HomeMy WebLinkAboutResolution - 2008-R0044 - Amendment To Agreement - TXDOT - Advanced Funding - 01/24/2008Resolution No. 2008-80044
January 24, 2008
Item No. 5.6
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 Advance Funding
Agreement, Amendment No. 1, between the City of Lubbock and Texas Department of
Transportation. Said First Amendment Agreement is attached hereto and incorporated in
this Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
Executed by the City Council this 24th day of January 2008.
DAVID A. MILLER, MAYOR
ATTEST:
City
APPROVED AS TO CONTENT:
—�
1UFO. y Or
•iP _W m, Fri IVA•
APPROVED AS TO FORM:
Richard K. Casner, First Assis ity Attorney
R/Res/Texas Department of Transportation
STATE OF TEXAS
COUNTY OF TRAVIS §
Resolution, No. 2008—R0044
CST#_0380-01-062
District # (05)
Code Chart 64 # 25650
Project: —US 62 (MSF -Phase 313
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 December 14"' of 2006 to effectuate their
agreement to allow the Local Government to participate in the improvement of a portion of the State Highway System,
described as construction of US 62 (Marsha Sharp Freeway — Phase 313) from Chicago Avenue to Salem Avenue_ the
"Original Contract'); 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 November 11, 2006; and,
WHEREAS, the Executive Director and the Local Government have agreed to reduce this amount to $12,500,000.00; and,
WHEREAS, it has become necessary to amend the Original 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
The Local Government has contributed $12,500,000.00 as its share of the project, and this amount is to be the amended
"fixed price" or "fixed amount". Article 2 of the Original Contract is hereby amended to reflect the amended "fixed amount".
Therefore, Attachment A is voided in its entirety and replaced with Attachment A-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.
AFA—AFA Amend Page 1 of 3 Revised 11/09/05
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to
effectuate this agreement.
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
lVas TransDortation Commission.
By:
Title
L1
Da e
CITY OF LUBBOCK
DAVID A. MILLER, MAYOR
ATTEST:
becca rza, City Secretary
APPR•7VED AS TP CONTENT:
al Officer
APPROVED AST FORM:
Richard K. Casner, First Assis a ity Attorney
AFA—AFA_Amend Page 2 of 3 Revised 11/09/05
Resolution No. 2008-80044
ATTACHMENT A - 1
Project Budget and Description
The Local Government has elected to participate in the cost for the conversion of an on -system, non -freeway to a freeway
facility along US 62 (Marsha Sharp Freeway — Phase 3B) from Chicago Avenue to Salem Avenue. Based on the funding
Category 10 (Supplemental Transportation Program for SAFETY -LU) and 11 (District Discretionary), the Local
Government's elected participation is a fixed cost of $12,500,000.00 for the cost of this particular improvement. The Local
Government's fixed cost of this will be for construction items. The State has estimated the project to be as follows:
Description
Total
Federal
State
Local
Estimate Cost
Participation
Participation
Participation
Cost
% Cost
% Cost
CONSTRUCTION COSTS
Conversion of a
$24,800,943
80%
$19,840,754
20%
$4,960,189
non -freeway to a
freeway
Fixed Voluntary
$0
0%
$0
0%
$0
100%
$12,500,000
Local Government
Contribution for
construction
Su btotal
$37,300,943
$19,840,754
$4,960,189
$12,500,000
Direct Costs @
$2,238,057
80%
$1,790,445
20%
$447,612
0%
$0
6% (including plan
review, inspection
and oversi ht
Indirect Costs c@
$2,204,486
80%
$1,763,588
20%
$440,898
0%Q
$0
5.91% (no local
participation
required)
TOTAL
$41,743,486
$23,394,787
$5,848,699
$12,500,000
Direct State Cost will be based on actual charges.
Fixed Local Government's Participation (0%) = $12,500,000.00
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 to the State in excess of $12,500,000.
R/lexas Department of Transportation Amend# I -Ad vance Funding
January 17, 2008
AFA--AFA—Amend Page 3 of 3 Revised 11/09/05