HomeMy WebLinkAboutResolution - 2017-R0096 - Texas Department Of Transporation - Highway Improvements FM 179 - 03/09/2017Resolution No. 2017-R0096
Item No. 6.9
March 9, 2017
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 Agreement to Contribute Right of Way Funds (Fixed
Price), by and between the City of Lubbock and the State of Texas acting through the Texas
Department of Transportation (TxDOT), regarding highway improvements on Highway No. FM
179 from 800 feet North of SH 114 to Donald Preston Drive. Said Agreement 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 March 9 201 7
~~~~~~~~~~~~
DANIEL M. POPE , MAYOR
ATTEST:
ublic Works
APPROVED AS TO FORM:
lfatl ·~
Kelli Leisure , Assistant City Attorney
ccdocs/RES.AgnntContributeRightofwayfunds.FM 179
02.22.17
Resolution No. 2017-R0096
STATE OF TEXAS §
COUNTY OF TRAVIS §
County Lubbock
District Lubbock
ROW CSJ # 0880-04-034
CCSJ # 0880-04-032
Federal Project #:N/A
CFDA Title: Highway Planning & Construction
CFDA # 20.205
Federal Highway Administration
Not Research and Development
AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS (FIXED PRICE)
THIS AGREEMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, (the "State"), and City of Lubbock, Texas, acting through its
duly authorized officials (the "Local Government").
WITNESS ETH
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
Government to enter into agreements in accordance with Texas Government Code, Chapter
791;and
WHEREAS, the State has deemed it necessary to make certain highway improvements on
Highway No. FM 179 from 800 feet North of SH 114 to Donald Preston Drive, and this section
of highway improvements will necessitate the acquisition of certain right of way and the
relocating and adjusting of utilities (the "Project"); and
WHEREAS, the Local Government requests that the State assume responsibility for
acquisition of all necessary right of way and adjustment of utilities for this highway project; and
WHEREAS, the Local Government desires to enter into a fixed price joint participation
agreement pursuant to 43 TAC §15.52 to contribute to the State funding participation as
defined in 43 TAC § 15.55 for the cost of acquiring the right of way and relocating or adjusting
utilities for the proper improvement of the State Highway System;
WHEREAS, the Governing Body of the Local Government has approved entering into this
agreement by resolution or ordinance dated March 9 , 20_..l], 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.
NOW THEREFORE, the State and the Local Government do agree as follows:
Agreement to Contribute -Fixed Price Page 1 of 10 Revised 04/13/2016
County Lubbock
District Lubbock
ROW CSJ # 0880-04-034
CCSJ # 0880-04-032
Federal Project #:N/A
CFDA Title : Highway Planning & Construction
CFDA # 20 .205
Federal Highway Administration
Not Research and Development
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 Government, or other parties is shown in Attachment C. The Local
Government shall pay to the State the amount shown in Attachment C as its required
contribution of the total cost of the Project and shall transmit to the State with the return
of this agreement, duly executed by the Local Government, a warrant or check for the
amount and according to the payment schedule shown in Attachment C.
B. The Local Government's fixed price contribution set forth in Attachment C is not subject
to adjustment unless:
1. site conditions change;
2. work requested by the Local Government is ineligible for federal
participation; or
3. the adjustment is mutually agreed on by the State and the Local
Government.
C. If the Local Government will perform any work under this contract for which
reimbursement will be provided by or through the State, the Local Government 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
Government Project Procedures Qualification for the Texas Department of
Transportation. The Local Government shall provide the certificate of qualification to
the State. The individual who receives the training certificate may be an employee of
the Local Government or an employee of a firm that has been contracted by the Local
Agreement to Contribute -Fixed Price Page 2 of 10 Revised 04/13/2016
County Lubbock
District Lubbock
ROW CSJ # 0880-04-034
CCSJ # 0880-04-032
Federal Project #:N/A
CFDA Title : Highway Planning & Construction
CFDA # 20.205
Federal Highway Administration
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. 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.
E. Notwithstanding that this is a fixed price agreement, the Local Government agrees that
in the event any existing, future, or proposed Local Government 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 Government 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 Government ordinance, commissioner's court order, rule, policy, or
other directive will be determined by the State at its sole discretion.
F. If the Local Government is an EDC and if the State has approved adjustments to the
standard financing arrangement, this agreement reflects those adjustments.
G. If the Project has been approved for an "incremental payment" non-standard funding or
payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly
state the incremental payment schedule.
4. Real Property in Lieu 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.
Agreement to Contribute -Fixed Price Page 3 of 10 Revised 04/13/2016
County Lubbock
District Lubbock
ROW CSJ # OBB0-04-034
CCSJ # OBB0-04-032
Federal Project #:N/A
CFDA Title: Highway Planning & Construction
CFDA # 20 .205
Federal Highway Administration
Not Research and Development
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 Government'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.
6. 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:
Local Government:
City of Lubbock
1625 13th Street
Lubbock, Texas 79401
State:
Director of Right of Way Division
Texas Department of Transportation
125 E. 11th 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.
Agreement to Contribute -Fixed Price Page 4 of 10 Revised 04/13/2016
7. Remedies
County Lubbock
District Lubbock
ROW CSJ # 0880-04-034
CCSJ # 0880-04-032
Federal Project #:N/A
CFDA Title: Highway Planning & Construction
CFDA # 20.205
Federal Highway Administration
Not Research and Development
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.
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.
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
Agreement to Contribute -Fixed Price Page 5 of 10 Revised 04/13/2016
County Lubbock
District Lubbock
ROW CSJ # 0880-04-034
CCSJ # 0880-04-032
Federal Project #:N/A
CFDA Title : Highway Planning & Construction
CFDA # 20.205
Federal Highway Administration
Not Research and Development
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. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR § 18.36
and with the property management standard established in Title 49 CFR §18.32 .
16. 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).
17. Applicability of Federal Provisions
Articles 18 through 23 only apply if Federal funding is used in the acquisition of right of way
or the adjustment of utilities.
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.
Agreement to Contribute -Fixed Price Page 6 of 10 Revised 04/13/2016
County Lubbock
District Lubbock
ROW CSJ # 0880-04-034
CCSJ # 0880-04-032
Federal Project #:N /A
CFDA Title: Highway Planning & Construction
CFDA # 20.205
Federal Highway Administration
Not Research and Development
C. The Local Government 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
http ://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 carry 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
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 et
seq.).
F. Each contract the Local Government 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 Government 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
Agreement to Contribute -Fixed Price Page7of10 Revised 04/13/2016
County Lubbock
District Lubbock
ROW CSJ # 0880-04-034
CCSJ # 0880-04-032
Federal Project #:N/A
CFDA Title: Highway Planning & Construction
CFDA # 20 .205
Federal Highway Administration
Not Research and Development
contract to certify its eligibility to receive federal funds and, when requested by the State, to
furnish 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 an~ 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 Government shall complete and submit the
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 fails 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 (FFATA) and implementing regulations at 2 CFR
Part 170, including Appendix A. This agreement is subject to the following award
terms : http ://www.gpo.gov/fdsys/pkg /FR -2010-09-14/pdf/2010-22705.pdf and
http://www.gpo.gov/f dsys/pkg/FR-201 0-09 -14/pdf/201 0-22706. pdf .
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM) number
(Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than
$25 ,000 in Federal funding. The SAM number may be obtained by visiting the SAM
website whose address is: https://www.sam.gov/portal/public/SAM /
2. Obtain and provide to the State a Data Universal Numbering System (DUNS )
number, a unique nine-character number that allows Federal government to track the
Agreement to Contribute -Fixed Price Page 8 of 10 Revised 04/13/2016
County Lubbock
District Lubbock
ROW CSJ # 0880-04-034
CCSJ # 0880-04-032
Federal Project #:N /A
CFDA Title: Highway Planning & Construction
CFDA # 20.205
Federal Highway Administration
Not Research and Development
distribution of federal money. The DUNS may be requested free of charge for all
businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line
registration website http ://fed gov.dnb.com/webform ; and
3. Report the total compensation and names of its top five (5) executives to the State
if:
i. More than 80% of annual gross revenues are from the Federal government , and
those revenues are greater than $25,000,000 ; and
n. 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 $750,000 or more are met during the Local Government's
fiscal year, the Local Government 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://txdot.gov/inside-txdot/office/audit/contact.html
C. If expenditures are less than $750,000 during the Local Government's fiscal year, the
Local Government must submit a statement to TxDOT's Audit Office as follows: "We
did not meet the $750,000 expenditure threshold and therefore, are not required to
have a single audit performed for FY "
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.
Agreement to Contribute -Fixed Price Page 9 of 10 Revised 04/13/2016
County Lubbock
District Lubbock
ROW CSJ # 0880-04-034
CCSJ # 0880-04-032
Federal Project #:N/A
CFDA Title: Highway Planning & Construction
CFDA # 20.205
Federal Highway Administration
Not Research and Development
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL VERNMENT
March 9, 2017
Date
APPROVED AS TO CONTENT:
~~lpP~
Michael G. Keenum, P.E., City Engineer
Kelli Leisure, Assistant City Attorney
THE STATE o~s
~DN /
Gus E. Cannon, CTCM
Director, Right of Way Division
Texas Department of Transportation
Date
~ \o t \ ZOl-:r-
Agreement to Contribute -Fixed Price Page 10 of 10 Revised 04/13/2016
County Lubbock
District Lubbock
ROW CSJ # 0880-04-034
CCSJ # 0880-04-032
Federal Project #:N/A
CFDA Title: Highway Planning & Construction
CFDA # 20.205
Federal Highway Administration
Not Research and Development
ATTACHMENT A
RESOLUTION OR ORDINANCE
Agreement to Contribute ROW Funds Page 1 of 1 Attachment A
County Lubbock
District Lubbock
ROW CSJ # 0880-04-034
CCSJ # 0880-04-032
Federal Project #:N/A
CFDA Title: Highway Planning & Construction
CFDA # 20.205
Federal Highway Administration
Not Research and Development
ATTACHMENT B
LOCATION MAP SHOWING PROJECT
Agreement to Contribute ROW Funds Page 1 of 1 Attachment B
County Lubbock
District Lubbock
ROW CSJ # 0880-04-034
CCSJ # 0880-04-032
Federal Project #:NIA
CFDA Title: Highway Planning & Construction
CFDA # 20.205
Federal Highway Administration
Not Research and Development
ATTACHMENT C
PROJECT BUDGET ESTIMATE AND PAYMENT SCHEDULE
Agreement to Contribute ROW Funds Page 1 of 1 Attachment C
County Lubbock
District Lubbock
ROW CSJ # 0880-04-034
CCSJ # 0880-04-032
Federal Project# NIA
CDFA Title: Highway Planning &
Construction
FHW A CFDA # 20.205
Federal Highway Administration
Not Research and Development
Standard Agreement to Contribute
State Performs Work
Attachment C
Description Total State Local
Estimated Participation Participation
Cost Yo Cost Yo Cost
Right of Way $985,012 90% $886,51 OJ 10% $98,501 .t.
Acquisition
Reimbursable $386,250 90% $347,625 10% $38,625
Utility
Adiustments
Uoint Bid $0 0% $0 0% $0
Reimbursable
Utility
A djustments
$0 0% $0 0% $0
$0 0% $0 0% $0
$0 0% $0 0% $0
$0 0% $0 0% $0
$0 0% $0 0% $0
rT OTAL $1,371,262 90% $1,234, 136 10% $137,126, 0
Except as otherwise provided in the Agreement, the fixed amount of Local Government participation
will be that amount provided above .
R:\RCW\RCWROW\ROW _Staff_Only\LBB\RCSJ 0880-04-034 FM l 79\4_LG Agreements\City of
Lubbock\Attachment C.doc Rev. 09/30/2014