HomeMy WebLinkAboutResolution - 2226 - Accept Paving Improvements-Appain Corporation-Intersection, Indiana Ave & 58 Th - 01_23_1986Resolution #2226
January 23, 1986
Agenda Item #25
JWF:js
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT pursuant to a Compromise and Settlement Agreement
dated June 14, 1985 and executed by the City of Lubbock and Appian Corpo-
ration related to Cause No. 84-507719 styled City of Lubbock vs. Appian
Corporation and St. Paul Fire and Marine Insurance Company in the 140th
District Court of Lubbock County, Texas, this will certify that the paving
improvements (as reconstructed) at the 58th Street and Indiana Avenue
intersection have been completed and passed the inspection of the City of
of Lubbock Engineering Department, and such improvements are hereby
accepted for said intersection by the City Council of the City of Lubbock
by passage of this Resolution.
SECTION 2. THAT this Resolution shall serve as the written statement
of the City of Lubbock to Texas Commerce Bank of Lubbock, N.A., that such
improvements have been accepted in accordance with the terms of Section 2
of the Escrow Agreement dated June 25, 1985 entered into by and between
said Bank and the City of Lubbock as set forth in Section 1 above of this
Resolution, and said Bank is herewith requested by the City of Lubbock to
disburse to Appian Corporation, whose address is P.O. Box 1110, Hereford,
Texas 79045, the sum of $35,000.00 plus any accrued interest on said amount
which has accumulated since its deposit in the escrow account established
for the use and benefit of said Appian Corporation pursuant to said Escrow
Agreement.
SECTION 3. THAT this acceptance of paving improvements at the 58th
Street and Indiana Avenue intersection by the City of Lubbock covers only
said intersection, and does not express or imply acceptance of paving
improvements at any other location under the 1983 Maintenance Repair
Program, Contract "C" entered into by and between the City of Lubbock and
said Appian Corporation.
SECTION 4. THAT the City Attorney is hereby authorized to seek
dismissal of the City's lawsuit in said Cause No. 84-507719, at such time
as he deems appropriate for the best interests of the City of Lubbock in
the premises.
Passed by the City Council this 23rd
01
APPROVED AS TO CONTENT:
J' rtram, Assistant City Manager
for�D velopment Services
,.. —
day of
Resolution #2227
MONTHLY ESTIMATE
r CITY OF LUBBOCK
Project: Broadway Brick Renovation from Ave. "'T" to "U" Project No. 068522
Estimate No.
Contractor: Kerr Construction Co. 6 & Final
i
Address: P . p_ Box 888 Contract $ 86, 462.10
Lubbock, Texas 79408 21,615.00 C.O. No. l
$108,077.10
Estimate Period From 1-1 1986 to 1-23 19 86
On First estimate and final estimate use actual work dates
ITEM
UNIT OF
MEASURE
PROJECT
EST. QUANTITIES
WORK DONE
ON CONTRACT
CONTRACT
PRICE
AMOUNT
1. Construction of paving brick
S.Y.
1,395
1,395
$49.50
$69 052.50
in Broadway esplanade from
Ave. "T" to Ave. "U"
2. Brick cleaning grading,per
brick
44,640
Completed
0.39
$17,409.60
sorting, stacking and
counting
2a. Additional brick cleaning
6
63,727
$ 91 r,15
$21,615.00
as per change order No. 1
APPROVED:
Engineer Date
_
Deot�MeaW� / oaie
oirectar �; , Date
Fo, Fn ,'s Ofr,,:e
Total Amount of Work Done ....... W 108, 077.10
Less 5 . . . . . . . . . . . . . $ ---
-°�o Retained
Difference ................... $ 108, 077.10
Less Special Deduction ...........5
Less Liquidated Damage ......... S ---
Less Previous Payments. $ 106 996.35
Amount Due this Estimate......... $ 1,080.75
Caicuiat ons Uv
Checked h