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<br />I <br /> <br />I <br /> <br />I <br /> <br />100. <br /> <br />Interlocal Agreement <br />City of San Marcos and Texas State University-San Marcos <br />Sessom Drive/Loop 82 Intersection Project <br /> <br />The City of San Marcos ("City") and Texas State University-San Marcos ("Texas <br />State"), enter into this Interlocal Agreement under the authority of the Interlocal Cooperation <br />Act, <;:hapter 791 of the Texas Government Code, as amended. <br /> <br />Section 1. Purpose of Agreement <br /> <br />The purpose of this Agreement is to allow for Texas State's participation in the City's <br />Sessom Drive/Loop 82 Intersection Project (the "Project"), for which the City has awarded a <br />construction contract to Texas Sterling Construction, L.P. (the "Contractor"). <br /> <br />Section 2. Scope of Services <br /> <br />a) The City agrees to incorporate into the Project the following work requested by <br />Texas State: Engineering and construction services for redesign and relocation of a proposed <br />retaining wall further back from the west side of the Sessom Drive/Loop 82 intersection to create <br />landscape strips and a brick ledge for a future brick favade (the "Texas State Work"). The City's <br />engineer for the Project has coordinated with Texas State personnel the preparation of the plans <br />and specifications for the Texas State Work. <br /> <br />b) Texas S tate agrees to pay to the City the full cost of the engineering and <br />construction services associated with the Texas State Work, within 30 days of receipt of one or <br />more itemized statements of the cost. The estimated cost for these services is $28,455.00; <br />however, Texas State understands that this is an estimate, and that the actual cost may vary from <br />this amount, and Texas State agrees to pay to the City the actual cost for the engineering and <br />construction services. However, if the City foresees that the actual cost for the Texas State Work <br />will exceed the estimated cost by more than 5%, the City will notifY Texas State of the actual <br />cost and will negotiate in good faith with Texas State and the Contractor to reduce the actual cost <br />to no more than 5% more than the estimated cost. <br /> <br />c) Texas State may request a cost estimate from the City for engineering and/or <br />construction services to be added to the Texas State Work. If Texas State provides written <br />approval of the cost estimate to the City, the City will provide the additional services, and Texas <br />State agrees to pay the actual cost for the services. However, if the City foresees that the actual <br />cost for the additional services will exceed the approved estimated cost by more than 5%, the <br />City will notifY Texas State of the actual cost and will negotiate in good faith with Texas State <br />and the Contractor to reduce the actual cost to no more than 5% more than the estimated cost. <br /> <br />d) Texas State grants a license and permission for the City and its agents, engineers, <br />contractors and employees to enter the property of Texas State as needed to accomplish the <br />purposes of this agreement. <br />