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R2007-073 2007-05-14 W42064RESOLUTION NO. R2007-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUESTING PERMISSION FROM THE TEXAS DEPARTMENT OF TRANSPORTATION TO ATTACH A CITY WATERLINE TO THE MARY'S CREEK BY-PASS BRIDGE (BRIDGE NO. 12-020-0-0976-02-030). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby acknowledges that it will own, operate and maintain the waterline that it proposes to attach to Bridge No. 12-020-0-0976-02- 030. Section 2. That the City Council hereby requests permission from the Texas Department of Transportation to attach a City waterline to the Mary's Creek By -Pass Bridge. PASSED, APPROVED, AND ADOPTED this 14th day of May, A.D., 2007. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY R2007-73 08-0081 W42064 FM518 Water Line (Texas Dept. of Transportation) CSJ: 0976-02 District: 12 - Houston Code Chart 64: 32150 NBI # 12-020-0-0976-02-030 THE STATE OF TEXAS § COUNTY OF TRAVIS § UTILITY ATTACHMENT AGREEMENT FOR ON -SYSTEM BRIDGES ORIGINAL SCANNED MAR 0 4100B CITY SECRETARY OFFICE 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 Pearland, 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 §227.015, 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 FM 518 at Mary's Creek in Brazoria County, Texas, and the City desires to use the bridge for the purpose of installing, attaching thereto, and supporting a 12 -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 12 - 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. Version UAcity-01 Page 1 of 5 Date: 11/1/06 CSJ: 0976-02 District: 12 - Houston Code Chart 64: 32150 NBI # 12-020-0-0976-02-030 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. 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 12 -inch water line as shown on Exhibit A. 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, Version UAcity-01 Page 2 of 5 Date: 11/1/06 CSJ: 0976-02 District: 12 - Houston Code Chart 64: 32150 NBI # 12-020-0-0976-02-030 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. 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 Version UAcity-01 Page 3 of 5 Date: 11/1/06 CSJ: 0976-02 District: 12 - Houston Code Chart 64: 32150 NBI # 12-020-0-0976-02-030 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 §21.31 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: City of Pearland Projects Department 3519 Liberty Dr. Pearland, TX 77581 State: Mr. Gary K Trietsch, P.E. District Engineer Texas Department of Transportation P.O. Box 1386 Houston, Texas A I 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 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. Version UAcity-01 Page 4 of 5 Date: 11/1/06 CSJ: 0976-02 District: 12 - Houston Code Chart 64: 32150 NBI # 12-020-0-0976-02-030 IN WITNESS WHEREOF, THE STATE AND THE CITY have executed duplicate counterparts to effectuate this agreement. FOR CITY By: Name: City of Pearland Typed or Printed Name and Title Attest: By Date 0/ /4/C9 Bill Eisen City Manager Date 00 S' 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 Transportation Commission. By William R. Cox, P.E. Director, Bridge Division Date 2— 7-6S-- Version —OS-- Version UAcity-01 Page 5 of 5 Date: 11/1/06 CSJ: 0976-02 District: 12 - Houston Code Chart 64: 32150 NBI # 12-020-0-0976-02-030 EXHIBIT A Details for attachment of utility to bridge. Version UA -01 Date: 11/1/06 4-3/4" DIA ASTM 11554 GRADE 36 ANCHOR BOLTS W/ HEAW HEX NUT (ITR) -- INSERTED RI CONRETE SUITABLE WEDGE 3/4'ASTM A36 PLATE BENT TO SUITE EXISTING 3/ 4 -DIA A36 U -BOLT w/ 2 HEX NUTS F 12' STEEL WATER LINE 3 4 ASTM A36 PLATE 2 1 /2".—.E..-.-11_611-..-..1-2 1 /2' PROJ PROJ W 8915 (A36) SUPPORTS PLACED ©10 --FEET SPACING ALL BOLTS AND STEEL HARDWARE TO BE GALVANIZED AFTER FABRICATION W 9615 & PIPE SUPPORT TYPICAL PIPE SUPPORT DETAIL FOR EXISTING CONCRETE BRIDGE ON MARY'S CREEK BY-PASS ALONG FM 518 (TXDOT BRIDGE) AMAN1 ENGINEERING. 910 83:3 991/71117T81 /KEW Su:11 IOo HOJSTON, 1E795 77079 TEL. 17131 2'O-.700 Svr,EDB+- c. 5 u. vGsreying LAST' REVISION: SEPI LF BER 14. 2004 City of Pearlond, Texas STRUCTURAL DETAIL BRIDGE ATTACHMENT DETAIL 399 9d. UMp1. 1997 ;.:24 c9W9. 9tr. J. NAROADNE COP -8192 SNEET 44 07 54 / 1,ocl -R` Co,iec 1.00 AU* . • ;95 -D,p6A6 R C 0 P Called 4,5516 Acfes 03. 1,1s39 6506 ) 'SAW CUT & . HREPAIR PAWNENT . 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(p00 MANI ENGINEERING, INC. 8611 96,01,i6i56 ,REEVA, ,OS 0000,0, um, Pt, 'EL ,713) 010-S70S S0,1 tSt, R, 0.,,s CITY OF PEARLAND 16-8C6 WATERLINE /LONG 18 518 FROU PEARLANO PARKWAY TO REM OPX5 ANO WEST OF WINVERN TO SUNSET TOMS BROADWAY (E) STA 67+00 TO 72+00 5,00, it, DE0*0010 41 VAS SRO,. SPS 57,11040,03*61 I 06601 00 36 01 37 ri'LE 129evrt—rri 15 45 l-12.50 Itt, 88 1 -10 -CUT, 4 Puc 0 0 6*4 r-- (11 -J 0 6 k• t. ; 7' i `---- • 2_f7.1.",fl........ r , Z 0 1-10-.10" 15.10( te/B0%-c3< Z 2-12'.10" REDUCER. CENTER ONE JOINT ° -i0" CUT AB & PLUG OVER EXIST Se84 Stitli —EC -12.1112" TEE. AB 11-6.6" TS&V ./1306 1-6" CUT .* PLUC • -1216. TEE. AB -12"4" TEE. AB Vir .-12*A5- TEE, AB 1-6- CV A/BOX 1-6" SA1 3' BC PROP 12 WATER UNE PA ""73.59 UJ IN 16' STEEL CASING 00 Z 0 i 0 06 +2 - ,Stune net 1-12,6" TEE. AB 1-6' 00 ./130+ 1-6' En 3' BC STA -75+57 -12 +6 REDUCER. AN RCP 6 WATER 1466 1 1-6.6- 1545 .r/BOM 1-6' CUT Ss PLUG 1-12 a90RENO, AB , 5 I 0 12 LINEI g ,, •T• Sunset Lae,. 3 y Seen. One, Reserve "Er 1 411 4 BROADWAY its AUCER A66 IF Sunset Lokes Sadie, One. Reserve "A - SAV/ CUT lk REPAIR PAVEMENT -.30 Sq Vas 1=PA.3.5 33.; A.; 101± 041, 13C0NE!.'. EL 43 3 Ahr,SE26 AN ESPA4DE. 2,2, 44 iT1919 10 TS Of PROP 12' STEEL PIPE SECTION DE TO EXISTING BRIOCE I (SEE CTETAJLS IN SHEET 44) AUGER ..1011 LF — ! ! II: ! I I AUGER -66 LT PROP 12' WATER UNE PROP 12' WATER LINE P 12" WATER UNE ,—PROP 6' WATER LINE _ ''/;;f -•,.;7;7727--.-7.7-:---77-7-777Z.',.-7-7-7-7 ..///7..." . <1.,,, /,.' '////./,,, 7// -r...:, '''' ' • - — ' — -- 7 —11 , / 1 --- _.. , RP T;$ CONNECT TO ERIS 6" WATER LINE nAnc,S 4011004 16-7' 1.515 ii. ENGINEERING, INC. 5416-16101+145' OCIO., 1 51.1,C Ina ,4,1570,,, It XAS 7,74 i 0,, 4: 18.0 Co. CITY OF PEARLAND 2.3/ 6-6876 VIAISUNE I/ONG 8/ Ste 68066 PENLAND MOAT 10 REM 0007 AND 8251 OF WINOFERN 10 smso hoDows BROADWAY (E) STA 72+00 TO 77+00 51.30141.11, 04.1G,4 ST -'111l4W., 3' 141 PRO,E(' rie CSJ: 0976-02 District: 12 - Houston Code Chart 64: 32150 NBI # 12-020-0-0976-02-030 EXHIBIT B Resolution/Ordinance Version UA -01 Date: 11/1/06 RESOLUTION NO. R2007-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUESTING PERMISSION FROM THE TEXAS DEPARTMENT OF TRANSPORTATION TO ATTACH A CITY WATERLINE TO THE MARY'S CREEK BY-PASS BRIDGE (BRIDGE NO. 12-020-0-0976-02-030). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby acknowledges that it will own, operate and maintain the waterline that it proposes to attach to Bridge No. 12-020-0-0976-02- 030. Section 2. That the City Council hereby requests permission from the Texas Department of Transportation to attach a City waterline to the Mary's Creek By -Pass Bridge. PASSED, APPROVED, AND ADOPTED this 14th day of May, A.D., 2007. c----37171) TOM REID MAYOR ATTEST: DUNG ITY •i9 RETAR APPROVED AS TO FORM: cwit, DARRIN M. COKER CITY ATTORNEY