HomeMy WebLinkAboutContract 18822 Va.
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THE STATE 01 Ti, A£ 5 VILLAGE CREEK r?`E A TEg'?
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THIS AGREEMENT is entered into on this the 23,-d day y ;r_
1991 , l;y an d between the CITY OF ,RLI'vGTON,
T _x:R t.' _. COUNTY, TEXAS, a municipal i,ipal °,"°. o at;ion, (hereafter
referred tc as "ARLINGTON") , and the CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS , a 21'c-t1.?1 ic1pi1l corporation, (hereafter
referred referred to as "FORT WORTH") . Both ARLINGTON and FORT WORTH
execute this T nterlocal Agreement pursuant to the Tnterlocal
Cooperation Act, `!'ex. Rev. Ci',i. Stat. , Article 4413 (32c) .
W ? T ,v S S E T H
WHEREAS, in accordance with Article 4413 (32c) , Tex. Rev.
CIS/ n St at. , governmental entities may enter intio
rnterlocal cooperation agreements for governmental
functions and services, and
11ER_kS , the parties to this nterloca.l Agreement wish `o
cooperate in the construction of a Village Creek
Wastewater Treatment Plant Access Road, w .i,{.b would
benefit both parties; %1'00,kl THEREFORE,
v. , consideration of the pievises and the agreements,
,uyk
covenants t s c. `d promises herein set Voth, it is ,,- eE a
Ia
DEFINITIONS
Ths following terms m.`° shall have trie following meanings I
e used, in this 1 R
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A , "ACCESS tn'� �� `"' .. `�`. ., c ` ,.. L ( r .`�. �F
!.. ccastructed to serve the Village Creek =tom _ e _> „-.a r Y,
Yle
r dam.:r g' n .S_ _ n %.nt
I� P 4 S[.`!a , r^ ” -- the ._r Lit.0.., Department E,,.. Highways f„+ Public �.
Transportation of the 7`. e E,.x of Texas,
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"CCNT!__TOR" � eans the company or other authorized
entity who shall ; _ dorm the work are selected by SDHPT
for the co s'`.+'L:.•.. tio n of the ACCESS ROAD.,
`. "BID" mnans the priced proposal describing ing In full the
1
ons t :ct -o and cost of the ACCESS ROAD.
R "CITIES" or "PARTIES" 'means the Cities of Arlington and ;
Fort Worth, Teyas.
ai .
PURPOSE
The purpoose of this Agreement is to provide for the
E
construction ction cif an ACCESS ROAD to the pillage Creek Was. owa-
ter Treatment. Plant i FORT WORTH.
TERMS . RIGHTS, OMECTIVES , DUTIES - -
AND RESPONSIBILIT ES 07 TEE PARTIES
The following hall -apply to the -CITIES in performance
of this Agreement.
., Within 180 calendar days after the completion " of . the .
construction cat Northwest Green Oaks Boulevard in the
-
_ icini y of the village CTeek Wastewater Treatment
Plan_snit, ARLINGTON, at its sole cost and expense, Will
construct the ACCESS ROAD aligned as necessary, taking
into consideration the construction of Northwest Creep
Bake Boulevard in the Sri cinity of ,the Village Creek
Wastewater_ Treatment Plan t> FORT WORTH and ARLINGTON
will take- action to close Wi_1_ma. " Vane after the ACCESS "
ROAD is constructed y ARLINGT'OM
B, The ACCESS ROAD will be:
_ , Constructed by S HPT in accordance with the BID an
coordinated pith the design and cc ns ruct.i on of
r4reen Oaks Boulevard.
2 Designed and constructed in accordance with SDEPT
and the PARTIES ' pec f ,_a ens , unless otherwise »Y�k
stated in this Agreement.
C . ARLINGTON shall manage , to the correspondence maximum
practica-
ble, all affairs and between w h e S n?".`T
and rITIES regarding ACCESS ROAD. All carrespon-
denc
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D ARLINGTON will , .,..... i+,: : 4.:➢wn t"*•'•st and expense , acquire
necessary ACCESS ROAD right-of-way 4}4:.'£ ='°z FORT W RF,', H's
assistance,r 3_f necessary . ARLINGTON tai__llr at its 5cle
cost and expense, provide for the design, r ght-cf-'way
acquisition and construction of the ACCESS ROAD.
i
E. N,a("h city will diligently endeavo to obtain necessary-
ACCESS ROAD right-of-way as a condition of platting .ng by
dedication, by purchase, or by ccondle inatio 2 ,.
M
F , ARLINGTON shall provide a median op%'eTa1.s"Ig and left-turr,
lane (250 storage/transition length) on Green Oaks
Boulevard to alien with the ACCESS ROAD. All con-
struction and design costs will, be at ARL,cINGTO ' s
expense,
G, `1°`he CITIES agree that the top of curb on the ACCESS ROAD
will be designee at or above the 100-year eater surface
H. ARLTNG` OII will d re ! its engineering consultant to
provide }° curb radii of no less than fifty feet (,50 '
for the r-;CUSS RC AD connection to Green Oaks Boulevard
unless directed by SDHPT.
I , t'kR:,IN{3 ON will direct its engineering, consultant to
design a thirty-one foot 121 ' ) bac --to -back street
section for the LCCESS ROAD.
13 During the design and preparation of the construction
phasing plan by A.'L NC`a°i t`1N' s, engineering, consultant,
.IiNLiCrN will endeavor to provide access to the treat-
ment plant along WiT.it'ta Lane , The PARTIES acknowinage
that the construction phasinq plan is sub4ect to SDHPT
ap'w3rovu.a° If access c,.s.oYlg Wilma ?aaS1e ty'ail'?e)t be main-
tained, ARLINGTON will provide written notice to SORT
K. ARLINGTON ri"'s .1 notify FORT WORTH when the 's`1.a:al plans
n sent to S_mHPT for the purpose of bidding the ACCESS
)A E
L . FORT >, R TH will promptly r e _ a= and reconstruct, at its
treatment jolant ;n0ur to -,-::(D,,nstruct ion of the ACCESS
ROAV
M . ARLINGTM shall pro-ide ACCESS ROAD plans to FORT WORTH
fof review. ARLINGTON shall not pro,,-_-ess, tllhe
BID package foi the ACCESS ROAD including plans to SBM'
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n_ ._,,.. r-n apprcoral toy FORT
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� to re`-..i E'w and provide cow 4e<;.a-. , if any, within thirty,
(30) days of receipt.
to
FORT WbRTH agrees 1 execute a channel/construction
r'r1sE',mesit (Exhibit A) on Tributary I along the soutth side
cf the treatment planit for urposec of providing sa
(lower-
ing) of Wilma Lane to allow t- e 3.It2provE'IIlent of the
drainage nage s`along Tributary 1 . ARLINGTON agrees that the
existing orb'_°°2 side of the channel will be left in as
natural state.
0. FORT WORTH and ARLINGTON agree to tape whatever action
is required to facilitate itate the purchase and/ear condemna-
tion n of the Global Financial Services, Inc. property in
accordance with Exhibit B. ARLINGTON will fund a
reasonable purchase or reasonable ale CCJC3dE'.mncii ion cost for
his property. Nothing herein will be construed so as
to require FORT WORTH to expend funds for the acquisi-
tion of said properly.
P. FORT W?RTH and ARLINGTON agree to take whatever action
is necessary to adjust cite limit l _n,es . Generally, the
city limit line will be relocated to the west side of
the proposed channelization, of Village: Creek
Exhibit
" , (including
b�rrow/mitt g Ction areas) in accordance with
.,
Both cities agree to Begin initiation of h is pro:
within forty-five ( ) Nays of' execution ion o this
Agree-
ment. ARLINGTON will provide a metes and bounds de-
scription
city limit line adjustments.
Y cJ-po31 ."oS`IlpletlC.,)Ti- of the ACCESS ROAD, FORT TKORTH <?-.l.' ". Cau;a.
claim to ARLINGTON that portion of Wilma Lane from
Randol Mill Road to the Village Creek Treatment Plant
with the reservation of a fifty ( 0) foot rx_.4 e sanitary
sewer utility easement. ARLINGT ) will pa the actu -11
cost for any surveying associated with retaining the
utility easement, if surveys are necessary.
Fn FORT WORTH agreen to take action to grant permission to
TU Electric Company personnel to use the,, ex,-isti-irig tiniir0y,
foot 4�ify ..} utility
Oaks
. along
f_ r_ _i . o� .e �a t (containing FORT aOEiH' y UK-
ty- six inch (36" ) water
line)
access and _.r g_ .-sd 1i ._» st" a a TU Ei,_mactrics
cwerhead transmission lines and towers . No excavation
will he allowed that Yesults in a reduction of ground
cDver over the existing facilities .
N i
G
arty R
S . ARLINGTON?Lt w 's l not charge street use fees fates- . the FORT
4g1OR`.£H sanitary sewer utility easement mentioned ta_b v
and hereby waives any right t1jeretot if ajjy,,
T� ARLINGTON, at its own cost and expense, sha.x design and
COns t ruct (including reason Lble prat Inct ion) all . relo-
cations of FORT tit_RTH water aM sanitary sewer mains
whon such relocations are required for tie construction
of Green Oaks Boulevard.
IV.
NO VERBAL AGPEEMENT
T"C'aS.s Agreement C'C:7i2ta7..115 all the terms, commitments and
covenants of the CITIES pursuant to this PagY_'eFi1i1ent. 1?S`iy
verbal or written commitment not contained in this Agreement
or expressly ,referred to , n ..this Agreement and .incorporated
by reference shill have no force or effect.
V
AGREEMENT INTERPRETATION AND VENUE
The C I TE S covenant and agree that in any litigation
relating g t c this Agreement, the term; and conditions of the
greement will he interpreted accordinq to the laws of the
State of Texas, and venue shall be proper oxclusively in
Tarrant County, `texas .
V1.
CAPTION
The captionz to the various clauses of this Agreement
are for informational purposes oily and in no way alter she
substance of the terms and conditions of this Agreement.
vii .
TERMINATION
A party to this Agreement may withdraw oniy after
providing not less than n;net (90) days written
withdrawal tc the other party; pro:?i dam..'d , however, that any "design cost, redesign cnst, right-cf-way
and all cost and/or construction� costs mu Et be, p=,!td by the
party. This Agreement may be at. s 'rimc 'by
. wyamal c _h s etf the, PARTIES .
1 vi"il ,
-eed that in t1m,
it in; expressly underRvood and agi
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1 shall be deemed hereby to waive any Amunity defense th a,
would otherwise be a'=ai able to it against claims arising in
the exercise of governmental powers ar?,G'° functions,
S VERAB T
za�s . Y
If any of the terms, sections , sub9actions, sentences,
clauses , t hrases r provisions, Coa.Te?'3ant's or conditions of this
rnterMcal Agreement are for any r asDn held to be invalid,
void.�_ or .�.n e`7�fug�.C w+..b l , the W n f?,'- the terms, n
cubs actions, sentences, clauses, phrases, provisions cove-
nants or conditions in this Ilx c'..ei'lC?cal Agreement shall remain
?_r full farce and .ef,fect. and shall in no war e affected,
,�rwtp,tired or invalidated. _.
X.
COMPLIANCE
It is agreed by the PARTIES that both have an interest
a
in the proper performance of this Interiocal Agreement, and
that both CITIES may bring suit against either C ity for
failure to comply with the terms hereof,
EXECUTED on the date firs: written above.
CITY OF FORT WORTH, TEXAS
BY
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_. �e.Ors`TAR , City Secretary
APPROVED AS TO FOP2M:
WADE ATKINS , City Attorney
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WILLIAM F.
City, s 'fanager
AI T ST. S
j City
APPROVED AS TO FORIM:
JAY DOEGEY, City Attorney
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TH-E' STATE 0,F TEXAS
Fort Worth A-knowlqqament
BEFORE ME, the undersigned authority, a Notary Public in
a S-. _ as s day
g 's.`' .�.� T7 � �,.t'.a�`ty C�� Texas,� ��,;?3i .5t..�i�.. ��, personally 3�7�,��'�. ".. a
J
r known ' L-.. F.l ' the person z rt f"_'" l+.� whose
p n a i t�'.�.v o_.},...
;lc:iie is subM'"-X.'....b°ed to the .i_4:;regcrir,:g instrument, and acknow-
Qdged to me tha`+_. he eAe :tted game for and d as the ct of ts`?.£ u
City of Fort Worth, Texas , a texas municipal corporation,n, i.=n(
as Lhe City Manager thereof, and for the purposes and consid- h
eration therein expressed and in the capacity therein stated.
GIVEN UNDER ;_��' HAND END S���.L OF OFFICE on "i:his the `"_9 4'..�"`�
day (if :.. _ 1991 .
6 l qa` ,y{. If
lic in and For
Not"ary Pub or
rc,4;; �x.
M,Con
Notary' s Printed Name
S9PATE OF TEXAS
'x
and for he State of Texas, on this day personally T> appeared
WILLIAM F. STi DER, jR... , known to :fie to lbe the person an
officer _ name is subscribed to the foregoing instrument,
._'tt c k1 ow l_d gFd to my that he t_xe4"°lsted same for and as the
`4t. t- the City of Arlin4ton , Texas, a Texas municipal P
corporation,n, r.:nd as the Deputy ,. Manager thereof, nd "t'tu3'�
purposes the and o � #drt<si;:iois therein e pr 's` vd and in tk"`z''
caup,a',c-ity the-rein stated.
GIVEN UNDER VJ�
MY �AND AND L h
1991 ,
1 i in and
s7A ELI For
The Siate of Texas
MY
My Comm,
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3
CHANNEL EASEMENT PARCEL 42
GREEN OAKS BLVD.
VILLAGE ON THE CREEK JOINT VENTURE
BEING a 0.839 acre tract of lard out of the Joel L . Hallum Survey;, Abstract
EDa 723, Tarrant County, Texas and being a part of %i"EY`eFr t•"`aUs of land'
a
conveyed to Village on the Creek joint Rnture as recorded in Volume 8069, �
Page 1418, Deed Records, Tarrant County, Texas, and being more particularly
described as fcl lows:
COMMENCING at a point in the north line of said Village on tie Creek tracts,
Old poik being the southwest corner of a 182.9 acre tract of land conveyers
to the City of For;, Worth as recorded in Volume 388-213, Pages 49 and 60, Plat
socords, T£ a "{brit County, Texas;
THENCE So.ith 39 042'47" East, along said common line, a distance of 72,91 feet Y
to a point for corner;
THENCE South MUM" East, a distance of 200X1 feet to a point for corner, �
Aid—point being the POINT OF BEGINNING;
THENCE South 89057`12" East, continuing along said common line a distance of
714. 10 feet to a point for corner;
THENCE South 73 025'32" West, leaving said common line, a distance of 213.09
feel to a point for corner;
THENCE North 89°52`31 West, a distance of 500.35 feet to a point for corner; �
_ c
T HENCE North 00'27'35" East, a distance of 60.27 feet to the POINT OF
BEGINNING, and CONTATNING 36,536,27 square feet or € .839 acres of land, mo—r'e or
J qq y
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EXHIBIT A
i GREEN OAKS BOULEVARD
CHANNEL EASEMENT
oUl OF THE
I
IOEL L. HA>_EU:'NI SURVEY,
I ABSTRACT P1C7. +'23
w N� TARRANT C{O NvTY ,TEX,1
36,536.27 SQL E1 OR G.839 AC.
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PARCEL 44
TRACT 'B'
BEING a parcel of land out of the M.G. Elkins Survey, Abstract Nu. 502 and
the J. Smith Survey, Abstract No. 1446, Tarrant County, Texas and also
being out of a tract of land owned by Global Financial Services, as
recorded in Volume 9047, Page 829, Deed Records, Tarrant 0ounty, Texas,
said parcel of land being described more particularly by metes and bounds
as follows:
BEGINNING at the most easterly southeast corner of said Global tract, said
point a o being the northeast corner of a 55.12 acre tract described in
Volume 5143, Page 575, D.R.T.C.T. ;
THENCE South 89°50'37" Nest, along the south line of said Global tract and �
the north line of said 55.12 acre tract, 300.00 feet to a point;
THENCE North 00"26'53" East, leaving said line, 1,145.29 feet to a paint;
HENCE North 24042'48" East, 547.88 feet to <a paint;
THENCE North 00 02 7'35" East, 1.,100.60 feet tc a point located in the north
i i Y 1f said Global tract and the swath line of the City of Fort Worth
Village Creek. Sewage Treatment Plant Tract;
THENCE South 89°32'25" East, along the north line of said Global tract and
the south line of said City of Fort north tract, 75.00 feet to a point being
the northeast corner of said Global tract;
THENCE South 00 02705" West, along the east line of said Global tract and
tie- cast line of said Elkins Survey, 2,632. 14 meet to a point being the
intersection point of the southeast corner of said Elkins Survey and the
northeast corner of said Smith Survey;
THENCE South 00 022'36" West, continuing along said lines, 110.05 feet to
taA TINT OF BEGINNING and CONTAINING 519,2'64 square feet or 11:921 acres
of land more or„ less.
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City of Fort wo- raq Texas
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AT /24' 1 **C-13067 60ARL1 i
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A ARLINGTON B
S,;WJ rCT I TE LOCAL AGREEMENT WITH THE CITY OF �D CON CONSTRUCT THE VILLAGE X
REEK WASTEWATER TREATMENT PLANT ACCESS ROAD AND CITY t1MIT ADJUSTMENT 11-4
SIT dITF GREEN OAKS BOULEVARD
_�-
PEC�I�'� EDA i IPd a
It is recommended that the City Council authorize the City Manager to execute the
attached interlocal agreement with the City oak Arlington for the construction of the
Village Creek Wastewater Treatment Plant access road and city limit adjustment in
association with the construction of Green Oaks Boulevard.
DISCUSSION 1
In December 198- the City of Arlington proposed to construct he segment of Green Oaks I
Boulevard which passes in front of the Village Creek Wastewater Treatment Plan. and
will replace the existing Wilma tane, '.which is the plant access road. Three options j
were proposed by Arlington to maintain ,access to the plant and the Water Department
selected the option which would provide 100 year flood access. This option was more
expensive than the other options due to additional fill and length. An interlocal
agreement was initiated to provide for the cost sharing. During the negotiations, Fort
Worth agree; to quit claim the existing 'Wilma Lane right-of-way if Arlington would pay
the total cost of the access roads Arlington has agreed to do this. This interlocal
agreement also provides for relocation of an existing water Main as well as adjustment
to the city limits which currently run along Village Creek.
FISCAL INFORMATION/CERTIFICATION:
There is no host to Fort Worth associated with this interlocal agreement other than �
reconstruction of the entry to the Village Creek Wastewater Treatment Plaot.
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Moe Sroomer
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INTER-OFFICE (DRRESPONDENCE
MR. RICHARD SAWEY, 13ATE OCTOBER 11, 1991
CATER DEPARTMENT
�
OFFICE OF THE CT'x f SECRETARY
!NTERLOCAL AGREEMENT" 'WICTH THE CITY OF ARLINGTON TO CONSTRUCT THE
VILLAGE CREEK WASTEWATER TREATMENT PLANT ACCESS ROAD AND CITY LIMIT
ADJUSTMENT IN ASSOCIATION WITH GREEN 'OAKS BOULEVARD
Attached are the contracts with the above referenced contractor
for the above referenced project.
All signatures, except those of the above contracting party, have
been affixed.
Please obtain the necessary signature(s) and return all of the
copies to the Office of the City Secretary, for the assignment
of a contract number.
Thank ,you,
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RESOLUTION NO. 91-430 �
A RESOLUTION AUTHORIZING THE EXECUTION OF
AN 114TERLOCAL CONTRACT WITH THE CITY OF
FORT WORTH RELATIVE TO THE CONSTRUCTION
ul q;
Off;, A NE' ACCESS ROAD TO SERVE VlLLAG;1
CREEK WASTEWATER TREATMENT PLANT
E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLIUC'ZON,
TEXAS:
d�
That the City Manager or his designee is hereby author-
ized to execute the Village Creek Wastewater Treatment Plant �
Access Road Interloca:l. Contract by and between the City of
Arlington and the City of Fort Worth relative to the design
and construction of a new access road to serve Village Care
Wastewater Treatment Plant in conjunction with the
construction of Craen Oaks Boulevard from 1H°:3Q 1:0 piolcjen
Roach, Funding for the City's share of this project, in the
estirated amount of $100, 0001 001 i available in Utilities
Account No. 067-03 7-2918-4108 .
llm
substantial copy of said agreement is attached hereto
and incorporated herein for all intents and purposes.
PRESENTED E AND PASSED on this the 23rd day of ju{.y
1991 , by a vote of _9 ayes and I rays at a regular
meeting of the City Council of the CIt of Arlington, Texas,
{
AFrr
APPROVED AS TO FORM:
JAY DOEGEY, City Attorney
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1 FF-1 AP PAYMENT TO YOUNG BROTHERS, Y� C. , FOR SLURRY SEAL ( 0-1) AT VARIOUS
AT i ONS s
f WOMMENDATIOil
It is recommended that the City Council ;
L. Accept, as complete, Slurry Seal (90-I) Various Locations, and �
I
2, Authorize final payment of $3,458.07 to Young Brothers, Inc. �
DISCUSSION:
Street Maintenance Program contract Slurry Seal (DC-l ) included the following street �
segments:
Andersen (Walker to Dillard) '
Avenue C (Binkley to Ayers)
Avenue H (South Peach to Ayers)
Avenue H (Edgewood Terrace to Lindsey)
Avenue I (Bishop to Ayers)
Avenue K (McKenzie to Vaughn)
Avenue K (Collard to Wallace)
Avenue L (Vaughn to Wallace)
Beverly Hills (Jacksboro Hwy. to Flagstone)
Bishop Street (MCK Freeway to Rosedale)
Blue Ridge (Wilson to Dead End)
( Wilson),
Dal 21�'GC�C� �'
,t7
Bradon Lane (Brentwood Stair to Ederville'
Capri (Flagstone to Jacksboro Hwy.)
Cliffyi ew (Tierney to Jenson)
' Crenshaw (Vaughn to Miller)
sDovvnyuck (Brentwood to Cary)
Downeck Court ( owneck to Cul-De_ ac) ?
Y
Flagstone (McCandless to Capri)
Franwood Terrace (Handley to Barron Lane)
i
f
G11, de (Beverly gig. `s to Capri)
Green Acres S.ia..€,..)fd HH-71, 11 to Sandy .CZfI ,"€ �
Greendak Court f0entwood Stair to Dead End)
d an i ' (Bren wr cd Stair to C i .° _ . `wc)
Joseph Lane (Warren to Muse)
l y 11 € (Watson �
Kemb1e, Court K sT b le to C" t-e S°ics
f�a
�'f�!� " * (Terrace Traito Capri)
f
R,/� cilimlowlane 4 d _
J _............................."_�.v "..:°..........,...,. ....w....,....;..-.,,. ,._..._..,.,r_....,.».�.,,...s....,«,.....+..:,..maw.... �,...�__w...._._.,....a_.__.,_..-�.
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SUBJECT FINAL PAYMENT YOUNG BROTHERS, 1 KQ OW SLURRY uSEAL (90-1) AT VARIOUS
! wCAT I O S�
Mi am (Ellis to ' aQ
Mims (Gary to Ederville)
Monterrey (Handley to Nottingham,) �
Muse (Yolanda to Ederville)
Nottingham (Ellis to Yolanda)
} Pamela Lane (Yolanda to Muse)
Parh7m (Wilson to Dead End)
Pyron (Wilson to Jenson,1
Richardson (Waldorf to E. Loop 820)
Shadow Hill (Brentwood Stair to Green Acres)
Shel loran (Ellis to Gary)
Ter ert ( rr>ntwood Stain to Ederville)
Tenney North (Tie, qey- to Cul fie-Sac)
Tierney Road (Barnett to C1 i ffview)
Tierney South (Tierney to Cu -De-Sac)
Vanessa (Meadowlane Terrace to Sandy Lane)
Vaughn Boulevard (M& Freeway to Rosedale) :
Warren (Yolarda to Ederville) �
Watson Court (Watson to Cul-De-Sac) I
Watson Road crest (Watson Court to ul-De-Sac) �
Willie (Amanda to Vincennes) �
Wilson (Jenson to Brentwood Stair) ;
Yolanda (Handley to Milayn)
City Secretary Contract No. 18222 was awarded on November 20, 1990. Tile Final contract
price fused on unit prices is $172,903,60. The final payment due is 53,458.07.
The project has been completed in accordance with contract plans, specifications and
The Dirpctor of sca Services certifies that funds required for t - final payment
e ava gable in the retain age c:c.poiunt of the Contract Street Maintenance a u d
k
ANOUN
Nro
by:
Tke Groomer 6-40
c a
s
w_ ter ` 780,11
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