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R-05-10-13-10A2 - 10/13/2005 RESOLUTION NO. R-05-10-13-10A2 WHEREAS, the Texas Parks and Wildlife Department has grant funds available through the Texas Recreation and Parks Account Grant Program, and WHEREAS, the City Council wishes to enter into a Texas Recreation and Parks Account Agreement for the available grant funds for the Greater Lake Creek Park Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Texas Recreation and Parks Account Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of October, 2005 . NYLE ayor A ST: Ci o ound Rock, Texas T ` CHRISTINE R. MARTINEZ, City Sec tary @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R51013A2.WPD/SC TEXAS PARKS AND WILDLIFE DEPARTMENT TEXAS RECREATION AND PARKS ACCOUNT AGREEMENT Project Sponsor and Name: ROUND ROCK GREATER LAKE CREEK PARK; PROJECT NUMBER 50-00348 Project Period: TPWD Approval Date to August 31,2007 Total Project Cost: $ 1,000,000.00 Approved State Funds: $ 500,000.00 PROJECT DESCRIPTION (SCOPE): The City of Round Rock will acquire by donation 35.37 acres and further develop 39.9 acres of existing parkland as Greater Lake Creek Park.to include a 27.9-acre open space dedication, 0.71-mile hike and bike trail, 0.27-mile nature trail, 2 pavilions, multi-use playfield renovation, 2 playgrounds, lighted skate park, lighted in-line hockey/basketball court, lighted sand volleyball court, practice soccer field/open playfield, leash-free dog park, 6 picnic tables, 10 benches, xeriscape flower/community garden, 2 fishing nooks, bird viewing areas, wetlands enhancement with aquatic garden, interpretive signs, and program acknowledgement signs. Greater Lake Creek Park is located in the southeast area of the city in an area roughly bounded by the Missouri Pacific Railroad line on the north,A.W. Grimes Blvd.on the east,and Gattis School Road on the south. Proof of open space dedication will be required prior to reimbursement of project expenses. The attached Environmental Addendum is hereby made part of the contract. Overhead power lines in the northeast area of the project must be removed or buried. 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 Recreation and Parks Account Program including program guidelines set out at 31 TAC Sec.61.132-61.137. 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 fund acknowledgment 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 February 2004 attached hereto are hereby made part of this agreement. 7. The Summary of Guidelines for Administration of TRPA or LWCF Acquisition and Development Projects dated February 2004 attached hereto is hereby made part of this agreement. 8. The original application and supplemental documentation submitted by the sponsor are hereby made part of this agreement. 9. The Agreement is effective upon execution by the Department. TEXAS PARKS ND ILDLIF DEPARTMENT CITY OF ROUND ROCK / POLITICAL SUBDIVISION (SPONSOR) by by Tim Hogsett, Director, Recreation Gra is Branch The Honorable Nyle Maxwell, Mayor (Name and Title) (Name and Title) (Date of Approval) (Date) (Rev. 05/00) EXHIBIT "An GENERAL PROVISIONS TEXAS RECREATION&PARKS ACCOUNT PROGRAM PROJECT AGREEMENT (Revised February 2004) Part I-Definitions A. The term 'Department' as used herein means the Texas Parks $ Wildlife Department or any representative delegated authority to act on behalf of the Department B. The term'Project'as used herein means a single project which is the subject of this project agreement. C. The tern"Sponsor'as used herein means the political subdivision which is party to the project agreement D. The term'TRPA'as used herein means the Texas Recreation&Parks Account Program. E. The term'LWCF'as used herein means the Land and Water Conservation Fund Program. F. The term 'Procedural Guide' as used herein means the Procedural Guide for application to the Texas Recreation & Parks Account Program or the Land and Water Conservation Fund Program. G. The term `TRPA Manual' as used herein refers to the rules and regulations adopted by the Parks and Wildlife Commission for administration of the TRPA and LWCF programs. Part 11-Continuing Assurances A. The parties to the project agreement specifically recognize that the Texas Recreation & Parks Account assistance project creates an obligation to maintain the property described in the project agreement consistent with the Texas Recreation & Parks Account Procedural Guide,and the following requirements: B. The sponsor agrees that the Property described in the Project agreement and in the dated Project boundary map made part of that agreement is being acquired or develooed with TRPA or LWCF assistance and that it shall not be converted to other than Public recreation use but shall be maintained in Dubhc recreation in DerPetulty or for the tern of the lease in the case of leased Property. C. The sponsor agrees that the benefit to be derived by the State of Texas from the full compliance by the sponsor 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 byway of assistance under the terms of this agreement D. The sponsor agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by the Retention,Operation&Maintenance Responsibilities guidelines of the Procedural Guide. E. The s onser a reethat a perm record shall be kept and available for ublic Inspection to the effect that the ro e rtv described in the scone of the Project agreement and the dated Proiect boundary map made Part of that agreement has been acquired or developed with TRPA or LWCF assistance and that it cannot be converted to other than Dublic recreation use F. Nondiscrimination The sponsor shall comply with Title VI of the Civil Rights Act of 1964,which in part, 1. prohibits discriminatory employment practices resulting in unequal treatment of persons who are or should be benefiting from the grant-aided facility. 2. prohibits discriminating against any person on the basis of residence. Part 111-Project Assurances A. Applicable Circulars The State shall comply with applicable regulations,policies,guidelines and requirements including State Uniform Grant and Contract Management Act of 1981 (Revised 2122190), Federal Office of Management and Budget Circulars A-102 (Uniform administration requirements for grants-in-aid to State and Local governments), OMB A47 (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. It is the responsibility of the grant sponsor to have an A-133 Single Audit done annually for the project when the sponsor receives $300.000.00 or more in grant reimbursement per fiscal year. A copy of this audit will be furnished the Department within 30 days after completion of the sponsor's fiscal year audit. B. Project Application 1. The Application for State Assistance bearing the same project name as the agreement and associated documents is by this reference made a part of the agreement 2. The sponsor possesses legal authority to apply for the grant and to finance and construct the proposed facilities. A resolution or similar action has been duly adopted or passed authorizing the filing of the application, including all representative of the sponsor to act in connection with the application and to provide such additional understandings and assurances contained therein,and directing and authorizing the person identified as the official may be required. information as 3. The sponsor 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 agreement 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 sponsor 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 sponsor will require the facility to be designed to comply with the minimum requirements for accessibility for the handicapped in conformance with the Texas Architectural Barriers Act(Article 9102 - Texas Civil Statutes), and the Americans with Disabilities Act of 1990 (PL 101-336). The sponsor will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. 4. The sponsor shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all Federal,State,and 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 sponsor shall bring the project to the point of recreational usefulness agreed upon by the sponsor and the Department. 6. The sponsor 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. 7. The sponsor shall furnish quarterly progress status reports to the Department beginning with the date of Parks & Wildlife Commission approval. 8. The sponsor will comply with the provisions of: Executive order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement of water pollution; Executive Order 11990, relating to the protection of wetlands;and the Flood Disaster Protection Act of 1973(P.L.93-234)87 Stat 975. 9. The sponsor will assist the Department in its compliance with the Texas Antiquities Code(Revised 9/1187)by (a) consulting with the Texas Historical Commission on the conduct of investigations, as necessary, to identify properties listed in or eligible for listing as State Archeological Landmarks, 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 effects upon such properties. D. Construction Construction for by the sponsor shall meet the following requirements: 1. Contracts for construction in excess of$25,000 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 Department 2. The sponsor shall inform all bidders on contracts for construction that TRPA or LWCF 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. The sponsor 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: "(a) The contractor will not discriminate against any employee or applicant for employment because of race,religion, color,gender,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,gender or national origin" "(b)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." "(c)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 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." "(d)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." "(e)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." "(f) 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." "(g) 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 contract 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 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 TRPA Manual. G. Project Administration The sponsor shall promptly submit such reports and documentation as the Department may request. 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 National Park Service,the Department,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 sponsor which are pertinent to a specific project for the purpose of making audits,examinations,excerpts and transcripts. 1. Project Termination 1. The Department may temporarily suspend TRPA or LWCF assistance under the project pending corrective action by the sponsor or pending a decision to terminate the grant by the Department. 2. The sponsor 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 sponsor only by mutual agreement with the Department. 3. The Department may terminate the project in whole,or in part,at anytime before the date of completion,whenever it is determined that the sponsor has failed to comply with the conditions of the grant. The Department will promptly notify the sponsor in writing of the determination and the reasons for termination,together with the effective date.Payments made to the sponsor 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 Department or sponsor 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 sponsor 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 sponsor for the State share of the non-cancelable obligations,property incurred by the sponsor,pending written receipt of the determination and the reasons for termination,together with the effective date. Payments made to the sponsor or recoveries by the Department under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 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 sponsor and the Department,or that all funds provided by the Department be returned. J. Noncompliance In the event that the sponsor does not comply with provisions as set forth in the grant contract agreement and Procedural Guide regarding both active project compliance and compliance at previously assisted grant sites,the following actions may be taken: 1. The Department may withhold payment to the sponsor, 2. The Department may withhold action on pending projects proposed by the sponsor, 3. If the above actions do not achieve program compliance, the Department may involve the State Attorney General's Office,pursuant to Section 24 of the Parks b Wildlife Code. R * R R R R R R R R R I have read the General Provisions and understand that the project sponsor which I represent will be responsible for compliance with the above conditions as a result of the receipt of grant assistance from the Texas Recreation&Parks Account Program or the Land and Water Conservation Fund Program. It is also understood that the General Provisions are part of the grant contract agreement. Signature of Official Authorized in Resolution The Honorable Nyle Maxwell Mayor of Round Rock (Name and Title) (Date) SUMMARY OF GUIDELINES FOR ADMINISTRATION OF TRPA OR LWCF ACQUISITION AND DEVELOPMENT PROJECTS (Revised February 2004) The Texas Parks & Wildlife Commission, by authority of Chapters 13 and 24 of the Parks & Wildlife Code, has adopted Guidelines for Administration of TRPA or LWCF Acquisition and Development Projects,to read as follows: It is the Commission's policy that the Department shall administer local projects in accord with the following guidelines, with interpretation of intent to be made to provide the greatest number of public recreational opportunities for the citizens of Texas. Approved projects shall be pursued in a timely manner.by the sponsor unless delays result from extraordinary circumstances beyond the sponsor's control. Failure to meet the following time frames may be grounds for the Department to initiate cancellation of the affected project in order to recommend reallocation of available funds to other projects or to deny requests for additional grant funds for new projects. ACTIVITY TIME FRAME • Commission Approval Begin 3-year project period • Pre-Contract Documentation Within 6 months of Commission approval (U.S.Army Corps of Engineers 404 Permit, Texas Commission on Environmental Quality Permit, Texas Historical Commission Cultural Resources Survey&Approval, R-O-W Abandonment,Lease/Joint-Use Agreement Execution, Environmental Addendum Consultation) • Federal Grant Agreement Execution(if funded with LWCF) Upon submission by local sponsor of all pre- contract documentation. •' Grant Agreement Execution(By TPWD and Local Sponsor) Within 6 months of Commission approval • Quarterly Status Reports Within 2 weeks of quarter ending dates of: March 31st,June 30th,September 30th, and December 31 st • Appraisal Approval Within 6 months of grant agreement execution • Land Acquisition(and Open Space Dedication,if applicable) Within 9 months of appraisal approval • Construction Plan Submission Within 6 months of land acquisition for projects involving acquisition;or Within 6 months of contract execution for development only projects • Periodic Reimbursement Billings Submit every 90 days,if possible ($10,000 minimum request) • Project Completion and Grant Close-Out Within 3 years of Commission approval SUMMARY OF GUIDELINES(Continued) The following criteria will be used to determine sponsor eligibility for additional funding: • All previously completed Department-sponsored grant projects must be in compliance with all the terms of the"General Provisions" of the contract agreement under which they received assistance and all applicable Land & Water Conservation Fund; Texas Local Parks, Recreation & Open Space Fund; and Texas Recreation & Parks Account Program guidelines;and • For active grants,all required project documentation(such as appraisals,construction plans and specifications,quarterly status reports,and reimbursement requests)must be complete and have been received on schedule,if due;and • All active projects which are at least two years old must be reimbursed for a minimum fifty percent of the approved grant amount;and • The total of approved grant funds which have not been reimbursed may not exceed $1 million for all active grant projects. FAILURE TO MEET ANY ONE OF THE ABOVE CRITERIA MAY BE GROUNDS FOR DENYING NEW GRANT FUNDS. ASSESSMENT OF THE ABOVE CRITERIA IN CONJUNCTION WITH REQUESTS FOR NEW GRANTS WILL BE MADE ON JUNE 1s'r OR NOVEMBER Is'PRIOR TO SUBMISSION OF FUNDING RECOMMENDATIONS TO THE COMMISSION. • Under extenuating circumstances Department staff may recommend new grant funds approval even if a project sponsor has not met all of the above criteria. Grant award, however, may be contingent upon certain conditions.which will be specified in staff recommendations to the Parks and Wildlife Commission. I have read the "Summary of Guidelines for Administration of TRPA or LWCF Acquisition and Development Projects" and understand that the project sponsor which I represent will be responsible for compliance with the above conditions as a result of the receipt of grant assistance from the Texas Recreation and Parks Account. It is also understood that the "Summary of Guidelines for Administration of TRPA or LWCF Acquisition and Development Projects"is part of the grant contract agreement. Signature of Official Authorized in Resolution The Honorable Nyle Maxwell,Mayor of Round Rock Name and TitFe— Round Rock Greater Lake Creek Park;Project Number 50-00348 Project Name Date TEXAS PARKS AND WILDLIFE DEPARTMENT PRE-CONSTRUCTION CERTIFICATE "I certify that construction plans and specifications to be used in conjunction with � project, Project Number 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 consistent with the scope and objectives of the project; that the design is in good taste; that the proposed development is suitable for the environment and will not harm the aesthetic value of the area; and that provisions have been made to insure adequate supervision by competent personnel ." POLITICAL SUBDIVISION By (Type or Print.-Name and Title) Date .(Rev. 3-91) DEAR SPONSOR: THE ATTACHED DOCUMENTS ARE PART OF YOUR OFFICIAL PERMANENT PROJECT FILE. PLEASE RETAIN THE ATTACHED DOCUMENTS. RETURN ONLY ONE COPY OF THOSE DOCUMENTS WHICH REQUIRE SIGNATURE. THANK YOU. TEXAS RECREATION AND PARKS ACCOUNT INSTRUCTIONS FOR APPROVED PROJECTS TABLE OF CONTENTS PAGE SECTION 1 INTRODUCTION I GRANT PROCESS FLOW CHART 3 STAFF DIRECTORY 5 SECTION 2 LAND ACQUISITION PROCESS FLOW CHART 7 ACQUISITION INSTRUCTIONS 9 APPRAISAL INSTRUCTIONS 10 LAND ACQUISITION FORMS 14-17 SECTION 3 DESIGN/DEVELOPMENT PROCESS FLOW CHART 19 PLANS & SPECIFICATIONS . 21 OTHER DEVELOPMENT REQUIREMENTS 23 PLANS & SPECIFICATIONS CHECKLIST 27-29 SECTION 4 REIMBURSEMENT PROCESS FLOW CHART 31 DEVELOPMENT PROJECT REIMBURSEMENT 34 CONSTRUCTION METHODS 36 DEVELOPMENT REIMBURSEMENT CHECKLIST 39 LAND ACQUISITION REIMBURSEMENT & CHECKLIST 41 PROJECT CLOSE OUT CHECKLIST 43 REIMBURSEMENT FORMS 45-63 SECTION 5 AFTER GRANT PROJECTS ARE COMPLETE 2 PROPERTY RETENTION 65 2 OPERATION & MAINTENANCE 65 SECTION 6 REIMBURSEMENT FORMS 67 Dear Sponsor: Congratulations on the approval of your Texas Recreation and Parks Account grantl After the intense competition of the application phase, l am sure you are wondering where to go from her. This booklet is designed to provide step-by-step instructions for project administration until completion. We have provided several flow charts and a number of checklist I hope you will find helpful. We suggest you provide a complete copy of this set of instructions to the person who will be responsible on a daily basis for coordinating the grant for you. Please contact us if you need additional copies. Of course no instruction book can answer every question you may have. Please call us for personalized assistance when necessary. We have included a directory of the Grants Program Staff. We look forward to the successful completion of the project and hope our partnership will be productive. t , Tim Hogsett Chief Grants-In-Aid Program Th:lb STAFF DIRECTORY Recreation Grants Branch Mailing Address Office Location Texas Parks &Wildlife Texas Parks &Wildlife Recreation Grants Branch Recreation Grants Branch 4200 Smith School Road 2900 IH-35 South, Suite 100 Austin, Texas 78744 Austin, Texas 78704 Web: http://www.tpwd.state,tx.us/grants/ Email: Rec.Grants@tpwd.state.tx.us Tel: (512) 912-7124 Fax: (512) 707-2742 TimHogsett, Director...............................................................................912-7124 Project Section ElaineDill, Head ........................................................................................912-7115 JoelSeffel..................................................................................................912-7119 JeffHauff...................................................................................................912-7109 Fiscal Section RamonRiquelme, Head.............................................................................912-7110 RobertUrbina ............................................................................................912-7116 WillvanWisse ............................................................................................912-7114 Community Outdoor Outreach Program DarleneLewis, Head..................................................................................912-7145 DanaLagarde............................................................................................912-7056 Local Assistance JimTemple................................................................................................912-7130 Trail Grants AndyGoldbloom ........................................................................................912-7128 Administrative Staff SusanHarris, Head....................................................................................912-7171 LeeAnna Quintanilla..................................................................................912-7124 GaySikors.................................................................................................912-7125 SECTION 2 LAND ACQUISITION PROCESS i EXECUTE PREPARE SUBMIT TO GRANTS-IN-All)AND GRANTS-Di-AID TWOAPPRAISALS ORANTS-IN-AID TXACQUIRE SUBMIT PROOF OF DEPARTMENT OF AGREEMENT TX PARIS AND T DEPARTMENT TION APPROVAL AND PROPERTY OWNERSHIP WILDLIFE REVIEW _ REVIEW TO ACQUIRE (DEED)AND V REIMBURSEMENT GRANTS-IN-AD) SUBMIT REQUEST ADDITIONAL FOR ADDITIONAL INFORMATION INFORMATION n° rrAm ACQUISITION FLOWCHART TRPA Gradr Unwal CHAPTER OS.2 ACQUISITION METHODS AND APPRAISALS 1. rla�a�a:nr Ln Om Aupstion of land and water,or interests hwK When a waiver a needed,I should be requested by he sponsor. The request rosy be #rough purdlese, wwlent damn thruster. gik should include a mon for the waiver and a statement of haw a proposed mord"dedicatiah, or other means. The Department encourages pubic VAN&to report Or system would meal tie need of be Departnett b justly policies and procedures for rho acquisition of rest property that are fair and payments from the TBPA program. oonsisW^ and directed toward g v g the property owner the full measure of conpe salt n aulhodmed by taw,promptly,with a mWmwn of incenveli nN%and 5. Apprahats The sponsor shat secure an appraise)d the appropriate type by wtrtouR "ne9o"on orcosh►llfigallion- a upraised person for d real property to be halm p more Iran ale paroel is b be acquired, al Parcels shall be appraised in the same report kufridual panod A. Every mssornft effort should be made b acqupre real property by a"Wens apprabW reports Will not be revWmW by the Depednhel,nor are fty eligible for otlher than eminent danain or condennaliion. TBPA assistance Standards for appraisals used shat be consisted,b the aoderlt B. Real property should be appraised trrlae the inflation d aPPnoPrift with tie current U*rm,Appraisal Starndard& Except for wrian negotialilm Fmd'ags of Value(C below),the appraisal should be an ane"cal narratve report TBPA assislarm will be based an the current lair market value of real properly as blowing current pndessioral appraisal practuhea r &AV the *pkakn d established by an independent appraisal reviewed and approved by rhe standard bhvquM Such as carperatin or merW approach cost less Departmo t Propoy owners slant be afforded an opportul*b acoomparly the dation,and income approaches to value. Other pwi ms of tie report,such appraise►dft tlhe k+Pecdon of the proPey as inbgduclaY and suppor"d ft fit n ft candillons and caficaliahs should C. Condondonh should notbe advanced or delayed in order b induce an also meet mese standards agreement an price. M an agreement does not eppea posshte after a mmmabte The tormaW and detail of M% ed documentadah will be delerminiid, as period of rhegollalfom, the Project aporaw may, tl authonbad by law, insults described below.by rhe value Of Is reel ProP"kKivW in each nstarm condemnatim prorsedahgs. Depen ft on value. ate Depadmeht will require a detailed 4hP 'i i repel, D. tl a pedal faking would leave the owns with an urheoartorruic abbreviated report or wrllel tndrg d value. The appraisal vitt be apahaarshaldferb �rM.ice aubmitled b ft Department fa review hrnbss of he viae noted a requssted.A �4ft the erft ProPenY dehWW appraisal is mq*W for al Pl0*ft invoMrg to donator of red property or inleests q>eein. E n dettrmir ft the boundaries of a project,the sponsor should take into account larren oorhsideatorhs,i cli ft the economic and social etleets of the A tl an acquisition will cost$25=or mouth,tie acquisition and subsequent dsvdapmerlt on omm and tenants in rte a*cerhl project spohsar vii ap*#,ek&whVappraWr6qwemBft are,In addhl'orh to ergineeft and orier factors. val Z, Basks r—a.��..,,e .the market ere standard wit be used as The report on my irhdnrdW Papally may vary depending upon rte type d ProPOW under appraisal. Additional data may be required in rte rase of highly rhe basic mums d TBPA assistance an aequisdo s. TBPA assistenoe shallbe speclallizedproperties. IOerhs maybe deleted as n rhe cased land valuation only. based upon evidence of tis vailue. When determined by the Department to be Gerwally,however.all ilems must be considered by the appraiser and included n capital costs and when other pertinent corhditiona are met,any degree of long normo rhe report mess olhelwise requested and agreed b by the Department, and interest in real prapedy can be considered for matting aid,whether purchased by omissions runnel be w0arhed by rremafve or donated b the project sponsor. Propetly documented costs of severance damage may be matched.Severance damage is the dimirtu6ont in value d the The Appraisal Report should Darer the bAocirtg remaining la AO b he particular lend taken and is considered b be an inherent Part of 0 compensation The only incidental costs of acglisitiorh which may be (1) Property owners(or a designated represerhtaM) matched are appraisal and boundary survey costs. shat be afforded an opportunity to accompany tlne appraises during te FGPBMm Payments shall be made d Ile property. The appraisal rePa1 strap Wcate whether or not the only atter the Project Agreement has been executed for owner or represerlative accompanied rue appraiser the project Involved 3. 1]pfcar et e M e,�,aeu�,,. rhnry.ne.Ne R) Boas Statement d quer ations d al appraisers artd w tec rtiaans and co e al reports for ade luau,Y ni oil cahklbtdrhg b the reportapprov consistency. Otte doarnents may also be&tetrad b datem ina whether they adequately serve he purposes (3) The appraiser should provide dear,concise Wended for them. Additional information Wilding a row appraisal may be statements of all assumpik ns,mduding the Mov"parch—, requited when dKinstances so warrant. 4 WAN Of Aan.rirnnsunre (a) That the He to the property is marketable. The Department may waive any Of its dochuriemation or payment requirements upon request or upon its own nitiaft (b) That the appraiser assumes no resporeNty for legal matters,and when in the opirron of the Department a requirement is not necessitated by haw and does not reduce any protections provided by the Grams Manual. Vllfteh such (c) That d data fumishW by others are presumed correct a waiver is given, he Department reserves rhe right b establish suitable and reasonable conditns under which rte waiver may be operatve. (4) &MXW rf tho Applaosal This shall hide a definition of all values required WW appraised. Manual Release 2 replaces as preceding n anal releases CHAPTER 05.2 TBPA Grads M=uhal lam. This procedure may be on W on ImprwarleMs,both real and personal, (5) kwdsa ma Empeft legal description d the whole trail and that to be for which only a salvage or scrap value is estimated aaF*id . (11) vahm rgfim am 14 krnma A tpmacb This shall include adequate factual (�WeadAma nam This data prl *somal and omooalc)should be kept b data to support each Nure and fads used and anal be anarged in detailed holm a mhimum rd h**o only such ilomhaton as dm*al acts the properly being b show d karst(a)estind gross rent a hroonlq lbl an Memiaed estnrate d ePP torah elglenses rhdlydNg r!lsenvas.bn tepbcamerls (7) fbft UpblizeUon of net inoonle shell be at the rale preveig br this type Of property empadrand location. The capilaliization lecrhiW% method and rile used shat be (a)SIP-Dewire sal,topography,mineral deposits easenienb,etc. t tilers b eliplained in rerrative tarn s ippaled by a stalenle it of sow=of rates and an ildcali n that ninaal deposits have more than a non*iW oonrnerdol value, techs Itis lad shat be dearly slated NOTE lMess there is sultcent in>fannationh or wmaadatay Ixxhdtons to pushy (b) Fammeuk t land is b be aallired over which the spaisor has incited . use of the income Approach metlrod,to Depeninant will normally rerrhbuse the ahnid or use.such as land ar cwbered by aawmort k proper adynlme b must spansor for to current market value d the land rids iiitad by to cmVMllve be mads to the appaisal spoils to retell tre irrliled cof"L r acus wile are sales appraisal approach not made in#8 apprabab for lard alannbered by ease neift the Departilenl ., `u F -M�r== N sales will adjust WNduserim t for land,deducting a pm rails shone d adllcet value for (12) A r , �� &asernerlt-ewintlemd lard trued Shat be cor4irmed by the buyer. Sour,broker, Or Ober Pam having browledge d the price,tarrrls and aondlions d sale. Each comparable sob shat (c) bprouameds. This shell be by rherralhne dascripEron.r du*g dmemhons be weighed and wowed lm relation to the subject property b ildicele the d pill d buildings arch improvements. A lbor plan d each b ilft is mesarirhg bhlltinh'the appraisers teal wnkle sd lie from tis approach. Milluirea (13) Mlapdallim anti CArnalatim rdEsfimahn The appraiser snail irftlM et the (d] Elo k moat This shat bs by narrative desaipbon irid udirs om axiom d foregoing esanales and shall stale the reasons why one or more of the equipirieriL conclusions reached in items(10),(11),amid(12)are indicative d the market value. (e)rmdtm The anent physical condition and relative use and obsolesc rm k�hde sinal be staled for each Mom a group appraised and,whenever appicable,the ..(14) b the iarhsadiorts,dales d purchase.and amounts d oorisideration focAt repair a mpleaprMit taguiremanb ID ting rte pWaN io usable condition. Partes load S yutaapoacIn aPPMiSal (� Aemmad Varma and Amin[Tar I neer hhdulde the arrant aSSaSSrrlarl and ddar amount d real estde tabes, t the Properly is not haloed,the appraiser shah (15 esknde the assessirhed in also M is placed upon the tax rot,state the rale,and gine the dollar ainout d the tax estimate. hal Pew s' 1q) ZWMIu Describe the Goring for rte subject and Mlpmable prapei les and (b) Helshe has no present or cattorhplated irtlerest in the pmperq. A nlmr"is irrnitenk discuss under Mom(8). (c) That in hislhha opinion the market value of the taking as of (a) The report slut shale the highest and best market use that rani be made d the popeAy pard and improve mils and where is$ applicable,machinery and eg*TMQ for which there b a ctrot mailcaL The (Valuation date) valuation shall be based on to use. In no case shall the hand be appraised for one highest and best use and the value d to imprwernerrts added when they do not contribute to the hair market value at the tend under the highest and best use. (Signature) Such special purpose appraisals are not allowable. (16) FyhNk xM Arklayla (Nous: AN maps and plans may be bouxl as tar9rtg (g) t and varea The appraisers opihion of the value d the land shall be based pages opposite the desrzipbon,tabnlabxl,or discussions they caroern). upon lb NOW and best use,regardless d any eying Structures and shall be supported by wnrrmed anent Wesal dab(sales and offerings)d comparable. (a) I nod— Include the city or am or clearly camparable, lards having We opwrium uses. Differences shah be weighed and elhplaited m allow how they indicate Iha value of the land being (b) Comna,alam map rbib. Show geographic location d the appraised property and the comparative parcels analyzed (t0) h!ahua Fd-al Tr`nd/fp,mach This section Shim be in the lam of (c) rnmT rwhe IUhrlalailc Narraft computational data, arranged in setpence, beguining wkh reproduction or noacemert oast,and slid state the source(book and page t a national service) (d) W Pi- Include a metes and bounds desaiption. d all figures used The dollar anounts of physical deterioration and functional aril economic obsolescence,or the omission of sane,shall be eViained in narrative (e) Elm Plan" Include when needed to el*m the value estimate. Manual Release 2 replaces all preceding manual releases TBPA Gramb Maoist CHAPTER 675.2 IeQu W for all Pnhjecls lnrolvirlg the donation of mel plod or interests therelrl (Q Phobgua t Pictures Shall show d bast t1e front elevation of tie nAW for dBlOrMiriltim of matching dhare. Prior 10 p apd approval or the first improvemerls,plus my unusual feahhres When a large number of buildings are t imolved,ur dldng duplicates,ore picture may be used for each type. Views of tie best comparables should be mduded whenever poSshW Except for the (1) The Departmerht shall ansae that the project sponsor,seauea adequate Overall view, pholopaphs may be bound as pages faring the discussion or appraisal services. description b whN*the photographs pertain. All graphic material shall include capliore (2) The project sporm will have an appraisal made ki accord with commonly accepbd appraisal PAM M and Section 67525. The cost d the appraisal is (9) kande as deemed appropriate. n>knWmft up to 6%Of the value of the lana or$10,000,whidom is less. IL AbhoaeaJ W Appy bdE xd An abbreviated appraisal report,mompAed by (3) Upon mrpletion of the appraisal,it shat be submibd to the Deparh"for a qua t appraiser and adeWately related to comparable sales.is acceptable for review and approlrat. a parcel with value estimate between$1,000 and$25.000.The abbreviated report should include; F. projects which involve th (1) A Met descriptor d the a bjed properly b include phywal draract X01 d p10 p pin "he '�'"� hmhprovertheMs,Nle following methodology must be followed by the appraiser for Present w,zorIng,pubic uWas associated with the land,deed msbichons,and the valuation d such tmprovww ts: anyollwPatinertinformation. (2)A legal description d the real properly b be acquired and a plat (1)t the and best use d to property is dabmhirhed b ba br'foe ao". p) At(east a s year history of morneyaouh(sales and yams),irhdudng (a)Fair market value must be justified utUakg comparable sales or similar Parties to the yarhsactiorls,dales d purchase,and amounts d aonsiderator. privab sector recreation properties (4) An analysis and statement d the praperlys highest and gest use. (b)kra ft on to property which are for recreatimh(and are theretere Ply eligible for Program anoe) must be valued at hair IcurreM (5) Supporting data,kdAmAng two or tree comparable real property sales,a briel depreciated value.' analysis of those sales.and a map showing their bcations relative to to land to be acquired. (c)ImproveRhnts on the property which cannot be utilized for recreation must be assessed fon salvagdlscrap value.(Such improvements are not eligible for (6) The appraisers Ove tifttion and signature (see Item 5A14 0►arit s"Ort•) (n The data the value estimate applies, (2)t the highest and best use of Nie property is delemhined to be for Intim bio (8) A statement of to appraisers experience and quaf mlions. (a)Improvements which are for'recreation use must be assessed for their (9) OPPOddlY In Accampami Statement that to owner or representative had saMagelscrap value.(The selragW3cmp value can be eligible for grant support) the oWftnly to arxompany the appraiser. (10) 1 will$ Map (b)Improvements which are tor'dher than retxeaIM use must be valued at their depredaled value. These impmvernenls are dole for grant assistance (11) FloundaMaME14, only t they are to be demolishedhernoved from to sire,or A the improvermwgs are to be utilized for(or in support oQ►amflom alctnu W& To be grant supported thC. f�oriog vire Where a parcel has a value d less than$1,000 and the �must either be Wndxapped accessible in their current state, expuense of an appraisal would be disprt> Womb to Ifs bench,a written they must have to ability b be modtaed and made aocessdhle,puusuarht b ti�J state law reqffannergs of value by a qualified appraiser will be acceptable for approval. This gift of value can be based an the it Aduars WoMedge of land values, but should ty .Spon acamoed I ANA I ARM as L-� An appropriate apprasal reporl is include a statement of the appraisers wpmence and qualifications,Irncwding a regulred to establish the level of TBPA assistance,pursuant to Manual guidelines, short description d the laclas considered and to meals by witch a conclusion when sponsor owned,nondedicated parkland is used as the bcal marsk was reached. Those statements Should be Slliciently detained so as to enable the Departmerd b hudge ter respective mom• & Statonent m niftronrac in vnivia An appraisal,lcompelently compiled by a qualified person,should be an acceptable estimate of properly value;it cannot D When lands are acquired through Judicial be assumed,however, to be an absolute statemeM d value. The approved Proceedings, the price determined by the cant will be accepted by to Department in lieu d any previously Department appraisal value is the basis for establishing the level d grant support approved appraised valine. The Department however,will not be obligated to match an amount higher than the 7. In an effort b stretch the dollars approved suPporl ceiirg Of the project spent,the POW Rom might wish to purchase less than be simple We. This would be Permissible when be simple title is excessively expensive,and a lesser plea a E hoe ppropriate appraisal report is administratively control of the area will not detract from the recreation use of the land and not have Manual Release 2 replaces as preceding manual releases TBPA Grafi Mammal CHAPTER 675.2 I kapact on 1112 em wvmnL anus_bsd nils TAPe feeiel� a Fwwbmlm of TIME The Demmer must have on We sabSbttory evidence of Ole purdhase price and a deso►iprorl d the dwacl¢r and nabre d the ire mmved byfw spomor before the Department reirhburaes grant Wads. Evidenced tire,such=a w WIsn stntemant by t w State Abrney General,rtle krLSurerM or orler means considered reasonable and adequale no also be available b rhe Deparinhenf before requesring reinlbursernent. A mry may be required by the D¢parkm t when hm ie reasorrable doubt about 11he matt loceron of the boundary or of the size d I m U d b ft aoglwwed. 10. Bespandbift*r Ck&Wna Tills nr 6y Bophmncmd eaxoperli s er�isri rsyh fle6edhm Tale TIB sponsor is mgoi b lar quieting claim against title and tar repladng property bund b have delective We w0i o#w propenes of equivalent value. useluihess end lmtbn amWtabb in the DeWkmt 11. The acqulsk m of easement. rots-0fvq.&L.vA be viewed in the same%M as fur takings. Downerbion d value by appraisal w1 be the same. The project proposal should adequately elgrlakn why leer inlerasls are b be acquired. Manual Release 2 replaces as preceding manual releases ACQUISITION SCHEDULE ROUND ROCK GREATER LAKE CREEK PARK; PROJECT NUMBER 50-00348 PARCEL LAND IMPROVEMENT CURRENT TOTAL VALUE CODE NUMBER ACREAGE VALUE VALUE OWNER OF PARCEL 3 1 13.30 $65,000.00 $0.00 Sycamore $65,000.00 Trail, Ltd. 3 2 15.00 $235,000.00 $0.00 Milburn $235,000.00 Homes 3 3 7.07 $275,000.00 $0.00 Williamson $275,000.00 County (Maximum Land Value -$500,000) TOTAL ACREAGE: 35.37 TOTAL LAND VALUE: $575,000.00 [$500,000] CODE: Indicate, by code number, the method by which each parcel of land is to be acquired. (1 =Negotiated Purchase; 2=Eminent Domain/Condemnation; 3=Donation; 1-3 Partial Donation or Bargain Sale; 4=Sponsor or Publicly Owned Non-Parkland) TEXAS PARKS AND WILDLIFE DEPARTMENT CERTIFICATE OF LAND DEDICATION FOR PARK USE TEXAS RECREATION AND PARKS ACCOUNT PROGRAM This is to certify that a permanent record shall be kept in the CITY OF ROUND ROCK public property records and be made available for public inspection to the effect that the property described in the scope of the Project Agreement for Round Rock Greater Lake Creek Park; Project Number 50-00348, and the dated project boundary map made part of that Agreement, has been acquired or developed with Texas Recreation and Parks Account assistance and that it cannot be converted to other than public recreation use without the written approval of the Texas Parks and Wildlife Department. CITY OF RO IND ROCK (P LITICAL SUBDVON) By The Honorable Nyle Maxwell, Mayor (Name and Title) Date — �--� TEXAS PARKS AND WILDLIFE DEPARTMENT TEXAS RECREATION AND PARKS ACCOUNT AGREEMENT Project Sponsor and Name: ROUND ROCK GREATER LAKE CREEK PARK; PROJECT NUMBER 50-00348 Project Period: TPWD Approval Date to August 31,2007 Total Project Cost: $ 1,000,000.00 Approved State Funds: $ 500,000.00 PROJECT DESCRIPTION (SCOPE): The City of Round Rock will acquire by donation 35.37 acres and further develop 39.9 acres of existing parkland as Greater Lake Creek Park to include a 27.9-acre open space dedication, 0.71-mile hike and bike trail, 0.27-mile nature trail, 2 pavilions, multi-use playfield renovation, 2 playgrounds, lighted skate park, lighted in-line hockey/basketball court, lighted sand volleyball court, practice soccer field/open playfield, leash-free dog park, 6 picnic tables, 10 benches, xeriscape flower/community garden, 2 fishing nooks, bird viewing areas, wetlands enhancement with aquatic garden, interpretive signs, and program acknowledgement signs. Greater Lake Creek Park is located in the southeast area of the city in an area roughly bounded by the Missouri Pacific Railroad line on the north,A.W. Grimes Blvd. on the east,and Gattis School Road on the south. Proof of open space dedication will be required prior to reimbursement of project expenses. The attached Environmental Addendum is hereby made part of the contract. Overhead power lines in the northeast area of the project must be removed or buried. 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 Recreation and Parks Account Program including program guidelines set out at 31 TAC Sec.61.132-61.137. 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 fund acknowledgment 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 February 2004 attached hereto are hereby made part of this agreement. 7. The Summary of Guidelines for Administration of TRPA or LWCF Acquisition and Development Projects dated February 2004 attached hereto is hereby made part of this agreement. 8. The original application and supplemental documentation submitted by the sponsor are hereby made part of this agreement. 9. The Agreement is effective upon execution by the Department. TEXAS PARKS ND ILDLIF DEPARTMENT CITY OF ROUND ROCK / POLITICAL SUBDIVISION (SPONSOR) by �✓ by Tim Hogsett, Director, Recreation Grants Branch The Honorable Nyle Maxwell, Mayor (Name and Title) (Name and Title 1()-13-0-.5 (Date of Approval) (Date) (Rev. 05/00) GENERAL PROVISIONS TEXAS RECREATION & PARKS ACCOUNT PROGRAM PROJECT AGREEMENT (Revised February 2004) Part I-Definitions A. The term 'Department as used herein means the Texas Parks & Wildlife Department or any representative delegated authority to act on behalf of the Department. B. The term'Project'as used herein means a single project which is the subject of this project agreement. C. The term"Sponsor'as used herein means the political subdivision which is party to the project agreement. D. The term'TRPA'as used herein means the Texas Recreation&Parks Account Program. E. The term 'LWCF'as used herein means the Land and Water Conservation Fund Program. F. The term 'Procedural Guide'as used herein means the Procedural Guide for application to the Texas Recreation & Parks Account Program or the Land and Water Conservation Fund Program. G. The term 'TRPA Manual' as used herein refers to the rules and regulations adopted by the Parks and Wildlife Commission for administration of the TRPA and LWCF programs. Part II-Continuing Assurances A. The parties to the project agreement specifically recognize that the Texas Recreation & Parks Account assistance project creates an obligation to maintain the property described in the project agreement consistent with the Texas Recreation & Parks Account Procedural Guide,and the following requirements: B. The sponsor aarees that.the property described in the oroiect agreement and in the dated project boundary mai)made part of that agreement is being acquired or developed with TRPA or LWCF assistance and that it shall not be converted to other than public recreation use but shall be maintained in public recreation in perpetuity or for the term of the lease in the case of leased Property. C. The sponsor agrees that the benefit to be derived by the State of Texas from the full compliance by the sponsor with the terns 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. D. The sponsor agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by the Retention,Operation&Maintenance Responsibilities guidelines of the Procedural Guide. E. The sponsor 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 oroiect boundary mai)made part of that agreement has been acquired or developed with TRPA or LWCF assistance and that it cannot be converted to other than public recreation use F. Nondiscrimination The sponsor shall comply with Title VI of the Civil Rights Act of 1964,which in part, 1. prohibits discriminatory employment practices resulting in unequal treatment of persons who are or should be benefiting from the grant-aided facility. 2. prohibits discriminating against any person on the basis of residence. Part 111-Project Assurances A. Applicable Circulars The State shall comply with applicable regulations,policies,guidelines and requirements including State Uniform Grant and Contract Management Act of 1981 (Revised 2122190), Federal Office of Management and Budget Circulars A-102 (Uniform administration requirements for grants-in-aid to State and Local governments), OMB A-87 (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. It is the responsibility of the grant sponsor to have an A-133 Single Audit done annually for the project when the sponsor receives $300.000.00 or more in grant reimbursement per fiscal year. A copy of this audit will be furnished the Department within 30 days after completion of the sponsor's fiscal year audit. B. Project Application 1. The Application for State Assistance bearing the same project name as the agreement and associated documents is by this reference made a part of the agreement. 2. The sponsor possesses legal authority to apply for the grant and to finance and construct the proposed facilities. A resolution 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 y representative of the sponsor to act in connection with the application and to provide such additional information as may be required. 3. The sponsor 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 agreement 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 sponsor 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 sponsor will require the facility to be designed to comply with the minimum requirements for accessibility for the handicapped in conformance with the Texas Architectural Barriers Act (Article 9102 - Texas Civil Statutes), and the Americans with Disabilities Act of 1990 (PL 101-336). The sponsor will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. 4. The sponsor shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all Federal,State,and 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 sponsor shall bring the project to the point of recreational usefulness agreed upon by the sponsor and the Department. 6. The sponsor 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. 7. The sponsor shall furnish quarterly progress status reports to the Department beginning with the date of Parks & Wildlife Commission approval. 8. The sponsor will comply with the provisions of. Executive order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement of water pollution; Executive Order 11990, relating to the protection of wetlands;and the Flood Disaster Protection Act of 1973(P.L.93-234)87 Stat.975. 9. The sponsor will assist the Department in its compliance with the Texas Antiquities Code(Revised 9/1/87)by (a) consulting with the Texas Historical Commission on the conduct of investigations, as necessary, to identify properties listed in or eligible for listing as State Archeological Landmarks, 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 effects upon such properties. D. Construction Construction for by the sponsor shall meet the following requirements: I. Contracts for construction in excess of$25,000 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 Department. 2. The sponsor shall inform all bidders on contracts for construction that TRPA or LWCF 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. The sponsor 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: "(a) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color,gender,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,gender or national origin." "(b) 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." "(c)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 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." "(d)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." "(e)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." "(f) 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." "(g) 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 contract 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 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 TRPA Manual. G. Project Administration The sponsor shall promptly submit such reports and documentation as the Department may request. 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 National Park Service,the Department,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 sponsor which are pertinent to a specific project for the purpose of making audits,examinations,excerpts and transcripts. I. Project Termination 1. The Department may temporarily suspend TRPA or LWCF assistance under the project pending corrective action by the sponsor or pending a decision to terminate the grant by the Department. 2. The sponsor 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 sponsor only by mutual agreement with the Department. 3. The Department may terminate the project in whole,or in part,at any time before the date of completion,whenever it is determined that the sponsor has failed to comply with the conditions of the grant. The Department will promptly notify the sponsor in writing of the determination and the reasons for termination,together with the effective date. Payments made to the sponsor 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 Department or sponsor 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 ry and, in the case of partial termination, the portions to be terminated. The sponsor 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 sponsor for the State share of the non-cancelable obligations,property incurred by the sponsor,pending written receipt of the determination and the reasons for termination,together with the effective date. Payments made to the sponsor or recoveries by the Department under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 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 sponsor and the Department, or that all funds provided by the Department be returned. J. Noncompliance In the event that the sponsor does not comply with provisions as set forth in the grant contract agreement and Procedural Guide regarding both active project compliance and compliance at previously assisted grant sites,the following actions may be taken: 1. The Department may withhold payment to the sponsor; 2. The Department may withhold action on pending projects proposed by the sponsor, 3. If the above actions do not achieve program compliance, the Department may involve the State Attorney General's Office,pursuant to Section 24 of the Parks&Wildlife Code. I have read the General Provisions and understand that the project sponsor which I represent will be responsible for compliance with the above conditions as a result of the receipt of grant assistance from the Texas Recreation&Parks Account Program or the Land and Water Conservation Fund Program. It is also understood that the General Provisions are part of the grant contract agreement. Signature otO ici th zed in Resolution The Honorable Nyle Maxwell Mayor of Round Rock (Name and Title) (Date) SUMMARY OF GUIDELINES FOR ADMINISTRATION OF TRPA OR LWCF ACOUISITION AND DEVELOPMENT PROJECTS (Revised February 2004) The Texas Parks & Wildlife Commission, by authority of Chapters 13 and 24 of the Parks & Wildlife Code, has adopted Guidelines for Administration of TRPA or LWCF Acquisition and Development Projects,to read as follows: It is the Commission's policy that the Department shall administer local projects in accord with the following guidelines, with interpretation of intent to be made to provide the greatest number of public recreational opportunities for the citizens of Texas. Approved projects shall be pursued in a timely manner.by the sponsor unless delays result from extraordinary circumstances beyond the sponsor's control. Failure to meet the following time frames may be grounds for the Department to initiate cancellation of the affected project in order to recommend reallocation of available funds to other projects or to deny requests for additional grant funds for new projects: ACTIVITY TIME FRAME • Commission Approval Begin 3-year project period • Pre-Contract Documentation Within 6 months of Commission approval (U.S.Army Corps of Engineers 404 Permit, Texas Commission on Environmental Quality Permit, Texas Historical Commission Cultural Resources Survey&Approval, R-O-W Abandonment,Lease/Joint-Use Agreement Execution, Environmental Addendum Consultation) • Federal Grant Agreement Execution(if funded with LWCF) Upon submission by local sponsor of all pre- contract documentation. • Grant Agreement Execution(By TPWD and Local Sponsor) Within 6 months of Commission approval • Quarterly Status Reports Within 2 weeks of quarter ending dates of March 31 st,June 30th,September 30th, and December 31 st • Appraisal Approval Within 6 months of grant agreement execution • Land Acquisition(and Open Space Dedication,if applicable) Within 9 months of appraisal approval • Construction Plan Submission Within 6 months flf.tand acquisition for projects involving acquisition;,or Within 6 months of contract execution for development only projects • Periodic Reimbursement Billings Submit every 90 days,if possible ($10,000 minimum request) • Project Completion and Grant Close-Out Within 3 years of Commission approval SUMMARY OF GUIDELINES(Continued) The following criteria will be used to determine sponsor eligibility for additional funding: • All previously completed Department-sponsored grant projects must be in compliance with all the terms of the"General Provisions" of the contract agreement under which they received assistance and all applicable Land & Water Conservation Fund; Texas Local Parks, Recreation & Open Space Fund; and Texas Recreation & Parks Account Program guidelines;and • For active grants,all required project documentation(such as appraisals,construction plans and specifications,quarterly status reports,and reimbursement requests)must be complete and have been received on schedule,if due;and • All active projects which are at least two years old must be reimbursed for a minimum fifty percent of the approved grant amount;and • The total of approved grant funds which have not been reimbursed may not exceed $1 million for all active grant projects. FAILURE TO MEET ANY ONE OF THE ABOVE CRITERIA MAY BE GROUNDS FOR DENYING NEW GRANT FUNDS. ASSESSMENT OF THE ABOVE CRITERIA IN CONJUNCTION WITH REQUESTS FOR NEW GRANTS WILL BE MADE ON JUNE IST OR NOVEMBER I ST PRIOR TO SUBMISSION OF FUNDING RECOMMENDATIONS TO THE COMMISSION. • Under extenuating circumstances Department staff may recommend new grant funds approval even if a project sponsor has not met all of the above criteria. Grant award, however, may be contingent upon certain conditions.which will be specified in staff recommendations to the Parks and Wildlife Commission. I have read the "Summary of Guidelines for Administration of TRPA or LWCF Acquisition and Development Projects" and understand that the project sponsor which I represent will be responsible for compliance with the above conditions as a result of the receipt of grant assistance from the Texas Recreation and Parks Account. It is also understood that the "Summary of Guidelines for Administration of TRPA or LWCF Acquisition and Development Projects"is part of the grant contract agreement. Signature of Oi thorized in Resolution The Honorable Nyle Maxwell,Mayor of Round Rock Name and rte Round Rock Greater Lake Creek Park;Project Number 50-00348 Project Name Date TEXAS PARKSAND WILDLIFE DEPARTMENT ENT CERTIFICATE "I certify that construction plans and specifications to be used in conjunction with Cyp project, Project Number - ©C)3 47 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 consistent with the scope and objectives of the project; that the design is in good taste; that the proposed development is suitable for the environment and will not harm the aesthetic value of the area; and that provisions have been made to insure adequate supervision by competent personnel ." Cl of Rou o PO CA ON By �-E MagWELL , (Type or Print Name and T tle) Date- /0-13-05- (Rev. ate /0-13-0S(Rev. 3-91) '!*,;: � � "�►� +. •- �►r/ *+►' �'.►�11 :��''�� ° tis �► �/ �►r +► aa, ��►'M►� ��► *�� " . - 1`� � 1�1111l11111'��'1 J ,�, ��►, ''fit� �111�' ''"r �� /►� � � appox. 8.3 .► �':"� •'� ♦� r��r� ��r♦ t� Sycamore Trail, Ltd. NEW�' ' ■� Rte,!•�► �' ., �� ,,,��♦ ,� qtr► err � ♦�� ,��11 ,�/ri . ... � �„� , 1� �� ,, r PENN �i rt -� �'►'��` •.t�� tt 11 '` � =►`��i ii��i�i��i � �`� +��:moi � � :��' ,.,, �,�� ♦ ♦ ♦�� ► �►j♦art �� jl"►� %��rrrr �,i/ • t ♦ Ah, ,�s .�_�►.� _�► ►• . .. acres ►�� 1�� .r �►itt��r��r�rt�t�rrrrr/� �� • • Round . 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S PARK PLANNING AREA ��,� _ �- _ - _ - _ � - _� --7,-!_ p =x' - Brushy _ fi,; = Reginal �. : - `iso �' - � � :�� ,Viiiiiill ________, _ T_ -,,---_, - „,.. ,____-_,„ _____.,_, - , - -,,_ .,___„.„ I£ x 3 __ Dcwvntown _ W Z Round Rack W ACL . - Legend Existing City-owned Parkland W Proposed Greater Lake Creek Park g _ _ W C' -owned Parkland 39.9 acres _ �y t ) -_ ice.- R� Proposed Parkland Donation (35.0 acres) U) Proposed Open Space {27.9 acres) Proposed Greater Lake Creek Trail W Existing Citywide Trail System - t�, � -- Proposed Citywide Trail System - -- � TEXAS PARKS&WILDLIFE DEPARTMENT Proposed t3pen Playfield - - Proposed Interpretive Signage RECREATI NTS BRANCH tA I us OF i L SITE PLAN UNDARY MAP Potential Wetlands 11 los SPONSOR L�;� ,.�� Rourtc� RQc� Proposed Basketball Court PROJECT�� &/air Lake. are�L Park. iSkil f- aProposed In-line Hockey PROJECT NC. x Proposed Practice Ballfieki .�.iL1 NP` A D Q ., IACQUISITION AREA ..r Proposed Bird Watching Area } PROJECT AREA Proposed Interpretive Garden and Tree Trai' 1 194.5 LEASE EXPIRATION DATE N/a � � _,-�� Proposed Fishing Area NOT IN PROJECT DA E 8 1 E3 Proposed Future Parking ' �,, , • CCJJ Proposed Dog Park Map ( b �" i z ,-' _ ,. _ - - i �.��= --c7 �n Space- _ � �- Proposed Pavilion (' P Pro sed Pla riund Renovation = ? po y9 x t - - --m---'1/4-7--1:!--;— 5 Proposed Sand Volley Ball Court - ,_ tie,� Proposed Skate Park _- GtA ` + _ - > s fl t _ _ � . 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II 111 Ir� +uIl1��11 F�, IISIIVI�- � �� "i�'��ti ell lui�u�uPl"It II R6 11I 4�IhIIII'ru�71JIaPI t v III ,iit1� 11111 I I ��4�i a Existing Proposed I I u11PIil ` Plays cape ll41Le ��"� IN,�� MTai Itieremovedj Loop Trail ui UI Oil Existing „IIR1 Pavilion i i u Beremoved} pi �y1 �I ..r Proposed d Skate Park link(«"' Ii� I SWI 2 4 I"il tl h o P0 sed Interpretive Garden and Tree Trail Propo d ��. �� .I S BBV �I II III � ) iI'S+� PaVilitan ilUfl�l (i" °I' �) Njl �O A. �� Proposed Saner Il,r hil P 7p f ' Volleyball court i,li ry sailsed po PI N I I lay Cape ftp �I 111 1 III III��II� Existing W �� w W: BaskebaUl COurtIN � u10 ir�� G� 11 a SPI""I �. 11 V sill:, � x..... t 1�� i MIDI Iti II p"t` NIIq�X 11�Iu��il)��i ha11 I (� ��rnilli�lil� ��I''I� Ipi v 4 Existing 41I y ih� 'l�F. EXIStIng: Iti nn- cla �a dSefls t Y "� Tenni"s Y, Courts ReCreat(7rt GerlfYar ,.I'u 111iu ,l ' �il�l (` o tiJh:dr�r�S;�htnHi!unld,lG IIII��IY III ".h V iL,�6t��`. iI r 'r �Wt I la M PICK �h nn"(i IIIi51 g1 u i St 41 r�� . �. - p�) B n M�. "v -1V ill. q 71tI"it �: Iqi 1Uh II �iF: Il r .� �I re, µll �r✓ I. III�� 1I��1 a t,I aaiisip ji it l ,I0Ii ,^ P ;lll lh ��I�11 1141 Iy� ,I,l:. IIS) III III 11m1 II a t �,2 IIII)ul41 IpT ell , .Ip 1 �si ��I 'III��I I� �i'd r �I� L@gE't1d �gI�,I�uI I� ��P��r�Ilhlill 111 I III)� �i ISI II �� iri i�jl i Proposed Greater Lake Creek Trail Existing �"`" y Citywide Trail System �h'Ipi �l;,P x, IJ I�l IIII 11 ! hII �, � III ,t` im,�1 y I�) III .,1.II V �.� .I�� zfi�' �9��..�?,��'��1�� kt"� �II�u Proposed Park Benct'kes ,P�, Ig" � li , 'II��Ia IPm�"i � �1 .>if'1i�� x �� I � ��illl,rP,�I��IiI� ,p_��III1i�i� � 4�4£ s. �I�� H�i� I) h' '� �P (C I'IPdhIIIIU1�,ll r.�l„illl�ai�l �.I:� rs ,?111” Proposed Open Playfield 'uI��nl " II jll� ��I�� h II� Ilhll1 Iihhl IIII t 'Tr$', R Proposed Interpretive Garden and Tree Trail 'r "%"' r` Proposed Pavilion (� oIN hn'i 141'""11111 �I t III u�"� ill dP �I 1 �" 1 I I Ii �1( ISI 8 11 ri111 Ir 1h�E•"_>L1 IIIFI�� P TIN � i fi Pom 111NIIS41 I IF Existing t Proposed Playground Renovation Cts , Madsen 1,11 'I t y M 4kv;'�.. ii@ PnP1 a,A, IIII ii.vi '" ,j 1111 i�� `4I'BAliil 11 lu lIr�� MWu Recreation Centel Proposed Volleyball Courtsed Sand Volle IIIII,I 1 Ni�;l� i „ I�I) I'I'IP " n°r �!I I I iq p � I4 I 1 , wP iu yu g o Proposed Skate Park IlI1I N IIII II, : yy �� 1 1,N, �I 1.pptl<<lV 4 a kp1 t a", I I I � � i r;:,I s 1 nru llPll4 �li IIIJI -it tu .( w< 1 1 m� --�1�1y� u�,' ��„1s!rtt nu„1Q4�,y q1 rnY�`I��.� +� �l� sx.. �.1�4... 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SII gI�p1 a ., �: nl 1(I § 1,l I' '�' 911u ah4li�':,w {? .nhu �#i�, I11141NVPlil irNI IIiSI i aI II III "'f rIi hrl it III�IXi Ik 1l 1t6yrt II Jilt IsN1II 1J� 1 enP, 19 191.85, . a £ to �tiiull� ! � i nlJfppd i 11 II IIS� g,',e„a I l, }� ;r GREATER LAKE CREEK ; PARK MASTER PLAN W .., , lwt3['t4iR€�. l# �i5 � .�!�� SOUTH AREA I 5 N � 4 'ru r il � � d I��U Ikrinn4vu�,4�,tii�,pdi t�� MIDD t ��ihipV�6F ttu M?F II�'ilp Ilr{i�itil i7; I r IAlIt��J"�i iiu � kT I:r � 6� �I tT �4i i i i I ,! A.Pfopod Existtrig Proposed ` � lil Playscape1 phi l, �' Existing NI '" �„ h ii Pavition : .illy.pail ti at; ,.I (To be removetl) " � I Proposed �� .i iI'i Skate Parke ' ,I n Ilr ��, O II , iI I Proposed Interpretive Ilk Garden and Tree TrailD. u � IIIi lI ppIMtF—S c3 `'3 f'~, LV O A Proposed Sand ��lllp' Court rN p^ 14N N� elk r Volleyball �Coert Proposed oo4lhakml z � i Playscapeqq kN q ,� Ilii A ti aI II�iu Gil' u �;>r Courf I I d �� Yt��, l i�� u r ik� III I i� Ill I bU�I � llllial �I Ihir II�4i ii Illi I I i�li i It rIH'Ir �d�l� d 1� �n � Ili t k�I�I iib ds' i, All '; 4nirrsliiiilli �) I {t tl dipll �Iilfll,�ilill� I N�ij � I�I �h Ii 14IV�IIIIi, hli��ii'' l� �IIiJIII�iII' IEXI$tingii'�ihll�kun Vu�{tir¢.ry .-: ; Ii Ir ltj kik iii fl�l;�kae 4�; In1i�k�lw;uu'�ii�I� a Tennis , „. clay., ad ert��xlllltII� I ;il(,I1a°I ;IIIIuiI�` h,,h � hll ;, 411I�iVp,i Courts �� Recreation u6�" ` ... ,p ryry A i II S ui I I I III III I f lji. 4' II u ,ri III " na 4n` r` ' iii li ill Ilii A' .� X, .»� I� " p�u� tl ';`��, I10 h 14 I s+ i � P �l I�p717� �I ��I„af l IIIHIiidi�lry a yl I , Legend IIIIaI; a 611 uylll Ipl�Il{ I. iii �I N �h Ilih�i� Proposed Greater Lake CreekTrail � u Y _ .�i.� w hW u I 1 III r;r�, Ar A II ExistingCitywide Trail Ste#'Yt A,!' ” 1�� ' ;,y, � '�"'�"" I ;161 p Iy?,.�y l �' II�i l�li�u� I i4t�IIIr ;� �6��'kyi�il�'•. i I(� M„ fop05E.d Park Benches k� {' ;I NIII er!{III i� ' . ��IIIiI p .;.r)"e VIz'. I� r �I II it Iii II In ��I Ii iplfi� � 11 lie f; IIA pa It,'it Vdl irli4da # N,''t'!rA � bIf Proposed Open Playtel< 4il � IF ,�I 4l��l�j6u �N. I I �. �. GI� ; . ..; �V� il"i-,�, ; (� p'II�I iI Il i &i illi l��Vinh��Iu 11 I:�°t lily r i�4� �IldNl IA"rh �6�+IVi Proposed Interpretive Garden and Tree Trail i @Ili i t Iw -.uilGly 6^ l''i yill�l I I til y:.11 i tri"a IIII��i p tii�Iwi; ,a � IIIVkAi frs.- �tlklGi )IJI �Ir�� nu u xE ,. Proposed Pavillon n t. II, 6 IIk`� V VII �kJirh',;II,i f �N R I i i �"� " I r I I Vh P r',' �4++�'^ d to � V �tI i4.0 iI: ?.,�� NA i!{Ii V illy i i� 1=AIS-tin IdIl Ir, ,� NnI��I 9 o�rll ll i y grip Proposed Playground Pla d Renovation Y Cla Madsen S° 4 Re'cre'ation Center iIiII -i Proposed Sand and Volleyball Court (II III I) ,Ii �IIIIhImin,� �II,Iii`I ,Ih �,N ,;II, II lo, h ,k. r' i�l elle SII d ilii; r u i; , ( Pfoposed Skate Park °C Ai;;r�, ; pie. pp �: IIII ppP, iI li II I u 41gl��llldt( lV I�af i I ;Il� �4I� hl II�I uI ,hr n d t IN ,.,, ,....,. .. ., ..,,� a «_�.:..� h r• <,.: ,-�;. hl ,.,�iti 4.,.. ":r "N.. ,,:, i�A�hY.,. � r N�'t u I rs .u,ii aY u.` �n ar,x. 1. .,r.• i ,.n -a- 1. �i. rp'� i, :; �I,.,b y r'°o- glhilil ,..,,,I: II x`':3,4 IIII:,,n t ',,. ,p' of l i't`wfF µ >F i ., i ,411 I ;.::u�� I l .. + 7 r�M � � ,4m t a p m i 7I Ilk'"" i fi 91 i�Il i it� d¢� rel {:aha iuui kr u''uai ik aNi t iP�iD I 4 V 141NII -, ; y � � Sij �llip N ibk N 1r1 �IIN i il i i%ikl �i h �I rTODEL n f 4 qt' 1i — COMPUTER pIl 1 ' I)r > {n. rd a jk I rel INl pp 1 d'+£ a kI Ade tlI iyik wi t ' ih kN 1 i i s - ? 'yy� 191.8 `[�/#yam !�I i ing! 1wI t 6.9 i M1. ' M 1 "il a'� W e IIII ,t til'{, ,Ill tq?iIiVI V19'4Nltl .A, Iii k,:i�A Iq{ iI Ia Gk V ;kI�� i�p�i lel �IW „j rvA .pp . `i It• , ..... .... .... .v ._._. GREATER LAKE CREEK -A, jj PARK MASTER PLAN , �R(ki ht)IW 1X I i ,,w t E ' +sWf Mnl 4&.s�.Ik�YW vbPhk if C'Y �ff SOUTH AREA S TEXAS PARKS&WILDLIFE DEPARTMENT ECREATION GRANTS BRANCH ( T�eOFFICI�AL EPLAN OUNDARYWAP SPONSOR el�u n� Rcj--jAA Pno �_ PROJECT L6'-'re-laip-r Lake- Ore-e-� Pa c� PROJECT NO.,17,LL-OL)_-JTYPE A D (:A&:D) ACQUISITION AREA PROJECT AREA LEASE EXPIRATION DATE A'A NOT IN PROJECT DATE WA-7 7T J ATTACHMENT B (see instructions page 9) STATEMENT OF JUST COMPENSATION Pursuant to (Authority-Political Subdivision Resolution) (Acquiring Agency) is now in the process of acquiring private property necessary for Title records indicate that you are the record owner of real property located in the State of Texas, County of more particularly described as follows: Since your property is within the project area, it is necessary to acquire the property for this project. We are prepared to purchase your property subject to any existing Easements or Restrictions of record and excepting and reserving the following interest which will not be acquired and for which no value is included in our estimate of just compensation: In compliance with the current "Uniform Appraisal Standards for Federal and State Land Acquisition", an estimate of grant assistance property value in the amount of $ has been made for the interest to be acquired in the above described property. This amount is based upon the State approved appraisals prepared for the acquiring agency and included a personal inspection of your property, at which time you or your representative were given the opportunity to accompany him/her. The appraisal takes into consideration the location of your property, its highest and best use, current land sales of properties similar to you property and other indicators of values, .i .e., Grant assistance to the sponsor includes amounts for the land, improvements, severance (if any), other elements, and will not exceed as follows: LAND: 14 ATTACHMENT C (see instructions page 9) STATEMENT OF DONOR I understand that two State-approved appraisals, which were prepared for the acquiring agency, establish the grant assistance value of $ for the entire parcel . This value was determined after a personal inspection of the property by the appraiser during which I, or my representative, was given an opportunity to accompany the appraiser. I donate the following (indicate number of acres, value, and description of donated property). Signature of Owner or Representative Printed Name and Title Date NOTE: This statement must be completed and signed by donor when an acquisition project involves either a full or partial donation by owner. 17 SECTION 3 DESIUKTURVELOPMENT PROCESS CONSTRUCTION j IS CONSTRUCTION PREPARE O-I-A REVIEW OF 0-1-A APPROVAL AND PLANS&SPECS PLANS&SPECS AUTHORIZATION TO PROCEED BY CONTRACT OR FORCE ACCOUNT CONSTRUCTION r �D ADVERTISE FOR OPEN AWARD SUBMIT BIDS AND CONSTRUCTION BIDS BIDS CONTRACT CONTRACT TO 0.1-A PLO.MMOUN DESIGN CONSTRUCTION FLOW CHART TEXAS PARKS AND WILDLIFE DEPARTMENT Texas Recreation and Parks Account Program (Rev. 09-94) DESIGN/DEVELOPMENT INSTRUCTIONS This section contains instructions for projects which will develop recreation facilities. Included are the elements required for submission of plans and specifications, requirements for handicapped accessibility, and instructions for the program recognition signs required. PLANS AND SPECIFICATIONS REQUIREMENTS The Grants-In-Aid Staff Engineer, reviews 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 and signature of the designer, who is reminded that ethically his seal should appear only on documents for which he is personally responsible and technically proficient. ALL plans and specifications must be approved by the Department prior to invitation to bid and construction. 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). 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 sponsor nor the State of their responsibilities to provide technically adequate construction documents. Bid proposals must identify costs of any portion of the work not supported by Furl assistance. These costs must be easily separated for audit purposes. Plans and specifications are not required on items such as playground equipment, picnic tables, and benches to be purchased; however, the manufacturer's name and model number must be furnished. Plans and specifications for the installation must be provided. The attached design checklist named "Attachment A - Checklist for Plans and Specifications (see page 27)" establishes the minimum construction document elements required for Department review. It is intended to assist the designer and his client (the sponsor) in obtaining rapid approval without dictating criteria, creativity or originality. TYPES OF REVIEW ACTION The sponsor will be informed of the result of the Department review: 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 PLANS REVIEW TIMING A minimum of thirty (30) days should be allowed for review; consultant or applicant conferences with review personnel must, necessarily be handled by appointment. DEPARTMENT PLANS REVIEW LIMITS The Department staff is a reviewing body only, and may not act as designers nor furnish detailed estimates. Our review of design features will be limited to those delineated by the Pre-Construction Certificate as follows: 1. Meet all applicable federal, state and local codes and current engineering practices (this responsibility is to be borne by the designer whose seal is affixed to the plans and specifications); 2. That health, safety, durability and economy receive consideration consistent with the scope and objectives of the project; 21 3. That design is in good taste; 4. That the proposed development is suitable for the environment and will not harm the aesthetic value of the area; and 5. That provisions have been made to insure adequate supervision by competent personnel. OTHER PLANS AND SPECIFICATIONS REQUIREMENTS PHYSICALLY HANDICAPPED REQUIREMENTS The standards and specifications adopted by the Elimination of Architectural Barriers Program of the Texas Department of Licensing and Regulation (TDLR) to comply with Section 7, Article 601b, V.T.C.S. are required to be included in the design of the park facilities. A Statement of Intent form must be submitted to TDLR with plans and specifications. Clearance from TDLR must be submitted to the Department by the sponsor. 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 Clearance from the Texas Department of Licensing and Regulation. CIVIL RIGHTS REQUIREMENTS 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 and must be included in the plans and specifications submitted for TPND review. "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 be limited to, employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection 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 whom 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 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. 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 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 my be imposed and remedies invoked as provided in Executive Order No. 11246, as amended or by rules, regulations, or orders 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. 22 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." PLANS NOTIFY OF GRANT FUNDING All bidders will be informed that state funds will be used to assist in construction. ALL BID SOLICITATIONS AND CONTRACT DOCUMENTS SHALL STATE: "State Funds from the Texas Recreation and Parks Account administered by Texas Parks and Wildlife Department are being used in this project." This can be accomplished in the Special Provisions of the specifications or in the bidding documents. CONTRACT AND BOND REQUIREMENTS FOR PLANS For contracts expected to exceed $15,000, public notice shall be published as required by Article 2368a, V.T.C.S. to solicit competitive bids. 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. Pursuant to the Texas Uniform Grant and Contract Management Act, the following minimum requirements apply to all contracts exceeding $25,000 in total value: 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 oder 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 my be included in the contract. The sponsor shall include, in addition to provisions to define a sound and complete contract agreement, the following provisions in all contracts: 1. 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. 2. All contracts, amounts for which are in excess of $10,000 shall contain suitable provisions for termination by the sponsor including the manner by which it will be affected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated or default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. OTHER DEVELOPMENT REQUIREMENTS WORKERS' COMPENSATION The sponsor shall comply with the REPORTING REQUIREMENTS FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENTAL ENTITIES of 28 TAC 0 110.110, effective September 1,1994. Additional information regarding these requirements my be obtained from: Texas porkers' Compensation Commission Southfield Building 4000 S. IN 35 Austin, Tx 78704-7491 512/448-7900 PERMITS The sponsor shall insure that all applicable permits or approvals have been obtained prior to construction. A copy of these approvals or permits shall be provided to 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 23 3. Texas Department of Health approval of new water or sewage systems PROGRAM SIGNAGE Appropriate acknowledgement of fund assistance is required. Signage plans must be reviewed and approved by the Department. (see page 25 for examples) 1. Temporary Sion - All development projects, including combined projects (acquisition and development) will require a sign until completion of the development. In the case of combined projects, a sign acknowledging both acquisition and development may be installed at the time project development is initiated. Acquisition projects require a sign for a period of not less than six (6) months. 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, installation of a sign for acquisition projects should be delayed until the acquisition of all parcels is completed and all relocations have occurred. Development projects should have a signed installed at the time construction is initiated. Temporary signs shall be no less than four (4) feet by eight (8) feet. The attached sample reflects the minimum standard requirement. The second line of the sign will indicate whether the project is acquisition, development or both. There should be sufficient contrast between the background color of the temporary sign and the Lettering to make the sign readily visible without being intrusive. (see page 25) 2. Permanent Sign - Suitable permanent public acknowledgement for all projects is required. This acknowledgement will be in the form of a permanent sign which represents the state/local partnership role in creating recreation opportunities. This sign should be at a conspicuous Location easily identifiable to the public. It is suggested that this permanent acknowledgement be in the form of a plaque to minimize maintenance costs. The wording of the permanent sign should reflect that shown in the enclosed suggested layout. The minimum size is 18" x 24". (see page 25) CONSTRUCTION PHASE Periodic inspections by Grants-in-Aid staff should be expected. Contract change orders must be forwarded to the Grants-in-Aid Staff Engineer for review and approval prior to construction. FINAL INSPECTION Upon notification by the sponsor that a project has been completed, the Department will conduct a final inspection/audit 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. -24 ACENOWLEDGEMENT—BIGNS On-site program acknowledgement signs are required for all approved TRPA grant projects. Signage requirements include a tommorary sign which should be displayed throughout the active stages of a project (once land acquisitions are complete - if applicable), and a sion or plague which suet be installed and maintained at the site perWWI ty. Cats for program acknowledgement sips are reimbursable for approved projects if budgeted in the "Tabular Summary of Project Elements i Cats■. Examples of the temporary and permanent signs are shown below. Information shown on the examples is theinn niaum information required. SART std (Ninisu si: - A• X-8#) The (City/County/Distriet) of Public Recreation Site * Project With Funding Assistance through the TEXAS RECREATION i PARKS ACCOUNT PROGRAM Administered by the Texas Parks i Wildlife Department FUNDING State of Texas 50% S 500,000 (City/County/District) SOX S 500,000 Total Project S 1,000,000 Source of Program Funds - State Sales Tax on Sporting Goods * Insert either acquisition, development, or acquisition and development Pi:RNWNENT SIGN OR PLAaE inisu Size Ir x tie) TME REST LITTLE PARK IN TEXAS A TEXAS RECREATION i PARKS ACCOUNT MORAN pROJECT Sponsored by the (Cf ty/County/Distriet) With funding Assistance through the Texas Parks i Wildlife Department 25 ATTACHMENT A CHECKLIST FOR PLANS AND SPECIFICATIONS This checklist is designed for use by the Consultant, the Sponsor, and the Texas Parks and Wildlife Department Grants-in-Aid Branch staff, 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 designer and the sponsor, and submitted with plans and specifications for Department review: (Not all items wilt pertain to every project; indicate with an "N/A" if this is the case.) PLANS 1. General a. Sheet size, 24" x 36" preferred b. Title Block, State Project Number, and Professional Registration Seal on all sheets C. Vicinity map 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 done by Contract. f. Clearly indicate any work not done with grant 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 (temporary sign and permanent sign) 2. Buildinas a. Site plan - my 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 (2) cross-sections (longitudinal and transverse) including foundation; additional as needed d. Foundation plan including structural details (reinforcing, etc.) e. Plumbing - plan and riser diagram, cold water, hot water, gas, waste, and drains f. Electrical - plan, circuitry diagram, symbols and schedule g. Mechanical (HVAC) - plan, details, and schedule h. Room finish schedules - floor, walls, ceiling, etc. i. Door and window schedule j. Details - wall and roof sections, miscellaneous details necessary for fabrication and installation of all building components k. Dimensioned floor plan for each level L. Sufficient number of interior elevations to depict each 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 27 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 structures, 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 spacing, indicate existing and proposed plant materials by accepted common name; provide key for proposed plant material listing quantity, common name, scientific name, plant size, and transplanting condition (i.e., B & B, BR, Container). d. Transplanting and staking details for typical tree planting, shrub bed, and/or ground cover bed planting e. Plans, elevations, cross-sections, and construction details as required for site developments including walks, trails, curbs, retaining walls, foot bridges, steps, ramps, fences, barriers, entrance portals, and signing 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 automatic type system. Provide detailed i specifications of all equipnment 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. T. 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 28 C. Indicate Primary and Secondary distribution systems d. Building distribution schematic e. Show location and size of all transformers, disconnects, and panels f. Details - equipment installation 9• 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 SPECIFICATIONS * 1. Addenda (stapled to inside of front cover) * 2. Invitation and Instructions to Bidders * 3. Special Instructions to Bidders * 4. Contractors Proposal Forms * 5. Performance Bond Forms * 6. Payment Bond Forms * 7. Contract Forms * 8. Certificate of Insurance * 9. General Conditions *10. Supplementary and/or Special Conditions a. Statement regarding use of program funds b. Equal Opportunity Clause (Nan-Discrimination Provision) c. Wage Scale d. Other 11. Detailed Technical Specifications a. Table of Contents b. Technical sections - by major project elements and/or craft involved *Not specifically required on Force Account projects. 29 SECTION 4 REUMURSEME NT PROCESS i PREPARE REIMBURSEMENT SUBMIT TO GRANTS-IN-AID GRANTS-IN-All) R6QUFST US[NC 6RANT3 IN-AID STATE COMPTROLLER REIMBURSEMENT TX PARKS&WILDLIFE CHECKLIST DEPARTMENT PfiRFAUDI DESK PROCESSES TO STATfi PROCESSES FORWARDED TO AUDIT COMPTROLLER PAYMENT SPONSOR W ORANTSIN-AID REQUEST SUBMIT FOR ADDITIONAL ADDITIONAL INFORMAT[Odi INFORMATION REIMBURSEMENT FLOW CHART TEXAS PARKS AND WILDLIFE DEPARTMENT TEXAS RECREATION AND PARKS ACCOUNT (Rev. 09-94) GRANT REIMBURSEMENT PROCEDURES INTRODUCTION PLEASE READ CAREFULLY The following information is a general outline of the procedures for requesting reimbursement under the Texas Recreation and Parks Account Program. Reimbursement is made only after the sponsor has accomplished the work and made the expenditure. It is requested that sponsors submit reimbursement requests on a regular basis, monthly if possible, to prevent large outstanding grant balances. The minimum reimbursement request amount is $10,000. Eight weeks are normally required by the Department to process a reimbursement request. Project sponsors should be aware of their project agreement expiration date. Expenses incurred after the expiration date are not elioible for reimbursement. The sponsor is required to submit a final reimbursement request to the Department within 45 days after the completion of the project, or advise the Department as to why the project is not complete. Adherence to these procedures will be considered in evaluating your eligibility for future grants. IF ASSISTANCE IS REQUIRED, PLEASE CONTACT THE FISCAL SECTION OF THE GRANTS-IN-AID PROGRAM. 33 GENERAL REIMBURSEMENT INFORMATION General Since projects differ in scope, the information contained herein can only be of a general nature. These procedures are for sponsor use in submitting reimbursement requests for work completed through the Texas Recreation and Parks Account. A Reimbursement Request Checklist is included for review when submitting reimbursement requests. If the eligibility of an expenditure item is not addressed in these guidelines, contact the Grants-In-Aid Fiscal Section. The Department will reimburse up to 95% of grant funds before the final audit and inspection. Please advise the Grants-In-Aid Program, in writing, at the time the final reimbursement request is submitted so that the Department can schedule the final audit and inspection. Refer to Project Closeout Checklist. The sponsor is required to retain financial records for-three (3) years after the final reimbursement. The sponsor's records are subject to audit. A-128 Single Audit It is the responsibility of the grant sponsor to have an A-128 single audit done annually for projects which have received $25.000 or more in grant reimbursement per fiscal year. The Department requires a copy of the A-128 Single Audit within 30 days after completion of the sponsor's fiscal year audit. Contact the Grants-In- Aid Branch for any questions regarding the A-128 audit. Architectural/Engineering Costs The Department limits total reimbursement of architectural/engineering fees not to exceed 12% of the total project construction cost. This allows the Department to allocate more funds to park facilities. All A/E costs over 12%must be absorbed by the sponsor. Design fees will not be reimbursed until the construction plans and specifications have been reviewed and approved by the Department. Plans and Specifications Plans and specifications for each construction element of the project must be approved by the Department and on file prior to requesting reimbursement. The sponsor should refer to the Design/Development Instructions beginning page 21 for further detail. • Land Acquisition For specific instructions regarding reimbursement for land acquisition, see Acquisition Project Procedures which can be found in the official approval packet. DEVELOPMENT PROJECT REIMBURSEMENT INSTRUCTIONS ALLOWABLE AND NON-ALLOWABLE COSTS ALLOWABLE EXPENDITURES o Costs must be necessary and reasonable for proper and efficient operation of the grant project; be an allowable expense toward project construction; not be a general operating expense required to carry out the overall responsibilities of state or local government. o Expenditures must be authorized, or not prohibited under state or local laws and regulations. o Expenditures must conform to the limitations of manuals, state law, federal law, or other governing limitations in the agreement as to type or amount of costs. o Grant records should be maintained according to generally accepted accounting principles. o Expenditures must not be charged or eligible to be charged to any other grant-financed program unless guidelines in administering the particular program permit. o Payments must not include discounts, finance charges, fines, taxes, penalties, etc. The sponsor will be notified if eligible expenses are disallowed. Items disallowed may be paid on the next reimbursement request if the sponsor provides the information requested and if expenses are justified. Sponsors will absorb administrative costs and other overhead expenses. Non-Allowable Expenditures o Ceremonial or entertainment expenses. o Expenses for publicity. o Charges in excess of the lowest bid, when competitive bidding is required by law, unless the Texas Parks and Wildlife Department agrees in advance to the higher bid. o Charges for deficits or overdrafts. G Taxes for which the sponsor is not liable to pay. G Interest expenses. 34 C Damage judgements arising out of acquisition, construction, or the equipping of a facility, whether determined by judicial decision, arbitration, or otherwise. G Incidental costs relating to acquisition of real property and of interests in real property, such as the cost of surveys, title search, legal fees, and relocation costs. Appraisal costs are allowable up to 5% of appraisal value or maximum $10,000.00 whichever is Less. G operation and maintenance costs of outdoor recreation areas and facilities. G The value of personal properties, unless specifically approved in advance by the Department. o Cost of discounts not taken and finance charges. C Equipment to be used for the maintenance of outdoor recreation areas and facilities, including but not Limited to automotive equipment, tractors, mowers, other machinery, and tools. o Employee facilities, including residences, appliances, office equipment, furniture, and utensils. C Donations or contributions made by the Sponsor, such as to a charitable organizations. G Salaries and expenses of the office of the chief executive of a political subdivision, and similar Local governmental bodies. G Fines and penalties. G Any excess of cost over the State contribution under one grant agreement is unallowable under other grant agreements. G Any Losses arising from uncollectible accounts and other claims, and related costs. DEVELOPMENT PROJECT REIHBLIRSEHENT SLIPPORTING DOCIIILENTS Invoices The invoice aunt identify the project element for which materials or services are being used. For example, if a portion of the invoice is for water system and the other portion for electrical system, a breakout of each element must be noted. Cancelled Checks A copy of the front of the cancelled check, showing banks processing, is required for proof of payment. It is not necessary to disburse separate checks for payment of monthly statements, but the amount charged to the grant project must be clearly defined. (Attachment G page 59) Spreadsheet It is required that an accounting spreadsheet prepared by the sponsor be furnished with each reimbursement request. The purpose of this spreadsheet is to disburse project expenditure costs for.the billing period to the appropriate project element. The spreadsheets will also aid the Department in expediting payments. See Attachment F (page 57) for example of an accepted spreadsheet of project costs. In some cases one contract will be entered into that includes construction work for the entire park (all project construction elements are included in contract). In such instances it will not be necessary to breakdown the contract by allocating a portion to each tabular summary item. The sponsor say indicate as shown in attachment EM (page 55) what the total cost to construct all project elements is. (This procedure will not be used if all the project construction elements are not included in one contract). Tabular Summary Copies of the Tabular Summary will be provided by the Department in.the official approval packet. The reported costs on the Tabular Summary are the actual project costs to date. The total of the "Construction" section will show actual costs and retainage will be deducted from this total, if it applies, on each summary report. The summary will be used for reconciliation of reimbursement requests between the sponsor and the Department. The amounts Listed in the "Estimate" column for each construction element item are estimates only and are not the Limits that say be expended per Line item. However, reimbursement will not exceed total project agreement cost. See Attachment E (page 53) for an example of how to prepare the Tabular Summary. Because a contractor's bid-seldom identifies all the construction elements; consultation with the contractor or architect-engineer is usually necessary for proper allocation of costs to the project elements. If bids contain work items not in the grant project, they must be identified for audit purposes. On a unit price bid, it is requested that the sponsor identify the Tabular Summary construction elements for each bid item. Certification for Grants-In-Aid Reimbursement Request A completed Certification for Grants-In-Aid Reimbursement Request form must accompany each request for reiabursement.(Attachment H page 61) 35 Contract Documents A copy of the executed contract(s), and all change orders issued on the contract must be submitted. Also a copy of the published bid advertisement and the tabulation of all bids received are required. Force Account Records When force account costs are reported, the sponsor may use either the Department's Work Record form or their local work records, including computer information, providing required data is submitted with each reimbursement request. (It is recommended that the sponsor receive prior format approval.) Copies of payroll checks are not necessary, provided all time sheets are certified by the foreman or responsible official. See Attachments A (page 45) and B (page 47) for examples of completed work records. The Department will issue a limited number of work record form upon request, however it is the responsibility of the sponsor to duplicate the forms for continued use. The work record consists of the following parts: G Personnel: The disbursements for this section of the form will be obtained from sponsor's payroll records. Total work hours consolidated weekly or monthly will not be accepted. Work records must define actual days and hours worked. Daily work records is for the sponsors use, only submit the weekly work record designating days worked to the Department. C Equipment: A brief description of the equipment including cost code number assigned, hours/miles used, the established average rate, and total cost is needed. C Recapitulation: Recapitulation section as shown on the Daily Work Record is to be used for totals of each item. The "Miscellaneous" column may be used for fringe benefit percentage. G Certification: The work record must be certified by the sponsor. (Individuals donating Labor must sign the work record form as certification.) Certification of Donated Labor or Service When on individual is donating labor or service in their specialized trade such as electrician, brick layer, carpenter, etc., a Certification of Donated Labor or Service form must be completed and submitted with the signed work record for reimbursement. See Attachment D (page 51)for example of form. Affidavit of Local Unit of Government When submitting a final reimbursement request, a notarized Affidavit of Local Unit of Government must be included. See Attachment I (Page 63) for example. CONSTRUCTION METHODS Contract Bid Construction The sponsor must comply with V.T.C.S. Art. 2368a. requirements governing advertising for bids by counties and cities. It is the responsibility of the sponsor to adhere to all local. State and Feokral laws and regulations warding bidding Procedures. These procedures generally require award of a construction contract to the lowest qualified bidder. Prior to awarding a contract to other than the low bidder, the sponsor must submit in writing, for Department approval, justification as to why the contract should not be awarded to the low bidder. The Department requires a copy of the bio advertisement and the tabulation of all bids received before making reimbursement on contract expenditures. When a contract has been awarded the sponsor moist submit a copy of the executed contract to the Department and all subsequent change orders. Reimbursement will not be made on change orders until they are approved by the Department. Force Account Construction Construction performed by the sponsor's own work force including work provided by other governments must be recorded and certified on work record forms (see Attachment A and Attachment--B for examples of accepted format). Prior to requesting reimbursement for force account work a list including pay rate and job description of individuals who will work an the project aunt be submitted to the Department. The sponsor must ensure that the employee is not being paid from ineligible sources of funding. Overtime will not be paid unless an emergency exists and the sponsor includes documentation for the emergency. Fringe benefits paid by the sponsor such as FICA, insurance, and retirement, are allowable expenses, but the method of determination must be documented and on file with the Department. Fringe benefits may be computed on percentage of total payroll, provided the method of determination is approved. The sponsor's payroll records will be verified at the final audit/inspection. 36 i Materials Purchasing: Copies of the Purchase Order or Requisition for materials and equipment will be provided with the cancelled check and invoice when requesting reimbursement. Purchases made to one vendor over a short period of time, and which exceed the minimum bidding requirement amount, will be considered as falling under competitive bidding laws and will not be reimbursed unless proper bid procedures are followed. When a purchase is made under the competitive bidding guidelines, submit a copy of the specifications, advertisement for bid; bid tabulation, and executed purchase order for Department review and approval. Prior to awarding a contract to other than the low bidder, the sponsor must submit in writing, for Department approval, justification as to why the purchase should not be awarded to the low bidder. Eauipmment Use: Sponsors that do not maintain equipment records must use the rates established by the Department. The rates established by the Department are derived from a National Cost Referenced Guide for construction Equipment compiled by a company of the Dura and Bradstreet Corp. These rates are consistent with rates utilized by other state and federal agencies and will be furnished by the Grants-In-Aid Program. To obtain equipment rates, the sponsor should furnish the following information to the Department. (See Attachment C (page 49) for suggested format): 1. Year and model 2. Size and/or capacity 3. Horsepower 4. Single or tandem drive 5. Wheeled or track-mounted 6. Weight If you do maintain equipment cost records, contact the Grants-In-Aid Program Fiscal Section for a copy of the guidelines for computing equipment use rates. Equipment Rental: Lease or rental charges on equipment are allowable when it is determined that such an arrangement is the most efficient and economical. Equipment that is rented to the sponsor by private contractors may be charged to the grant fund program on an actual cost basis, provided that these rates are equal to those charged to all other users. Adequate cost records must be maintained to support these rates. In-Stock Materials: If the sponsor uses materials from warehouse stock, a list must be furnished to the Department giving description of material, cost of material, and for what construction element the materials were used. Materials must be at actual cost, less discounts, rebates, etc., with no profit to the sponsor. The sponsor must maintain inventory, and auditable cost accounting records or confirmation of material cost must be furnished to the Department. Material cost accounting records will be held for payment and verified at final audit if confirmation of cost is not furnished with each reimbursement request. Construction by Donation Labor or Services: Donations made to the sponsor by individuals, corporations, civic organizations, etc. after project approval must be reviewed by the Department on a case-by-case basis. The Department must be assured that the donation is at actual cost. The sponsor may not make a profit from any donation claimed on the grant. Reimbursement of donated labor or services will be made at the local common laborer wage, minimum wage or the wage the sponsor pays that type of employee or service. The force account work record form may be used for documenting donated labor provided the individual donating the labor or service certifies by signature that the hours worked are correct. The sponsor's project officer or supervisor is also required to certify the work record. If an individual is donating labor or services in their trade such as an electrician, brick layer, carpenter, etc., reimbursement will be based on the prevailing wage paid in the locality for that specialized trade (excluding fringe benefits). When requesting reimbursement for a specialized trade, the Certification of Donated Labor or Service form must be completed and submitted with a signed force account work record. (` Attachment D page 51) Materials: Donated materials will be reimbursed at the actual cost or at the normal price charged by a vendor. All vendors donating materials must submit an invoice and a signed letter stating that they are making a donation and that the invoiced amount is the actual price of goods or services normally charged all customers. Eguipment: Donated equipment use will be reimbursed at rates established by the Department, providing the firm is not in the equipment rental business. If equipment is donated from a rental agency, the donor must submit an invoice and signed letter stating that the invoiced arrant is the normal price charged all customers. NOTE: Sponsors may not make a profit from donations. Donations will not be reimbursed until cash payments equal or exceed the value of the donation. 37 DEVELOPMENT PROJECT REIMBURSEMENT REQUEST CHECKLIST The following information is a guide for submission of grant project reimbursement requests. The sponsor should review this checklist carefully before submitting each request. Reimbursement requests not meeting the prescribed format will be returned to the sponsor. 1. Plans and Specifications- Construction plans and specifications must be approved by the Department and on file for each construction element of the project for which reimbursement is requested. 2. Bid Advertisement and Tabulation of all bids received: For expenditures requiring competitive bidding, a copy of the newspaper public notice for bid advertisement and a copy of the bid tabulation listing all bidders and bid amounts are requested. 3. Contract Documents: A copy of the executed contract(s) and all change orders issued on the contract(s) must be filed with the Department. 4. Invoice: The copy of the invoice must be legible. The invoice must identify the project element for which materials or services are being used and a copy must be submitted with the paid check. 5. Contractor's Payment Voucher: A copy of the contractor's payment voucher must be furnished to the Department supporting the cancelled check. 6. Paid Check: A copy of the front of the bank paid check, is required for proof of payment. (Attachment G) 7. Force Account Work Record: The sponsor may use either the Department's Work Record (Attachments A and B), or their own, including the supervisor's signature. 8. Certification of Donated Labor or Service: A completed Certification of Donated Labor or Service must be submitted when requesting reimbursement for donations of specialized trade or profession. Attachment D) 9. Spreadsheet- A spreadsheet must be provided with each reimbursement request. (Attachment F) 10. Tabular Summary: The sponsor should submit one completed copy of the Tabular Summary with each reimbursement request. (Example Attachment E) 11. Certification for Grants-In-Aid Reimbursement ReauAst• A completed Certification for Grants-In-Aid Reimbursement Request form must be submitted with each reimbursement request. (Attachment H) 39 ACQUISITION PROJECT REIMBURSEMENT PROCEDURES After grant approval and the Departments' approval of two independent appraisals prepared in accordance with the Texas Recreation and Parks Account Program procedures (pages 64-66) the following information is required before payment can be made to the sponsor for acquisition projects. 1. A temporary project acknowledgement sign must be installed at the project site and a photograph furnished to the Department. (Refer to Development Project Instructions for example of temporary sign.) 2. Project Construction Plans and Specifications must be approved by the Department before reimbursement will be made on donation projects. ACQUISITION PROJECT REIMBURSEMENT REQUEST CHECKLIST After the above has been accomplished or furnished to the Department the following documentation must be submitted for reimbursement. 1. One copy of the Statement of Just Compensation.(see page 14) 2. One copy of the completed Statement of Donor on donation projects. (see page 17) 3. Proof of ownership and legal rights obtained. One photocopy of the executed, recorded deed. 4. A copy of the Title Policy. (if obtained) 5. Proof of payment. (one copy of cancelled check) 6. Tabular Summary showing acquisition value of land. 41 DEVELOPMENT PROJECT CLOSEOUT CHECKLIST Before requesting a final audit and inspection of a completed grant project, the following must be accomplished: 1. All facilities must be complete and usable for recreation as specified in the original Agreement. If facilities differ from the original site plan, an as-built site plan must be provided to the Department. 2. The sponsor must have all construction bills paid and furnish cancelled checks and invoices to the Department, including final payment of contracts. 3. A Permanent grant program recognition sign or plaque must be installed in a visible location. The temporary recognition sign should be removed when the permanent sign has been installed. (see example Page 25) 4. All facilities must meet accessibility requirements. Final acceptance is subject to approval by the Texas Department of Licensing and Regulation. 5. A notarized Affidavit of Local Unit of Government must be furnished to the Department certifying that all bills have been paid (Attachment I). 43 ATTACHMENT (SEE PAGE 36 FOR SPECIFIC INSTRUCTIONS) WEEKLY WORK RECORD WEEKLY WORK RECORD Period from: 1 -1-91 Through:1-31-91 Project Number 20-00001 Nature of Work: Waterline Construction Employees Hours Worked -i— Total Hourly Employee Name S M T W T F S Hours Rates Amounts Signature (only if donated Tom A. Jones 8 8 8 8 8 40 4.26 170.40 George Jones 8 8 8 8 7 39 5.00 195.00 —4— Total 365.40 Fringe Benefits .0936 % 34.20 Total Employee Cost $399.60 Equipment Hours or Miles O erated 'Hr/Mi Unit Description S M T W T F S Total Rates Amounts Number Assi ned Tractor w/grader 2 2 2 2 8 3.24 25.92 080946 Total Equipmetn Cost 25.92 Net Total (Employees + Equipment) $425.52 I certify that the above named employees were on the payroll of City of Any Town on the dates shown and that these employees and the above listed equipment were used on: Any Town City Park Project Si nature, Pro'ect Officer or Supervisor ATTACHMENT B (SEE PAGE 36 FOR SPECIFIC INSTRUCTIONS) DAILY WORK RECORD DAILY WORK RECORD Project Number 20-00001 Date 1-1-91 Department Parks and Recreation foreman or Supervisor John A. Doe Nature of Work or Water Line Project Element Construction Location Any Town, Texas PERSONNEL SIGNATURE (Only if donated Name Hours Rate Cost Bill Smith 4 $4.26 $17.04 Tom A. Jones 8 4.26 34.08 George Jones 8 5.00 40.00 PAYROLL $91.12 EQUIPMENT RECAPITULATION Unit Hours/Miles Rate Cost Cost Tractor, w/grader = 103000 8 $3.24 $25.92 Personnel $ 91.12 Equipment 25.92 Fringe Benefits * NOTE FOR EQUIPMENT: 9.36% 8.52 Sponsor must have cost records or use approved Department rates. Rates will be furnished by the Department upon written request. TOTAL $125.56 I certify that the above named employees were on the payroll of the (City of Any Town) on the date shown and that these employees and the above listed equipment were used on Project Number (20-00001), (Any Town City Park) Project. *Fringe benefits (FB): Method of obtaining fringe benefits must be furnished to the De artment. Signature, Project Officer or Su enrisor 47 ATTAC RENT C (SEE PAGE 37 FOR SPECIFIC INSTRUCTIONS EQUIPMENT LISTING FORMAT Sponsor: Project Name: Project Number: <—TPWD USE ONLY---> eeled or Cost Code Year Make/Model Description Combined/Wei ht Ca aci Size/H.P. Single/Tandem Track—Mounted No.Assigned Rate 1977 International Dump Truck 21/2—ton Single Wheel 1984 Mack Dump Truck 5—ton Tandem Wheel 1964 Case Tractor 95 h. . Wheel I (Please indicate if the equipment has been purchased with local,state or federal funds) ATTACHMENT D (SEE PAGE 36 FOR SPECIFIC INSTRUCTIONS) CERTIFICATION FOR DONATED LABOR OR SERVICE TEXAS PARKS AND WILDLIFE DEPARTMENT CERTIFICATION FOR DONATED LABOR OR SERVICE "I certify that my profession or skilled trade is and the prevailing wage for this profession or trade is$ per hour. My donation of labor or service for Project Name , Project Number is correct and just as will be stated on the work record and will be charged to the project only when working in the trade or profession named above." By SIGNATURE OF DONOR (Print or Type Name) Date By signature hereon I certify that to the best of my knowledge the individual named above is in the profession or skilled trade stated and has agreed to donate labor or services to the referenced grant project. POLITICAL SUBDIVISION By Signature (Print or Type name and Title) Date _ Rev.5-91 51 ATTACHMENT E (1) (SEE PAGE 35 FOR SPECIFIC INSTRUCTIONS) TABULAR SUMMARY PROJECT ANY TOWN,TEXAS I REIMBURSEMENT REQUEST NO. 1 PROJECT NUMBER 50-00000 IPERIOD COVERED-01-02-95 TO 03-04-95 COMPLETED COMPLETED TOTAL ESTIMATE LAST REQUEST THIS PERIOD COMPLETE L PROFESSIONAL SERVICES Begin: 01-01-95 . S 11000.00 300.00 300.00 2. CONSTRUCTION ELEMENTS A.Site Preparation 7,000.00 1,000.00 11000.00 B.Utilities 1.Water 1,500.00 702.65 702.65 2.Electrical 9,000.00 800.00 800.00 C.Roads and Parking 1.Roads 4,000.00 2.Parking 3,000.00 D.Restroom/Concession 10,000.00 4,800.00 4,800.00 E.Recreation Facilities 1.Picnic units 900.00 2.Barbeque pits 800,00 3.Tennis court renovation 91000,00 4.Tot lot 2,400.00 5.Ballfield with fencing&bleachers 14,000.00 F.Miscellaneous 200,00 1.Sign 1,200.00 2.Contingencies Construction Cost $ 7,302.65 7,302.65 Less Retainage* a 480.00 480.00 TOTAL CONSTRUCTION $ 63 000.00 6 822.65 6,822.65 3. LAND: $ TOTAL PROJECT COST $ 64 000.00 7 122.65 7,122.65 MATCH- $32.000.00 53 ATTACHMENT E (2) (SEE PAGE 35 FOR SPECIFIC INSTRUCTIONS) TABULAR SUMMARY PROJECT ANY TOWN,TEXAS REIMBURSEMENT REQUEST NO. 1 PROJECT NUMBER 50-00000 PERIOD COVERED:01-02-95 to 03-01-95 COMPLETED COMPLETED TOTAL 1. PROFESSIONAL SERVICES ESTIMATE LAST REQUEST THIS PERIOD COMPLETE Begin: 01-01-91 S 14,530.00 14,530.00 14,530.00 2. CONSTRUCTION ELEMENTS A.Recreation Facilities 1.Lighting of 2 existing tennis courts 12,000.00 2.Lighting of 1 existing basketball court 6,000.00 3.(1)Unlighted softball field 15,400.00 4.(10)Picnic tables with grins 9,678.00 5.(0.9 mile)Jogging trail with exercise stations 30,000.00 -76,400.00 76,400.00 6.Playground 38,800.00 B.Miscellaneous 1.Landscaping 1,200.00 2.Contingency&signs 8,000.00 'Includes all construction elements Construction Cost $ Less Retainage $ TOTAL CONSTRUCTION $ 121078.00 76 400.00 76 400.00 3. LAND: $ TOTAL PROJECT COST $ 135 608.00 90 930.00 90 930.00 MATCH: $67,804.00 55 ATTACHMENT F (SEE PAGE 35 FOR SPECIFIC INSTRUCTIONS) SPREADSHEET SPREAD SHEET FOR TABULAR SUMMARY Project Name: ANY TOWN, TEXAS Project Number: 50—OOXXX Request #1 Period: 01-02-95 to 03-04-95 Check la 2A 2B1 2B2 2D Date Payee Number AXE Site Prep Water Retains a Total 01-02 James Engineering 426 300.00 - 300.00 02-08 John Doe 427 1,000.00 1000.00 02-09 Ato Z Utilities 428 600.00 800.00 1400.00 03-01 Contractor 429 J* Total Force Account 01-02 throw 4,800.00 <480.00> 4320.00 h 03-04 102.65 102.65 Totals 300.00 1,000.00 702.65 800-001 4,800.00 <480.00>1 7122.65 *Force Account: Daily Work Records for Force Account work can be consolidated on a spread sheet. The spread sheet total should be for the reimbursement request period. To facilitate the final audit and inspection the Force Account records must be tabulated on a daily basis. ATTACHMENT G (SEE PAGE 35 FOR SPECIFIC INSTRUCTIONS) BANK PAID CHECK ANY TOWN TEXAS BANK 428 19_ Pay To The Order Of Gc� $ A Dollars For. -211 W , 600.0a /�/,( �,w `" �8 a �ffoa•aa 1234123..428 1400.00 COPY OF FRONT OF PAID CHECK ANY TOWN TEXAS BANK 427 Da -d Fj' 19 9S. Pay To The Order Of $3,600•° '—Dollars For: ;2(A) .# �000.00 � 1234123..427 3500.00 $1,000.00 Grant Project#50—OOXXX $2,500.00 Utilized by City Street Department 59 ATTACHMENT H (SEE PAGE 35 FOR SPECIFIC INSTRUCTIONS) CERTIFICATION FOR GRANTS-IN-AID REIMBURSEMENT REQUEST TEXAS PARKS AND WILDLIFE DEPARTMENT CERTIFICATION FOR GRANTS-IN-AID REIMBURSEMENT REQUESTS "l certify that the attached reimbursement request for the period of 01-02-95 to 03-01 M for Project Name Anytown City Park, Project Number 50-00000 is correct and just, and is based upon actual payment(s) of record by the participant political subdivision;that payment from the State of Texas has not been received;that the work and services are in accordance with the Texas Parks and Wildlife Department/Texas Recreation and Parks Program;including amendments thereto; and that progress of the work and services under the project agreement is satisfactory and is consistent with the amount billed. I further certify that the participant political subdivision is not involved in any court litigation or lawsuits wherein it is alleged by private parties or the United States that persons were, on the grounds of race, color, religion, sex, or national origin,excluded from participation in,denied benefits of,or otherwise subject to discrimination in the outdoor recreation program or facilities of the political subdivision.' CITY OF ANY TOWN POLITICAL SUBDIVISION By SIGNATURE (Print or Type Name and Title) Date (Rev.5-91) 61 ATTACHMENT I (SEE PAGE 36 FOR SPECIFIC INSTRUCTIONS) AFFIDAVIT OF LOCAL UNIT OF GOVERNMENT AFFIDAVIT OF LOCAL UNIT OF GOVERNMENT STATE OF TEXAS § COUNTY OF § BEFORE ME, a Notary Public in and for personally appeared County, Texas, on this day whose office or title is his/her oath deposes and says: and who after having been by me duly sworn, upon That certain improvements were constructed and are complete in accordance with the original and revised plans and specifications on file for Grant Fund, Project Number That a contractor's affidavit has been obtained from the contractor stating that all buildings, facilities or improvements have been fully completed, and that all subcontractors, material vendors and labor contractors furnishing material and labor for the construction of buildings, facilities or improvements have been fully paid and that there are no disputed or unpaid labor or material claims against said buildings, facilities or improvements or the property upon which said buildings, facilities or improvements are situated; and the contractor has acknowledged the receipt of all sums of money due him/her under his/her contract with the local unit of government. The local government agrees further that it will hold the State of Texas harmless as to any claim or claims which may hereafter arise or be filed against the local unit of government in regards to the above numbered project. SWORN AND SUBSCRIBED BEFORE ME,the undersigned authority,on this day personally appeared: TYPE NAME POLITICAL SUBDIVISION (Signature of Government Official) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity stated herein. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of A.D., 19 NOTARY PUBLIC IN AND FOR CO UNTY,TEXAS (Revised 1-97) 63 SECTION 5 AFTER GRANT PROJECTS ARE COMPLETE RETENTION, OPERATION A MAINTENANCE RESPONSIBILITIES TEXAS RECREATION A PARKS ACCOONT PROGRAM RETENTION AND USE Property acquired or developed with TRPA assistance shall be retained and used for public recreation. Any property so acquired or developed shall not be wholly or partly converted to other than public recreation uses without the approval of the Department. Such approval will be given only upon conditions as the Department deems necessary to assure the substitution of other outdoor recreation properties of at least equal fair market value and of reasonably equivalent usefulness, quality, and location. An exception to the requirement for permanent public recreation use and dedication will only be made for leased TRPA assisted properties after the term of such leases expire. (See "Guidelines for Conversion of Fund Supported Properties"). A. Proposed Uses. Non-recreational uses anticipated at the time of approval, or for which a request for conversion will be made subsequent to project approval, will be subject to the conditions above. B. Existing Uses. These provisions do not apply to non-recreational uses being made of an area or facility at the time the program-assisted project is approved, when such uses are known to and approved by the Department and documented in the project proposal. CHANGES IN RECREATIONAL USES The use of property acquired or developed with program assistance may not be changed from that contemplated and approved when assistance was obtained, unless prior approval is obtained from the Department. OPERATION AND MAINTENANCE Property acquired or developed with program assistance shall be operated and maintained as follows: A. The property shall be maintained so as to appear attractive and inviting to the public. B. Sanitation and sanitary facilities shall be maintained in accordance with applicable health standards. C. Properties shall be kept reasonably safe for public use. Fire prevention, lifeguard, and similar activities should be maintained for proper public safety. D. Buildings, roads, trails, and other structures and improvements shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration and to encourage public use. It is not necessary that assisted structures/improvements be maintained in perpetuity. Once assisted improvements/structures have exceeded their estimated lifetime or thev are no longer economically feasible to operate or maintain they may be demolished renovated or redeveloped as lona as the area remains in public recreation use and prior Departmental approval is received. E. The facility shall be kept open for public use at reasonable hours and times of the year, according to the type of area or facility. AVAILABILITY TO USERS A. Non-Discrimination: Property acquired or developed with program assistance shall be open to entry and use by all persons regardless of age, race, color, religion, sex, national origin, or handicap who are otherwise eligible. Discrimination on the basis of residence, including preferential reservation or membership systems, is prohibited, except to the extent that reasonable differences in admission or'other fees may be maintained on the basis of residence. B. Reasonable Use Limitations: Participants may impose reasonable limits on the type and extent of use of the areas and facilities acquired or developed with program assistance when such a Limitation is necessary for maintenance or preservation. Thus, limitations may be imposed on the numbers of persons using an area or facility or the type of users such as hunters only or hikers only. All limitations shall be in accord with the applicable grant agreement and amendments. 65 SECTION 6 REUNURSEME NT FORMS REIMBURSEMENT FORMS PAGE I. DAILY WORK RECORD 2. WEEKLY WORK RECORD 3. EQUIPMENT LISTING 4. AFFIDAVIT OF LOCAL UNIT OF GOVERNMENT 5. CERTIFICATION OF GRANTS-IN-AID REIMBURSEMENT REQUEST 6. STATEMENT OF JUST COMPENSATION 7. STATEMENT OF DONOR NOTE Tabular summary will be furnished after execution of grant agreement. Spreadsheet is the responsibility of the sponsor. These forms are to be used by you for requesting reimbursement. Please feel free to duplicate as necessary. 67 DAILY WORK RECORD DAILY WORK RECORD Project Number Date Department Foreman or Supervisor Nature of Work or Project Element Location PERSONNEL SIGNATURE (Onlyif donated Name Hours Rate Cost PAYROLL EQUIPMENT RECAPITULATION Unit Houn/Miles Rate Cost Cost Personnel Equipment Fringe Benefits NOTE FOR EQUIPMENT: Sponsor must have cost records or use approved Department rates. Rates will be furnished by the Department upon written request. TOTAL I certify that the above named employees were on the payroll of the on the date shown and that these employees and the above listed equipment were used on Project Number Project. *Fringe benefits (FB): Method of obtaining fringe benefits must be furnished to the Department. Signature, Project Officer or Supervisor i WEEKLY WORK RECORD WEEKLY WORK RECORD Period from. Through: Project Number Nature of Work: Em to ees Hours Worked Employee Name Total Hourly S M T W T F S Hours Rates Amounts Signature (only if donated Total Fringe Benefits Total Employee Cost Equipment Hours or Miles Operated Hr/Mi Unit Description S M T W T F S Total Rates Amounts Number Assigned Total Equipmetn Cost Net Total (Employees + Equipment) I certify that the above named employees were on the payroll of on the dates shown and that these employees and the above listed equipment were used on: Project Si nature, Pro'ect Officer or Supervisor EQUIPMENT LISTING Sponsor: Project Name: Project Number: <—TPWD USE ONLY—--> Year Make/Model Descri tion Combined/Wei htCa aci de Size/H.P. Sin le/randem Track—Mounted' No.Assined Rate (Please indicate if the equipment has been purchased with local,state or federal funds) AFFIDAVIT OF LOCAL UNIT OF GOVERNMENT STATE OF TEXAS § :OUNTY OF § BEFORE ME, a Notary Public in and for personally appeared County, Texas, on this day title iswhose office or sworn, upon his/her oath deposes and says: and who after having been by me duly That certain improvements were constructed and are complete in accordance with the original and revised plans and specifications on file for Grant Fund, Project Number That a contractor's affidavit has been obtained from the contractor stating that all buildings, facilities or improvements have been fully completed, and that all subcontractors, materialmen and labor contractors furnishing material and labor for the construction of buildings, facilities or improvements have been fully paid and that there are no disputed or unpaid labor or material claims against said buildings, facilities or improvements or the property upon which said buildings, facilities or improvements are situated; and the contractor has acknowledged the receipt of all sums of money due him/her under his/her contract with the local unit of government. That a true and correct copy of the Contractor's Affidavit to Local Governmental Unit is attached hereto. The local government agrees further that it will hold the State of Texas harmless as to my claim or claims which may hereafter arise or be filed against the local unit of government in regards to the above numbered project. SWORN AND SUBSCRIBED BEFORE ME, the undersigned authority, on this day personally appeared: POLITICAL SUBDIVISION (Signature of Government Official) known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity stated herein. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of A.D. , 19 NOTARY PUBLIC IN AND FOR COUNTY, TEXAS (Rev 11-94) TEXAS PARKS AND WILDLIFE DEPARTMENT CERTIFICATION FOR GRANTS-IN-AID REIMBURSEMENT REQUESTS "I certify that the attached reimbursement request for the period of to for Project Name Project Number is correct and just, and is based upon actual payment(s) of record by the participant political subdivision; that payment from the State of Texas has not been received; that the work and services are in accordance with the Texas Parks and Wildlife Department/Texas Recreation and Parks Program; including amendments thereto; and that progress of the work and services under the project agreement is satisfactory and is consistent with the amount billed. I further certify that the participant political subdivision is not involved in any court litigation or lawsuits wherein it is alleged by private parties or the United States that persons were, on the grounds of race, color, religion, sex, or national origin, excluded from participation in, denied benefits of, or otherwise subject to discrimination in the outdoor recreation program or facilities of the political subdivision." POLITICAL SUBDIVISION By SIGNATURE ' (Print or Type Name and Title) Date (Rev. 11-94) STATEMENT OF JUST COMPENSATION Pursuant to (Authority-Political Subdivision Resolution) (Acquiring Agency) is now in the process of acquiring private property necessary for Title records indicate that you are the record owner of real property located in the State of Texas, County of more particularly described as follows: 9 Since your property is within the project area, it is necessary to acquire the property for this project. We are prepared to purchase your property subject to any existing Easements or Restrictions of record and excepting and reserving the following interest which will not be acquired and for which no value is included in our estimate of just compensation: In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, an estimate of just compensation in the amount of $ has been made for the interest to be acquired in the above described property. This amount is based upon State approved appraisals prepared for the acquiring agency and is not less than the appraiser's opinion of fair market value which he/she determined after a personal inspection of your property, at which time you or your representative were given the opportunity to accompany him/her. The appraisal takes into consideration the location of r highest and best use, current land sales of properties similar top y p rou pro, erts and other indicators of values, i .e. , p y Just compensation includes amounts for the land, improvements, severance, if any, and other elements as follows: LAND: IMPROVEMENTS: Buildings Structures DAMAGE TO THE REMAINDER: OTHER: TOTAL: S Any increase or decrease in the market valuation caused by the public improvement or project for which property is to be acquired, or by the likelihood that the project. would be acquired for such improvement or project, other than that due to physical deterioration with the reasonable control of the owner, has been disregarded in making the determination of just compensation. Signed Title (Acquiring Agency Head) Date STATEMENT OF OWNER I have been given the opportunity, or to designate a representative, to accompany the appraiser during his inspection of the property, and I understand the amount established is not less than the appraiser's opinion of fair market value. I have read and understand the conditions in this statement. Signed Date (Owner) Date (Representative of Owner) Address: STATEMENT OF DONOR I have received a copy of "Information for Landowners and Tenants about Benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Public Law 91-646" informing me of rights under this law. I understand that a State-approved appraisal , which was prepared for the acquiring agency, establishes the fair market value of $ for the entire parcel . This value was determined after a personal inspection of the property by the appraiser during which I, or my representative, was given an opportunity to accompany the appraiser. I donate the following (indicate number of acres, value, and description of donated property) . Signature of Owner or Representative Printed Name and Title Date NOTE: This statement must be completed and signed by donor when an acquisition project involves either a full or partial donation by owner. TABULAR SUMMARY PROJECT: ROUND ROCK GREATER LAKE CREEK PARK IREIMBURSEMENT REQUEST NO. PROJECT NUMBER: 50-00348 PERIOD COVERED: COMPLETED COMPLETED TOTAL 1. PROFESSIONAL SERVICES ESTIMATE LAST REQUEST THIS PERIOD COMPLETE $ 0.00 2. CONSTRUCTION ELEMENTS A. Recreational Facilities 1. Hike/bike trail(0.71 mi. x 8') 113,000.00 2. Nature trail(.27-mi, x 5') 12,000.00 3. Pavilion 40,000.00 4. Multi-use playfield renovation 10,000.00 5. Playscapes(2) 55,000.00 6. Picnic shelter with 6 tables 16,000.00. 7. Benches(10) 6,000.00 8. Educational/interpretive signs 10,000.00 9. Xeriscape/com m unity garden 10,000.00 10. Lighted skate park 115,000.00 11. Bird viewing areas 5,000.00 12. Lighted hockey/basketball courts(2) 52,000.00 13. Dog park 10,000.00 14. Lighted sand volleyball court 5,000.00 15. Fishing nooks(2) 20,000.00 16. Wetlands/aquatic garden 19,000.00 17. Practice soccer/open playfield 1,000.00 B. Miscellaneous 1. Program signs 1,000.00 Construction Cost $ 500,000.00 Less Retainage $ 0.00 TOTAL CONSTRUCTION $ 500,000.00 3. LAND: 35.37 acres(donation) $ 500,000.00 (27.9-ac. open space dedication) TOTAL PROJECT COST $ 1,000,000.00 MATCH: $500,000.00 Instructions For Approved Projects Texas Recreation Parks Acco n t Program September 1994 ACCESSIBLE ROUTES 1. General: A continuous unobstructed path connecting all accessible elements and spaces of a building or facility. NOTE: Accessible routes may be across grass. 2. Width: The minimum clear width shall be 36 inches. If the clear width is less than 60 inches, then , passing spaces at least 60 inches by 60 inches shall be located at reasonable intervals not to exceed 200 feet. 3. Surface: Walk finishes and materials shall provide a surface that is firm, stable, and slip-resistant. Soft or loose surface materials such as sand, gravel, bark, mulch or wood chips are not suitable. Cobblestone and other irregular surfaces having a texture that constitutes an obstacle or hazard are not acceptable. 4. Changes in Level: Walks shall have a continuous common surface not interrupted by steps or abrupt changes in level. Level changes between 1/4 inch and 1/2 inch shall be beveled. Changes in level greater than 1/2 inch shall be accomplished by means of a ramp. 5. Slope: Walks or portions of walks exceeding a slope of 1:20 (5%) shall be classified as ramps and shall comply with the Section on Ramps. Cross slopes shall not exceed 1:50 (2%) . 6. Obstructions: Extreme care shall 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. b. An overhead clearance (headroom) of at least 80 inches must be provided the entire length and width of a walkway. 7. Walks at Entries: Walks terminating at accessible building entries shall have landings complying with the applicable standards and specifications. S. Gratings: If gratings are located along accessible routes, they shall have spaces no greater than 1/2 inch wide in one direction. Elongated openings shall be placed so that the long dimension is perpendicular to the dominant direction of travel. 3 PARKING AND PASSENGER LOADING ZONES 1. Number of Spaces: 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: Minimum. Number of Total Parking Spaces Available Accessible Spaces 1 - 25 1 26 - 50 2 51 - 75 3 76 - 100 4 2. Location: Accessible parking spaces and accessible passenger loading zones that serve a particular facility should be located on an accessible circulation route and as near as possible to the accessible primary entries of the building or facility. Accessible parking spaces should never be located further than 250 feet from accessible entrances. 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 wheel chairs, 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 or in traffic lanes. a. Head-in or diagonal spaces shall be at least 96 inches-wide with an adjacent aisle or clear space of at least 60 inches wide. A common aisle between two 96 inch wide spaces may be shared. See Figure 9. b. One in every eight accessible spaces, but not less than one, shall be served by an access aisle 96 inches wide minimum and shall be designated "van accessible". c. 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. d. Parked vehicle overhangs shall not intrude into or reduce the clearance of accessible routes. . e. Parking surfaces and accessible aisles shall not have a slope in any direction in excess of 1:50 (2%) . 4 f. Each accessible parking space shall be identified as reserved by a vertically mounted sign showing the symbol of accessibility. Appropriate spaces shall have an additional sign "van-accessible" mounted below the symbol of accessibility. Characters and symbols shall be located 60 inches minimum above the ground 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. CURB RAMPB 1. General: Curb ramps shall be provided wherever an accessible route crosses a curb. 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. b. Slope: New curb ramps shall not exceed a slope of 1:12 (8.33$) . If it is technically infeasible because of space limitations, a variance must be requested. c. Sloped surfaces shall have a slip-resistant texture or finish. Textures may consist of exposed crushed stone aggregate, roughened concrete, rubber, raised abrasive strips, or grooves. Surfaces that are raised, etched or grooved in such a manner that permits water accumulation are prohibited. d. For purposes of warning, the full width and depth of curb ramps shall have a light reflective value and texture that significantly contrasts with that of adjoining pedestrian routes. e. The minimum width of a curb ramp shall be 36 inches, exclusive of flared sides. See Figure 13. f. Curb ramps intersecting with pedestrian walks shall have flared sides. The maximum allowable slope of the flare shall be 1:10 (10%) . See Figure 12. 5 RAMPS 1. General: 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. 2. Slope and Rise: The least possible slope shall be used for any ramp. The maximum slope of a ramp in new construction shall be 1: 12 (8.33%) . The maximum rise for any run shall be 30 inches. 3. Width: The minimum clear width of a ramp 30 feet or less in length shall be 36 inches. Ramps more than 30 feet in length shall have a minimum clear width of 44 inches. 4. 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 clear. c. There shall be a level landing of at least 60 X 60 inches wherever ramps change directions. 5. Handrails: If a ramp has a rise greater than 6 inches or a horizontal projection greater than 72 inches, then it shall have handrails on both sides. Handrails 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. Handrails shall extend at least 12 inches beyond the top and bottom of the ramp segment and shall be parallel with the floor or ground surface. c. Handrails that are wall-mounted or are located adjacent to another surface or object, shall have a clear space between the rail and wall surface or object of at least 1 1/2 inches. d. Handrail gripping surfaces shall be continuous without interruption by mounting brackets, mullions, or newel posts. e. Top of handrail gripping surfaces shall be mounted between 34 inches and 38 inches above the ramp surface. 6 f. The diameter or width of the gripping surface of handrails shall be 1 1/4 inches to 1 1/2 inches or shaped to provide an equivalent gripping surface. Handrails shall not rotate in their mountings. 6. 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 stripes, 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 (2%) . 7. 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 high. TOILET ROOMS 1. General: When toilet facilities are provided, then each public and common use toilet room shall be on an accessible route and shall comply with this Section. NOTE: When facilities are intended for use by various age . groups, and have no characteristics that reflect a predominant group, mounting heights shall consider the convenience of that fixture to the various age groups. 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 60 inches in diameter 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 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 Figure 30(a) . Exception: In instances of alteration work where provision of a standard stall is impracticable, an alternate stall may be provided in lieu of the standard stall shown in Figure 30(b) . c. have a toe clearance of no less than 9 inches under the front partition and at least one side partition. If the depth of the stall is greater than 60 inches then a toe clearance is not required. 8 d. If doors are provided, they shall be out-swinging 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. 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 30(c) & (d) . Bars may 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 comply as follows: (1) The outside diameter of the gripping surface shall be 1 1/4 inch to 1 1/2 inch. (2) 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. (3) The structural strength of grab bars, their fasteners, and mounting devices shall be such that they can support at least 250 lbf. (4) Primary grab bars shall be mounted so that they are horizontal to the floor at heights of 33 to 36 inches 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. (5) have water closets complying with item 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 30(d) 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 28. Clear floor space may be arranged to allow either a left-handed or right-handed approach. 9 b. Height: The height of accessible water closets shall be 17 to 19 inches 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 or automatic and shall be mounted on the wide side of the toilet area no more than 44 inches nor less than 28 inches above the floor. 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. a. Height: Urinals shall be stall-type, or wall-hung with a tapered elongated rim mounted at a maximum of 17 inches above the finish floor. A tapered elongated rim is one that narrows toward the front to allow a wheelchair user to straddle the basin and which extends at least 14 inches from the vertical surface on which the fixture is mounted. b. Clear Floor Space: A' clear floor area of at least 30 X 48 inches shall be provided in front of urinals to allow a forward approach. c. Flush Controls: Flush controls shall be hand-operated or automatic and shall be mounted on the wide side of the toilet area no more than 44 inches and no less than 28 inches above the floor. 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 (b) below. a. Frontal approach accessibility shall be achieved by complying with the height and space requirement shown in Figures 31 & 32. b. Side approach accessibility can be achieved by complying with the height and space requirements shown in Figure 33 . 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. 10 d. Faucet controls and other operating devices relative to the use of lavatories shall be within the reach limitations prescribed in Figure 31. 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. S. 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 from the floor. They shall be mounted on an accessible route at a location consistent with that of other mirrors in the same restroom. Mirrors intended for both ambulatory people and wheelchair users must be at least 74 inches high at their topmost .edge. See Figure 31. 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: (1) be no higher than 48 inches above the floor for frontal approach and 54 inches maximum for side approach. A minimum height of 28 inches is recommended. (2) 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. 9. Shower Stall: If shower stalls are provided, they shall comply with this paragraph. a. Size and Clearances: Shower stall size and clear floor space shall comply with Figure 35. b. Seat: A seat shall be provided in shower stalls that are less than 48 inches wide. The seat shall be mounted 17 inches to 19 inches above the floor. The seat shall be on the wall opposite the controls and may be folding or removable but may not be free-standing as shown in Figure 36. 11 c. Grab Bars: Grab bars shall be installed as shown in Figure 37. d. Shower Spray Unit: A shower spray unit with a hose at least 60 inches long that can be used both as a fixed shower head and as a hand-held shower shall be provided. NOTE: In unmonitored facilities where vandalism is a consideration, a fixed shower head mounted between 48 inches and 54 inches above the floor may be used in lieu of a hand-held spray unit. DRINKING FOUNTAINS AND WATER COOLERS 1. General: . If drinking fountains or water coolers are provided, an appropriate number but never less that 50% of those provided shall be on an accessible route and shall comply with the standards and specifications of this section. NOTE: If drinking fountains are provided, then at least one shall be accessible for individuals who use a wheelchair and for those who have difficulty bending over. This can be accommodated by the use of a "hi-lo" fountain. 2. Appropriate Number: A minimum of 50% of the total number of units located within a building or facility shall be considered appropriate provided they are strategically located throughout 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. There should not be more than 250 feet between accessible units. 3. 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, 27 inches high, 30 inches wide, and 17 to 19 inches deep. Such units shall also have a minimum clear space of 30 X 48 inches to allow a person in a wheelchair to approach the unit facing forward. 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 (minimum 30 X 48 inches) to allow a person in a wheelchair to make a parallel approach to the Unit. 12 4. Spouts: Accessible drinking units shall have up-front spout outlets no higher than 36 inches measured from the floor as shown in Figure 27. 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 high so that . a cup or glass may be inserted under the flow of water. 5. Controls: Controls shall be located at or near the front edge no higher than 36 inches nor lower than 28 inches 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 lbf. SIGNAGE 1. General: 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. 2. 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 using an upper case "X" for measurement. 3 . Color Contrast: The characters and background of signs shall be eggshell, matte, or other non-glare finish. Characters and symbols shall contrast with their background -- either light characters on a dark background or dark characters on a light background. 4 . Raised and Braille Characters or Symbols: Letters and numerals shall be raised at least - 1/32 inches, upper case and shall be accompanied with Grade 2 Braille. Raised characters shall be at least 5/8 inches high, but no higher than 2 inches. Pictograms symbols shall be accompanied by the equivalent verbal description placed directly below the pictogram. The border dimension of the pictogram shall be 6 inches minimum in height. 5. Mounting Height and Location: Room identification signs shall be mounted on the wall surface on the latch side of doors. Mounting height shall be 60 inches above the finished floor to the centerline of the sign. 13 TELEPHONE 1. General: If public telephones are provided, at least one in each bank shall be accessible. 2. Clear Floor Space: Clear floor space at each accessible public telephone shall be at least 30 inches by 48 inches. 3. Mounting Height: The highest operable parts shall be a maximum of 54 inches for parallel approach and 48 inches for frontal approach. 4. Controls: Accessible telephones should have push button controls where service for such equipment is available. ASSEMBLY AREAS 1. General: An assembly area is a space accommodating a group of individuals for recreational, or amusement purposes. 2. Number of Wheelchair Spaces: The appropriate number of spaces should be based on the location and function served but never less than the number specified below: Capacity of Seating Wheelchair Spaces 4 - 25 1 26 - 50 2 51 - 300 4 3. Placement of Wheelchair Locations: Wheelchair areas shall be an integral part of any fixed seating plan and shall be dispersed to provide lines of sight comparable to those of others. At least one companion fixed seat shall be provided next to each wheelchair seating space. 14 GRANTS-IN-AID PROGRAM STANDARDS FOR FACILITIES USABLE BY PHYSICALLY HANDICAPPED (Revised 3-95) The attached standards and illustrations are extracted from standards established by the Texas Department of Licensing and Regulation. 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 Elimination of Architectural Barriers Program, Texas Department of Licensing and Regulation, P. O.- Box 12157, Austin, Texas 78711. Phone 512/463- 3211. For questions or clarification of these standards as they relate to the grant program, please contact Grants-In-Aid Program staff engineer, 512/912-7112. 288 min 36 min 7315 Vs e .e Cto •r lei .cc.ssible routs a ......••••..................................... ............................ 0 0 0 0 0 �� 0 0 0 0 0 poo 198 min 60 min or 96 min for VANS_ 2440 1 1 1525 2440 252 min 6400 W Fig. 9 Dimensions of Parking Spaces E 240 min 6100 to ..................................... mss.:... ...... :. ......: i� ' �r.:�i►s'':.211i�O.:wsn:r�r•i�:.rs�aiS�iari�:i�si Fig. 10 Access Aisle at Passenger Loading Zones $love a Y:X where X is a level plane X Adjoining slope shall Y not exceed 1:20 Adjoing elope ehW not exceed 1:?.o walk Wast Fig. 11 Measurement of Curb Ramp Slopes \ planting or other non-walking surface ••..rte. flared side ' 10 (b) Flared Sides Returned Curbs If X is lose than 48 in. then the slope of the flared side shail not exceed 1:12. Fig. 12 Sides of Curb Ramps 36��n • 0 Fig. 13 Built-Up Curb Ramp i 17-19 430.485 48 min tzzo j j 17•i 9 4a0."S . .....4......... C 0 E � Emca°1 r` .o C t7 N ' .•................ 8 min 6 max 24 max 205 150 610 NOTE egwpment pefftned in shaded are@ (b) (a) Clear Floor Space Spout Height and Knee Clearance 30 min 30 min not to exceed 760 760 fountain depth ................ C C,� .E.� o E o H � h • Q • a : • H...iu.•......•... ........•...••.••. (c) (di res-Standing fountain or Cooler Built-In Fountain or Cooler Fig. 27 Drinking Fountains and Water Coolers 36 min 915 18 36 min 18 min 915 is 455 455 18 min 42 min 18 465 T 465 1065 455 lav; = t iFee • io : E � O • ' � C O • W ! � : _ E : clearm u� dear door floor floor s floor space space r opeee se4AN., 48 min 48 min 60 min 120 1220 1525 Fig. 28 Clear Floor Space at Water Closets 36 min 54 min 915 1370 12 mini 12 min 12 42 min 305 I 305 305 1065 toilet paper I Mich �?EMio 0) Moof st cri M., (a) (b) Back Wall F9. 29 Side Wall Grab Bars at Water Closets 4 max, 32 min i 36 min 10 _ 815 alternate 'r6 door location IT X1 W W �a�p Fi E'^ E:°�Im e E ��0 E ka ko � dml� floor I �p Q i 12 max I lit 73-OT Tm 52 min 1320 56 min w wail mounted w.c. 1420 56 min I W well mounted w.c. 4 42 min latch 59 min w.fir. mounted w.c. 59 min w.fir. mounted w.c. approach only, 1500 1500 other approaches 48 min la) (8.1) Standard Stall Standard Stall lend of rowl 42 min 02 max 1065 1305 36 min !15 E: � I ' erim mr' ,Q I �� 12 max ' in 0 305 I � 54 min 1370 42 min 66 min W.well mounted w.e. (C) 1065 1675 Rear Wall of Standard Stall 69 min w.fir.mounted w.c. 1745 �--akernata 12 max 1 40(42) mini EI 306 11015!10651 elm m X36 max.i rr ;61 cc. I 1 e r toilet paper 42 rnin latch I w C approach only, 12 maxCn e E other approaches 305 as • Cn ra 48 nvn C r 54 min its 1370 (b) (d) Alternate Stalls Side Walls Fig. 30 Toilet Stalls 17 min 430 I G dau ' rlnx x E o floor G C G a w 01% • wage- a ^ roco to p ° ' N C4 ^ ' 18 max MISS L16max toe 8 min 150 elaarancs 48 min rancs 205 1270 17 min dapth 430 NO Tc 89u;:J-RntPermitted in shaded area Fig. 31 Fig. 32 Lavatory Clearances Clear Floor Space at Lavatories =-- - -----------��• 24 30 1 j E •, � fir: L-- - -----------� IjV 20 max 60 min Fig. 33 Clear Floor Space at Lavatories 36 27 max 915 685 beck 3 t�7 as O • t7 C � o , C : S C lav 1 E deal •E :-----� CAW eD A to °� floor t7 S JAoor space = Space 60 min 48 min 1525 1220 NOTE floor surface in staff$hog not slope in excess of 1:50 in my dlnedan (a) (b) by 36-in 30-in by 60-in m by 915-mm)Stall (760-mm by 1525-mm)Stail Fig. 35 Shower Size and Clearances 23 max I 682 X Inx EEij;° x 1 '/2 max 38 16 max 405 Fig. 36 Shower Seat Design- 1a 455 control 18 area .. 18 X a, mIn —"�pw mU � q EN e;� w tee, E0 ao— � qr �� e e ■ seat well back control wall (a) 36-in by 36-in (915-mm by 915-mm)Stall 27 max Gas control eras X ,o c E ro — tea, F. "a m�� X10 sed• / back(lonpl side NOTE:Shower head and control area may be on back(long) wall(as shown)or on either aide wall. (b) 30-in by 60-in (760-mm by 1525-mm)Stail Fig. 37 Grab Bars at Shower Stalls 30 1 42 60 1055 er o� accessible path of travel ,48 i1220 Wr 010 Ln I • • : • •P003 2 *, C • • : � • 30 30 36, 19 19 3150•• 760 760 16 4!5 486 !1 Fig. 45 Minimum Clearance for Seating and Tables ENVIRONMENTAL ADDENDUM Project Name/Number: ROUND ROCK GREATER LAKE CREEK PARK; PROJECT#50-00341 PURSUANT TO REQUIREMENTS OF THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (Public Law 91-190) AND THE ENDANGERED SPECIES ACT OF 1973, AS AMENDED (Public Law 93-205), THIS ADDENDUM IS HEREBY INCORPORATED INTO THE GRANT AGREEMENT. THE POLITICAL SUBDIVISION (SPONSOR) IS HEREBY ADVISED THAT BASED ON THE PROJECT DESCRIPTION AND WHEN SUITABLE HABITAT IS PRESENT, THE FOLLOWING SPECIES COULD POTENTIALLY BE IMPACTED BY THE PROPOSED PROJECT. SITE LOCATION AND SUBSEQUENT DEVELOPMENT SHALL BE SENSITIVE AND CLOSELY MONITORED FOR OCCURENCES OF THE FOLLOWING FEDERAL AND STATE LISTED SPECIES: Species of Concern Jollyville Salamander(Eurycea tonkawae) Special Features Colonial Waterbird Rookeries Occurrences of the Jollyville Salamander and a Colonial Waterbird Rookery have been documented within 1 mile of the project site and in the project area, respectively. TPWD recommends identifying the locations of any current rookeries and modifying the project amenities to maintain an adequate buffer around or avoid these features. TPWD further recommends clearing activities are excluded during the primary breeding season for bird species, March through August,and construction be coordinated to not harass nesting and roosting colonies. The application indicated domesticated grasses would be used in improved areas. TPWD recommends the City consider using only native species throughout this park system. Its close proximity to the creek provides an additional avenue for invasive nonnative species to spread and overtake native plant species, which can reduce the quality of the riparian corridor for native fauna. Clean u and re-vegetation activities along this section of Brushy Creek should ultimately benefit the above species, providing that the temporary short term construction and clean up activities are not conducted in a manner that will adversely impact the fauna. TPWD would appreciate notification and access to the area should the Jollyville Salamander, spring features potentially supporting this species,or a Colonial Waterbird Rookery be observed on site. I have read this addendum and understand that the political subdivision (sponsor) which I represent will be responsible for compliance with the above as a result of receiving grant assistance from the Texas Parks & Wildlife Department. It is also understood that the Environmental Addendum is a part of the Grant Agreement. Signature of Official Authorized in Resolution Date The Honorable Nyle Maxwell, Mayor of Round Rock Please Type Name and Title NATURAL RESOURCE REVIEW General Comments Trails along creek banks and lake shores should be set back far enough that they do not cause or exacerbate erosion of the banks,either from construction activities or long-term use. Pedestrian creek crossovers should be located in areas where vegetation removal or disturbance can be avoided or minimized. The crossovers should span the entire creek channel with the headwalls at or above the top of the bank in order to avoid destabilizing the bed and banks. Impervious vehicular and pedestrian use areas such as roads,walking tracks and parking areas should not impede natural surface water drainage. Stormwater runoff should be treated before discharging into nearby waterways by directing runoff into vegetated swales,retention or detention ponds,or similar pre-treatment areas. Landscaping and revegetation plans should incorporate native plants,including grasses, whenever possible. Locally adapted natives can increase survival and reduce maintenance and watering needs while providing benefits to wildlife. Mowing only essential use areas will allow native grasses to prosper,generally without additional irrigation. Maintenance activities should be reduced as much as feasible in all areas except sport fields and playgrounds,and restricted to after seed-set(late fall) to promote reseeding and increased wildlife value. Enhancement of existing native grasses or prairie remnants can be assisted by limiting mowing practices and reseeding exposed areas with native grasses and forbs. After all,as many communities are learning,access to wildlife for casual recreation is not only a valued public benefit itself,but also a potential boost to the local economy. Disturbance of native vegetation should be avoided or minimized during land alteration activities by using site planning and construction techniques designed to preserve existing native tree,shrubs,grasses and forbs,aquatic and wetland systems. Should any losses be deemed unavoidable,it is recommended that native plant and forage species be used in mitigation and landscaped areas that are beneficial to fish and wildlife endemic to the area. Also,where possible,clearing of understory vegetation should be minim;zed because it provides habitat to small mammals and birds. Natural buffers contiguous to wetlands and aquatic systems should remain undisturbed,to preserve wildlife cover,food sources,and travel corridors. Soil erosion and siltation should be minimized using haybales,silt screens,or similar soil erosion prevention techniques. In order to enhance the stabilization of exposed soils,newly graded areas should be seeded or sodded with native grasses,while graded embankments should not exceed a 4:1 slope. OUTDOOR RECREATION GRANT PROGRAM CULTURAL RESOURCE SURVEY GUIDELINES If your project is selected for award of grant funds, a copy of your application will be forwarded to the Texas Historical Commission(THC) for review. A determination will then be made by the THC whether or not the project warrants further cultural resource management investigations. If a cultural resource survey or other studies are required, you will be notified by the Department to enlist a certified cultural resource professional for this task. General information on the cultural resource management process may be found at the THC website: www.the.state.tx.us/crm/crmdefault.html. To find a cultural resource professional, check the yellow pages of your phone book under"Archaeologists"or"Environmental Consultants". You may also go to the Council of Texas Archeologists website at www.c-tx-arch.ora to view a listing of potential candidates for the study under the "Contractors List" section of this site. A report of the survey or other investigations will be prepared by the contractor and submitted to the THC for review. Upon approval of the findings and recommendations of the consultant, the THC will issue a stamped statement of concurrence with the report. A copy of this THC review statement must be forwarded to the Department before notice to proceed with construction will be given for your project. PARKS & Notes for County Lists of Texas' Special Species The Texas Parks and Wildlife (TPWD) county lists include: Vertebrates,Invertebrates, and Vascular Plants on the special species lists of the Texas Biological and Conservation Data System. These special species lists are comprised of all species, subspecies, and varieties that are federally listed; proposed to be federally listed; have federal candidate status; are state listed; or carry a global conservation status.indicating a species is imperiled, very rare, or vulnerable to extirpation. Colonial Waterbird Nesting Areas and Migratory Songbird Fallout Areas are contained on the county lists for coastal counties only. The TPWD county lists exclude: Natural Plant Communities such as Little Bluestem-Indiangrass Series (native prairie remnant), Water Oak-Willow Oak Series(bottomland hardwood community), Saltgrass-Cordgrass Series (salt or brackish marsh), Sphagnum-Beakrush Series (seepage bog). Other Significant Features such as non-coastal bird rookeries,migratory bird information, bat roosts, bat caves, invertebrate caves, and prairie,dog towns. These lists will never be all inclusive for all rare species distributions. In order to keep the lists to a reasonable length,historic ranges for some state extirpated species, full historic distributions for some extant species, accidentals and irregularly appearing species, and portions of migratory routes for particular species are not included. The revised date on each county list reflects the last date any changes or revisions were made for that county and reflects current listing statuses and taxonomy. Species that appear on county lists do not all share the same probability of occurrence within a county. Some species are migrants or wintering residents only. Additionally, a few species may be historic or considered extirpated within a county. Species considered extirpated within the state are so flagged on each list. This information is for your assistance only; due to continuing data updates, please do not reprint or redistribute the information, instead refer all requesters to our office to obtain the most current information available. Last Revised Date: 21 Nov 2003 l 1 The Texas Biological and Conservation Data System The Texas Biological and Conservation Data System(TXBCD), established in 1983, is the Department's most comprehensive source of information on rare, threatened, and endangered plants and animals, exemplary natural communities, and other significant features. Though it is not all- inclusive, the TXBCD is constantly updated,providing current or additional information on statewide status and locations of these unique elements of natural diversity. The TXBCD gathers biological information from museum and herbarium collection records, peer reviewed publications, experts in the scientific community, organizations, qualified individuals, and j on-site field surveys conducted by TPWD staff on public lands or private lands with written 3 permission. TPWD staff botanists, zoologists, and ecologists perform field surveys to locate and verify specific occurrences of high-priority biological elements and collect accurate information on their condition, quality, and management needs. The TXBCD can be used to help evaluate the environmental impacts of routing and siting options for development projects. It also assists in impact assessment, environmental review, and permit review. Given the small proportion of public versus private land in Texas,the TXBCD does not include a representative inventory of rare resources in the state. Although it is based on the best data available to TPWD regarding rare species, these data cannot provide a definitive statement as to the presence, absence, or condition of special species, natural communities, or other significant . features in any area. Nor can these data substitute for on-site evaluation by qualified biologists. The TXBCD information is intended to assist the user in avoiding harm to species that may occur. Please use the following citation to credit the TXBCD as the source for this county level information: Texas Biological and Conservation Data System. Texas Parks and Wildlife, Wildlife Diversity Branch. County Lists of Texas' Special Species. [county name(s) and revised date(s)]. For information on obtaining a project review form or a site-specific review of a project area for rare species, and for updated county lists,please call(512) 912-7011. i Last Revised Date: 21 Nov 2003 TEXAS PARKS & WILDLIFE DEPARTMENT Wildlife Division,Wildlife Habitat Assessment Program Rare Resources Review General Comments Please review the entire county list as rare species could be present depending upon suitable habitat availability. If during construction, the project area is found to contain rare species, natural plant communities, or special features, TPWD recommends that precautions be taken to avoid impacts to them. Given the small proportion of public versus private land in Texas, the TPWD Biological and Conservation Data System (BCD) does not include a representative inventory of rare resources in the state. Although it is based on the best data available to TPWD regarding rare species, the data from the BCD do not provide a definitive statement as to the presence, absence, or condition of special species, natural communities, or other significant features within your project area. These data cannot substitute for an on-site evaluation by your qualified biologists. The BCD information is intended to assist you in avoiding harm to species that may occur on your site. Excluding clearing and construction activities during the breeding season for migratory bird species will help minimize impacts to this group. The Migratory Bird Treaty Act (MBTA) implicitly prohibits intentional and unintentional take of migratory birds, including their nests and eggs, except when authorized through a permit issued by the U.S. Fish and Wildlife Service (FWS). Additional information regarding the MBTA may be obtained through the Southwest Regional Office (Region 2) Division of Migratory Birds, FWS, at (505) 248-7882. ` K, Texas Parks &Wildlife �� C•�_�.�`.��'1 ��("z��S � ��d � C��t,-4U'�.a.Ke Last Revision: 15 Jan 2004 Annotated County Lists of Rare Species Page 1 of 2 WILLIAMSON COUNTY Federal State Status Status ***AMPHIBIANS Georgetown Salamander(Eurycea nauf agia) - endemic;known from springs and C1 waters in and around town of Georgetown in Williamson County Jollyville Plateau Salamander(Eurycea tonkawae) - known from springs and waters of some caves of Travis and Williamson counties north of the Colorado River ***ARACHNIDS-'1** Bone Cave Harvestman(Texella reyest) - small,blind,cave-adapted harvestman LE endemic to a few caves in Travis and Williamson counties *** BIRDS *** American Peregrine Falcon (Falco peregrinus anatum) - potential migrant;nests in DL E west Texas Arctic Peregrine Falcon(Falco peregrinus tundrius) - potential migrant DL T Bald Eagle (Haliaeetus leucocephalus) - found primarily near seacoasts,rivers,and LT T large lakes;nests in tall trees or on cliffs near water,communally roosts,especially PDL in winter,hunts live prey,scavenges, and pirates food from other birds Black-capped Vireo(Vireo allcapillus) - oak-juniper woodlands with distinctive LE E patchy,two-layered aspect;shrub and tree layer with open,grassy spaces; requires foliage reaching to ground level for nesting cover,return to same territory,or one nearby,year after year,deciduous and broad-leaved shrubs and trees provide insects for feeding;species composition less important than presence of adequate broad-leaved shrubs,foliage to ground level,and required structure;nesting season March-late summer Golden-cheeked Warbler(Dendroica chrysoparia) -juniper-oak woodlands; LE E dependent on Ashe juniper(also known as cedar) for long fine bark strips,only available from mature trees,used in nest construction;nests are placed in various trees other than Ashe juniper,only a few mature junipers or nearby cedar brakes can provide the necessary nest material;forage for insects in broad-leaved trees and shrubs;nesting late March early summer Henslow's Sparrow(Ammodramus henslowit) -wintering individuals (not flocks) found in weedy fields or cut-over areas where lots of bunch grasses occur along with vines and brambles;a key component is bare ground for running/walking; likely to occur, but few records within this county Mountain Plover(Charadrius montanus) - breeding:nests on high plains or shortgrass prairie,on ground in shallow depression;nonbreeding:shortgrass plains and bare, dirt (plowed) fields;primarily insectivorous Whooping Crane (Gros americana) - potential migrant;winters in and around Aransas LE E National Wildlife Refuge and migrates to Canadaa for breeding;only remaining natural breeding population of this species ***FISHESei-** Guadalupe Bass (Micropterus trecult) - introduced in Nueces River system;endemic to perennial streams of the Edwards Plateau region ***INSECTS*** Tooth Cave Ground Beetle (Rhadine persephone) - resident,small,cave-adapted LE beetle found in small Edwards limestone caves in Travis and Williamson counties Texas Parks &Wildlife Last Revision: 15 Jan 2004 Annotated County Lasts of Rare Species Page 2 of 2 WILLIAMSON COUNTY, cont'd Federal State Status Status Coffin Cave Mold Beetle (Batrisodes texanus) - resident,small,cave-adapted beetle LE found in small Edwards limestone caves in Travis and Williamson counties ***MAMMALS *** Cave Myotis Bat(Myotic w fifer) - roosts colonially in caves,rock crevices,old buildings,carports,under bridges,and even in abandoned diff Swallow (Paruididen p)"i" ra) nests;roosts in clusters of up to thousands of individuals; hibernates in limestone caves of Edwards Plateau and gypsum caves of Panhandle during winter,opportunistic insectivore Plains Spotted Skunk(Spilogale putorius interrupta) - catholic in habitat;open fields, prairies,croplands,fence rows,farmyards,forest edges,and woodlands;prefers wooded,brushy areas and tallgrass prairie ***REPTILES Spot-tailed Earless Lizard(Holbrookia lacerata) - central&southern Texas & adjacent Mexico;moderately open prairie-brushland;fairly flat areas free of vegetation or other obstructions,including disturbed areas;eats small invertebrates;eggs laid underground Texas Garter Snake (Thamnophis sirtalis annectens) - wet or moist microhabitats are conducive to the species occurrence,but is not necessarily restricted to them; hibernates underground or in or under surface cover,breeds March-August Texas Horned Lizard(Phrynosoma cornutum) - open,and and semi-arid regions T with sparse vegetation,including grass,cactus,scattered brush or scrubby trees; soil may vary in texture from sandy to rocky,burrows into soil,enters rodent burrows,or hides under rock when inactive;breeds March-September Timber/Canebrake Rattlesnake (Crotalus horridus) - swamps,floodplains,upland T pine and deciduous woodlands,riparian zones,abandoned farmland;limestone bluffs,sandy soil or black clay;prefers dense ground cover,i.e. grapevines or palmetto *,**VASCULAR PLANTS Texabama croton(Croton alabamensis var. texensis) - mostlydeciduous or evergreen deciduous woodlands in duff-covered loamy clay soils on rocky slopes in comparatively mesic limestone ravines,often locally abundant on deeper soils on small terraces in canyon bottoms;flowering late February-March;fruit maturing and dehiscing by early June Status Key. LE,LT - Federally Listed Endangered/Threatened PE,PT - Federally Proposed Endangered/Threatened E/SA,VSA - Federally Listed Endangered/Threatened by Similarity of Appearance C1 - Federal Candidate for Listing,Category 1;information supports proposing to list as Endangered/Threatened DL,PDL - Federally Delisted/Proposed for Delisting NL - Not Federally Listed E,T - State Listed Endangered/Threatened "blank," - Rare,but with no regulatory listing status Species appearing on these lists do not all share the same probability of occurrence. Some species are migrants or zvinte±n residents onl ,or may be historic or considered ext' ated. DATE: October 7, 2005 SUBJECT: City Council Meeting - October 13, 2005 ITEM: 10.A.2. Consider a resolution authorizing the Mayor to execute a grant agreement with the Texas Parks & Wildlife Department for an outdoor recreation grant for the Greater Lake Creek Park. Department: Parks and Recreation Department Staff Person: Rick Atkins, Parks and Recreation Director Justification: Funding necessary to complete this project. Funding: $930,000 Cost: N/A Source of funds: General CIP and TPWD and LCRA Grants Outside Resources: N/A Background Information: The Greater Lake Creek Park Project involves three existing park properties and several parcels of land that the City already has or will acquire through the platting process of new neighborhoods. Clay Madsen Park, Greenlawn Park, and Lake Creek Park will all receive improvements in the form of new development and/or renovations. These three parks will also be connected with a hike & bike trail. Also included in this project will be the City's first skate park, dog park, and inline hockey facility. This project is partially funded by a Texas Parks and Wildlife Dept. (TPWD) Grant. The City also has an application in for a Grant from the Lower Colorado River Authority (LCRA). Public Comment: The Parks and Recreation department has received several petitions and numerous requests over the past three years for a dog park and a skate park. Also, several public hearings associated with the Grant applications were held.