HomeMy WebLinkAboutResolution - 101074E - Contract - Bureau Of Reclamation - FM 2641 Airport - 10_10_1974JWF:sw _
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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 United States of America (being the United States Department of
Interior, Bureau of Reclamation, Southwest Region) and said City for conforming
a segment of Canadian River Aqueduct to Farm -To -Market Road 2641, designated
as Contract No. 5-07-01-R0162, 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 loth day of OrMher , 1974.
ROY BASS, MAYOR
ATTEST:
Treva Phillips, C' Secretary -Treasurer
APPROVED AS TO FORM:
FRED O. SE TER, JR. ITY ATTORNEY
Contract No. 5-07-01-RO162
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
SOUTHWEST REGION
CANADIAN RIVER PROJECT
TEXAS
CONTRACT BETWEEN THE UNITED STATES OF AMERICA
AND THE CITY OF LUBBOCK, TEXAS
FOR CONFOR,MANG A SEG,:ENT OF CANADIAN RIVER AQUEDUCT
TO FARM -TO -MARKET ROAD 2641
0
Contract No. 5-07-01-RO162
UNITED STATES
DEPART11ENT OF THE INTERIOR
BUREAU OF RECLAMATION
SOUTHWEST REGION
CONTRACT BETWEEN THE UNITED STATES OF AIMRICA
AND THE CITY OF LUBBOCK, TEXAS,
FOR CONFORMING A SEGMENT OF CANADIAN RIVER AQUEDUCT
TO FARM -TO -MARKET ROAD 2641
CANADIAN RIVER PROJECT, TEXAS
THIS CONTRACT, made and entered into this loth day of
October , 1974, pursuant to the Act of Congress approved
June 17, 1902 (32 Stat. 388), and acts amendatory thereof and supplerentary
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 tern-ed
"United States," acting by and through the Bureau of Reclamation, Department
of the Interior, represented by the undersigned 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 necessitates 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 protect the said seg-
ment of aqueduct, at the expense of the City as hereinafter indicated,
to accommodate the proposed road extension.
NOW, THEREFOIRE, the parties hereto mutually agree and covenant
as follows:
SCOPE OF CO`.:TMCT
1. a. As soon as practicable after execution of this contract
and subject to the provisions hereinafter enur.:erated, the.United States
will acco.mplish all work required to protect a sega:ent of Canadian'
River Aqueduct at the proposed Farm -to -Market Road 2641 crossing
location shown on Exhibit A and similar to the typical construction
detail shown on Exhibit B, both exhibits attached hereto and by this
reference made a part hereof. The work shall include all necessary
surveys, engineering, specifications, construction, inspection, and
administration necessary for protection of the segment of _aqueduct. The
United States shall furnish copies of the plans aad specifications to the'
City.
b. The United States shall procure all necessary permits
and licenses; obey and abide by all applicable laws, regulations,
ordinances, and other rules of the United States of Amcrica and of the
State and political subdivisions wherein the work is performed and of
other duly constituted public authority.
CONKENCEI.TNT AND C0:'.PLETION OF %4ORK
2. The United States shall commence tha 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 150 days after the date of execution
of this instrument.
PARTIAL PAYNEWL S
3. Upon execution of this contract, the City shall advance
$379000 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 staterent
setting forth all of the costs so incurred. From tii.e to time, but not
more often than at c:onthly intervals, the City will also reimburse the
Canadian River lunicipal Water Authority for its cost and expense in
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performing its undertakings hereunder upon receipt from the Water Authority
of a certified statement, in triplicate, of such costs incurred during the
period coveree 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, and construction contract expense, plus an
allowance of 5 percent for administration.
FINAL PAYMMIT
4. Upon completion of the work to be performed by the United
States and Canadian River riunicipal 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 he -rein 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 Le done by the United States and Water Authority is
$37,50b, but total payment for the work described shall not be limited to
that amount, it being the intent of the United States and Water Authority
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 :dater Authority for actual costs, whether heretofore or herein-
after incurred, of work necessary to perform their obligations under the
contract. All or3,inal tiwe cards or payrolls, contract payments,
material records, znd 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.
RELEASE FROM DAMAGES
5. City hereby releases the United States, and its assigns,
from any and all damages of every description or kind whatsoever, which
may result from the construction, operation or maintenance of said
roadway upon or across said aqueduct as conformed to the roadway
extension project.
INTERRUPTION OF WORK
6. In the event work under the contract is interrupted by
unforeseen circumstances, such as war, strikes, lockouts, or acts of
God, the obli-ations of the parties shall be suspeneed to the extent
and for the time the performance is prevented by such occurrence.
NOTICES
i
7. Whenever any notice is required to be Riven 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, Lubbock, Texas 79547,
and, in case of notice to the United States., to the P.egional Director,
Bureau of Reclamation, Herring Plaza Box H-4377, Amarillo, 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.
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OFFICIALS NOT TO BE::EFIT
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 Trade with a corporation or company for its
general benefit.
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IN WITNESS MIEREOF,
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the parties hereto have executed this
contract as of the day and year first above written.
THE UNITED STATES OF AIM—RICA
APPROVED:
BY
CANADIAN RIVER YLINICIPAL
Regional Director
WATER AUTHORITY
Southwest Region
Bureau of Reclamation
By
Title
THE CITY OF LUBBOCK, TEXAS
&S
By
Title{Y
ATTEST:
AP roved as to t
'24
Fred 0 Se t", �Ahey
"f:12'!ic reva lips
City Sea.=Trea
(SEAL)
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A C K N O W L E D G M E N T
STATE OF TEXAS )
ss
COUNTY OF POTTER )
I, , 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 hapd and Notary Seal this day of ,
1974•
Notary Public
(SEAL) .
My commission expires:
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