R-06-05-11-13A1 - 5/11/2006RESOLUTION NO. R -06-05-11-13A 1
WHEREAS, the Lower Colorado River Authority has grant funds
available through the Partnership in Parks Grant Program, and
WHEREAS, the City Council wishes to enter into an Interlocal
Cooperation Contract for the available grant funds for the Greater Lake
Creek Park Project, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Interlocal Cooperation Contract, a copy of same
being attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this llth day of May, 2006.
r -//i'
N �•* W=
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CHRISTINE R. MARTINEZ, City S:j retary
yor
ity of Round Rock, Texas
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R6O511A1.WPD/SC
INTERLOCAL COOPERATION CONTRACT
THE STATE OF TEXAS
WILLIAMSON COUNTY
THIS CONTRACT AND AGREEMENT (hereinafter, "Agreement") is entered into by and between the
City of Round Rock (hereinafter, "Grantee"), with its principal office located 221 East Main Round Rock,
TX 78664 and the Lower Colorado River Authority (hereinafter, "LCRA"), a conservation and
reclamation district created by the State of Texas with its principal office located at 3700 Lake Austin
Boulevard, Austin, Travis County, Texas, pursuant to the authority granted and in compliance with the
provisions of Chapter 791 of the Texas Government Code, known as the Interlocal Cooperation Act.
RECITALS
A. The Grantee desires to develop Greater Lake Creek Park (the "Project").
B. Pursuant to the LCRA Act and Chapter 152 of the Texas Water Code, the LCRA has agreed to
provide financial assistance of an amount not to exceed (two hundred thousand dollars) to be used for the
Project, as set forth in the LCRA's '2001 Park, Recreation and Open Space Master Plan', subject,
however, to all restrictions set out below.
NOW, THEREFORE, in consideration of the following promises, covenants, conditions and the
mutual benefits to accrue to the parties to this Agreement, the parties hereto, desiring to cooperate in
providing functions and services, hereby agree as follows:
I. GRANTEE OBLIGATIONS
A. Use of Funds
1. Subject to the following terms and conditions, the Grantee shall be responsible for the
administration, planning, permitting, construction and inspection of the Project.
LCRA's financial contribution shall be used solely for the purposes of developing and constructing
improvements associated with the Project as scored in the original grant application for Greater Lake
Creek Park. The funded improvements include and are limited to:
Hike and bike trail
Pavilion
Practice ball field
Playground renovation
Picnic shelter and table
Exercise trail
Xeriscape community garden
Skate park
Bird watching area
In-line hockey
Basketball court
Dog park
Sand volleyball court
Wetland
00099235.doc
EXHIBIT
2. The Grantee shall be solely responsible for administering the Project, including the purchase of all
materials and services necessary for the development and construction of the Project; provided
however, that LCRA funds shall not be utilized for the purchase of materials or services not directly
related to facilities identified and included in the Section I.A.2., without the prior written approval of
the LCRA.
3. The Grantee shall be solely responsible for lawfully bidding or otherwise acquiring contracted goods
and services as necessary for development of the Project. The Grantee shall be solely responsible for
compliance with all federal, state, and local laws, regulations and ordinances relating to the Project,
including without limitation, those for natural and cultural resource conservation, elimination of
architectural barriers, building codes, all environmental laws, and for jobsite safety.
4. Grantee agrees to fully complete all portions of the project, which are committed to be performed by
the grantee and local partners through land acquisition, donations of labor, cash, or equipment use.
5. Property acquired or developed with LCRA assistance shall be retained and used for public
recreation. Any property so acquired or developed shall not be converted to other than public
recreation uses without the approval of LCRA. Such approval will be given only with the
substitution of other properties of at least equal fair market value and equivalent usefulness, quality,
and location.
6. Recreational use of property acquired and / or developed with LCRA funds may not be changed from
that approved when assistance was obtained, unless prior approval is obtained.
B. Administration
1. The Grantee shall be responsible for obtaining all local, county, state or federal permits required to
construct the Project, including those for natural and cultural resource conservation, and elimination
of architectural barriers (local building permits, and any permits required by the Texas Commission
of Environmental Quality, Texas Department of Licensing and Regulation, Texas Historic
Commission, U.S. Army Corps of Engineers, and Environmental Protection Agency).
2. The Grantee shall be responsible for submitting semi-annual reports to the LCRA detailing the
progress of the Project. Reports will also be submitted at 50% completion, and final completion of
the Project. Along with a 50% completion report, the Grantee shall also send a Project Budget
Update, and a letter requesting final payment.
3. The Grantee shall make its books and records for the Project available for audit by the LCRA to
ensure that LCRA funds are used in accordance with this section. Said books and records shall
remain available to LCRA for the duration of the Project and for two years thereafter.
4. The Grantee shall meet all on-going requirements of the Project including, without limitation, all
administrative, financial, record-keeping, and reporting requirements.
C. Construction
Permanent project signage on site will indicate that LCRA's Partnerships In Parks Program and applicant
are sponsors of the project. The sign should contain the following or similar language: "is sponsored by
2
the City of Round Rock with funding assistance by the Lower Colorado River Authority, Partnerships In
Parks program", for the purpose of acknowledging this LCRA program. The sign should be a minimum
of 36"x48". The above text may be incorporated with other project sponsors on a larger sign.
1. Grantee shall be responsible for notifying LCRA of start of project within seven days of start of
construction. Also the Grantee will notify LCRA when the project is 50% complete and 100%
complete.
2. The LCRA shall have the right to observe the Project progress from time to time to ensure it is being
constructed in accordance with Section I.A.2. of this contract.
3. The Grantee shall be responsible, at no expense to the LCRA, for the ongoing operation and
maintenance of the Project to protect the health, safety, and welfare of the public. The property shall
be maintained as attractive and inviting to the public. All park facilities within the project area shall
be kept in reasonable repair to prevent undue deterioration and to encourage public use.
4. Project planning and design development shall begin within one (1) year of the execution date of this
contract. If project planning and design development has not been initiated within this term, the PIP
funds for the project will no longer be available. The Grantee will remain eligible to reapply for
funding in the next grant cycle if the project costs and work are fully committed.
5. Construction initiation must include significant commitments for commencement and continuous
project work. The Grantee shall complete the Project three (3) years from the execution date of this
contract.
II. LCRA OBLIGATIONS
In accordance with the limitations stated hereafter, the LCRA agrees to contribute an amount not to
exceed (two hundred thousand dollar) for the Project ("LCRA Project Amount"), to be paid by LCRA in
two installments. The LCRA shall make an initial payment of one hundred thousand dollars to the
Grantee within 15 days of receipt by the LCRA of all of the following four items: 1) an official letter from
the Grantee stating who will be the project manager, and that project development will begin within 30
days of the initial payment, 2) a Project Budget Update, 3) a Project Development Schedule, 4) a fully
executed original of this Agreement. Upon receiving notice that the Project is 50% complete, LCRA shall
review the status of Grantee's matching funds and provide a project site assessment with 10 business days
from receipt of the notice. Contingent upon satisfactory review and site visit by LCRA of the status of
Grantee's matching funds, the LCRA shall make an additional payment not to exceed on hundred
thousand dollars. Payment shall be made within 15 days of the site visit. If Grantee's matching funds do
not meet or exceed its commitment in its Grant Application, LCRA reserves the right to reduce its second
payment of the level required to ensure that LCRA's contribution does not exceed the matching funds
committed by the Grantee.
III. MISCELLANEOUS
A. The LCRA's financial contribution is to be used in the administration, development and
construction of the Project. These expenses may include construction plans and specifications,
materials and labor. The Grantee is responsible for all additional funding required to complete
the Project, including any operation and management expenses incurred by the Grantee in the
3
administration of the Project. The Grantee will also be solely responsible for any cost increases
or overages incurred in connection with the Project.
B. To the extent allowed by law, the Grantee shall indemnify and save harmless the LCRA from and
against any and all loss, close (including attorneys' fees), damages, expense and liability
(including statutory liability and liability under workmen's compensation laws) that the LCRA,
its officers, agents, or employees may sustain or incur or which may be imposed upon them or
any of them in connection with claims for damages as a result of injury or death of any person or
damage to any property as a result of arising out of , or in any manner connected with the Project
or the future operations and maintenance of Project improvements by the Grantee.
C. To the extent allowed by law, the Grantee shall indemnify and save harmless the LCRA, its
agents, servants and employees from and against any and all loss, cost (including attorneys' fees),
damages, expense and liability that the LCRA, its officers, agents, or employees may sustain or
incur or which may be imposed upon them or any of them in connection with claims or damages
arising out of acquisition of goods or services in connection with the administration, development
or construction of the Project.
D. This Agreement shall be construed under and in accordance with the laws of the State of Texas,
without regard to its conflict of law provisions.
E. This Agreement shall be binding upon and inure to the benefit of the parties and their respective
successors and assigns.
F. This Agreement is executed in two originals, each of which shall be considered an original of this
Agreement.
In witness whereof, LCRA and the Grantee have caused this Agreement to be executed as of the
day of , 2005. (To be filled in by Grantee on date of
signature.)
IV. Approval
LOWER COLORADO RIVER AUTHORITY
By:
Name:
By:
Name:
Title: Manager, LCRA Corporate Purchasing Title:
(Authorized Representative)
Date: Date:
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Greater Lake Creek Park Project
City of Round Rock Project Manager's Contact Information
Name:
Address:
Telephone:
Fax:
Email:
M. James Hemenes, RLA, ASLA
Parks Development Manager
301 W. Bagdad, Suite 250
Round Rock, TX 78664
512.341.3345
512.218.5548
jhemenes(a�round-rock.tx.us
DATE: May 5, 2006
SUBJECT: City Council Meeting - May 11 2006
ITEM: 13.A.1. Consider a resolution authorizing the Mayor to execute a
contract for the Partnership in Parks Grant Program with the
Lower Colorado River Authority for the Greater Lake Creek
Park Improvement Project.
Department: Parks and Recreation
Staff Person: Rick Atkins, Director
Justification:
This is a formality associated with the grant that was previously awarded.
Funding: $930,000.00
Cost: $0.00
Source of funds: G.O. Bond Project and Grants (TPWD & LCRA)
Outside Resources: Lower Colorado River Authority (LCRA)
Background Information:
The Greater Lake Creek Park Project involves three existing park properties and
several parcels of land that the City already has or will acquire through the platting
process of new neighborhoods. Clay Madsen Park, Greenlawn Park, and Lake Creek
Park will all receive improvements in the form of new development and/or
renovations. These three parks will also be connected with a hike & bike trail. Also
included in this project will be the City's first skate park, dog park, and inline hockey
facility. This project is partially funded by a Texas Parks and Wildlife Department
(TPWD) Grant and a Grant from the Lower Colorado River Authority (LCRA).
Public Comment:
In addition to a focus group that was formed to specifically address end-user
concerns, the Parks and Recreation Department has received several petitions and
numerous requests over the past three years for a skate park. Also, several public
hearings associated with the grant applications were held.
EXECUTED
DOCUMENTS
FOLLOW
INTERLOCAL COOPERATION CONTRACT
THE STATE OF TEXAS
WILLIAMSON COUNTY
THIS CONTRACT AND AGREEMENT (hereinafter, "Agreement") is entered into by and between the City
of Round Rock (hereinafter, "Grantee"), with its principal office located 221 East Main Round Rock, TX
78664 and the Lower Colorado River Authority (hereinafter, "LCRA"), a conservation and reclamation district
created by the State of Texas with its principal office located at 3700 Lake Austin Boulevard, Austin, Travis
County, Texas, pursuant to the authority granted and in compliance with the provisions of Chapter 791 of the
Texas Government Code, known as the Interlocal Cooperation Act.
RECITALS
A. The Grantee desires to develop Greater Lake Creek Park (the "Project").
B. Pursuant to the LCRA Act and Chapter 152 of the Texas Water Code, the LCRA has agreed
to provide financial assistance of an amount not to exceed (two hundred thousand dollars) to be
used for the Project, as set forth in the LCRA's '2001 Park, Recreation and Open Space Master Plan',
subject, however, to all restrictions set out below.
NOW, THEREFORE, in consideration of the following promises, covenants, conditions and the
mutual benefits to accrue to the parties to this Agreement, the parties hereto, desiring to
cooperate in providing functions and services, hereby agree as follows:
I. GRANTEE OBLIGATIONS
A. Use of Funds
1. Subject to the following terms and conditions, the Grantee shall be responsible for the
administration, planning, permitting, construction and inspection of the Project.
LCRA's financial contribution shall be used solely for the purposes of developing and constructing
improvements associated with the Project as scored in the original grant application for Greater Lake Creek
Park. The funded improvements include and are limited to:
Hike and bike trail
Pavilion
Practice ball field
Playground renovation
Picnic shelter and table
Exercise trail
Xeriscape community garden
Skate park
Bird watching area
In-line hockey
Basketball court
Dog park
Sand volleyball court
Wetland
R -01.-05-11-13A 1
1
2. The Grantee shall be solely responsible for administering the Project, including the purchase of
all materials and services necessary for the development and construction of the Project;
provided however, that LCRA funds shall not be utilized for the purchase of materials or
services not directly related to facilities identified and included in the Section I.A.2., without the
prior written approval of the LCRA.
3. The Grantee shall be solely responsible for lawfully bidding or otherwise acquiring contracted
goods and services as necessary for development of the Project. The Grantee shall be solely
responsible for compliance with all federal, state, and local laws, regulations and ordinances
relating to the Project, including without limitation, those for natural and cultural resource
conservation, elimination of architectural barriers, building codes, all environmental laws, and
for jobsite safety.
4. Grantee agrees to fully complete all portions of the project, which are committed to be
performed by the grantee and local partners through land acquisition, donations of labor, cash,
or equipment use.
5. Property acquired or developed with LCRA assistance shall be retained and used for public
recreation. Any property so acquired or developed shall not be converted to other than public
recreation uses without the approval of LCRA. Such approval will be given only with the
substitution of other properties of at least equal fair market value and equivalent usefulness,
quality, and location.
6. Recreational use of property acquired and/or developed with LCRA funds may not be changed
from that approved when assistance was obtained, unless prior approval is obtained.
B. Administration
1. The Grantee shall be responsible for obtaining all local, county, state or federal permits required
to construct the Project, including those for natural and cultural resource conservation, and
elimination of architectural barriers (local building permits, and any permits required by the
Texas Commission on Environmental Quality, Texas Department of Licensing and Regulation,
Texas Historic Commission, U.S. Army Corps of Engineers, and Environmental Protection
Agency).
2. The Grantee shall be responsible for submitting semi-annual reports to the LCRA detailing the
progress of the Project. Reports will also be submitted at 50% completion, and final completion
of the project. Along with a 50% completion report, the Grantee shall also send a Project Budget
Update, and a letter requesting final payment.
3. The Grantee shall make its books and records for the Project available for audit by the LCRA to
ensure that LCRA funds are used in accordance with this section. Said books and records shall
remain available to LCRA for the duration of the Project and for two years thereafter.
4. The Grantee shall meet all on-going requirements of the Project including, without limitation, all
administrative, financial, record-keeping, and reporting requirements.
C. Construction
2
Permanent project signage on site will indicate that LCRA's Partnerships In Parks Program and
applicant are sponsors of the project. The sign should contain the following or similar language:
"This project is sponsored by the City of Round Rock with funding assistance by the Lower
Colorado River Authority, Partnerships In Parks program", for the purpose of acknowledging this
LCRA program. The sign should be a minimum of 36"x48". The above text may be incorporated
with other project sponsors on a larger sign.
1. Grantee shall be responsible for notifying LCRA of start of project within seven days of start of
construction. Also the Grantee will notify LCRA when the project is 50% complete and 100%
complete.
2. The LCRA shall have the right to observe the Project progress from time to time to ensure it is
being constructed in accordance with Section I.A.2.of this contract.
3. The Grantee shall be responsible, at no expense to the LCRA, for the ongoing operation and
maintenance of the Project to protect the health, safety, and welfare of the public. The property
shall be maintained as attractive and inviting to the public. All park facilities within the project
area shall be kept in reasonable repair to prevent undue deterioration and to encourage public
use.
4. Project planning and design development shall begin within one (1) year of the execution date of
this contract. If project planning and design development has not been initiated within this
term, the PIP funds for this project will no longer be available. The Grantee will remain eligible
to reapply for funding in the next grant cycle if the project costs and work are fully committed.
5. Construction initiation must include significant commitments for commencement and
continuous project work. The Grantee shall complete the Project three (3) years from the
execution date of this contract.
II. LCRA OBLIGATIONS
In accordance with the limitations stated hereafter, the LCRA agrees to contribute an amount not to exceed
(two hundred thousand dollar) for the Project ("LCRA Project Amount"), to be paid by LCRA in two
installments. The LCRA shall make an initial payment of one hundred thousand dollars to the Grantee within
15 days of receipt by the LCRA of all of the following four items: 1) an official letter from the Grantee stating
who will be the project manager, and that project development will begin within 30 days of the initial
payment, 2) a Project Budget Update, 3) a Project Development Schedule, 4) a fully executed original of this
Agreement. Upon receiving notice that the Project is 50% complete, LCRA shall review the status of
Grantee's matching funds and provide a project site assessment with 10 business days from receipt of the
notice. Contingent upon satisfactory review and site visit by LCRA of the status of Grantee's matching funds,
the LCRA shall make an additional payment not to exceed one hundred thousand dollars. Payment shall be
made within 15 days of the site visit. If Grantee's matching funds do not meet or exceed its commitment in its
Grant Application, LCRA reserves the right to reduce its second payment of the level required to ensure that
LCRA's contribution does not exceed the matching funds committed by the Grantee.
III. MISCELLANEOUS
A. The LCRA's financial contribution is to be used in the administration, development and
construction of the Project. These expenses may include construction plans and
specifications, materials and labor. The Grantee is responsible for all additional funding
3
required to complete the Project, including any operation and management expenses
incurred by the Grantee in the administration of the Project. The Grantee will also be solely
responsible for any cost increases or overages incurred in connection with the Project.
B. To the extent allowed by law, the Grantee shall indemnify and save harmless the LCRA from
and against any and all loss, cost (including attorneys' fees), damages, expense and liability
(including statutory liability and liability under workmen's compensation laws) that the
LCRA, its officers, agents, or employees may sustain or incur or which may be imposed
upon them or any of them in connection with claims for damages as a result of injury or
death of any person or damage to any property as a result of arising out of, or in any manner
connected with the Project or the future operations and maintenance of Project
improvements by the Grantee.
C. To the extent allowed by law, the Grantee shall indemnify and save harmless the LCRA, its
agents, servants and employees from and against any and all loss, cost (including attorneys'
fees), damages, expense and liability that the LCRA, its officers, agents, or employees may
sustain or incur or which may be imposed upon them or any of them in connection with
claims or damages arising out of acquisition of goods or services in connection with the
administration, development or construction of the Project.
D. This Agreement shall be construed under and in accordance with the laws of the State of
Texas, without regard to its conflict of law provisions.
E. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns.
F. This Agreement is executed in two originals, each of which shall be considered an original of
this Agreement.
In witness whereof, LCRA and the Grantee have caused this Agreement to be executed as of the
/ 1 day of Vin ! Q.44.- , 2006. (To be filled in by Grantee on date of
signature.) Q
IV. APPROVAL
LO ER COLORADO RIVER.AUTHORITY
By: I/U (i)i2
Name: Andrew Betz
Title: Manager, LCRA Corporate Purchasing
Date:
t;5
By: •
Name: /kJ J L m Pkg146 LL
Title: m 4yoR
(Authorized Representative)
Date: 5' 1! 06
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