HomeMy WebLinkAboutResolution - 2003-R0119 - Construction & Operation Of Potable Water & Sewer Improvements - Rawls Golf Cour - 03_27_2003Resolution No. 2003-R0114
March 27, 2003
Item No. 20
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE OF LUBBOCK:
THAT the Mayor is authorized and directed to execute the attached Interlocal
Agreement and any associated documents by and between the City of Lubbock and Texas
Tech University System for construction and operation of potable water and sewer
improvements for the Jerry Rawls Golf Course, attached hereto and 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 27th day of
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
F ;
Chester Carthel, Chief Engineer
APPROVED AS TO FORM:
D�ald G. Vandiver,
First Assistant City Attorney
Mres/TechWatSewer.res
January 2, 2003
Resolution No. 2003—RO119
March 27, 2003
Item No. 20
INTERLOCAL WATER/SEWER LINE AGREEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
WHEREAS, the Texas Tech University System (hereinafter called "Texas Tech")
is planning to construct club house facilities at the Jerry Rawls Golf Course, which will
require potable water and sanitary sewer service; and
WHEREAS, the Texas Tech desires to have the City of Lubbock (hereinafter
called "City") design, construct and build the potable water and sanitary sewer
improvements shown on Attachment A (hereinafter called "Improvements") on its behalf;
and
WHEREAS, Chapter 791 of the Texas Government Code provides for interlocal
cooperation agreements between local governments and state agencies; and
WHEREAS, the City and Texas Tech desire to cooperate in this project; NOW
THEREFORE:
WITNES SETH:
THAT the City and Texas Tech hereby agree as follows with regard to
construction and maintenance of potable water and sanitary sewer improvements for the
club house facilities at the Jerry Rawls Golf Course:
1) The City hereby agrees to design, construct, own, operate and maintain the
improvements. The estimated date of final completion of this project is May 1, 2003.
2) Texas Tech shall reimburse the City for the cost of design and construction
of the said improvements in an amount not -to -exceed $215,500. This amount includes a
contingency to cover unforeseeable costs. If, during the course of the project, any
unforeseen circumstances will cause the City's costs to exceed the stated amount and the
contingency amount, the parties agree to work in good faith to negotiate an amendment to
this Agreement.
3) The City shall commence design and construction of said improvements
promptly upon receipt of funds in the amount of the above estimated cost of the project
from Texas Tech. In view of the fact that this project shall be constructed by means of the
bidding process and change orders may be required due to practical difficulties, the final
cost is not ascertainable until the project is completed. In the event that the final cost shall
be less than the sum remitted by Texas Tech, the City shall refund such amount to Texas
Tech upon final acceptance of the project by the City. In the event the final cost shall be
in excess of the sum remitted by the City, Texas Tech shall pay such additional costs as
are billed to them by the City following final acceptance of the project by the City. The
final amount billed to Texas Tech shall not exceed the estimated amount stated above by
more than twenty-five percent (25%) for any reason.
4) All payments required to be made pursuant to this Agreement shall be
made from current revenues available to the paying party as required by Sec. 79 1. 011 of
the Texas Government Code.
5) Following final acceptance of the project by the City and completion of the
payment requirements of this Agreement, the City shall own, operate and maintain said
improvements and Texas Tech shall have no further obligation with regard thereto.
6) The parties agree that time is of the essence in the performance of this
Agreement.
7) This Agreement is contingent upon final acceptance by the Texas Tech
University System Board of Regents, if required.
8) The parties hereto may amend or terminate this Agreement at any time by
mutual agreement executed in writing.
EXECUTED this 27rh day of
Pi vrri%c i 4; THE (;HANL;tLL0k fi
UNWERSITY: E
C C
E E
I 10 2003
BYE
TI11P E: David S` ;rEt$mi i M , flD
Chancellor
March 2003.
ATTEST: ATTEST:
oza�zcC
$ [o(W J' Brunjes, senior Vice Rebecca Garza, City Secretary
ancellor & Chief Financial
fficer
APPROVED AS TO CONTENT:
Chester Carthel, Chief Engineer
APPROVED AS TO FORM: /7
7
ionald G. Vandiver, First Assistant City
Attorney
ddcon/TechW aterSewer. con
January 15, 2003