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HomeMy WebLinkAboutResolution - 4698 - Agreement-Pakway_Cherry Point NA, TDOT-Nighborhood Enhancement & Beautification - 01_12_1995Resolution No. 4698 January .12, 1995 Item #31 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 a Neighborhood Enhancement and Beautification Agreement by and between the City of Lubbock, Parkway/Cherry Point Neighborhood Association and Texas Department of Transportation. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of January ATTEST: Betty ohnson,(City Secretary APPROVED AS TO CONTENT: Sylvia Maltinez, Manager, Community Development/Neighborhood Initiatives APPROVED AS TO FORM: LqFald 0. V a City Attorney nov:dp\G:lccdoes\CherryXes January 3, 1995 1995. Resolution NO. 4698 January 12, 1995 Item #31 NEIGHBORHOOD ENHANCEMENT AND BEAUTIFICATION PROGRAM AGREEMENT BETWEEN THE CITY OF LUBBOCK, PARKWAY/ CHERRY POINT NEIGHBORHOOD ASSOCIATION, AND TEXAS DEPARTMENT OF TRANSPORTATION STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this 12th day of January , 1995, by and between the CITY OF LUBBOCK (herein called "City"), PARKWAY/CHERRY POINT NEIGHBORHOOD ASSOCIATION (herein called "Neighborhood Association"), and TEXAS DEPARTMENT OF TRANSPORTATION (herein called "State"). WHEREAS, the Community Development and Neighborhood Initiatives of the City of Lubbock has established a Neighborhood Enhancement and Beautification Program utilizing Community Development Block Grant Funds pursuant to Title I of the Housing and Community Development Act of 1974 as amended, 42 U.S.C. 5301 et seq., and 24 CFR §570; and WHEREAS, the Parkway/Cherry point Neighborhood Association has proposed to install a neighborhood entrance sign and landscaping at the southeast corner of Martin Luther King Boulevard and 4th Street; and WHEREAS, the State has granted permission for placement of a mural on U.S. 82 (4th Street) at Martin Luther King Boulevard on the public right of way, under certain conditions as described in this Agreement; and WHEREAS, the services provided by the Neighborhood Association benefit residents of the area and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared the services provided by the Neighborhood Association to be a public purpose; and WHEREAS, the Neighborhood Association and the services it seeks to provide have been found to meet the criteria for funding under 24 CFR Part 570; and WHEREAS, the accomplishment of the above public purpose is the predominate purpose of this transaction; continuing supervision by the City together with statutory and contractual requirements provide sufficient assurance that the public purpose will be accomplished; and the City will receive adequate consideration in the form of substantial public benefit; and WHEREAS, the City desires to contract with the Neighborhood Association to install a neighborhood entrance sign and landscaping at the southeast corner of Martin Luther King Boulevard and 4th Street (U.S. 82); NOW, THEREFORE, it is agreed between the parties hereto that: A. City Responsibilities 1. City agrees to provide the Neighborhood Association with assistance from CDBG funds in an amount not to exceed TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) in return for the Neighborhood Association providing a match in the amount of SEVENTEEN THOUSAND SIX HUNDRED TWENTY-FIVE AND NO/100 DOLLARS ($17,625.00) in the form of cash, volunteer labor, and in -kind donations to be used in the performance of the activities set forth in this Agreement as consideration for said funds. 2. City's financial assistance will be limited to the following: a. The assistance made available through this Agreement shall be used by the Neighborhood Association for the purpose of installing a neighborhood entrance sign and landscaping at the southeast corner of Martin Luther King Boulevard and 4th Street. b. The match for this program is provided in the form of cash, professional services, volunteer labor, or in -kind donations. 3. City agrees to the conditions required by the State as listed in Section I. B. 6. below. B. Neighborhood Association's Responsibilities 1. Neighborhood Association agrees to use the funds made available through this Agreement solely for the purpose of installing a neighborhood entrance sign and landscaping at the Southeast comer of Martin Luther King Boulevard and 4th Street. 2. Neighborhood Association agrees to provide a SEVENTEEN THOUSAND, SIX HUNDRED TWENTY-FIVE AND NO/100 DOLLAR ($17,625.00) match in the form of cash, professional services, volunteer labor, or in -kind donations; and 3. Neighborhood Association agrees to install a neighborhood entrance sign and landscaping at the southeast corner of Martin Luther King Boulevard and 4th Street (U.S. 82) in accordance with the project proposal (a copy of which is attached hereto as Exhibit A and incorporated herein) unless prior written consent for any deviation is obtained from the City's Manager of Community Development / Neighborhood Initiatives; and 4. Neighborhood Association agrees to provide progress reports to the City every thirty (30) days beginning thirty days from the date of this Agreement and continuing until Neighborhood Association's responsibilities under this Agreement are completed; and 5. All purchase order requests from the Neighborhood Association will be submitted first to the Community Development / Neighborhood Initiatives Office for approval. Upon completion of this project, if the entire funded amount is not used, Neighborhood Association agrees to refund any unused portion to the City within thirty days; and 6. Neighborhood Association agrees to abide by the following conditions required by the State in exchange for placement of the mural on the public right of way : a. Location of the mural will be mutually agreed upon between the Neighborhood Association and the State; and b. Depiction of the mural will be presented to the State for consideration and approval prior to establishment of the mural; and C. The work involved shall not in any way interfere with the normal function of the intersection; and d. No vending or solicitation will be permitted on the site; and e. Possible extension of the East freeway from IH 27 northeast along Parkway Drive (U.S. 82) northeast to Loop 289 could possibly necessitate the relocation of the mural at some future date; and f. State has no responsibility for funding, erecting or maintenance of the proposed mural; and g. State shall not bear any responsibility for defacement or vandalism of the work, and if the mural is defaced and not repaired, it shall be removed by the Neighborhood Association or the City and the site restored to its original condition at no expense to the State. h. The Neighborhood Association shall notify the State before doing any work on the right-of-way. i. Prior to installation of the neighborhood entrance sign along the State's right-of-way, the Neighborhood Association and/or its contractor(s) shall furnish State a completed Certificate of Insurance (Form 1560). A copy of the Certificate of Insurance (Form 1560) shall be attached hereto and identified as "EXHIBIT A". C. State's Responsibilities 1. State agrees to grant permission for placement of a mural by the City and the Neighborhood Association on U.S. 82 at Martin Luther King Boulevard subject to the conditions listed at Section I. B. 6. of this Agreement; and 2. State agrees to provide the grading and shrubbery for the project; however 3. State does not convey any interest or ownership of any State right-of-way to the Neighborhood Association. This Agreement shall commence January 12 , 1995, and shall terminate June 1, 1995. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Neighborhood Association remains in control of Community Development Block Grant funds, and so long as the mural remains on the State right-of-way. III. PAYMENT City will pay up to TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) to Neighborhood Association based upon the receipt of requests for funds and project 1IV VI. expense summaries for the installation a neighborhood entrance sign and landscaping at the southeast corner of Martin Luther King Boulevard and 4th Street, as described in Exhibit A. Communication and details concerning this Agreement shall be directed to the following contract representatives: Sylvia Martinez Manager, Community Development/ Neighborhood Initiatives City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Woody Marcy Texas Dept. of Transportation P.O. Box 771 Lubbock, Texas 79408 Cassandra Stephens Parkway / Cherry Point Neighborhood Association 2606 E. Bates Lubbock, Texas 79403 Neighborhood Association agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning the Community Development Block Grant Program and all Federal regulations and policies issued pursuant to these regulations. A. General Compliance Neighborhood Association agrees to comply with all applicable Federal, State and local laws and regulations governing the funds provided under this Agreement which were available under City's Community Development Block Grant Program. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Neighborhood Association shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. City shall be exempt from pay of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation Insurance as the Neighborhood Association is an independent contractor. C. Hold Harmless Neighborhood Association shall hold harmless, defend and indemnify City and the State from any and all claims, actions, suits, charges and judgments whatsoever that arise out of Neighborhood Association's performance or nonperformance of the services or subject matter called for in this Agreement. D. City Recognition Neighborhood Association shall insure recognition of the role of City's Community Development Block Grant Program in providing funding through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Neighborhood Association shall include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. E. Amendments City or Neighborhood Association may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and area executed in writing, signed by a duly authorized representative a of both organizations and approved by the City Council if required by law. Such amendments shall not invalidate this Agreement or relieve or release City or Neighborhood Association from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with federal, State or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in funding, the scope of services, or the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both City and Neighborhood Association. F. Suspension or Termination Any party may terminate this Agreement at any time by giving written notice to the other parties of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Partial termination of the Scope of Service in Paragraph I.B. above may only be undertaken with prior approval of the City. City or State may also suspend or terminate this Agreement, in whole or in part, if Neighborhood Association materially fails to comply with any term of this Agreement, or with any of the rules regulations or provisions referred to herein. In the event there is probable cause to believe Neighborhood Association is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen percent (15%) of said Contract funds until such time as Neighborhood Association is found to be in compliance by City or is otherwise adjudicated to be in compliance. A. Financial Management 4MW Neighborhood Association agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. Neighborhood Association shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Nonprofit Organizations," for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record -Keeping Neighborhood Association shall maintain all records required by the federal regulations specified in 24 CFR §570.506, and that are pertinent to the activities to be funded under this Agreement. Neighborhood Association shall retain all records pertinent to expenditures incurred under this Agreement for a period of three (3) years after the termination of all activities funded under this Agreement, or after the resolution of all Federal audit findings, whichever occurs later. All Neighborhood Association records with respect to any matters covered by this Agreement shall be made available to City, their designees or the Federal Government, at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by Neighborhood Association within thirty (30) days after receipt by the Grantee. Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. A. Civil Rights Neighborhood Association agrees to comply and to require all subcontractors to comply with Title VI of the Civil Rights Act of 1964, as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age of Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246, as amended by Executive Orders 11375 and 12086. B. Employment Restrictions Neighborhood Association agrees to comply and require all subcontractors to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act, as amended, the provisions of Contract Work Hours, the Safety Standards Act, the Copeland "Anti -Kickback" Act and all other applicable Federal, State and local laws pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Neighborhood Association will maintain documentation which demonstrates compliance with hour and wage requirements of this part, this documentation shall be made available to the City for review upon request. Neighborhood Association agrees that all contractors engaged under contracts in excess of TWO THOUSAND AND NO/100 DOLLARS ($2000.00) for construction, renovation or repair of any building or work financed in whole or in part which assistance provided under this Agreement shall comply with Federal requirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 1,3, 5 and 7 governing payment of wages and ratios of apprentices and trainees to journeymen; provided that if wage rates higher than those required under the regulations are imposed by State or local law, nothing hereunder is intended to relieve the Neighborhood Association of its obligation if any, to require payment of the higher wage. 2. "Section 3" Clause Neighborhood Association agrees to comply with the provisions of Section 3 and to include the following clause in all subcontracts executed under this Agreement: "The Work to be performed under this Contract is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and awarded to business concerns which are located in or owned in substantial part by persons residing in the areas of the project." C. Conduct Neighborhood Association is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities, lobbying, political patronage, and nepotism. Neighborhood Association and City agree to abide by the provisions of 24 CFR § 570.611 with respect to conflicts of interest, and Neighborhood Association covenants that it presently has no financial interest, direct or indirect, which would conflict in any manner or degree with the performance of the services required under this Contract and that no person having such an interest will be employed as or by the subcontractor carrying out this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first ATTEST: Betty Ivf Johnson,. ity Secretary APPROVED AS TO CONTENT: Sylvi Martinez, Manager, Community Development/Neighborhoo Initiatives Doug Goo , Director of Health and Comm ty Services. APPROVED AS TO FORM: Linda L. Chamales, Assistant City Attorney PARKWAY / CHERRY POINT GHBORHOOD ASSOCIATION CASSAND RA S PH NS CO-CHAIRMEN STATE OF TEXAS DEPARTMENT OF TRANSPORTATION Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002. IM Lubbock District Engineer "EXHIBIT A" TxDOT form No.1560 (Rev.12-91) Previous editions of this form may not be used. NOTE: Copies of the endorsements listed below are not required as attach - TEXAS ments to this certificate. DEPARTMENT OF TRANSPORTATION CERTIFICATE OF INSURANCE 40 FOR STATE-WIDE BID CONTRACTS The named contractor shall not commence work until he/she has obtained the minimum insurance specified in Section II, below, and obtained the following endorsements: the Texas Department of Transportation as an Additional Insured for coverages 3 and 4, and a Waiver of Subrogation in favor of the same department under coverages 2, 3 and 4. Only certificates of insurance published by this department are acceptable as proof of insurance. Commercial carriers' certificates are unacceptable. SECTION I - IDENTIFICATION DATA 1.1 Insured Contractor's Name 1.2 Street/Mailing Address 1.3 City 1.4 State 1.5 Zlp 1.6 Phone Number Area Code ( ) SECTION 11- TYPE OF INSURANCE Type Policy Effective Expiration Limits of Liability Number: Date: Date: Not Less Than: 2. WORKERS' COMPENSATION 2.1 2.2 2.3 Statutory - Texas Endorsed with a Waiver of Subrogation in favor of the Texas Department of Transportation. 3. COMMERCIAL GENERAL LIABILITY Bodily Injury/Property 3.1 3.2 3.3 $600,000 combined Damage single limit each occurrence and in the aggregate Endorsed with the Texas Department of Transportation as an Additional Insured and endorsed with a Waiver of Subrogation in favor of the Texas Department of Transportation. 4. TEXAS BUSINESS AUTOMOBILE POLICY A. Bodily Injury 4.1 4.2 4.3 $250,000 ea. person $500,000 ea. occurrence B. Property Damage 4.4 4.5 4.6 $100,000 ea. occurrence Endorsed with the Texas Department of Transportation as an Additional Insured and endorsed with a Waiver of Subrogation in favor of the Texas Department of Transportation. S. UMBRELLA POLICY (If Applicable) 5.1 5.2 5.3 $ SECTION III - CERTIFICATION This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters the coverage afforded by the above insurance policies issued by the insurance company named below. Cancellation of the insurance policies shall not be made until THIRTY DAYS AFTER the undersigned agent or his/her company has sent written notices by certified mail to the contractor and the Texas Department of Transportation. THIS IS TO CERTIFY to the Texas Department of Transportation, acting on behalf of the State of Texas, that the insurance policies above meet all the requirements stipulated above and such policies are in full force and effect. 6.1 Name of Insurance Company 7.1 Name of Authorized Agent 6.2 Company Address 7.2 Agent's Address 6.3 City 6.4 State 6.5 Zip 7.3 City 7.4 State Zip T. 7.6 Authorized Agent's Phone No. Area Code ( ) __ Original Signature of Authorized Agent Date TxDOT Form No. 1560 (Back) Texas Department of Transportation Certificate of Insurance Requirements: Only the TxDOT's certificate of insurance forms are acceptable asproof of insurance. The named insured on the certificate and the name of the contractor, as it appears on the contract with the TxDOT, must be the same. (Note: In a case where the contract is in the name of a party such as "John Jones dba Jones Construction Company," the named insured on the C.O.I. may be "Jones Construction Company" and vice versa. Also the abbreviations of "Co." for "Company" and 'Inc." for "Incorporated" are acceptable.) Over -stamping and/or typed entries made on the certificate of insurance by the agency/insuring company are unacceptable if such entries change the provisions of the certificate in any manner. The following requirements apply to Workers' Compensation coverage: • If a contractor has any employees, in addition to himself/herself, then the contractor is required to have workers' compensation insurance. • The word STATUTORY, under limits of liability, means that the benefits allowed under the Texas Workers' Compensation Law will be paid by the insurer. • Relatives of the contractor (spouse, sons, daughters) must be covered by workers' compensation insurance. GROUP HEALTH insurance may not be substituted for WORKERS' COMPENSATION insurance. Commercial General Liability insurance is usually sold in only Combined Single Limit coverage. In the event the coverages are specified separately, they must be at least these amounts: Bodily Injury — $500,000 each occurrence Property Damage — $100,000 each occurrence $100,000 aggregate Note: This coverage was previously known as Comprehensive General Liability insurance. Some older policies may still carry this identification.. This is acceptable. MANUFACTURERS' AND CONTRACTORS' LIABILITY insurance is not an acceptable substitute for COMMERCIAL GENERAL LIABILITY insurance. The coverage amount for a TEXAS BUSINESS AUTOMOBILE POLICY or Comprehensive Automobile Liability may be shown as a minimum of $600,000 Combined Single Limit by a typed or printed entry and deletion of the specific amounts listed for Bodily Injury and Property Damage. BASIC AUTOMOBILE LIABILITY insurance is not an acceptable substitute for a TEXAS BUSINESS AUTOMOBILE POLICY or COMPREHENSIVE AUTOMOBILE LIABILITY insurance. The signature of the agent must be original in ink; stamped/typed/printed signatures are unacceptable. This form may be reproduced. Any color paper is acceptable. The certificate of insurance, once on file with the department, is good for subsequent contracts provided adequate coverage is still in effect. With an original on file, other TxDOT offices will accept copies.