HomeMy WebLinkAboutResolution - 022477K - Agreement - URA - LP&L Facilities Relocation - 02_24_1977t\ J:lb
RESOLUTION
E 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
ith the URBAN RENEWAL AGENCY of the City of Lubbock covering the re-
location of Lubbock Power and Light facilities within the Urban Renewal pro-
ject area, attached herewith which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be
part of this Resolution as if fully copied herein in detail.
assed by;the City Council this 24th day of February 1977.
ROY BASS, MAYOR
ATTEST:
Treva Phillips, Ci Secretary -Treasurer
APPROVED AS TO FORM:
Fred O. Senter, Jr., Ci Attorney
CONTRACT WITH
LUBBOCK POWER AND LIGHT DEPARTMENT
OF THE CITY OF LUBBOCK
FOR
RELOCATION OF EXISTING FACILITIES
COMMUNITY DEVELOPMENT PROGRAM
AREA TWO
URBAN RENEWAL PROJECT
THIS AGREEMENT entered into as of this 24 #day of FEBRUARY ,
1977, by'and between:
The Urban Renewal Agency of the City of Lubbock,. Texas, (hereinafter
referred to as the "AGENCY") and
LUBBOCK POWER AND LIGHT DEPARTMENT
OF THE CITY OF LUBBOCK
(hereinafter referred to as the "Company")
WITNESSETH:
WHEREAS, the Local Public'Agency has entered into a funding agreement
with the City of Lubbock, Texas, effective May 30, 1976, for financial aid to
the Local Public Agency under Title I of the Housing and Community Development
Act of '1974; and
WHEREAS, pursuant to such Contract the Agency is conducting street and alley
paving operations in Area 2, in the Lubbock Community Development Program,
Urban Renewal Project, 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 Community Development Program Urban Renewal Project,
Area 2.
Bounded in general as shown on Exhibit "B".
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 45 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.
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 made in connection 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 Four Thousand Four Hundred
Seventy -Four Dollars and Thirty Cents ($4,474.30).
Payments will be made in accordance with the agreement on an actual cost basis
for the work originally proposed by terms of the agremeent up to the "estimated
cost not to be exceeded". Amendments shill be made to the agreement.and to
the estimated cost not to exceed for actual additions or deletions in the
proposed work. Cost overruns on the original and/or amended agreement beyond
the estimated cost not to exceed as adjusted for amendments shall be borne by
the utility.
4.. Method of Payment. The Company's actual and related indirect costs
incurred in connection with this contract "up to the estimated cost not to be
exceeded", less the salvage value of the facilities removed by the Company,
will be paid by the Agency upon receipt of statements prepared in accordance
with the Company's standard accounting practices. 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 costs incurred in connection with this
contract is subject to the following conditions:
a) .Payment for relocation shall not be 'reduced because'of extended
service life where facilities are replaced with like service.
b) Credit will not be given for unexpired service life of facilities.
removed.
c) When plant betterment is involved, payment will not be based on the
difference between estimated cost of replacement in kind and actual cost,
but will be based on a percentage of total cost to be determined by the
ratio of required capacity to installed capacity.
Payment of any bill submitted by the Company to the Agency shall not, however,
be delayed unreasonably by the Agency in commencing or completing such audit.
5. Agreements. This agreement hereby incorporates Chapter Six., Utility
Relocation and Adjustment of the Project Improvement, Site Clearance, and
Utility Relocation Handbook, dated February 17, 1976, as adopted by the Board
of Commissioners of the Urban Renewal Agency of the City of Lubbock, Texas, to
which reference is hereby made, and the same is a part of this agreement as if
copied herein verbatum.
IN WITNESS THEREOF, the Agency and the Company have executed this contract
as of the date first above written.
' ATTEST:
Secretary,
Urban Renewal Board
ATTEST:
C-ItY)
C tity l of Lubbock, T as
LUBBOCK POWER AND LIGHT DEPARTMENT
OF THE CITY OF LUBBOCK
BY r
TITLE AtlAynR
URBAN RENEWAL AGENCY OF THE CITY OF
LUBBOCK
BY / ,/n
TIT Chairman, Urban Renewal
Board of Commissioners
FA_CILITY.REVISION ESTIMATE
JR CemieunI ty. Development Area 2 - CD No. B-76-MC-48-0022 _ _-____�_September, 2. 2+ 197
Canven Lake View Apartments
!
North Alley Relocation
LABOR•
EQUIPMENT
TOTAL
install 8 poles, conductor, transfor-
Z
�-
mers, §hardware (23 hrs�
$
1
22
$
T2
00
$
11
5
22
_
,�-
Remove 8, pole,scon -s-t—o --t nsfor
mars, s hardware (12 hrs) --_
tD9f2
46
_
17.
00
i
96
46
t
---5
7
I
i
Clearing Proposed 75' Right.-Of-Way
a
9
1 -
Install 2 -poles and contact primary
conductors
-
-
i
(6 h_rsZ_
—
to
- -
i
--
Remove'2 oles r
7
12
1
'61
oo
i.1.
4i
12 1
r
I
J
ti
i
i.
-1
13
3E
South Ailey_ Revision
Install 2 poles, cut dea_de_n_d and
J
resag primary (4 hrs)
_
!
3
82
'9'
_
0
r 3
82
16
I
1
- is
t6
Duke Street Guaid inst.
South Install 6
i
1
194-
alley
zz
33
!
WV
Rock Factor (5$)
Zs
1
Labor Escalation (5%)
is
I�
i9
i
TOTAL ESTIMATED COST
!
31
32
Note
_ 33
This estimate includes no material
34
charges and/or credits with the excep_
I
`•
!i
3;
tion of the pre-fab pole guards. The
36
expiration date of this estimate is
I
3l
r..
_. _ _ - - ----
six months from.estimate.date.
.
-
`
-t
39
i!
40