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HomeMy WebLinkAboutO-2008-3096 replacement of 8” waterline by TXDOT adjacent to Little Cedar Bayou bridge on South Broadway c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 1}J;:' Appropriation Requested By: S. Gillett Source of Funds: N/ A Department: Public Works Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: Ordinance Amount Requested: Agreement Budgeted Item: N/A Exhibits: Exhibits SUMMARY & RECOMMENDATION TxDOT is replacing the bridge on South Broadway ay Little Cedar Bayou in the near future. The city operates an eight inch (8") waterline adjacent to the bridge on the east side. The existing waterline is on wooden pilings, which will need to be removed to accommodate the wider span to be constructed. TxDOT has agreed to provide hangers for the future location of the waterline. During construction, the city will remove the existing line. The contractor will remove the existing pilings. When the bridge is complete, the line will be hung from supports built into the new bridge. The absence of this section of line during construction will have no effect on water pressure or quality. The ordinance authorizes the execution of the Utility Attachment Agreement for On-System Bridges. Council A enda BluJ~ I1ate ORDINANCE NO. 2008- 30Qio AN ORDINANCE APPROVING AND AUTHORIZING A UTILITY ATTACHMENT AGREEMENT FOR ON-SYSTEM BRIDGES BETWEEN THE CITY OF LA PORTE AND THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR ATTACHMENT OF A CITY WATERLINE TO THE PROPOSED BRIDGE REPLACEMENT PROJECT ON SOUTH BROADWAY AT LITTLE CEDAR BAYOU, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 25th day of August, 2008. ~TY OF LA ~TE \v~l>,'~ Alton E. Porter, Mayor By: ATTEST: ~~<Jldtd M rt a A. Gillett City Secretary APPR~~ ~ Knox W. Askins City Attorney 2 Memo To: Martha Gillett From: Steve Gillett, Director of Public Works cc: Date: October 23, 2008 Re: Signed Contract from TxDOT 7/ CITY OF LA PORTE PUBLIC WORKS DEPARTMENT Attached please find the original executed agreement from TxDOT approved by City Council on August 25, 2008. It was Item C on the consent agenda. [js' ~I e. ~ { !\us :A')!U~ J{~~ pC~W i~t\ * 6G . Page 1 * I Texas Department of Transportation P.O. BOX 1386. HOUSTON, TEXAS 77251-1386. (713) 802-5000 September 29,2008 CONTACT: DOM Bridge Attachment Harris County BS 146 D at Little Cedar Bayou Bridge Control Section 389-15 Mr. Steve Gillett Director of Public Works City of La Porte 2963 North 23rd Street La Porte, Texas 77571 Dear Mr. Gillett: Attached is one executed bridge attachment agreement covering the installation, operation, and maintenance of an eight-inch water line at the BS 146 D at Little Cedar Bayou Bridge. If you have any questions, please contact Mr. Leonard E. Polk, P.E., Maintenance Support Engineer, at (713) 802-5554. Sincerely, fIn-tI.J or! fJ<.- Michael W. Alford, P.E. Director of Maintenance Houston District LEP Attachments cc: Mr. Leonard E. Polk, P.E. THE TEXAS PLAN REDUCE CONGESTION. ENHANCE SAFETY. EXPAND ECONOMIC OPPORTUNITY. IMPROVE AIR QUALITY INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS An Equal Opportunity Employer CSJ: 0389-15-014 District: Houston - 12 Code Chart 64: 23900 NBI # 12-102-0-0389-15-346 THE STATE OF TEXAS ~ COUNTY OF TRAVIS ~ ORIGINAL UTILITY ATTACHMENT AGREEMENT FOR ON-SYSTEM BRIDGES THIS AGREEMENT BY AND BETWEEN the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of La Porte, a home-rule municipality of the State of Texas hereinafter called the "City", acting by and through its City Council and by virtue of the authority shown on Exhibit B, attached hereto and made a part hereof. WITNESSETH WHEREAS, Transportation Code, Chapter 203, Subchapter E, Transportation Code 9227.015, Transportation Code, ~203.092 authorize the State to regulate the placement of public utility facilities along a state highway; and, WHEREAS, the State owns a bridge on BS 146 D over Little Cedar Bayou in Harris County, Texas, and the City desires to use the bridge for the purpose of installing, attaching thereto, and supporting an 8-inch water line; and WHEREAS, it would be difficult and costly for the City to carry its facilities on an independent structure; and WHEREAS, the bridge is capable of supporting the load imposed by the attachment when carried as indicated on Exhibit A, attached hereto and made a part hereof. NOW, THEREFORE, in consideration of the premises and of mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and City agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and City will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. This agreement is to continue in force for as long as the City, its successors or assignees maintain and operate said 8- Version UAcity-01 Page 1 of 5 Date: 11/1/06 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 CSJ: 0389-15-014 District: Houston - 12 Code Chart 64: 23900 NBI # 12-102-0-0389-15-346 It is expressly understood that the State does not purport hereby to grant any right, title, or easement in or upon this highway. It is further understood that the State may require the City, at the entire cost of the City, and to the extent permitted by law, to temporarily or permanently remove any installation made by virtue of this agreement, subject to the provisions of governing laws, by giving written notice, when such removal is necessary to repair, construct, reconstruct, and/or make changes in said bridge, provided reasonable time shall be allowed the City to secure the materials and make necessary changes. It is understood and agreed, however, that in the event of abandonment by the State or the destruction of all or a part of said bridge by flood, fire, or other causes, the State shall be under no obligation to furnish any facilities to the City under this agreement. Article 5. Responsibilities of the Parties and Indemnity City acknowledges that it is not an agent, servant, employee of the State, nor is it engaged in a joint enterprise, and it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. To the extent permitted by law, City agrees to indemnify and hold harmless the State, its agents and employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any person or property in consequence with the performance of design, construction, installation, existence, use, maintenance, operation, or removal of the utility facility and does hereby agree to indemnify the State against all court costs, attorney fees and all expenses in connection with suits for damage and shall, if so requested in writing, assist or relieve the State from defending any such suits brought against it. Such indemnity includes but is not limited to any claims or amounts arising or recovered under the "Worker's Compensation Law", the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as time to time may be amended. The City also agrees to pay all damages accruing to the State, to the extent permitted by law, by reason by injuries to the right of way, roadbed, pavement and/or bridge owned by the State, when such damages are caused by the installation, existence, use, maintenance, or removal of the City's facilities from the property of the State. Article 6. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between City and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 7. Successors and Assigns The State and City each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Version UAcity-01 Page 3 of 5 Date: 11/1/06 CSJ: 0389-15-014 District: Houston - 12 Code Chart 64: 23900 NBI # 12-102-0-0389-15-346 Article 8. Amendments By mutual written consent of the parties, the scope of work and payment provisions of this agreement may be amended prior to its expiration. Article 9. Inspection and Conduct of Work The State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All work will be performed in accordance with the Utility Accommodation Rules as set forth in 43 Texas Administrative Code 921.31 et. seq. adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 10. Maintenance Upon completion of the Project, the City will assume responsibility for the maintenance of the completed utility facility on the bridge. Article 11. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: City: State: Mr. Gary K Trietsch, P.E. District Engineer Texas Department of Transportation P.O. Box 1386 Houston, Texas Steve Gillett, Director City of LaJPorte - Public Works 2963 N. 23rd La Porte, Texas 77571 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 12. State Auditor's Provision The State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a Version UAcity-01 Page 4 of 5 Date: 11/1/06 CSJ: 0389-15-014 District: Houston - 12 Code Chart 64: 23900 NBI # 12-102-0-0389-15-346 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. An entity that is the subject of an audit or investigation must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. Article 13. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE CITY have executed duplicate counterparts to effectuate this agreement. FOR CITY Name Date ~} ~~I r% , By Ron Bottoms City Manager Attest: Byl,,L/{flJOiC ~ )ftLt tJJ Date ~ / A5 / or f ,. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation 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 Texas Transp'ortation Commission. ByMp?~ /2. 0...- William R. Cox, P.E. Director, Bridge Division Date ~-- /9- o~ Version UAcity-01 Page 5 of 5 Date: 11/1/06