HomeMy WebLinkAboutResolution - 5024 - Agreement - TDOT Commission - Grading, Base, Curb & Gutter Paving, Indiana Ave - 11_09_1995Resolution No. 5024
November 9, 1995
Item #43
RESOLUTION
BE 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 for and on behalf of the City of Lubbock an Agreement with the State of Texas, acting
by and through the Texas Department of Transportation Commission, attached hereto, 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 thi so ution if fully copied herein in detail.
Passed by the City Council this
AVID R. LANGSTON, MAYOR
ATTEST:
Betty A Johnson, City Secretary
APPROVED AS TO CONTENT:
Hertel, i7ity Engineer
APPROVED AS TO FORM:
")s %�4� —
arold Willard, Assistant City Attorney
H W : dp\ccdoc s\.state. res
October 30, 1995
STATE OF TEXAS §
COUNTY OF TRAVIS §
Lubbock County
CSJ: 0905-06-025
Indiana Avenue
From: 34th Street
To: 50th Street
AGREEMENT
i
Resolution No. 5024
November 9, 1995
Item #43
THIS AGREEMENT is made by and between the City of Lubbock, Texas, acting by and through its Mayor,
hereinafter called the "City" and the State of Texas, acting by and through the Texas Department of
Transportation, hereinafter called the "State."
WITNESSETH
WHEREAS, the City desires participation in providing grading, base, curb and gutter, asphaltic concrete
pavement and incidental items on Indiana Avenue from 34th Street to 50th Street within the city limits of
Lubbock, Texas, and has requested the State to construct or contract for the construction of this work; and
WHEREAS, the State is agreeable to constructing or contracting for the construction of such work on behalf
of the City;
NOW, THEREFORE, the parties herein agree as follows:
Page 1 of 3
The State will construct or contract for the construction of the above -described work on behalf of the City and
the City shall be obligated to pay to the State twenty percent (20%) of the total construction costs of the work,
which sum is estimated to be approximately Six Hundred Ninety Two Thousand One Hundred Seventeen and
13/100 Dollars ($692,117.13), including contingencies, construction engineering, preliminary engineering and
indirect costs at the rates in effect for the fiscal years during which the work shall be accomplished. The indirect
cost rate will be based on the Texas Department of Transportation's Indirect Cost Plan. The City has previously
paid Thirty Three Thousand and 00/100 Dollars ($33,000.00) to the State leaving a balance due of Six Hundred
Fifty Nine Thousand One Hundred Seventeen and 13/100 Dollars ($659,117.13).
The City shall pay the above sum to the State in two payments, as follows: the City shall pay to the State the
sum of Four Hundred Thousand and no/100 Dollars ($400,000.00) upon execution of this agreement and shall
pay as final payment to the State the sum of Two Hundred Fifty Nine Thousand One Hundred Seventeen and
13/100 Dollars ($259,117.13), adjusted for any credits or cost overruns, not later than six (6) months after the
date the construction contract for work under this agreement has been let by the State. Such payments by the
City to the State shall be by warrant or check made payable to the Texas Department of Transportation.
The State will construct or contract for the construction of only those items requested by the City, and City's cost
for such items shall be limited to twenty percent (20%) of the total costs of such items. However, if upon receipt
of bids by the State and/or actual construction of the improvements and/or approved changes in the
contemplated improvements the payments herein described to be made to the State it is determined by the
State that said funds will be insufficient to pay the City's portion of the construction costs, the City shall, at the
State's written request, make an additional payment to the State in an amount sufficient to satisfy the City's pro
rata share of the costs. The City's payment shall be due and payable within thirty days from receipt of the
State's written notification. Upon completion of the work, the State will perform an audit of the costs and any
funds due the City will be promptly returned.
Page 2 of 3
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate
this agreement shall not be valid until signed by a duly authorized representative or by parties.
T OF LUB K, S
By:
avid R. Langston
ayor
November 9. 1999
Date
ATTEST:
Betty M. Johnson
City Secretary
APPRO AS TO ONTENT--
arprHienter
City Engineer
APPROVED AS TO FORM:
arold Willard
Asst. City Attorney
Page 3 of 3
TEXAS DEPARTMENT OF
TRANSPORTATION
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
Texas Transportation Commission
under the authority of Minute Order
10000�
By.
Portia R. Hausmann
Manager, Review and Negotiated Contracts
General Services Division
Date