HomeMy WebLinkAboutResolution - 2017-R0236 - Ford Development Corporation - 07/13/2017Resolution No.2017-R0236
Item No.6.7
July 13,2017
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
andon behalfof the City of Lubbock,cost sharing and payment agreement for improvements on
the West 50th Street Corridor between Upland and Milwaukee Avenues,by and between the City
of Lubbock and Ford Development Corporation,of Dallas, Texas and related documents. Said
Contractis attachedhereto and incorporated in this resolutionas if fully set forth hereinand shall
be included in the minutes of the City Council.
Passedbythe City Council on July 13,2017 .
DANIEL M.POPE,MAYOR
ATTEST:
0^>.X^.i.<L
Rebecca Garza, City Secretary
APPROVED AS TO/CONTENT:
E<Wooa Frapklin,P.E.,Director of Public Works
APPROVED AS TO FORM:
I
K^lli Leisure,AssistantCity Attorney
ccdocs/RES.Contract 50thFordDevelopment
06.21.17
Resolution No. 2017-RO236
COST SHARING AND PAYMENT AGREEMENT
THIS AGREEMENT is entered into this 13th day of u July
2017 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 passed budget amendment ordinance number 2016-00158
establishing the Capital Improvement Project (CIP) 92502 for the West 50th Street Paving
Improvements Project, and appropriated funding in the amount of one million one hundred fifty-
four thousand twenty-two and 00/100 ($1,154,022.00) for improvements in and along the West
50th Street corridor between Upland Avenue and Milwaukee Avenue; and
WHEREAS, the City CIP 92502 work ("City's Work") will include approximately one-
half mile of three lane strip paving with roadside ditches, municipal water extensions, one half of
the cost of an improved railroad crossing including embankment, planks, signals, and associated
drainage structures, and paving improvements between the Lubbock and Western Railroad and
Milwaukee Avenue; and
WHEREAS, Ford owns, and is developing, land adjacent to the area CIP 92502
encompasses which said Ford development ("Ford's Work") will include approximately one-half
mile of three lane strip paving with roadside ditches, municipal water and sewer extensions, one
half of the cost of an improved railroad crossing including embankment, planks, signals, and
associated drainage structures, and utility extensions from Milwaukee Avenue under the
Lubbock and Western Railroad; and
WHEREAS, the Parties can realize a significant cost savings for each Party's Work
within the boundaries of CIP 92502 by utilizing the same engineering firm and Contractor for the
City's Work and Ford's Work on West 50th Street between Upland and Milwaukee Avenues;
and
WHEREAS, the Parties hereto agree that in order to expedite construction and avoid
duplicative costs, both Parties shall utilize one engineering firm and one Contractor jointly for
the completion of said projects; and
WHEREAS, Ford shall make upfront payment to the City for its project costs for Ford's
Work, specifically for Ford's bid items plus a five percent (5%) contingency for potential change
orders, after bids are received. Payment must be made to the City within 15 business days from
bid opening, and prior to approval of the bid award by the City's governing body.
WHEREAS, Ford is aware that City funds for the City's Work in this cost -sharing
agreement are limited to a maximum expense of one million one hundred fifty-four thousand
twenty-two and 00/ 100 ($1,154,022.00).
Cost Sharing and Payment Agreement — COL and Ford Page 1 of 6
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' Work as described above.
1.2 Ford.
1.2.1 Ford shall prepare and forward to the City all engineering drawings
necessary for the adjacent projects.
1.2.2 During construction of the Westmont addition, Ford shall cause all
construction vehicles to utilize an alternate route, which will not
include West 50th Street between Upland and Quincy, adjacent to L.S.
Farms Addition.
1.3 The Parties shall jointly review 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
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.
1.4.1 For change orders on Ford's Work, Ford must submit its written
recommendation to the City for each change order, and the City will
promptly consider said change order;
1.4.2 Upon project completion, Ford shall render payment to the City for
each change order it recommends to, and is approved by, the City;
1.4.3 The City shall not, on its own, initiate any change orders beyond the
funding appropriated for CIP 92502; and
1.4.4 In the event that changed field conditions require the City to initiate
change orders beyond appropriated funding, therefore increasing
project costs for Ford, the City shall submit its written
recommendation to Ford for each change order, and Ford will
promptly review and make recommendations for each submission.
Cost Sharing and Payment Agreement — COL and Ford Page 2 of 6
2.0 Payments
2.1 City. City shall fund the City's Work, but only for an amount not to exceed one
million one hundred fifty-four thousand twenty-two and 00/100 dollars ($1,154,022.00).
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 Work as valued by the
Contractor's bid selected by the Parties plus a five percent (5%) 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 Work exceeding any funds already submitted to the City, and a
thorough account shall be made for costs of both the City's Work and Ford's Work. If any
surplus funds designated for the City's CIP 92502 remain, the City shall keep its surplus funds.
If Ford's Work 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 CIP 92502 funds set forth herein are exhausted, and
project costs are greater than the CIP fund for the City Work 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 Work 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
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, and final
settlement and payment of funds between the Parties is completed. This Agreement is not
subject to early termination by any Party, other than in accordance with terms of item 1.3 of this
Agreement.
Cost Sharing and Payment Agreement — COL and Ford Page 3 of 6
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: L. Wood Franklin, P.E.
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
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 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
Cost Sharing and Payment Agreement — COL and Ford Page 4 of 6
covenants and agreements between the Parties with respect to said matter. Each Party to this
Agreement acknowledges that no representations, inducements, pr.uijLases, or agreements, oral or
otherwise, have been made by any Party or anyone actmg on behait 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.
11.0 Parties BoundlAuthority
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 WITNESS WHEREOF, the Parties hereto have executed this Agreement this 13th
day of July 2017.
For the City of Lubbock:
DANIEL M. POPE, Mayor
For Ford Development Corporation
Rex F. Robertson, President
Attest:
Re ecca Garza, City Secretarki
Approved as to
L. Wo' Fr in, P.E., motor of Public Works
Cost Sharing and Payment Agreement — COL and Ford Page 5 of 6
Approved as to Form:
I &()40t�u
i Leisure, Assistant City Attorney
Cost Sharing and Payment Agreement — COL and Ford Page 6 of 6
f HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-56421 FAX 8061763-3891
� , C TEXAS REGISTERED ENGINEERING FIRM0
100
TEXAS LICENSED SURVEYING FIRM 1006776-06-00
LAND SURVEYORS
CIVIL ENGINEERS
PRELIMINARY OPINION OF PROBABLE COSTS
Westmont
50th Street Paving, Railroad Crossing, and Utilities in 50th Street
February 17, 2017
1
Research, consulting, studies, preliminary engineering, and estimating (may include previous invoices)
$
600
ACQUISITION OF LAND FOR R-O-W BETWEEN RAILROAD AND MILWAUKEE AVENUE
10
Land survey (includes sales tax)
$
2,000
RIGHT
OF WAY DEDICATION
11
Preparation, survey, descriptions, administration and submittals (includes sales tax)
$
4,200
13
Attorney's fees for dedication deed, certificate of ownership, and tax certificate only
$
800
14
County Clerk recording fees
$
200
WATERSHED and DRAINAGE ANALYSIS TO ACCOMPANY PAVING DESIGN AND PLAT SUBMITTAL
15
Engineering analysis and report
$
15,000
STORM WATER POLLUTION PREVENTION PLAN (SWP3) and BEST MANAGEMENT PRACTICES (BMP's)
16
Plan preparation, submittals, implementation of BMP's, and administration by independent consultant
$
3,000
17
City review fee
$
205
MUNICIPAL INFRASTRUCTURE IMPROVEMENTS
18
Municipal Water and Sewer - Developer required to provide 2-year warranty to City of Lubbock
19
Estimated construction cost
$
662,500
20
City of Lubbock plan review and construction inspection fees
$
10,620
21
Street Paving and Drainage - Developer required to provide 2-year warranty to City of Lubbock
22
23
Estimated construction cost
City of Lubbock plan review and construction inspection fees
$
$
1,809,200
27,390
24
Engineering and Related Services for Municipal Improvements
25
Topographic survey for in-house use only
$
27,200
26
Engineering design, City submittals, construction documents, and record documentation
$
198,000
27
Construction staking as required by Code
$
28,000
MISCELLANEOUS
28
Street lights - 3
$
7,710
29
Street signs - 3
$
600
30
Traffic signs - 3
$
600
31
Electric utility Extension Fees (Assumes electric lines in 50th Street are overhead)
$
-
33 10% CONTINGENCY $ 279,730
TOTAL $ 3,077,555
N/A-N/R: Not Anticipated or Not Required for this phase of development
NOTICE: This Opinion of Probable Costs is preliminary and prepared from office files only. Actual costs will vary.
This document shall not be construed to be a Proposal for Services
OVERALL COST SHARE
FORD DEVELOPMENT 56.8%
CITY OF LUBBOCK 43.2%
Copyright Hugo Reed and Associates, Inc.
ESTIMATED COST OF CONSTRUCTION
Westmont
50th Street Paving, Railroad Crossing, and Utilities in 50th Street
February 17, 2017
CITY OF LUBBOCK
MUNICIPAL WATER DISTRIBUTION IMPROVEMENTS
Item
No. Item Description Quantity / Units Unit Cost Total Item Cost
MUNICIPAL SANITARY SEWER IMPROVEMENTS
Item
No. Item Description
Quantity / Units
Unit Cost
Total Item Cost
S-1 6" Sewer at 4'-6' cut
_ 0 L.F.
$15.00
$0.00
S-2 8" Sewer at 8'-10' cut
0 L.F.
$24.00
$0.00
S-3 10" Sewer at 8'-10' cut
0 L.F.
$30.00
$0.00
S-4 12" Sewer at 6'-8' cut
0 L.F.
$37.00
$0.00
S-5 12" Sewer at 12'-14' cut
0 L.F.
$45.00
$0.00
S-6 Standard Manhole 48" I.D.
0 EACH
$3,500.00
$0.00
S-7 Extra Vertical Feet (std. 48" mint.)
_
0 E.V.F.
$200.00
$0.00
S-8 6" Plug
0 EACH
$250.00
$0.00
S-9 10" Plug
0 EACH
$400.00
$0.00
S-10 12" Plug
0 EACH
$450.00
$0.00
S-11 Trench Protection (4'-10')
_ 0 L.F.
$1.00
$0.00
S-12 Trench Protection (10'-20')
_ 0 L.F.
$2.00
$0.00
S-13 Manhole Adjustment (paved areas only) 0 Each
$800.00
$0.00
S-14 Lift Station (wet well and pumps)
0 L.S.
$500,000.00
$0.00
S-15 10" Force Main
0 L.F.
$28.00
$0.00
S-16 Bore
0 L.F.
$300.00
$0.00
S-17 SWP3
_
0 L.S.
$0.00
$0.00
Subtotal: Muni San Sewer
$0.00
MUNICIPAL PAVING AND DRAINAGE IMPROVEMENTS
Item
No. Item Description
Quantity / Units
Unit Cost
Total Item Cost
PAVING IMPROVEMENTS
DR-1 24" CMP at Driveway Crossings 400 L.F. $100.00 $40,000.00
DR-2 Hydroseeding Stabilization 20,000 S.Y. $0.50 $10,000.00
Subtotal: Muni Paving and Drainage $705,865.75
RAILROAD CROSSING EXPENSES
Item
No. Item Description Total Item Cost
OTHER EXPENSES
Item
No. Item Description
Total Item Cost
0-1 Surveying _ _ _ _ _
$0.00
0-2 Engineering
$0.00
0-3 Construction Staking
$0.00
0-4 City Fees
$38,215.00
0-5 Other Fees & Misc. _
$9,910.00
0-6 Contingency
$118,885.25
Subtotal: Other Expenses
$167.010.25
TOTAL:
$1,330,404.00
CITY OF LUBBOCK Copyright Hugo Reed and Associates, Inc.
ESTIMATED COST OF CONSTRUCTION
Westmont
50th Street Paving, Railroad Crossing, and Utilities in 50th Street
February 17, 2017
FORD DEVELOPMENT
MUNICIPAL WATER DISTRIBUTION IMPROVEMENTS
Item
No. Item Description Quantity / Units Unit Cost Total Item Cost
MUNICIPAL SANITARY SEWER IMPROVEMENTS
Item
No. Item Description
Quantity / Units
Unit Cost
Total Item Cost
S-1 6" Sewer at 4'-6' cut
480 L.F.
$15.00
$7.200.00
S-2 8" Sewer at 8'-10' cut
_
60 L.F.
$24.00
$1.440.00
S-3 10" Sewer at 8'-10' cut
60 L.F.
$30.00
$1.800.00
S-4 12" Sewer at 6'-8' cut
600 L.F.
$37.00
$22,200.00
S-5 12" Sewer at 12'-14' cut
2,910 L.F.
$45.00
$130,950.00
S-6 Standard Manhole 48" I.D.
10 EACH
$3,500.00
$35,000.00
S-7 Extra Vertical Feet (std. 48" mh.)
_ _ _ _ 40 E.V.F.
$200.00
$8,000.00
S-8 6" Plug
8 EACH
$250.00
$2,000.00
S-9 10" Plug
2 EACH
$400.00
$800.00
S-10 12" Plug
_
4 EACH
$450.00
$1,800.00
S-11 Trench Protection (4'-10')
_ _ 1,200 L.F.
$1.00
$1.200.00
S-12 Trench Protection (10'-20')
2,910 L.F.
$2.00
$5,820.00
S-13 Manhole Adjustment (paved areas only)
9 Each
$800.00
$7.200.00
S-14 Lift Station (wet well and pumps)
L.S.
$500,000.00
S-15 10" Force Main
500 L.F.
$28.00
$14,000.00
S-16 Bore
185 L.F.
$300.00
$55.500.00
Subtotal: Muni San Sewer $297,410.00
MUNICIPAL PAVING AND DRAINAGE IMPROVEMENTS
Item
No. Item Description Quantity / Units Unit Cost Total Item Cost
DR-1 24" CMP at Driveway Crossings
DR-2 Hydroseeding Stabilization
Subtotal: Muni Paving and Drainage
RAILROAD CROSSING EXPENSES
Item
No. Item Description
RR-1 Railroad Crossing
RR-2 Excavation and Embankment for Roadway and Rail Crossing
RR-3 6'x3' Concrete Box Culverts (2 Barrels)
RR-4 Concrete Headwalls
RR-5 Dry Stone rip -rap
Subtotal: Railroad Crossing
OTHER EXPENSES
Item
No. Item Description
0-1 Surveying
0-2 Engineering
0-3 Construction Staking
0-4 City Fees
0-5 Other Fees & Misc.
0-6 Contingency
Subtotal: Other Expenses
1 Each
1
Total Item Cost
Total Item Cost
TOTAL: $1, 746, 992.00
FORD DEVELOPMENT Copyright Hugo Reed and Associates, Inc.
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50TH STREET WIDENING PROJECT
WESTMONT ADDITION
50TH STREET
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CITY OF LUBBOCK I FORD DEVELOPMENT
CITY OF LUBBOCK
50TH STREET: WESTMONT PLAT LIMITS TO UPLAND
AVE.;
FORD DEVELOPMENT
50TH STREET EAST OF RAILROAD CROSSING TO
50TH STREET: WEST WESTMONT PLAT LIMITS TO
MILWAUKEE AVE.
RAILROAD CROSSING
OPINION OF PROBABLE CONSTRUCTION COST
OPINION OF PROBABLE CONSTRUCTION COST
WATER DISTRIBUTION:
$174,200
WATER DISTRIBUTION: $190,900
SANITARY SEWER:
$0
SANITARY SEWER: $297,400
PAVING AND DRAINAGE:
$705 900
PAVING AND DRAINAGE: $536,500
OTHER EXPENSES:
$167,000
OTHER EXPENSES: $438,850
CITY COST: WEST HALF 50TH STREET:
$1,047,100
FORD COST: EAST HALF 50TH STREET: $1,463,650
TOTAL PROJECT COST SUMMARY
FORD COST + RR:
$1,747,050
CITY COST + RR:
$1.330,500
TOTAL PROJECT COST:
$3,077,550
FORD COST (% OF TOTAL):
56.8
CITY COST (% OF TOTAL):
43.2
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FORD DEVELOPMENT I CITY OF LUBBOCK
CITY OF LUBBOCK AND
FORD DEVELOPMENT
CITY OF LUBBOCK AND FORD DEVELOPMENT
RAILROAD CROSSING EXPENSES
OPINION OF PROBABLE CONSTRUCTION COST
RAILROAD CROSSING:
$325,000
EXCAVATION AND EMBANKMENT:
$115,000
CONCRETE CULVERTS:
$93,800
CONCRETE HEADWALLS:
$15.000
STONE RIP RAP:
$18,000
RAILROAD COST: $566,800
FORD: $283,400
CITY: $203,400
F �RHUGO ASSOCIATES, EED
AND w LAND SURVEYORS 1601 AVENUE N
0 CIVIL ENGIN EERS LU96.IK.TEXAs111W
Z PHONE: 606I 763-5632
FAX8061763-3891