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"