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HomeMy WebLinkAboutResolution - 2021-R0408 - Cost-sharing Agreement with Lubock County - Contract 16164 10.12.21Resolution No. 2021-R0408 Item No. 7.8 October 12, 2021 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, a Cost Sharing and Reimbursement Agreement for a full mill and relay asphalt maintenance project on University Avenue, by and between the City of Lubbock and Lubbock County, Texas, and related documents. 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 October 12, 2021 DANIEL M. POPE, MAYOR ATTEST: u4gAt4w - --- Retie ca Garza, City Sec tar VED AS TO CONTENT: WooOra n, P.E., Division Director of Public Works APPROVED AS TO FORM: ya roo e, ssistant City Attorney ccdocs/RES.Cost Sharing and Reimbursement Agreement -University -COL & County 9.22.21 Resolution No. 2021-R0408 COST SHARING AND REIMBURSEMENT AGREEMENT THIS AGREEMENT is entered into the 12th day of October , 20 21 by and between the City of Lubbock, Texas, a Texas Home Rule Municipality ("City"), and Lubbock County ("County"), herein referred to separately as "Party" and collectively as "Parties." RECITALS WHEREAS, in light of substantial pavement deterioration along University Avenue from Marsha Sharp Freeway (US 62/82) to Clovis Highway (US 84) the City and County recognize the need for a full mill and relay asphalt maintenance project ("Project"); and WHEREAS, the entirety of University Avenue from Marsha Sharp Freeway (US 62/82) to Clovis Highway (US 84) is within Lubbock County and within the city limits of the City of Lubbock; and WHEREAS, the City and County find that it is in the best interest of the public health, safety, and welfare of the citizens of both the City and County to construct the Project; and WHEREAS, Texas Government Code section 791.028(b) permits a local government to contract with another local government to pay jointly all or part of the costs of a highway project; and WHEREAS, the Parties hereto agree that in order to expedite construction associated with the Project, and to fully fund and equitably share among the primary beneficiaries in the expense associated therewith, that the County shall contribute, through partial reimbursement, toward the costs for work to be completed pursuant to the Project as set forth herein. TERMS NOW, THEREFORE, in consideration of the promises and mutual agreements hereinafter set forth, the Parties hereby do mutually agree as follows: 1.0 Parties Obligations 1.1 City. City shall fund the Project as set forth herein, and with due care oversee the work done pursuant to the Project to completion, unless written consent is otherwise provided by all Parties hereto. 1.2 County. County shall reimburse City for a portion, as defined in Section 1.3, of the costs incurred by the City for the Project in an amount not to exceed ONE MILLION DOLLARS and 00/100 DOLLARS ($1,000,000.00). 1.3 Portion. The City and County will pay for the total project cost. The County's portion of the project will be limited to a maximum of ONE MILLION DOLLARS and 00/100 ($1,000,000.00). Any project costs exceeding TWO MILLION DOLLARS and 00/100 ($2,000,000.00) for the entire project cost will be paid by the City. Cost Sharing and Reimbursement Agreement — COL & County Page i of 4 2.0 Reimbursements 2.1 County. Upon selection of a qualified contractor for construction services via a City -issued request for proposals, County shall pay the City the amount set forth in Section 1.2 and 1.3 above as valued by the Contractor's bid selected by the City within thirty (30) business days from bid opening, and prior to the approval of the bid award by the City's governing body. 3.0 Excess Material Excess material remaining from the removal of existing pavement in relation to the Project, including but not limited to pavement millings, shall become the property of the City. 4.0 Breach The failure of either Party to comply with their obligations, including but not limited to promptly reimbursing City the agreed amounts set forth in Section 2.0, shall constitute a breach of this Agreement. 5.0 Waiver The waiver of any requirement hereunder by any Party hereto shall not be effective unless properly authorized and in writing. 6.0 Term; Termination This Agreement shall automatically terminate after final reimbursement by all parties to the City, or the City's termination of its Contract with Contractor, whichever should occur first. This Agreement is not subject to early termination by any Party. 7.0 Texas Law to Apply This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the Parties created hereunder are performable in Lubbock County, Texas. 8.0 Notice All notices, whether for reimbursement or otherwise, shall be in writing and may be hand delivered, or sent by registered or certified mail, postage prepaid, return receipt requested to the following addresses: City of Lubbock Attn: Wood Franklin P.E. Division Director of Public Works 1317 Avenue K Lubbock, Texas 79401 County of Lubbock Attn: Jennifer Davidson P.E. Director of Public Works 916 Main Street, Suite 1220 Lubbock, Texas 79401 Cost Sharing and Reimbursement Agreement— COL & County Page 2 of 4 9.0 Legal Construction If any one or more of the provisions contained in this agreement shall for any reason be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 10.0 Non -Arbitration The parties reserve the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the parties shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, the former shall control. 11.0 Entire Agreement This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the Parties with respect to said matter. Each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any Party or anyone acting on behalf of any Party which are not embodied herein and that no other agreements, statement, or promise not contained in this Agreement shall be valid or binding. No modification concerning this instrument shall be of any force or effect, excepting a subsequent amendment in writing signed by the Parties. No official, representative, agent or employee of either entity, has any authority to modify this Agreement except pursuant to express authority to do so granted by the governing body. 12.0 Parties Bound/Authority This Agreement shall be binding upon and inure to the benefit of the Parties to it and their respective legal representatives, successors and assigns where permitted by this Agreement. The undersigned represent and warrant their authority to execute this Agreement, and to bind the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. City of L ock: DANIEL M. POPE, Mayor Lubbock County: n .IV U;44r� URTIS PARRISH, County Judge 4-Z1-wzl Cost Sharing and Reimbursement Agreement — COL & County Page 3 of 4 Attest: Rebe ca Garza, City Sec eta Approve as to Content: Wood Fra lin .E., Director of Public Works • <0---c -'-` Turpin, P.E., of Public Works Approve as to Form: " el� 4 Ry n 13; e, As sta City Attorney 'I ' C- A '# , , d,4 Jen fer Davi Von, P.E., Director of Public Works 0 Jennifer SLWk, Assistant District Attorney Lubbock County District Attorney's Office Cost Sharing and Reimbursement Agreement — COL & County Page 4 of 4