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Home My WebLink AboutResolution - 2019-R0179 - Cost Sharing And Reimbursement Agreement With 1585 Development - 05/28/2019 Resolution No. 2019-RO179 Item No. 6.5 May 28, 2019 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 mill and relay and widening street maintenance project on University Avenue/CR 2100, by and between the City of Lubbock and 1585 Development, LLC of Lubbock, 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 28, 2019 DANIEL M. POPE, MAYOR ATTEST: -P-Ie�X-ec'e Rebe ca Garza, City Secretaki -"k APP OVED AS T CONTENT: Woo ra <ltn, P.L., Division Director of Public Works APPROVED AS TO FORM: R n ooke, Assistant City Attorney ccdocs/RES.Cost Sharing and Reimbursement Agreement-University-CR 2100-1585 Development 5.14.19 Resolution No. 2019-RO179 COST SHARING AND REIMBURSEMENT AGREEMENT THIS AGREEMENT is entered into the )gth day of , 20 by and between the City of Lubbock, Texas, a Texas Home Rule Municipa ty ("City"), and 1585 Development, LLC of Lubbock, Texas ("Developer"), 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`1' Street (FM 1585) to Woodrow Road the City and the Developer recognize the need for a mill and relay and widening street maintenance project ("Project"); and WHEREAS, the entirety of University Avenue/CR 2100 from 130t1' 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, Developer owns, and is developing, land adjacent to the Project and will benefit from the improved roadway and vehicular access created by the Project; and WHEREAS, the City finds that it is in the best interest of the public health, safety, and welfare of the citizens of the City to construct the Project; and WHEREAS, the Parties hereto agree that in order to expedite construction associated with the Project, and to fully fiend and equitably share among the primary beneficiaries in the expense associated therewith, that Developer 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 City. City shall provide Developer with thirty (30) days notice prior to beginning Project construction. City shall provide Developer the opportunity to participate in a preconstruction meeting with the selected Contractor. 1.3 Developer. Developer shall reimburse City for a portion, as defined in Section 1.4, of the costs incurred by the City for the Project in an amount not to exceed ONE HUNDRED AND EIGHTY-ONE THOUSAND EIGHT HUNDRED and 00/100 DOLLARS ($181,800.00). Cost Sharing and Reimbursement Agreement—COL&1585 Development Page 1 of 4 1.4 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. Lubbock 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. The Developer shall pay for the portion of the Project equal to one-half of the cost of the entire center lane, provided, however, the Developer's portion shall not exceed $181,800.00, which portion is based on the cost estimated based on the current plans and specifications of the Project. Should the City obtain pricing less than the cost estimate for the Project, said amount shall be proportionally reduced by said reduction in price. 2.0 Reimbursements Not less than two (2) weeks prior to scheduled commencement of construction Developer shall pay the City the amount set forth in Section 1.3 and 1.4 above as valued by the Contractor's bid selected by the City, subject to any reduction in pricing set forth in Section 1.4 above. The Developer will not be responsible for any change order associated with the Developer's portion of the project, as the Developer's portion shall not, under any circumstance, exceed a total of $181,800.00. 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 tenninate after final reimbursement by all parties to the City, or the City's termination of its Contract with Contractor, whichever should occur first. In the case of termination due to the City's termination of its Contract with Contractor prior to completion the Project, Developer shall be refunded all amounts paid by it to City under this Agreement. 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&1585 Development 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 1585 Development, LLC Attn: L. Wood Franklin, P.E. Attn: Thomas K. Payne P.O. Box 2000 P.O. Box 64664 Lubbock, Texas 79457 Lubbock, Texas 79464 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&1585 Development Page 3 of 4 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. City of Lubbock: 1585 Development, LLC: DANIEL M. POPE, Mayor THOMAS PAYN anager Attest: KQ If Rebe 'a Garza, City Secretary ;Appve as to Conte d Fr lin, P.E. Director of Public Works Approve as to Form: ,/- '/Z - Ry oke, Assistant City Attorney Cost Sharing and Reimbursement Agreement—COL&1585 Development Page 4 of 4