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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',. 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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 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.