HomeMy WebLinkAboutResolution - 2011-R0172 - Agreement To Contribute Funds - TXDOT - 04/28/2011Resolution No. 2011-RO172
April 28, 2011
Item No. 5.6
RESOLUTION
WHEREAS, the Texas Department of Transportation, hereinafter called the State, and
City of Lubbock, hereinafter called the City, propose to enter into a contractual agreement to
acquire right of way and adjust utilities for a highway project on FM 1730 (Slide Road) from 98th
Street to F.M. 15 85; and
WHEREAS, the City requests that the State assume responsibility for acquisition,
including all appraisal costs and associated overhead costs, of all necessary right of way
and adjustment of utilities for said highway project; and
WHEREAS, the City desires to contribute to the State funding participation as
defined in 43 TAC, §15.55 for the actual cost of acquiring said right of way and
relocating or adjusting utilities for the proper improvement of the State Highway System;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
THAT the Mayor, in consideration of the foregoing premises and the mutual benefits to
be derived there from, is hereby authorized and directed to execute and attest on behalf of City of
Lubbock, an Agreement to Contribute Funds in the amount of 10% of the estimated total cost for
the above referenced project.
Passed by the City Council on April 28, 2011
Tom Martin, Mayor
ATTEST:
RebAca Garza, City Secret
APPROVED AS TO CONTENT:
Marsha Reed, P.E., Chief Operations Officer
APPROVED AS TO FORM
Cil
I Chad Weaver, Assistant City Attorney
vwxcdocs/Slide Road ROW Reso 3
April 11, 2011
Resolution filo. 2011-80172
Form ROW -RM -IP
Replaces Form ROW -RM -140 and ROW -RM -141
(Rev. 6/2006)
GSD -EPC
Page 1 of 2
AGREEMENT TO CONTRIBUTE FUNDS — LOCAL GOVERNMENT
(incremental Payment—MODIFIED FORM)
County: LUBBOCK Federal Project No: ROW CSJ No: 1344-02-020
District: LUBBOCK Highway: FM 1730 (Slide Road)
This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation,
hereinafter called the State, and City of Lubbock, Texas, acting by and through its duly authorized officials pursuant to
Resolution dated the 28th day of April , 2011, hereinafter called the Local Government, shall be effective
on the date of approval and execution by and on behalf of the State.
WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire right of way
and adjust utilities for a highway project on Highway No. FM 1730 (Slide Road) with the following project limits:
From: 1000 Feet South of FM 1585
To: 200 Feet North of 98'h Street; and
WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of
way and adjustment of utilities for said highway project; and
WHEREAS, the Local Government desires to contribute to the State funding participation as defined in 43 TAC, §15.55
for the cost of acquiring said right of way and relocating or adjusting utilities for the proper improvement of the State
Highway System; and
WHEREAS, the Local Government requested approval for incremental payments of its funding obligation pursuant to 43
TAC, § 15.52, and the Executive Director has approved such request;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the Local
Government shall contribute to the State an amount equal to ten percent (10%) of the cost of the right of way to be acquired
by the State and shall transmit to the State in incremental payments the total amount of Three Hundred Forty Five Thousand
Six Hundred Eighty Seven Dollars ($345,687.00), representing ten percent (10%) of Three Million Four Hundred Fifty Six
Thousand Eight Hundred Seventy Dollars ($3,456,870.00), the estimated total cost of the right of way, in accordance with the
following schedule:
Twenty Five Thousand Dollars ($25,000.00) on or before May 15th , 2011
One Hundred Sixty Thousand Three Hundred Forty Four Dollars ($160,344.00) on or before January 31, 2012
One Hundred Sixty Thousand Three Hundred Forty Three Dollars ($160,343.00) on or before January 31, 2013
If however, it is found that this amount is insufficient to pay the Local Government's obligation, then the Local
Government will within sixty (60) days after receipt of a written request from the State for additional funds, transmit to the
State such supplemental amount as is requested. The cost of providing such right of way acquired by the State shall mean
the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their
property interests, plus costs related to the relocation, removal or adjustment of eligible utilities.
Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a
warrant or check made payable to the "Texas Department of Transportation Trust Fund." The warrant or check shall be
deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to
this highway project. Upon completion of the highway project and in the event the total amount as paid by the Local
Government is more than ten percent (10%) of the actual cost of the right of way, any excess amount will be returned to the
Local Government by the State, or upon written request of the Local Government, the excess amount may be applied to
other State highway projects in which the Local Government is participating.
Form ROW -RM -IP
(Rev. 612006)
Page 2 of 2
In the event any future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other
directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive
than State or federal regulations, or any other locally proposed change, including, but not limited to , plats or re -plats, results
in any increased cost to the State, then the Local Government will pay one hundred percent (100%) of all such increased
costs, even if the applicable county qualifies as an economically disadvantaged county. The amount of the increased costs
associated with the existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or
other directive will be determined by the State at its sole discretion.
The Local. Government shall maintain all books, papers, accounting records and other documentation relating to costs
incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal
Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the
contract period and for four (4) years from the date of completion of work defined under this agreement or until any
impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives
shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making
audits, examinations, excerpts, and transcriptions. The State auditor may conduct an audit or investigation of any entity
receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement.
Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance
of the authority of the State auditor, under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state
auditor with access to any information the state auditor considers relevant to the investigation or audit.
The State shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this
agreement and shall make such materials available to the City or their duly authorized representatives for review and
inspection at its office during the contract period and for four (4) years from the date of completion of work defined under
this agreement or until any impending litigation, or claims are resolved. Additionally, the City and their duly authorized
representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose
of making audits, examinations, excerpts, and transcriptions.
THE LOCAL GOVERNMENT EXECUTION RECOMMENDED:
BY:"f�iti✓
Tom Martin, Mayor fight of Way Manager, West Region
THE STATE OF TEXAS
ATTEST: '�sExecuted and approved for the Texas Transportation
Rebecca Garza Commission for the purpose and effect of activating
City Secretary and/or carrying out the orders, established policies or
work programs heretofore approved and authorized
f^ by the Texas Transportation Commission.
APPROVED AS TO CCaNTETtiIT:—��,"�--r /!=(/�`
Marsha Reed, P.E.
Oper ions Officer
By:
APPROVED AS TO FORM: ""— John P. Campbell, P.E.
Chad Weaver Right of Way Division Director
Assistant City Attorney
Date: