HomeMy WebLinkAboutResolution - 2011-R0554 - Amendment To Agreement - TXDOT - Funding - 12/14/2011Resolution No. 2011—RO554
December 14, 2011
Item No. 5.8
RESOLUTION
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 the City of Lubbock, an Advance Funding Agreement
Amendment 42, by and between the City of Lubbock and the Texas Department of
Transportation, and related documents. Said Amendment is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on
December 14, 2011
TOM MARTIN, MAYOR
ATTEST:
Rebec�e Garza, City Secrcta
APPROVED AS TO CONTENT:
ry\a Ao L o t, A'A
Marsha Reed, P.E., Chief Operating Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocsfRES.Amend #2-TxDOT
November28, 2011
STATE OF TEXAS §
COUNTY OF TRAVIS §
'J # 0783-02-064
District # _Lubbock (05)
Code Chart 64 # 25650
Project: Loom 289 (NW Passage)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ADVANCE FUNDING AGREEMENT
AMENDMENT # 2
THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas
Department of Transportation, called the State, and the City of Lubbock, acting by and through its
duly authorized officials, called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on April 15, 2008 to effectuate
their agreement to allow the Local Government to participate in paying for a share of the construction
of a new interchange at North Loop 289 and Slide Road in Lubbock, Texas; and,
WHEREAS, Special Approval for a fixed price Voluntary Local Government Contribution agreement
was approved by the State in the amount of $25,000,000.00, on April 15, 2008; and,
WHEREAS, Amendment #1 to this agreement was executed on May 21, 2009, which reduced the
Local Government contribution to $13,546,325.00; and,
WHEREAS, there was a dispute regarding the Local Government's contribution; and,
WHEREAS, State and the Local Government desire to resolve the dispute; and,
WHEREAS, the project has been completed, resulting in a total of $9,891,164.95 charged to the
Local Government share of construction; and,
WHEREAS, it has become necessary to amend that contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, the State and the Local Government do agree as follows:
AGREEMENT
1. Description of Amended Items
Attachment C-1 is deleted in its entirety and replaced with Attachment C-2, Project Budget,
attached to this amendment.
All other provisions of the original contract are unchanged and remain in full force and effect.
AFA—AFA—Amend Page 1 of 3 Revised 04/08/11
'J # 0783-02-064
uistrict # _Lubbock (05)
Code Chart 64 #_25650
Project: Loop 289 (NW Passage)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
2. 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 LOCAL GOVERNMENT
CITY OF LUBBOCK
Tom Martin, MAYOR
December 14, 2011
Date
ATTEST:
p4tto__�
Reb ca Garza, City Secretai
APPROVED AS TO CONTENT:
'm a AaL 0 � od
MaMaeed, P.E., Chief Oper ting Officer
APPROV AS TO ORM:
Chad Weaver, Assistant City Attorney
THE STATE OF TEXAS
e Mullenix
rector of Contract ervices
ex�as Department of Transportation
73 ). 2d ! i
to
AFA—AFA Amend Page 2 of 3 Revised 04/08111
CSJ # 0783-02-064
District # Lubbock (05)
Code Chart 64 #25650
Project: Loop 289 NW Passage
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT C-2
Project Budget
The Local Government will participate paying for a share of the construction of a new interchange at North Loop 289 and
Slide Road in Lubbock, Texas. The Local Government's fixed participation of this work is $9,891,164.95, including
construction items only. The State has estimated the project to be as follows:
Description
Total
Federal
State
Local
Final Cost
Participation
Participation
Partici ation
% COSt
% cost
%
Cost
Construction of New
$16,518,640.06
100%
$16,518,640.06
0%
$0
0%
$0
Interchange and
Reconstruction of
Existing Interchange
Fixed Local Contribution$
9,89 1
0%
$0
0%
$0
100
$9,891,164.95
for Construction
�16�4.95
7-%
Subtotal
$26,409,805.01
$16,518,640.06
$0
$9,891,164.95
Direct State Costs Actual
$2J49,373.65
0%
$0
100%
$2,149,373.65
0%
$0
(including plan review,
inspection and oversight)
Indirect State Costs
$1,894,7$2.31
Actual
$1,210,816.31
Actual
$683,966
0%
$0
Actual (no local
participation required
except for service
projects)
TOTAL
$30,453,960.97
$17,729,456.37
$2,833,339.50
$9,891,164.95_
Direct State Cost will be based on actual charges.
Local Government's Participation (Actual and Final) = $9,891,164.95
AFA—AFA Amend Page 3 of 3 Revised 04/08/11