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Home My WebLink AboutResolution - 2103 - Standard Utility Agreement - TDHPT - Facility Removal/Revision, I27 ROW - 08/08/1985DGV:da RESOLUTION Resolution #2103 August 8, 1985 Agenda Item #27 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 and the State Depart- ment of Highways and Public Transportation, 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 8th day of August , 1985. ATTEST: e boya, city Secretary APPROVED AS TO CONTENT: e�a Carroll MCDona d, Director of lectric Utilities APPROVED AS TO FORM: uonalo u. vanaiver, Assistant City Attorney State Department of Highways and Public Transportation Form D-15-35 Page 1 of 4 Rev. 3-82 COUNTY Lubbock PROTECT _I 27-7(8)305 Resolution #2103 STANDARD UTILITY AGREEMENT ACCOUNT NO. 9005-27-13 AGREEMENT NO. HIGHWAY _IH 27: From Long 289(N) South to 19th Street in Lubbock PARTY OF THE FIRST PART: State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the STATE. PARTY OF THE SECOND PART: City of Luhhork (I _ P_ R 1 _ ) hereinafter called the OWNER, acting by and through its duly authorized representative. 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 Iiihhnr_k Highway IH 27 located from Loon 2gq (N) Snuth to --Loop 289 (S)_ 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 Policy and Procedure Memorandum 30-4, issued by the U. S. Department of Transportation Federal Highway Administration on June 29, 1973, and amendments thereto, and WHEREAS, execution by the STATE will constitute approval for the Federal Highway Administration under authority of Paragraph 16 of Policy and Procedure Memorandum 30-4, and WHEREAS, this proposed highway improvement will necessitate the relocation or adjust- ment of certain facilities of OWNER as indicated in the following statement of work:' Facility Removal/Revision in IH 27 ROW (Station 303 to Station 332) 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 form and manner required by Policy and Procedure Memorandum 30-4, and amendments thereto, and State Department of Highways and Public Transportation Form D-15-35 Page 2 of 4 Rev. 3-82 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 Ih relocating and.adjusting OWNER'S facilities up to the amount said costs may be eligible for State parti- cipation 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. IV I L^; (2) Actual direct and related indirect costs accumulated in accordance with an established accounting procedure developed by the OWNER and approved by the STATE. LJ_ (3) An agreed lump sum of $ , as supported by the analysis of estimated cost attached hereto. (Note: This method is not applicable where the estimated cost of the proposed adjustment exceeds $10,000.) 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 Policy and Procedure Memorandum 30-4 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 80% 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 relocations or adjustments, State Department of Highways and Public Transportation Form D-15-35 Page 3 of 4 Rev. 3-82 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 finally 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 6 of Policy and Procedure Memorandum 30-4 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 Policy and Procedure Memorandum 30-4. The OWNER will carry out said relocations and adjustments, accurately record the costs, and retain such records in accordance with applicable rules, regulations and procedures and all other provisions of Policy and Procedure Memorandum 30-4, 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 relocations and adjustments. Bills for work hereunder should be submitted to STATE not later than 90 days after completion of the work. It is (1KXKdiK) necessary to construct a new replacement facility. The replacement facility will (;Kk1d0b=0 remain in useful service beyond the time when the existing utility facility would have remained in useful service or would be replaced; there- fore, a credit for expired service life will 00N&x be allowed against the cost of the project. (Where credit is not allowed, additional documentation supporting such determination may be required.) 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. e � State Department of Highways and Public Transportation Form D -I5-35 Page 4 of 4 Rev. 3-82 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: RECOMMENDED FOR EXECUTION: District Engineer STATE OF TEXAS Party of the First Part Date: August 8, 1985 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: Right of Way Engineer for Highways and Public Transportation Executed and approved for State Highway and Public Transportation Commission under authority of Commission Minute