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Home My WebLink AboutPR 20140: TXDOT FOR DISASTER DEBRIS REMOVAL WITHIN THE CITY LIMITS , J 4 City o,f nrt rthur I exas INTEROFFICE MEMORANDUM Public Works Department — Administrative Division Date: February 23, 2018 To: Harvey Robinson, Interim City Manager From: Armando Gutierrez, Jr., P. E., Public Works Director RE: P. R. No. 20140 Introduction: Authorize the execution of an agreement with TxDOT in assisting the City with debris removal caused by Hurricane Harvey. Background: TxDOT is currently assisting the City with debris removal. This request is expanding the area to north of 25th St to Hwy 73 and east of Hwy 347 to the Motive property line. Budget Impact: None. Recommendation: Recommend approval of the agreement with for debris removal. /aw "The vocation of Public Works is to serve the Public" P. R.20140 02/23/18 aw RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR DISASTER DEBRIS REMOVAL WITHIN THE CITY LIMITS. WHEREAS, the City of Port Arthur endured torrential flooding caused by Hurricane Harvey; and, WHEREAS, both the City and TxDOT has determined that a reallocation of each party's responsibility for debris removal is necessary to assure that citizens are served and protected; and, WHEREAS, TxDOT will perform emergency clearance and collection of eligible disaster debris from state and local roads indicated in Attachment"A" within the Port Arthur city limits; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct. THAT, the City Council hereby authorizes the City Manager to execute an agreement between the City of Port Arthur and TxDOT for disaster debris removal, substantially the same form as attached hereto as Exhibit"A"; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED this the day of , A.D. 2018 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: P. R.20140 02/23/18 aw Noes: Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Valecia Tizeno City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson Interim City Manager P. R.20140 02/23/18 aw Exhibit "A" State of Texas § County of Travis § AGREEMENT FOR DISASTER DEBRIS REMOVAL WITHIN A CITY This Agreement is made between the State of Texas, acting through the Texas Department of Transportation, ("TxDOT") and City of Port Arthur("City"). BACKGROUND Section 221.002 of the Transportation Code authorizes TxDOT, at its discretion, to enter agreements with cities to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through the corporate limits of such cities. Section 418.023 of the Government Code authorizes the Emergency Management Council to utilize any state agency to clear or remove debris or wreckage from public or private land or water if it threatens public health or safety or public or private property in a state of disaster declared by the governor or major disaster declared by the president of the United States. City and TxDOT have determined that a reallocation of each party's responsibility for debris removal is necessary to assure that citizens are served and protected. Federal Emergency Management Administration ("FEMA") is expected to reimburse each party for the work that party performs under this Agreement. Therefore, the parties agree as follows: AGREEMENT 1. PERIOD OF AGREEMENT This Agreement becomes effective when signed by the last party whose signing makes this Agreement fully executed. This agreement shall remain in effect until each party's obligations under this Agreement are fulfilled or until April 13, 2018, whichever is earlier. 2. COMPENSATION 2.1. City acknowledges that it will not be reimbursed or compensated by TxDOT for work performed under this Agreement. City shall not invoice or otherwise seek reimbursement or compensation from TxDOT for any work performed under this Agreement. City shall not hold TxDOT responsible for any portion of disaster debris related services not reimbursed by FEMA. 2.2. Each party shall independently apply directly to FEMA for reimbursement for the work that party performed under this Agreement in accordance with all federal rules, regulations, and procedures. 2.3. Each party shall produce all necessary documentation to state and federal agencies required for reimbursement for the work that party performed under this Agreement. 3. DEFINTIONS In this Agreement, the following definitions apply: "State Road" means a State-maintained road within city limits that is listed in Attachment A, State Roads "Local Road" means a City-maintained road within city limits that is listed in Attachment B, Local Roads Disaster Debris Removal within a City Page 1 of 2 2017-09-14 4. SCOPE 4.1. TxDOT will perform one first-pass emergency clearance and collection of eligible disaster debris from specified State Roads and Local Roads. A first pass may consist of one or multiple clearances and collection of disaster debris; however, TxDOT may determine what constitutes a first pass and when a first pass is complete. 4.2. TxDOT will notify City when TxDOT has completed a first pass on a road. 4.3. City shall not begin debris removal on a State Road until it has received from TxDOT a notice to proceed ("NTP"). After receiving a NTP from TxDOT, City shall perform second-pass emergency clearance and collection of eligible disaster debris from the State Road or State Roads specified in the NTP. 4.4. City shall monitor and document locations and volumes of debris stockpiles removed from State Roads and Local Roads. 4.5. City shall reduce and provide final disposition of debris collected within the city limits of City regardless of whether it or TxDOT removed the debris. 4.6. City shall document and repair any damages to state-maintained right of way that might be caused by debris removal operations undertaken pursuant to this Agreement. All repairs performed by City must satisfy the TxDOT district engineer for the TxDOT district in which repair is being performed. 4.7. City, and its disaster debris removal contractors, shall not remove debris from any State-maintained road that is not included in Attachment A. 4.8. After TxDOT completes a first pass debris removal on a particular State Road, City shall remove all remaining eligible disaster debris, even if such removal requires multiple passes on that particular State Road. City shall notify TxDOT when City has completed debris removal on a particular State Road. 4.9. City shall comply with all TxDOT rules and regulations including, but not limited to, safety, insurance, and traffic control in accordance with the Manual on Uniform Traffic Control Devices. 4.10. City shall hold TxDOT harmless in all matters arising from or related to this Agreement. Further, City is responsible for all damage or injury to persons or to private property occurring as a result of the disaster debris removal activities pursuant to this Agreement. 4.11. TxDOT will inspect State Roads identified as complete by City and verify acceptance. Once a State Road is accepted as complete by TxDOT, City will be released from any additional disaster debris removal responsibilities. Each party is signing this agreement on the date stated opposite that party's signature. City of Port Arthur Date: By: Harvey Robinson Interim City Manager STATE OF TEXAS Date: By: Tucker Ferguson, PE Beaumont District Engineer Texas Department of Transportation Disaster Debris Removal within a City Page 2 of 2 2017-09-14 ''',,-;.,,.:!'•.,,,..',.„-'.'..,!:-.. .-- - . ,:.,;.'i',-I,:',,!'t 4,,.-,,,i,..,:,,14•!''„-,-e'...!..-'fA.,,,.t.,4'.,.,,,:,14'40. ..!:. .. .- •.0 ,,,<< I I , 0 ►.0 > W /S ` 4 y -J i1":l , ' 40, 4' ZTir al CC M O W 61 ctte GU ��c Y. i �j� LL c _ P o 0 DC c CO 6 41 i ye 03 = W �' �N.� o +1 CC 4 co LU n 'Sp 0. C o f f 0 U / N ii. i 4 , de::;re4co yZ,z4 a O PA