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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. -2- No Text