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Home My WebLink AboutPR 15285: APPROVE CONTRACT WITH U.S. ARMY CORPS OF ENGINEERSPUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO Stephen B. Fitrgibbons, City Manager FROM Ross E. Blackketter, P.E., Director of Public Works SUBJECT P.R. #15285 -Approve Contract with USACE DATE 20 May 2009 RECOMMENDATION: I recommend that the City Council approve Proposed Resolution No. 15285, approving an agreement with the U. S. Army Corps of Engineers (Corps) for reimbursement in the amount of $164,358.92 for culvert replacement on Pleasure Island. BACKGROUND: Last July, there was a failure in the culverts crossing T. B. Ellison Parkway on Pleasure Island close to the intersection with the South Levee Road. The Corps installed these culverts (three 36 inch concrete pipe crossings) in 1987. The crossings subsequently failed, causing a hole to appear in the roadway. Investigation showed significant voids beneath the pavement causing the closure of the street for repairs to the culvert crossing. Because the Corps was already planning an upgrade to this crossing, removing the 36 inch pipes and replacing them with double 4 ft x 4 ft box culverts, it was decided that the City would undertake installing the new box culverts in order to reopen the roadway as soon as possible. This installation cost the City $164,538.92. The Corps has agreed to reimburse the City for the expenses related to the culvert installation. The attached contract is required for this reimbursement. BUDGETARY/FISCAL EFFECT: None. EMPLOYEE/STAFF EFFECT: None. SUMMARY I recommend that the City Council approve Proposed Resolution No. 15285, approving an agreement with the U. S. Army Corps of Engineers (Corps) for reimbursement in the amount of $164,358.92 for culvert replacement on Pleasure Island. Ross E. Blackketter, P.E. Director of Public Works REB/reb Z:\engineer\documents\CAMS\USACE Reimb Cont.doc P. R. 15285 05/20/09 reb RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF PORT ARTHUR TO SIGN A CONTRACT WITH THE U. S. ARMY CORPS OF ENGINEERS FOR REIMBURSEMENT IN THE AMOUNT OF $164,358.92 FOR CULVERT REPLACEMENT ON PLEASURE ISLAND. WHEREAS, starting in July 2008, the City undertook replacing a culvert crossing belonging to the U. S. Army Corps of Engineers on Pleasure Island; and, WHEREAS, reimbursement by the U. S. Army Corps of Engineers in the amount of $164, 358.92 for expenses incurred by the City has been approved; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the Mayor is hereby authorized to execute the contract with the U. S. Army Corps of Engineers (attached hereto as Exhibit "A'~ in order to be reimbursed in the amount of $164,358.92 for City expenses incurred replacing the culverts on Pleasure Island; 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. 2009 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: P. R. 15285 Page 2 N Attest: City Secretary APPROVED AS TO FORM: f -~,,/( ~eo,~i City Attorney APPROVED FOR ADMINISTRATION: Stephen B. Fitrgibbons City Manager Mayor ~~ Ross E. Blackketter, P.E. Director of Public Works Z:\engineer\documents\resolutions\PR 15265.doc EXHIBIT A SABINE-NECHES WATERWAY, TEXAS T. B. ELLISON PARKWAY OUTFACE CANAL CROSSING OF PA 8 Contract No. DACW64-9-09-31 ____._____ _____________.S"CLNTRACT WTTHTHF ('iTYiTFPORT ARTHTTB,TEXAS ______ ___ _ FOR RELOCATION, REARRANGEMENT OF FACILITIES THIS CONTRACT, entered into this _ day of , 2009, between the UNITED STATES OF AMERICA (hereinafter called the "Government"), represented by the U. S. Army Corps of Engineers, and the CITY OF PORT ARTHUR, TEXAS (hereinafter called the "City"). WITNESSETH, that: WHEREAS, the Govemment and the Jefferson County Waterway and Navigation District entered into a cost sharing local cooperative navigation program, under authority of the River and Hazbor Act of 1962, House Document No. 553, 87th Congress, Second Session; and WHEREAS, pursuant to that Resolution dated Apri13, 1963, the Jefferson County Waterway and Navigation District, now known as the Sabine-Neches Navigafion District (herein after called the "SNND"),apolitical subdivision of the State of Texas, with offices located at 2348 HVVY 69 North, Nederland, Texas 77627, agreed to act as the non-Federal Sponsor and provide the elements of local cooperation, and together with the Government, have undertaken the development of a project for commercial navigation, known as the Sabine-Neches Waterway Project, (hereafter called the "Project"); and WHEREAS, the City is the holder of certain fee title and/or easement rights appurtenant to the Project on which the City has constructed, owns and is operating and maintaining certain facilities, consisting of a public roadway known as the T. B. Ellison Pazkway, which is the primary public thoroughfaze on Port Arthur's Pleasure Island, an 18.5 mile long man-made body of land, extending from the mouth of the Neches River on the northwest to the Sabine Causeway on the southeast, and surrounded by Sabine Lake and the Sabine-Neches Waterway; and WHEREAS, the T. B. Ellison Parkway crosses over a road culvert in the outfall canal of the Project's Placement Area 8 (hereinafter called "PA 8") which provides for the discharge of effluent from PA 8 into the Sabine-Neches Waterway, and said culvert is critical to the structural stability of the outfall canal crossing; and WHEREAS, in the summer of 2008, as the result of erosion around the road culvert, a lazge sinkhole, which was rapidly increasing in size, developed at the edge of the T. B. Ellison Parkway outfall canal crossing, creating a hazard to traffic as well as a potential danger to PA 8 effluent control; and WHEREAS, the Govemment recognizes its responsibility to maintain the road culvert, but at that time, due to a heavy workload and a backed up Contracting Division, it was unable to expeditiously respond to the emergency at hand. Consequently, the City decided to replace the road culvert (to Government specification) and seek reimbursement for the replacement and related expenses. The Sabine-Neches Navigation District, acting in the capacity of the Project's non-Federal Sponsor, provided the new box culverts, which were installed by the City to make the necessary road repairs. NOW", THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, it is mutually agreed as follows: 1. Subject to the availability of funds, the Government shall reimburse the City, in the amount of $164,358.92, for all costs expended in connection with the City's replacement of the road culvert and related expenses, as set out in its claim and supporting documentation attached hereto in Exhibit A, and made a part hereof. 2. Subject to the availability of funds, the Government shall sepazately reimburse the Sabine-Neches Navigation District for providing the new box culverts. 3. The City hereby releases and discharges the Government from all claims and demands for additional reimbursement, and does further acknowledge that the payment made herewith as full and adequate compensation. IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and yeaz first written above. THE UNITED STATES OF AMERICA By Orlando Rosas Chief, Real Estate Division U.S. Army Corps of Engineers Galveston District THE CITY OF PORT ARTHUR, TEXAS By DBIARIS "BOBBIE" PRH4CE, MAYOR SACK CHATMA~I, IR.. MAYOR PRO-"[EM COUNCn. MBhIDERS: City Of ELTZABEI"r1 "LIZ" SEOLER MORRiS ALHRIGHT, UI MARI'AF FCAOD JOEOJ BFARD, TEt ROBERT E, V•7[S.IAMSCN D. KAY VlISE THOMAS 7. HEIVDERSON 02 January 2009 Orlando Rows Chief, Real Estate Division Department of the Army Galveston District, Corps of Engineers P.O. Box 1229 Galveston, Texas 77553-1229 Re: T, B. Ellison Parkway Culvert. Repair Dear Mr, Rosas: 81F3HEN FrrZGIBHONS CITY MANAGER rEEUU xANxs ACTING CITY SECRETARY MARK T. SOKOLOW CITYATTORNRY As you are aware, the Gly of Port Arthur expended funds and force amount Labor and equipment to air re lace the culverts u e B. Ellison Parkwa . These culverts provide the o~~utfa_II from Govern^ p~~ment Area No, 8 fntn the Sa ine/Neches Ship Channel. The total amount expended by the Gty for this Federal properly Is $164,358.92 as shown on the endosed spreadsheet. This amount indudes Gty force account labor and equipment m expose the culverts, dress up the site after the new box culverts were Installed by a contractor, and removal of ail debris. Other costs Include contractor costs for guardrails, excavation, culvert instaliatlon, and pavement repair. The new box culverts were provided by the Jeffer~n County Wateiway. and Navigation D'IStrict Because this -work occurred on Federal properly, the City of Port Arthur is requesting reimbursement for our costs of $164,358.92. Please call me at 409-983-8296 if you require any further Information. Y~~o////urs tru((lJ~y, A /~~~~~L Ross E, Biadcketter, P.E. Director of Public Works enc: T. B. Ellison Culvert Repair Cost Spreadsheet cci Ste hen B Fiti titioris G Manager _ _ .. _ ...... _ _. John A. Comeaux, Assistant Gty Manager/Operatfons REB/reb - Z:lengmeerlDocumenksli.etterslUSACELtr•02Ian09.doc P.O.80X 1089 •~ PORT ARTHUR, 7EXAS 7rfi47-1089 • g09~J83.8115~ • FAX 409,983-8291 T. B. Ellison Culvert Repair Description Cost Materials Ptywocd $ 65.97 -----dard~vace -- ~ -1f-8.3.4___ Insect Repellent $ 71.16 Flashers $ 272.67 Cable Ties $ 55.44 4'x4' Box Culverts $ 20,745.80 ' APAC (HMAC) $ 2,386,43 Materials Total $ 23,71.5.81 Rentals ' 6-in Portable Pump $ 1,200.48 Barricades - $ 877.50 Rentals Total $ 2,077.98 Contractors Stavco (guardrail repair) $ 2;800.00 DucKs Dragllne Service Inc. $ 5,240.00 Simco (culvert installation) $115,000.00 C.M.M. (HMAC placement) $ 7,520.00 Contractors Total $130,560.00 Force Account Labor $ 17,298.68 Equipment $ 11,452.27 Force Account Total $ 28,750.93 Subtotal $185,104.72 Subtract Culverts $ (20,745.80) TOTAL . $164,358.82 * Culverts were purchased by Jefferson County Watenxay and Navigation District