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HomeMy WebLinkAboutResolution - 5526 - Agreement-Lubbock County-Engineering & Surveying Services, 82Nd St Improvements - 06_26_1997Resolution No. 5526 Item #29 June 26, 1997 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and the County of Lubbock to allocate costs for construction and for engineering and surveying services necessary for improvements to 82nd Street (County Road 7100) from Frankford Avenue to U.S. Highway 62/82 and the preparation of a right-of-way map of 82nd Street from Slide Road (Farm to Market Road 1730) to U.S. Highway 62/82, attached hereto, 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 26th day of June , 1997. ATTEST: Ka 1e Darnell, City Secretary APPROVED AS TO CONTENT: Engineer APPROVED AS TO FORM: Assistant City Attorney cWccdocs/count .res June 17, 1997 Resolution No. 5526 Item #29 June 26, 1997 THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THIS AGREEMENT is made this day of , 19_, by and between the CITY OF LUBBOCK, TEXAS, hereinafter referred to as the "City," and the COUNTY OF LUBBOCK, TEXAS, hereinafter referred to as the "County," pursuant to V.T.C.A., Government Code §§ 791.001 et sea. (the Interlocal Cooperation Act). WHEREAS, the governing bodies of both the City and County executed an Interlocal Agreement dated November 16, 1995 to facilitate the preparation of plans and specifications and other tasks for the construction of paving improvements on 82nd Street (County Road 7100) from Frankford Avenue to U.S. Highway 62/82, hereinafter referred to as "the Project"; and WHEREAS, the Texas Transportation Commission passed Minute Order 107161 on May 29, 1997 providing for construction costs, currently estimated at $5.1 million, to be applied toward completion of the Project; and WHEREAS, the City and County deem the construction of the above -described paving improvements to be in the best interest of the citizens of both the City and County and are willing to pay their proportionate share of the engineering and construction costs necessary for completion of the Project; NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: I. City shall be responsible for contracting with the engineering firm of Parkhill, Smith & Cooper, Inc. to provide a right-of-way map, surveying services, changes to the completed plans and other associated engineering tasks necessary to fulfill all requirements of the Texas Department of Transportation for the Project. II. The total cost of the engineering and surveying services described in numbered paragraph I of this Agreement is a "not to exceed" amount of $97,383. County shall be responsible for 50% of the total cost incurred or an amount not to exceed $48,691.50. City shall be responsible for 50% of the total cost incurred or an amount not to exceed $48,691.50. County herein agrees to transfer to the City a sum of money equal to $48,691.50 for the engineering and surveying services described in numbered paragraph I above within thirty (30) days of execution of this Agreement. City shall thereafter maintain records of all payments to the engineering firm for services provided and transmit copies of such records to the County to enable the County to verify the expenditures. In the event the total actual cost payable to the engineering firm is less than the contract cost, City will remit to the County its pro-rata portion of the funds not expended. In the event additional engineering services become necessary, City shall notify the County and provide the County with copies of invoices for the cost of services rendered by the engineering firm in excess of the contract amount, and County shall pay its pro-rata share of these excess costs to the City within thirty (30) days of receipt of proper invoices. IV. City shall be responsible for executing all necessary construction/maintenance agreements with the Texas Department of Transportation on behalf of the City and County for the Project. City shall notify and permit the County to review any such agreements prior to execution. City shall make all necessary payments to the Texas Department of Transportation for the Project. V. The County's and City's share of the construction costs associated with the Project shall be a maximum of $994,098. In addition to the engineering cost, County agrees to pay a maximum of $662,732 or two-thirds of the County's and City's share of the construction costs and City agrees to pay a maximum of $331,366 or one-third of the County's and City's share of such costs. VI. County herein agrees to transfer to the City a sum of money, for its portion of the construction costs, within thirty (30) days of a request by the City. The City may request the total amount of $662,732 or lesser amounts at periodic intervals dependent on requirements for payment by the Texas Department of Transportation. Q Both the City and County will pay their portion of all costs herein described from current revenues available to the City and County, respectively. 2 VIII. This Agreement shall be construed by and governed by the laws of the State of Texas and may be modified only by written amendment. IN WITNESS THEREOF, the parties to these presents have agreed upon and executed this Agreement this 26 th day of. June , 19977 . CITY OF LUBBOCK, TEXAS BY: Y SI N, MAYOR ATTEST: Kayt ' Darnell, City Secretary APPROV AS TO CONTENT: Hertel, tity Engineer APPROVED AS TO FORM: D ald G. Vandiver, 1st ssistant City Attorney COUNTY OF LUBBOCK, TEXAS B . V Y YM- DON McBEATH, COUNTY JUDGE ATTEST: Ann Davidson, County Clerk daf97conA-oounty.doc — - bne 16, 1997