HomeMy WebLinkAboutResolution - 2014-R0359 - Agreement To Contribute Funds - 10/23/2014Resolution No. 2014-RO359
Item No. 5.2
October 23, 2014
RESOLUTION
WHEREAS, the Texas Department of Transportation, hereinafter called the
State, and City of Lubbock, hereinafter called the City, propose to enter into a contractual
agreement to adjust utilities for a highway project on US 62 from 1750' South of 82nd
Street to Milwaukee Avenue; and
WHEREAS, the City requests that the State assume responsibility for adjustment
of utilities for said highway project; and
WHEREAS, the City desires to contribute to the State funding participation as
defined in 43 TAC, 15.55 for the actual cost of adjusting utilities for the proper
improvement of the State Highway System;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor, in consideration of the foregoing premises and the mutual
benefits to be derived there from, is hereby authorized and directed to execute and attest
on behalf of the City of Lubbock, an Agreement to Contribute Funds in the amount of
10% of the estimated total cost of the above reference project.
Passed by the City Council on October 23, 2014
WRB,MAYOR
ATTEST:
Rebe a Garza, City Secre ry
APPROVED AS TO CONTENT:
i
P.E.,
APPROVED AS TO, FORM:
itc ell Satterwh-irC,First Assistant City Attorney
RES.AgrmPTxDOT-ROW Funds
10.2.2014
2014-RO359
STATE OF TEXAS §
COUNTY OF TRAVIS
County: Lubbock
District: Lubbock
ROW CSJ # 0380-01-086
CCSJ # 0380-01-078
Federal Project # N/A
Federal Highway Administration
CFDA # 20.205
Not Research and Development
AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS --
UTILITY ADJUSTMENTS ONLY
(LOCAL GOVERNMENT CONTRIBUTION; STATE TO PERFORM THE WORK)
THIS AGREEMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the "State", and The City of Lubbock, Texas, acting
through its duly authorized officials, called the "Local Govemment."
WITNESSETH
WHEREAS, Texas Transportation Code §§ 201.103 and 222.052 establish that the State shall
design, construct, and operate a system of highways in cooperation with local governments;
and
WHEREAS, Texas Transportation Code, §§ 201.209 authorizes the State and a Local
Govemment to enter into agreements In accordance with Texas Govemment Code, Chapter
791; and as required by the latter, in Section 791.011(d), each party paying for the
performance of governmental functions or services provided by this Agreement must make
those payments from current revenues available to the paying party.
WHEREAS, the State has deemed it necessary to make certain highway Improvements on
Highway No. 62 from 1750' South of 82nd Street to Milwaukee Ave., and this section of
highway improvements will necessitate the relocating and adjusting of utilities, called the
"Project"; and
WHEREAS, the Local Govemment requests that the State assume responsibility for the
adjustment of utilities for this highway project; and
WHEREAS, the Local Govemment desires to contribute to the State funding participation as
defined in 43 TAC §15.55 for the cost of relocating or adjusting utilities for the proper
improvement of the State Highway System;
WHEREAS, the Governing Body of the Local Govemment has approved entering into this
agreement by resolution or ordinance dated October 23. 2014 , 2014, which is
attached to and made a part of this agreement as Attachment A. A map showing the Project
location appears in Attachment B, which is attached to and made a part of this agreement.
Agreement to Contribute ROW Funds;
State to Perform the Work Page 1 of 10 Revised 03/20/2012
County: Lubbock
District: Lubbock
ROW CSJ # 0380-01-086
CCSJ # 0380-01-078
Federal Project # WA
Federal Highway Administration
CFDA # 20.205
Not Research and Development
NOW THEREFORE, the State and the Local Govemment do agree as follows:
AGREEMENT
1. Agreement Period
This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed. This agreement shall remain In effect until the Project is
completed or unless terminated as provided below.
2. Termination
This agreement shall remain in effect until the Project Is completed and accepted by all
parties, unless:
A. The agreement is terminated in writing with the mutual consent of the parties;
B. The agreement is terminated by one party because of a breach, in which case any cost
incurred because of the breach shall be paid by the breaching party; or
C. The Project is inactive for thirty-six (36) months or longer and no expenditures have
been charged against federal funds, in which case the State may in its discretion
terminate this agreement.
3. Local Project Sources and Uses of Funds
A. The total estimated cost of the Project is shown in Attachment C, Project Budget
Estimate and Payment Schedule, which is attached to and made a part of this
agreement. The expected cash contributions from the Federal or State government,
the Local Govemment, or other parties, are shown in Attachment C. The Local
Govemment shall contribute to the State the amount shown in Attachment C for its
percentage of the total cost of the right of way to be acquired by the State and shall
transmit to the State with the return of this agreement, duly executed by the Local
Govemment, a warrant or check for the amount and according to the payment schedule
shown in Attachment C.
B. in the event that the State determines that additional funding by the Local Govemment
is required at any time during the Project, the State will notify the Local Govemment in
writing. The Local Govemment shall make payment to the State within thirty (30) days
from receipt of the State's written notification.
C. if the Local Govemment will perform any work under this contract for which
reimbursement will be provided by or through the State, the Local Govemment must
complete training before federal spending authority is obligated. Training is complete
when at least one individual who is working actively and directly on the Project
successfully completes and receives a certificate for the course entitled Local
Govemment Project Procedures Qualification for the Texas Department of
Transportation. The Local Govemment shall provide the certificate of qualification to
the State. The individual who receives the training certificate may be an employee of
the Local Govemment or an employee of a firm that has been contracted by the Local
Agreement to Contribute ROW Funds;
State to Perform the Work Page 2 of 10 Revised 03/20/2012
County: Lubbock
District: Lubbock
ROW CSJ # 0380-01-086
CCSJ # 0380-01-078
Federal Project # N/A
Federal Highway Administration
CFDA # 20.205
Not Research and Development
Government to perform oversight of the Project. The State in its discretion may deny
reimbursement if the Local Government has not designated a qualified individual to
oversee the Project.
D. The State will be responsible for securing the Federal and State share of the funding
required for the development of the Project. If the Local Govemment is due funds for
expenses incurred, these funds will be reimbursed to the Local Government on a cost
basis. The Local Government is authorized to submit requests for reimbursement by
submitting the original of an itemized invoice in a form and containing all items required
by the State no more frequently than monthly, and no later than ninety (90) days after
costs are incurred. If the Local Government submits Invoices more than ninety (90)
days after the costs are incurred, and if federal funding is reduced as a result, the State
shall have no responsibility to reimburse the Local Government for those costs.
E. The total cost of the right of way acquired by the State shall mean the costs related to
the relocation, removal, or adjustment of eligible utilities.
F. Whenever funds are paid by the Local Government to the State under this agreement,
the Local Government shall remit a warrant or check made payable to the "Texas
Department of Transportation Trust Fund." The warrant or check shall be deposited by
the State in an escrow account to be managed by the State. Funds in the escrow
account may only be applied to this highway project.
G. Upon completion of the Project, the State will perform an audit of the Project costs. Any
funds due by the Local Government or the State will be promptly paid by the owing
party. If, after final Project accounting, excess funds remain in the escrow account,
those funds may be applied by the State to the Local Government's contractual
obligations to the State under another agreement with approval by appropriate
personnel of the Local Govemment. If the Local Govemment contributes real property
under this agreement, this refund provision is subject to the limitation described below
in Article 4 (Real Property in Lieu of Monetary Payment).
H. The State will not pay interest on any funds provided by the Local Govemment.
t. In the event any existing, future, or proposed Local Govemment ordinance,
commissioner's court order, rule, policy, or other directive, including, but not limited to,
outdoor advertising or storm water drainage facility requirements, is more restrictive
than State or federal regulations, or any other locally proposed change, including, but
not limited to, plats or re -plats, results in any increased costs to the State, then the
Local Govemment will pay one hundred percent (100%) of all those increased costs,
even if the applicable county qualifies as an Economically Disadvantaged County
(EDC). The amount of the increased costs associated with the existing, future, or
proposed Local Govemment ordinance, commissioner's court order, rule, policy, or
other directive will be determined by the State at its sole discretion.
J. If the Local Govemment is an EDC and if the State has approved adjustments to the
standard financing arrangement, this agreement reflects those adjustments.
K. If the Project has been approved for a `fixed price" or an "incremental payment" non-
standard funding or payment arrangement under 43 TAC §15.52, the budget in
Agreement to Contribute ROW Funds;
State to Perform the Work Page 3 of 10 Revised 03/2012012
County: LubbocK
District Lubbock
ROW CSJ # 0380-01-086
CCSJ # 0380-01-078
Federal Project # N/A
Federal Highway Administration
CFDA # 20.205
Not Research and Development
Attachment C will clearly state the amount of the fixed price or the incremental payment
schedule.
4. Real Property In Ueu of Monetary Payment
A. Contributions of real property may be credited to the Local Government's funding
obligation for the cost of right of way to be acquired for this project. Credit for all real
property, other than property which is already dedicated or in use as a public road,
contributed by the Local Government to the State shall be based on the property's fair
market value established as of the effective date of this agreement. The fair market
value shall not include increases or decreases in value caused by the project and
should include the value of the land and improvements being conveyed, excluding any
damages to the remainder. The amount of any credit for real property contributed for
this project is clearly shown in Attachment C.
B. The Local Government will provide to the State all documentation to support the
determined fair market value of the donated property. This documentation shall include
an appraisal of the property by a licensed appraiser approved by the State. The cost of
appraisal will be the responsibility of the State. The State will review the submitted
documentation and make a final determination of value; provided however, the State
may perform any additional Investigation deemed necessary, including supplemental
appraisal work by State employees or employment of fee appraisers.
C. Credit shall be given only for property transferred at no cost to the State after the
effective date of this agreement and the Issuance of spending authority, and only for
property which is necessary to complete this project, has title acceptable to the State,
and is not contaminated with hazardous materials. Credit shall be in lieu of monetary
contributions required to be paid to the State for the Local Government's funding share
of the right of way to be acquired for this project. The total credit cannot exceed the
Local Government's matching share of the right of way obligation under this agreement,
and credits cannot be reimbursed in cash to the Local Government, applied to project
phases other than right of way, nor used for other projects.
D. In the event the Local Govemment's monetary contributions to the State for acquisition
of right of way, when added to its real property credits, exceed the Local Government's
matching share of the right of way obligation, there will be no refund to the Local
Government of any portion of its contributed money.
5. Amendments
Amendments to this agreement due to changes in the character of the work, terms of the
agreement, or responsibilities of the parties relating to the Project may be enacted through
a mutually agreed upon, written supplemental agreement.
B. Notices
All notices to either party by the other required under this agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid, to the following addresses:
Agreement to Contribute ROW Funds;
State to Perform the Work Page 4 of 10 Revised 03/20/2012
Local Government:
County: LubbocK
District: Lubbock
ROW CSJ # 0380-01-086
CCSJ # 0380-01-078
Federal Project # N/A
Federal Highway Administration
CFDA # 20.205
Not Research and Development
State:
Director of Right of Way Division
Texas Department of Transportation
125 E. 11"' Street
Austin, Texas 78701
All notices shall be deemed given on the date delivered or deposited in the mail, unless
otherwise provided by this agreement. Either party may change the above address by
sending written notice of the change to the other party. Either party may request in writing
that notices shall be delivered personally or by certified U.S. mail and that request shall be
honored and carried out by the other party.
7. Remedies
This agreement shall not be considered as specifying the exclusive remedy for any
agreement default, but all remedies existing at law and in equity may be availed of by
either party to this agreement and shall be cumulative.
8. Legal Construction
If one or more of the provisions contained in this agreement shall for any reason be held
invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability
shall not affect any other provisions and this agreement shall be construed as if it did not
contain the invalid, illegal, or unenforceable provision.
9. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party and each party agrees it is responsible for its individual acts
and deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents, and that the Project does not constitute a joint enterprise of the State or the
Local Government.
10. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules
and regulations, and the orders and decrees of any courts or administrative bodies or
tribunals in any manner affecting the performance of this agreement. When required, the
Local Government shall furnish the State with satisfactory proof of this compliance.
Agreement to Contribute ROW Funds;
State to Perform the Work Page 5 of 10 Revised 03/20/2012
County: LubbocK
District: Lubbock
ROW CSJ # 0380-01-086
CCSJ # 0380-01-078
Federal Project # WA
Federal Highway Administration
CFDA # 20.205
Not Research and Development
11. Sole Agreement
This agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the subject
matter of this agreement.
12. Ownership of Documents
Upon completion or termination of this agreement, all documents prepared by the State
shall remain the property of the State. All data prepared under this agreement shall be
made available to the State without restriction or limitation on their further use. All
documents produced or approved or otherwise created by the Local Government shall be
transmitted to the State in the form of photocopy reproduction on a monthly basis as
required by the State. The originals shall remain the property of the Local Government. At
the request of the State, the Local Government shall submit any information required by
the State in the format directed by the State.
13. Inspection of Books and Records
The Local Government shall maintain all books, papers, accounting records and other
documentation relating to costs incurred under this agreement and shall make such
materials available to the State and, if federally funded, the Federal Highway
Administration (FHWA) or their duly authorized representatives for review and inspection at
its office during the contract period and for four (4) years from the date of completion of
work defined under this agreement or until any impending litigation, or claims are resolved.
Additionally, the State and FHWA and their duly authorized representatives shall have
access to all the governmental records that are directly applicable to this agreement for the
purpose of making audits, examinations, excerpts, and transcriptions.
14. State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from
the State directly under this agreement or indirectly through a subcontract under this
agreement. Acceptance of funds directly under this agreement or indirectly through a
subcontract under this agreement acts as acceptance of the authority of the state auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation in
connection with those funds. An entity that is the subject of an audit or investigation must
provide the state auditor with access to any information the state auditor considers relevant
to the Investigation or audit.
15. Applicability of Federal Provisions
Articles 16 through 23 below apply to the Local Government only if the Local Government
Is performing work under this agreement or any amendment thereof.
Agreement to Contribute ROW Funds,
State to Perform the Work Page 6 of 10 Revised 03/20/2012
County: Lubbock
District: Lubbock
ROW CSJ # 0380-01-086
CCSJ # 0380-01-078
Federal Project # N/A
Federal Highway Administration
CFDA # 20.205
Not Research and Development
16. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Tale 49 CFR §18.36
and with the property management standard established in Title 49 CFR §18.32.
17. Civil Rights Compliance
The parties to this agreement shall comply with the regulations of the U.S. Department of
Transportation as they relate to nondiscrimination (49 CFR Part 21 and 23 CFR Part 200),
and Executive Order 11246 titled "Equal Employment Opportunity," as amended by
Executive Order 11375 and supplemented in the Department of Labor Regulations (41
CFR Part 60
18. Office of Management and Budget (OMB) Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in OMB Circular A-87 that specify that all reimbursed costs are
allowable, reasonable, and allocable to the Project.
19. Disadvantaged Business Enterprise (DBE) Program Requirements
A. The parties shall comply with the DBE Program requirements established in 49 CFR
Part 26.
B. The Local Government shall adopt, in its totality, the State's federally approved DBE
program.
C. The Local Govemment shall set an appropriate DBE goal consistent with the State's
DBE guidelines and In consideration of the local market, project size, and nature of the
goods or services to be acquired. The Local Government shall have final decision-
making authority regarding the DBE goal and shall be responsible for documenting its
actions.
D. The Local Government shall follow all other parts of the State's DBE program
referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the
Adoption of the Texas Department of Transportation's Federally -Approved
Disadvantaged Business Enterprise by Entity and attachments found at web address
hftp://txdot.gov/business/business outreach/mou.htm.
E. The Local Government shall not discriminate on the basis of race, color, national origin,
or sex in the award and performance of any U.S. Department of Transportation (DOT) -
assisted contract or in the administration of its DBE program or the requirements of 49
CFR Part 26. The Local Government shall take all necessary and reasonable steps
under 49 CFR Part 26 to ensure non-discrimination in award and administration of
DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and
as approved by DOT, is incorporated by reference in this agreement. Implementation
of this program is a legal obligation and failure to cavy out its terms shall be treated as
a violation of this agreement. Upon notification to the Local Government of its failure to
carry out its approved program, the State may impose sanctions as provided for under
Agreement to Contribute ROW Funds;
State to Perform the Work Page 7 of 10 Revised 03/20/2012
County: LubbocK
District: Lubbock
ROW CSJ # 0380-01-086
CCSJ # 0380-01-078
Federal Project # N/A
Federal Highway Administration
CFDA # 20.205
Not Research and Development
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under
18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 at
seq.).
F. Each contract the Local Govemment signs with a contractor (and each subcontract the
prime contractor signs with a sub -contractor) must include the following assurance:
The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT -assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this agreement, which may result in the termination
of this agreement or such other remedy as the recipient deems appropriate.
20. Debarment Certification
The parties are prohibited from making any award at any tier to any party that is debarred
or suspended or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549, "Debarment and Suspension.' By
executing this agreement, the Local Govemment certifies that it is not currently debarred,
suspended, or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549 and further certifies that it will not do business with
any party that is currently debarred, suspended, or otherwise excluded from or ineligible for
participation in Federal Assistance Programs under Executive Order 12549. The parties to
this contract shall require any party to a subcontract or purchase order awarded under this
contract to certify its eligibility to receive federal funds and, when requested by the State, to
fumish a copy of the certification.
21. Lobbying Certification
In executing this agreement, each signatory certifies to the best of that signatory's
knowledge and belief, that:
A. No federal appropriated funds have been paid or will be paid by or on behalf of the
parties to any person for influencing or attempting to influence an officer or employee of
any federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress In connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with federal contracts, grants, loans, or cooperative
agreements, the signatory for the Local Govemment shall complete and submit the
Agreement to Contribute ROW Funds;
State to Perform the Work Page 8 of 10 Revised 03/20/2012
County: Lubbock
District: Lubbock
ROW CSJ # 0380-01-086
CCSJ # 0380-01-078
Federal Project # WA
Federal Highway Administration
CFDA # 20.205
Not Research and Development
Federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with
its Instructions.
C. The parties shall require that the language of this certification shall be included in the
award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and all sub -recipients shall
certify and disclose accordingly. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Title 31 USC §1352. Any person
who falls to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each failure.
22. Federal Funding Accountability and Transparency Act Requirements
A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act and implementing regulations at 2 CFR Part 170,
including Appendix A. This agreement Is subject to the following award terms:
http://edocket.access.opo.gov/2010/pdf/2010-22705.pdf and
http://edocket.access.gpo.gov/2010/pdf/2010-22706.pdf.
B. The Local Govemment agrees that it shall:
1. Obtain and provide to the State a Central Contracting Registry (CCR) number
(Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for
more than $25,000 in Federal funding. The CCR number may be obtained by visiting
the CCR web -site whose address is: https:1/www.bon,00v/ccr/default.asox;
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number,
a unique nine -character number that allows the Federal government to track the
distribution of federal money. The DUNS number may be requested free of charge
for all businesses and entities required to do so by visiting the Dun & Bradstreet on-
line registration website http://fedgov.dnb.com/webfonn; and
3. Report the total compensation and names of its top five (5) executives to the State if:
1. More than 80% of annual gross revenues are from the Federal govemment, and
those revenues are greater than $25,000,000; and
Ii. The compensation information is not already available through reporting to the
U.S. Securities and Exchange Commission.
23. Single Audit Report
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-
502, ensuring that the single audit report Includes the coverage stipulated in OMB
Circular A-133.
B. If threshold expenditures of $500,000 or more are met during the Local Government's
fiscal year, the Local Govemment must submit a Single Audit Report and Management
Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or
contact TxDOT's Audit Office at http://www.bcdotuov/contact us/audd.htm.
C. If expenditures are less than $500,000 during the Loral Government's fiscal year, the
Local Govemment must submit a statement to TxDOrs Audit Office as follows: "We
Agreement to Contribute ROW Funds;
State to Perform the Work Page 9 of 10 Revised 03/20/2012
County. Lubbock
District: Lubbock
ROW CSJ # 0380-01-086
CCSJ # 0380-01-078
Federal Project # N/A
Federal Highway Administration
CFDA # 20.205
Not Research and Development
did not meet the $500,000 expenditure threshold and therefore, are not required to
have a single audit performed for FY 14-15 ,^
D. For each year the project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above. The
required annual filing shall extend throughout the life of the agreement, unless
otherwise amended or the project has been formally closed out and no charges have
been incurred within the current fiscal year.
24. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
agreement on behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCXARMVENT ATTEST:
Sign _
Rebe ca Garza, City Secr ary
Glen C. Robertson
Typed or Printed Name
Mayor
Title
October 23, 2014
Date
THE STATE OF TEXAS
John P. Campbell, P.E.
Director, Right of Way Division
Texas Department of Transportation
r i 1 -/ � ---
Agreement to Contribute ROW Funds;
State to Perform the Work Page 10 of 10 Revised 03/20/2012
County: Lubbo
District: Lubbock
ROW CSJ # 0380-01-086
CCSJ # 0380-01-078
Federal Project # N/A
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT A
RESOLUTION OR ORDINANCE
Agreement to Contribute ROW Funds Page 1 of 1 Attachment A
Resolution No. 2014-. 0359
Item No. 5.2
October 23. 2014
RESOLUTION
WHEREAS, the Texas Department ul' 1'ronsportalion, hercinatier called the
State, and City of Lubbock; hereinafter called the City, propose to enter into a contractual
agreement to adjust utilities for it highway project on US 62 Iiom 1750' South of 82nd
Street to Milwaukee Avenue; and
WHEREAS, the City requests that the Stoic assume responsibility lbr adjustment
of utilities for said highway project; and
WHEREAS, the City desires to contribute to the State limding participation ati
defined in 43 TAC. 15.55 for the actual cost of adjusting utilities for the proper
improvement of the State Highway System:
BE IT RESOLVED BY TI IE CITY COUNCIL OF TI IF. CITY OF LUBBOCK:
THAT the Mayor. in consideration of the foregoing premises and the mutual
benefits to be derived there from, is hereby authorized and directed to execute and attest
on behalf of the City of Lubbock, an Agreement to Contribute Funds in the amount of
10% of the estimated lotal cost of the above reference project.
Passed by the City Council on October 23. 2014
— I /Z/
R61;1 -.R I %ON. MAYOR
ATTEST:
Rrbe •n Oarm, City Sccre ry•
APPROVED AS TO CON7'EN'I':
'WoodTrranklin, P.E., City linginccr
APPROVED AS "U DORM:
101
itc ell Sattcrw 1 , First Assistant City Attorney
RFS.Agnn1=1'xD0T-R0W Funds
10.2 2014
County: Lubbo
District: Lubbock
ROW CSJ # 0380-01-086
CCSJ # 0380-01-078
Federal Project # WA
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT B
LOCATION MAP SHOWING PROJECT
Agreement to Contribute ROW Funds Page 1 of 1 Attachment 13
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County. Lubb
District: Lubbock
ROW CSJ # 0380-01-086
CCSJ # 0380-01-078
Federal Project # N/A
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT C
PROJECT BUDGET ESTIMATE AND PAYMENT SCHEDULE
Agreement to Contribute ROW Funds Page 1 of 1 Attachment C
Standard Agreement to Contribute
State Performs Work
Attachment C
Description
Total
Estimated
Cost
tateoval
artiG tion
aration
ticl
o
t
/o
Cost
Right of Way
Acquisition
0
0%
%
0
Reimbursable
Utility
Adjustments
$94,000.00
%
$84,600.00
10%
$9,400.00
Joint Bid
Reimbursable
ti14
d ustments
0
%
0
0%
0
0
°h0%
$0
0
%
0
0%
0
0
0%
0%
0
00%
9'0
$0
0
%
0
%
0
TOTAL
94,000.00
%
,800.00
11
10%
9,400.00
This Is an estimate. The final amount of Local Government participation will be
based on actual costs.
R:\RCW\RCWROW\ROW_Staf Only\LBB\RCSJ 0380-01-086 US 62_82 Utilities
Only\LG Agreement\Attachment_C - Standard_ Funding_Schedule_
State Performs Work.doc Rev. 02/02/2012