HomeMy WebLinkAboutResolution - 2009-R0168 - Amendment To Agreement - TXDOT - Slide Road Overpass - 04/27/2009Resolution No. 2009—RO168
April 27, 2009
Item No. 5.1,2
RESOLUTION
BE 1T 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, Amendment #1 to the
Advance Funding Agreement for the design and construction of the Slide Road overpass
at North Loop 289, by and between the City of Lubbock and the State of Texas, acting by
and through the Texas Department of Transportation, and related documents. Said
Amendment #1 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 this 27th
ATTEST:
�� 416�- 4 ..
Rebecca arza, City Secretary
APPROVED AS TO CONTENT:
Marsha Reed, P.E.
Director of Public Works
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
day of April '2009.
,
TOM MARTIN, MAYOR
vw/cedocs/Chad/Resolutions/RES.Agreement-Amendment #1-TuDot
March 27, 2009
STATE OF TEXAS §
COUNTY OF TRAVIS §
Resolution No. 2009—RO168
CSJ # 0783-02-064
District # _Lubbock(05)
Code Chart 64 # 25650
Project: Loop 289 (NW Passage)
CFDA # 20.205
ADVANCE FUNDING AGREEMENT
AMENDMENT#1
THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of
Transportation, hereinafter called the State, and the City of Lubbock, acting by and through its duly authorized officials,
hereinafter called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on April 15 of 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 March 17, 2008; and,
WHEREAS, the Executive Director and the Local Government have agreed to reduce this amount to $ 13,546,325.00;
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 hereto,
the State and the Local Government do agree as follows:
AGREEMENT
Article 1. Description of Amended Items
Article 22 Inspection of Books and Records, of the original contract is being amended to add the following language:
In accordance to Section 902 of the American Recovery and Reinvestment Act of 2009 (ARRA), should this agreement
involve the expenditure of ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority
to:
a. examine any records of the contractor or any of its subcontractors, or any State or local agency administering such
contract, that directly pertain to, and involve transactions relating to the contract or subcontract; and
b. interview any officer or employee of the contractor or any of its subcontractors, or any State or local agency
administering the contract regarding such contracts.
Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of the
Comptroller General.
In accordance with Section 1515(x) of the ARRA, with respect to each contract or grant awarded using covered funds, any
representative of an appropriate inspector general appointed under Section 3 or 8G of the Inspector General Act of 1978
(5 U.S.C. App.), is authorized:
a. to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local
agency administering such contract that pertain to and involve transactions relating to the contract, subcontract,
grant, or subgrant; and
b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency regarding such
transactions.
Section 1515(b) further provides that nothing in the section previously mentioned shall be interpreted to limit or restrict in
any way the existing authority of an inspector general.
AFA—AFA_Amend Page 1 of 3 Revised 10/23108
Attachment C is deleted in its entirety and replaced with Attachment C-1.
All other provisions of the original contract are unchanged and remain in full force and effect.
Article 2. Signatory Warranty
The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the
organization they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to
effectuate this agreement.
THE LOCAL GOVERNMENT
CITY OF LUBBOCK
A�4
Tom Martin, MAYOR
ATTEST:
Rebecc Garza, City Secretary
APPROVED AS TO CONTENT:
J-k/� k�k- (( �'� Y" J
M rsha eed, P.E., Direc or of Public Works
APPRO'(IECYAS 0 FORM.
Chad Weaver, Assistant City Attorney
THE STATE OF TEXAS
Executed for the Executive Director and
approved for the Texas Transportation
Commission 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.
By: U LX- a . -------
4
Namrz
Lea A. Burnett
Senior Contracts Attorney
Contract Services
Date
AFA—AFA_Amend Page 2 of 3 Revised 10123/08
ATTACHMENT C-1 Resolution No. 2404-80168
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 $13,546,325.00, including
construction items only. The State has estimated the project to be as follows:
Description
Total
Federal
State
Local
Estimate Cost
Participation
Participation
Participation
% Cost
% Cost
% Cost
Construction of New
$26,453,675
100%
$26,453,675
0%
$0
0%
$0
Interchange and
Reconstruction of
Existing Interchange
Fixed Local Contributiono
$ 13,546,325
0 /o
$Q
Q
0 /o
$0
o
100 /o
$13,546,325
for Construction
Subtotal
$40,000,000
$26,453,675
$0
$13,546,325
Direct State Costs @
$2,400,000
80%
$1,920,000
20%
$480,000
0%
$0
6%(including plan review,
inspection and oversight)
Indirect State Costs @
$2,120,000
80%
$1,696,000
20%
$424,000
0%
$0
5.3% (no local
participation required
except for service
projects)
TOTAL
$44,520,000
$30,069,675
$904,000
$13,546,325
Direct State Cost will be based on actual charges.
Local Government's Participation (Fixed) = $13,546,325.00
It is further understood that the State will include only those items for the improvements as requested and required by the
Local Government. This is an estimate only; final participation amounts will be based on actual charges to the project.
Notwithstanding the estimate of costs and participation amounts set forth above, the Local Government shall not be
responsible for payment to the State in excess of $13,546,325.00
AFA—AFA Amend Page 3 of 3 Revised 10/23/08