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HomeMy WebLinkAboutResolution - 3162 - Agreement - CFL Inc - Street Improvements, 82Nd St From Ash Ave To US87 - 07_27_1989Resolution # 3162 July 27, 1989 Item #23 DWM:dw RESOLUTION 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 to be entered into by and between the City of Lubbock and Central Freight Lines, Inc., a common carrier corporation, said agreement attached hereto as Exhibit A and incorporated herein being concerned with reconstruction and/or construction of street improvements on 82nd Street from Ash Avenue to U.S. 87 within the corporate limits of the City of Lubbock, 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 July , 1989. B. C. McMI N, MAYOR ATTEST: Ranette Boyd, City Secretary" k APPRO ED AS TO CONTENT: � J71 Larry V. fman, Direc of Transpor ion APPROVED AS TO FORM: Dennis W.'-McGill, Tria ttorney JWF:js EXHIBIT A AGREEMENT FOR RECONSTRUCTION OF A PORTION OF 82ND STREET THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement is entered into by and between the City of Lubbock, a Home Rule Municipality located in Lubbock County, Texas (herein called "City") and Central Freight Lines, Inc., a common carrier corporation (herein called "Central"), this 27th day of July 1989. KNOW ALL MEN BY THESE PRESENTS: THAT City and Central in consideration of the mutual agree- ments and obligations herein respectively undertaken by each of them, as hereinafter set forth, do hereby contr.act..and._agree as follows: I. City and Central agree to pay for the reconstruction and/or construction of street improvements on 82nd Street from Ash Avenue to U. S. 87 within the corporate City limits of City (herein called "project" or "the project"). It is estimated that the project will cost approximately ONE HUNDRED FORTY THOUSAND AND N0/100 DOLLARS ($140,000.00). Central shall pay FORTY THOUSAND AND N0/100 DOLLARS ($40,000.00) toward the cost of the project, and its liability for such costs is specifically limited to FORTY THOUSAND AND N0/100 DOLLARS ($40,000.00). Central shall deposit with the City of Lubbock the sum of FORTY THOUSAND AND N0/100 DOLLARS ($40,000.00) within seven (7) days of receipt of notice from the City that it plans to advertise the project for bids within fifteen (15) days, to assure to City the funds to be furnished by Central are avail- able for expenditure on the project. II. As soon as practicable after execution of this Agreement, City shall prepare proposed contract documents, notice and invitation for bids, and shall consider such bids, if any, which are received for construction on the project. If it is determined that a satis- factory bid is found and determined by the City Council of the City, the construction contract shall be awarded to such satisfac- tory bidder; then if all contract requirements of the City are met by the successful bidding contractor, then the City will enter into the contract by its execution thereof, if the successful bidder also executes the contract. The City specifically reserves the right to reject any or all bids, and the City reserves the right not to execute any construction contract which, in the City's sole discretion, does not meet the contract requirements of the City, or any of the requirements of the laws of the State of Texas, or the ordinances, regulations, and Charter of the City with respect hereto, and if the City so determines not to execute the construc- tion contract, it shall have the option in its discretion of terminating this Agreement for all purposes. The City shall use its best efforts to execute the construction contract (within the limitations imposed on such execution set forth herein) within six (6) months from the date of this Agreement. - 2 - The deposit of FORTY THOUSAND AND N0/100 DOLLARS ($40,000.00) by Central with the City of Lubbock as above set forth shall not bear interest. IV. If the City does not receive any bids for the project which are satisfactory to the City, the City may at its sole option ter- minate this Agreement for all purposes or re -advertise for bids again. If a second advertising for bids occurs, and such bids are still unsatisfactory (in the sole discretion of the City), then City shall have the right to terminate this Contract for all pur- poses. V. After the construction begins, if it does so.begin, the City may use the FORTY THOUSAND AND N0/100 DOLLARS ($40,000.00) deposit to pay the contractor for part of the work done on the project. VI. City shall be the sole judge as to whether the contractor has completed the project in accordance with the plans and specifica- tions of the contract documents, and acceptance of such project improvements by the City. VII. City shall maintain the portion of 82nd Street so constructed in accordance with the policies and regulations of the City, and customary and usual practices of the City in such maintenance. - 3 - VIII. This Agreement shall not become effective until its execution by both City and Central, and the deposit by Central of the sum of FORTY THOUSAND AND NO/100 DOLLARS ($40,000.00) with the City as hereinabove provided. IX. If the construction contract is not awarded to a bidder by the City, or if the construction contract is not executed by the City, within six (6) months from the date of this Agreement, the City and/or Central have the right to terminate this Agreement and upon termination, Central shall be entitled to a refund of its FORTY THOUSAND AND NO/100 DOLLARS ($40,000.00) deposit from the City. EXECUTED as of the date first above written in the City of Lubbock, Lubbock County, Texas in duplicate, each duplicate copy having the dignity of an original, and being performable in the City of Lubbock, Lubbock County, Texas. CITY OF LUBBOCK CENTRAL FREIGHT LINES, IC. e /♦L BY: BY: . C. McMINN, MAYOR ITS: (Title or Position) Zane to Boyd, City Secret ry AP VED AS TO T: Larry V, / Hof fmafll/ director Transpdation APPRO D AS TO FORM• ` 4%, J W rth Fullingim, Assists V Attorney - 4 -