Loading...
HomeMy WebLinkAboutResolution - 081276I - Agreement - St. Of TX - Highway Improvements - 08_12_1976KJ/nh RESOLUTION IBE 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 an Agreement between the CITY OF LUBBOCK and the State of Texas covering construction of curbs and gutters on U. S. Highway 87 from 45th Street to Spur 326, attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minute of the Council shall constitute and be a part of this Resolution as if fully copies herein in detail. Passed by the City Council this 12th day of August , 1976 TTEST: a Phillips, Cio Secretary -Treasurer OVED AS TO FORM: O. Senter, Jr�'City Attorney TQF 502 (22) 53-1-54 Lubbock County . STATE OF TEXAS x x COUNTY OF TRAVIS x THIS AGREEMENT, made this.. 12th day of August s 1976, 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 curb and gutter and incidegutal..-itr,.�=, T+ ithin..the limits from.451h .Street-aloag.,Avenue "A" to Spur 326 on Us S. Highway No. 87,'which is solely the City,'s responsibility and.the City has requested the State to construct or have constructed this work. The State will construct or have con- structed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated - - •ram construction cost of this work is Twelve Thousand Seven Hundred and Ro/100 Dollars ($12,700.00), including contingencies and construction engineering, and WHEREAS, thesCity by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 68512, as it applies i to the City, a copy of which is attached hereto and marked "Exliibit•- 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 Twelve Thousand Seven Hundred and No/100. Dollars ($12,700.00), to be used in paying for the proposed work required by the City in -the City of Lubbock. It is further under- stood 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 receipt 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.Triist•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 understood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 68512, as it applies to the City, a.copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. 2• i IN TESTIMONY WHEREOF, the -parties hereto,have caused these presents to be executed in duplicate on the day above stated. j CITY OF LUBBOCK. STATE OF TEXAS ! rpffty the First Part- STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION. By: Party of the Second Part - Mayor Certified as being executed for the' By: ':purpose and effect of activating and/ Member of City Council or carrying out the orders, established policies, or work programs heretofore • By: approved and authorized by the.State Member of City Council Highway and Public Transportation Commission: By: Member of City Council By: • Asst. Engineer -Director under By: authority of Commission Minute Member of City Council 70104 Recommended for ,execution: aAAr d as to01 fo 33 J Ered 0. Serter, Jr., City Ott y (State) Director, Finance - 3. .� WHEREAS, in LUBBOCK COUNTY on.U:S. HIGHWAY 87,`the City.of - -= 1 Lubbock has requested assistance in the widening of pavement including incidental items thereto from -Spur 326 to 45th Street, a distance of approximately 4.1 miles; and WHEREAS, an analysis of the request indicates that such work will . materially add to traffic safety on this facility; NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Lubbock: Provided the City will _ I.- Provide for the adjustment of utilities,.the construction of curb -and. gutter' wfiere •none now exist, -et~c; aYT as smay' necessary for a complete project. with the.exception.of pave ment and its support. ` 2. Assume responsibility for the construction of driveways and, sidewalks where none now exist should they be deemed neces- �-� sary now or in the future and agree to make such installations in accordance with governing policies and regulations of the E Department. "3.""'Maintain 'thatt -portion of.:the work which is its responsibility in accordance with present maintenance agreement and agree.to regulate traffic, -prohibit all parking and prevent encroach- ment on the right of way, all in accordance with governing policies and regulations of the Department. The Texas Highway Department will: 1. Provide for widening pavement and its support within these limits.- w 2. Maintain that portion of the work -'which is its responsibility in accordance with present maintenance agreement. ` It is understood that the responsibility of the Texas..Highway De- partment is confined to the pavement.and its support, and all other. features necessary now or in the future to provide an adequate travel facility shall be the responsibility of the City of Lubbock. Upon acceptance of the provisions of this Order by the appropri ate officials of the City of Lubbock, the State Highway Engineer is directed to proceed with development of plans for construction and after the City has fulfilled its responsibilities, proceed with construction in themost feasible and economical manner, -financing the cost as presently authorized in the 1975-1977 Consolidated Highway Program. No Text