HomeMy WebLinkAboutResolution - 2019-R0178 - Cost Sharing And Reimbursement Agreement With Betenbough Homes - 05/28/2019 Resolution No. 2019-RO178
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 Betenbough Homes, 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 2R, 2019
DANIEL M. POPE, MAYOR
ATTEST:
)OP YAtCe. ......-
eb cca Garza, City Secret'ry
APP OVED AS TO C NTENT:
L. Wn�7
P.C., Division Director of Public Works
APPROVED AS TO FORM:
Ry B' oke, Assistant City Attorney
ccdocs/RES.Cost Sharing and Reimbursement Agreement-University-CR 2100-Betenbough
5.14.19
Resolution No. 2019-R0178
COST SHARING AND REIMBURSEMENT AGREEMENT
THIS AGREEMENT is entered into the 28th day of A.+%l - 2019 , 20J3_ by
and between the City of Lubbock, Texas, a Texas Home Rule Municipality ("City"), and
Betenbough Homes, 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' 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 130'h 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 fund 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&Betenbough 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
in writing and signed by both parties.
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.
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&Betenbough 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 Betenbough Homes, LLC
Attn: L. Wood Franklin, P.E. Attn: Chris Berry
P.O. Box 2000 630582 nd Street,
Lubbock, Texas 79457 Lubbock, Texas 79424
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 Iaw, 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/Authorily
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&Betenbough Page 3 of 4
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date
first written above.
City of Lubbock: Betenbough Homes,LLC:
DANIEL M. POPE,Mayor CHRIS BERRY,L d Planning Manager
Attest:
-L"-Rebe ca Garza, City Secretary
Approve as to Content:
ood nk n, .E., Director of Public Works
Approve as to Form:
Ry Br ke, ssistant City Attorney
Cost Sharing and Reimbursement Agreement—COL&Betenbough Page 4 of 4