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HomeMy WebLinkAboutResolution - 062 - Agreement - TDHPT - Widening/Improving Slide Rd,1.2 Miles South From S Loop 289 - 02/08/1979KJ: hw BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: RESO #62 2/8/79 THAT the Mayor and City Council of the City of Lubbock BE and are hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and the State of Texas, acting through the State Department of Highways and Public Transportation, covering the widening and improving of FM 1730, Slide Road, from South Loop 289, south 1.2 miles, 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 8th day o 1979. ATTEST: ;:E lyn Gaf a,,,.,ity Se r reasurer .APEROV ;D AS TO CONT F � Sdm.Wahlt Director of Public Works Z AS TO FORM: Kenneth ;Jones, S or Asst. City Attorney r i S M D014 (1) 1344-2-9 Lubbock Co. STATE OF TEXAS X - X COUNTY OF TRAVIS'- X THIS AGREEMENT, made this 8th day of February, 1979, 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 and Public Transportation Commission. WHEREAS, the City desires the construction of continuous curb and gutter, driveways and incidental items within the limits from Loop 289, South 1.2 Miles on Farm to Market Road No. 1730, which is solely the City's responsibility and the City has re- quested 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, excluding pre- liminary engineering. The estimated construction cost of this work is Eighty Five Thousand Four Hundred and No/100 ($85,400.00), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 72154, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part',of this agreement. 1. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Eighty Five Thousand Four Hundred and No/100 Dollars ($85,400.00), 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, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon re- ceipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously 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 engineering. It is further under- stood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 72154, as it 2. 0 applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part allf this agreement. 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 art f the First Part STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION By: Party of the Second Part Certified as being executed for the By: purpose and effect of activating and/ Memb C ty Co it or carrying out the orders, established policies, or work programs heretofore By: approved and authorized by the State Member ity Cou Highway and Public Transportation Commission: By: ember of City Council By: A t. En sneer -Director under By: authority of Commission Minute Member of City Council 70104 i Recommended for execution: 4Asst.City or (State) Director, Finance 0 O HEREAS, in LUBBOCK COUNTY, the City of Lubbock has requested assistance in reconstruction on Farm to Market Road 1730 from Loop 289, south a distance of approximately 1.1 miles; and WHEREAS, Farm to Market Road 1730 is included in the Urban System; !and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Lubbock in such work; :NOW, THEREFORE, the Engineer -Director is directed to tender the following proposal to the City of Lubbock: Provided the City will: 1. Furnish all requi.red right of way clear of obstructions with acquisition procedures to be in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. 12. Provide for the adjustment of utilities, the construction of continuous curb and gutter, storm sewers, driveways and side- walks, all as may be required and all 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, prohibit parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. Subject to the availability of Federal -aid Urban System funds and the eligibility of the proposed work for financing with said funds, the State Department of Highways and Public Transportation will: I. Prepare construction plans and specifications. 2. Provide relocation assistance as may be required and deter- mined to be eligible under the Relocation Assistance Program at an estimated cost of $500.00. i Provide for reconstruction of grading, structures and sur- facing at an estimated cost of $641,500.00 as authorized in the 1977-1978 Urban System Program. 4. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. Minute No. 72154 - Continued Upon acceptance of the provisions of this Order by the appropri- ate officials of the City of Lubbock, the Engineer -Director is directed to;,proceed with the Relocation Assistance Program, to enter into any necessary agreements with the City covering the details of the proposed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities, to proceed with construction in the most feasible and economical manner. It is understood that the City may discharge its construction obligations as outlined herein in any manner as it may elect. In the event the City desires the State to include its portion of the work in the State's construction contract, the Engineer -Director is hereby autho- rized to''enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Lubbock and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Minute No. 72154 January',,20, 1977 COPY "EXHIBIT A" a COMMISSION REAGAN HOUSTON. CHAIRMAN DEWITT C. GREER CHARLES E. SIMONS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. 0. Box 771 Lubbock,.Texas 79408 January22, 1,97.9 ENGINEER -DIRECTOR B. L. DEBERRY � 1I 111 pf' {Y REFER TO Lubbock County ��FIL� F. M. 1730 �N a Control 1344-2-9 C/p L . �9J 1 M D014(1) Q �'/QQ 9 �I In Lubbock from Loop: 2 89 , south 1.2 miles we o��/�F��'a l Mr. Larry J. Cunningham D6, City Manager, City:'of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Dear Sir: We are transmitting two .copies: of a proposed agreement in connection with the construction of the above captioned project. Will you please have these agreements properly executed and return both copies to us for our.further processing. A warrant in the amount ;of'$85,400 00 made payable to.the State Treasurer, Account of Trust .Fund No. 927 must accompany the agreement when it is returned to- us. After both copies of this ag-r.eement have been executed by the State, the.duplicate original will be furnished you for.your files. Sincerely yours, George Wall.5r. Di,strict.Engineer District Five DTJ.:mbk. enclosures` cc: Mr. V. G. Chetty I � ' a a COMMISSION REAGAN HOUSTON. CHAIRMAN DEWITT C. GREER CHARLES E. SIMONS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. 0. Box 771 Lubbock,.Texas 79408 January22, 1,97.9 ENGINEER -DIRECTOR B. L. DEBERRY � 1I 111 pf' {Y REFER TO Lubbock County ��FIL� F. M. 1730 �N a Control 1344-2-9 C/p L . �9J 1 M D014(1) Q �'/QQ 9 �I In Lubbock from Loop: 2 89 , south 1.2 miles we o��/�F��'a l Mr. Larry J. Cunningham D6, City Manager, City:'of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Dear Sir: We are transmitting two .copies: of a proposed agreement in connection with the construction of the above captioned project. Will you please have these agreements properly executed and return both copies to us for our.further processing. A warrant in the amount ;of'$85,400 00 made payable to.the State Treasurer, Account of Trust .Fund No. 927 must accompany the agreement when it is returned to- us. After both copies of this ag-r.eement have been executed by the State, the.duplicate original will be furnished you for.your files. Sincerely yours, George Wall.5r. Di,strict.Engineer District Five DTJ.:mbk. enclosures` cc: Mr. V. G. Chetty E 0 oa- CC L COMMISSION REAGAN HOUSTON. CHAIRMAN DEWITT C. GREER CHARLES E. SIMONS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. 0. Box 771 Lubbock, Texas 79408 March 9, 1979 Lubbock County F. M. 1730 Control 1344-2-9 M D014(l) In Lubbock from Loop 289, south 1.2 miles Mr. Larry J. Cunningham City Manager, City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Dear Sir: We are transmitting for your files a duplicate original of the agreement in connection with the construction of the captioned project. DTJ:mbk enclosure cc: Mr. Jack Moore Sincerely yours, George C. Wall, Jr. District Engineer District Five ENGINEER -DIRECTOR B. L. DEBERRY IN REPLY REFER TO FILE NO. MAR 121919 I;I1 V SECRETARY R,. M D014 (1) 1344-2-9 Lubbock'Co. STATE OF TEXAS LUBBOCK COUNTY OF THIS AGREEMENT, made this 8th day of February , 1979, 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 and Public Transportation Commission. WHEREAS, the City desires the construction of continuous t curb and gutter, driveways and incidental items within the limits from Loop 289, South 1.2 Miles on Farm to Market Road No. 1730, which is solely the City's responsibility and the City has re- quested 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, excluding pre- liminary engineering. The estimated construction cost of this work is Eighty Five Thousand Four Hundred and No/100 ($85,400.00), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 72154, 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 the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Eighty Five Thousand Four Hundred and No/100 Dollars ($85,400.00), to be used in paying for the proposed work required by the City in the City of Lubbock. Itis 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, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon re- ceipt of bids by the State and/or the actual construction and/or t approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal.to the City's full estimated or actual _ share of the cost of this work less the amount previously 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 engineering. It is further under- stood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 72154, as it 2. applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. 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 AND PUBLIC TRANSPORTATION COMMISSION By: Party of the Second Part Certified as being executed for the By: purpose and effect of activating and/ M erf C ty uncil or carrying out the orders, established policies, or work programs heretofore By: approved and authorized by the State ASPOM ember ofit Cou 1 Highway and Public Transportation Commission: By: M f City u i1 By: r Asst. Engineer-Director under By: authority of Commission Minute Member of City Coun it 70104 Recommended for execution: (State) Director, Finance WHEREAS, in LUBBOCK COUNTY, the City of Lubbock has requested assistance in reconstruction on Farm to Market Road 1730 from Loop.289, south a distance of approximately 1.1 miles; and WHEREAS, Farm to Market Road 1730 is included in the.U.rban System; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Lubbock in such work; NOW, THEREFORE, the Engineer-Director is directed to tender the following proposal to the City of Lubbock: Provided the City will: 1. Furnish all required right of way clear of obstructions with acquisition procedures to be in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide for the adjustment of utilities, the construction of continuous curb and gutter, storm sewers, driveways.and side- walks, all as may be required and all 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, prohibit parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. Subject to the availability of Federal-aid Urban System funds and the eligibility of the proposed work for financing with said funds, the State Department of Highways and Public Transportation will: 1. Prepare construction plans and specifications. 2. Provide relocation assistance as may be required and deter- mined to be eligible under the Relocation Assistance Program at an estimated cost of $500.00. 3. Provide for reconstruction of grading, structures and'sur facing at an estimated cost of $641,500.00 as authorized in the 1977-1978 Urban System Program. 4. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. Minute No. 72154 - Continued Upon acceptance of the provisions of this Order by the appropri- ate officials of the City of Lubbock, the Engineer -Director is directed to proceed with the Relocation Assistance Program, to enter into any necessary agreements with the City covering the details of the proposed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities, to proceed with construction in the most feasible and economical manner. It is understood that the City may discharge its construction obligations as outlined herein in any manner as it may elect. In the event the City desires the State to include its portion of the work in the State's construction contract, the Engineer -Director is hereby autho- rized to enter into agreement with.the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Lubbock and if not accepted.within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Minute No. 72154 1 January 20, 1977 COPY "EXHIBIT A" 38-95-160 (31) --------�• �_•� ___�� :.v_ -Yu -"CLL SLeY In Lne annual assessment program. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton andMcAlister voting Yea; none voting Nay; Councilwoman Jordan absent. Resolution No. 62 A resolution authorizing the Mayor to sign an agreement with the State Department of Highways and Public Transportation (Slide Road Loop 289, South 1.2 miles). KJ:hw RESOLUTION BE IT RESOLVED BY THE -CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor and City Council of the City of Lubbock BE and are hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and the State of Texas, acting thr4 the State Department of Highways and Public Transportation, covering the widening and improving of FM. 1730, Slide Road, from South Loop 289, south 1.2 miles, 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 8th day of February ,1975 /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Sam Wahl Sam Wahl, Director of Public Works APPROVED AS TO FORM: /s/ Kenneth Jones Kenneth Jones, Senior Asst. City Attorney This agreement between the City and the State Highway Department is a require for the Slide Road project. The agreement reaffirms what has been agreed to in a previous minuted order and reflects the estimated City cost of $85,40 The City will assess the property owners along Slide Road for the majority of the curb and gutter. The assessment hearing will be held February 22, 1979. Motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; none voting Nay; Councilwoman Jordan absent. Ordinance No. 7806 Appropriatlon ordinance from Street Ca ital Improvement Funds for the Cit 's share of avin Slide Road (S. Loo 289, South 1.2 miles) AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific ruids for an approved project: y NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit" Street Capital Improvement Thom Q,,, c r_n ' ,.,..