice from the State, must have its vehicle or vehicles available at the existing bridge site for loading and transport of the bridge to the relocation site. The recipient must coordinate transportation of the bridge with the State contractor in order to choose a date that is consistent with the State contractor's work schedule.

NOTE: For adaptive use projects using federal funds, work performed by the State's contractor is to be based on the estimated demolition cost.

Work to be performed by local entity or recipient. In most cases, the local government and/or recipient will be responsible for necessary work items beyond those provided by the State. The owner/recipient is responsible for 100% of the work beyond the limits defined in the agreement of the existing or relocated bridge as required to develop the monument/pedestrian facilities.

Example "Exhibit C/D" items of work to be performed by the local government/recipient include:

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  • funding and/or performing any rehabilitation work beyond that performed and/or funded by the State
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  • funding items of work that have been performed but are not eligible for federal reimbursement;
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  • allowing the State and the State's contractor the necessary access for all construction activities;
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  • right-of-way and utility adjustments;
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  • site preparation, if structure is being relocated to an alternate location, which may or may not include or be limited to:
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    • constructing new foundations (The State may elect to provide engineering drawings for foundations for use by the recipient, at the recipient's request, to promote the use of a safe, substantial, stable, and durable substructure. The Bridge Division is available to prepare detail sheets for the plans and to write the required special specifications and special provisions);
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    • constructing new approach spans and substructure;
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    • constructing new bridge deck;
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    • constructing new pedestrian railing;
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    • providing other appurtenances;
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  • Providing traffic control for the State's contractor, if the historic bridge is to be relocated;
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  • Adhering to the items outlined in the Agreement, including:
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    • retaining/accepting ownership upon receipt of "Notification of Completion";
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    • maintaining the historic bridge in accordance with the Secretary of the Interior's Standards for Rehabilitation;
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    • funding the maintenance of the structure at its own costs (See Chapter 2, Section 1 for limitations on the use of federal funds).

Examples of the Agreement Exhibits for on-system and for off-system structures can be found on the TxDOT website.

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Ownership of the Historic Bridge

The owner/recipient retains or assumes ownership of the historic bridge upon completion of the State's project, or as specified in writing by the State.

The owner, recipient, or party acting on behalf of the recipient of the historic bridge may review the State's bridge plans prior to being released for contractor bids and is allowed to monitor and observe any of the preservation work including removal and relocation of the historic bridge. Monitoring and observation are allowed only if such actions are deemed fitting and appropriate safety measures have been taken.

The owner/recipient's review and observation must be coordinated with the State's area engineer and must not cause undue delay to the progress of the project.

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