HomeMy WebLinkAboutResolution - 071174D - Contract - Bureau Of Reclamation - Canadian River Municipal Water Authority - 07_11_19746 7//7L//D
RESOLUTION
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayon of the City of Lubbock BE and is hereby authorized and directe
execute for and on behalf of the City of Lubbock a CONTRACT between the Unite,
tates of America acting by and through the Bureau of Reclamation, Department of
zterior, and said City of Lubbock, bearing Contract No. 14-06-500-2210, to be
pproved by Canadian River Municipal Water Authority, which Contract concerns
reliminary engineering, plans, and cost estimates for conforming a segment of
:anadian River aqueduct to Texas Farm -to -Market Road 2641 attached herewith
,hich shall be spread upon the minutes of the Council and as spread upon the minut
f this Council shall constitute and be a part of this Resolution as if fully copied
e re in in detail.
Passed by the City Council this
TTEST: ,,
Treva Phillips, City Se
PROVED AS TO FORM:
Fred O, Senteh, Jr.-, --Ci
1 1 th day of _i„ 1 Y , 1974.
tary-Treasurer
No Text
Contract No. 14-06-500-2210
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
SOUTHWEST REGION
CONTRACT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF LUBBOCK, TEXAS,
FOR PRELIMINARY ENGINEERING, PLANS, AND COST ESTIMATES
FOR CONFORMING A SEGMENT OF CANADIAN RIVER AQUEDUCT
TO TEXAS FARM -TO -MARKET ROAD 2641 _
THI%LJONTRACT, made and entered into.this 1 1 dly of
1974, pursuant to the Act of Congress approved
June 179 1902 (32 Stat. 388), and acts amendatory thereof and supple-
mentary'.thereto, particularly the Act of Congress of March 4, 1921
(41 Stat. 1404; 43 U.S.C.A. 395), between the UNITED STATES OF AMERICA,
hereinafter termed "United !States," acting by and through the Bureau
of Reclamation, Department of the Interior, represented by the under
signed"Contracting Officer, and the CITY OF LUBBOCK, TEXAS, hereinafter
termed "City."
WITNESSETH:
WHEREAS, the City, in cooperation with the Texas State Highway
Department, proposes to extend farm -to -market road 2641 east along Kent'
Street to meet highway 62/82, and;
WHEREAS, the proposed road extension crosses and necessi-
tates the relocation and/or protection of a segment of an aqueduct of the
Canadian River Project, a facility owned by the United States and operated
by the Canadian River Municipal Water Authority; and
WHEREAS, the United States is willing to accomplish the pre-
liminary surveys, engineering, designs, and cost estimates necessary to
conform the segment of aqueduct to the proposed road extension at
the expense of the City as hereinafter indicated, prior to entering into
a contract for relocation and/or protection of the aqueduct.
}
NOW, THEREFORE, the parties hereto mutually agree and covenant
as follows:
SCOPE OF CONTRACT
1. a. As soon as'practicable after execution of this contract
.and subject to the provisions hereinafter enumerated, the United States
shall furnish all services, labor, materials, supervision, and administra-
tion necessary to perform preliminary surveys, engineering studies, .and
cost estimates for conforming a segment of aqueduct to extension of farm -
to -market road 2641, at the general location shown on the attached drawing
designated Exhibit A and by this reference made a part hereof.
b. When the aforesaid preliminary survey and engineering
studies are complete, the United States shall prepare preliminary plans
and estimates in such form and detail as to reflect the physical features
and characteristics and the general design standards for the facilities
to be relocated. The United States shall supply the City with copies of
said preliminary plans and estimate of constructing and/or protecting the
relocated facilities, and shall confer with the City for the purpose of
reaching agreement concerning conveyance of rights -of -way to be obtained
and/or abandoned for the relocated facilities and shall confer concerning
the performance of necessary construction work and the obligation of the
City to bear the cost of such construction work.
c. The United -States shall procu,-e all necessary permits
and licenses; obey and abide by all applicable laws, regulations,
ordinances, and other rules of the United States of America and of the
State and political subdivisions wherein the work is performed and of
other duly constituted public authority.
BETTEMIENTS
2. The United States agrees that the work to be accomplished
under this contract will provide preliminary engineering studies and
cost estimates for replacement in kind, or facilities equal in service
and utility to those in existence. Any upgrading resulting from the
use of material of an equivalent standard resulting from the replacement
of devices or materials no longer regularly manufactured or processed
shall not be considered as a betterment.
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COMMENCEMENT AND COMPLETION OF WORK
3. The United States shall commence the work required by
this contract as soon as practicable after execution of the contract
by the parties, and shall make every reasonable effort to complete all
work required by the contract within 90 calendar days after the date of
execution of this instrument.
PARTIAL PAYMENTS
4. Upon execution of this contract, the City shall advance
$3,000 to the United States to compensate it for cost and expense to be
incurred in performing its obligations hereunder. The United States will
establish an account to accrue its costs and expense and, upon completion
of all work under the contract, will furnish the City with a statement
setting forth all of the costs so incurred. From time to time, but not
more often than at monthly intervals, the City will also reimburse the
- -Canadian River Municipal Water Authority for its cost and expense in
performing its undertakings hereunder upon receipt from the Water Authority
of a certified statement, in triplicate, of such costs incurred during the
period covered by 'the statement. "Cost and expense" as used herein shall
include the actual expense of payrolls with appropriate benefits and
allowances, travel, and equipment rental, plus a 15 percent surcharge for
- administrative overhead.
FINAL PAYMENT
5. Upon completion of the work to be performed by the United
States and Canadian River Municipal Water Authority hereunder and confirma-
tion of items of expense presented, the City will make final settlements
with the United States and Water Authority which, with the partial payments
previously made, will equal their actual costs, including overhead costs,
of the work herein contemplated. Any funds that are advanced, but not used
by the United States, will be refunded to the City. The total estimated
cost of the work to be done by the United States and Water Authority is
$3,500, but total payment for the work described shall not be limited to
that amount, it being the intent of the United States and Water Authoritv
to use their best efforts to perform the work in the most economical and
efficient manner and the intent of the City to fully reimburse the United
States and Water Authority for actual costs, whether heretofore or herein-
after incurred, of work necessary to perform their obligations under the
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contract. All original time cards or payrolls, contract payments,
material records, and accounts for all charges and expenditures for
which reimbursement is claimed from the City shall be maintained by
the United States and Water Authority for 3 years after .the date of
final payment voucher.
INTERRUPTION OF WORK
b. In the event work under the contract is interrupted by
unforeseen circumstances, such as war, strikes, lockouts, or acts of
God, the obligations of the parties shall be suspended to the extent
and for the time the performance is prevented by such occurrence.
NOTICES
?. Whenever any notice is required to be given by any of
the parties to this contract, such notice shall be effected by the
regular mailing thereof; in case of notice to the City, to
City of Lubbock, Post Office Box 2000.1 Lubbock, Texas 79547;
and, in case of notice to the United States, to the Regional Director,
Bureau of Reclamation, Herring Plaza Box II-43 it,' Awarillu, Texas 79101.
• SUCCESSORS AND ASSIGNS
8. This contract shall be binding upon and inure to the
benefit of the successors and assigns of the parties.
OFFICIALS NOT TO BENEFIT
y
9. No Member of or Delegate to Congress or Resident Commissioner
shall be admitted to any share or part of this contract or to any benefit
that may arise herefrom, but this provision shall not be construed to
extend to this contract if made with a corporation or company for its
general benefit..
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IN WITNESS WHEREOF, the parties hereto have executed this
contract'as of the day and year first above written.
• THE UNITED STATES OF AMERICA
APPROVED: By
CANADIAN RIVER MUNICIPAL Regional Director
WATER AUTHORITY Southwest Region
Bureau of Reclamation
By
Title: THE CITY OF LUBBOCK,TEXAS
r
• • • By A
Title 1 +(nn &0Y BASS
ATTEST:
Clerk Treva.Phillips
(SEAL) City Sec.-Treas.,
A C K N O W L E D G M E N T
STATE OF TEXAS )
ss
COUNTY OF POTTER )
a Notary Public in and
for said State and County, do hereby certify that
Regional Director, Acting Regional Director, Southwest Region, Bureau of
Reclamation, personally known to me to be the same person and official who
executed the above and foregoing instrument, appeared before me this day
In person and acknowledged that, as such official, he executed the above
instrument as his free and voluntary act on behalf of the United States of
America, pursuant to authority conferred by law.
Given under my hand and Notary Seal this day of ,
1974.
Notary Public
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(SEAL)
My commission expires:
I
S E
. T
I MAIN AQ EDUCT
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WEST TEXAS AIR TERMINAL
OF LUBBOCK 1
SOUTHWEST
LUDBOCK
COUNTRf AQUEDUCT
CLUB I
LUBOOCK
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JF
O 1 2
SCALE OF MILES
LOCATION OF WORK
26
(PROPOSED)
IN AQUEDUCT
SILWAYS TurmK SMETY
UNITED STATES
OEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMAT/ON
EXHIBIT A
DRAWN -
CHECKED
CHECKED___---_--_