1989R14- AGREEMENTS COVERING CONTRACT WORK
RESOLUTION NO.~~~~~
A RESOLUTION
APPROVING A STANDARD UTILITY AGREEMENT, A
UTILITY JOINT USE AGREEMENT AND A STATEMENT
COVERING CONTRACT WORK BETWEEN THE CITY OF
SCHERTZ, TEXAS AND THE STATE OF TEXAS
PERTAINING TO PROJECT NO. IR 35-2(193)174,
INTERSTATE HIGHWAY 35.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT the Util i ty Joint Use Agreement, the Standard
Utility Agreement and the Statement, copies of which are attached
and made a part hereof, be hereby approved; and
THAT the City Manager is hereby authorized to execute
said agreements and statements on behalf of the City of Schertz,
Texas, and to transmit the same to the State of Texas for
appropriate action.
PASSED, APPROVED AND ADOPTED this
1989.
the _%day of_1f~ ..,
4~-
Mayor~lty of Schertz, Texas
ft"t;.41
ATTEST:
City of Schertz
OF CITY)
Sta.tl:' Department of Highwa)'s
"lIi"nd f.oublic Transportation ,
Fonn D.15.35,
hge'l of 2 Re.... S-86
.
.
Standard Utility Agreement
FEDERAL-AID INTERSTATE
Agreement No.
COUNTY
PROJECT NO.
CSJ NO.
Guadalupe
ACCOUNT NO.
9015-5-42
IR 35-2(193)174
0016-06-034
HIGHWAY NO.
CONTRACT NO.
Interstate Hiqhwav 35
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 Ci tv of Schertz (Water)
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 Guada 1 upe Highway IH 35 located from Bexar County Line
to F .M. 3009
; 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:
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:
D (I) Actual direct and related indirect costs accumulated in accordance with a work order accounting
procedure prescribed by the applicable Federal or State regulatory body.
[if (2) Actual direct and related indirect costs accumulated in accordance with an established accounting
procedure developed by the Owner and approved by the State.
D (3) An agreed lump sum of $ , as supported by the analysis of estimated costs
attached hereto.
State Deptartment of Highways
. and Public Transportation
Fonn D-lS-35 ,
Pag~ 2. of 2. Rev. 5-86
.
.
r
If costs are developed under procedure (I) 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 900/0 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 800/0 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 [mal approved project agreement and plans.
Form 0-15-48 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 onl)" 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 rnles, 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 it 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~ Schertz
By: ~-
(Water)
Execution Recommended:
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.
BY:
Right of Way Engineer
Date
State Department of Highways
IlIDd Public Tnmsportatlon
Form D.tS-BOA
Page t of 2 Rev. 11-86
. .
Utility Joint Use Agreement
(Controlled Access Highway)
Agreement No.
THE STATE OF TEXAS
I
I
I
County
Project No.
CSJ No.
Account No.
Highway No.
Limits: From
Guadalupe
IR 35-2(193)174
0016-06-034
90l5-5-42
Interstate Hiqhway 35
Bexar County Line
COUNTY OF TRAVIS
To F .M. 3009
r....
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; and
WHEREAS,the City of Schertz (Water) ,hereinaftercalledtheOwner,proposesto
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
Standard Utility Agreement as executed by Owner on the day of
19 _ , 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 facilities 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 fur-
nish 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 altera-
tion, 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 anyone or all of which entry may be made
to the outer portion of the highway right uf 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 road-
ways or ramps 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 emegency 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 roadways and ramp as
necessary to accomplish the required emergency repairs.
.
State Department of Hlgbways
and PubUc Transportadon
Form D-15-80A
Page 1 of 1 Rev. 11-86
.
.
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 the 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 WHEREOF, the parties hereto have affixed their signatures.
Owner: City of Schertz (Water)
By:
Title:
Date:
EXECUTION RECOMMENDED:
~~
CYI3! rt
K\(\L
~-
District Engineer
TIlE STATE OF TEXAS
Certified as being executed for the purpose and effect of activating and/or carry-
ing out the orders. established policies, or work programs heretofore approved
and authorized by the State Highway and Public Transportation Commission.
BY:
State Right of Way Engineer
Date
, State Departmenl of Highways
lind Public Transportation
~FonD 0-1548
Page 1 of:1 Rev. 11+86
.
.
Statement
(Covering Contract Work as Appears in Preliminary Estimate)
Agreement No.
COUNTY
Guadalupe
ACCOUNT NO.
HIGHWAY NO.
90l5-5-42
PROJECT NO.
IR 35-2(193)174
OOl6-06-034
Interstate Highway 35
CSJNO.
I, , a duly authorized and qualified representative
of City of Schertz (Water) , hereinafter referred to as Owner, am fully cognizant of the
facts and make the following statements in respect to work which will or may be done on a contract basis as
appears in the preliminary estimate to which this statement is attached:
o I. It is more economical and/or expedient for Owner to contract this adjustment because:
~ II.
Owner is not adequately staffed or equipped to perform the necessary work on this project
with its own forces to the extent as indicated on the preliminary estimate.
~A.
Procedure to be Used in Contracting Work
Solicitation for bids is to be accomplished through open advertising and contract is to be
awarded to the lowest qualified bidder who submits a proposal in conformity with the
requirements and specifications for the work to be performed.
o B. Solicitation for bids is to be accomplished by circularizing to a list of prequalified contractors
or known qualified contractors and such contract is to be awarded to the lowest qualified
bidder who submits a proposal in conformity with the requirements and specifications for the
work to be performed. Such presently known contractors are listed below:
1.
2.
3.
4.
5.
.
.
Stale Department of Highways
and Pub6c Transportation
Fonn D.1548
Page 1 of 2 Rev. 11.86
o C. The work is to be performed under an existing continuing contract under which certain work is
regularly performed for Owner and under which the lowest available costs are developed. (If
only part of the contract work is to be done under an existing continuing contract give detailed
information by attachment hereto.)
o D. The utility proposes to contract outside the foregoing requirements and therefore evidence in
support of its proposal is attached to the preliminary estimate in order to obtain the concur-
rence of the State and the Federal Highway Administration Division Engineer, where
applicable, prior to taking action thereon (approval of the agreement shall be considered as
approval of such proposal). .
KfL
q!"
~/~
13 ~7
Date