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HomeMy WebLinkAboutResolution - 391 - Agreement - TDHPT - Paving Improvements, Slide Rd From 82Nd St South 1.1 Miles - 01_24_1980:pg RESOLUTION #391 - 1/24/80 ��/% RESOLUTION (✓ WHEREAS, the City Council of the City of Lubbock finds that it is to the public interest that certain improvements be made on FM 1730, which is otherwise known as Slide Road, in the City of Lubbock, Lubbock County, Texas, and the City Council hereby determines that it would be to the best interest of the City of Lubbock to execute an agreement with the Texas State Department of Highways and Public Transportation in connection therewith; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City an agreement to be entered into by and between said City and the State Department of Highways and Public Transportation of the State of Texas with respect to the construction on FM 1730, otherwise known as Slide Road, from 82nd Street South 1 1/10 miles, with respect to the construction thereon of street approaches, curb, gutter, concrete driveways, retaining walls and incidental items in connection therewith. Since the agreement as submitted by the State of Texas calls for the execution of all City Council members, said City Council members are also authorized and directed to execute said agreement for and on behalf of the City of Lubbock. Passed by the City Council this 24th day of January , 1980. VC aq.'W�� DI WEST, MAYOR -ATTEST: E'elyn Ga ga, ity qfc -Treasurer APPROVED AS TO CONTENT: Don Je ngs, C>fy Engineer APPROVED AS TO FORM: Bey r �ga STATE OF TEXAS X COUNTY OF TRAVIS THIS AGREEMENT, made this RESOLUTION #391 - 1/24/80 M D014(2) 1344-2-10 Lubbock County 24th day of January , 1980, 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 base and surfacing on street approaches, curb, gutter, concrete driveways, retaining walls and incidental items on 82nd Street, south 1.1 miles on Farm to Market Road No. 1730, 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 constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated construction cost of this work is One Hundred Seven Thousand One Hundred and No/100 Dollars ($107,100.00), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 75659, as it applies to the City, a copy of which is attached hereto and marked "Exhibit 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 One Hundred Seven Thousand One Hundred and No/100 Dollars ($107,100.00), to be used in paying for the proposed work required by the City in the City of Lubbock. It is further understood 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 Trust 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 con- struction engineering. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 75659, 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. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF LUBBOCK STATE OF TEXAS art of t e First Part STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION By Party of the Second Part 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: (State) Director, Finance 3. WHEREAS, in LUBBOCK COUNTY, the City of Lubbock has requested assistance in reconstruction on Farm to Market Road 1730 from 82nd Street, south a distance of approximately 1.1 miles; and WHEREAS, it is anticipated that Farm to Market Road 1730 will be included in the Urban System; and WHEREAS, it is the desire of the'State Department of Highways and Public Transportation to assist the City of Lubbock in such work; NOW, THEREFORE, the Engineer -Director is directed to tender the following proposal to the City of Lubbock: Provided the City will: I. Furnish all right of way required for roadway improvements and any additional right of way required for drainage, all clear of obstructions and all with acquisition procedures to be in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Indemnify the State from damage caused by flood water. 3. Provide for the adjustment of utilities as may be required. 4. Provide for the construction of continuous cirrh and qutter•, storm sewers, driveways and sidewalks, all as may be r quired and all in accordance with governing policies and regulatiori�. of the Department. 5. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement and agree to regulate traffic and prevent encroachment on the right of w,,y, all in accordance with governing policies and regulations of the Department. Subject to the availability of Federal -aid Urban System funds and the eligibility of the proposed work for financing with said funds, the State Department of Highways and Public Transportation.will: 1. Prepare construction plans and specifications. 2. Provide relocation assistance as may be required and deter- mined to be eligible under the Relocation Assistance Program at an estimated cost of $500.00. 3. Provide for reconstruction of grading, structures and Sur- facing at an estimated cost of $1,540,500.00 as authorized in the 1979-1980 Urban System Program. 4. Maintain that portion of the work which is its resporr°,ihility in accordance with present. maintenance agreement. Minute No. 75659 - Continued Upon acceptance of the provisions of this Order by i ate officials of the City of Lubbock, the Engineer -Director to proceed with the Relocation Assistance Program, to enter - necessary agreements with the City covering the details of t improvements, to proceed with the engineering development of and after the City has fulfilled its responsibilities, to prc construction in the most feasible and economical manner. It is understood that the City may discharge its cons obligations as outlined herein in any manner as it may elect. event the City desires the State to include its portion of th, the State's construction contract, the Engineer -Director is Fu rized to enter into agreement with the City for such work and may be agreed upon. This -Order shall become operative upon acceptance by t Lubbock and if not accepted within 90 days of the date hereof, herein contained shall he automatically cancelled. Minute No. 75659 April 26, 1979 COPY "EXHIBIT COMMISSION REAGAN HOUSTON. CHAIRMAN DEWITT C. GREER CHARLES E. SIMONS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. 0. Box 771 Lubbock, Texas 79408 January 7, 1980 Lubbock.County F. M. 1130 Control 1344-2 M D014 (2 ) In Lubbock from'82nd Street, south 1.1 miles Mr. Larry J. Cunningham City Manager, City'of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Dear Sir: We are transmitting two copies of a proposed agreement in connection with'the'construction of the above captioned project.. ENGINEER -DIRECTOR B. L. DEBERRY IN REPLY REFER TO FILE NO. Will you please have these agreements properly executed and return both copies to us for our further processing. A warrant in the amount of $107,100.00 made payable to the State Treasurer, Account of Trust Fund No. 927 must accompany the agreement when it is returned to us. After botfi copies of this agreement have been executed by the State, the duplicate original will be furnished you for your files. Sincerely yours, Ae.g C . Wall , J t `' District Engineer District Five DTJ:mbk, enclosures cc: Mr. Gene Chetty COMMISSION A. SAM WALDROP, CHAIRMAN DEWITT C. GREER RAY A. BARNHART STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. 0. Box 771 Lubbock, Texas 79408 February 29, 1980 Lubbock County F. M. 1730 Control 1344-2 In Lubbock from 82nd Street, south 1.1 miles Mr. Larry J. Cunningham City Manager, City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Dear Sir: We are transmitting for your files a duplicate original of the agreement in connection with the construction of the captioned project. Your expeditious handling of the additional funds needed on this project is appreciated. Sincerely yours, Xe ge George C. *1.,. District Engineer District Five DTJ:mbk. enclosure cc: Mr. Jack Moore ENGINEER -DIRECTOR B. L. DEBERRY IN REPLY REFER TO FILE NO. CITY SECRETARY Y RESOLUTION #391 - 124/80 M D014(2) 1344-2-10 Lubbock County STATE OF TEXAS X X COUNTY OF TRAVIS X THIS AGREEMENT, made this day of 1980, 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 base and surfacing on street approaches, curb, gutter, concrete driveways, retaining walls and incidental items on 82nd Street, south 1.1 miles on Farm to Market Road No. 1730, 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 constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated construction cost of this work is One Hundred Seven Thousand One Hundred and No/100 Dollars ($107,100.00), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 75659, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. 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 One Hundred Seven Thousand One Hundred and No/100 Dollars ($107,100.00), to be used in paying for the proposed work required by the City in the City of Lubbock. It is further understood 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 Trust 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 con- struction engineering. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 75659, 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. r t l IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF LUBBOCK STATE OF TEXAS arty f the First Part STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION By: Party of the Second Part Mayors n � By: By: �— �X . w Member of Ci v CouncitL By :_mil/ IGGl� Membe Cft Co c r By: Member of City Counc 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 State Highway and Public Transportation Commission: By: j � W. j W//-- A 0- - 4 9�-� Asst. Engineer -Director under authority of Commission Minute 70104 Recommended for execution: (State) Director, Finance r WHEREAS, in LUBBOCK COUNTY, the City of Lubbock has requested assistance in reconstruction on Farm to Market Road 1730 from 82nd Street, south a distance of approximately 1.1 miles; and WHEREAS, it is anticipated that Farm to Market Road 1730 will be included in the Urban System; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Lubbock in such work; NOW, THEREFORE, the Engineer -Director is directed to tender the following proposal to the City of Lubbock: Provided the City will: 1. Furnish all right of way required for roadway improvements and any additional right of way required for drainage, all clear of obstructions and all with acquisition procedures to be in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Indemnify the State from damage caused by flood water. 3. Provide for the adjustment of utilities as may be required. 4. Provide for the construction of continuous curb and gutter•, storm sewers, driveways and sidewalks, all as may be required and all in accordance with governing policies and regulations of the Department. 5. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement and agree to regulate traffic and prevent encroachment on the right of way, all in accordance with governing policies and regulations of - the Department. Subject to the availability of Federal -aid Urban System funds and the eligibility of the proposed work for financing with said funds, the State Department of Highways and Public Transportation.will: 1. Prepare construction plans and specifications. 2. Provide relocation assistance as may be required and deter- mined to be eligible under the Relocation Assistance Program at an estimated cost of $500.00. 3. Provide for reconstruction of grading, structures and sur•- facing at an estimated cost of $1,540,500.00 as authorized in the 1979-1980 Urban System Program. 4. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. r 4 . 1 Minute No. 75659 - Continued Upon acceptance of the provisions of this Order by the appropri- ate officials of the City of Lubbock, the Engineer -Director is directed to proceed with the Relocation Assistance Program, to enter into any necessary agreements with the City covering the details of the proposed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities, to proceed with construction in the most feasible and economical manner. It is understood that the City may discharge its construction obligations as outlined herein in any manner as it may elect. In the event the City desires the State to include its portion of the work in the State's construction contract, the Engineer -Director is hereby autho- rized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Lubbock and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Minute No. 75659 April 26, 1979 COPY "EXHIBIT A"