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R-87-1021 - 7/9/1987RESOLUTION NO. / WHEREAS, the United Stated Congress has passed the Land and Water Conservation Fund Act of 1965 (Public Law 88 -578), authorizing the Secretary of the Interior to provide financial assistance to states, and political subdivisions thereof, for outdoor recreation purposes; and WHEREAS, the Texas Legislature has adopted Article 6081r, V.A.C.S., for the purpose of allowing the State of Texas, and its political subdivisions, to participate in the Federal program established under said Public Law 88 -578, or such other programs as are hereinafter established by the Federal Government; and WHEREAS, the City of Round Rock is fully eligible to receive assistance under this Program; and WHEREAS, the City Council of the City of Round Rock is desirous of authorizing its administrative staff to represent and act for the city in dealing with the Texas Parks and Wildlife Department concerning this Pcoyiam; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY ROUND ROCK, TEXAS: Section 1: That the City Council of the City of Round Rock hereby certifies that the City of Round Rock is eligible to receive assistance under Public Law 88 -578; as augmented by Article 6081r, V.A.C.S. Section 2: That the City Council herby authorizes and directs its Mayor to represent and act for the City of Round Rock in dealing with Texas Parks and Wildlife Department for the purpose of this Program. The Mayor is hereby officially designated as the City's representative in this regard. Section 3: The City Council hereby designated its Director of Finance as the official authorized to serve as the City's fiscal officer to receive Federal funds for purposes of this Program. Section 4: The City Council hereby specifically authorizes the City officials herein designated to make application to the Texas Parks and Wildlife Department concerning the tracts of land to be known as Palm Valley Park in the City of Round Rock for use as a park site. That Palm Valley Park is hereby dedicated for pnhlir- outdoor recreation purposes. ATTEST: RESOLVED this 9th day of July, 1987. MIKE ROBINSON, Mayor City of Round Rock, Texas DATE: July 7, 1987 SUBJECT: Council Agenda, July 9, 1987 ITEM: 1211 - Consider a resobition authorizing the Mayor to apply for a grant for Palm Valley Park. PA RD is submitting a grant application to Texas Parks and Wildlife for a 50% - 50% matching grant. The funding, if received, will be used for Phase I development of Palm Valley Park. The grant submittal request is for $750,000.00. This represents 50% of the total 1.5 million dollar project. The types of improvements to be included in the grant proposal are utilit;ps, road, parking, Picnicking and playground facilities. COMMISSIONERS CHUCK NASH Chairman, San Marcos GEORGE C. "TIM" NIXON Vice - Chairman San Antonio BOB ARMSTRONG Austin LEE M. BASS Ft. Worth HENRY C- BECK, III Dallas DELO H. CASPARY Rockport JOHN WILSON KELSEY Houston BEATRICE CARR PICKENS Dallas A.R. (TONY) SANCHEZ, JR. Laredo TEXAS PARKS AND WILDLIFE DEPARTMENT 4200 Smith School Road • Austin, Texas 78744 • 512 - 389 -4800 December 3, 1990 Ms. Sharon Prete, Director Parks and Recreation Department 221 East Main Street Round Rock, Texas 78664 Re: Round Rock Palm Valley Park Project Number 20 -00264 Dear Ms. Prete: An executed copy of amendment number two to the project agreement is enclosed. The amendment extends the project expiration date to April 0, 1991 as requested. Sin im Hogsett Chief Grants -In -Aid Branch TH:ED:js Enclosure ANDREW SANSOM Executive Director Project Name: zei TATE OF by Wilson TEXAS PARKS AND WILDLIFE DEPARTMENT Texas Local Parks, Recreation, and Open Space Fund AMENDMENT TO PROJECT AGREEMENT Project Amendment Number 20- 00264.2 Round Rock Palm Valley Park THIS AMENDMENT to Project Agreement No. 20 -00264 is hereby made and agreed upon by the State of Texas, acting through the Texas Parks and Wildlife Department and by the undersigned subdivision pursuant to the Texas Local Parks, Recreation, and Open Space Fund. The political subdivision and the State of Texas, in mutual consideration of the promises made herein and in the fund agreement of which this is an amendment, do promise as follows: To extend the Project expiration date from February 1, 1991 to April 30, 1991. In all other respects the fund agreement of which this is an amendment, and the plans and specifications relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this Amendment as of the date entered below. Director, Parks Division TITLE 12 -3 -90 Date by A * POLITICAL SUBDIVISION * City of Round Rock Mike Robinson, Mayor (type Name & Title) MOvcmFir =,k_ i9 /990 Date �I �II Round Rock `i I R C::':•�irini, �% �• � Ill I v 11 �a, w T';' A r• (. -- e rr, • :• . • 1 a • Y• C: ) . 1/1 / NDJCf AF..O iN PriOJEC , danuMagliiifil 11111111101111i511 Side Elevation End Elevation Concessions Breezeway Rest moms Restrcoms Breezeway Storage Concessions/Restroom Building � l PRE -AWARD SITE VISIT REPORT SPONSOR::OUYY{ Rock. D PROJECT N0. DO 743 PROJECT TITLE: 1 a-6) \10l11'e 1 c L TYPE OF PROJECT: Acq Acq & Dev ORIGINAL SUBMISSION DATE ACCOMPANIED BY: 3hp �Yeft - �Q► L(s Di�ec�or SURROUNDING LAND- USES /SOCIO- ECONOMIC -- INFORMATION- N = seadteYeci SFt2 S = vecco,r± ro r TOPOGRAPHY: 3en +Iy Slo�'r'l5 VEGETATION: C{rass>?• Ylltin'lEXOuts E = Chuvel'l, 5F Cekva -I> W = Vr1J rn +, S{rti• e�+�ropS - Frees at o r Cv ee1L 6 e.Y4 WATER RESOURCES: 13 acx� We G � �{ r Cre-c �� SPECIAL FEATURES: (\cr'iJe. �,e tries 1((��rlt�l �a�s y1r5 i�2IC/�LI S OVERHEAD LINES: No O(If Yes, Where ?}CCYGE:n nor-i -(') .5e -6 a-∎ of Sii %O x/ Sr /A)C , 6 ) U/LD , /I,X5 ///��,,,��,� Will they require relocation /burial? (Ye5 XDescribe which one(s): t5 15 a M aJr{ o" cu- smtssion \ine. 1 100' ec / e- ier ACCESS: (Existing & Proposed): O-�- LIS 79 EXISTING FACILITIES: none. Ci prirnQry rbc ds a& i.t+ )i hey cut- * - it own ocrnse_ V J ANY PREVIOUS FUND ASSISTANCE AT THIS SITE? No Yes (If Yes, Give Project No.(s): COMMENTS: . (o ( o 0-°) a c + e 51 \ - is BYO �. se_rA doi 0..A oI V e- I m - - S S vte C ea r ?ns r ° s cr ��r�l" {Fve cArr�ler+,r� on /al ue . 1 r1 i 5 '1 0. beet_ n141 Tti I F U YV eve_ rp 112 L` L « rc y Qe.a"�t . e ow YCiC e- knOL-�rl his ill VCA�,eotC.E3I f CI S Q wi - �h,rt`Ct�u l . c21 . „- , a . L i BASTROP • BLANCO • BURNET • CALDWELL • FAYETTE • HAYS • LEE • LLANO • TRAVIS • WILLIAMSON COUNTIES November 6, 1987 Mr. Robert L. Bennett City of Round Rock 214 East Main Round Rock, Texas 78664 Re: CAPCO Project # TX- 87- 11- 02- 0061 -12 Palm Valley Community Park: Phase I Dear Mr. Bennett: In accord with Executive Order 12372, as amended, Texas Civil Statutes, Articles 4413 (32a) and 1011m, the Capital Area Planning Council (CAPCO) is directed to review state and federally aided projects that concern the Capital State Planning Region and to respond as a Regional Review Agency in compliance with guidelines of the Texas Review and Comment System (TRACS), Off- iee - -of the Governor. The funding agency considers our comments in their approval or disapproval of your application. CAPCO has no authority of approval. CAPCO's staff in reviewing your application has found your proposal to be in conformity with regional planning policies, procedures and objectives. Since this proposal is consistent CAPCO's Regional Open Space and Outaoor Recreation Plan and policies, it is our conclusion that further review of the application is not required at this time. Development of the park should have a positive enviromental impact as growth continues in the Round Rock area. On November 2, 1987 this proposal was assigned State Application Identifier # TX 87- 11 -02- 0001 -12. A copy of this letter should be forwarded to the funding agency. Thank you for complying with the review and comment process. If you have any questions or need additional information, please contact me. Sincerely, . ean Executive Director RGB /kta RECEIVED NOV r 1 937 2520 INTERSTATE HWY. 35. SOUTH • SUITE 100 • AUSTIN, TEXAS 78704 -5798 • (5 72)443. 7653 SERVING LOCAL GOVERNMENTS IN �CJ -/Y- 1„ 141 l Floor Plan .,ltJ .dithummumg__111111MIMIIIIHIlbh. SlclA Elevation AM. P"..A.AsNita MU .411011111111h M . End Elevation Concessi uilding IN) Concesskans Breezeway P.estroorns Pestrocrrm Breezeway Sb3rage ris/Rdstroorn pc( 4601 LPF CERTIFICATE OF LAND DEDICATION FOR PARK USE (TEXAS LOCAL PARKS, RECREATION AND OPEN SPACE FUND PROGRAM) This is to certify that a permanent record shall be kept in the City of Round Rock public property records and (City, County, Other) available for public inspection to the effect that the property described in the scope of the project agreement for Round Rock Palm Valley Park (Name of Park) (Project Number 20 -00 264 ), 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. OF 4601-42 [7/83[ SiTnatu -n Mike Robinson, Mayor Name and Title hype) Date TEXAS PARKS AND WILDLIFE DEPARTMENT TEXAS LOCAL PARKS, RECREATION AND OPEN SPACE FUND AGREEMENT Texas Parks and Wildlife Department Number: 20 -00264 Round Rock Palm Valley Park Project Name: Project Period: Date of Project Approval to 2 -1 -91 Project Cost: $1,500,000 Approved State Funds: $750,000 PROJECT DESCRIPTION (SCOPE) The city of Round Rock will develop 261 acres of 427 acre Palm Valley Park to include 6 lighted baseball fields, 1 lighted softball field, 1 mile asphalt hiking /nature trail, 2 shuffleboard courts, 2 horseshoe pits, 2 playgrounds, 4 fishing piers, 2 pavilion /restrooms with 8 grills, utilities, roads and parking, landscaping, walkways, area lighting, and signs. Round Rock Palm Valley Park is located off US 79 in the northeast area of the city. Pre - agreement costs incurred from 2 -1 -88 to the date of project approval in the amount not to exceed $157,000 shall be allowable under this agreement. .For and in consideration of the mutual covenants and benefits hereof, the Texas Parks and Wildlife Department - ( "Department ") and the "Sponsor" hereby contract with respect to the above described project as fellows: 1. The Sponsor is obligated to adhere to all requirements established for the Texas Local Parks, Recreation and Open Space Fund Program including program guidelines set out at 31 TAC Sec. 61.131 2. No cork on the project by the Sponsor shall commence until written notice to proceed has been received from the Department. 3. The Sponsor shall furnish the Department an annual report for a period of ,ua, years following the project completion providing to the satisfaction of the Department information regarding present and anticipated use and development of the project site. 4. The Sponsor shall install and maintain at the project site a permanent sign as prescribed by the Department. 5. All utilities at the project site shall be underground and approved by the Department. 6. The General Provisions dated May 1985 attached hereto are hereby made a part hereof for all purposes. 7. The Agreement is effective upon execution by the Department. TEXAS PARKS AND WILDLIFE DEPARTMENT CITY OF ROUND ROCK (Political Subdivision)(°Sponsor") by by Executive Director ( "Department ") (3 -8F) Mike Robinson, Mayor Date (Name and Title) Date Project «-.endment Numt, TEXAS - 1"ZC:1:S AND ,2ILDLIFE DLPARTENT Texas Local Paris, Recreation, and On Space fund A,•(;p;D; fNT TO PRO.3EOT AGREEMENT Project. *:at::. Bound Rock Palm `,'alley Park THIS �.NDIIE!dT to Project grec nt.. Number 20 - 00264 is hereby made and agreed d upon by the State of Teas, ..cti_nr throuGh the Texas earls Wildlife Department and by t;:._ . .. _. __.si_hnedpolitical subdivision pursuant to the Texas Local. Parks, Recrestios, and Open Space Fund. The political subdivision and the State of Texas, in =teal consi_dsra.ion of the pr ..s scs made hsrca_n and in the fund aF,7eement of which this is an amend -went, do promos_ as follows: Add: Three restro m /coccession /storage /melting buildings at no additional cost to the project. In all other: respects the fund agreeimtnt of which this is an a.endmznt_, and the plans and specifications relevant thereto, shall reruin in full force and effect. In witness vlJ roof the parties hereto have executed leis a....,sndraent as of the date e ntered hc.low. The City acknus1eciaes that reir;bursement for these buildings will he r;ithhel0 until all other scope items are complete and useable. B >` ___ Charles D. Travis T1.'. LE Eeecrtii ve 20- 00264.1 By DATE. PCL 1TCi,l. Si'Bri'II610.1 5 CIIY OF ROOD R0fl SIT leITON h1iko Robinson, Mayor - F 0 . 01) TITLE (type) 55' U. S. DEPARTMENT OF THE INTERIOR /TEXAS PARKS & WILDLIFE DEPARTMENT ASSURANCE OF COMPLIANCE (Title VI, Civil Rights Act of 1964) The CITY OF ROUND ROCK, TEXAS (Name of Political Subdivision /Sponsor) (hereinafter called "Applicant- Recipient "). HEREBY AGREES THAT IT will comply with Title VI of the Civil Rights Act of 196L. (P.L. 88 -352) and all requirements imposed by or pursuant to the Department of the Interior Regulation (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant- Recipient receives financial assistance from the TEXAS PARKS & WILDLIFE DEPARTMENT and hereby gives assurance that it will immediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal /State financial assistance extended to the Applicant - Recipient by the TEXAS PARKS & WILDLIFE DEPARTMENT, this assurance obligates the Applicant - Recipient, or in the case of any transfer of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance obligates the Applicant - Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant- Recipient for the period during which the Federal /State financial assistance is extended to it by the TEXAS PARKS & WILDLIFE DEPARTMENT. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal /State grants, loans, contracts, property discounts or other Federal/ State financial assistance extended after the date hereof to the Applicant- Recipient by the bureau or office, including installment payments after such date on account of arrangements for Federal /State financial assistance which were approved before such date. The Applicant- Recipient recognizes and agrees that such Federal /State financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States and the State of Texas shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant- Recipient, its successors, transferees, and assignees, and the person whose signature appears below is authorized to sign this assurance on behalf of the Applicant - Recipient. (Signature of Official Authorized in Resolution) Mike Robinson, Mayor (Typed Name and Title) 7 -30 -87 (Date) (DI Form 1350 Revised 1/87) 44 c- ENVIRONMENTAL INFORMATION ENVIRONMENTAL ASSESSMENT I. Description of the Proposed Action The proposed TPWD assisted project consists of the development of needed outdoor recreation facilities as follows: (1) Baseball fields (2) Girls Softball fields (3) Picnic /passive recreation (4) Game area for the elderly (5) Walking /Hiking /Nature trails (6) Playground (7) Fishing Support associated facilities such as restroom station, access roads and parking areas will also be developed. The project is proposed at a 427 acre site recently acquired for this purpose and represents the first phase of a larger outdoor recreation project. Two hundred sixty -one (261) acres of this will used for phase 1. Future development of the entire site will likely be phased over a period of several years, with a schedule related to funding availability, population growth and other local determinants. The project is a magnificent component of the local effort to provide outdoor recreation and protect areas of great natural value. II. Description of the Environment The area where the project is proposed is an undeveloped area located in northeast Round Rock, Texas; a former farm, the area is not presently used or under cultivation. The site is surrounded by other open land used for rangeland, cultivation, or undeveloped property. Future environment of the site without implementation of the proposed action will likely be open land due to its present ownership by the City of Round Rock. The surrounding area is not under imminent urban development but given the growth of the area it is also likely this area will undergo urbanization in the future. Air Quality The site is located in an area which has achieved the National Ambient Air Quality Standards established by EPA. Water Quality The site is crossed by Chaulder Creek, a tributary of the Upper Brushy Creek watershed; water quality meets most recommended drinking water standards. Ground water from the bedrock aquifers can be treated to comply with mandatory water quality limits. Wetlands There are no known wetlands on the site. Intermittent flooded and stream beds exist providing riverine ecological systems in the Chandler Creek water course. An SCS flood retarding dam is also located on the site. Flood Prone Areas Portions of the site are located in the 100 year flood plain; these are areas associated with Chandler Creek and the SCS reservoir. Endangered Species There are no known endangered species at the site. Soils Soils are of the Blackland Prairie typical of those east of the Balcones Escarpment. Geologic features of the area contain sand and gravel, clay, and aggregate frequently of lignite. Topography The site is generally flat with gentle slopes toward the drainages. The highest elevation of the site is 720 USL at the north portion of the site sloping gently to an elevation of 680 feet along US Hwy 79. The creek is at an average of 650 feet through the site with embankment due to erosion caused by stream flows. The SCS flood control dam is a man -made feature, the normal water surface is 670 MSL and the crest elevation of the earthen dam is 684 feet. There are a few steeper areas of 5% to 10% which form small plateaus and create vantage points. Vegetation The original area was a savanna or grassland containing isolated groves of live oak trees; grassland was cultivated leaving remnant live oak matter and encroachments of mesquite. The existing vegetation is typical of the area affected by farming and occasional cultivation. Fence lines or property lines contain stands of hackberry, osage orange, and elm. The Chandler Creek contains the most complex and dense vegetation. Land Uses The site is a former farm; presently the site is not being used. The property is under ownership control of the city. The site itself and surrounding area are considered undeveloped land under agricultural uses. Adjacent to this site there is a subdivision of large lot houses at the northwest corner and three one acre house sites located immediately north along County Road 113. Archeological and Historical Sites There is evidence of historical and settlement patterns on the site. Eight sites were discovered during an investigation and correlation of property ownership. The site is tied to the history of the Palm Family a Swedish family who immigrated to the area in the 1840's. The Palm homestead remains at the site, as well as a small stone ruin of a structure to the north. The area has a series of depressions in the land surface considered to be buffalo wallows which reinforce the conclusion that the area is uncultivated native grassland. A complete archeological and historical survey was prepared for the Palm View Park property and is available for review. Traffic and Transportation The area is primarily served for traffic and transportation by privately owned vehicles. Public transportation includes interstate bus service; air is also available. The area is served by a well developed network of highways including Interstate 35, US Highway 79 and US Highway 81, FM 3406 and FM 620. The site for the proposed park is located on US Highway 79 and also has access to a County Road 113. III. Environmental Impact of the Proposed Action It has been determined that the impact of the proposed action is not significant; however there are long and short term impacts on the environment, the following are identified. Air Quality Short term impacts are associated with degradation caused by construction activities, this is temporary and will cease at completion. Long term impacts due to automobile emissions will occur; these tend to be "off- peak" and of varied concentrations. Water Resources Short term impacts will occur during construction due to erosion and construction traffic which will cease at completion. Long term impact will occur due to drainage from vehicle parking lots and public access to bodies of water. Wetlands /Flood Prone Areas Short and long term impacts will occur due to access to these areas; very little development is proposed in this area. However a parking lot is proposed in the floodplain area and a low water crossing is required at Chandler Creek. Endangered Species No impact is anticipated. Soils No impact will occur on soil suitability, however, during construction erosion of exposed loose soils will occur due to rain and wind. Areas which have poor capabilities to support landscaping will be supplemented to overcome this deficiency. Topography. The project takes advantage of the topography while minimizing changes to existing topographic features. Vegetation Virtually all existing vegetation along the creek and "fence line" vegetation will be undisturbed. A loss of vegetation will occur due to development. Land Use The project will remove the area dedicated to the park from agricultural production; compared with available agricultural land in Williamson County, this loss is insignificant. Archeological and Historical The project will protect those areas identified as housing archeological and historical value. An entire phase of the overall park development is dedicated to preservation of historical sites. The proposed development is located in areas identified as having minor archeological or historical importance. Traffic and Transportation Traffic will increase in the general area and will concentrate at the park site; there will be peak hour and rush traffic due to park use patterns. No impact is anticipated on the transportation sector. IV. Mitigating Measures Included in the Proposed Action Mitigating measures are designed to alleviate impacts identified in each environmental sector and are of the following type: (a) Avoid impact altogether (b) Minimize the impact by limiting the degree of the action (c) Rectify the impact by repairing, rehabilitating or restoring the affected environment (d) Compensate for the impact by replacement or substitution The following actions are contemplated: (1) Minimize noise, traffic and disturbance created by construction activities (2) Minimize alterations to the site topography or drainage pattern (3) Minimize exposure of loose soils during construction (4) Develop retention areas to capture storm runoff (5) Avoid development of the flood plain areas (6) Rehabilitate soils after construction (7) Leaving areas of valuable vegetation association undisturbed (8) Minimize the impact to archeological and historic valuable sites and preservation of these sites (9) Organize traffic patterns serving the park sites; providing adequate parking facilities (10) During construction provide signs and barricades to minimize safety hardships V. Unavoidable Adverse Effects Unavoidable adverse effects will occur with the development of the site; these are identified to be fully related: Air Quality Vehicular traffic will produce emissions that will deteriorate air quality. Traffic and Transportation The development will attract traffic to the area that does not exist at present and will create congestion at peak hour use and intersection problems. Land Use Productive agricultural land will be removed. VI Relationships Between Local Short -Term Uses and Long - Term Productivity By design a large portion of the site will remain undisturbed in its natural state. Short term effects will occur during construction phase due to removal of vegetation, excavation and disturbance that will increase sediment yield and removal of areas from their natural productivity. Long term uses, those lasting 75 and 100 years, are associated with the recreational use of the site and include the permanent removal of productive agricultural land and minor vegetation loss. The development of the project will also affect land adjacent to the site, in the short term during construction and in the long term by the pressure of a major public attraction that will generate land development in the area. VII. Irreversible and Irretrievable Commitment of Resources The project will commit natural and man made resources which may be irretrievable while others can be reversed. The following are identified: Labor Labor used for the construction of the facilities is not retrievable; it is new to the locality and will not detract from other areas of productivity. Materials Materials used will include construction materials, lumber, concrete fill and metal which are plentiful or have competitive alternatives. These resources would not be recovered and are considered irretrievable. Natural Resources Natural resources used included the land and consumption of energy (oil and gas). While technically the proposed improvements can be removed and the use of the site changed there will be a building commitment for the dedication of land for outdoor recreation in perpetuity. No destruction of wildlife or loss of natural land pattern will occur. Use of the site will create a loss of permeable surfaces due to the construction of roofs, sidewalks and parking lots which will alter drainage. Fuel and energy used in the development of the project are not retrievable. Visual changes introduced by the development constitute irreversible and irretrievable commitment of resources. Cultural Resources There will be no destruction of sites of human interest and the project proposes to enhance historical value through another development phase. Lasting social and economic effects are created by the proposed action on the community due to the activity generated by the park. VIII. Other Interests and Considerations of Federal Policy that Offset Effects of the Proposed Action Commitment of land under the assisted project becomes permanent use of land for park and outdoor recreation, precluding other uses and the potential inclusion of the site in the taxrolls. Countervailing Benefits of the Proposed Action The proposed action is a beneficial action that carries positive effects against any loss of resources that will occur. Countervailing Benefits of Alternatives No workable alternative to the proposed project is considered necessary or effective in avoiding any of the identified irretrievable commitment of resources. Environmental costs are considered insignificant given the size, location and present use of the selected project site. XI. Alternatives to the Proposed Action Two categories of alternatives were considered: (1) Alternatives to the development of the property (2) Major alternatives to the provision of recreational services and facilities, including no action Alternatives to development were part of the design of the project, community impact was extensive in this phase and largely the project is a synthesis of parts of the alternatives. The locational alternatives for protection of natural resources was a major consideration of the process and dictated much of the layout of the park. Anticipated environmental impacts are comparable with all the alternatives considered. The no action alternative was found to be impractical. Due to the large demand for recreation in the community and the potential use of the site for urbanization if the park was not developed the alternative was dismissed. In addition, no action at this location will require dispersal and other locations for parks which will require increased costs in maintenance, utilities and development. NOTE: The above environmental assessment specifically addresses Phase 1 of the Palm Valley Park project; and summarizes applicable portions of a larger environmental impact assessment for the entire park proposal prepared by the firm of THK Associates, Inc. of Denver, Colorado. Copies of this document and a detailed archeological and historic survey of the site are available for review and are submitted to TPWD under separate cover. f l /RECEIVED MAY 3 0 1988 COMMISSIONERS EDWIN L. COX, JR. Chairman, Athens RICHARD R. MORRISON, III Vice - Chairman Clear Lake City BOB ARMSTRONG Austin HENRY C. BECK. III Dallas GEORGE R. BOLIN Houston WM. L. GRAHAM Amarillo CHUCK NASH San Marcos BEATRICE CARR PICKENS Amarillo A.R. (TONY) SANCHEZ, JR. Laredo TEXAS PARKS AND WILDLIFE DEPARTMENT 4200 Smith School Road Austin, Texas 78744 May 26, 1988 Honorable Mike Robinson Mayor of Round Rock 214 East Main Round Rock, Texas 78664 Re: Palm Valley Park Project Number 20 -00264 Dear Mayor Robinson: The executed agreement for the project is enclosed and constitutes notification of official approval. Suggestions and instructions are provided for your guidance and compliance as you proceed with the project. Plans and specifications must receive Department approval prior to construction. The enclosed Rule 127.50.08.001, "Guidelines for Administration of Local Land and Water Conservation Fund Projects," has also been adopted for the Texas Local Parks, Recreation, and Open Space Fund program. Under this rule you are required to submit a quarterly status report for your project. The first report is due three months from the date of this letter. The staff of the Grants —in —Aid Branch will monitor the project; correspondence should be addressed to this branch, and questions about specific project elements should be brought to the attention of the appropriate branch staff (see the enclosed list of telephone numbers). Your efforts to provide outdoor recreational facilities for your citizens are commendable. Sin•-rel Tim Hogs Chief Grants —In —Aid Branch TH:ED:js Enclosures CHARLES D. TRAVIS Executive Director TEXAS LOCAL PARKS, RECREATION AND OPEN SPACE FUND AGREEMENT Texas Parks and Wildlife Department Number: 20 -00264 Project Name: Project Period: Date of Project Approval to 2 -1 -91 Project Cost: $1,500,000 TEXAS PARKS AND WILDLIFE DEPARTMENT Round Rock Palm Valley Park Approved State Funds: $750,000 PROJECT DESCRIPTION (SCOPE) The city of Round Rock will develop 261 acres of 427 acre Palm Valley Park to include 6 lighted baseball fields, 1 lighted softball field, 1 mile asphalt hiking /nature trail, 2 shuffleboard courts, 2 horseshoe pits, 2 playgrounds, 4 fishing piers, 2 pavilion /restrooms with 8 grills, utilities, roads and parking, landscaping, walkways, area lighting, and signs. Round Rock Palm Valley Park is located off US 79 in the northeast area of the city. Pre - agreement costs incurred from 2 -1 -88 to the date of project approval in the amount not to exceed $157,000 shall be allowable under this agreement. (1 -88) For and in consideration of the mutual covenants and benefits hereof, the Texas Parks and Wildlife Department ( "Department ") and the "Sponsor" hereby contract with respect to the above described project as follows: 1. The Sponsor is obligated to adhere to all requirements established for the Texas Local Parks, Recreation and Open Space Fund Program including program guidelines set out at 31 TAC Sec. 61.131 Date 2. No work on the project by the Sponsor shall commence until written notice to proceed has been received from the Department. 3. The Sponsor shall furnish the Department an annual report for a period of five years following the project completion providing to the satisfaction of the Department information regarding present and anticipated use and development of the project site. 4. The Sponsor shall install and maintain at the project site a permanent sign as prescribed by the Department. 5. All utilities at the project site shall be underground and approved by the Department. 6. The General Provisions dated May 1985 attached hereto are hereby made a part hereof for all purposes. 7. The Agreement is effective upon execution by the Department. TEXAS P AND WILDLIFE DEPARTMENT for "Department ") 5 -26 -88 CITY OF ROUND ROCK (Political Subdivision)( "Sponsor ") by ..4 Mike Robinson, Mayor (Name and Title) `fr72s �i / /fee Date 4601 LPF CERTIFICATE OF LAND DEDICATION FOR PARK USE (TEXAS LOCAL PARKS, RECREATION AND OPEN SPACE FUND PROGRAM) This is to certify that a permanent record shall be kept in the City of Round Rock public property records and (City, County, Other) available for public inspection to the effect that the property described in the scope of the project agreement for Round Rock Palm Valley Park (Name of Park) (Project Number 20 -00 264 ), 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. OF 4601 -42 17 /63) Signatu e Mike Robinson, Mayor Name and Title (type) Dat 4 /98 i1 (Revised 5 -85) 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 lawfully 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 Park, 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 converted to otherthan 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 necessary to effectuate this provision. 2. The Participant shall comply with Title VI of the Civil Rights Act of 1964, which in part, (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 11I - Project Assurances A. Applicable Circulars The State shall comply with applicable regulations, policies, guidelines and requirements including the Federal Office of Management and Budget Circulars A -102 (Uniform administration requirements for grants -in -aid to State and Local governments), FMC 74 -4 (Cost principles applicable to grants and contracts with State and Local governments), and TRACS (Texas Review and Comment System) as they relate to the application, acceptance and use of State funds for grant assisted projects. B. 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 Information 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. C. Project Execution 1. The project period shall begin with the date of approval of the project ageement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended project period 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 handicapped under the provisions of Section 7, Article 601b, V.T.C.S. (S.B. 4111). The Participant will be responsible for conducting inspections to ensure 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 recreational 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 ensure that the completed work conforms with the approved plans and specifications; also, it will furnish quarterly progress reports and such other information as the Department may require. 7. The Participant will comply with the terms of Title I1 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 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. r 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 Preser- vation 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. D. 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 submitted 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 (18 U.S.C. 874) as supplemented by Department of Labor regulations (29 CFR, Part 3). 5. The Participant shall incorporate, or cause to be incorporated, into all construction 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 ensure 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; recruitment 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." "(3) The contractor will send to each labor union or representative of workers withwhich 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 worker's representative of the contractor's commitments under Section 202 of Executive Order No. 11246, as amended (3 CFR 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, regulations, and order 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 investigation 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 cancelled, 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. I1246, as amended, so that such provisions will be binding upon each subcontractor or 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 noncompliance: 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." E. 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 acquisition for or on behalf of the Participant. F. 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 Manual and House Bill 233, Acts of the 66th Legislature, 1979. G. 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. H. 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, examination, excerpts and transcripts. 1. 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. 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 parties. 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 termination. 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. Issued in Austin, Texas, on April 8, 1976. COIOELINES FOR ADlIINISTRATION OF LOCAL LAND AND WATER CONSERVATION FUND PROJECTS 127.50.08.001 The Texas Parka and Wildlife Commission, by authority of Sections 13.302 through 13.312, Texas Parka and Wildlife Code, has adopted Rule 127.50.08.001, to read as follows: .001. Policy. (a) It is the Commission's policy that the State Liaison Officer shall administer local projects in accord with the following guidelines, with interpretation of intent to be made to provide the greatest number of outdoor recreational opportunities for Texas in accord with priorities of the Terse Outdoor Recreation Plan: (1) Local administrative costs shall not be considered as eligible local matching funds unless circumstances dictate that high priority public needa will not be met without the full or partial benefit of such in -kind contribution. (2) A staged project, when requested by the Department, with concurrence of the sponsor, will be funded in sequential stages when sufficient federal funds are available, and the sponsor request. activation of a subsequent stage. (3) When the sponsors request a project be staged due to lack of local committed funds, only that part of the project which the sponsor certifies funds available will be supported. Subsequent stages will be submitted for funding as a new project. (4) Approved projects shall be pursued in a timely manner by the sponsor, unless due to extraordinary circumstances beyond the sponsor's control. Failure to meet the following time frames shall be grounds for the State Liaison Officer to initiate cancellation of the affected project in order to recommend reallocation of available funds to other projects: (A) Acquisition Projects: (i) Appraisals shall be forwarded to the Department no later than nine (9) months after receipt of official notice of project approval; and (ii) After the sponsor has been notified that the appraisal has been approved, the acquisition shall be completed and reimbursement(s) shall be filed with the Department no later than twelve (12) months. (B) Development Projects: (i) Construction plans and specifications shall be forwarded to the Department no later than nine (9) months after official notification of project approval; and (ii) On -the- ground construction shall begin no later than six (6) months after the Department by official notification has approved project plans and specifications. (5) Spoaaors will provide the State Liaison Officer with a report no less frequently than ninety (90) days, setting forth the physical and monetary progress of a project as correlated to the sponsor's approved. application. (6) The State Liaison Officer may increase funds allocated to an approved project in an amount not to exceed five percent (52) or 520,000. In those instances where the amount of monetary adjustment is large enough to significantly reduce the funds which could be utilized to support a higher priority project, the State Liaison Officer shall coneider the priority of the adjustment as compared to other pending projects. (7) Any official notification to project sponsors shall be made by certified mail. (8) Any provision of this policy shall be automatically amended should the federal government issue a regulation in conflict with this policy, provided that the State Liaison Officer shall submit to the Commission for consideration any federal action in conflict with this policy. GUIDELINES FOR ADMINISTRATION OF TEXAS LOCAL PARKS, RECREATION, AND OPEN SPACE FUND PROGRAM 127.50.09.001 This rule is adopted under the authority of Section 24.005, Texas Parks and Wildlife Code. .001. Policy. It is the Texas Parks and Wildlife Commission Policy that the Executive Director shall administer local projects in accord with the following guidelines with interpretation of intent to be made to provide the greatest number of outdoor recreational opportunitites for Texas in accord with priorities of the Texas Outdoor Recreation Plan. In keeping with this policy, local projects will not be approved from both the Texas Local Parks, Recreation, and Open Space Fund and the Federal Land and Water Conservation Fund Pengram unless extraordinary circumstances dictate that high priority public needs will not be met without the full or partial funding of both programs. (a) Rule 127.50.05.001, the Procedural Guide for Land and Water Conservation Fund Program, is adopted for the Texas Local Parks, Recreation, and Open Space Fund Program. (b) Rule 127.50.08.001, Guidelines for Administration of Local Land and Water Conservation Fund projects, is adopted for the Texas Local Parks, Recreation, and Open Space Fund Program, except all references to the State Liaison Officer shall mean the Executive Director. Issued in Austin, Texas, on June 6, 1980. General DEVELOPMENT PROJECT INSTRUCTIONS (Texas Local Parks, Recreation, and Open Space Fund Program) All plans and specifications must be approved by the Department prior to invitation to bid and construction. The Architect and /or Engineer preparing the plans and specifications should be registered and his or her seal and signature placed on all construction drawings prior to submittal for Department review. The attached "Plans and Specifications Guidelines" should be furnished to the Architect or Engineer and accompany the plans and specifications when they are forwarded for Department review. When the plans and specifications are completed, forward two (2) sets by cover letter to the Department with the enclosed Pre - construction Certificate and Handicapped Accessibility Statement of Intent (see next paragraph). Physically Handicapped Requirements TEXAS PARKS AND WILDLIFE DEPARTMENT 1 The standards and specifications adopted by the Architectural Barriers Branch of the State Purchasing and General Services Commission (SP &GSC) to comply with Section 7, Article 601b, V.T.C.S. are required to be included in the design of the park facilities. A copy of the standards and specifications and forms (Statement of Intent) to be accomplished are enclosed for your information and use. The Statement of Intent form must be submitted to the Department with the plans and specifications. The Permits 2 Department will forward to the SP &GSC and return to the sponsor after the SP &GSC has acknowledged receipt. The Participant shall insure that all applicable permits or approvals have been obtained prior to construction. A copy of these approvals or permits shall be provided the Department. Examples include, but are not limited to 1) Corps of Engineers Permit for construction in the waters of the United States, 2) Texas Department of Health approval for swimming pools, 3) Texas Department of Health approval of new water or sewage systems, 4) Texas Historical Commission approval of archeological assessment. Civil Rights The contractor is required to comply with regulations issued pursuant to the Civil Rights Act of 1964 with respect to nondiscrimination in assisted programs of the Department. The following provisions known as EQUAL OPPORTUNITY CLAUSE are to be incorporated verbatim in each contract. "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, creed, color, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; A 3 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. "(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' representative of the contractor's commitments under Section 202 of Executive Order No. 11246, as amended (3CFR 169 (1974)), and shall post copies of the notice 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 of 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, regulations, 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 investigation to ascertain compliance with such rules, regulations, and orders. Program Funds 4 "(6) In the event of the contractor's noncompliance with the nondiscrimination 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 No. 11246, as amended or by rule, regulation, 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 vendor. The contractor will take such action with respect to any subcontract or purchase order, as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: 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 interest of the United States." All bidders will be informed that State funds will be used to assist in construction. This can be accomplished in the "special provisions" of the specifications or in the bidding documents. Contract and Bond Requirements 5 A. For contracts expected to exceed $5,000, public notice shall be published as required by Article 2368a, V.T.C.S. to solicit competitive bids. B. Standard construction practices recommend a bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. C. For contracts exceeding $25,000 the following applies: 1. A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. 2. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and materials in the execution of the work provided for in the contract. 3. In lieu of the bond requirements for contracts less than $50,000, a provision that no money will be paid to the contractor until completion and acceptance may be included in the contract. 6 The Participant shall include, in addition to provisions to define a sound and complete agreement, the following provisions in all contracts: A. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. B. All contracts, amounts for which are in excess of $10,000 shall contain suitable provisions for termination by the Participant including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Program Acknowledgement Appropriate acknowledgement of Fund assistance is required. A. Temporary Signs - All development projects, including combined projects (acquisition and development) will be signed until completion of development. In the case of combined projects, signing can commence at the time development is initiated with the sign acknowledging both acquisition and development. Acquisition projects will be signed for a period of not less than 6 months. 7 Publicizing an acquisition project by installation of signs prior to the completion of the acquisition, particularly those involving the acquisition of several parcels, could seriously affect the negotiations for the properties to be acquired. Therefore, signing of acquisition projects should be delayed until the acquisition of all parcels is completed and all relocations have occurred. Development projects should be signed at the time construction is initiated. Temporary signs shall be no less than 3 feet by 4 feet (12 square feet) and no larger than 6 feet by 8 feet (48 square feet). The attached sample reflects the minimum standard required for the sign. The second line will indicate whether the project is acquisition, development or both. The temporary sign should have a white background with either red or blue lettering. It is acceptable to use both red and blue lettering where one color is used to highlight the project sponsor and the Fund, and the other color for the remaining lettering. B. Permanent Signs - Suitable permanent public acknowledgement for all development projects is required. This acknowledgment will be in the form of a permanent sign which represents the State - Local partnership role in creating outdoor recreation opportunities. It is suggested that this permanent acknowledgement be in the form of a plaque to minimize maintenance costs. The wording of Reimbursement Enclosure o Plans and specifications guidelines o Pre - construction Certificate o Physically handicapped standards w /statement form o Billing folder 8 the permanent sign should reflect that shown in the enclosed suggested layout. Please let us review and approve your plans for permanent recognition when they are finalized. When plans and specifications have been approved by the Department and construction has been initiated, billing will not be processed until copies of bid advertisement, bid tabulations and executed contracts are furnished the Department. The contract must be awarded to the low bidder unless a request for award of contract to other than low bidder has been submitted to the Department and approved. Enclosed is a folder with a project tabular summary and guidelines for preparation of billings. THE CITY OF Public Outdoor Recreation Site** Aided by THE TEXAS LOCAL PARK, RECREATION a OPEN SPACE FUND Administered by the Texas Parks and Wildlife Department FUNDING STATE 50% $ 50,000 City of * 50% $ 50,000 Total Project $100,000 * As Appropriate Acquisition, Development, or Acquisition and Development ** ANYTOWN BASEBALL PARK A TEXAS LOCAL PARKS, RECREATION, AND OPEN SPACE FUND PROJECT SPONSORED BY: THE CITY OF ANYTOWN TEXAS PARKS AND WILDLIFE DEPARTMENT DEDICATED JANUARY 1, 1983 J.T. ALDERS -MAYOR SUSAN JONES -CITY COMMISSION THOMAS AND GREER- LANDSCAPE ARCHITECTS 4601 (8 -82) TEXAS PARKS AND WILDLIFE DEPARTMENT PLANS AND SPECIFICATIONS GUIDELINES PURPOSE These guidelines describe the Texas Parks and Wildlife Department's policy regarding the preparation, review and approval of construction plans and specifications for development projects undertaken with assistance from the Department's Grants -in -Aid program. PLANS REVIEW Registered Professional Engineers, Architects, and Landscape Architects of the Department review all plans and specifications. Plans and specifications must be officially transmitted to the Department from the sponsor by a letter of transmittal accompanied by a pre- construction certificate. Plans and specifications will not be considered for review unless they bear the registration seal of the consultant, who is reminded that ethically his seal should appear only on documents for which he is personally responsible and technically proficient. Permits or letters of approval from other applicable State agencies must accompany submittals, if not furnished previously. (Examples: Texas Department of Health for swimming pools, new water or sewer systems; Texas Historical Commission for archeological clearance). REVIEW PERIOD A minimum of two (2) weeks should be allowed for review; consultant or applicant conferences with review personnel must necessarily be handled by appointment. LIMITS OF REVIEW AND APPROVAL The Parks Division of the Department is a reviewing body only, and its staff may not act as designers nor furnish detailed estimates. Review of design features will be limited to those delineated by the "Pre- Construction Certificate ", stated thusly: 1. Meet all applicable Federal, State and local codes and current engineering practices (this responsibility is to be borne by the consultant whose seal is affixed to the plans and specifications); ,. Page 2 2. That health, safety, durability and economy receive considera- tion consistent with the scope and objectives of the project; 3. That design is in good taste; 4. That the proposed development is suitable for the environment and will not harm the esthetic value of the area; and 5. That provisions have been made to insure adequate supervision by competent personnel. PHYSICALLY HANDICAPPED REQUIREMENTS The standards and specifications adopted by the Architectural Barriers Section of the State Purchasing and General Services Commission to comply with Article 601b of V.T.C.S. are required to be included in the design of the park facili- ties. PROGRAM ACKNOWLEDGEMENT SIGNS The format, location and construction details of signs acknowledging Fund assis- tance will be included on plans. INFORMATION REQUIRED Submitted plans and specifications shall in all cases be in sufficient detail to permit a comprehensive evaluation of the project. Because a project is to be constructed by force account rather than by contract does not relieve the applicant nor the State of their responsibilities to provide technically ade- quate construction documents. Bid proposals must identify costs of any portion of the work not supported by Fund assistance. These costs must be easily separated for audit purposes. Plans and specifications are not required on items such as playground equip- ment, picnic tables and benches to be purchased; however, the manufacturer's name and model number must be furnished. Plans and specifications for the installations must be provided. The attached design checklist labeled "Attachment #1 - Checklist for Plans and Specifications" establishes the minimum construction document elements required for Parks and Wildlife Department review. It is intended to assist the consul- tant and his client (the applicant) in obtaining rapid approval without dicta- ting criteria, creativity or originality. TYPES OF REVIEW ACTION The Sponsor will be informed of the result of the Department review: Page 3 1. Approval as submitted; 2. Approval as noted (subject to corrections, changes, etc. noted on documents); 3. Approval of certain portions as submitted or noted; or 4. Disapproval pending resubmittal. CONSTRUCTION PHASE Periodic inspections by Department representatives should be expected. Project change orders must be forwarded to the Department for review and approval prior to construction. FINAL INSPECTION Upon notification by the applicant or his representative that a project has been completed, the Parks and Wildlife Department will conduct a final inspection of records and facilities. Items not constructed in accordance with the approved plans and specifications may be disqualified for participation in the Grants -in- Aid program. a, a 1. General ATTACHMENT d1 Checklist for Plans and Specifications This checklist is designed for use by the Consultant, the Applicant and Texas Parks and Wildlife Department review personnel, in that order. Its purpose is to assist the involved parties in expediently meeting minimum criteria for recreational project development. Each item of the checklist should be marked by the consultant and applicant and submitted with plans and specifications to be reviewed. a. Sheet size, 24" x 36" preferred. b. Title Block, State Project Number, and Professional Registration Seal on all sheets. c. Vicinity Map PLANS d. Site plan showing location of all proposed facilities and existing facilities. e. Clearly indicate which'portions of work are to be accomplished by Force Account and which are to be by Contract work. f. Clearly indicate any work not included in project funding. g. North Arrows shown on all maps and site plans. h. Scale shown for all drawings. i. Indicate existing and finished contours and /or grades. j. Locate all Bench Marks. k. Program acknowledgement sign. a. a 2. Buildings a. Site plan - may be combined with other project elements if sufficient detail can be reflected. b. Sufficient number of elevations to depict each different view of building. c. Minimum of two cross- sections (longitudinal and transverse) including foundation; additional as needed. d. Foundation plan including structural details (reinforcing, etc.) e. Plumbing - plan and riser diagram, 1) cold water; 2) hot water; 3) gas; 4) waste and drains. f. Electrical - plan, circuitry diagram, symbols and schedule. g. Mechanical (HVAC) - plan, details, schedule. h. Room finish schedules (floor, wall, ceiling, etc.) i. Door and window schedule. Details - wall and roof sections; miscellaneous details necessary for fabrication and installa- tion of all building components. j. k. Dimensioned floor plan for each level. 1. Sufficient number of interior elevations to depict each different view. m. Identification of special provisions for use by handicapped. 3. Structures Other Than Buildings a. Site plan - may be combined with other project elements if sufficient detail can be reflected. b. Minimum of two (2) elevations. c. Minimum of two (2) sections, including foundation. d. Foundation plan including structural details. e. Sufficient dimensions to allow easy construction. 4. Roads and Parking a. Site Plan - may be combined with other project elements if sufficient detail can be reflected. b. Plan /Profile on roads. c. Cross - section showing type and dimension of materials, slopes, etc. d. Drainage patterns, grades, structures, etc. e. Existing and finished grades; spot elevations as required for clarity. f. All necessary dimensions, curve data, etc. 5. Landscaping (including nature trails, hiking trails, bikeways, turf, shrubbery, trees, landscaping struc- tures, irrigation systems) a. Site Plan - may be combined with other project elements if sufficient detail can be reflected. b. Existing and finished grades; spot elevations as required for clarity, drainage patterns as appropriate. c. Planting Plans; give dimensions and plant spacings, indicate existing and proposed plant materials by accepted common name; provide key for proposed plant material listing quantity, common name, scientific name, size plant, and transplanting condition (i.e., B & B, BR, Con- tainer) d. Transplanting and staking details for typical tree planting, shrub bed, and /or ground cover bed planting. e. Plans, elevations, cross- sections, and con- struction details as required for site develop- ments including walks, trails, curbs, retaining walls, foot bridges, steps, ramps, fences, bar- riers, entrance portals and signing. Z FZ CdF 6 pa�yy a U 6 H f. Sprinkler system plan including sized piping diagram, sprinkler head locations, and key for sprinkler head selections;typical spacing detail indicating coverage pattern, full, half, quarter, etc.; riser, valve, and piping installation details. Provide control wire/tubing diagram, valve location, etc. as required for atuomatci type system. Provide detailed specifications of all equipment proposed. 6. Water Systems a. Site Plan - may be combined with other project elements if sufficient detail can be reflected. b. Profile on all lines 6" or larger. c. Indicate size and type of materials of all lines. d. Show size and location of all valves, and valve boxes. e. Details - equipment installation. f. Typical details - ditch, line installation, etc. 7. Sewage Systems a. Site Plan - may be combined with other project elements if sufficient detail can be reflected. b. Profile on all lines larger than 4". c. Location and details of all manholes and cleanouts. d. Indicate size and type of materials. e. Details - equipment installations. f. Typical details - ditch. line installation, etc. 8. Electrical System a. Site Plan - may be combined with other project elements if sufficient detail can be reflected. b. Indicate line size and type. c. Indicate Primary and Secondary distribution system. FF F H U d H d. Building distribution schematic. e. Show location and size of all transformers, disconnects, and panels. f. Details - equipment installation. g. Typical details. h. Identify any existing overhead lines. 9. Telephone, Gas and Other Utilities a. Site plan - may be combined with other project elements if sufficient detail can be reflected. b. Indicate size and type of material. c. Details - as required. 7 F 6 6 • .F.l U N rl A a H SPECIFICATIONS *1. Addenda (stapled to inside of front cover) *2. Invitation and Instruction to Bidders *3. Special Instructions to Bidders *4. Contractor's Proposal Forms *5. Performance Bond Forms *6. Payment Bond Forms *7. Contract Forms *B. Certificate of Insurance *9. General Conditions *10. Supplementary and/or Special Conditions a. Statement regarding use of Program Funds b. Equal Opportunity Clause (non-Discrimination Provision) c. Wage Scale d. Other 11. Detailed Technical Specifications a. Table of Contents b. Technical sections - by major project element and/or craft involved. *Not specifically required on Force Account Projects PRE-CONSTRUCTION CERTIFICATION "I hereby certify that construction plans and specifications to be used in conjunction with Project No, are on file and that they meet all applicable Federal, State, and local codes and current engineering practices; that health, safety, durability, and economy received consideration consis- tent with the scope and objectives of the project; that the design is in good taste; that the proposed development is suitable for the envi- ronment and will not harm the esthetic value of the area; and that pro- visions have been made to insure adequate supervision by competent personnel." Signature Date Name Title PWD 453 13/83{ 4601 { (Rev. 4-82) STANDARDS FOR FACILITIES USABLE BY PHYSICALLY HANDICAPPED The attached standards and illustrations are extracted from standards established by the State Purchasing and General Services Commission. This extract is not intended to show all the standards but to highlight those most commonly encountered in our program. For a complete set of the standards, contact the Architectural Barriers Branch, State Purchasing and General Services Commission, P. 0. Box 13047, Austin, Texas 78711. Phone 512/475-2943. 1 " Parking and Passenger Loading Zones. (1) Appropriate Number. The appropriate number of parking spaces should be based on the location and function of the buildings or facilities the parking is to serve but never less than the number specified below: TABLE (e)1 Minimum Number Total Parking Spaces Available of Accessible Spaces 1 - 50 1 51 - 100 2 101 - 300 3 (2) Location. Accessible parking spaces and accessible passenger loading zones that serve a particular building should be located on an accessible circulation route and as near as possible to the accessible primary entries of the building or facility. (3) Parking Space Specifications. An accessible parking space is one that is open on at least one side and which allows room for individuals in wheelchairs, crutches or braces to safely get in and out of a vehicle onto a level surface suitable for wheeling and walking. Accessible parking spaces should not be located in such a place that would cause persons to wheel or walk behind parked cars. (A) Head-in or diagonal spaces shall be at least 96 inches (244 cm) wide with an adjacent aisle or clear space of at least 60 inches (152 cm) wide. A common aisle between two 96 inch wide spaces may be shared. See Figures (e)1.1 thru (e)1.4. In order to better accommodate handicapped persons using vans with side lifts, an aisle of 72 inches (163 cm) is preferred. (B) Parallel parking is discouraged except when it can be situated in such a manner that persons entering and exiting vehicles will be out of the flow of traffic. (C) Parked vehicle overhangs shall not intrude into or reduce the clearance of accessible routes. See Figure (e)1. (D) Parking surfaces and accessible aisles shall not have a slope in any direction in excess of 1:50 (2%). (E) Accessible parking spaces shall be identified and reserved for the handicapped by a sign incorporating the symbol of accessibility and placed so that it will not be obscured by parked vehicles. The signage shall be of such size that it is legible from a distance that would be reasonable for the condition. See Figure (e)3 for an example of an acceptable sign. 2 U / a � / 4 45 a 0 TY«� FIGL/E I.i4,,^ Frl.E 1.2 7 e T 1 b a n,p t -- MARE 1.4 NM-ALL PARK 6?ACE VAT VES*0" ME SRO WHITE LIES V TO 6•MOE. - AMA A AMM SHORN AHE VWAVLES COLT,OTHER ILT4004 TO MrATE A «o AAhcIA:AAG A«[ACC[PfL1<(. FUJFE I.! 316 318 3 • 1 112 �+--4 7r8 5 2 RESEVE 21 PAR I NG 2C 112 3 3 1 coLDRs LEGEND AND BORDER-GREEN 16 BACKGROUND-WMTE Wt%TE SYMBOL ON BLUE BACKGROUND 6 314 ,✓��--- -----�----Ste`• 1 112 �i f a� 3 7/87 3 716 2 112 12 R/'8 .russoasW,rorn.w.. rpt i%X.1 rcn.ra se.r�s TI I stun r u.rrto wusr�s m a wA A•.w��cont s..a. 3,8 Al4 2 E520 FINE COLORS LEGEND 1N0 BORDER-GREEN I� BACKGROUND.WMTE VEHICLE %c Vg IT 7/8C 2 12 R7-8a Curb Ramps. (1) General. Wherever curbs intersect accessible routes, curb ramps shall be provided. Where ramps are required for curbs in excess of 8 inches (20 cm) high, the curb ramps shall comply with the standards and specifications contained in Section on Ramps. Where ramps are required for curbs 8 inches (20 cm) or less, they shall conform to the standards and specifications contained in this sec - tion. (2) Curb Ramp Requirements. (A) Curb ramps shall be located so that they are not obstructed by parked vehicles and shall not intrude into vehicular traffic lanes. Slope. Curb ramps shall not exceed the slope and rise ratios set out in Table (f) 1. Sloped surfaces shall have a slip- resistant texture or finish. Textures may consist of exposed crushed stone aggregate, rough- ened concrete, rubber, raised abrasive strips, or grooves. Surfaces that are raised, etched or grooved in such a manner that permits water accumulation are prohibited. Curb ramps having slopes less than 1:10 (10 %) shall, for the purpose of warning, have a surface texture that significantly contrasts with that of the surrounding surfaces. The minimum width of a curb ramp shall be 36 inches (91 cm), exclusive of flared sides. Curb ramps less than 48 inches (122 cm) wide and without side protection shall have flared sides with slopes not exceeding the slope and rise ratios set out in Table (f) 1, applied at the curb line. See Figure (f) 1.3. Curb ramps intersecting with pedestrian walks shall have flared sides. The maximum allowable slope of the flare shall be 1:10 (l0 %). See Figures (f) 1.1 and (f) 1.2. Curb ramps shall be designed so that the "cradle" will allow wheelchair footrests to clear the adjoining surface during transition. The minimum allowable angle from surface to sur- face shall be 170 degrees. See Figure (f) 2. 4 Maximum Allowable Maximum Horizontal Slope % Maximum Rise Projection (Run) 16.7% (1:6) 12.5% (1:8) 11.0% (1:9) 3 inches (8 cm) 7 inches (18 cm) 8 inches (20 cm) 18 inches (46 cm) 56 inches (142 cm) 78 inches (183 cm) TABLE (f) 1 (f 1 . 1 (f) 1.3 FIGURE (f) 1 FIGURE (f) 2 120 minimum angle 7 / • / (F) 1.2 10 /1 (f ) 1 .4 Sidewalks and Building Approaches. When sidewalks or other defined walkways are part of an accessible route to buildings or facilities, they shall adhere to the standards and specifications of this section. (1) Width. Walkways in excess of 30 feet (9 m) shall be a minumum of 44 inches (112 cm) wide. A minumum of 36 inches (91 cm) is permitted for walkways less than 30 feet (9 m) in length and having no drop -off hazards, obstacles, or turning requirements greater than 90 degrees. (2) Surface. Walk finishes and materials shall provide a surface that is firm, stable, and slip- resistant. Irregular surfaces such as cobblestone or improperly laid flagstone and brick are not acceptable. (3) (5) Changes in Level. Walks shall have a continuous common surface not interrupted by steps or abrupt changes in level. Level changes not exceeding 3/4 inches (2 cm) having beveled edges are acceptable. (4) Slope. Walks or portions of walks exceeding a slope of 1:20 (5 %) shall be classified as ramps and shall comply with Section on Ramps. EXCEPTION: A slope not exceeding 6% may be permitted on walks less than 30 feet (9 m) in length. Obstructions. Extreme care should be taken so that objects such as receptacles, dispensing machines, signs, flower boxes, trees and other plants are not placed in such a manner that hazards are created along a walkway. (A) No protrusions shall reduce the clear width of any portion of a walkway to less than 36 inches (9 cm). (B) An overhead clearance (headroom) of at least 80 inches (203 cm) must be provided the entire length and width of a walkway. (6) Walks at Entries. Walks terminating at accessible building entries shall have landings complying with the applicable standards and specifications. 6 Ramps. Any part of an accessible route with a slope greater than 1:20 (5 %) shall be considered a ramp and shall comply with this section. EXCEPTION: Sloped surfaces less than 6% and less than 30 feet (9 m) in length may be acceptable. (1) Slope and Rise. Ramps shall not exceed the slope and rise ratios set out in Table (h).1. 7 (2) Width. The minimum clear width of a ramp shall be 48 inches (122 cm). EXCEPTION: Single run ramps not in excess of 30 feet (9 m) in length may have widths of no less than 36 inches (91 cm). (3) Landings. Ramps shall have level landings at the bottom and top of each run complying with the following: (A) The landings shall be at least as wide as the widest ramp run leading to it. (B) The landing length shall be a minimum of 60 inches (152 cm) clear. (C) There shall be a level landing of at least 60x60 inches (152x152 cm) wherever ramps change direction. (4) Handrails. Any ramp or portion of a ramp having a horizontal projection greater than 72 inches (183 cm) shall have handrails on both sides. Hand- rails are not required on curb ramps. Ramp handrails shall comply with this paragraph. (A) Handrails shall be provided along both sides of ramp segments. The inside handrail on switchback or dogleg ramps shall always be continuous. (B) Where handrails are not continuous, they shall extend at least 12 inches (30 cm) beyond the top and bottom of the ramp segment and shall be parallel with the floor or ground surface. Full extensions shall not be required where such exceptions would create protruding hazards. (C) Handrails that are wall- mounted or are located adjacent to another surface of object, shall have a clear space between the rail and wall surface or object of at least 11/2 inches (4 cm). (D) Handrail gripping surfaces shall be continuous without interruption by mounting brackets, mullions, or newal posts. (5) 8 (E) Handrails shall be mounted not less than 30 inches (76 cm) nor more than 34 inches (86 cm) above the ramp surface and secured so that they can support a horizontal thrust of 50 pounds per linear foot. (F) The diameter or width of the gripping surface of handrails shall be 1; inches to 1; inches (3 to 4 cm), or shaped to provide an equivalent gripping surface. Handrails shall not rotate in their mountings. (G) Open -sided ramp segments and landing not protected by curbs or walls shall have intermediate horizontal or vertical rails or other features arranged so that the passage of a 9 inch (23 cm) sphere at the ramp surface is prohibited. Surfaces and Cross - Slopes. Ramp surfaces shall have a slip- resistant texture of finish such as is provided by exposed crushed stone aggregate concrete, rubber, raised abrasive strips, grooves or other roughened finish. Surfaces that are raised, etched or grooved in such a manner that permits water accumulation are prohibited. The cross -slope of ramp surfaces shall be no greater than 1:50. (6) Edge Protection. Ramps and landings with drop -offs shall have curbs, walls, railings, or projecting surfaces that prevent persons from slipping off the ramp. Curbs shall be a minimum of 2 inches (5 cm) high. Maximum Allowable Maximum Horizontal Slope % - Maximum Rise Projection (Run) 16.7% (1:6) 12.5% (1:8) 10.0% (1:10) 8.3% (1:12) 7.1% (1:14) 6.0% (1:16) 3 inches (8 cm) 18 inches (46 cm) 7 inches (18 cm) 56 inches (142 cm) 9 inches (23 cm) 96 inches (244 cm) 30 inches (76 cm) 30 feet (9 m) 34 inches (86 cm) 40 feet (12 m) 44 inches (112 cm) 60 feet (18 m) TABLE (h) 1 9 Toilet Rooms. When toilet facilities are provided, an appropriate number but never less than one shall comply with this section. (1) Appropriate Number and Location. At least 20% of the total number of restroom units within a building or facility, shall comply with the standards and specifications of this section and shall be located in places considered equitable to the remaining units. Accessible men's and women's restrooms shall be required except in buildings and facil- ities where only unisex restrooms are provided. (2) Doors and Entrances. All doors to and within applicable toilet rooms shall comply with Section on Doors. Doors shall not swing into the clear floor space required for any fixture. Alcove or vestibule entries in applicable toilet rooms shall comply with Section on Doors, and shall not have door configurations in conflict with that section. (3) Clear Floor Space. All applicable fixtures and controls required by this section to be accessible, shall be on an accessible route. An unobstructed turning space of at least 60x60 inches (152x152 cm) shall be provided in all applicable toilet rooms. The clear floor spaces at fixtures and controls, the accessible route, and the turning space may overlap provided the clear space under fixtures is at least 27 inches (68 cm) above the floor. (4) Toilet Stalls. If toilet stalls are provided in toilet rooms required to be accessible, then a reasonable number but always at least one shall: (A) be on an accessible route. (B) have the size and arrangement complying with appropriate standards and specifications and in the configurations illustrated in Fig- ures (1) 1.1 and (1) 1.2. (C) have a toe clearance of no less than 9 inches (23 cm) under the front partition and at least one side partition. If the depth of the stall is greater than 60 inches (152 cm), then a toe clear- ance is not required. (D) If doors are provided, they shall be outswinging and shall comply with Section on Doors. Door openings greater than 32 inches shall be required when the approach and turning requirements restrict wheelchair movement. Maneuvering clearances at stall openings shall be as shown in Figure (1) 1. To make it easier for users to close toilet stall doors, it is recommended that spring hinges, closers, or pull -bars mounted on the inside surface of the door near the hinge side be provided. (E) have grab bars complying with the length and positions shown in Figures (1) 1 thru (1) 3. Bars may be mounted by any desired method so long as they have a gripping surface at the locations shown, do not obstruct the required clear floor area, and that comply as follows: (i) the outside diameter of the gripping surface shall be 1 1/4 inch to 1 1/2 inch (3 to 4 cm). (ii) if grab bars are mounted on or adjacent to a wall, the space between the wall and the grab bar shall be 1 1/2 inches (4 cm). (iii) the structural strength of grab bars, their fasteners, and mounting devices shall be such that they can support at least 250 lbf. (6) Urinals. If urinals are provided, a reasonable number but always at least one, shall be on an accessible route and shall comply with this paragraph. 10 (iv) primary grab bars shall be mounted so that they are hor- izontal to the floor at heights of 33 to 36 inches (84 to 91 cm) above the floor. Secondary or supplemental grab bars may be mounted vertically or diagonally provided they do not interfere with the use of the primary bars. All grab bars and any wall or other adjacent surface shall be free of any sharp or abrasive elements. (v) have water closets complying with paragraph (5) below. (F) have toilet paper dispenser within easy reach of the water closet but shall not interfere with the use of the grab bars. See Figure (1) 2.2 for preferred location. (5) Water Closets. At least one water closet in each accessible toilet room shall comply with this paragraph. (A) Clear Floor Space. Clear floor space for water closets not in stalls shall comply with applicable dimensions per Figure (1) 3.1 thru (1) 3.3. Clear floor space may be arranged to allow either a left- handed or right- handed approach. (B) Height. The height of accessible water closets shall be 17 to 19 inches (43 to 48 cm) measured from the floor to the top of the toilet seat. Thick seats and filler rings may be used to adapt standard fixtures to the proper height. (C) Flush Controls. Flush controls shall be hand operated and shall be mounted on the wide side of the toilet area no more than 44 inches (112 cm) nor less than 28 inches (71 cm) above the floor. (A) Height. Urinals shall be floor- mounted or wall -hung with an elongated rim mounted no higher than 17 inches (43 cm). (B) Clear Floor Space. A clear floor area of at least 30x48 inches (76x122 cm) shall be provided in front of urinals to allow a forward approach. (C) Flush Controls. Flush controls shall be hand - operated and shall be mounted on the wide side of the toilet area no more than 44 inches (112 cm) nor less than 28 inches (71 cm) above the floor. (0) Faucet controls and other operating devices relative to the use of lavatories, shall be within the reach limitations prescribed in Section (c) and as shown in Figure (1)4. Faucet controls shall be operable with one hand and shall not require tight grasping, pinching or severe twisting of the wrist. The force required to activate controls shall be no greater than 5 lbf. Lever - operated, push -type, and electronically controlled mechanisms are examples of preferred designs. Self- closing valves shall remain open for at least ten (10) seconds. 11 (7) Lavatories. If lavatories are provided, a reasonable number but always at least one shall comply with this paragraph. Lavatory approach accessibility may be satisfied by complying with either sub - paragraph (A) or (8) below. (A) Frontal approach accessibility shall be achieved by complying with the height and space requirement shown in Figures (1)4.1 and (1)4.2. (B) Side approach accessibility can be achieved by complying with the height and space requirements shown in Figures (1)4.3 and (1)4.4. (C) Hot water and drain pipes under lavatories shall be insulated or otherwise covered and there shall be no sharp or abrasive surfaces under the lavatories. (8) Toilet Room Fixtures and Equipment. (A) Mirrors. If mirrors are provided, an appropriate number but never less than one, shall be mounted so that the bottom edge is no higher than 40 inches (102 cm) from the floor. They shall be mounted on an accessible route at a location consistent with that of other mirrors in the same restroom. EXCEPTION: Mirrors having a permanent (fixed)_ tilt may be mounted higher than the prescribed height provided the viewing level is equal to the 40 inch (102 cm) height at a distance of approximately 48 inches (122 cm). See Figure (1)5. (B) Controls, Dispensers, and Other Equipment. At least one of each type of control, dispenser, or other operable equipment that is provided in a toilet room shall be on an accessible route and shall: (i) be no higher than 48 inches (122 cm) above the floor for frontal approach and 54 inches (137 cm) maximum for side approach. A minimum height of 28 inches is recommended. (ii) have controls that are operable with one hand and not requiring tight grasping, pinching or severe twisting of the wrist. The force required to activate operating controls shall be no greater than 5 lbf. 12 9 lso m (1) 1.1 (1) 1.2 11 Mall doo, width is 32 In (91 •m),Y shell b• 40 In (102 cm) min. 36 in (91 sm), Y shall b• 36 in (91 cm) min (1) 3.1 (1) 1.3 FIGURE (1) 1 (1) 3.2 FIGURE (1) 3 (1) 3.3 13 (n) 1.1 (1) 4.2 4o min si (1) 4.4 FIGURE (1) 4 oes• '8� FIGURE (1) 5 (n) 1,2 (1) 4.3 3 P 2 f 14 (n) L3 (1) Appropriate Number. A minimum of 30% of the total number of units located within a building or facility shall be considered appropriate provided they are strategically located througout the facility. The appropriate number of accessible units in exterior locations, such as in parks and recreational and sports facilities, shall bE based on the total number of units provided and the distance and location of the units. 15 Drinking Fountains and Water Coolers. If drinking fountains or water coolers are provided, an appropriate number but never less than one shall be provided accessible route and shall comply with the standards and specifications of this section. (2) Clearances. (A) For frontal approach, wall and post- mounted cantilevered units shall have a clear knee space between the bottom of the apron and the floor or ground, 25 to 27 inches (64 to 69 cm) high, 30 inches (76 cm) wide, and 17 to 19 inches (43 to 48 cm) deep. Such units shall also have a minumum clear floor space of 30x48 inches (76x122 cm) to allow a person in a wheelchair to approach the unit facing forward. (3) (B) Free - standing or built -in units not having a clear space under them, shall have a clear floor space in front sufficient in size to allow a person in a wheelchair to make a parallel approach to the unit. Spouts. Accessible drinking units shall have up -front spout outlets no higher than 36 inches (91 cm) measured from the floor. The spout shall direct the water flow in a trajectory that is parallel or nearly parallel to the front of the unit. The spout shall provide a flow of water approximately 4 inches (10 cm) high so that a cup or glass may be inserted under the flow of water. (4) Controls. Controls shall be up -front no higher than 36 inches (91 cm) nor lower than 28 inches (71 cm) above the floor. They shall be operable with one hand and shall not require tight grasping, pinching or severe twisting of the wrist. The force required to activate controls shall be no greater than 5 1bf. Signage. When signage is used for general circulation directions or for the identification of rooms and spaces, at least one unit of signage shall be provided for each function and each room or space that is identified. (1) Character Proportion. Letters on signs shall have width to height ratios between 3:5 and 1:1, and a stroke width to height ratio between 1:5 and 1:10. (2) Color Contrast. Characters and symbols shall contrast with their background. 16 (3) Raised or Indented Characters or Symbols. Letters, symbols, or pictographs on signs shall be raised or incised at least 1/32 inches (80 mm). Raised characters or symbols shall be at least 5/8 inch (16 mm) high. Indented characters or symbols shall have a stroke width of at least 1/4 inch (6 mm). NOTE: (1) Some blind persons have difficulty in distinguishing excessively large characters. It is recommended that characters no higher than 2 inches (5 mm) in height be used for purposes of identification for the blind. (2) Braille characters may be used in addition to standard alphabet characters and numbers. Braille characters should be placed to the left of standard characters. Raised borders around raised characters are discouraged. (4) Mounting Height and Location. Room identification signs shall be mounted on the wall surface on the handle side of doors at approximately 60 inches (152 cm) above the floor and within 8 inches (20 cm) from the outside edge of the door frame. I, the undersigned building owner or authorized agent, having examined Article 7, thereof, and do hereby notify the State Purchasing and General or cause to be performed, all services necessary to complete Article 601b, Vernon's Texas Civil Statutes, am familiar with the provisions Services Commission of the below described project and certify that I will perform, said project so that it will comply with the provisions of the statute. NAME OF BUILDING OR FACILITY EST. DATE OF COMPLETION LOCATION (ADDRESS) OF BUILDING OR FACILITY CITY ZIP CODE COUNTY ( BUILDING OWNER TELEPHONE NUMBER MAILING ADDRESS CITY STATE ZIP CODE ( ) OWNER CONTACT PERSON TELEPHONE NUMBER ( ARCHITECT TELEPHONE NUMBER MAILING ADDRESS CITY STATE ZIP CODE PROJECT DESCRIPTION SIGNATURE OF OWNER OR AUTHORIZED AGENT TITLE COMPANY OR FIRM DATE STA11E PURCHASING AND GENERAL SERVICES COMMISSION P.O. BOX 13047 Capitol Station Austin, Texas 78711 HANDICAPPED ACCESSIBILITY STATEMENT OF INTENT EAB PROJECT N 3030 &066 THIS FORM IS ADOPTED IN ACCORDANCE WITH RULE 115.56 PROMULGATED UNDER THE PROVISIONS OF ARTICLE 601b, SUPRA, AND IS TO ACCOMPANY THE PROJECT PLANS AND SPECIFICATIONS WHEN THEY ARE SUBMITTED 10 THE COMMISSION FOR REVIEW. ere? IF FINAL CERTIFICATION OF THE BUILDING OR FACILITY IS DESIRED, THE OWNER OR AN AUTHORIZED AGENT SHOULD NOTIFY THE COMMISSION IMMEDIATELY UPON COMPLETION OF THE PROJECT. ACCESSIBILITY CERTIFICATIONS AS DESCRIBED IN RULE 115.88, WILL BE ISSUED BY THE COMMISSION ONLY UPON A FINDING OF COMPLIANCE PURSUANT TO THE VERIFICATION PROCESSES AUTHORIZED IN RULE 115.57 AND RULE 115.58. STATE PURCHASING AND GENERAL SERVICES COMMISSION RECEIVED BY DATE C. Where to File. Office for Equal Washington, D.C. received by NPS forwarded to the TITLE VI COMPLAINT PROCEDURES 1. GENERAL (28 CFR 42.408) (43 CFR 17) This section prescribes the procedures of the Department and its primary recipients with respect to the prompt processing and disposition of complaints. 2. WHO MAY FILE Any person or specific class of persons, who believe that he or she has been subjected to discrimination as prohibited by the Act may personally, or by representative, file a complaint. 3. HOW, WHEN, AND WHERE TO FILE A. How to File. All complaints filed under Title VI must be in writing, and signed by the complainant and /or the complainant's representative. (1) Form of Complaint. In the event that a complaint is made in other than written form, the official receiving the complaint must instruct the complainant to reduce the complaint to writing and submit it to the Office for Equal Opportunity, Department of the Interior for prompt processing. (2) Content of Complaint. The complaint should contain: the name, address, and telephone number of the complainant; the name and address of the alleged discriminatory official or recipient; the basis of the complaint; and the date of the alleged discrimination. B. When to File. Complaints must be filed within 180 days from the date of the alleged discrimination. The time limit for filing may be extended by the Director of the Office for Equal Opportunity. Complaints should be filed directly with the Opportunity, U.S. Department of the Interior, 20240. In the event that complaints are and /or recipients, such complaints shall be Office for Equal Opportunity within 10 days. D. Public Notification of Right to File a Complaint. The NPS shall be responsible for ensuring that its recipients inform the public of their right to file a complaint. Where primary recipients extend Federal assistance to subrecipients, the primary recipient shall also be responsible for ensuring that this standard is met. (28 CFR 42.405). (1) This is to be accomplished by distribution and display of posters explaining the nondiscrimination provisions to Title VI as they apply to State and subrecipient recreation programs. Posters must be placed in at least one conspicuous place in each funded system, but preferably will be visible in several locations. In addition to Title VI requirements, posters should note the availability of additional Title VI information and explain briefly the procedures for filing complaints. (2) NPS and its recipients shall also include information on Title VI requirements, complaint procedures, and the rights of beneficiaries in handbooks, manuals, pamphlets, and other materials which are ordinarily distributed to the public to describe the federally assisted programs or activities. In areas where a percen age of the population in excess of 10% (or 5,000) speaks a language other than English, the above described material hould be prepared in the appropriate language. 4. COMPLAINT PROCESSING. (28 CFR 42.408) (43 CFR 17.6) A. Acknowledgement of Con .1 int. The Office for Equal Opportunity s a ac now e.ge in wr ing, the receipt of every complaint within 10 days of recept'on. Acknowledgement letters shall be sent to the complainant, PS and the primary recipient. B. Complaints Log. Recipien s shall maintain a log of any Title VI complaint received. Mor over, OEO shall maintain a log of all such complaints received or processing. (1) Purpose of Log. T provide essential complaint being pro e purpose of the complaint log is to information and data regarding each ssed by the Department. (2) Log Format. Each log must contain a case number, the complainant's name, address, and telephone number. Also, the log must include a description of the complaint; the date the complaint as filed and investigation completed; the disposition of he case; and all other pertinent infor- mation related to t complaint. (28 CFR 42.408). C. Routing Responsibilities When NPS or any recipient receives a complaint, the office in receipt must log in the complaint, note the date of receipt on t e complaint and maintain a confidential copy for its records. he original complaint document must be forwarded to the Office for Equal Opportunity within ten (10) days of receipt pursuant to 650.9.3C. OEO shall acknowledge its receipt and notify the r:cipient, as well as NPS of the assigned case number. D. Determination of Jurisdi tion. Upon receipt of a complaint by the Department, the Office for Equal Opportunity shall determine whether the complaint comes within the purview of the Act. (1) Complaints Referral. When the Department lacks jurisdiction over a complaint, the Director shall refer the complaint to the appropriate State or Federal agency that has responsibility for addressing the concern. Upon receipt of such a complaint, the OEO shall notify the NPS recipient and complainant's representative of its actions. 5. COMPLAINT INVESTIGATIONS. (43 CFR 17.6(d)) A. Scope. Investigations shall be confined to issues and facts relevant to the allegation(s) of the complaint. B. Confidentiality. Complainants shall be offered a pledge of confidentiality as to his /her identity. This offer, if accepted, shall be binding on the investigator. Complainants shall be interviewed at all times in places which will not create a risk of compromising confidentiality. Except where essential to the investigation, the investigator shall not reveal the identity of the complainant to the respondent or to any other third party. If the investigator determines the necessity to reveal the complainant's identity, complainant's permission to do so must be secured. C. Conduct of Investigation. Upon determination of jurisdiction by the Department, the Office for Equal Opportunity shall promptly initiate an investigation of the matter. D. Investigation Reports. In all instances where an investigation has been conducted, an investigation report shall be prepared, with findings and recommendations. The complainant and the agency against wham the complaint is made shall be notified in writing of the disposition of the matter. E. Investigations by Primary Recipients. (1) Authorization Primary Recipients to Process Complaints The Director, within 10 working days of the receipt of a complaint, may authorize primary recipient to investigate the complaint and make findings and recommendations subject to OEO approval. (2) Scope of Primary Recipient's Authority. Upon delegation of authority by the Director, a primary recipient may investigate complaints filed against subrecipients. The investigative report will be provided to OEO within 30 days of authorization to investigate. The primary recipient may not investigate any complaint in which it, or any of its officers or employees is implicated. If at any time prior to its completion, it is determined that investigation of a complaint has been improperly conducted, the Director may withdraw the primary recipient's authority to investigate. If the complainant is dissatisfied with the findings of the investigation, the complainant may appeal the findings to 0E0 for its decision within 5 days of the complainant's receipt. COMPLIANCE REVIEW PROCEDURES 1. GENERAL (28 CFR 42.407) (43 CFR 17.6a) This section prescribes the types of compliance reviews which will be conducted periodically to ensure that the Department's outdoor recreation programs are operated in compliance with the Act. Such reviews will cover NPS primary recipient and subrecipient operations. 2. COMPLIANCE REVIEW RESPONSIBILITIES (28 CFR 42.411) (43 CFR 17.5) The office for Equal Opportunity shall periodically conduct onsite compliance reviews of NPS primary recipients and subrecipients. Moreover, primary recipients shall review the operations of its subrecipients. These reveiws shall be accomplished in accordance with 650.9.4E. The office that conducts the compliance review shall prepare and issue a report on its findings and recommendations to the reviewed entity within a timely period after the onsite review is completed to assist the review entity in voluntarily complying with the Act. However, remedial action must be initiated by the recipient or subrecipient to correct the deficiency(s). Where conditions of noncompliance have been found, such conditions must be resolved by the recipient within a reasonable period of time. A copy of the report and related correspondence shall be kept on record by the office performing the review for a period of 3 years. This information shall be made available to the OEO upon request. 3. DETERMINATIONS OF COMPLIANCE All determinations of compliance with the Act shall be made by OEO. It is expected that NPS will review Title VI aspects of the program in conjunction with ongoing program reviews. 4. SELECTION CRITERIA A. Post Award Reviews. In the selection of recipients and subrecipients for post -award review, OEO shall base selections on such factors as: (1) Available compliance information collected from previous reviews; (2) The frequency of past compliance reviews conducted of the recipients; Community racial patterns; (3) (4) Title VI complaints of alleged discrimination; (5) The size of the federally assisted program or activity; and (6) The amount and type of Federal assistance to the recipient. 5. COMPLIANCE REVIEWS A. Compliance Reviews of Primary Recipients by OEO. Recipient compliance shall be based on the following: (1) Whether the primary recipient, in allocating Federal funds, has considered the criteria set out in 650.9.2C in meeting the nondiscrimination provisions of Title VI. (2) Whether the primary recipient is adequately providing Title VI information to its subrecipients and by what means (i.e. through posters and brochures). Where necessary, whether bilingual information is also available. (3) Whether Title VI complaints received by the primary recipient are forwarded immediately to OEO. (4) The frequency and quality of all compliance assistance provided by the primary recipient for its subrecipients. (5) Whether Title VI compliance responsibilities have been designated to qualified primary recipient staff personnel and whether such responsibilities are being effectively executed. B. Compliance Reviews of Subrecipients. Subrecipient compliance with the Act shall be based on the following: (1) Whether and by what means the subrecipient notifies the public that its programs are offered on a nondiscriminatory basis: (a) Whether the Title VI ( "An Equal Opportunity for All ") poster or one comparable is visible in conspicuous areas on the premises. (b) Where mailing and /or telephone lists are used to inform the public of subrecipient programs, whether such lists are comprised of a racial and ethnic cross - section of the community. (c) Where necessary, whether bilingual informational materials are provided the public. (2) Whether racial data concerning minority participation in subrecipient programs is gathered and maintained for review, where program participation has been found to be deficient. (3) Adherence to Title VI complaint procedures pursuant to Section 650.9.3. (4) Whether records indicate that complaints of alleged discrimination has been received and forwarded to OEO. Where planning and advisory groups exist, whether membership includes minority representatives. (6) Whether services and programs are comparable in minority and majority communities with respect to development and maintenance standards. (5) (7) Whether all persons have an equal opportunity to participate in programs and activities without discrimination or segregation by race, color or national origin. More specifically: (a) Accessibility of facilities and services to the minority community. (b) Where admission fees are charged for program participation, whether such fees are equal in both minority and majority communities. (c) Adequacy of outreach programs to the minority community. 6. IF NON- COMPLIANCE IS FOUND. (28 CFR 42.411) A. Voluntary Compliance Defined. Voluntary Compliance means willingness to correct conditions of noncompliance identified by complaint investigations or compliance reviews. Departmental regulations (43 CFR 17.7) requires the resolution of an apparent condition of noncompliance by informal means whenever possible. B. Procedures for Effectuating Voluntary Compliance. In every case where a complaint investigation or compliance review results in a finding of noncompliance, the Director shall notify the recipient through certified mail of the apparent noncompliance. The notice shall clearly identify the conditions of noncompliance and offer a reasonable time to willingly comply. (2) The Office for Equal Opportunity shall record the date the recipient received notice, and shall note and record the last day afforded the recipient for voluntary compliance before initiating the administrative process to terminate Federal assistance. (1) (3) The recipient may request a meeting for the purpose of discussing the problem areas or requirement for compliance. The principal investigator will accompany the Director or his designated representative to the meeting for the above stated purpose. (4) The Director or his designee shall approve the recipient's voluntary compliance plans, methods, procedures, and proposed actions if such approval will result in compliance with the Act. C. Sanctions Available to the Department. When an applicant for or a recipient of Federal financial assistance is found to be in noncompliance with the Act, and compliance cannot be achieved by voluntary means, the Act provides several enforcement alternatives. If discrimination based on race, color, or national origin or any other technical violation of the Act is found in an applicant's program, the Office for Equal Opportunity can recommend temporary deferral of federal funds to the agency awarding the grant until full compliance has been satisfactorily established. If the grant has been made, the Office for Equal Opportunity may initiate administrative proceedings for the termination of current and future funding. Alternatively, the OEO may enforce the Act by any other means authorized by law." Although not explicitly stated by the Act, such other means include referral to the U.S. Department of Justice for appropriate judicial enforcement. No order suspending, terminating, or refusing to grant assistance to a recipient can become effective until the Office for Equal Opportunity has: (1) Advised the recipient of its failure to comply and determined that compliance cannot be secured by voluntary means. (2) Made an express finding on the record after opportunity for hearing of a failure by the applicant or recipient to comply with a Title VI requirement. (3) Obtained approval of the action to be taken from the Secretary of the Interior (43 CFR 17.7(c)). (4) Ensured that the Secretary has filed with the committee of the House and the committee of the Senate having legislative jurisdiction over the program involved. (5) Submitted a full written report of the circumstances and the grounds for such action to the Secretary. 7. IF NO CONDITIONS OF NONCOMPLIANCE ARE FOUND Where the Director or his designee determines that review and investigation findings do not support an allegation of discrimination, the complaint shall be administratively closed. Within five (5) working days of the closing date, the complainant will be notifed through certified mail of the decision and given the reason(s) for the decision reached. 8. REFERRALS TO THE U.S. DEPARTMENT OF JUSTICE. (28 CFR 42.408 & 411) The Department shall report to the Assistant Attorney General of the Civil Rights Division on January 1 and July 1, of each year, the receipt, nature, and disposition of all processed Title VI complaints. Any conditions of noncompliance in a recipient program or activity which cannot be voluntarily resolved by OEO, shall also be reported to the Assistant Attorney General for appropriate judicial enforcement within 60 days. ACTIONS PROHIBITED UNDER TITLE VI 1. STANDARD A recipient or other party to which these guidelines apply shall not directly or through contractual or other arrangements subject any individual or class of persons to discrimination on the ground of race, color, or national origin in the provision of benefits and services under a Federally assisted outdoor recreation program of the Department. 2. EXAMPLES OF PROHIBITED PRACTICES AND REMEDIAL ACTIONS Identified below are examples of the types of discrimination prohibited under the Act and remedial actions to be implemented. Discriminatory practices prohibited under the Act are not limited to the examples contained herein; any other practices which have the effect of restricting program participation or providing preferential treatment on the basis of race, color, or national origin are also prohibited. A. Any difference in quality, quantity, or the manner in which the benefit is provided. Example: A municipal recreation department that receives assistance from the Department provides free tennis instructions at tennis centers located in minority race sections of town and require fees for those instructions offered at tennis courts located in White neighborhoods. Remedial Action: Steps must be taken to equalize the fees charged at all tennis courts. B. Construction of a facility in a location with the purpose or effect of excluding individuals from the benefits of any program on the grounds of race, color, or national origin. Example: A town is provided funds by the Department to build six new lighted tennis courts; the courts are all built in parks located in predominantly White areas which are not easily accessible to minority residents of that town and comparable facilities are not similarly available in minority neighborhoods. Remedial Action: The subrecipient in this case must revise its plans to address the recreation needs of its minority community. C. Separate treatment or segregation by race, color, or national origin in any part of the program. Example: In federally assisted municipal outdoor recreation program, local recreation officials organized two racially distinct baseball leagues, one league consisted of all Black teams and the other all White. Remedial Action: The aforementioned Leagues must be racially desegregated. In addition, those teams that are privately sponsored must provide assurance to comply with the Act. D. Establishment of economic barriers that restrict program participation on the basis of race, color, or national origin. Example: City X, who offers an arts and craft program from one of its community based recreation centers, charges a rate of tuition that effectively bars Hispanics from participation in the program. Remedial Action: City X must develop a reasonable fee for its arts and craft program which does not affect program partici- pation on the basis of race. E. Discrimination in employment practices which has the effect of denying equality of opportunity to beneficiaries of the program. Example: A municipal parks and recreation department assigns staff to its recreation centers on the basis of race, such that Black and White employees are limited to working with benef- iciaries of their own race. Remedial Action: The subrecipient must hire or reassign existing staff to work across racial lines, such that staffs serving in racially Black and White neighborhoods are not limited to providing services to beneficiaries of their own race. F. Refusal or failure to provide adequate bilingual services in areas where non - English speaking beneficiaries may be denied the benefits of a federally assisted program due to their inability to understand the English language. Example: A recreation program that receives assistance from the Department, advertises the availability of services only in the English language, in Hispanic communities where there are non - English speaking individuals eligible to receive benefits from the program. Remedial Action: The applicant must provide program information in the Spanish language and if necessary employ bilingual staff to inform its non - English speaking community of the availability of this program. G. Deny a person the opportunity to participate as a member of a planning or advisory body which is an integral part of the program. Example: A recreation and parks board was established by the mayor of a city eligible for assistance under the Department's Land and Water Conservation Fund Program. The mayor's appointees to the board were all White, and minorities were purposely excluded from membership on the board. Remedial Action: The mayor must make a good faith effort to recruit and appoint qualified minorities to this board. H. Utilize criteria or methods of administration which (a) have the effect of subjecting individuals to discrimination or ) operate todefeat or substantially impair the accomplishment of the objective of the program. Example: A suburban political subdivision involves -a resident only policy that restricts usage of its facilities on the basis of race, color, or national origin. Remedial Action: The subrecipient must discontinue any policy that has the effect of restricting program participation on the basis of race, color, or national origin. I. Extending assistance to organizations that discriminate in membership on the basis of race, color, or national origin. Example: A municipal recreation department that receives Federal assistance from the Department permits a local business organization, that discriminates against individuals on the basis of race, to lease a social room in one of its recreation centers. Remedial Action: Secure a signed assurance from the organization that its program or activity will be operated on nondiscrimina- tory basis regardless of race, color, or national origin. J. Standards or requirements for participation which have the purpose or effect of excluding members of certain racial or ethnic minorities. Example: A private organization whose members are all of one race sponsors a little league baseball team through its parks and recreation department. As a condition for participation on this team, it is required that an individual be formally associated with the sponsoring organization. Remedial Action: Discard any standard that restricts program participation on the basis of race, color or national origin. APPENDIX II 1. TECHNICAL COMPLIANCE RESPONSIBILITIES A. Collection and Maintenance of Racial Data: As a means for determining whether services and benefits of Federally assisted programs of the Department are reaching all eligible beneficiaries on an equal opportunity basis, recipients and subrecipients shall: (1) Determine the number of persons by race in the population eligible to be served by their program; (2) Establish and maintain a system for reporting the race of all persons actually participating in their activity or program. In the collection of such data the following racial designations shall be used: (1) Black, not of Hispanic origin; (2) Hispanic; (3) White, not of Hispanic origin; (4) Asian or Pacific Islander; and (5) American Indian or Alaskan Native. For the purpose of this section, all assessments of race should be accomplished only through visual observation. B. Bilingual Obligations: (1) Standards: Where 10 percent or more of any population to be served or likely to be directly affected by a Federally financial assisted program, needs services or information in a language other than English in order to be effectively informed of or to participate in the programs, recipients must take reasonable steps, considering the scope of the program and the size and concentration of such population, to provide information in appropriate languages for such persons. This requirement applies to, but is not limited to written program materials of the type which are ordinarily distributed to the public. C. Public Notification of Nondiscrimination Requirements (1) Title VI Posters: Recipients shall display prominently in reasonable numbers and places, posters that advise the public of program availability and the requirements for non- discrimination. Also, the poster shall describe briefly the procedure for filing Title VI complaints and note the avail- ability of Title VI information. (2) Public Notification of Title VI Information: NPS, primary recipients, subrecipients, and transferees shall include information on Title VI requirements, complaint procedures and the rights of beneficiaries in handbooks, manuals, pamphlets, and other materials which are distributed to the public to describe the Federally assisted activity or program. (3) Title VI Compliance Statement. Where NPS, primary recipients, subrecipients, and transferees are required by law or regulation to publish or broadcast program infor- mation in the news media; such publications and broadcasts must state that the program in question is Federally assisted and discrimination on the grounds of race, color, or national origin is prohibited by the Act. Where appro- priate photos and other graphics shall be used to convey the message of equal opportunity. D. Post Award Compliance Review: The Office for Equal Opportunity, NPS and each primary recipient which operates a Federally financial assisted program or activity covered by these guide- lines shall conduct timely post award compliance reviews of its subrecipients to ascertain compliance with the Act and the provisions of these guidelines. E. Complaints Processing Policy. NPS, primary recipients, subrecipients and transferees shall notify the Office for Equal Opportunity within five (5) days upon receipt of any complaint alleging Title VI discrimination under a Federally assisted program or activity. F. Primary Recipients: Establishment of a Title VI Compliance Program. Each primary recipient that administers a Federally assisted program covered by these guidelines shall establish a Title VI Compliance Program. The program must provide for the assignment of compliance responsibilities to designated personnel who will be responsible for achieving and /or maintaining compliance with the standards set forth by these guidelines. G. Access to Records. All recipients shall permit access to such books, records, accounts, and other sources of information as may be pertinent to a Title VI complaint investigation or compliance review.