HomeMy WebLinkAboutResolution - 2022-R0039 - Cost Sharing and Payment Agreement 16181 with Ford Development CorpResolution No. 2022-RO039
Item No. 7.14
January 25, 2022
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 fo
and on behalf of the City of Lubbock, Cost Sharing and Payment Agreement No. 16181 for thi
paving of Ash Avenue between South Loop 289 and 66th Street, by and between the City o
Lubbock and Ford Development Corporation, and related documents. Said Contract is attachei
hereto and incorporated in this resolution as if fully set forth herein and shall be included in thi
minutes of the City Council.
Passed by the City Council on
January 25, 2022
L'
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secr a
APPROVED AS TO CONTENT:
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
Leisure, Assistant City Attorney
ccdocs/RES.Cost Sharing Agreement Ash Ave
1.18.22
Resolution No. EUB 2022-R0002
RESOLUTION
WHEREAS, Lubbock Power & Light is the municipally owned utility of the
City of Lubbock ("LP&L");
WHEREAS, pursuant to the City of Lubbock Code of Ordinances, Title I,
Chapter 2, Article 2.03, Section 2.03.415, the Electric Utility Board is charged with
the authority to "govern, manage, administer and operate the city's electric utility";
WHEREAS, the Cost Sharing and Payment Agreement, Contract 16181,
attached to this Resolution ("Contract"), proposes an expenditure of LP&L funds in
the amount of one hundred thirty-four thousand one hundred nineteen and 00/100
($134,119.00);
WHEREAS, the expenditure of the funds as provided in the Contract satisfies
all outstanding issues regarding the City's Planning and Zoning file FPLT-014834-
2018, and the final plat for the Slaton Substation may be recorded; NOW
THEREFORE,
BE IT RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF
LUBBOCK:
THAT the Electric Utility Board hereby recommends to the City Council of
the City of Lubbock approval of that certain Cost Sharing and Payment Agreement,
Contract 16181, attached to this Resolution as it relates only to funds expended by
the City of Lubbock's municipally owned utility, Lubbock Power & Light.
Passed by the Electric Utility Board this 18th day of January, 2022.
Dan Odom, Chairman
ATTEST:
G n Stafford, Board AlVietary
APPROVED AS TO CONTENT:
6kl�t7gC
David McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
t
y S rt LP& enera ounse
Resolution No. 2022-R0039
COST SHARING AND PAYMENT AGREEMENT
THIS AGREEMENT, Contract No. 16181, is entered into this 25th day of
January 2022 by and between the City of Lubbock, Texas, a Texas Home Rule
Municipality ("City"), and Ford Development Corporation ("Ford"), collectively ("Parties").
RECITALS
WHEREAS, the Mayor of the City of Lubbock formed a Future Needs Committee (the
"Committee") and appointed certain members of the City of Lubbock City Council (the
"Council") to it for the purposes of identifying anticipated infrastructure needs of the City of
Lubbock and its residents; and
WHEREAS, on April 13, 2021, the Committee presented its findings to the Council
regarding, among other things, a recommendation to secure funding for an Unpaved Roads
Program project and the Council accepted the recommendations of the Committee through
Resolution No. 2021-R0141; and
WHEREAS, on April 21, 2021, the Council passed Resolution No. 2021-RO162 for the
issuance of certificates of obligation to fund the acquisition, construction, renovation, and
improvement of capital projects including various road projects in part as recommended by the
Committee; and
WHEREAS, with its recommendation, the Committee included specific streets that
should be improved with the issuance of the certificates of obligation, of which included one-half
width of paving of the east half of Ash Avenue from the intersection of Ash Avenue and the
South Loop 289 frontage road to the intersection of Ash Avenue and US Highway 84 and the full
width of 66th Street from the mid -line of Ash Avenue to approximately 80 feet east of Ash
Avenue in Lubbock, Texas (the "Engineering Project'), as depicted in "Exhibit A" attached to
and incorporated herein; and
WHEREAS, subsequently the City, by and through its Engineering Department
("Engineering"), established Capital Improvement Projects ("C11"") No. 92712 via Budget
Ordinance 2021-00077 for the Engineering Project and has appropriated three hundred fifty-
eight thousand two hundred ten dollars and 00/100 ($358,210.00) for the Engineering Project;
and
WHEREAS, in fiutherance of a substation upgrade on Ash Avenue the ("Slaton
Substation", the City by and through its Electric Utility Department, LP&L (the "Utility"),
established a CIP No. 92484.9255.30000 via Budget Ordinance 2021-00126 for the paving of
one-half width of the west half of Ash Avenue from approximately 1,136 feet north of the north
face of the curb of South Loop 289 frontage road to the intersection of Ash Avenue and US
Highway 84 and the full width of 66th Street from the mid -line of Ash Avenue to approximately
80 feet west of Ash Avenue in Lubbock, Texas ("Utility Project"), as depicted in "Exhibit A",
Cat Sharing and Payment Agreement - COL and Ford ASH AVE Page i d
and has appropriated one hundred thirty-four thousand one hundred nineteen and 00/100
($134,119.00) for the Utility Project;
WHEREAS, the Utility's contribution for the paving of the above described portion of
Ash Avenue resolves all outstanding issues regarding the City's Planning and Zoning file FPLT-
014834-2018, and the final plat for the Slaton Substation may be recorded; and
WHEREAS, Ford owns, and is developing, land adjacent to the area of the Engineering
and Utility Projects and as part of the development Ford has need to pave the west half of Ash
Avenue from the intersection of Ash Avenue and the South Loop 289 frontage road north for
approximately 1,136 feet from the north face of the curb of the South Loop 289 frontage road
("Ford Project"), as depicted in "Exhibit A", for an estimated cost of one hundred forty-nine
thousand eight hundred twenty-six and 00/100 ($149,826), as set forth in "Exhibits B1-B4"
attached hereto and incorporated herein; and
WHEREAS, the details of the Parties' Projects are set forth in "Exhibits B2-134",
attached hereto and incorporated herein; and
WHEREAS, the Parties can realize a significant cost savings for the Projects detailed
herein by utilizing the same engineering firm and Contractor for the Engineering, Utility, and
Ford Projects on Ash Avenue between South Loop 289 and US Highway 84; and
WHEREAS, the Parties hereto agree that in order to expedite construction and avoid
duplicative costs, all Parties shall utilize one engineering firm and one Contractor jointly for the
completion of said projects; and
WHEREAS, Ford is aware, and agrees, that City funds for the Engineering and Utility
Projects in this cost -sharing agreement are limited to a maximum expense of four hundred
ninety-two thousand three hundred twenty-nine and 00/100 ($492,329.00), as set forth in
"Exhibit B I".
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 cause a notice for request for proposals to be issued for
construction of the Parties' Projects as described above.
1.2 Ford. Ford shall cause all engineering drawings to be completed that are
necessary for all the Parties' Projects herein and forward said drawings to the City upon
completion.
Cost Sharing and Payment Agreement — COL and Ford ASH AVE Page 2 of 7
1.3 The Parties shall jointly review the engineering drawings and contractor proposal
submissions, and the City shall make every reasonable attempt to negotiate a contract between
the City and the highest-ranking contractor that is qualified for the joint project and for the best
value. Upon review of the drawings and proposal submissions, if either Party deems the project
financially unfeasible, either the City or Ford may elect not to pursue the shared project and
reject all bids. Rejection of all bids will terminate this agreement in its totality.
1.4 Once construction begins, all change orders will require City approval. For
change orders on Ford's Project, Ford must submit a written recommendation to the City for
each change order, and the City will promptly consider said change order. Upon project
completion, Ford shall render payment to the City for each change order it recommends to, and is
approved by, the City.
2.0 Payments
2.1 City. City shall fund the Engineering and Utility Projects, at an amount not to
exceed four hundred ninety-two thousand three hundred twenty-nine and 00/100 ($492,329.00).
2.2 Ford. Upon selection of a qualified contractor for construction services via a
City -issued request for proposals, Ford shall pay the City for Ford's Project as valued by the
contractor's bid that is selected by the Parties plus a ten percent (10%) contingency within fifteen
(15) business days from bid opening, and prior to the approval of the bid award by the City's
governing body.
2.3. Upon project completion, Ford shall pay the City for any and all amounts incurred
for change orders on Ford's Project, and a thorough account shall be made for costs of the
Engineering, Utility, and Ford Projects. If any surplus funds designated for the Engineering
and/or Utility Projects remain, the City shall keep its surplus funds. If Ford's Project costs are
less than the amount given to the City, the City shall refund Ford any surplus funds.
2.4 In the event that all the City funds set forth herein are exhausted, and project costs
are greater than the CIP funds for the Engineering and Utility Projects detailed herein, Ford, and
not the City, shall pay the City for any and all overage.
2.5 In the event that project costs for Ford's Project are over the estimated amount
given herein, Ford shall pay the City for any and all overage.
3.0 Breach
The failure of either of the Parties to comply with their obligations, including but not
limited to promptly paying the City the agreed amounts set forth in Section 2.0, shall constitute a
breach of this Agreement.
4.0 Waiver
Cost Sharing and Payment Agreement —COL and ford ASH AVE Page 3 of 7
The waiver of any requirement hereunder by any Party hereto shall not be effective
unless properly authorized and in writing.
5.0 Term; Termination
This Agreement shall automatically terminate after completion of construction of all
projects provided herein, and the final settlement and payment of funds between the Parties is
completed. This Agreement is not subject to early termination by any Party, other than as
provided herein.
6.0 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.
7.0 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: Michael Keenum, City Engineer
P.O. Box 2000
Lubbock, Texas 79457
Ford Development Corporation
Attn: Rex F. Robertson
16400 N. Dallas Parkway, Suite 140
Dallas, Texas 75248
8.0 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.
9.0 Non Arbitration
The City reserves 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 City shall not be subject to any arbitration process
prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein
Cost Sharing and Payment Agreement — COL and Ford ASH AVE Page 4 of 7
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.
10.0 Miscellaneous
A. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code,
prohibits the City from entering into a contract with a vendor that is identified by The
Comptroller as a company known to have contracts with or provide supplies or service with Iran,
Sudan or a foreign terrorist organization
B. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a)
This section applies only to a contract that: (1) is between a governmental entity and a company
with 10 or more full -rime employees; and (2) has a value of $100,000 or more that is to be paid
wholly or partly from public funds of the governmental entity. (b) A governmental entity may
not enter into a contract with a company for goods or services unless the contract contains a
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the contract.
C. Texas Government Code 2274. By entering into this Agreement, Ford verifies that: (1) it
does not, and will not for the duration of the contract, have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association or (2) the
verification required by Section 2274.002 of the Texas Government Code does not apply to the
contract. If Ford is a company with 10 or more full-time employees and if this Agreement has a
value of at least $100,000 or more, Ford verifies that, pursuant to Texas Government Code
Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against
a firearm entity or firearm trade association; and will not discriminate during the term of the
contract against a firearm entity or firearm trade association.
D. Ford represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification required by Section 2274.002 of the
Texas Government Code does not apply to the contract. If Ford is a company with 10 or more
full-time employees and if this Agreement has a value of at least $100,000 or more, Ford verifies
that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies;
and will not boycott energy companies during the term of the Agreement. This verification is not
required for an agreement where a governmental entity determines that these requirements are
inconsistent with the governmental entity's constitutional or statutory duties related to the
issuance, incurrence, or management of debt obligations or the deposit, custody, management,
borrowing, or investment of funds.
Cost Sharing and Payment Agreement — COL and Ford ASH AVE Page 5 of 7
E. Texas Public Information Act. The requirements of Subchapter J, Chapter 552,
Government Code, may apply to this contract and the contractor or vendor agrees that the
contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply
with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government
Code applies to this agreement, Ford agrees to: (1) preserve all contracting information related
to the contract as provided by the records retention requirements applicable to the governmental
body for the duration of the contract; (2) promptly provide to the governmental body any
contracting information related to the contract that is in the custody or possession of the entity on
request of the governmental body; and (3) on completion of the contract, either: (a) provide at no
cost to the governmental body all contracting information related to the contract that is in the
custody or possession of the entity; or (b) preserve the contracting information related to the
contract as provided by the records retention requirements applicable to the governmental body.
F. Non -Appropriation. All funds for payment by the City under this Agreement are subject
to the availability of an annual appropriation for this purpose by the City. In the event of non -
appropriation of funds by the City Council of the City of Lubbock for the services provided
under the Agreement, the City will terminate the Agreement, without termination charge or other
liability, on the last day of the then -current fiscal year or when the appropriation made for the
then -current year for the services covered by this Agreement is spent, whichever event occurs
first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the
continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days
prior written notice, but failure to give such notice shall be of no effect and the City shall not be
obligated under this Agreement beyond the Non -Appropriation Date.
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.
Cast Sharing and Payment Agreement — COL and Ford ASH AVE Page 6 of 7
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 M(ASS WHEREOF, the Parties hereto have executed this Agreement this 25th
day of 2022.
For the C' f Lubbock:
DANIEL M. POPE, Mayor
Attest:
W.4 r--A -1 0 - N
RebqEca 6arza, City Secre
For Ford D. elopme t C oration:
Rex F. Robertson, President
Approved as to Content:
Michael G. Keenum, P.E., qivsbp Director of Engineering/City Engineer
Manager
of Lubbock Power & Light
ed as to Form:
r
elli Leisure, Assistant City Attorney
n� al:���
y ' Jth, General Counsel for Lubbock Power & Light
Cost Sharing and Payment Agreement — COL and Ford ASH AVE Page 7 of 7
Exhibit A
NORTH
1:200
m 0
L_
I
a
- LUBBOCK POWER & LIGHT
-FORD DEVELOPMENT
-CITY OF LUBBOCK
HUGO
Exhibit B1
Ash Avenue from US Highway 84 to Loop 289
December 9, 2021
Opinion of Probable Construction Cost
Pro Cest:f'er -- -- - - -- - --- ---- - --• - - -- - -- - - - -- - - -
Total ...........
11 Fold Development
149 826
0fL0bb0Ck
$ 358,210
3 Lubbock PoMw-and Wht
$ 134.119
r • ose
' Based on 6 month sequential construction time.
Estimates only, actual amount depend on actual contracted services scope of work.
'This estimate assumes that typical plan review, testing, and inspection fees would be waived by the City of Lubbck and that no utility
relocations other than the power pole specifically quantified herein.
"" In providing opinions of probable construction cost, the Client understands that the Consultant has no control over the cost or
availability of labor, equipment or materials, or over market oonditions or the Contractor's method of pricing, and that the Consultant's
opinions of probable construction costs are made on the basis of the Consultant's professional Judgment and experience. The Consultant
makes no warranty, express or Implied, that the bids or the negotiated cost of the Work will not vary from the Consultant's opinion of
probable construction cost.
I I= ( HUGO rREED
Exhibit B2
Ash Avenue from US Highway 84 to Loop 289
Ford Development
Opinion of Probable Construction Cost
m
Quantity Unit
Unit
Total
h �vo'rnra _
P�Wn --
..
vation and Embankment
1
LS
14 000.00
$ - 14,000
C HMAC 2" and Caliche Basel
2,319
SY
$ 30.00
$ 69,570
'Concrete Pai '
145
SY
63.00
9.135
4" Curb and Gutter
1.11
LF
20.00
22 220
B" Concrete Fillets and Val!pj Gutters
73
SY
63.00
$ 4.599
P merits
11!?
Deli n urve n Engineedna Design, and Cons on Staking-16
681
1 C nstr _ n Planni Conti en
3 13 821
tdM9i ti
8
I HUGO REM
Exhibit B3
Ash Avenue from US Highway 84 to Loop 289
City of Lubbock
Opinion of Probable Construction Cost
9-Dec-21 10!02 AM
601wameavowleviin
Quantity Unit
Unit
Pilce..-lnentRemolfal
Total
MACendBaseCourse
91 SY'—_ J
.--"20.00
.4 820
Eftr ationand Embankment
1 -- -- 11
K 1000:00
- }22 000
CH 2" and Caliche Base
3 649 SY .-_1 $
0.00
$
109'470
4" Cdrb and Gutter
1610 LF __-.---1 =
20.00,
.$
32 00
"Concrete Fillets and Valley Gutters
219 SY-- -� 1$---=
63.00
$
13,797
E Comm pafti145
: SY--_-_ = i Is = -63.00
— -
$
9,135
is _
HMAC Pavement Rwnml ORMAC and Base Course
461. Y ; '4-
20.00
$
9,220
srlccavation and kment
1 La - `
' _ S 000.
$
5.000
C HMAC 2" and Caliche Base
F
388 SY
30.00
$
11640`
4"Curb and Gutter
100 LF
20.00
`2 o
".Concrete Fillets and Valle Gutters
74 SY
63.00
$
4,662
"Concrete Pavin
386 SY
63.00.
'
14M8
DesS.-_" VpgIneering De h and Construction Staki
10 ,Construction Planni Con no
32.566
HUC30 REED
Exhibit B4
Ash Avenue from US Highway 84 to Loop 289
Lubbock Power and Light
Opinion of Probable Construction Cost
0_nur_91 10:00 ern
Unit
Price
Total
wnue
JHMWA
CPa fit Removal HMAGand Bast Course
91 SY
S 20.00
18 0.
Ex6dv##on dnd Embankment
1 ILS
I $ 8 000.00
I S
6.0001
C HMAC 2" efid Cali"cMe Base
.1.079.1sy
1 S 30.00
S
32 370'
9 Cu Arid
IIHMAQ PaVempt eMRval HMA and Base
- _ 481
20.00
20.00
S
1
9.980.1
9 220i
.
onand Embankmeht
1 LS
6. 000..
$
5,000
FI.
HMAC Wand ache Base
388 SY
30.00
$
11,640
4'r,Curb and utter
100 LF
S 20.00
$
2000
rete Fillets and Valle Gutters
74 SY
63.00
$
4662
rete Pavin
386 SY
63.00
24,318
Design 8426 Enpineerino Des' n and Construction Staking
14 936
14MG-
1100/0 Constnxdton Plannina ConUrK, encv.
-
-
$
12193
--A='. I AND ASSOCIATES.
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