| (a) THIS AGREEMENT IS MADE by and between the Texas
Department of Transportation, hereinafter referred to as "TxDOT,"
and the Texas Water Development Board, hereinafter referred to as
"TWDB."
(b) WHEREAS, pursuant to its authority under Texas
Water Code §6.107, TWDB finds it necessary to enter certain public
property under the control and jurisdiction of TxDOT to monitor water
wells; and
(c) WHEREAS, Chapter 203 of the Texas Transportation
Code empowers the Texas Transportation Commission and TxDOT to lay
out, construct, maintain, and operate the state highway system; and
(d) WHEREAS, TxDOT has determined that such entry is
in the public interest and will not damage the highway facility, impair
safety, impede maintenance, or in any way restrict the operation of
the highway facility.
(e) NOW, THEREFORE, in consideration of the premises
and of the mutual covenants and agreements of the parties hereto,
to be by them respectively kept and performed as set forth, it is
hereby agreed as follows:
(f) AGREEMENT.
(1) Article 1. Notice to TxDOT.
(A) Not later than five working days before entry to
the site is needed, TWDB shall notify the District Engineer of TxDOT's
Waco District in writing or via email. Entry onto certain portions
of the right of way of controlled access facilities requires prior
approval from the Federal Highway Administration. In the event that
TWDB requires entry onto that portion of the right of way to which
access is controlled, the TWDB shall notify TxDOT at least fifteen
working days in advance to allow time to obtain the necessary FHWA
approval.
(B) The District Engineer will determine whether any
construction or maintenance activities have been scheduled that might
affect the site investigation, or if any special conditions exist
that might otherwise impact the investigation.
(C) Right of entry shall be limited to site investigations
associated with installation and maintenance of an automatic water-level
recorder.
(2) Article 2. Site Investigation.
(A) At all times when on TxDOT right of way, TWDB staff,
its contractors, and their respective employees, agents, and representatives
shall wear protective clothing including but not limited to protective
head gear such as hard hats, protective footwear such as steel-toed
shoes, and reflective vests visible to the traveling public.
(B) All site investigations shall be conducted in accordance
with all applicable federal and state laws, regulations, and policies.
(C) Pursuant to §203.031 of the Transportation
Code, entry onto the right of way of any controlled access facility
shall be allowed only from the outer edge of the right of way by way
of frontage roads, nearby or adjacent public roads or streets, or
trails along or near the highway right of way that connect to an intersecting
road.
(D) TWDB shall notify the District Engineer at least
16 working hours in advance before performing any task that will result
in disturbing the pavement.
(E) TWDB shall notify the District Engineer at least
16 working hours in advance before installing any equipment, structure,
or other object intended to remain in place for more than 48 hours.
(F) TWDB shall notify the District Engineer at least
16 working hours in advance before closing one or more traffic lanes
or otherwise interfering with the flow of traffic in any way. All
such lane closures or traffic interference shall comply with the traffic
control plan approved by TxDOT and attached to this Agreement as Exhibit
"A." TWDB shall install the traffic control devices, and all traffic
control shall comply with the Texas Manual on Uniform Traffic Control
Devices.
(G) If during the site investigation TxDOT must perform
or authorize a contractor to perform routine or special maintenance,
TWDB will cooperate with TxDOT maintenance requirements.
(H) The District Engineer and the TWDB contractor are
authorized to communicate directly with one another to coordinate,
clarify, or otherwise discuss site investigation activities.
(I) If it becomes necessary for TWDB to curtail the
investigation because of damages due to flooding, accident, or other
catastrophic event, TWDB shall not resume investigation until notified
by TxDOT to do so. TxDOT will proceed in a timely manner with any
repair of damage caused by the above events.
(3) Article 3. Concluding the Investigation.
(A) TWDB shall notify the District Engineer when investigation
activities have been completed. If one or more monitoring wells are
installed, the requirements of this agreement shall survive the conclusion
of initial activities.
(B) TWDB shall restore the right of way to its original
condition at the conclusion of the investigation. TxDOT will inspect
the right of way after any such restoration and determine that the
original condition has been restored. If the right of way is found
not to have been restored to its original condition, TxDOT will repair
the damage at TWDB’s expense.
(4) Article 4. General Terms and Conditions.
(A) TxDOT's authorization to allow TWDB a right of
entry onto the site identified in this Agreement does not in any way
impair or relinquish TxDOT's right to use such land for right of way
purposes when it is required for construction or reconstruction of
the traffic facility for which it was acquired, nor shall use of the
land for other than highway purposes under this agreement ever be
construed as abandonment of the land by TxDOT.
(B) TxDOT will notify TWDB of any utility installations
owned by third parties known to be located on the right of way. TWDB
shall provide adequate notice of the investigation to all utility
owners identified by either TxDOT or TWDB who are potentially impacted
by the investigation.
(C) Each party reserves the right to terminate this
agreement at any time after notifying the other party in writing at
least thirty (30) days in advance of the intended termination and
establishing the conditions of termination.
(g) IN WITNESSWHEREOF, TxDOT and TWDB have executed
duplicate counterparts to effectuate this agreement.
(h) Dated March 31, 2005.
(i) Attached Graphic
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