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HomeMy WebLinkAboutResolution - 2024-R0150 - Standard Utility Agreement Contract 18014, Txdot, Loop 88 Segment - 04/09/2024Resolution No. 2024-RO150 Item No. 6.6.1 April 9, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Standard Utility Agreement Contract No. 18014 for utility relocation on FM 1585 from Upland Avenue to Chicago Avenue, by and between the City of Lubbock and the Texas Transportation Commission, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on pnril 9, 2D24 TRAY P ATTEST: Courtney az, City Secretary APPROVED AS TO CONTENT: C� • . Erik Rejino, Assistant City Manager APPROVED AS TO FORM: Kelli Leisure, Senior flssistant City Attorney ccdocslRES.SUA -- No. I 8014 PM I S85 3.25.24 � Resolution No. 2024-RO150 m � « � Form ROW-U-35 (Rev.10/20) Page 1 District: LBB Federal Project No.: ROW CSJ: 1502-01-037 Highway Project Letting Date STANDARD UTILITY AGREEMENT U Number: Utility ID: 00019409 County: Lubbock Highway: FM1585 (SL88) From: Upland Ave 10/2024 To: Chicago Avenue This Agreement by and between the State of Texas, acting by and through the Texas Transportation Commission, ("State"), and City of Lubbock, ("Utility"), 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 as designated by the State and approved by the Federal Highway Administration within the limits of the highway as indicated above (the "Highway Project"); WHEREAS, the proposed Highway Project will necessitate the adjustment, removal, and/or relocation of certain facilities of the Utility as indicated in the following statement of work: Installation of approx. 6,200-LF of 12-inch C900 including hydrants and air release valves. Removal of 5,686 linear feet of existing 12-inch water line ; and more specifically as shown in the Utility's plans, specifications and estimated costs, which are attached hereto as Attachment "A". WHEREAS, the State will participate in the costs of the adjustment, removal, and relocation of certain facilities to the extent as may be eligible for State and/or Federal participation. WHEREAS, the State, upon receipt of evidence it deems sufficient, acknowledges the Utility's interest in certain lands and facilities that entitle it to reimbursement for the adjustment, removal, and relocation of certain of its facilities located upon the lands as indicated in the statement of work above. NOW, THEREFORE, BE IT AGREED: The State will pay to the Utility the costs incurred in adjustment, removal, and relocation of the Utility's facilities up to the amount said costs may be eligible for State participation. All conduct under this agreement, including but not limited to the adjustment, removal, and relocation of the facility, the development and reimbursement of costs, any environmental requirements, and retention of records will be in accordance with all applicable federal and state laws, rules and regulations, including, without limitation, the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. §§ 4601, et seq., the National Environmental Policy Act, 42 U.S.C. §§ 4321, et seq., the Buy America provisions of 23 U.S.C. § 313 and 23 CFR 635.410, as amended, Texas Transportation Code § 223.045, the Utility Relocations, Adjustments, and Reimbursements provisions of 23 CFR 645, Subpart A, and the Utility Accommodation provisions of 23 CFR 645, Subpart B. The Utility shall supply, upon request by the State, proof of compliance with the aforementioned laws, rules, regulations, and guidelines prior to the commencement of the adjustment, removal, and relocation of the facility. The Utility shall not commence any physical work, including without limitation site preparation, on the State's right of way or future right of way, until TxDOT provides the Utility with written authorization to proceed with the physical work upon TxDOT's completion and clearance of its environmental review of the Highway Project. Any such work by the Utility prior to TxDOT's written authorization to proceed will not be eligible for reimbursement and the Utility MGK 02-19-2024 Initial Date Initial Date TxDOT Utility Form ROW-U-35 (Rev. 10/20) Page 2 is responsible for entering any property within the proposed limits of the Highway Project that has not yet been acquired by TxDOT. This written authorization to proceed with the physical work is in addition to the authorization to commence work outlined below. Notwithstanding the foregoing, the provisions of this paragraph are required only when TxDOT has not obtained completion and clearance of its environmental review of the Highway Project prior to the execution of this Agreement by the State and the Utility. The Utility shall comply with the Buy America provisions of 23 U.S.C. § 313, 23 CFR 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code § 223.045 and, when products that are composed predominately of steel and/or iron are incorporated into the permanent installation of the utility facility, use domestically manufactured products. TxDOT Form 1818 (Material Statement), along with all required attachments, must be submitted, prior to the commencement of the adjustment, removal, and relocation of the facility, as evidence of compliance with the aforementioned provisions. Failure to submit the required documentation or to comply with the Buy America, and Steel and Iron Preference requirements shall result in: (1) the Utility becoming ineligible to receive any contract or subcontract made with funds authorized under the Intermodal Surface Transportation Efficiency Act of 1991; (2) the State withholding reimbursement for the costs incurred by the Utility in the adjustment, removal, and relocation of the Utility's facilities; and (3) removal and replacement of the non- compliant products. The Utility agrees to develop relocation or adjustment costs by accumulating actual direct and related indirect costs in accordance with a work order accounting procedure prescribed by the State, or may, with the State's approval, accumulate actual direct and related indirect costs in accordance with an established accounting procedure developed by the Utility. Bills for work hereunder are to be submitted to the State not later than one (1) year after completion of the work. Failure to submit the request for final payment, in addition to all supporting documentation, within one (1) year after completion of the work may result in forfeiture of payment for said work. When requested, the State will make intermediate payments at not less than monthly intervals to the Utility when properly billed. Such payments will not exceed 90 percent (90%) 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. The State will, upon satisfactory completion of the adjustment, removal, and/or relocation and upon receipt of final billing prepared in an approved form and manner and accounting for any intermediate payments, make payment in the amount of 90 percent (90%) of the eligible costs as shown in the final billing prior to audit and after such audit shall make an additional final payment totaling the reimbursement amount found eligible for State reimbursement. Alternatively, the State agrees to pay the Utility an agreed lump sum of $N/A as supported by the attached estimated costs. The State will, upon satisfactory completion of the adjustments, removals, and relocations and upon receipt of a final billing, make payment to the Utility in the agreed amount. Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Utility to perform such work diligently and to conclude said adjustment, removal, and relocation by the stated completion date which is attached hereto in Attachment "C". The completion date shall be extended for delays caused by events outside the Utility's control, including an event of Force Majeure, which shall include a strike, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, sabotage, or other events, interference by the State or any other party with the Utility's ability to proceed with the work, or any other event in which the Utility has exercised all due care in the prevention thereof so that the causes of other events are beyond the control and without the fault or negligence of the Utility. This agreement in its entirety consists of the following elements: Standard Utility Agreement — ROW-U-35; • Plans, Specifications, and Estimated Costs (Attachment "A"); • Accounting Method (Attachment "B"); • Schedule of Work (Attachment "C"); • Statement Covering Contract Work — ROW-U-48 (Attachment "D"); • Utility Joint Use Agreement — ROW-U-JUA and/or Utility Installation Request — Form „E„�; 1082 (Attachment MGK 02-19-2024 Initial Date Initial Date TxDOT Utility Form ROW-U-35 (Rev. 10/20) Page 3 • Eligibility Ratio (Attachment "F"); • Betterment Calculation and Estimate (Attachment "G"); and • Proof of Property Interest — ROW-U-Affidavit (Attachment "H"). All attachments are included herein as if fully set forth. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefore shall be limited to costs covered by a modification or amendment of this agreement or a written change or extra work order approved by the State and the Utility. 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 such cancellation will not create any liability on the part of the State. However, the State will review and reimburse the Utility for eligible costs incurred by the Utility in preparation of this Agreement. The State Auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Utility by execution of this agreement does not waive any of the rights that the Utility may have within the limits of the law. It is expressly understood that the Utility conducts the adjustment, removal, and relocation at its own risk, and that the State makes no warranties or representations regarding the existence or location of utilities currently within its right of way. MGK 02-19-2024 Initial Date Initial Date TxDOT Utility Y Form ROW-U-35 (Rev.10/20) Page 4 The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. UTILITY Utility: City of Lubbock Water and Wastewater Name of Utility By: � . Authorized Signature Michael G. Keenum Print or Type Name Title: Division Director of Engineering Date: 02-19-2024 THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: District Engineer (or designee) Date: EXECUTION RECOMMENDED: Director of TP&D (or designee), District MGK 02-19-2024 Initial Date Initial Date TxDOT Utility � Resolution No. 2024-RO150 � � � Fortn ROW-U-35 (Rev.10120) Page 1 STANDARD UTILITY AGREEMENT U Number: Utility ID: 00019409 District: LBB County: Lubbock Federal Project No.: Highway: FM1585 (SL88) ROW CSJ: 1502-01-037 From: Upland Ave Highway Project Letting Date: 10/2024 To: Chicago Avenue This Agreement by and between the State of Texas, acting by and through the Texas Transportation Commission, ("State"), and City of Lubbock, ("Utility"), 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 as designated by the State and approved by the Federal Highway Administration within the limits of the highway as indicated above (the "Highway Project"); WHEREAS, the proposed Highway Project will necessitate the adjustment, removal, and/or relocation of certain facilities of the Utility as indicated in the following statement of work: Installation of approx. 6,200-LF of 12-inch C900 including hydrants and air release valves. Removal of 5,686 linear feet of existing 12-inch water line ; and more specifically as shown in the Utility's plans, specifications and estimated costs, which are attached hereto as Attachment "A". WHEREAS, the State will participate in the costs of the adjustment, removal, and relocation of certain facilities to the extent as may be eligible for State and/or Federal participation. WHEREAS, the State, upon receipt of evidence it deems sufficient, acknowledges the Utility's interest in certain lands and facilities that entitle it to reimbursement for the adjustment, removal, and relocation of certain of its facilities located upon the lands as indicated in the statement of work above. NOW, THEREFORE, BE IT AGREED: The State will pay to the Utility the costs incurred in adjustment, removal, and relocation of the Utility's facilities up to the amount said costs may be eligible for State participation. All conduct under this agreement, including but not limited to the adjustment, removal, and relocation of the facility, the development and reimbursement of costs, any environmental requirements, and retention of records will be in accordance with all applicable federal and state laws, rules and regulations, including, without limitation, the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. §§ 4601, et seq., the National Environmental Policy Act, 42 U.S.C. §§ 4321, et seq., the Buy America provisions of 23 U.S.C. § 313 and 23 CFR 635.410, as amended, Texas Transportation Code § 223.045, the Utility Relocations, Adjustments, and Reimbursements provisions of 23 CFR 645, Subpart A, and the Utility Accommodation provisions of 23 CFR 645, Subpart B. The Utility shall supply, upon request by the State, proof of compliance with the aforementioned laws, rules, regulations, and guidelines prior to the commencement of the adjustment, removal, and relocation of the facility. The Utility shall not commence any physical work, including without limitation site preparation, on the State's right of way or future right of way, until TxDOT provides the Utility with written authorization to proceed with the physical work upon TxDOT's completion and clearance of its environmental review of the Highway Project. Any such work by the Utility prior to TxDOT's written authorization to proceed will not be eligible for reimbursement and the Utility MGK 02-19-2024 Initial Date Initial Date TxDOT Utility Fortn ROW-U-35 (Rev. 10120] Page 2 is responsible for entering any property within the proposed limits of the Highway Project that has not yet been acquired by TxDOT. This written authorization to proceed with the physical work is in addition to the authorization to commence work outlined below. Notwithstanding the foregoing, the provisions of this paragraph are required only when TxDOT has not obtained completion and clearance of its environmental review of the Highway Project prior to the execution of this Agreement by the State and the Utility. The Utility shall comply with the Buy America provisions of 23 U.S.C. § 313, 23 CFR 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code § 223.045 and, when products that are composed predominately of steel and/or iron are incorporated into the permanent installation of the utility facility, use domestically manufactured products. TxDOT Form 1818 (Material Statement), along with all required attachments, must be submitted, prior to the commencement of the adjustment, removal, and relocation of the facility, as evidence of compliance with the aforementioned provisions. Failure to submit the required documentation or to comply with the Buy America, and Steel and tron Preference requirements shall result in: (1) the Utility becoming ineligible to receive any contract or subcontract made with funds authorized under the Intermodal Surface Transportation Efficiency Act of 1991; (2) the State withholding reimbursement for the costs incurred by the Utility in the adjustment, removal, and relocation of the Utility's facilities; and (3) removal and replacement of the non- compliant products. The Utility agrees to develop relocation or adjustment costs by accumulating actual direct and related indirect costs in accordance with a work order accounting procedure prescribed by the State, or may, with the State's approval, accumulate actual direct and related indirect costs in accordance with an established accounting procedure developed by the Utility. Bills for work hereunder are to be submitted to the State not later than one (1) year after completion of the work. Failure to submit the request for final payment, in addition to all supporting documentation, within one (1) year after completion of the work may result in forfeiture of payment for said work. When requested, the State will make intermediate payments at not less than monthly intervals to the Utility when properly billed. Such payments will not exceed 90 percent (90%) 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. The State will, upon satisfactory completion of the adjustment, removal, and/or relocation and upon receipt of final billing prepared in an approved form and manner and accounting for any intermediate payments, make payment in the amount of 90 percent (90%) of the eligible costs as shown in the final billing prior to audit and after such audit shall make an additional final payment totaling the reimbursement amount found eligible for State reimbursement. Alternatively, the State agrees to pay the Utility an agreed lump sum of $N/A as supported by the attached estimated costs. The State will, upon satisfactory completion of the adjustments, removals, and relocations and upon receipt of a final billing, make payment to the Utility in the agreed amount. Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Utility to perform such work diligently and to conclude said adjustment, removal, and relocation by the stated completion date which is attached hereto in Attachment "C". The completion date shall be extended for delays caused by events outside the Utility's control, including an event of Force Majeure, which shall include a strike, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, sabotage, or other events, interference by the State or any other party with the Utility's ability to proceed with the work, or any other event in which the Utility has exercised all due care in the prevention thereof so that the causes of other events are beyond the control and without the fault or negligence of the Utility. This agreement in its entirety consists of the following elements: Standard Utility Agreement — ROW-U-35; • Plans, Specifications, and Estimated Costs (Attachment "A"); • Accounting Method (Attachment "B"); • Schedule of Work (Attachment "C"); • Statement Covering Contract Work — ROW-U-48 (Attachment "D"); • Utility Joint Use Agreement — ROW-U-JUA and/or Utility Installation "E Request — Form 1082 (Attachment MGK 02-19-2024 Initial Date Initial Date TxDOT Utility Form ROW-U-35 (Rev. 10120) Page 3 • Eligibility Ratio (Attachment "F"); • Betterment Calculation and Estimate (Attachment "G"); and • Proof of Property Interest — ROW-U-Affidavit (Attachment "H"). All attachments are included herein as if fully set forth. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefore shall be limited to costs covered by a modification or amendment of this agreement or a written change or extra work order approved by the State and the Utility. 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 such cancellation will not create any liability on the part of the State. However, the State will review and reimburse the Utility for eligible costs incurred by the Utility in preparation of this Agreement. The State Auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Utility by execution of this agreement does not waive any of the rights that the Utility may have within the limits of the law. It is expressly understood that the Utility conducts the adjustment, removal, and relocation at its own risk, and that the State makes no warranties or representations regarding the existence or location of utilities currently within its right of way. MGK 02-19-2024 Initial Date Initial Date TxDOT Utility Fortn ROW-U-35 (Rev.10120j Page 4 The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. UTILITY Utility: City of Lubbock Water and Wastewater Name of Utility By: ,� . Authorized Signature Michael G. Keenum Print or Type Name Title: Division Director of Engineering Date: 02-19-2024 THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Date: Initial Date TxDOT MGK Initial Utility District Engineer (or designee) EXECUTION RECOMMENDED: Director of TP&D (or designee), District 02-19-2024 Date Fortn ROW-U35 (Rev. 10/20) Page 5 Attachment "A" Plans, Specifications, and Estimated Costs All material items within cost estimate that must meet Buy America or Steel and Iron Preference Provision requirements must be indicated with an asterisk (*). ❑ Currently, we do not have Buy America required materials planned for this project. In the event that Buy America compliant materials are used during construction on this project, compliance documentation will be provided. ❑ There are non-domestic iron and steel materials in this project that fall under the De Minimus equation. Calculation showing the total cost does not exceed one-tenth of one percent (0.1 %) of the individual utility agreement amount or $2,500.00, whichever is greater is required. � We understand the Buy America Compliance Requirements and will supply the required documentation to TxDOT indicating compliance with this provision. The following documents will be supplied prior to installation of the materials: 1) Form 1818 - Material Statement 2) Material Test Reports or Certifications MGK 02-19-2024 Initial Date Initial Date TxDOT Utility � City ofi � �� TEIIAS February 8, 2024 Steven Warren, P.E. Lubbock District Engineer TxDOT Lubbock District 135 Slaton Road Lubbock, TX 79404 RE: Abandonment Letter State Loop 88 Project RCSJ 1502-035 CSJ 1502-029 Lubbock County Location: Between Milwaukee Avenue and Frankford (See plan sheet) Dear Mr. Warren: The City of Lubbock hereby requests portions of the existing utility facility adjustments andlor relocations shown in the attached plan sheet to be abandoned in place. The existing 12-inch water facility in 20-inch steel casing to be abandoned in place in compliance with TxDOT's Utility Accommodation Rules (UAR). These abandonments will be performed by the TxDOT Contractor under the Loop 88 project. During the utility adjustment/relocation, the vacated facilities that are shown in the attached plan sheets as abandoned in place shall be cut, capped, flow filled and left in place. • Station, Size, Type (material composition) and Linear Feet to be abandoned: Loop 88 Sta No. Size Length Start End (Inches) Material �Feet) 3372+12, 54'RT RT 2�-12, 164 12 PVC 110 The existing pipeline operating condition is: Optimal. The existing pipeline is not in conflict with other existing utilities. Abandonment will not cause conflict with either the proposed construction and/or other utilities as these facilities will be removed during Highway Construction Contract. The removal of abandoned facilities as shown in the attached plan sheet will be performed by the TxDOT Contractor. This abandonment shall not be construed as a change in ownership of the facility. City of Lubbock assumes all financial responsibility and property ownership of the abandoned lines. Citv of Lubbock will be responsible for maintaining abandoned facility records, in accordance with the Texas Department of Transportation Utility Accommodation Rules (UAR). City of Lubbock certifies that this abandonment conforms to all requirements of UAR 43TAC §21.39 of the Texas Administrative Code (TAC) and all current federal, state, and local laws, codes and industry standards. There is no environmentally sensitive/hazardous material associated with this proposed abandonment. If you have any questions, please contact this office at �806) 775-2393. Your attention to this matter is appreciated. Sincerely, �.��- � ,��. Michael G. Keenum, P.E., CFM Division Director of Engineering/City Engineer City of Lubbock 1314 Avenue K Lubbock, TX 79401 MKeenum��mylubbock.us