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HomeMy WebLinkAboutResolution - 1890 - Standard Utility Agreement - TDHPT - I27 Project - 12/13/1984Resolution #1890 December 13, 1984 Agenda Item #25 JWF:js RFSni 11TTnN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock 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, Account No. 9005-27-13, CSJ No. 0067-11-017 for Interstate Highway 27 Project in Lubbock, Texas for relocation and/or adjustment of water lines from 40th Street to Loop 289 South, 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. SECTION 2. THAT the Mayor is hereby authorized to execute any additional agreements, statements or documents necessary to carry out the purposes of the Contract hereinabove mentioned. Passed by the City Council this 13th day of December , 1984. Zk AL HENRY, M YOR ATTEST: ---Ranettle Boyd, City Secretary APPROVED -AS TO CONTENT: � � X, wa; � - 0 0 _"r- -- �__ WilrV6 D. Watson, Chief Engineer, Water Utilities APPROVED AS TO FORM: . City Att hey State Department of Highways and Public Transportation Form D-15-35 Page 1 of 4 Rev. 3-82 COUNTY Lubbock PROJECT I 27-7(35)301 HIGHWAY I. H. 27 Resolution #1890 #455H5007 STANDARD UTILITY AGREEMENT ACCOUNT NO. 9005-27-13 AGREEMENT NO. CSJ No. 0067-11-017 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 Lubbock Water and Sewer 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 Lubbock Highway I. H. 27 located from 40th Street to S. of Loop 289 S. 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 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: Temporary removal and eventual reinstallation of an 8" water line at Station 12 + 42 and a 3" water line at Station 14 + 30 on the approved 48th Street and 50th Street storm and sewer project for the above catpioned section of I. H. 27. 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 A 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. Uj (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 closts 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, wSti to 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 (XXX*KK) necessary to construct a new replacement facility. The replacement facility *XXX (will not) 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 J(XXj( (will not) 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. State Department of Highways and Public Transportation Form D-15-35 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 Owner: ITY OF LUB CK By:06 Az: 2� Title: 7"2 Date: 1-2— STATE T 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 State Department of Highways Resolution #1890 and Public Transportation Right of Way Division Form D -15-80A Page 1 of 2 Rev. 8-75 UTILITY JOINT USE AGREEMENT (controlled access highway) THE STATE OF TEXAS X COUNTY Lubbock PROJECT 1 27-7(35)301 COUNTY OF TRAVIS X ACCT. NO. 9005-27-15 HIGHWAY I.H. 27: 0067-11-017 LIMITS: From 40th Street To S. of Loop 289 S. in Lubbock WHEREAS, the State of Texas, hereinafter called the State, acting by and through the State Department of Highways and Public Transportation, proposes to make certain highway improvements on that section of the above indicated highway. WHEREAS, the City of Lubbock , hereinafter called the Owner, proposes to retain, locate or relocate certain.of its facilities and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated on the plans attached to Utility Agreement as executed by Owner on the 13th day of December , 19 84 , or on location sketches attached hereto except as provided below. NOW, THEREFORE, it is hereby mutually agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Where Owner by reason of ownership of an easement or fee title or otherwise under law has the right to alter, modify or add to facilities presently located within the area above described or construct additional facil- ities therein, such right is hereby retained, provided, however, if existing facilities are to be altered or modified or new facilities constructed within said area the Owner agrees to notify the State Department of Highways and Public Transportation prior thereto, to furnish necessary sketches showing location, type of construction, and methods to be used for protection of traffic, and if, in the opinion of the State Department of Highways and Public Transportation, such alteration, modification, or new construction will injure the highway or endanger the traveling public using said highway, the State Department of Highways and Public Transportation shall have the right, within 30 days after the receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway; provided further, however, that such regulations shall not extend to the requiring, of the placement of intended overhead lines underground or the routing -of any lines outside of the area of joint usage above described. OWNER hereby agrees that access for servicing its facilities normally will be limited to access via (a) Frontage roads where provided (b) Nearby or adjacent public roads and streets, or (c) Trails along or near the highway right of way lines, connecting only to an intersecting road; from any one or all of which entry may be made to the outer portion of the highway right of way. Where supports, manholes, or other appurtenances of the Owner's facilities are located in medians or interchange areas, access to them from the through -traffic roadways or ramps t State Department of Highways and Public Transportation Right of Way Division Form D -15-80A Page 2 of 2 Rev. 8-75 will be permitted but only by permits issued by the State to the Owner setting forth the conditions for policing and other controls to protect highway.users. If an emergency situation occurs, and the usual means of access for service operations as herein provided will not permit the immediate action required by the Owner in making emergency repairs as required for the safety and welfare of the public, the Owner shall have a temporary right of access to and from the through -traffic road- ways and ramp as necessary to accomplish the required emergency repairs. Participation in actual costs incurred by the Owner for any future relocation or adjustment of utility facilities required by highway construction shall be in accordance with and to the extent possible under applicable laws of the State of Texas. Except as expressly provided herein, (1) The Owner's rights of access to the through -traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public, and (2) The Owner and the State, by the execution of this agreement, do not waive or relinquish any right which they may have under the law or Constitution, State or Federal. In the event tfie Owner fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. IN WITNESS HEREOF, the parties hereto have affixed their signatures. STATE OF TEXAS State Department of Highways and Public Transportation District Engineer Right of Way Engineer Date owxERs CITY OF LUBBOCK By Tit__ Date 12-13-9, CERTIFICATE TO BE PLACED ON UTILITY COMPANY'S FINAL BILLING This constitutes relocation work Lubbock County, a final billing of costs of utility adjustment, removal performed in conjunction with highway improvement project Project No. 127-7(35)301, Highway Interstate 27 or in I, Alan Henry , certify that all items appearing hereon represent actual costs and do not exceed current costs for items listed hereon and that this statement, to the best of my knowledge, includes only those items eligible for reimbursement under State Statutes and State Highway and Public Transportation Commission Policies and that amounts deducted from the gross cost due to increase in value of the new utility and salvage value derived from the old utility represent a true and accurate representation of such values. I further certify that these costs, charges and credits, to the best of my knowledge, constitute a complete and final billing of all costs incurred. Signed Title Mayor Company CITY OF LUBBOCK Date Construction Began October 15, 1984 Date Construction Ended April 12, 1985