HomeMy WebLinkAboutResolution - 2019-R0177 - Cost Sharing And Reimbursement Agreement With Lubbock County - 05/28/2019 Resolution No. 2019-RO177
Item No. 6.5
May 28, 2019
RESOLUTION
BE IT RESOLVED BY THE CI'T'Y 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 mill and relay
and widening street maintenance project on University Avenue/CR 2100, 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 May 29 2019
DANIEL M. POPE, MAYOR
ATTEST:
Reb ca Garza, City Secret ry
APP OVED AS TO ONTENT:
L. Wo Fra in, P.E., Diviston erector of Public Works
APPROVED AS TO FORM:
Ry ok , Assistant City Attorney
ccdocs/RES.Cost Sharing and Reimbursement Agreement-University-CR 2100-County
5.14.19
Resolution No. 2019-RO177
COST SHARING AND REIMBURSEMENT AGREEMENT
THIS AGREEMENT is entered into the 28th day of May , 20 19 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 significantly increased traffic in proximity to University
Avenue/CR 2100 from 130"' Street (FM 15 85) to Woodrow Road the City and County recognize
the need for a mill and relay and widening street maintenance project ("Project"); and
WHEREAS, the entirety of University Avenue/CR 2100 from 130°i Street (FM 1585) to
Woodrow Road is within Lubbock County and a portion is 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.
Cost Sharing and Reimbursement Agreement—COL&County Page 1 of 4
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 SEVEN HUNDRED
AND EIGHTY THOUSAND and 001100 DOLLARS ($780,000.00).
1.3 Portion. The City shall pay for the portion of the Project based on the square yards
of street surface within the city limits of the City, save except the cost of the center lane. The
County shall pay for the portion of the Project based on square yards of street surface outside the
city limits of the City, save except the cost of the center lane.
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.
The County will be responsible for any change order associated with the County's portion of the
project. The County's portion shall not exceed a total of$780,000.
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,
regardless of the original location of the material.
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.
Cost sharing and Reimbursement Agreement—COL&County Page 2 of 4
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 Lubbock County
Attn: Wood Franklin Attn: Jennifer Davidson
P.O. Box 2000 916 Main Street, Suite 527
Lubbock, Texas 79457 Lubbock, Texas 79401
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.
Cost Sharing and Reimbursement Agreement—COL&County Page 3 of 4
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first
written above.
City of Lubbock: Lubbock County:
DANIEL M. POPE, Mayor TOM HEAD, County Judge
1 Z
Attest:
D-atu'-(—e 1�4�
Rebe ca Garza, City Secretary Ke ly Pinion, Cour Clerk
Appr ve as tLCon
Woo d Fr t lui, P.E., Director of Public Works 66nnifei vidson, P.E., Director of Public Works
Approve as to Form:
dry IV
R i Br oke, As ' ant City Attorney Andrew Wipke, Assistant District Attorney
Cost sharing and Reimbursement Agrecment—COL&Counly Page 4 ol'4