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HomeMy WebLinkAboutResolution - 110972C - Contract - Highway Deparatment - Right Of Way Utility Adjustments - 11_09_1972MR:pr ` V 170 y. RESOLUTION 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 a Contract between the City of Lubbock, Southwestern Public Service and The Texas Highway 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 Re- solution as if fully copied herein in detail. II Passed by the City Council this 9th day of November , 1972. ORRIS W. TURNER, MAYOR ATTEST: Laveni Lowe, City -Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., CR Attorney Texas Highway Department Form 1-15-43 1 v Page 1 of 2 CONTRACTUAL AGREEMENT FOR RIGHT OF WAY UTILITY ADJUSTMENTS (CITY FORM) STATE OF TEXAS COUNTY LUBBOCK PROJECT 783-2-1 COUNTY OF TRAVIS HIGHWAY Loop 289 AGREEMENT NO. U-8931 (To Be Completed By The State) This agreement entered into this , day of t% U , 1972 , by and between the State of Texas, acting by and through the Texas Highway Department,. hereinafter called the State, and Lubbock , Texas,.acting by and through its duly authorized official under Ordinance dated day'of" Q01) , hereinafter called the City, and Southwestern Public Service Company , acting by and through its duly authorized representative, hereinafter called the Owner. WHEREAS, the State and City have previous.to this date entered into a contract agreeing to handle by separate contract the adjustment, removal or relocation of certain utility facilities necessitated as:a'.result of highway improvements on the subject project on the basis of a predetermined firm commitment -for right of way reimbursement approved by the State; WHEREAS, the Owner, in an affidavit dated March 22 , 19 65 , has asserted an interest in certain lands and that this proposed highway improvement will necessitate the adjustment, removal or relocation of certain facilities of the Owner now located upon such lands•as indicated in the following statement of work: WHEREAS, the State and the City desire to accomplish the adjustment, removal or relocation of the Owner's utility facilities by entering into an agreement with the Owner; NOW, THEREFORE, be it mutually agreed that this contract entered into this date between the parties hereto is intended to implement and effectuate the terms and provisions of that contract of January 7 , 19 59 , entered into between the State and the City, as it pertains to right of way utility adjustments and as it effects the utility facilities of the Owner. Upon execution of this agreement by the parties hereto the City will, by written notice, authorize the Owner to proceed with the necessary adjustment, removal or relocation; 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. The Owner will carry out said adjustments, removals or relocations in accordance with ' the plans attached hereto, and the costs paid by the City pursuant to this contract I D=15-43 Page 2 of 2 shall be full compensation to the Owner for the costs incurred in making such adjustments, removals or relocations. Bills for work hereunder shall be submitted to the City not later than ninety (90) days after completion of the work. The City, subject to the acquisition of such rights or interests as may be deemed necessary along or across the Owner's interest in land, agrees to pay the Owner and the Owner agrees to accept a lump sum amount of $ 1,779.04 as full reimbursement for work covered by this contract, said reimbursement to be forthcoming in such lump sum only after receipt of a lump sum final billing in the foregoing amount accompanied by a certificate to the effect that such work has been fully accomplished. The State will reimburse the City in an amount equal to 50 per cent of the lump payment to the Owner upon receipt of proper billing and certificate by the City that payment in this amount has been made to the Owner. It is expressly understood that this contract is subject to cancellation by either the State or the City at any time up to the date that work under'this contract has been authorized and that such cancellation will not create any liability on either the part of the State or the City. CITY OF LUBBOCK , TEXAS BY: Mayor ATTEST: OWNER: SOUTHWESTERN PUBLIC SERVICE COMPANY By: Title: Vice President Date: a Examined and Recommended for Approval: H i i 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 Commission: By: Executed as State Highway Engineer and approved for State Highway Commission. RECUOIENDED FOR APPROVAL District Engineer Right of Way Engineer Texas highway Department Form 0-15-45 Page 1 of 1 Agreement No. U�3/ (By State) AFFIDAVIT OF ESTIMATED COST This constitutes the estimate of cost of a utility adjustment, removal or relocation work to be performed in conjunction with the highway im- provement project in Lubbock County, Project No. Rw783-2-1 , on Highway Ln.289 at Highway Stationing _ 144t00 {� Pprox. I, Fray H. Smith , certify that having knowledge of the facts in respect to the attached estimate in the amount of $ 19779.04 that all items of estimated cost appearing thereon do not exceed current costs for like items listed and, to the best of my knowledge, includes only those items eligible for reimbursement under State statutes and Highway Commission Policy and that amounts deducted from the gross es- timated cost due to increase in value of the new utility and salvage values to be derived from the old utility represent a true and accurate estimate of.such values. I further certify that these estimated costs, charges and credits have been developed following the general provisions of regulations governing reimbursement for utility adjustments on Federal Aid Utility Projects and that any percentage factors indicated are per- centages as are used by the utility in its normal operat'ons. igned Fr y H._Smith Ti a Senior Engineer -Div.. Company Southwestern Public Service Company Sworn to and subscribed before me this loth day of October , A.D. 19207 " Notary ubl c in d for Lubbock County, Texas.