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HomeMy WebLinkAboutResolution - 2525 - Standard Utility Agreement - TDHPT - LP&L, I27 Construction Project - 02/12/1987DGV:js Q1:cn1 irrrnni Reso. #2525 February 12, 1987 Agenda Item #20 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 by and between the City of Lubbock (LP&L) and the State Department of Highways and Public Transportation, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the min- utes 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: anette Boyd -,-City Secretary APPROVED AS TO CONTENT: Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: D ald . andiver, First Assist City Attorney State Department of Highways and Public Transportation Re so . #2525 Form D-15.35 Page 1 of 2 Rev. 5-86 Standard Utility Agreement FEDERAL -AID INTERSTATE Agreement No. COUNTY Lubbock ACCOUNT NO. 9005-27-15 PROJECTNO. _1-27-7 (5) 301 HIGHWAY NO. 1-27 from 40th St_ Smith South of Loop 289 South in Lubbock CSJ NO. nO67-11-017 CONTRACT NO. 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 (LP & L ) 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 _ Luhhock Highway iN-?7 located from Loop 289 North, South to Loop 289 South, in Lubbock ;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: Facility Removal/Revision in 1H-27 R.O.W. (Station 76 + 44.59 to 206 + 18+) 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 Department of Highways and Public Transportation Form D-15-35 Page 2 of 2 Rev. 546 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 80010 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: r i r y of I u E har- k (LP F L) Execution Recommended: In Date: '-JdlLy ack i cLai y THE STATE OF TEXAS APPROVED AS TO CONTENT: Carroll McDonald, Director of Electric Utilities DorFaFd G. Vandiver, First Assistant City Attorney 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. BY: Date Right of Way Engineer 1-27 SUMMARY SHEET Sta. #76 + 44.59 To 206 + 181' NEW MATERIALS REQUIRED 7.5% WHSE. CHARGE SALVAGE MATERIAL REMOVED LABOR CHARGES EQUIPMENT CHARGES $ 100,822.71 7,561.70 $ 108,384.41 (54,167.61) 250,787.74. 148,005.68 TOTAL PROJECT COST $ 453,010.22 TOTAL LABOR & EQUIPMENT ESTIMATES Job A Labor $123,916.72 - Equipment 101,865.72 Job B Labor $ 93,786.60 Equipment 33,428.14 Job C Labor $ 24,360.64 Equipment 11,363.42 Job D Labor $ 3,525.70 Equipment 509.20 Job E Labor $ 3,580.80 Equipment 575.84 Job F Labor $ 1,617.28 Equipment 263.36 TOTAL LABOR & EQUIPMENT ESTIMATE $ 225,782.44 127,214.74 35,724.06 4,034.90 4,156.64 $ 398,793.42 37TH ST. _ a y rl - 38TH -- -- 0 39TH 21-4 37TH ST. i L� ST. AAIUN Fn � T ST. � 1 � , � �.�.e••. �_ +.: c -s.. a any -i ^-.��rw._s+_.�... 'ten+ ♦ _ � .' - - I i • , 40TH ST,- 41 ST 42ND ST. ST. 2 .J IL i I wir A_ I -los' do i 205 MUM 40TH ST._7- Ir 41ST ST r ,II. zoo • 42ND �m I I ST. AP 3 M + -� w - � C9 r e H M, D No - .,_- - 7rsrM��saosaw•a.�a..asr=...._...._ - — a _�.r.�.--t....• a 49TH.._�. ew L M � v D m 43RD ST. 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