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Home My WebLink AboutResolution - 2023-R0036 - Amendment 1 to Cost Sharing and Payment Agreement 16181 with Ford DevelopmentResolution No. 2023-R0036 Item No. 6.8 January 24, 2023 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 and on behalf of the City of Lubbock, Amendment No. 1 to the Cost Sharing Agreement Conti No. 16181 for engineering and construction services to pave the area of Ash Avenue between South Loop 289 frontage road and US Highway 84, and the associated frontage for the intersect of Ash Avenue and US Highway 84, by and between the City of Lubbock and Ford Developrr. Corporation, and related documents. Said Amendment is attached hereto and incorporated in resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on January 24, 2023 ATTEST: Rebec Garza, City Secre APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager APPROVED AS TO FORM: elli Leisure, Assistant City Attorney ccdocs/RES.Amend # 1 to Ash Ave Cost Sharing Agrmnt 12.30.22 Resolution No. 2023-R0036 AMENDMENT NO.1 TO COST SHARING AND PAYMENT AGREEMENT THIS FIRST AMENDMENT TO THE AGREEMENT, Contract No. 16181, is entered into this 24th day of January 2023 by and between the City of Lubbock, Texas, a Texas Home Rule Municipality ("City"), and Ford Development Corporation ("Ford"), collectively ("Parties"). RECITALS WHEREAS, the City entered into the Agreement on January 25, 2022 through Resolution No. 2022-R0039 for the Parties to share costs associated with the engineering and construction for paving the area of Ash Avenue between the South Loop 289 frontage road and US Highway 84, and the associated frontage for the intersection of Ash Avenue and US Highway 84 (the "Projects") as depicted on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Parties found the Agreement to be beneficial as it would be a cost savings to each of the Parties by utilizing the same engineering firm for the City's and Ford's Projects on Ash Avenue between South Loop 289 and US Highway 84; and WHEREAS, when the City let out the project to bid, the original estimate of the cost of the Projects returned at a significantly higher cost than projected, the details of which are provided in Exhibits "B1-B5", attached and incorporated herein; and WHEREAS, the Parties agree to the following amendment terms in order to apportion the actual bid costs between each Party for their own Project. NOW, THEREFORE, the City and Ford agree to the terms of this FIRST AMENDMENT: Section 2.0 of the Agreement shall be amended as follows: 2.0 P"ents 2.1 City. City shall fund the City Projects (by and through the Engineering and Electric Utility Departments), at an amount not to exceed eight hundred eighty-nine thousand seven hundred -two and 00/100 ($889,702.00), as apportioned and set forth in Exhibit "B-1", attached hero and incorporated herein. 2.2 Ford. Ford shall pay the City for Ford's Project costs, as valued by the contractor's bid that is selected in response to the City -issued request for proposals (RFP), within fifteen (15) business days from bid opening, and prior to the approval of the bid award by the City's governing body. Ford's remaining Project costs are estimated to be two hundred thirty- three thousand four hundred fifty-one dollars and NO/100 ($233,451.00) as set forth in Exhibits "B-I through B-5". Amend. 01 Cat St of ft and Payamt Areeneet - COL and Ford ASH AVE Pap i of s 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 City's 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. All other portions of the original Agreement shall remain in place and are not altered by this amendment. For the C ' ubbock TRAY Vr4 Mayor ATTEST: Re Garza, City Sec APPROVED AS TO CONTENT: For Fo evelo ent Corporation: Rex F. Robertson, President AAX-41UAL,11--� Michael G. Keenum, P.E., Division Director of Engineering/City Engineer Erik Rejino, Assistant City Manager Joe ire r Lubbo wer & Light Amen. 01 Cwt SMft an PayW0%AraamW - OOL and Fad ASH AVE Pap: of 3 AFTROVED AS TO FORM: Ili Leisure, Assistant City Attorney Jenny ith.loeml Counsel for Lubbock Power and Light Amend. 81 Cost 9aft and Payment ftm m M -COL and Ford MH AVE P803 0 3 No Text EXHIBIT B-1 Ash Avenue - Loop M8 to US Highway 84 Deoembw 12, 2M Opinion of Probable Project Coals I'� •ILLid;�ci��'�'�.TT:.L'':�"'�r-^;*.� E � 'Fond Development has Paid for all design costa to dale. Forft Cort< Wft to construction has be decreased by the project design Costs allocated to City of Lubbock and LP&L and those parties ambibution to Construcft has been increased by the eq&aWd amount. See quantity tabulations for detail. IANANDrR..A IAT GO S INC. EXHIBIT B-2 Ash Avenue - Loop 289 to US Highway 84 Total Project Cost 1%ZMI%" 1.mo m Quen" Una Una -- TOW tarleo roe f l 1 ILS Is 15.000.95 15 OW DfMAC itemovai 1 2,157 ISY is28.00is 53 M r-OnembRomml 1 95 ISY 50.00 1 4,750 1310 ICY 12 15,72D F.mbiMtiurnet 1 118 ICY 6 12.00IS 13.415 RIVISM SOON W T C 10' Fiat ease 1Y Su e 9 574 352 -� � 3 442103cwme a [CurMd 13110 480 Comma 142 12 070 731 WS 55 M Corwele Flume 29 2,320 V° t30oc 4 4 VBNa Veu1t Rdfl 1S 2 n 1 ILS Is 81)(10.00 1 s8 1 ILS IS 12.000110 1 LS 10.00O.QO i 10 000 Co -10% o1 Consimotion Cost 1 IAIYO Atai IAT9i. INC. EXHIBIT B-3 Ash Avenue - Loop 289 to US Nghway 84 Ford Development Share of Constivedon 134Mw22 1AoPY Qwnft it Una Total Price ree®RAMOVel 1.0 LS 15 00.00 1S 000 1 0.0 Isy 25.00 Removal1 47.5 5 50.001$ 2,375 [Excavagon for RoackyRys 328.0 CY 12.001S 9 936 Ennbeniannet 280.0 CY s 12.001$ 3,360 SeCion .5• Tme C 10" Flax Bate 12' 2ANA 72.00 1 757 and Gutter 774.7 LF f 30.00 S 41rete rCgurbed 0.0 SY 3 80.00rete F 71.0 SY 85.0D OAMete FOlets and V Gunara 47.5 SY IM 4 7b Drains Flume 29A SY s 80.00 i 2,320 Valve 80rt nt 2A SY 1 .00 2,400 r Vapre Vault Rim Ad rnt A SY 8 2 .00 Mason OA LS 6 .00 2400 0.4 LS 5 1 AO 4,800 rafBc Control DA LS 10 000.00 4000 orre -10% of Consh mft Costs 24,690 CO AW Snrrve sad EROW1E 1 1--FUH A:sOC,gl INC, EXHIBIT B-4 Ash Avenue - Loop 289 to US Highway 84 My of Lubbock Share of Consbucdon tiflyJ9 •M OY __ and Um buret P=MAC Ural !Hell Ma irew moval 0.0 15 000.00emoval 1 AMIA MY 13 25.00 S 4720,1- crab Removsi 1 47.5 ISY 50.00 IS 2.375 for 841.0 CY 1100 Is7 838.0 CY 3 12.00 ?Am meet Secdon MW Two C 10' Flan Bate 1r de 5A23.0 SY $ 7100 S 390ASS 4' Curb and Gulter 2179.5 LF 30.00 ' Canersft Driveway 131.0 SY 00-0015 10 4M Comets Pivft 05.00 $ ems ' Commets FOets and Va Guam 90.00 57 6' urbed Conaele Oral n 00.00 Box $ 1 00 400 seer valve Rim Ad 2 000 00 2 0.3 ILS 13 8 000.00 I S1 0.3 ILS s 12 000.00 13 3 800 raft Cor*rol 0.9 ILS 10 000.00 13 3 000 ortl-1076vfC*rsftscWn Costs 60.742 Contribution to ConstmMon as offset for Professional Services Paid by Ford 3 `AND FI EXHIBIT B-5 Ash Avenue - Loop 289 to U8 Htg my 84 LP&L Share of Construction -' w sna aril, - - t�laat[iy unle -2�Lf una rm Tad _m -_- -- - - me Removal 03 US is 11000.00 PAMOVal 265.3 13Y Is 25.00 6 PAMOVS1 I OA lay I 50.00 for 941A CY 3 12.001S 4 kopmm 20D.0 CY 12.001S 2 ection .a' C. IV Flex Base 12' da 1 AS 72.00 t 111,139 d Qulaer 4 .6 LF= 30.00 14AU0.0 SY f a0.00 f0.0 Eve SY i 65.00MU srV rs 47.3 SY 90AD 4onmo Fkxne OA SY130A0 0 1 .00 V" Ift Ad ust n w 15 2=00 1 i 0 LS Is 6 1.000 tsvvppp 1 0.3 ILS 12.000.00 S 3AW raft Conbol 1 0.9 ILS is 10,000mil 3 .000 1 Coats 1t3116 dn - a rror hMA to ConsUmdon as offset for Pmfeasbnal Services POW by FcrO 1 14 WO ASSOC1AT- •; IMC,