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Home My WebLink AboutRES 880202 - Agmt Utility Joint Use IH 35RESOLUTION NO.'0 P—CJ A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF GEORGETOWN, TEXAS, AND THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AUTHORIZING UTILITY JOINT USE WITHIN THE LIMITS OF INTERSTATE HIGHWAY 35 LOCATED ADJACENT TO RANCH TO MARKET 2243, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME. WHEREAS, the City of Georgetown, Texas, is the major distributor of electrical power within its corporate limits; and WHEREAS, the City Council finds that safe and efficient distribution of electrical power is essential to the operation of the City's Public Works Department; and WHEREAS, the State Department of Highways and Public Transportation allows, for all utility providers, the permitted use of certain portions of its rights-of-way; and WHEREAS, the State Department of Highways and Public Transportation and the City of Georgetown desire to enter into an agreement for utility joint use agreement and standard utility agreement, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS:: Section I. The Council finds that the recitals set forth above are true and correct and are incorporated herein. Section II. That the City Council approves the agreement between the City of Georgetown and the State Department of Highways and Public Transportation for utility joint use agreement and standard utility agreement which is attached hereto and incorporated herein, as if fully set forth at length. Section III. That the City Manager is hereby authorized to sign the agreements and provide back-up documentation. PASSED and APPROVED this day of �/' ,1 , 1988. ATTEST: Leta F. Willoughby, THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF GEORGETOWN I, , being the current City Secretary of the City of Georgetown, Texas do hereby certify that the attached is a true and correct copy of Resolution No. , passed and approved by the City Council of the City of Georgetown, Texas on the day of -, 19 , and such resolution was duly adopted at a meeting open to the public and notice of said meeting, giving the date, place, and subject thereof, was posted as prescribed by Article 6252-17, Section 3A, VATCS. Witness by hand and seal of office this day of 19 (City Seal) City Secretary (City Seal) State P De ament of Highways Department and'PubUc Transportation Form D-15-35 ,Page I of 2 Rev. 5-86 Mr.rfolmi . I am=,� . V Xmsl�� MSEEMMM COUNTY Williamson Ifflew-JUNW116111 x3affe JW111J%111VXW1� HIGHWAY NO. I. H. 35 This Agreement by and between the State of Texas, acting by and throT9_ffTffe--STa-Ue- grnway an tation Commission, hereinafter called the State, and City of Geoigetown Elect-rir 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 Adrministration generally described as follows: County Williamson —Highway IH 35 — located fr4= at R. M. 2243 ; 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 -A d 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 un•- . a e 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 is participation. The Owner has determined that the method to be used in' developing the relocation or adjustment costs shall be as speced for themethod checked and described hereafter: FX3 (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. El (2) Actual direct and related indirect costs accumulated in accordance with an established accounting procedure developed by the Owner and approved by the State. 0 (3) An agreed lump sum of $ as supported by the analysis of estimated costs attached hereto. -,cps rtment of Hig hways And Public Transportation Formt-6-15<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 "f 6-6-3-1, and amendments thereto, make payment in the amount of 90% of the eligible costs as shown in the fm]a1J 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 relocatioi L . . . . . . eh -M 11 1 1 11 11 1,; 11-i C paid by the Mate pursuant to this agreement shall be fifl] compensation to Owner tor 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. 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. M Title: District Engineer THE STATE OF TEXAS Date: 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. M Right of Way Engineer i=s CITY OF GEORGETOWN, TEXAS DATE: June 6, 1988 TO: Mayor and City Council City Manager SUBJECT: RM 2243 Bridge Widening Project No. 00420 The State Department of Highways and Public Transportation has made a request that the City of Georgetown relocate electrical facilities within their rights-of-way. This relocation will be at the intersection of IH 35 and RM 2243. The purpose of this relocation will be for a Federally funded bridge widening project. Since this is Federally funded, all costs incurred by the City will be 100 % reimbursable. In order to relocate these facilities, we must first pass a resolution authorizing the City Manager to sign, on behalf of the City of Georgetown, all necessary paperwork requested by the Highway Department. Therefore, City staff recommends passage of the resolution authorizing the City Manager to sign all necessary joint use and utility agreements with the State Department of Highways and Public Transportation for this project. Funding source will be operating funds. Proposed Motion: That the City Council approve the agreement between the City of Georgetown and the State Department of Highways and Public Transportation for utility joint use agreement and standard utility agreement, and authorize the City Manager to sign these agreements on behalf of the City of Georgetown. Allyn'Moore, P.E. Director of Public Works JB/dh RE: RM 2243 Bridge Widening A resolution approving an agreement between the City of Georgetown, Texas, and the State Department of Highways and Public Transportation at RM 2243 and IH 35. MEM;