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HomeMy WebLinkAboutResolution - 012474E - Agreement - URA - Traffic Singal Mast Arm Relocation, 4Th St & Ave O - 01_24_1974RESOLUTION Z 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 directe > execute for and on behalf of the City of Lubbock an AGREEMENT between the Cii f Lubbock and the Urban Renewal Agency of the City of Lubbock covering relocatic f traffic signal mast arm at 4th Street and Avenue O attached herewith which shall e spread upon the minutes of the Council and as spread upon the minutes of this ouncil shall constitute and be a part of this Resolution as if fully copied herein in ;sed by the City Council this 24th day of January 1974. MORRIS W. TURNER, MAYOR TTEST: reva Phillips, City S, cretary-Treasurer PROVED AS TO FORM: ,- - d O. Senter, Jr.. Attorney CONTRACT WITH THE CITY OF LUBBOCK TRAFFIC ENGINEERING DEPARTMENT FOR RELOCATION OF EXISTING FACILITIES NEIGHBORHOOD DEVELOPMENT PROGRAM 3E AREA URBAN RENEWAL PROGRAM TEX. A-14(C) THIS AGREEMENT entered into as of this 24th day of January , 1974, by and between: The Urban Renewal Agency of the City of Lubbock, Texas (hereinafter referred to as the "Agency") and CITY OF LUBBOCK, TEXAS, for TRAFFIC ENGINEERING DEPARTM1M4T (hereinafter referred to as the "Company") WITNESSETH: WHEREAS, the Agency has entered into a Neighborhood Development Program Funding Agreement, further identified as Funding Agreement No. Tex. A-14(C) (LG) effective February 1, 1973, with the United States of America providing.for financial aid to the Local Public Agency under Title I of the Housing Act of 1949 as amended by all amendatory acts; and 14HEREAS, pursuant to such Contract the Agency is developing a site for project improvements in the Lubbock Neighborhood Development Program Area 3E, Urban Renewal Program Tex. A-14(C) as described below, under authority of the Urban Renewal Law of the.State of Texas, Article 1269L-3 V.A.C.S.; and WHEREAS, in exercising the powers conferred upon it under the said Urban Renewal Law of the State of Texas it will be necessary for the Company to relocate, raise, re-route, and/or change the grade and/or alter its existing facilities and services as delineated on Exhibit A attached hereto and made a part hereof; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Scope of Services. The Company shall relocate, raise, re-route, and/or change the grade and/or alter the construction of its facilities and services as delineated on the "Exhibit A" attached hereto and.made a part hereof, by this reference incorporated herein, in connection with the exercise by the Agency of powers conferred upon it under the Urban Renewal Law of the State of Texas, Article 1269L-3 V.A.C.S., in the following generally described area known as the Lubbock Neighborhood Development Program 3E Area, Urban Renewal Program Tex. A-14(C): Bounded 'in general by: 4th Street on the south; Avenue P on the west; South Property Line of Robberson Steel Company on the north; and Avenue 0 on the east. 2. Time of Performance. The Company agrees to coordinate such relocation, removal, re-routing and/or altering the construction of its facilities and services with project execution activities of the Agency. In any case all work required hereunder shall be completed within 30 days from the date of execution of this agreement unless mutually agreed otherwise or Company is prevented from so doing by employees, or agents of the Agency. The importance of time in the completion of the different phases of work cannot be overstressed within this contract. The relocation of the utility system covered under this contract must be coordinated with the construction of the project improvement that will take place upon the applicable site. Construction of the project improvement is in progress; so the utility relocation must be accomplished as quickly as possible. 3. Compensation. Based upon the details of the reimbursable items of work to be performed as shown on Exhibit A hereof, it is agreed that payment shall be the actual and indirect cost, accumulated in accordance with the Company's standard accounting practices, incurred in relocating, raising, -2- re-routing, or changing the construction of any company owned facilities and services by reason of or in conjunction with the exercise by the Agency of the powers conferred upon it by the Urban Renewal Law of the State of Texas (1269L-3, V.A.C.S.,) in the Project Area; and that the total cost of all work performed under this agreement shall not exceed the sum of One Thousand Seven Hundred Fifty Dollars and No Cents ($1,750.00). 4. Method of Payment. The Company's actual and related indirect costs will be paid by the Agency upon receipt of billing prepared in accordance with the Company's standard accounting practices, as the work to be performed by the Company hereunder progresses. The Agency may subject any billing submitted to it by the Company.to audit and the Company shall permit the Agency to have full access to its books and records at all reasonable times for this purpose. -Payment of any bill submitted by the Company to the Agency shall not, however, be held up pending unreasonable delay by the Agency in commencing or completing any such audit. IN WITNESS THEREOF the Agency and the Company have executed this contract as of the date first above written. AGENCY: THE URBAN RENEW4,AGENCY OF THE CITY OF IjUBBOCK _ BY: � ATTEST: H. 0. ALDERSON, SECRETARY COMPANY: CITY OF LUBBOCK, TEXAS, for TRAFFIC ENGINEERING DEPARTMENT i BY: MORRIS W. TURNER, MAYOR WITNESS:. TREVA PHILLIPS, CITY SECRETARY -TREASURER y' APPROVED AS TO FORM: 42 PRED 0. SENTER, JR., ATTORNEY No Text