HomeMy WebLinkAboutResolution - 120971K - Agreement - URA - Neighborhood Development Program (NDP) - 12_09_1971Ii - !! KJ:sw
120171 k
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an agreement
between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock
covering park improvements, attached herewith which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall con-
stitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this_2_day of December A 1971,
ATTEST:
Lave is Lowe, City Secretary -Treasurer
1 APPROVED AS TO FORM:
red O, Senter, Jr. , City t rriey�
1 of the City of Lubbock, State of Texas (hereinafter referred to
as the "Local Public Agency"),, and!the City of Lubbock, (hereinafter
referred to as the "Contractor").
WITNESSETH:
WHEREAS, the Local Public Agency has, under the date of
August 19, 1970, entered into a Neighborhood Development Program
i
Funding Agreement with the United States of America, being Con-
tract Number Tex A-14(c), providing for financial -aid to the Local.
Public Agency under Title I of,the Housing Act of 1949, as amended;
and
WHEREAS, pursuant to such Contract, the Local Public Agency
is undertaking certain activities neces.sary.for the Execution of
a Project, situated in the Project Area known as the Lubbock Neigh-
borhood Development Program Area, Progrark.Tex. A-14(c), including
certain project site improvement wdrk; and
WHEREAS, the Local Public agency desires to engage the Con-
�`. -tractor to undertake and carry out -the performance of certain project
improvements designated as Item I project improvements in connection
with such undertakings of the Local Public Agency; and
WHEREAS, by waiver dated
November 26
, 1971, a copy
of which is attached to this Contract, the Local Public Agency has
obtained the approval of the Secretary of Housing and Urban Develop-
ment to enter into a contract with the City of Lubbock to perform
certain project ir:provenent work relating to the construction of
park-imftovements which have been designated as Item I project
improvements on an actual cost basis to the extent such project
improvements are eligible to be charged to and paid out of Item I
,
j
1
of Gross Project Costs, and has obtained a waiver of Section 106(A)
and 106(B) of the Master Funding Agreement Contract Tex. A-14(c),
to the extent necessary to permit the Local Public Agency to enter
into such contract with the City of Lubbock.
NOW, THEREFORE, the parties hereto do mutually agree as
s, follows:
1. Scope of Services: The Contractor shall perform all the
necessary services provided under this Contract in connec-
tion with the Lubbock Neighborhood Development Program
Area, Project Number Tex. A-14(c), and shall do perform
and carry out in a satisfactory and proper manner, as
determined by the Local Public Agency, the following:
Provide the following improvements for the Guadalupe
Strip Park in accordance with the attached specifica-
tions (Exhibit "A").
a. Site Clearance, Top Soil, and Sand $ 324.00
b. Playground Equipment, Benches
(except drinking fountain) 2,550.00
c. Plant Material 5,705.00
\ ii _ T.ahnr 2 975 00
Sub Total '
10% Contingencies
TOTAL
See Exhibit "C" - Detailed Work Items.
$11,554.00
1,155.00
$12,709.00
2. Time of Performance.: The services of the Contractor are
to commence the 1st day of February 1972, and
shall be undertaken and completed in such sequence as to
assure their expeditious completion but in any event all
of the services required hereunder shall be completed
within 330 days from the date hereof. .
3." Compensation: For and in consideration of the services
to be performed by the Contractor, the Local Public
Agency will pay to the Contractor such portion of the
Contractor's acbual costs as;are eligible to be designated
I
as Item I project improvements, based upon the following estimated
cost figures submitted by the Contractor for material, equipment
..and labor: Final Payment shall be made on actual costs incurred
. .,by the City of Lubbock. Estimated costs are shown below:
See Exhibit "C" for detailed list of work items
a. Site Clearance, Top Soil, and Sand $ 324.00
b. Playground Equipment, Benches
(except drinking fountain) 2,S50.00
c. Plant Material / 5,705.00
d. Labor 2,975.00
Sub Total $11,554.00
10% Contingencies 1,155.00
TOTAL $12,709.00
The total compensation to be paid shall be the actual cost
of the Contractor for labor, material and equipment (rental
rate of equipment shown.on Exhibit "B" attached hereto);
provided that in no event will the maximum compensation paid
to the Contractor exceed $12,709.00.
4. Method of Payment: Payment will be made upon completion
of all work provided for under this contract.
IN WITNESS WHEREOF, the Local Public Agency and the Con-
tractor have executed this Agreement as of the date first above
written.
URBAN RENEWAL AGENCY, OF •THE
CITY OF LUBBOCK, TEXAS
✓BY
ATTEST -
ecretary THE OF LUBBOCK,
6
BY /
ATTE CRANBERRY, MAY R
\ I.
Approved 'ss to forma
ecr
"City of lubbodGr TwR° f_red 0, Senter, Jr., City Att ney
No Text
Item
No.
EXHIBIT "C"
DETAILED WORK ITEMS
Description •Quantity,
Unit of Unit Est. Total
Measure Price Cost in Place
1
Site Clearance
2
Top Soil
200.
j
Cu.Yd.
4a
Sand
54
Cu.Yd.
39
1191 Stallion
3.
Ea.
39a
#2151 Game Time Player Benches
8 i::,
Ea.
-40
0111 Pull -away Merry-go-round`
1
Ea.
41
'1933 Rainbow Climbers
3 ..
Ea.
42
#658 Eagle Flight Swing
1
Ea.
43
#650 Fort Slide
1'. .
Ea.
44
Dwarf Pfitzer Canna Bulb
"President Hoover"
365
Ea.
45
Silver Spreader Juniper, 1 gal.
4S0
Ea.
46
Tamarix Juniper, l gal.
66
Ea.
47
English Ivy 2-1/4" Peat Pots,
I'»
9" centers
94
Doz.
48
Vinca 2-1/4" Peat Pots,
12" centers
1S2
Doz.
49
Variegated Vinca 2-1/4" Peat
Pots, 12" centers
104
Doz.
S0
Cherry Laurel 6' - 91 BB
10 }:
Ea.
51
Chinese Elm 2-1/4" Caliper BB
16 '
Ea. -
52
Fruitless Mulberry 2-1/2"
Caliper BB
21
Ea.
53
Garie Cypress 4' - 5' BB
19
Ea.
54
Golden Rain Tree 2-1/2" - 3"
Caliper BB
7.
Ea.
55
Honeylocust 3-1/2".Caliper BB
35 .;
Ea.
S6
Japanese Black Pine S' - 6' BB
23 !.
Ea.
57.
Japanese Black Pine 5 gal,.
35
Ea.
58.
Multi -Trunk -Red Oak 6"
Caliper -BB
4. ;..
°Ea. ,
S9
..Pecan 2" Caliper BB
16I
Ea.
60
Photinia 5' -..6' BB
22 ::'" 1..
i
`Ea.
Item
Unit of Unit Est. Total
No.
Description
Quantity
Measure Price Cost in Plac
4
61
Russian Olive 2-1/2" Caliper
15`.,,
Ea.
62
Silver Leaf Maple 3-1/2"
Caliper BB
26
Ea.
'63
Western Hackberry 2" - 2-1/2"
- Caliper BB
" .3
Ea.
64
Western Soapberry 2-1/2" - 3"
Caliper BB
9
Ea.
6S
Purple Leaf Plum 1" Caliper BB
19 .�
Ea.-
66
Annual Rye Seed, 2 lbs.
284`;
Lbs.
67
Dwarf Pyracantha 1 gal. 3'
Centers
120
Ea.
68
Bermuda Grass Seed, lb./1,000
'Sq. Ft.
142
Lb.
SUB TOTAL .
10% Contingencies
TOTAL
'j
W
WAIVER
TO BE ATTACHED TO CONTRACT NO. TEX. A-14(c)(1,G)
BY AND BETWEEN THE UNITED STATES OF AMERICA
AND THE URBAN RENEWAL AGENCY OF
THE CITY OF LUBBOCK, TEXAS
WHEREAS, the United States of America (herein called'the
. Government), has entered into a Neighborhood Development Program
Funding Agreement and a Neighborhood Development Program Master
Agreement with the Urban Renewal Agency of the •City of Lubbock,
(herein called the Local Public Agency), Contract Tex. A-14(c)(1,G)
effective date August 19, 1970 (herein called the Contract); and
WHEREAS, Section•106A of the Contract provides in pertinent
part all installation, reconstruction,.demolition, removal and site,
improvements and all other similar work of the Local Public Agency
as a part of the program, will be done under written contract let
by it; and
WHEREAS, Section 106B of the Contract provides among other
things, that the Local Public Agency will give for free, open and
competitive bidding for each contract to be let by it calling for
..installation, construction, reconstruction, demolition, removal or
site improvements work or other similar work as a part of the project;
and
WHEREAS, the Local Public Agency has requested that the pro-
visions of the said Section 106A of the Contract relating to the
letting of written contracts by it by the performance of project
improvements work.and all similar work, and Section'106B of the
Contract relating to competitive bidding respectively, be waived
to the extent necessary to permit the Local Public Agency.to con-
tract with the City of Lubbock, Texas for the performance of certain
project improvements work on an actual cost basis; and
WHEREAS, it appears to be of the mutual benefit of the
—Government and the Local Public Agency to permit such work to be
performed under contract with other public bodies, or contracts let
.by other public bodies obligated by law to let the performance of
such work in accordance with bidding procedures established by State
Statutory Law and the purchase of materials to be used in connection
therewith under such bidding procedures on behalf of the Local
Public Agency;
NOW, THEREFORE, the United States of America, acting by and
through the Secretary of Housing and Urban Development, hereby
waives the provisions of the Master Agreement of the Contract in
the following respects: .
1. Section 106A.of said Contract to the extent necessary
to permit the Local Public Agency to enter into a written
Contract with the City of Lubbock.
2. Section 106B of said Contract to the extent necessary
to permit -the Local Public Agency to negotiate and enter
into Contracts with the City of Lubbock, Texas on an
actual cost basis of certain project improvement work
relating to Guadalupe Park improvements and facilities
of which the estimated cost is $12,709.00 and which have
been designated as Item I.
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