HomeMy WebLinkAboutResolution - 1398B - Funding Agreement - TPWD - Certificate Of Land Dedication, Neighborhood Parks - 05/26/1983.IMS: j s
RESOLUTION
RESOLUTION 1398-B - 5/26/83
Proj. No. 20-00094
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF LUBBOCK
TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE STATE OF
TEXAS PARKS AND WILDLIFE DEPARTMENT AND A CERTIFICATE OF LAND DEDICATION FOR
PARK USE.
WHEREAS, on February 10, 1983, the City Council of the City of Lubbock
passed Resolution Number 1316 authorizing the Mayor of the City of Lubbock to
execute on behalf of the City of Lubbock Applications for Matching Grants pro-
vided by the Land and Water Conservation Fund Program and the Texas Local Parks
Recreation and Open Space Fund Program for acquisition and development of out-
door recreation areas and facilities, including all understandings and assurw:.
ances connected therewith; and
WHEREAS, the City of Lubbock applied for a matching grant from the Texas
Local Parks, Recreation and Open Space Program for the development of four
neighborhood parks consisting of Berry Park, Chatman Park, Hollins Park and
Pioneer Park; and
WHEREAS, the Texas Parks and Wildlife Department has approved a matching
grant of $42,188 to fund the Lubbock Neighborhood Parks Project No. 20-00094;
and
WHEREAS, the City Council of the City of Lubbock finds that the citizens
of the City of Lubbock will benefit from the execution of the proposed project
and desires to accept said matching grant; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock BE -and is hereby au-
thorized and directed to execute for and on behalf of the City of Lubbock a
Texas Local Parks, Recreation and Open Space Fund.Agreement for Project Number
20-00094 entitled Lubbock Neighborhood Parks between the City of Lubbock and
the State of Texas Parks and Wildlife Department, which Agreement, attached
herewith, shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
SECTION 2. THAT the Mayor of the City of Lubbock BE�and is hereby au-
thorized and directed to execute for and on behalf of the City of Lubbock a
Certificate of Land Dedication for Park Use for the property described in the
scope of the project agreement for the Lubbock Neighborhood Warks Project No.
20-00094, which Certificate, attached herewith, shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 26th day of 1983.
B McA T! -STEP,, MWINk,
ATTEST:
EtTelyn G fga, Cit S r ary-Treasurer
APPROVED AS TO CONTENT:
Jim,Yeston, Director of Community Facilities
APPROVED AS TO FORM:
J M. Sherwin, Assistant City Attorney
IMI
TEXAS PARKS AND WILDLIFE DEPARTMENT
RESOLUTION 1398-B - 5/26/83
cl- c" -Fid `:'1F
Texas Local Parks, Recreation, and Open Space Fund Agreement
COPY
Texas Parks and Wildlife Department Number 20-00094
Project Name Lubbock neighborhood Parks
Project Period 5-15-83 to 5-15-86
Project Cost $84.376 Approved State Funds
$42.188
The undersigned political subdivision agrees to furnish the Department a comprehensive
report detailing the present and anticipated use of the property, any contiguous
additions to the property and any major changes in the character of the property,
including the extent of park development which may have taken place. This report will
be furnished on the anniversary date of the grant (date the Department signed this
project agreement) for five years.
PROJECT SCOPE (Description of Project)
The City of Lubbock will develop four neighborhood parks as folio:-rs:
The initial development of 3+ acre Berry Park to include 4 picnic units with individual
covers. playground. unlightel'volleyball court, benches and signs;
The further development of existing 3 acre Chatman Park to include 6 picnic units with
individual coverse playground. benches and signs;
The further development of existing 3 acre Hollins Park to include 6 picnic units with
individual covers, playground, landscaping and signs;
The further development of existing 5 acre Pioneer Park to include. site preparation,
4 picnic units with individual covers, landscaping and signs.
A PERMANENT PROJECT RECOGNITION SIGN OR PLAQUE IS REQUIRED TO BE MAINTAINED AT EACH PROJECT
SITE.
ALL UTILITY LINES WILL BE PLACED UNDERGROUND.
The following attachment is hereby incorporated into this Agreement General
Provisions dated June, 1980
* STATE OF TEXAS *
BY
Charles D. Travis
TITLE Executive Director
DATE
APP OVED AS` T0, CONTENT:
`v— J r
Jim)ej�stop, Director of
Commdnity Facilities
* POLITICAL SUBDIVISION
BILL McALISTER, MAYOR
NAME AND TITLE TYPE
DATE MAY 2 6 1983
Approved as mL,,. ^/'�/corm
. `
A dant Clty Attorney
May 16, 1983
Mr. Larry Cunningham
City Manager
P. 0. Box 2000
Lubbock, Texas 79457
Dear Mr. Cunningham:
The Texas Parks and Wildlife Commission has approved your project
proposal for Lubbock Neighborhood Parks, Project Number 20-00094
to be supported with State Local Parks, Recreation, and Open Space
funds.
The Department can now initiate action for a contract (project agreement)
between the Department and the City of Lubbock. Enclosed are three
copies of the contract (project agreement) between the Department and
the City of Lubbock and two copies of Certificate of Land Dedication
for Park Use. Please sign the original plus one copy of the contract
and one copy of .the Certificate and return them to us. Upon receipt
of the agreements and Certificate, the Department will execute the agreement
and provide you one copy of the agreement along with the formal letter
of approval and project instructions.
Also enclosed is a copy of the tabular summary and site map for the
project being supported.
Sincerely,
t
i m . K p
ief/Grants id Branch
WRK: de
Enclosures
cc: South Plains Association of Governments
T-1-A�
Celebrating One Hundred and Fifty Years — 1836 - 1986
TEXAS
MA
PARKS AND WILDLIFE DEPARTM ENT
COMMISSIONERS
COMMISSIONERS
PERRY R. BASS
f,
{
W. B. OSBORN, JR.
Chairman, Fort Worth
`v
Santa Elena
JAMES R. PAXTON
WM. O. BRAECKLEIN
Vice -Chairman, Palestine
Dallas
CHARLES D. TRAVIS
EDWIN L. COX, JR.
EXECUTIVE DIRECTOR
WM. M. WHELESS, III
Athens
Houston
4200 Smith School Road
Austin, Texas 78744
May 16, 1983
Mr. Larry Cunningham
City Manager
P. 0. Box 2000
Lubbock, Texas 79457
Dear Mr. Cunningham:
The Texas Parks and Wildlife Commission has approved your project
proposal for Lubbock Neighborhood Parks, Project Number 20-00094
to be supported with State Local Parks, Recreation, and Open Space
funds.
The Department can now initiate action for a contract (project agreement)
between the Department and the City of Lubbock. Enclosed are three
copies of the contract (project agreement) between the Department and
the City of Lubbock and two copies of Certificate of Land Dedication
for Park Use. Please sign the original plus one copy of the contract
and one copy of .the Certificate and return them to us. Upon receipt
of the agreements and Certificate, the Department will execute the agreement
and provide you one copy of the agreement along with the formal letter
of approval and project instructions.
Also enclosed is a copy of the tabular summary and site map for the
project being supported.
Sincerely,
t
i m . K p
ief/Grants id Branch
WRK: de
Enclosures
cc: South Plains Association of Governments
T-1-A�
Celebrating One Hundred and Fifty Years — 1836 - 1986
46G1 LPF
CERTIFICATE OF LAND DEDICATION FOR PARK USE
(LPF Program)
This is to certify that a permanent record shall be kept in the
City of Lubbock public property records and available for
pity, county—,other)
Public inspection to the effect that the property described in the scope
of the project agreement for Lubbock Nei hborhood Perks (Project
name of par
Number 20-00094 ), and the dated project boundary map made part of that
agreement, has been acquired or developed with Texas Local Parks, Recreation,
and Open Space Fund Program assistance, and that it cannot be converted to
other than public outdoor recreation use without the written approval of the
Executive Director of the Texas Parks and Wildlife Department.
AP OVID =TENT:
r
Jim eston, Director of
G n6finity Facilities
N
OF 4601-42 (8/82)
BILL MCALISTER',. MAYOR
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4601-LPF '(6-80) 1
TEXAS LOCAL PARKS, RECREATION, AND OPEN SPACE FUND PROJECT AGREEMENT
General Provisions
Part I Definitions
A. The term "Department" as used herein means the Texas Parks and Wildlife
Department.
B. The term "Director" as used herein means the Executive Director of the
Texas Parks and Wildlife Department, or any representative lawfuly
delegated the authority to act for the Executive Director.
C. The term "Project" as used herein means a single project which is the
subject of this project agreement.
D. The term "Participant" as used herein means the political subdivision
which is party to the project agreement.
E. The term "Fund" as used herein means the Texas Local Parks, Recreation,
and Open Space Fund.
F. The term "Procedural Guide" as used herein means the Procedural Guide
for the Land and Water Conservation Fund Program.'
Part II - Continuing Assurances
The parties to the project agreement specifically recognize that the Texas
Local Parks, Recreation, and Open Space Fund assistance project creates an
obligation to maintain the property described in the project agreement
consistent with the Texas Local Parks, Recreation, and Open Space Fund Act
and the following requirements:
A. The Participant agrees that the property described in the project
agreement and the dated project boundary map made part of that agreement is
being acquired or developed with fund assistance, and that it shall not be
2
converted to other than public recreation use but shall be maintained in
public recreation in perpetuity or for the term of the.lease in the case of
leased property.
B. The Participant agrees that the benefit to be derived by the State of
Texas from the full compliance by the Participant with the terms of this
agreement is the preservation, protection, and the net increase in the
quality of public recreation facilities and resources which are available
to the people of the State, and such benefit exceeds to an immeasurable and
unascertainable extent the amount of money furnished by the State by way of
assistance under the terms of this agreement.
C. The Participant agrees that the property and facilities described in
the project agreement shall be operated and maintained as prescribed by
Appendix N of the Procedural Guide.
D. The Participant agrees that a permanent record shall be kept and
available for public inspection to the effect that the property described in
the scope of the project agreement, and the dated project boundary map made
part of that agreement, has been acquired or developed with Fund assistance
and that it cannot be converted to other than public recreation use.
E. Nondiscrimination
1. The Participant shall comply with Title VI of the Civil Rights Act
of 1964 and in accordance with Title VI of that Act, no person in the
United States shall, on the grounds of race, religion, color, sex, or
national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination in the use of
any property or facility acquired or developed pursuant to the project
agreement. The Participant shall immediately take any measures neces-
sary to effectuate this provision.
2. The. Participant shall comply with Title VI of the Civil Rights Act
of 1964, which in part,
3
a) prohibits discriminatory employment practices resulting in
unequal treatment of persons who are or should be benefiting
from the grant -aided facility.
b) prohibits discriminating against any person on the basis of
residence.
Part III - Project Assurances
A. Project Application
1. The Application for State Assistance bearing the same project
number as the agreement and associated documents is by this reference
made a part of the agreement.
2. The Participant possesses legal authority to apply for the grant
and to finance and construct the proposed facilities. A resolution,
motion, or similar action has been duly adopted or passed authorizing
the filing of the application, including all understandings and
assurances contained therein, and directing and authorizing the person
identified as the official representative of the Participant to act in
connection with the application and to provide such additional infor-
mation as may be required.
3. The Participant has the ability and intention to finance the non -
State share of the costs for the project. Sufficient funds will be
available to assure effective operation and maintenance of the
facilities acquired or developed by the project.
B. Project Execution
1. The project period shall begin with the date of approval of the
project agreement or the effective date of a waiver of retroactivity
and shall terminate at the end of the stated or amended project period
4
unless the project is completed or terminated sooner in which event the
project period shall end on the date of completion or termination.
2. The Participant will cause work on the project to be commenced
within a reasonable time after receipt of notification that funds have
been approved and assure that the project will be prosecuted to
completion with reasonable diligence.
3. The Participant will require the facility to be designed to
comply with the minimum requirements for accessibility for the Nandi -
capped under the provisions of Section 7, Article 601b, V.T.C.S. (S.B.
#111). The Participant will be responsible for conducting inspections
to insure compliance with these specifications by the contractor.
4. The Participant shall secure completion of the work in accordance
with approved construction plans and specifications, and shall secure
compliance with all Federal, State, local laws and regulations.
5. In the event the project covered by the project agreement cannot
be completed in accordance with the plans and specifications for the
project, the Participant shall bring the project to the point of recre-
ational usefulness agreed upon by the Participant and the Director or
his designee.
6. The Participant will provide for and maintain competent and
adequate architectural engineering supervision and inspection at the
construction site to insure that the completed work conforms with the
approved plans and specifications; also, it will furnish progress
reports and such other information as the Department may require.
7. The Participant will comply with the terms of Title II and
Title III, the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646) 94 Stat. 1894 (1970),
and the applicable regulations and procedures implementing such Act
for all real property acquisitions and where applicable shall assure
5
that the Act has been complied with for property to be developed with
assistance under the project agreement.
8. The Participant will comply with the provisions of: Executive
Order 11988, relating to evaluation.of flood hazards; Executive Order
11288, relating to the prevention, control, and abatement of water
Pollution, Executive Order '11990, relating to the protection of
wetlands, and the Flood Disaster Protection Act of 1973 (P.L. 93-234)
87 Stat. 975.
9. The Participant will assist the Department in its compliance with
Section 106 of the National Historic Preservation Act of 1966 and the
Archeological and Historic Preservation Act of 1966 by
a) consulting with the Texas Historical Commission on the
conduct of investigations, as necessary, to identify
properties listed in or eligible for inclusion in the
National Register of Historic Places that are subject to
affects by the activity, and to notify the Department of the
existence of any such properties, and by
b) complying with all requirements established by the
Department to avoid or mitigate adverse affects upon such
properties.
C. Construction Contracted for by the Participant Shall Meet the
Following Requirements:
1. Contracts for construction in excess of $5,000 shall be awarded
through a process of competitive bidding involving formal advertising,
with adequate purchase description, sealed bids, and public openings.
Copies of all advertisements, bids, and a copy of the contract shall be
provided the Director.
2. The Participant shall inform all bidders on contracts for
construction that Program Funds are being used to assist in
construction.
3. Written change orders shall be issued for all necessary changes
in the facility being constructed. Such change orders shall be sub-
mitted to the Department for,review and, if approved, shall be made a
part of the project file and should be kept available for audit.
4. Contracts for construction shall include a provision for
compliance with the Copeland "Anti -kickback" Act.
5. The Participant shall incorporate, or cause to be incorporated,
into all construcion contracts the following provisions:
"During the performance of this contract, the contractor agrees as
follows:
"(1) The contractor will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, or
national origin. The contractor will take affirmative action to
insure that applicants are employed, and that employees are treated
during employment, without regard to their race, religion, color, sex,
or national origin. Such action shall include, but not be limited to,
the following: employment, upgrading, demotion or transfer; recruit-
ment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection of training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of
the nondiscrimination clause."
"(2) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, religion, color, sex, or national origin."
7
"(3) The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency
contracting officer, advising the labor union or workers' represen-
tative of the contractor's commitments under Section 202 of Executive
Order No. 11246, as amended (3CFR 169 (1974)), and shall post copies of
notices in conspicuous places available to employees and applicants
for employment."
"(4) The contractor will comply with all provisions of Executive Order
No. 11246, as amended, and the rules, regulations, and relevant orders
of the Secretary of Labor."
"(5) The contractor will furnish all information and reports required
by Executive Order No. 11246, as amended, and by the rules, regula-
tions, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investi-.
gation to ascertain compliance with such rules, regulations, and
orders."
"(6) In the event of the contractor's noncompliance with the non-
discrimination clauses of this contract or with any of such rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with
procedures authorized in Executive Order No. 11246, as amended, and
such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246, as amended, or by rule, regulations, or order of
the Secretary of Labor, or as otherwise provided by law."
"(7). The contractor will include the provisions of Paragraphs (1)
through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order No. 11246, as amended, so
that such provisions will be binding upon each subcontractor or
E
vendor. The contractor will take such action with respect to any
subcontract or purchase order as the contracting agency may direct as
means of enforcing such provisions, including sanctions for noncom-
pliance: Provided, however, that in the event the contractor becomes
involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the
contractor may request the United States to enter into such litigation
to protect the interests of the United States."
D. Conflict of Interests
1. No official or employee of the State or Local Government who is
authorized in his official capacity to negotiate, make, accept, or
approve, or to take part in such decisions regarding a contract or
subcontract in connection with this project shall have any financial
or other personal interest in any such contract.
2. No person performing services for the State or Local Government
in connection with this project shall have a financial or other
personal interest other than his employment or retention by the State
or Local Government, in any contract or subcontract in connection with
this project. No officer or employee of such person retained by the
State or Local Government shall have any financial or other personal
interest in any real property acquired for this project unless such
interest is openly disclosed upon the public records of the State, and
such officer, employee or person has not participated in the acqui-
sition for or on behalf of the Participant.
E.. Project Costs
Project Costs eligible for assistance shall be determined upon the
basis of the criteria set forth by the Federal Land and Water
Conservation Fund Program, and House Bill 233, Acts of the 66th
Legislature, 1979.
c O
'
g
F. Project Administration
1. The Participant shall promptly submit such reports and
documentation as the Director may request.
2. Properties and facilities acquired or developed with Fund
assistance shall be available for inspection by the Department at such
intervals as the Director shall require. The Participant will
promptly submit status reports as required by the Director.
G.' Retention and Custodial Requirements for Records
1. Financial records, supporting documents, statistical records, and
all other records pertinent to this grant shall be retained for a
period of three years after final payment; except the records shall be
retained beyond the three-year period if audit findings have not been
resolved.
2. The retention period starts from the date of the final
expenditures report for the project.
3. Microfilm copies are authorized in lieu of original records.
4. The Director, State Comptroller of Public Accounts, State
Auditors Office, or any of their duly authorized representatives,
shall have access to any books, documents, papers, and records of the
Participant which are pertinent to a specific project for the purpose
of making audits, examinations, excerpts and transcripts.
H. Project Termination
1. The Director may temporarily suspend State assistance under the
project pending corrective action by the Participant or pending a
decision to terminate the grant by the Department..
10
2. The Participant may unilaterally terminate the project at any
time prior to the first payment on the project. After the initial
payment, the project may be terminated, modified, or amended by the
Participant only by mutual agreement with the Department.
3. The Director may terminate the project in whole, or in part, at
any time before the date of completion, whenever it is determined that
the Participant has failed to comply with the conditions of the grant.
The Director will promptly notify the Participant in writing of the
determination and the reasons for termination, together with the
effective date. Payments made to the Participant or recoveries by the
Department under projects terminated for cause shall be in accord with
the legal rights -and ,liabilities of the parites.
4. The Director or Participant may terminate grants in whole, or in
part at any time before the date of completion, when both parties agree
that the continuation of the project would not produce beneficial
results commensurate with the further expenditure of funds. The two
parties shall agree upon the termination conditions, including the
effective date and, in the case of partial termination, the portions to
be terminated. The Participant shall not incur new obligations for the
terminated portion after the effective date and shall cancel as many
outstanding obligations as possible. The'Department may allow full
credit to the Participant for the State share of the noncancellable
obligations, properly incurred by the Participant prior to termina-
tion.
5. Termination either for cause or for convenience requires that the
project in question be brought to a state of recreational usefulness
agreed upon by the Participant and the Director or that all funds
provided by the Department be returned.
3. Construction
a. Site preparation
20-00094
1. Demolition of existing
pavilion
4,000.00
b. Recreational facilities
LUBBOCK
NEIGHBORHOOD PARKS
invidivual covers
26,000.00
SUMMARY
31,368.00
3. 1 unlighted volleyball
(4 -Parks)
1,560.00
c. Miscellaneous
COMPLETE
COMPLETE TOTAL
2. Landscaping (tree planting)
12,876.00
ESTIMATE LAST BILLING
SINCE COMPLETE
1. Site Plans
$
N/A
$
N/A
2. Construction Plans and
Specifications
A/E
$
5,710.00
$
5;710.00
3. Construction
a. Site preparation
1. Demolition of existing
pavilion
4,000.00
b. Recreational facilities
1. 20 picnic units with
invidivual covers
26,000.00
2. 3 playgrounds
31,368.00
3. 1 unlighted volleyball
court
1,560.00
c. Miscellaneous
1. Benches
862.00
2. Landscaping (tree planting)
12,876.00
3. Contingencies and signs
2,000.00
78,666.00
4. Land $ N/A
$ N/A
5. State Administrative Costs $ N/A
$ N/A
TOTALS $ 84 76.00
OF 4601-37 (3/821 Match $ 42, 188.00
I
1. Site Plans
2. Construction Plans and
_pec cat ons
A/ E
3. Construction
a.ecreational facilities
1. 4 picnic units with
individual covers
2. Playground
3. Unlighted volleyball
court
b. Miscellaneous
1. Benches
2. Contingencies and sig
4. Land
5. State Administrative Costs $
TOTALS $
OF 4601-37 13/82) Match $
20-00094
LUBBOCK NEIGHBORHOOD PARKS
BERRY PARK
10,625.00
1. Site Plans
2. Construction Plans and
Specifications
A/ E
3. Construction
a. Recreational facilities
1. 6 picnic units with
individual covers
2. Playground
b. Miscellaneous
1. Benches
2. Contingencies and sig
4. Land
5. State Administrative Costs
TOTALS
OF 460,-37 (3/62) Match
20-00094
LUBBOCK NEIGHBORHOOD PARKS
CHATMAN PARK
11,875.00
1. Site Plans
2. Construction Plans and
Specifications
A/E
3. Construction
a. Recreational facilities
1. 6 picnic units with
individual covers
2. Playground
b. Miscellaneous
1. Landscaping (tree pla
2. Contingencies and sig
4. Land 9
9
5. State Administrative Costs $
TOTALS
Match $
Of 4801-37 (3/82)
20-00094
LUBBOCK NEIGHBORHOOD PARKS
HOLLINS PARK
9,375.00
20-00094
LUBBOCK NEIGHBORHOOD PARKS
PIONEER PARK
COPLETETOTAL
ESTIMATE LASTMBILLING CSINCEOMPLETE COMPLETI
1. Site Plans $ N/A
$ N/A
2. Construction Plans and
_TP -e -c -IM cations
A/E $ 1,300.00
$ 1,300.0-
3. Construction
a. Site preparation
1. Demolition of existing
pavilion 4,000.00
b. Recreational facilities
1. 4 picnic units with
individual covers 5,200.00
c. Miscellaneous
1. Landscaping (tree planting) 9,626.00
2. Contingencies and signs 500.00
$-----19—,-3-2-6.00
4. Land $ N/A
$ N/A
5. State Administrative Costs $
$ N/A
TOTALS $ 20,626.00
OF 4607-37 (3/82) Match $ 10,313.00
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