HomeMy WebLinkAboutResolution - 4626 - Agreement - Texas, TDOTC - FM Road # 1730 To Indiana Ave Paving - 10_13_1994Resolution No. 4626
October 13, 1994
Item #27
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 with the State of Texas, acting by
and through the Texas Department of Transportation Commission, 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 13 th( day of � . O � --.)1994.
ATTEST:
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
A4't�� vj_a'a_4'v
old Willard, Assistant City Attorney
HW js/A TDOTC.M
co&x /October 3, 1994
Resolution No. 4626
Oc, !r 13, 1994
Item #27
THE STATE OF TEXAS
COUNTY OF TRAVIS §
THIS AGREEMENT is made this ,.13 day of October 1994, by
and between the City of Lubbock, Texas, hereinafter called the "City," acting by and
through its Mayor, and the State of Texas, hereinafter called the "State," acting by and
through the Texas Department of Transportation Commission.
WITNESSETH:
WHEREAS, the City desires participation in providing grading, base, curb and
gutter, concrete pavement and incidental items from Farm to Market Road No. 1730 to
Indiana Avenue within the city limits of Lubbock, Texas, and has requested the State to
construct or contract for the construction of this work; and
WHEREAS, the State is agreeable to constructing or contracting for the
construction of such work on behalf of the City;
NOW THEREFORE, the parties herein agree as follows:
I.
The State will construct or contract for the construction of the above -described
work on behalf of the City and the City shall be obligated to pay to the State twenty
percent (20%) of the total construction costs of the work, which sum is estimated to be
approximately Seven Hundred Twenty -One Thousand Five Hundred Ninety -Eight and
06/100 Dollars ($721,598.06), including contingencies, construction engineering,
preliminary engineering and indirect costs at the rates in effect for the fiscal years during
which the work shall be accomplished. The indirect cost rate will be based on the Texas
Department of Transportation's Indirect Cost Plan.
II.
The City shall pay the above sum to the State in two payments, as follows: The
City shall pay to the State the sum of Four Hundred Thousand and No/100 Dollars
($400,000.00) upon execution of this agreement and shall pay as final payment to the
State the sum of Three Hundred Twenty -One Thousand Five Hundred Ninety -Eight and
06/100 Dollars ($321,598.06), adjusted for any credits or cost overruns, not later than six
(6) months after the date that the construction contract for work under this agreement has
been let by the State. Such payments by the City to the State shall be by warrant or check
made payable to the Texas Department of Transportation.
The State will construct or contract for the construction of only those items
requested by the City, and the City's cost for such items shall be limited to twenty percent
(20%) of the total costs of such items. However, if upon receipt of bids by the State
and/or actual construction of the improvements and/or approved changes in the
contemplated improvements the payments herein described to be made to the State are
insufficient to pay the City's portion of the construction costs, the City shall, at the State's
request, make an additional payment to the State in an amount sufficient to satisfy the
City's pro rata share of the costs. In the event the amount paid by the City to the State is
more than twenty percent (20%) of the actual costs, the amount exceeding twenty percent
(20%) shall be refunded to the City at the City's request.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
d in dun ' v above stated.
R. Langston;
ATTEST:
etty Johnson, City Secretary
APPRO AS TO CONTENT: .
Larry Hertel, City Engineer
APPROVED AS TO FORM:
LY '
Harold Willard, Assistant City Attorney
RWrwdiana.doc
Sq twnber 29, 1994
TEXAS DEPARTMENT OF
TRANSPORTATION
Certified as being executed
for the purpose and effect of
activating and/or carrying out
the orders, established policies,
or work programs heretofore
approved and authorized by
the Texas Department of
Transportation Commission
under the authority of Minute
Order 1042.
Administration
Agreement — State of Texas Page 2