HomeMy WebLinkAboutResolution - 2538 - Standard Utility Agreement - TDHPT - Water & Sewer Line Relocation, I27 Project - 03_12_1987Resolution #2538
March 12, 1987
Agenda Item #25
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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
"Standard Utility Agreement" with the Texas State Department of Highways
and Public Transportation for relocation or adjustment of water and/or
sewer lines in connection with Interstate Highway No. 27 construction be-
tween 3rd Street and Itasca Avenue 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 March , 1987.
J")v
B. C. McMINN, MAYOR
Boyd, City Secretary
APPWQ AS TO C JIVTEIVT:
Guy Wi on, Senior Utility
Engineer
APPROVED AS TO FORM:
�i
J.;i#orth Fullingim, Assist
City Attorney
Resolution #2533
Slate Depahment of Highways
a'nd Public Transportation
Form D-15-35
Page 1 of 2 Rev. 5-86
Standard Utility Agreement
FEDERAL -AID INTERSTATE
Agreement No.
COUNTY Lubbock ACCOUNT NO.
PROJECT NO. I 27-7 (8) 305 HIGHWAY NO.
9005-27-13
Interstate 27
CSJ NO. 0067-07-063 CONTRACT NO. 7491
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 IH-27 located from
3rd Street to Itasca 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
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:
Water and sanitary sewer utility adjustments for the City of Lubbock
from 3rd Street 'to Itasca Street
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.
® (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.
State DepaV.ment of Highways
and Public Transportation
Form D-15-35
Page 2 of 2 Rev. 5-86
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 8007o 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
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- ---
ATTES 1-1
_
RaneVe Boyd, Tity Secretary
APP?QUED„AS.,fiO ,FpR*
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.
v " BY:
rth Fullingim, Ass ity Attorney Right of way Engineer
APP ED AS TO
ONT: Date
Wi)4on, Sr. Utility Engineer
.�.,+ ibrm U-15-35
Page f of 2 Rev. 5-86
Standard Utility Agreement
FEDERAL -AID INTERSTATE
Agreement No.��� `�� A
COUNTY LUBBOCK ACCOUNT NO.
9005-27-13
PROJECT NO. I-27 -7 (8) 305 HIGHWAY NO. INTERSTATE 27
CSJ NO. 0067-07-063 CONTRACT NO. e> 5 J SJ .5/•�0 S
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 IH-27 located from North Loop 289
to U.S. 62 (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
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:
Water and Sanitary Sewer Utility Adjustments for the City of Lubbock
from 19th Street to 13th Street/
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.
91 (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.
P4ge 2 of 2 Her. 5-96
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 801I6 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
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-1548 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 LIIRROCK Execution
By: 1 � - ef
McMinn
Title: MAYOR
Date:
u ary 12, 198 THE STATE OF TEXAS
ATTE Certified as being executed for the purpose and effect of activating and/or carrying
ane oy , i y ecre ry out the orders, established policies, or work programs heretofore approved and
APPROVED TO CONTENT: authorized by the State ighwaympPublicTranspoAtionCommission.
Guy son, Sr. Util. Engineer BY:
APPROVED AS TO FORM: Right of Way Engineer
(I✓1l'�t✓y( Date -_
J.` ORTH FULLINGIM, ASST. CljY ATTORNEY
„��w c { 4 t ree? r %'e u ,m"112 ! S 7"S'2° a sT"
r A a.
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 standard
utility agreement with the State of Texas Department of Highways and Public
Transportation related to the Interstate Highway No. 27 construction project
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 _February , 1987.
B. C. McMINN, MAYOR
ATTEST:
1-roc-t^--x---- .►=
Ranette l�oyd, City Secretary
APPROVED AS TO CONTENT:
Guy WiAson, Senior Utilities
Engineer
APPROVED AS TO FORM:
J. Wor'th Fullingim, Assistant /
Ci,�jAttorney /
COU::TY Lubbock
PI:GJ :Ci I-27-7 (8) 305
L'IG11 iXL Interstate-27
ACCT. NO. 9005-27-13
I, Samuel W. Wahl , a duly authorized and qualified represent-
ative of City of Lubbock hereinafter referred to as Cc, ?:,, am
fully coCnizant of the facts and r..ake the following statements in respect to work
which will or may be done on a contract basis as appears in the preliminary esti-
mate to e.hich this statement is attached:
I. It is more economical and/or expedient for to contract
ED this adjustment because:
QH. G:+'Iv:,R is not adequately staffed or equipped to perform the
necessary wort; on this project with its o�m forces to the
extent as indicated on the preliminary estimate. -
PROCEDURE TO BE USED ITv CONTRACTING MM,
0 A. Solicitation for bids is to be accomplished through open advertising
and contract is to be awarded to the lowest qualified bidder who su'o-
r.-:its a proposal in conformaity with the requirements and specifications
for the wort: to be performed.
S. Solicitation for bids is to be accomplished by circularizing to a list
of orequalified 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 wort: to be performed. Since names and addresses of I:noem qualified
1.
2.
3.
4.
5.
NOTE: Under the provisions of Paragraph 6c of Policy and Procedure
We-morandum 30-4, the State must be informed of any addition
to this list prior to circularizing for bids.
D 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 attaclurent hereto.)
D. The utility proposes to contract outside the foregoing requirements
and therefore evidence in support of its proposal is attached to the
prelivinary estimate in order to obtain the concurrence of the State
and the Division Engineer, where applicable, prior to taking action
thereon (approval of the agreement shall be considered as approval
of such proposal).
ame) Samuel W. Wahl, P.E.
Director of Water and Utilities
(Title)
January 28, 1987
(Date)
dr Ph.
§�Pk -I .
COST SUMMARY
City of Lubbock:
Materials
Labor
Equipment
Contractor:
Materials and Labor
Consulting Engineer:
Design, Plans and Inspection
$ 700.00
1,700.00
1— 100.00
Sub -Total
Sub -Total
Sub -Total
* TOTAL COSTS
$ 3,500.00
f!c "`=!q 1 b ".1
1,102,201.40 (, fi3S
106,173.60
$1,211,875.00
* U-7491 was split into Phase A and Phase B.
The
PhasebB. billed as partial billings. Final bi 11 i ng awel j best rwill epresented above
he conclusion of
���
March 25, 1987
Mr. Claude Kneisley
State Department of Highways
and Public Transportation
Right -of -Way Office
P.O. Box 771
Lubbock, Texas 79408-0771
Re: City of Lubbock
I-27 Utility Adjustments
19th Street to 13th Street
Project No. I-27-7(8)305
Account No. 9005-27-13
CGS No. 0067-07-063
Attn: Mr. Joe Brown
Dear Joe:
At your request, the following is the breakdown for the City of Lubbock's
cost estimate for the above project:
DESCRIPTION TIME
A) Four Man Crew 46.0
1) Foreman 1.0
2) Equipment Operator 1.0
3) Construction & Maintenance-2 1.0
4) Construction & Maintenance-1 1.0
$COST/HR. TOTAL COST
37.00 $ 1,700.00
13.00 --
9.50 --
8.00 --
6.50 --
Subtotal $ 1,700.00
B) Materials
1) 4-Manhole rings and cover at $100.00 each = $ 400.00
2) 6-Valve Boxes at $35.00 each = $ 210.00
3) 2-Clean Outs at $45.00 each = $ 90.00
Parkhill, Smith & Cooper, Inc.
Engineers • Architects • Planners
43!? Avenue R, Lubbock, Texas 79412 806-747-0161
LuzLo,:k El Paso
Subtotal $ 700.00
Midland
Austa:
y!
p.is �!
C) Equipment`
1) 35.0 hours Backhole at $25.00/hr. _ $ 875.00
2) 22.5 hours Truck at $ 10.00/hr. = 210.00
Subtotal $1,100.00
CITY OF LUBBOCK TOTAL COST - $ 3,500.00
Please review this information and if you have any questions, call me.
Sincerely yours,
PARKHILL, SMITH AND COOPER, INC.
Al i Peyira /
AP/db
mc: Mr. Sam Wahl, P.E.
COMMISSION
ROBERT H. DEDMAN, CHAIRMAN
JOHN R. BUTLER, JR.
RAY STOKER, JR.
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
P. O. BOX 5075
AVSTIN, TEXAS 78763.5075
Utility Adjustment, U-7491
City of Lubbock
Lubbock County
I 27-7(8)305
CSJ 0067-07-063
9005-27-13
IH 27: From Loop 289(N) South
To 19th St. in Lubbock
District 5 - Lubbock
October 1, 1987
ccVsT s ,�,cta s __t
0 CT U 5 19K i
We are forwarding two assemblies relative to Part B of the adjustment
of City of Lubbock water and sewer facilities on the above captioned
project. This supplemental adjustment is approved under FHPM 6-6-3-1
dated September 6, 1985.
ENGINEER -DIRECTOR
R. E. STOTZER, JR.
IN REPLY REFER TO
D-15
Attached is a copy of a memorandum from D-8 relative to Lines 3S and 11W
located under the east frontage road of Erskine Street. Please note that
approval is subject to the following conditions:
1. there is no other place for the lines;
2. the lines will be placed under the frontage road shoulder;
3. no manholes will be located in these lines if at all possible,
or they will be offset from under the pavement where access can
be made from behind the curb.
The agreement forms are being returned unexecuted since this work is being
accomplished under Utility Agreement No. U-7491 which was executed on
June 10, 1987.
District 5 - Lubbock
-2-
October 1, 1987
The consultant contract for this adjustment was approved by our
letters of April 25, 1986, and October 30, 1986.
Prior to or at the time of final billing, we will need executed copies
of Form D-15-80A, Utility Joint Use Agreement.
Sincerely,
. �& 050�e
. �6r
U E. Clarke
Right of Way Engineer
RRM:bfd
Attachments
cc: Owen Whitworth (External Audit)