HomeMy WebLinkAboutResolution - 2836 - Standard Utility Agreement - TDHPT - I27 Utility Adjustments - 05_12_1988a
Resolution #2836
May 12, 1988
Item 21
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT 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 an Agreement
entitled "Standard Utility Agreement" for account numbers 9005-27-14 and
9005-27-15, Interstate Highway No. 27, Contract No. 7519 to be entered in by
and between the said City of Lubbock and the State of Texas Highway and Pub-
lic Transportation Department, attached herewith, which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 12th day of May 1988.
ATTEST:
Ranet e.Boyd, City Secretary
.APPROVED AS TO CONTENT:
ilf D. Watson, Chief Engineer
Water Ntilities
APPROVED AS TO FORM:
r
J. tWrth Fullingim, Assistant C' y
At rney
r
6. C. MCMI N, MAYOR
PLITT
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Standard Utility Agreement
FEDERAL -AID INTERSTATE
Agreement No. U - 75—/!l '
9005-27-14
I COUNTY Iubbock7 3 303 ACCOUNT NO. 9005-27-15
PROJECT NO. I-27 - 7 (35) 301 HIGHWAY NO. Interstate 27
CSJ NO. 0067-11-016 CONTRACT NO. - L�Si `GC 6
0067-11-017
This Agreement by and between the State of Texas, acting by and through the State Highway and Public Transpor-
tation Commission, hereinafter called the State, and City of Lubbock
hereinafter called the Owner, acting by and through its duly authorized
representative, shall be effective on the date of approval and execution by and on behalf of the State.
WHEREAS, the State has deemed it necessary to make certain highway improvements on the Interstate System as
designated by the State and approved by the Federal Highway Administration generally described as follows:
County Lubbock Highway I11-27 located from
48th Street to 19th Street
;and
WHEREAS, the State will participate in the costs of relocating and adjusting certain facilities to the extent as may
be eligible for State participation under Art. 6674w-4, V.A.C.S., and which costs are eligible for Federal
participation; and
WHEREAS, the State will request Federal participation in payment of the costs incurred in the adjusting of
Owner's facilities under the provisions of Federal -Aid Highway Program Manual 6-6-3-1, issued by the U.S.
Department of Transportation Federal Highway Administration on September 6, 1985, and amendments
thereto; and
r WHEREAS, execution by the State will constitute approval for the Federal Highway Administration under
authority of Paragraph 11 of FHPM 6-6-3-1; and
WHEREAS, this proposed highway improvement will necessitate the relocation or adjustment of certain facilities
of Owner as indicated in the following statement of work:
and such work is shown in more detail in Owner's preliminary plans, specifications and cost estimates which are
attached hereto and made a part hereof, and which are prepared in the form and manner required by FHPM
6-6-3-1, and amendments thereto; and
WHEREAS, the State desires to implement the relocation or adjustment of Owner's facilities by entering into an
agreement with said Owner as soon as possible;
NOW, THEREFORE, BE IT AGREED:.
The State will pay to the Owner the costs incurred in relocating and adjusting Owner's facilities up to the amount
said costs may be eligible for State .participation and which costs are eligible for Federal cost participation.
The Owner has determined that the method to be used in developing the relocation or adjustment costs shall be as
specified for the method checked and described hereafter:
❑ (1) Actual direct and related indirect costs accumulated in accordance with a work order accounting
procedure prescribed by the applicable Federal or State regulatory body.
El (2) Actual direct and related indirect costs accumulated in accordance with an established accounting
procedure developed by the Owner and approved by the State.
❑ (3) An agreed lump sum of $ , as supported by the analysis of estimated costs
attached hereto.
If costs are developed under procedure (1) or (2) as before specified, the State will, upon satisfactory completion of
the relocation or adjustment and upon receipt of final billing prepared in form and manner as prescribed by FHPM
6-6-3-1, and amendments thereto, make payment in the amount of 90% of the eligible costs as shown in the final
billing prior to the required audit and after such audit shall make final payment in an amount so that the total
payments will equal the amount found eligible for State reimbursement by the final audit. When requested, the
State will make intermediate payments at not less than monthly intervals to Owner when properly billed and such
payments will not exceed 80010 of the eligible cost as shown in each such billing. Intermediate payments shall not be
construed as final payment for any items included in the intermediate payment.
If costs are developed under procedure (3) as before specified, the State will, upon satisfactory completion of the
relocations and adjustments and upon receipt of a billing prepared in acceptable form, make payment to Owner in
1 the agreed amount.
Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Owner to
proceed with the necessary relocation or adjustment, and the Owner agrees to prosecute such work diligently to
completion in such manner as will not result in avoidable interference or delay in either the State's highway
construction or in the said work. Such authorization to proceed shall constitute a commitment on the part of the
State that the utility relocation has been included in an approved program as an item of right of way acquisition or
construction, that a project agreement which includes the work will be executed, and that the utility relocation will
be required by the final approved project agreement and plans.
Form D-15-48 enclosed with Owner's preliminary estimates attached to this agreement, is approved as complying
with Paragraph 9 of FHPM 6-6-3-1, and Owner is authorized, but not required, to contract such work. The
preliminary estimate will indicate the extent to which work is to be performed under each contract. Other work shall
be contracted by Owner only with approval of the State in accordance with FHPM 6-6-3-1.
The Owner will carry out said relocation and adjustment, accurately record the costs, and retain such records in ac-
cordance with applicable rules, regulations and procedures and all other provisions of FHPM 6-6-3-1, and the costs
paid by the State pursuant to this agreement shall be full compensation to Owner for all costs incurred by Owner in
making such relocation and adjustment.
Bills for work hereunder should be submitted to State not later than 90 days after completion of the work.
In the event it is determined that a substantial change from the statement of work contained in this agreement is
required, reimbursement therefor shall be limited to costs covered by a modification of this agreement or a written
change or extra work order approved by the State.
It is expressly understood that 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.
The Owner by execution of this agreement does not waive any of the rights which Owner may legally have within
the limits of the law.
Owner: City of Lubbock
Title: Mayor
Date: 5/4/88
APPROVED AS TO CONTENT:
Q-4 Qz-
PROVED AS TO FORM:
ASSISTANT CITY ATTORNEY
Execution Recommended:
District Engineer
THE STATE OF TEXAS
Certified as being executed for the purpose and effect of activating and/or carrying
out the orders, established policies, or work programs heretofore approved and
authorized by the State Highway and Public Transportation Commission.
BY: f�'
Right of Way Engineer
Date
Sfafi�inen
(Covering Contract Work as Appears in Preliminary Estimate)
t Agreement No. U-7519
9005-27-14'
COUNTY Lubbock ACCOUNT NO. 9005-27-15
I-27 - 7 (34) 303
PROJECT NO. I-27 - 7 (35) 301 HIGHWAY NO. Interstate 27
0067-11-016
CSJ NO. 0067-11-017
I, Sam Wahl , a duly authorized and qualified representative
of City of Lubbock , hereinafter referred to as Owner, am fully cognizant of the
facts and make the following statements in respect to work which will or may be done on a contract basis as
appears in the preliminary estimate to which this statement is attached:
❑ I. It is more economical and/or expedient for Owner to contract this adjustment because:
II. Owner is not adequately staffed or equipped to perform the necessary work on this project
with its own forces to the extent as indicated on the preliminary estimate.
Procedure to be Used in Contracting Work
® A. Solicitation for bids is to be accomplished through open advertising and contract is to be
awarded to the lowest qualified bidder who submits a proposal in conformity with the
requirements and specifications for the work to be performed.
❑ B. Solicitation for bids is to be accomplished by circularizing td a list of prequalified contractors
or known qualified contractors and such contract is to be awarded to the lowest qualified
bidder who submits a proposal in conformity with the requirements and specifications for the
work to be performed. Such presently known contractors are listed below:
1.
2.
3.
4.
5.
Slate Department of Highways
and Public Transportation
Form D-1548
(, Page 2 of 2 Rev. 1146
1
❑ C. The work is to be performed under an existing continuing contract under which certain work is
regularly performed for Owner and under which the lowest available costs are developed. (If
only part of the contract work is to be done under an existing continuing contract give detailed
information by attachment hereto.)
❑ D. The` utility proposes to contract outside the foregoing requirements and therefore evidence in
support of its proposal is attached to the preliminary estimate in order to obtain the concur-
rence of the State and the Federal Highway Administration Division Engineer, where
applicable, prior to taking action thereon (approval of the agreement shall be considered as
approval of such proposal).
J Sam Wahl, P.E. signature
Director of Utilities
i Title
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_ 51112 1 �6
Date