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HomeMy WebLinkAboutResolution - 052870H - Agreement - State Highway Commission - Stomr Sewers U.S. 84 - 05_28_1970KJ:sw RESOLUTION WHEREAS, the City of Lubbock has found it necessary to construct storm sewers on U. S. Highway 84 from 22nd Street to Clovis Road, and WHEREAS the City of Lubbock has .requested the State Highway.Com- mission to construct or have constructed such storm sewers and the State High- way Commission by Minute Order No. 61942 has agreed to construct or have constructed such improvements upon a condition that the City of Lubbock be responsible for the entire expense of such work; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor and City Council BE and are hereby authorized to enter into an agreement between the City of Lubbock and the State Highway Commis- sion covering such construction agreement with the estimated construction cost to be $19, 500. 00, a copy of such agreement being 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 28th ATTEST: Lavenia Lowe, CityS cretary-Treasurer APPROVED: Fred O. Senter, Jr, , City Atto ey J7P C 52-7-34 C 53-18-12 Lubbock County STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this l day of MAY , 1970, by and between the City of Lubbock, Texas, hereinafter called the "City", Party of the First Part, acting -by and through . its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway Commission. WHEREAS, the City desires the construction of storm sewer work including incidental items within the limits from 22nd Street to Clovis Road in Lubbock on U. S. Highway No. 84, which is solely the City's responsibility and.the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense. The estimated construction cost of this work is Nineteen Thousand Five Hundred and No/100 Dollars ($19,500.00), including .contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement f , agrees to the terms and conditions of State Highway Commission Minute No. 61942, as it applies to the City, a copy of which is . attached hereto and marked "Exhibit A" and made a part of this agreement. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to 1. ' I the State with the return of this agreement, executed by the City, a warrant made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Nineteen Thousand Five Hundred and No/100 Dollars ($19,500.00), to be used -in paying for the proposed work required by the City in the City of Lubbock. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvement it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supple- ment this amount by an amount equal to the City's full estimated or actual share of the cost of this .work less the amount pre- viously paid into Trust Fund No. 927. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided,' will include the cost of contingencies and construction engi- neering. It is further understood that the City by the execu- tion of this agreement agrees to the terms and conditions of State Highway Commission Minute No. 61942, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. 2. I i IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF LUBBOCK STATE OF TEXAS Party of the First Part STATE HIGHWAY COMMISSION Party of the Second Part r. By. Mayor Certified as being executed for the purpose and effect of activating By: and/or carrying out the orders, Member of City Council established policies, or work programs heretofore approved By: and authorized,by the State Member of City Council Highway Commission: By: By: Member of City Council Asst. State Highway Engineer under authority of Commission Minute By: 60394 I Member of City Council I Recommended for execution: for pproved .:.Director, Finance r ty Attorney . 3. WHEREAS, in LUBBOCK COUNTY on U. S. HIGHWAY 84, the City of Lubbock has requested assistance in the widening and reconstructing of pavement including incidental items thereto on Avenue Q from Clovis Road south to 22nd Street, a distance of approximately 1.4 miles; and. WHEREAS, an analysis of the request indicates that such work will materially add to traffic safety on this facility; NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Lubbock: Provided the City will: 1. Provide for the adjustment of utilities, etc., all as may be necessary for a complete project with the exception of pave - went and its support. 2. Assume responsibility for the construction of driveways and ! sidewalks should they be deemed necessary now or in the future and agree to make such installations in accordance with governing policies and regulations of the Department. 3. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement, and agree to regulate traffic, provide for parallel parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. The Texas Highway Department will: 1. Provide for replacement of curb, gutter and storm sewers destroyed during construction, and the widening and recon- struction of pavement within these limits. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. It is understood that the responsibility of the Texas Highway De- partment is confined to the pavement and its support, and all other features necessary now or in the future to provide an adequate travel facility shall be the responsibility of the City of Lubbock. i Upon acceptance of the provisions of this Order by the appropri- ate officials of the City of Lubbock, the`tate Highway Engineer is directed to proceed with the development of plans for construction and after the City has fulfilled its responsibilities, proceed with construction in the most feasible and economical manner, financing the cost in the Supple- ment to the 1969-1970 Consolidated Highway Program. No Text