HomeMy WebLinkAboutResolution - 2019-R0233 - Master Utility Agreement With Txdot - 06_25_2019Resolution No. 2019-R0233
Item No. 6.12
June 25, 2019
RESOLUTION
BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAI' the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Master Utility Agreement,
by and between the City of Lubbock and the State of Texas, acting by and through the
Texas Department of Transportation, and related documents. Said Agreement is attached
hereto and incorporated in this resolution as if filly set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 25th day of June 2019.
DANIEL M. POPE, MAYOR
ATTEST:
V---
Ile—ble Garza, City Secret y
l)
APPROVED AS TO CONTENT:
Michael Keenum, P.E., City Engineer
APPROVED AS TO FORM:
Aify L. Sims, Deputy City Att ney
Master Utility AgreementAX)OT.res
Resolution No. 2019-R0233
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Page
1 of 4 TEXAS
DEPARTMENT OF TRANSPORTATION MASTER
UTILITY AGREEMENT This
Agreement between the State of Texas, acting by and through the Texas Department
of Transportation ("TxDOT") and City of Lubbock ("Utility")(each a "Party"and
collectively the "Parties") delineates the responsibilities of the Parties with respect to the
coordination and possible relocation of certain utilities resulting from TxDOT transportation
projects (the "Project" or "Projects").RECITALS
1.
Utility owns, operates, and maintains utility facilities throughout the State of Texas.2.
TxDOT has various Projects throughout the State of Texas. On occasion these Projects
require the relocation of Utility's facilities.3.
To facilitate the planning, design, safe construction, and ultimate operation of TxDOT
Projects, the Parties will identify the location and nature of Utility's facilities on
such Projects.4.
The Parties desire to delineate TxDOT's plan for addressing any Utility conflict and the
process and requirements of both Parties for all TxDOT Projects across Texas through
the life of a Project.5.
As part of the Utility's conflict process, the Parties have determined that it is in their mutual
best interest to coordinate communications and actions on a Project from the
initial planning stage through the completion of the Project to avoid unnecessary
costs or delays to either party. The Parties have also determined that design
should first consider feasible conflict avoidance before any Utility accommodation
is recommended or requested as part of a Project.NOW,
THEREFORE, in consideration of the mutual covenants and agreements contained herein,
the Parties mutually agree as follows:A.
PLANNING STAGE 1.
Upon initiation of a Project, TxDOT will provide a Notice of Proposed Construction NOPC")
to Utilities believed to have facilities in and around the Project, in a form substantially
similar to that attached in Exhibit "A."2.
The Parties shall cooperate to identify potential conflicts between a Utility's facility and
the Project and work towards the most effective resolution of such conflicts.3.
If Utility's conflicts cannot be avoided, the Parties will work toward the most effective
resolution of such conflicts, which may include Utility facilities accommodation.
Initial
Date Initial Date TxDOT
Utility
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4. Unless otherwise prohibited by outside construction agreements, TxDOT agrees to
provide Utility access to the current design plans for the Project after TxDOT
provides the Utility with the NOPC.
5. Utility agrees to provide TxDOT, upon request by TxDOT, and subject to critical
energy infrastructure information (CEII) limitations, facilities maps, including as-
built plans if available, of its current Utility facilities in and around the Project
relevant to a conflict analysis.
6. The Parties agree that the initial point of contact for any Project shall be the
respective local or identified representatives.
B. UTILITY CONFLICT IDENTIFICATION
1. Once the Parties have identified a conflict between the Project and Utility's facility
that cannot be feasibly avoided by design and requires the relocation of Utility's
facility, TxDOT will provide Utility with a Notice of Required Accommodation
NORA") in a form substantially similar to that attached in Exhibit "B."
2. The NORA will detail TxDOT's proposed construction schedule and the date by
which the Utility is requested to have the conflict resolved. Parties agree that the
timeline for conflict resolution is dependent on the project scope as defined in the
Standard Utility Agreement ("SUA"), but such resolution shall not be requested
sooner than 90 days from the date of the NORA unless otherwise agreed to by the
Parties.
3. The Utility may rely upon the NORA and the schematics or plans provided therein
to begin preliminary utility activities (e.g., design; due diligence activities including
surveying, engineering, field verifications, as-built research, right of way or
easement research, utility customer impact re-configurations; and ordering
materials that require extended lead times for the relocation of its facilities).
Physical relocation of reimbursable adjustments shall not commence until
the SUA is executed by the Parties.
C. UTILITY RELOCATION AGREEMENT
1. Upon the Utility's receipt of the NORA, TxDOT and the Utility will enter into a SUA
in a form substantially similar to that attached as Exhibit "C."
2. The Parties agree to work diligently to finalize the SUA within 90 days of the
NORA, as described in Transportation Code §203.0935, unless otherwise agreed
to by the Parties or the Parties have invoked the escalation process described in
Section F.
3. The SUA will include an estimated completion date by which the Utility expects to
have the conflict resolved.
Initial Date Initial Date
TOOT utility
ROW-U-MA
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D. RELOCATION OF UTILITY FACILITY WITHIN HIGHWAY RIGHT OF WAY
1. If the Utility wishes to relocate its facilities within the highway right of way, the
Parties agree to work diligently in determining the appropriate location of the
relocated facility.
2. Upon determination of the new location of the utility facility within the highway right
of way and application by the Utility, TxDOT will facilitate the timely issuance of a
permit allowing the installation of the utility facility.
E. UTILITY REIMBURSEMENT
1. A change to the TxDOT schematics or plans included in the NORA that requires
the Utility to undertake subsequent utility accommodation activities, or a
cancellation of TxDOT plans to construct the Project, will entitle the Utility to the
reimbursement of such applicable expenses. Utility will be eligible for such
reimbursement regardless of the Utility's reimbursement status for the initial
relocation under Transportation Code §203.092.
F. FAILURE TO RESOLVE CONFLICT
1. If the Parties have not reached an agreement to resolve the utility conflict within 90
days of the NORA, the Parties will utilize the escalation process below:
a. Either Party may request an in-person meeting with a representative of each
Party with authority to resolve the utility conflict. Notice shall be delivered by
the requesting Party outlining the basis of the unresolved conflict.
2. If the escalation process fails to resolve the utility conflict within a timely manner,
TxDOT may invoke its right under Transportation Code §203.0935 to relocate the
facility itself.
SIGNATURE PAGE FOLLOWS
Initial Date Initial Date
TxDOT Utility
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08117)
Page 4 of 4
The signatories to this Agreement warrant that each has the authority to enter into this
Agreement on behalf of the party represented.
The rights and obligations of the Parties to this Agreement will be binding on, and will be
of benefit to, each of the parties' successors, assigns, heirs and estates.
IN WITNESS WHEREOF, the Parties hereto have affixed their signatures.
UTILITY EXECUTION RECOMMENDED:
Utility: City of Lubbock
Name of Utility Utility Portfolio Section Director, Right of Way
Division
By:
Authorized Signature
THE STATE OF TEXAS
DANIEL M. POPE
Executed and approved for the TexasPrintorTypeName
Transportation Commission for the purpose
and effect of activating and/or carrying out theTitle: MAYOR orders, established policies or work programs
heretofore approved and authorized by the
Date:
Tune 25, 2019 Texas Transportation Commission.
By:
Director, Right of Way Division
Date:
Initial Date Initial Date
TxDOT Utility
APPROVED AS TO CONTENT:
Michael G. Keenum, P.E., CFM,
Division Director of Engineering/City Engineer
lui Turpin Re, AseerxapitalantCity Engineer
Assistant City Engii Projects and Design
APPROVED AS TO FORM:
Amy Sims is ant City orney
Page 1 of 1
J
Texas Department of Transportation
125 BAST 11TH STREET,AUSTIN,TEXAS 78701-2483 512.463.8588 WWW.TXDOT.GOV
April 5, 2018
Att: John Turpin
City of Lubbock
1625 13th St,
Lubbock, TX 79401
County:Lubbock
Highway: SL 88 (FM 1585)
Limits From: Memphis Ave
Limits To: CR 2240 (Ave U)
CSJ: 1502-01-029
Dear Ms. Turpin,
Formal notice is hereby given that the Texas Department of Transportation (TxDOT)
proposes construction on FM 1585 from Memphis Ave to CR 2240 (Ave U). The new
roadway is identified as State Loop (SL) 88. The project consists of converting the
existing roadway in to a 6 lane freeway with frontage roads. New bridges and traffic
signals will be constructed at University Avenue and Indiana Avenue. New storm water
drainage and roadway lighting will be included. As shown in the plans, this project will
require the acquisition of additional of Right of Way (ROW).
The project is tentatively scheduled for letting in October 2019. We ask that you verify
the following information on the enclosed layout and notify this this office in writing by
May 18`x', 2018:
1. All of your facilities that might be encountered during construction of this
project;
2, Approximate boundaries of any easements or other interest in lands that you
hold along and/or across this route;
3. Name and phone number of the company representative that we should
contact regarding this project.
If it determined that your facilities will not be in conflict with this project, please notify
this office in writing: Texas Department of Transportation, Lubbock Design Office
Attn: Bill Spicer,135 Slaton Road, Lubbock, Texas 79404.
OUR VALUES: People•AccountabRity• Trust•Honesty
OUR MISSION: Through collaboration and leadershlp,we delivera safe,reliable,and Integrated transportatlon
systE
to and goods.
M Equal OoDaTiumty Employer EXHIBIT
rr a
Mr. John Turpin 2 5-Apr-18
If you have any questions please email Bill Spicer at bill.spicer@txdot.g_ov or call (806)
748-4427, cell (806) 724-6333.
Sincerely,
i#4 *' P,r_-.
Shelley Harris, P.E.
Lubbock District Design Engineer
Shelley.Harris@txdot.gov
OUR VALUES: People-Accountability•Trust•Honesty
OUR MISSION: Through collaboration and leadership,we deliver safe,reliable,and Integrated transportation system that enables the movement o(people and goods.
An Equal Opportunity Employer
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ROW-U-NORA
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Page 1 of 2
NOTICE OF REQUIRED ACCOMMODATION
NORA)
April 29, 2019
Utility Company
Contact Person
Address
City, State, Zip
CMRR #:
County:
Highway:
Limits From:
Limits To:
CCSJ:
ROW CSJ:
Dear Contact Person:
This letter is being sent to you as a result of the identification of a conflict between TxDOT's subject
project and your utility facility, which is located Conflict Location(s). This conflict will necessitate that
the structure(s) be relocated.
This project is scheduled for letting in Let Date. So it is imperative to have all utility companies
complete their relocations by our contract let date.TxDOT's project plans are shown in Attachment
A..,
You may rely upon this notice and the provided plans to begin preliminary utility activities, such as
design, subsurface utility engineering, and material procurement. If TxDOT changes its plans
subsequent to this notice, your company will be entitled to reimbursement of additional eligible
expenses incurred, relative to the specific change, regardless of the Utility's status under §203.092
of the Transportation Code.
A Utility Permit or Standard Utility Agreement(Attachment "B"), defining the timeline of the relocation
and the extent to which the Utility's costs of such relocation are reimbursable, if at all, is required
within 30 days of date of this letter, unless otherwise agreed to. Physical relocation shall not
commence until the Utility Permit or Standard Utility Agreement is executed by both parties.
If your company wishes to relocate its facilities within the highway right of way, we must work
together to determine the appropriate location of the relocated facility. Upon determination of the
new location, within the highway right of way, and application by the Utility, TxDOT will issue a permit
allowing the installation of the utility facility.
If a Standard Utility Agreement is not executed by then TxDOT may initiate actions to
relocate/accommodate the utility under the authority of law. This may include relocating the utility
facility at the sole cost and expense of the utility, injunctive action, or exercising the power of
eminent domain.
EXHIBIT
b
p
n
Form ROW-U-35
Rev.11117)
Page 2
Alternatively, State agrees to pay Utility an agreed lump sum of$as supported by the attached estimated
costs. The State will, upon satisfactory completion of the adjustments, removals, and/or relocations and upon
receipt of a final billing, make payment to Utility in the agreed amount.
Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Utility to
perform such work diligently, and to conclude said adjustment, removal, or relocation by the stated completion
date. The completion date shall be extended for delays caused by events outside Utility's control, including an
event of Force Majeure, which shall include a strike, war or act of war(whether an actual declaration of war is
made or not), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, sabotage, or other
events, interference by the State or any other party with Utility's ability to proceed with the relocation, or any
other event in which Utility has exercised all due care in the prevention thereof so that the causes or other events
are beyond the control and without the fault or negligence of Utility.
The State will, upon satisfactory completion of the relocation or adjustment and upon receipt of final billing
prepared in an approved form and manner, make payment in the amount of 90 percent(90%) of the eligible costs
as shown in the final billing prior to audit and after such audit shall make an additional final payment totaling the
reimbursement amount found eligible for State reimbursement.
This agreement in its entirety consists of the following elements:
1. Standard Utility Agreement;
2. Plans, Specifications, and Estimated Costs (Attachment"A");
3. Utility's Accounting Method (Attachment"B");
4. Utility's Schedule of Work and Estimated Date of Completion (Attachment"C");
5. Statement Covering Contract Work—ROW-U-48 (Attachment"D");
6. Eligibility Ratio (Attachment "F");
7. Betterment Calculation and Estimates (Attachment"G");
8. Proof of Property Interest— ROW-U-1 A, ROW-U-1 B, or ROW-U-1 C (Attachment"H"); and
9. Utility Joint Use Acknowledgment- ROW-U-JUA and/or Utility Installation Request-Form 1082
Attachment"E").
All attachments are included herein as if fully set forth. In the event it is determined that a substantial change
from the statement of work contained in this agreement is required, reimbursement therefore shall be limited to
costs covered by a modification or amendment of this agreement or a written change or extra work order
approved by the State and Utility.
This agreement is subject to cancellation by the State at any time up to the date that work under this agreement
has been authorized and that such cancellation will not create any liability on the part of the State. However, the
State will review and reimburse the Utility for eligible costs incurred by the Utility in preparation of this
Agreement.
The State Auditor may conduct an audit or investigation of any entity receiving funds from the State directly under
this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this
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.
The Utility by execution of this agreement does not waive any of the rights which Utility may have within the
limits of the law.
It is expressly understood that the Utility conducts the adjustment, removal, or relocation at its own risk, and that
TxDOT makes no warranties or representations regarding the existence or location of utilities currently within its
right of way.
Initial Date Initial Date
TxDOT Utility
Form ROW-U-35
Rev.11117}
Page 3
The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the
party represented.
UTILITY EXECUTION RECOMMENDED:
Utility:
Name of Utility Director of TP&D(or designee), District
By:
Authorized Signature
THE STATE OF TEXAS
Print or Type Name
Executed and approved for the Texas
Transportation Commission for the purpose
and effect of activating and/or carrying out theTitle:
orders, established policies or work programs
heretofore approved and authorized by the
Date:
Texas Transportation Commission.
By:
District Engineer(or designee)
Date:
Initial Date Initial Date
TxDOT Utility
OUR VALUES: People • Accountability • Trust • Honesty
OUR MISSION: Through collaboration and leadership, we deliver a safe, reliable, and integrated transportation system that enables the movement of people and goods.
An Equal Opportunity Employer
MEMO
August 8, 2019
To: Kyle Madsen
Director, Right of Way Division
From: Kylan Francis
Director Transportation, Planning & Design, Lubbock District
Subject: Master Utility Agreement for City of Lubbock, TX
We are submitting the following Master Utility Agreement for signature by Mr. Madsen. If you
have any questions, please contact Bill Spicer at (806)-724-6333 (bill.spicer@txdot.gov).
Sincerely,
Kylan Francis, PE
Director TP&D
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