O-2008-3096 replacement of 8” waterline by TXDOT adjacent to Little Cedar Bayou bridge on South Broadway

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CSJ: 0389-15-014 District: Houston - 12 Code Chart 64: 23900 NBI # 12-102-0-0389-15-346 inch water line attached to said bridge, in actual use or in reserve for future use, unless terminated sooner pursuant to terms of this agreement. Article 2. Project Funding and Work Responsibilities The City shall, at its own expense, provide the necessary conduit, fittings, brackets, plates, and/or other materials for the installation. All labor, tools, equipment and incidental items shall be furnished by the City, which shall assume the entire cost of the work authorized hereunder, to the extent permitted by law. Any future relocation of the installation due to highway construction or reconstruction shall be made without cost to the State. The City also agrees to install and maintain its facilities so as not to inconvenience or interfere with highway traffic and shall comply with governing laws and the policies and procedures of the State. Traffic control measures shall be in accordance with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways. The City shall notify the State at least 48 hours prior to the commencement of any installation or maintenance activity in the event inspection by State forces is considered necessary. Should the City fail to maintain its facilities in a condition acceptable to the State, the State, after notifying the City, will perform the required maintenance and bill the City for the cost thereof or take other appropriate action to ensure the safety and convenience of motorists. The City may request for the State to include the engineering, materials, and/or installation of the attachment in an associated State let construction contract. The City also agrees to reimburse the State for all associated costs with said utility attachment. Exhibit C of this agreement provides an estimated cost to the State. Article 3. Termination This agreement may be terminated in the following manner: . by mutual written agreement and consent of both parties . by either party upon the failure of the other party to fulfill the obligations set forth herein . by the State if it determines that the performance of the Project or utility work is not in the best interest of the State. If the agreement is terminated in accordance with the above provisions, City will be responsible for the payment of Project costs incurred by the State on behalf of City up to the time of termination. Article 4. Right of Access The State hereby grants to the City the right, privilege and authority to install, operate and maintain the 8-inch water line as shown on Exhibit A. Version UAcity-01 Page 2 of 5 Date: 11/1/06