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Home My WebLink AboutPR 14611: TX PARKS & WILDLIFE OUTDOOR GRANTCTI'YOFPORTARTHUR Parks and Recreation Melnrnandutn To: Stephen B. Fitzgibbons, City Manager From: Dr. Albert T. Thigpen, Interim Director of Parks & Recreation Date: March 18, 2008 Re: Adoption of Proposed Resolution 1V"o. 14611 accepting a Texas Parks and Wildlife Department Outdoor Grant COMMENT RECOMMENDATION: I recommend that the City Council adopt Proposed Resolution No. 14611, accepting Texas Parks and Wildlife Department Outdoor grant in the amount of $400,000.00. BACKGROUND: The City of Port Arthur applied for a grant from the Texas Pazks and Wildlife Department to promote the on-going provision of a positive; enriching and healthy "quality of life" environment for the citizens of Port Arthur. The City of Port Arthur was one (1) of only ten (10) recipients statewide to receive a Texas Parks and Wildlife Department Outdoor Grant and the only city to receive an Outdoor and Indoor Grant. BUDGETARY/FISCAL EFFECT: The City of Port Arthur has matching funds for the grant. The matching funds are available via EDC funds in the amount of $400;000.00. EMPLOYEE/STAFF EFFECT: None SUMMARY: I recommend that the City Council adopt Proposed Resolution No. 14611, accepting Texas Parks and Wildlife Department Outdoor grant in the amount of $400;000.00. Commission Agenda Item No. 3 Presenter: Tim Hogsett Action Outdoor Recreation Grant Funding January 24, 2008 I. Executive Summary: Outdoor Recreation Grants aze made available fi-om the Texas Recreation and Parks Account and the Land and Water Conservation Fund (LWCF) to Texas local governments for the acquisition and/or development ofoutdoor recreation sites.. As of July 31, 2007 TPWD received 19 eligible applications requesting $6,214,147 in matching fitnd assistance. Staff is recommending support often projects in the amount of$3,784,898. II. Discussion: The Texas. Recreation and Parks Account Program (TRPA) was authorized in 1993 to assist local political subdivisions of the state in providing basic public recreation facilities. TRPA revenue is generated from a portion of the state sales tax on sporting goods- Funds available include $3,784,898 from Fiscal Year 2008 TRPA revenue. This review includes applications from t9 sponsors requesting $6,214,147 in matching furyds-for all applications submitted by July 31, 2007. -Based on site visits and analyses, the projects have been ranked in descending order of priority. Exhibit A contains the priority listing with funds requested by the sponsors and funds recommended by staff. III. Recommendation: Staff recommends the Texas Pazks and Wildlife Commission adopt the following motion: "Funding for ten projects listed in Exhibit A in the amount of $3,784,898.00 is approved" Attachments - 1 1. Exhibit A - Priortry Listing z'd eES~60 80 8T ~eN Commission Agenda Item No. 3 Exhibit A OUTDOOR RECREATION GRANT PROGRAM PRIORITY LISTING JANUARY 24, 2008 (DESCENDING ORDER OF PRIORITY) {A = Acquisition, D =Development) (' = Resubmiried.ProjeCt) SCORE APPLICANT AND PROJECT TYPE REQUESTED RECOMMENDED CUMULATIVE t 102 JUNCTION City Park A8D $400,000.00 $400,000.00 $400,000.00 2 800 PORT ARTHUR Adams Park D $400,000.00 $400,000.00 $BOO,000.OD 3 g8 KLEBERG COUNTY Dick Kleberg D $184 898.00 $184 898:p0 $984 898 00 Park Improvemenfs , , , . a 96 HUTTO lake Park A8D $400,000.00 $400,000.00 $1,384,898.00 5 93 JUSTIN Community Park A8D $400,000.00 $400.000.00 $1,784,898.00 6- 88 CIBOLO Town Creek Park West A8D $400,000.00 $400,000.00 $2,184,898.00 7 87 POTTSBORO Park' A80 3400,000.00 $400,000.00 $2,584,898.00 8 ~ CAMERON COUNTY Laureles Reganal Park A&D $400,000.00 $400,000.00 $2,984,898.00 9 83 GROESBECK Community Park Il • A8D $400,000.00 $400,000.00 $3,384,898.00 10 72 DIBOLL Sport Complex Old Orchard Park D $400,000.00 $400,000.00 $3,784,896.00 11 71 NUECES COUNTY Banquete Park D $318,500.00 $0.00 $3,784,898.00 {2 63 STOCKDALECentraLPark D $123,240.00 $OAO $3,784,898.00 13 61 MISSOURI CITY Independence ASD $400 000.00 $O.OD $3,784,898.00 Park Expansion , 14 53 MC ALLEN Town Lake A8^ $398,500.00' $0.00 $3,784,898.00 15 49 PROSPER Folsom Park D $390,000.00 $0.00 $3,784,898.00 16 46 FRANKLIN COUNTY Recreational A8D $400 000.00 $0.00 784 $3 898.00 Sports Complex , , , 17 4a SOCORRO Bonita Park' D $150,000.00 $O.OD $3,784,898.00 18 43 DUBLIN Little Fellers Playground 0 $119,632.00 $0.00 $3,784,898.00 19 27 TULIA Tule Lake Park D $129,377.00 $0.00 $3,784,898.00 TOTALS $6,214,142.00 T•d ebS~60 80 8T ~aW P. R. #14611 03/17/2008/ca RESOLUTION NO A RESOLUTION ACCEPTING A TEXAS PARKS AND WILDLIFE DEPARTMENT OUTDOOR GRANT IN THE AMOUNT OF $400,000.00. WHEREAS, the Texas Parks and Wildlife Department has awarded an outdoor grant in the amount of $400,000.00 to the City of Port Arthur; and, WHEREAS, the City does have matching funds available via EDC funds for the requested match of 5400;000.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the facts and opinions in the preamble aze true and correct. THAT the City Council. hereby authorizes the City Manager and the Interim Director of Parks and Recreation to execute any and all documents associated with the acceptance of the grant, in substantially the same form as attached hereto as Attachment .~A,> THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of A.D., ?008, at a Meeting of the City Council of the City of Port~Arthur, Texas, by the following vote: Ayes: P. R. 14611 03/1712008/ca N Mayor ATTEST: Acting City Secretazy APPROVED AS TO FORM: ~-~ ~2u~ City Attorney APPROVED FOR ADMINISTRATION: City Manager Interim Dire r o azks and Recreation ROVED AS TO THE AVAILABILITY OF MATCHING FUNDS: ~ - 1 .. Director of Finance Attachment "A" February 22, 2008 Dr. Albert Thigpen Interim Director, Parks & Recreation " PO Box 1089 . Port Arthur TX 77641-1089 ` Re: Port Arthur Adams Park Project Number 50-000382 COMMISSIONERS JOSEPH B.C. FIRSIMONS Dear Dr. Thigpen: CHAIRMAN SPN ANTONIO DorvarO D. RAMDE Congratulations! On January 24, 2008, the Texas Parks and Wildlife Commission VICE-CHAIRMAN ~ED° approved your grant proposal to construct the Port Arthur Adams Par . MARK E. eIVINS AMARILLO ,. RD9ERT evowN Enclosed are three sets of attachments: EL PASO T. DAN FRIEOKIN . Project Documents for Signature HDUSiDN Attachments to Project Agreement NED 9. HOLMES Hou9TON Requirements Prior to Initiation of Projec PETER M. HOLT SPN ANTONIO The Instructions for Approved Projects manual contains all of the instructions for PHILIP MONTGOMERY DALLA9 administering a Local Park Grant Program (LPGP) account. Compliance wit t ese JOHN D. PARKER . guidelines is critical to obtaining reimbursement for project expenses. Please include LVFKIN LEE M. RAE9 the project name and number (Port Arthur Adams Park, Project #50-000382) on a CHAIRMAN-EMERITVS document submissions. FOflT WORTH RoeERTL COOK Please notify us of any groundbreaking or park dedication ceremonies as a E%ECVTIVE DIRECTOR requirement of grant funding. TPWD would appreciate the opportunity to attend these events. Let us know at least 30 days in advance, as well as notifying your state and local officials. L. ® ~ ~®~a$! Take a kid hunting or fishing . ~ e Visit a state park or historic site 4200 SMITH SCHOOL ROAD AUSTIN, TEXAS 78'J443291 512369.4800 wvnv.ipw0 staleJx.us We require you to schedule a pre-construction meeting with us to discuss development and reimbursement guidelines for both projects. Please call 512-389- 8224 to schedule your meeting. We look forward to working with you to provide recreational opportunities to the citizens of Port Arthur. Sinc ly, im og ett, CPRP Director Recreation Grants Branch Enclosures cc: .Stephen Fitzgibbons, City Manager South- East Texas Regional Planning Commission To manage and consen~e the natural and crsiturnl resources of Texas and to provide bunring, fisbisg and outdoor recreation oppor6onities for the nse and enjoyment of present and future generations. TEXAS PARKS AND WILDLIFE DEPARTMENT TEXAS RECREATION AND PARKS ACCOUNT AGREEMENT ~'roject Sponsor and Name: PORT ARTHUR ADAMS PARK: PROJECT NUMBER 50-000382 $ _ >~ . Project Period: TPWD Approval Date to January 31 2011 Total Project Cost: $ 800 000.00 PROJECT DESCRIPTION (SCOPEI: Approved State Funds: $ 400,000.00 The City of Port Arthur will expand the existing 55.93 acre Adams Park with 23.85 acres of city-owned non-parkland and approximately 20 acres leased from the Port Arthur Independent School District for a wetland restoration with plantings, outdoor learning center, boardwalk, bird blind, and trail link to the park and renovation of baseball/softball fields, ,tennis courts, picnic units, splash pad, soccer field, 1-mile-trail with exercise stations, trail to 20-acre open space site, interpretive signs and project signs. Adams Park West is located at 3400 60'" Street, on the corner of 9'" Avenue in Jefferson County. 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.. 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 fve 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 January 2005 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 PAR AND I DLIF EPARTMENT by Tim Hogsett, Director, Recreation Grants Branch Name and Title 2 -?_2-®8' TPWD Approval Date CITY OF PORT ARTHUR Political Subdivision by Dr. Albert Thigpen, Interim Parks Director Name. and Tille Date (Rev. 05!00) TEXAS PARKS AND WILDLIFE DEPARTMENT TEXAS RECREATION AND PARKS ACCOUNT AGREEMENT 'roject Sponsor and Name: PORT ARTHUR ADAMS PARK' PROJECT NUMBER 50-000382 Project Period: TPWD Approval Date to January 31 2011 Total Project Cost: $ 800,000.00 Approved State Funds: $ 400,000.00 PROJECT DESCRIPTION (SCOPEI: The City of Port Arthur will expand the existing 55.93 acre Adams Park with 23.85 acres of city-owned non-parkland and approximately 20 acres leased from the Port Arthur Independent School District for a wetland restoration with plantings, outdoor learning center, boardwalk, bird blind, and trail link to the park: and renovation of baseball/softball fields, tennis courts, picnic units, splash pad, soccer field, 1-mile trail with exercise stations, trail to 20-acre open space site, interpretive signs and project signs. Adams Park West is located at 3400 60~' Street, on the corner of 9'"Avenue in Jefferson County. 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. 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 January 2005 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 D DLIFE RTMENT by CITY OF PORT ARTHUR Political Subdivision by Tim Hogsett, Director, Recreation Grants Branch Name and Title TPWD Approval Date Dr. Albert Thigpen, Interim Parks- Director Name and Tdle Date (Rev. 05/00) 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 PORT ARTHUR 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 PORT ARTHUR ADAM'S PARK, Project Number 50-000382, 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 PORT ARTHUR Political Subdivision By ALBERT THIGPEN, INTERIM DIRECTOR, PARKS Name and Title 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 PORT ARTHUR 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 PORT ARTHUR ADAM'S PARK, Project Number 50-000382, 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 Departmerit. CITY OF PORT ARTHUR Political Subdivision By ALBERT THIGPEN, INTERIM DIRECTOR, PARKS Name and Tifle Date 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 tiehalf of the Department. 8. 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 thepolitical subdivision which is party to theproject 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 Parrks 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 8 Parks Account assistance project creates an obligation to maintain the property described in the project agreement consistent with the Texas Recreation 8 Parks Account Procedural Guide, and the following requirements: B. 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 theamount 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. 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 it 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 III -Project Assurances A. Applicable Circulars The State shall comply with applicable regulations, policies, guidelines and requirements including State Uniform Grant and ConVact 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. 8. Project Application 1. Ttie Application for State Assistance bearing the same project name as the agreement andassaciated 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 representative of the sponsor to act in connection with the application and to provide such additional information as may be required. 3. Thesponsor has the ability and intention to finance the ndh-State share of the costs for the project. Sufficient funds will be available to assure effective operetion-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 areasonable 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 theproject 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 911187) 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 pertormance ofthis 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) Theiontractor 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, sez, or national origin." _ "(c) Thecontractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11246, as amended (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, andthe rules, regulations, and relevant orders of the Secretary of Labor." "(e) The contractor will furnish all information and reports required by Executive Order No. 17246, 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 wish 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 providedby law." "(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order R. unless exempted by rules, regulations, ororders of [he Secretary of Labor issued pursuant to Section 2114 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,. oropprove, or to take part in such decisions regarding a contract or subcontract in connection with [his project shall have any financial or other personal interest in any such contract. 2. No person performing services for the State or local govemment 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 subcontractin 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 - _ 7. Financial records, supporting documents, statistical records, and all dther 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 recdrds of the sponsor which are pertinent to a specitic project for the purpose of making audits, examinations, excerpts and transcripts. 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 Tor cause shall be in accord with the legal rights and liabilities mf the parties. - 4. ~ The Department or sponsor may terminate grants in whole, or in part, at any time before the date ofcompletion, 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 wse 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 credR 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 6y the Department under projects terminated for cause shall 6e in accord with the legal rights and liahilities 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 Deparbnent, or that all funds provided by theDepartment 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 betaken: 1. The Department may withhold payment to the sponsor, 2. The Department may withhold action on pending projects proposedby 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 6e responsible for compliance with the-above conditions as a result of the receipt ofgrant assistance from the Texas Recreation 8 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. PORT ARTHUR ADAM'S PARK, Project Number 50-000382 Signature of Official Authorized in Resolution DR ALBERT THIGPEN INTERIM DIRECTOR, PARKS AND RECREATION Name and Tdle Date 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 8 Wildlife Department or.any representative delegated authority to act on behalf of the Department. B. The term 'Project' as used herein means asingle 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 8. 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 8 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 administrafion.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 tp maintain the property described in the project agreement consistent with the Texas Recreation & Parks Account Procedure) Guide, and the following requirements: B.. C. The sponsor agrees that the benefit tp be derived by the State of Texas from the full compliance by the sponsor with the terms of this agreement is [he preservation, protection, and the net increase in thequality 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 sponsor agrees that a permanent record shall 6e kept and available for public inspection to the effect that the property 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 grantaided facility. 2. prohibits discriminating against any person on the basis of residence. Part III -Project Assurances A. Applicable Circulars The State shall comply with applicable regulations, policies, guidelines and requirements including State Uniform Gran[ 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 Sfate funds for grant assisted projects. It is the responsibility ofthe 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 aftercompletion of the sponsors 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. Tlie 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 representative of-the sponsor to actin 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 operetidn 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 [he effective date of a waiver of retroactivity and shall terminate atthe 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 Barters 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 tc 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 ProtectionAct of 1973 (P.L. 93-234) 67 Stat. 975: 9. The sponsor will assist the Department in its compliance with the Texas Antiquities Code (Revised 91U87) 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 forby 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 shallbe 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 t6 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 contractoYs 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, regWations, and orders:' "(f) In the event ofthe contractor's noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, thiscontrect 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, howeven>, 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 UnitedStates 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 disclosedupon the public records of the State, and such officer, employee or person has not participated in the acquisition foror on behalf of the Participant. - - F. Project Casts Project Costs eligible for assistance shall be determined upon the basis of the criteria set forth by the TRPA Manual. G. Project Administration Thesponsor 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. Project Termination 1. The Department may temporarily suspend TRPA or LWCFassistance 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 orsponsar 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 noncancelable 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 6y 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 setforth in the grant contract agreement and Procedural Guide regarding both active project compliance and compliance at previously assisted grant sites, the following actions may betaken: 1. The Department may withhold payment to the sponsor, - 2. The Department may withhold action on pending projects proposed by the sponsor, 3. If theabove actionsdo not achieve program compliance, the Department may involve the State Attorney General's Office, pursuant to Section 24 of the Parks 8 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 [he 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. PORT ARTHUR ADAM'S PARK, Project Number 50-000382 Signature of Official Authorized in Resolution ,~ DR ALBERT THIGPEN INTERIM DIRECTOR. PARKS AND RECREATION Name andTdle Date The Texas Parks & Wildlife Commission, by authority of Chapters 13 and 24 of the Parks & Wildlife Code, has adopted guidelines for administration of grant acquisition and development projects, to read as follows: Policy. 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 dent/ requests for additional grant funds for new projects: ACTIVITY Commission Approval Project Agreement Execution (Department R Sponsor) TIME FRAME Begin 3-year project period (4-year max) As soon as possible after Commission approval Pending Documentation Within 6 months of project agreement date (U.S. Army Corps of Engineers 404 and/or TCEQ Permits, Texas Historical Commission Cultural Resources Survey and Clearance, TPWD Biological Consultations, ROW Abandonment, Lease/Joint-Use Agreement Execution, etc.) Quarterly Status Reports (beginning with Commission approval) Appraisal Submission Appraisal Approval Land Acquisition Construction Plan Submission Periodic Reimbursement Billings Project Completion and Grant Close-Out Due within 2 weeks of quarter closing dates of March 31, June 30, September 30, and December1 As soon as possible after Commission approval Within 6 months of appraisal submission As soon as possible after appraisal approval Within 6 months of land acquisition for projects involving acquisition; or within 6 months of contract execution for development only projects. Every 90 days if op ssible (minimum $10,000 request) Within 3 years after Commission approval (but in no case after the 4'" fiscal year) 01/27/2005 SUMMARY OF GUIDELINES 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 Project 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, 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 aminimum-fifty percent of the approved grant amount; and - . The total of approved grant funds which have not been reimbursed may not exceed $2 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 PRIOR TO SUBMISSION OF FUNDING RECOMMENDATIONS TO THE PARKS AND WILDLIFE COMMISSION. Under extenuating circumstances Department staff may recommend new project sponsor has not met all of the above criteria.. Grant award, however, certain conditions which will be specified in staff recommendations to Commission. grant fund approval if a may be contingent upon the Parks and Wildlife I have read the "Summary of Guidelines for Administration of TRPA &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 or the Land. and Water Conservation Fund. It is also understood that the "Summary of Guidelines for Administration of TRPA &LWCF Acquisition and Development Projects" is part of the grant project agreement. Signature of Official Authorized in Resolution Dr. Albert Thigpen, Interim Director, Parks and Recreation Name and Title - PORT ARTHUR ADAM'S PARK. PROJECT #50-000382 Project Name Date 01 /27/2005 The Texas Parks & Wildlife Commission, by authority of Chapters 13 and 24 of the Parks & Wildlife Code, has adopted guidelines for administration of grant acquisition and development projects, to read as follows: Policy. If 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 oroiect in order to recommend reallocation of available funds to other proiects, or to dent/ requests for additional grant funds for new proiects: ACTIVITY Commission Approval Project Agreement Execution (Department 8 Sponsor) TIME FRAME Begin 3-year project period (4-year max) As soon as possible after Commission approval Pending Documentation Within 6 months of project agreement date (U.S. Army Corps of Engineers 404 and/or TCEO Permits, Texas Historical Commission Cultural Resources Survey and Clearance, TPWD Biological,Consultations, ROW Abandonment, Lease/Joint-Use Agreement Execution, etc.) Quarterly Status Reports (beginning with Commission approval) Appraisal Submission Appraisal Approval Land Acquisition Construction Plan Submission Periodic Reimbursement Billings Project Completion and Grant Close-Out Due within 2 weeks of quarter closing dates. of March 31, June 30, September 30, and Decemberl As soon as possible after Commission approval. Within 6 months of appraisal submission As soon as possible after appraisal approval Within 6 months of land ~ acquisition for projects involving, acquisition; or within 6. months of contract execution for development only projects. Every 90 days if op ssible (minimum $10,000 request) Within 3 years after Commission approval (but in no case after the 4'" fiscal year) 01/27/2005 SUMMARY OF GUIDELINES 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 Project 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, 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 $2 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 PRIOR TO SUBMISSION OF FUNDING RECOMMENDATIONS TO THE PARKS AND WILDLIFE COMMISSION. Under extenuating circumstances Department staff may recommend new grant fund approval 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 &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 or the Land and Water Conservation Fund. It is also understood that the "Summary of Guidelines for Administration of TRPA &LWCF Acquisition and Development Projects" is part of the grant project agreement. Signature of Official Authorized in Resolution Dr Albert Thigpen Interim Director Parks and Recreation Name and Title PORT ARTHUR ADAM'S PARK. PROJECT #50-000382 Project Name Date 01!27/2005 BUDGET SUMMARY PROJECT: PORT ARTHUR Adam's Park REIMBURSEMENT REQUEST NO. PROJECT NUMBER: 50-000382 PERIOD COVERED: ESTIMATE COMPLETED LAST REQUEST COMPLETED THIS PERIOD TOTAL COMPLETE 1. PROFESSIONAL SERVICES $ 38,000.00 2. CONSTRUCTION ELEMENTS A. Recreational Facilities 1. Renovation of baseball/softball complex (2 baseball fields, 1 softball field, and 1 T-ball field, all lighted $ 510,260.00 2 Renovation of 4 tennis courts $ 5,000.00 3. Picnic tables (2) $ 1,000.00 4. Sprayground 100,000.00 5. Soccerfeld 2,000.00 6. Multipurpose trail w/exercise stations and benches, 1-mile, asphalt 48,000.00 7. Nature trail, 0.6-mile 1,500.00 8. Outdoor teaming center 2,000.00 9. Native trees and understory plants 2,000.00 10. Marsh and water plants 1,000.00 11. Boardwalk and birdblind 2,000.00 12. Interpretive signage 1,500.00 B.. Miscellaneous 1. Program signs $ 1,000.00 Construction Cost $ 677,260.00 Less Retainage $ 0.00 TOTAL CONSTRUCTION $ 677,260.00 3. LAND ACQUISITION 82,740.00 includes appraisal $ 2,000.00 fOTAL ACQUISITION - $ 84,740.00 TOTAL PROJECT COST $ 800,000.00 _ MATCH: $400,000.00 ACQUISITION SCHEDULE PORT ARTHUR ADAMS PARK, PROJECT NUMBER 50-000382 PARCEL LAND IMPROVEMENT CURRENT TOTAL VALUE CODE NUMBER ACREAGE VALUE VALUE OWNER OF PARCEL 4 1 13.95 $61,710.00 $0.00 City of Port $61,710.00 4 2 10.00 $48,250.00 $0.00 City of Port $48,250.00 Actua6 land value exceeds amount supported by the grant TOTAL ACREAGE: 23.95 TOTAL LAND VALUE: 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; t-3 Partial Donation or Bargain; Sale; 4 = Sponsoror Publicly Owned Non-Parkland) PARCEL NUMBER: Identify each parcel number.in the same manner the parcels are identified on the boundary map. ACREAGE: Show the number of acres for each parcel of land to be acquired (to the nearest one-hundredth of an acre). LAND VALUE: Show the estimated value for each parcel. Include a "Preliminary Valuation Letter' to . support the cost estimate for all property to be acquired. IMPROVEMENTS VALUE: If structures or improvements exist on the subject property, show the value of the improvements, explain in the "Preliminary Valuation Letter" how the values were determined, and advise in the "Program Narrative" how the improvements will be used- (See "Appraisal Instructions" to insure that improvements are valued correctly.) CURRENT OWNER: Provide the name of the current land ownerfor each parcel. TOTAL VALUE OF PARCEL: Add land and improvement values for each parcel. ~TAL ACREAGE: Add "Acreage" column. TOTAL LAND VALUE: Add "Total Value of Parcel" Column $109,960.00 {{33 y , ~ Y ~,. :.. ~. 1~ . G i ! ~ t 7~'* l i 1 t•t ~ ~J ~ Cr t P. 7 °:,~ .7 Lr7 C_ _.>~L1S~cSr~ s ~ 1 L I / t ) I {) 1 4 I ~• / // ~~ y~ I ~ 67 to ST I R:O.w _ / ~ ~iT '. / I P. A. . G. ~ ti S 6 ~ a E a 7 a 5 6 T '~ ~i~ s. i / ~ . ~ ~ - 61 ST.~ - _ ~1, i ~ ~ ~~~cyms Pay k ' -~~~ _ _ ~/ .. CITY PAR% ~ SITE ~'~-_.. G.S.U. R.O. I ~ ~krk~aM. ~~: ~ ~ c 7 0 ~~. ~ -~.~ 1 _:- ~ ~ ~ ; `~ e i ci h i.J~~ la Q;,n C 5'iTU s~.d. 6ora.s-E. ' 1 1'I ~ 2 ;.f1 4 ~ lv~ni~ ~ ~~ , ' ~ i 1 a 7 1 I u'Z~'Z 3. :i / I ~ L J ~;~ ~ ~ ..o _ ~ - Y 1j ~ - ~ ~t .% ~ ~TILWELL BISHOP NE I TECH 'SYG.,~DI_~ ? p r ~.,=: ~ _ '' _ C IZY 0_E_._P~E~:_~ k1 ,~~._ , ~ JI'~ ~~~~--~_ ENGINEERING DEPT ii". ~'.. CHECKED LW APPROVED DATE .,.'- / ~ ;-~ 7 ~ OWG~ i .. ...R. Ti.q. ^' '~, ~ y mww »,ry.uh~ a `h r ~. M+aaWe-u k w~'w.M ,M~k. .. ... 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T r x a ~, rt.~~i !, 1, i4,~!`` 1 N~ j}{ e '^ '" 7 i r ~ J, 'N p[p['~ii~1~~'i 7 ~~`~ M ~i .e ~~ k Y"_ tl ~ ' `y r , ~ d~k~ ,~ Ntl~ly~l N~~ fr F ~ { „, i ~~ ~ 1~~„ ~y. ~' , ` V ~"k' t ~ is Rx Gj} l F ~ ltl u'Y~ .PA11MW0 x ~ t N. ~ ~ kt] ~`II_ i , , ,.. , , a°~ ~ , ` ~ .~ y '~r._~ ti ~~~.~ '~ ~ 1VISITOR J'^y. ,~.~~ a '..;P ~ ,t, ~~~~ s~~ +~7 ~y R ~y ~ ~~~,~~, r. {~ ro ~PARKIN6' . ^-, ~•, +°° r 4+ r8- ~ ~^ g ~ ,' t ~{ ~y~ r` j~ t + i7ti` e'`~,~~' ... ~ 4 ~ ; { !#" r r t ~m ~ III ~~yyyy _ '"~~~^^^ I~L'¢~ -+ N' \~ .yam}R r~ ~ ~A KINjG ~ ~ ~ ' ir~ f :, t..~~ PARKING f ~'~ n i• J"' ~ ~ (tl .. ~+y~ ( I ( ' y ~ e. ~~ !"y ~! ~ ~ ( x 1 rae r~ -E 7 rJ `~ ~r v'~Ya. r m ri ~.m~ c ~ n. .; tl 1~.m K ~w ~ ".=~ ~ ~ .,yr~,w ~ VIA x t D,~ I t 1 ! S $1 111!!!444 ~ ! ~`'-~~ 'q ~ ~ ,..,t.~,. ~r_.._Iaa',fiwaa~1~a~a~~~ 1~+ ~~~ aa;~a,~wNa *.9 x~!. ''. ''` ~° ~ ~ ` ! ~ PROPOSED MULTI PURPOSE TRAIL .r. ~ ~ a ~ ~ ~ CONNECTED TO ADAMS PARK f~ , ~, I 2 I i 1 //~~aa -~p~A~ pp~~/s ®®•qq~®ppyy~~ ®®~~pp TO: Tim Hogsett FROM: Rebecca Hensley Coastal Fisheries Dic2sion SUBJECT: Coastal Region Outdoor Grant-in- Aid Application Reviews DATE: 12/10/07 ~ COORDINATION • ROUTING DIV. NAME INITIAL DATE IF Jenn'rfer Key jk 12~t0~D7 IF Rollin A4acRae CF Rebeaa Hensley REMARKS: ~ ~ - - - ~- ~ '. - RETURN TO: Coastal Fisheries Branch staff has been consulted to assess regulatory compliance and identify potential adverse environmental impacts. The potental permits considered are described in the "Types of Permits" section attached. The applicafions reviewed to date have been separated into 4 main categories. CATEGORY3 The third category contains projects that are acceptable on the whole, but include one or more features that raised questions or concerns. A description of staff concerns is included for each of these. If these concerns can be addressed, and the remainder of the project is constructed as proposed following permit requirements, they should pose no significant environmental impacts. In general, these projects may further'reduce or avoid adverse impacts by implementing appropriate comments in the "General Comments" attachment. Staff feels that in some cases, these projects may also benefit from coordination with one or more of the TPWD groups listed in the "Other Recommended Coordination" attachment. These include: PORT ARTHUR Adams Park The construction of a concrete trail would create additional impervious suiface in an already- developed urban area resulting in greater stormwater runoff volume and velocity that would likely place a greater demand on existing buffer vegetation. Therefore, TPWD recommends that the applicant consider a trail design that includes alternating segments of concrete with other types of cover that would allow water to filter into the soII (e.g.; pavers), therefore reducing the amount of runoff especially in areas where the buffer vegetation is compromised. I appreciate the opportunity to provide input into the grant review process. Questions can be directed to Jennifer Key in Austin (512-389-4592) or Rebecca Hensley in Dickinson (281-534-0108). Sincerely, Rebecca Hensley Coastal Fisheries Division ATTACHMENT -: ~~, Types of Permits • USACE "404" permit (activities affecting wetlands or aquatic areas) The U.S. Army Corps of Engineers (USACE) should be consulted prior to commencement of projects that propose to place fill material or structures, whether from general land grading activities, buildings, piers, foot bridges or other activities, into wetlands or waters of the U.S. to determine to regulatory status of the proposed activity. Compensation may be required for any encroachment into these areas. • TCEQ "401" water quality certification (water quality of H~etlands or aquatic areas) (Mr. Mark Fisher 512-239-4586) • TCEQ Water Rights Permit (diversion or impoundment of water in waterways) (Mr. Terry Slade 512-239-4614) • EPA Construction/Stormwater permit (1 or more acres disturbed) U.S. Environmental Protection Agency should be contacted for projects proposing to clear 5 or more acres of land. (Mr. Everett Spencer 214-665-8060) • USFWS clearance (federally listed threatened & endangered species/habitat) The U.S. Fish and Wildlife Service (USFWS) should be consulted, if NDD search indicates activities may impact federally listed species or habitat, to assist in the evaluation of the proposed activities that may affect federally listed rare, threatened, or endangered wildlife species. Further consultation or surveys may be necessary to determine impact. TPWD Sand and Gravel permit (state owned waterways or bay bottoms) The TPWD Attorney coordinating the Sand, Shell, Gravel and Marl (SSGM) program should be consulted to evaluate activities involving the disturbance or taking of material from the beds or bottoms of State-owned streambeds and bay bottoms. (Mr. Bob Sweeney 512-389- 4433) • TPWD Inland Fisheries Division (aquatic plant permits) The TPWD Fisheries Division should be consulted for required permits for the placement of plants into waters of the State. (Mr. Joedy Gray 512-389-8037) Other Recommended Coordination • TPWD Inland Fisheries Division (establishment and management of pond fisheries) • TPWD Wildlife Division - Wildscapes or Urban Wildlife Programs (beneficial planting/landscaping/xeriscaping) (Ms. Kelly Bender 512-389-4874) • The Natural Diversity Database should be consulted to assist with the data search for state or federally listed rare, threatened, or endangered plant & wildlife species; as w ell as other rare or unique habitats and ecological resources. (Ms. Dorinda Scott 512-912-7023) • TPWD Wildlife Division -Habitat Assessment Program (terrestrial habitat impacts/planting} (Ms. Kathy Boydston 512-389-4638) • TPWD Inland Fisheries Division -Wetland Conservation Team (in~etland and aquatic habitat impacts/enhancement/creation) (Mr. Rollin MacRae 512-389-4592) 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 wfll 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 nafive 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 minimized 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 erosion control blankets, 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. Park sites containing ponds or proposing the construction of a pond should take measures to insure that any domesticated waterfowl that take up residence at the pond are removed immediately by legal means. Domestic waterfowl pose a danger to native wild duck populations by providing a disease vector for duck plague, New Castle Disease, avian cholera, avian tuberculosis, chlamydiosis, bird flu and Nest Nile virus. Furthermore, the close genetic relationship between domestic and wild waterfowl can result in hybrid offspring, which has the effect of diluting the gene pool of wild populations and presents the possibility of breeding native species out of existence. Signs should be placed in the vicinity of park ponds to educate the public on the negative impacts of the release and feeding of domestic waterfowl. Controlled Plants No person may import, possess, sell, or place into water of this state exotic, harmful, or potentially harmful fish, shellfish, or aquatic plants except as authorized b'y rule or permit issued by Texas Parks & Wildlife. , Family Scientific name Common name Amaranth family: Alternanthera philoxeroides alligatorweed Amaranthaceae Sumac family: Schinus ferebinthifoiius Brazilian peppertree Anacardiaceae Arnm family: Araceae Pistia stratiotes water lettuce Morning-glory family: Ipomoea aquatica swamp morning- Convolvulaceae ~ glory Water Milfoilfamily: Myriophyllum spicatum Eurasian watermilfoIl Haloragaceae Tape-grass family: Ottelia alismoides ducklettuce Hydrocharitaceae Hydrilia verticillata hydrilla Lagarosiphon major oxygen-weed Spirodela oligarhiza duckweed Loosestrife family: Lythrum salicaria purple loosestrife Lythraceae Myrtle family: Melaleuca quinquenervia punktree Myrtaceae Grass Family: Poaceae Panicum repens torpedo grass Water-Hyacinth family: Eichhornia azurea anchored water Pontederiaceae hyacinth Eichhornia crassipes common water hyacinth Monochoria hasfata arrowleaf - falsepickerelweed Monochoria vaginalis heartshape false pickerelweed Salvinia Family: all species of genus Salvinia Salviniaceae Figwort Family: Limnophila sessiliflora Asian marshweed Scrophulariaceae Potato family: '- Solanum fampicense .scrambling Solanaceae nightshade Bur-reed family: Sparganium erectum simplestem bur-reed Sparganiaceae , PTE OF 5~r ,, EXAS ~'~ ~jISTORICAL COMMISSION TTie State dgency for Historic Preservation RICK PERRY, GOVERNOR JOFh'V' L. VAT;, ID. CFL4IIL~fAN F. LAWEREtiCE OAKS, EYECt;TIVE DIRECTOR January 28, 2008 Jill Parrish Projects Section Head, Recreation Grants Grants-In-Aid Program. "fexas Parks & Wildlife Dept. 4200 Smith School Road Austin. TX 78744 ~i~,t ice: Project review under the Antiquities Code of Texas, Winter 2007-2008 Outdoor Recreation Park Grant Applications, 10 pazk grants, multiple counties, 'Texas (TPW D, City, Countyj Deaz Ms. Parrish: Thank yon for.your correspondence describing the above referenced projects. As the state agency responsible for administering the Antiquities Code of ]'etas. these comments also pro~,-lde rewmmendaiions on compliance with state antiquities laws and regulations. The review staff led by Debra L.. Beene, has completed its revic~,~. Please see Attachmelt 1 (TPWD Project Review Sheet) for a list'I'PWD funded park projects (5) requiring all archeological survey prior.to development. These azcheological investigations should include a 100% pedestrian survey, and must be performed under the Antiquities Code of Texas. Any azcheologst(sj cor_tracted for such work mwt apply for an Antiquities Permit prior to performing the fieldwork. We look forwazd to further consultation with your office and hope to maintain a partnership that will foster effective historic preservation. Thank you for your assistance in this state review process, and for your efforts to preserve the irreplaceable heritage of Texas. If y~!! have. ary questions concerning our review or if we can be of further assistarice,.please contact Debra L. Beene at 512/463-5865. Sincerely, ~ ~.. , ?, n .. for F. Lawerence Oaks, Executive Director Attachment I: Review List of 2007-2008 Winter Outdoor P~(~ ~'irants FLO/dlb PO. BOX 122?6 AL;STIN, TX 78711-2276 X12/463-6100 FAX i12/475-9872 TDD 1-300/735-2989 w-ww.thc.>tate.tx.uc TABLE OF CONTENTS SECTION 1 -Introduction ................................................................:...................1 Letter from the Director .............................................................................. 2 Grant Process Flow Chart ....................:.......:............................................. 3 Staff Directory ............................................................................................ 4 SECTION 2 -Quarterly Status Reports ................................................................ 5 Quarterly Status Report Form-Indoor Recreation Facility Grant .................? Quarterly Status Report Form-Outdoor Recreation Grant .......................... 9 Quarterly Status Report Form•Small Community Grant ........................... 11 SECTION 3 -Land Acquisition Process ................................. ....................... 13 Acquisition Flow Chart ................................................. ..... ........................ . 14 Land Acquisition Instructions ................................... .... . .. .............. ............. 15 Acquisition Methods and Appraisals ............................ . ......................... 16 Land Acquisition Forms ... Statement of Just Compensation ...................... ............................24 Statement of Donor ........................................... ............................26 SECTION 4 -Design/Development Process ......................................................27 Design Construction Flow Chart ...............................................................28 Design Development Instructions ..................................:..........................29 Acknowledgment Signs ...........:................................................................35 Design Development Forms Plans and Specifications Checklist ............................................... 39 Sample (Natural Area/Open Space/VVetland) Resolution ..............44 SECTION 5 -Reimbursement Process .......................................... .......:............49 Reimbursement Flow Chart ....................:............................ ................. 50 Grant Reimbursement Procedures ..................................:.... ... ....................51 Construction Methods .......................................................... ............. 56 Land Acquisition Reimbursement Checklist ......................... ....... .............. 58 Reimbursement Request Checklist ...................................... ...... .............. 59 Project Close Out Checklist ................................................. ...... ............ . 60 Reimbursement Forms ......................................................... . ...... .................... 61 Daily Work Record .................................................... ....................62. Weekly Work Record .................................:.......... ..... .................... 64 Equipment Listing ...................................................... ....................65 Certification for Donated Labor or Service .................. ................... 67 Certification for Reimbursement Request ................... ...................68 Certification of Project Completion ............................. ................... 69 Sample Spreadsheet .................................................. ................... 70 Sample Budget Summary ........................................... ................... 71 Direct Deposit Auti~orization ....................................... ................... 72 SECTION 6 -After Grants Projects Are Complete ............................................. 73 Retention, Operation and tv+aintenance Responsibilities .......................... 74 Section 1 -INTRO®UCTION Dear Sponsor: Congratulations on the approval of your Texas Recreation and Parks Account grant! After the intense competition of the application phase, I am sure you are wondering where to go from here. 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 checklists 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, and it is available online at http://www.tpwd.state.tx.us/business/grants/trpa/. Of course no instruction book can answer every question you have. Please call us for personalized assistance when necessary. We have included a directory of the Recreation Grants Branch Staff. We suggest that you schedule an individual pre-construction procedural meeting in order to discuss program acquisition, development, and reimbursement guidelines. Please schedule with the appropriate staff member or call us at 512/912-7124 for referral. We look forward to the successful completion of the project and hope our partnership will be productive. Sincerely, Tim Hogsett, CPRP Director Recreation Grants Branch TH:RR:It 2 GRANT PROCESS FLOW CHART Quarterly Status Prepare & Recreation Recreation Reports due to Recreation Grants Submit Grants Grants On 75'" of Appraisal Reviews Approval 8 JAN, APR, JUL, 8 OCT Appraisal Authorization to Acquire Yes Sponsor Recreation Submits Any ~ Does Grants Sponsor Supplemental Project 7pyy Notifies Receives 8 Documentation Include Commission Sponsor of Executes to Acquisition? Approval Commission Project Recreation Action Agreement Grants Acquisition of Property No ~, Prepare & Recreation Recreation Submit Grants Grants Plans 8 Review Plans Approval & Specs and Specs Authorization to Proceed Is Construction Periodic Request Recreation Clarify Force Yes A t? Cgnshuclion Reimbursement Complete Final Grants Any ccoun Requests Construction Inspection Conducts Problems . Si i it ~ by Final te v s s (if needed) Recreation Grants Inspection No Advertise For Bids Open Award Bids Contract Submit Bids & Contract to Recreation Grants Construction Submit Proat Ot Ownership and Reimbursement Request Recreation Grants Processes Final Reimbursement Periodic Post- Completion Inspections 3 Recreation Grants Branch Staff Directory New Office Location Mailing Address Office Location (February 1, 2008) Texas Parks & Wildlife ~ Texas Parks & Wildlife Texas Parks & Wildlife Recreation Grants Branch Recreation Grants Branch Recreation Grants Branch 4200 Smith School Road 2900 IH-35 South, Suite 100 1340 Airport Commerce Drive Austin, Texas 78744 Building 6, Suite 600A Austin, Texas 78704 Austin, Texas 78741 Web: http:flwww.tpwd.state.tx.uslbusinesslgra nts/ Email: Rec.Grants@tpwd.state.tx.us Tel: (512) 912-7124 New # (512) 389-8224 Fax: (512) 707-2742 New # (512) 389-8242 TPWD Main Numbers 1-800-792-1112 or 512 389-4800 Name Tim Hogsett, Director Office # 912-7124 New Office # 389-8712 Jill Parrish, Manager Wendy Kovach.. Roxane Eley Local Park Grants Program 912-7115 912-7119 912-7109 389-8175 389-8322 389-8109 Fiscal Section Ramon Riquelme, Head Robert Urbina Will vanWisse Robin Kolton 912-7110 912-7116 912-7114 912-7104 389-8210 389-8116 389-8714 389-8104 Darlene Lewis, Head Dana Lagarde Community Outdoor Outreach Program 912-7145 912-7056 Non-TRPA Grants (Boating, Trail, 8< Pumpout) Andy Goldbloom, Head 912-7128 Steve Thompson 912-7130 Administrative Staff Renee Serrano, Manager 912-7171 Vacant 912-7124 Tomie Gloria 912-i125 389-8745 389-8056 389-8128 389-8230 389-8171 389-8224 389-8225 4 Section 2 -QUARTERLY REPORTS Quarterly Status Resorts Quarterly status reports, in letter format, hard copy, ore-mail, should be provided within 2 weeks of the following dates of: March 31, June 30, September 30, and December 31. These status reports can be sent to: Rec.grantsCa~tpwd.state.tx.us. Please discuss your progress with appraisal and land transfer negotiations, construction of project elements, reimbursement requests, any problems incurred, requested changes to the contract, and the feasibility of meeting compliance deadlines and project expiration date. Photos are optional, but highlights of facility development are welcome. Please address all correspondence to the Recreation Grants Branch, and include the project name and number on all submissions. Questions should be referred to the appropriate staff member noted in the Staff Directory in the Instructions forApproved Projects booklet. You may access an electronic fellable form from this page: http://www.tpwd.state.tx.us/business/grants/ and printout and mail to us at: TPWD Recreation Grants Branch 4200 Smith School Road Austin, Texas 78744 or you may cut and paste from this. document and save as a word document and email to Rec.grants(a~towd.state.tx.us or fax to 512 7707-2742. Please keep in mind photos should be mailed ihto our office due to size limitations of our email server. r TPWD use onl For TPWD use onl acts: FY Funded: Fiscal: E - Quarterly Status Report Texas Local Park Grants Please Check Appropriate Grant Type ^ Outdoor Recreation Grant ^ Indoor Recreation Grant ^ Regional Grant Urban Outdoor Recreation Grant Urban Indoor Recreation Grant Small Community Grant The following information must be submitted to maintain compliance with projects funded by Texas Parks and Wildlife Department. Required fields are indicated with '. Please refer any questions to the Recreation Grants Branch: 512 912-7124 or rec: rants t wd.state.tx.us S onsor Information Re ort Pre grad b if different than s onsorcontact S onsor Name: Your Name: ' Pro act Name: Affiliation e. ., ci , consultin rou ^~o"act Number: Address: tact Name: Cit : State: Zi Address: Phone: Ci State: Zi E-mail: Phone: Has the Grant S onsor received a co of this E-mail:. Status Report? ^ Yes ^ No Re ortin Quarter. January 1 -March 31 April 1 -June 30 July 1 -September 30 October 1 -December 31 On the following page, please describe your progress toward completing the project scope as outlined in your agreement with TPWD. Answer the questions on the following page, and provide an explanation for any variance from your expected progress. Photos and highlights of project elements or program activities are encouraged. If you are e-mailing photos attached to your Quarterly Status Report, use fhe smallest divital image size aossible. Note: The narrative sections have unlimited space to fill in the needed information. The final view of the form for your project may be more than two pages. Page 2 -Quarterly Status Report for Outdoor, Small Community, Indoor, & Regional Grants If questions do not apply to your project; please enter N!A I. Preconstruction documentation Have the pre-construction documents been submitted? (AS outlined in the letter that accompanied your agreement, i.e., Corps Permit, TX Historical Commission survey, Drilling/Mining rotection ? es No If NO, lease rovide an ex lanation. II. Land ne otiationslConstruction status: 1. Have ou submitted an a raisal to TPWD for review? NIA Yes No 2. If your appraisal has been approved by TPWD, have you submitted a recorded deed for the roe conve ed? ^ Yes ^ No 3. Have ou submitted tans ands ecifications to TPWD for review? Yes No 4. Have you registered your project for accessibility compliance with the Texas De artment of Licensin and Re ulation? ^ Yes ^ No 5. Has the Tem ora Pro'ect Si n been installed? Yes No 6. If yourplans have been approved by TPWD, have you completed thebid rocess for the ro'ect elements? ^ Yes ^ No 7. If ou have com leted items 1 throw h 4 above, is construction undenva ? Yes No Outline the. construction ro ress of the ro'ect elements. III. Meetin com liance deadlines and ro'ect ex iration date: 1. What is the estimated ro'ect com leticn date? (Enter as MMnyvvl 2. Have ou ex erienced an unforeseen dela s? Yes No If YES, lease ex lain. IV. R nested than es to the a reement: Do ou need an extension or amendment to our a reement? Yes No If YES, the rooect s onsor must submit a si ned re west under se crate cover. Please submit quarterly reports to rec.orants(o)tpwd state.tx us or mail to: Texas Parks and Wildlife Department Recreation Grants Branch 4200 Smith School Road Austin, Texas 78744 An electronic co of this form can be found at htt :!/www.t wd.state.tx.us/business/orants/t a Section 3 LAND ~4CQUISITION PROCESS ACQUISITION FLOW CHART Prepare Appraisal Submit to Recreation Grants Branch at Texas Parks & Wildlife Recreation Grants Request for Recreation Grants/ Additional Information '~ Independent Review Submit Additional Information Recreation Grants Approval and Authorization to Acquire Acquire Property Submit Proof of Ownership (Recorded Deed)and Reimbursement Request 10 LAND ACQUISITION INSTRUCTIONS LAND ACQUISITION PROCESS 1. Contact the landowner to determine availability of the property.. 2. Have one independent appraisal of the property prepared according to the "Acquisition Methods and Appraisals" instructions in the following section. 3. Submit one copy of the completed appraisal to the Department for review/approval. 4. After appraisal approval, make a written offer to acquire the property based on instructions in the Department letter approving your appraisal and setting the grant assistance value. Negotiations with the landowner over price may now begin. 5. Supply the landowner with notification of the property grant assistance value. Use the "Statement of Just Compensation" for land purchases, or the "Statement of Donor" for land donations. 6. Close the property transaction (use of a title company is recommended but not required). Obtain the owner's signature on the "Statement of Just Compensation" or "Statement of Donor" as applicable. 7. File the property deed at the local County Clerk's office. 8. Prepare an acquisition reimbursement request and submit to the Department (see "Land Acquisition Reimbursement Checklist" in the "Reimbursement Process," Section 4). 9. Erect a recognition sign (see "Acknowledgement Signs" in "Design/Development Process," Section 3). Acquisitions Involving Relocations The Department will not assist with relocation costs for persons displaced by grant-assisted property acquisition. It is the sole responsibility of the grant sponsor to bear these relocation costs. It is also the responsibility of the sponsor to follow the federal Uniform Relocation Assistance. and. Real Property Acquisition Policies Act related to benefits and payments for displaced persons. If you have any questions regarding: the above instructions, please contact the Department. 11 ACQUISITION METHODS AND APPRAISALS NOTE: In order to ensure the appraisal report contains the content required by our guidelines, the grant sponsor needs to provide the appraiser with. a copy of these "Acquisition Methods and Appraisals." Methods of Acquisition. Acquisition of land and water, or interests therein, may be accomplished through purchase, eminent. domain, transfer, gift, mandatory dedication, or other means: The Department encourages public policies and procedures for the acquisition of real prdperty that are fair and consistent, and directed toward giving the property owner the full measure of compensation authorized by law; promptly, with a minimum of inconvenience, and without prolonged negotiation or costly litigation. A. Every reasonable effort should be made to acquire real property by a means other than eminent domain or condemnation. B. Real property should be appraised before the initiation of negotiations. Program assistance will be based on the current fair market value of-real property as established by an independent appraisal reviewed and approved by the Department. Property owners shall be afforded an opportunity to accompany the appraiser during the inspection of the property. C. Condemnation should not be advanced or delayed in order to induce an agreement on price. If an agreement does not appear possible after a reasonable period of negotiation, the project sponsor may, if authorized by law, institute condemnation proceedings. D. If a partial taking would leave the owner with an uneconomic remnant, the sponsor shall offer to acquire the entire property. E. In determining the boundaries of a project,. the sponsor should take into account human considerations, including the economic and social effects of the acquisition and subsequent development on owners and tenants in the adjacent area, in addition to engineering and other factors. 2. Basis for Assistance. Generally, the market value standard will be used as the basic measure of program assistance on acquisitions. Program assistance shall be based upon evidence of this value. When determined by the Department to be capital costs and when other pertinent conditions are met, any degree of long term interest in real property can be considered for matching aid, whether purchased by or donated to the project sponsor. Properly documented costs of severance damage may be matched. Severance damage is the diminution in value of -the remaining land due to the particular land taken and is considered to be an inherent part of just compensation. The only incidental costs of acquisition which may be matched are appraisal and boundary survey costs. Payments shall be made only after the Project.Agreement has been executed for the project involved. 3. whether they adequately including a new appraisal, Department Action on Acquisition Documents. The Department will approve all appraisal reports for adequacy and consistency. Other documents may also be checked to determine serve the purposes intended for them. Additional information, may be required when circumstances so warrant. 12 4. Waiver of Requirements. The Department may waive any of its documentation or payment requirements upon request or upon its own initiative, when in the opinion of the Department a requirement is not necessitated by law and does hot reduce any protections provided by the Grants Manual. When such a waiver is given, the Department reserves the right to establish suitable and reasonable conditions under which the waiver may be operative. When a waiver is needed, it should be requested by the sponsor. The request should include a justification for the waiver and a statement of how a proposed substitute report or system would meet the need of the Department to justify payments from the grants program. 5. Appraisal. The sponsor shall secure an appraisal of the appropriate type by a State of Texas certified appraiser for all real property to be taken. If more than one parcel is to be acquired, all parcels shall be appraised in the same report. Individual parcel appraisal reports will not be reviewed by the Department, nor are they eligible for program assistance. When Federal Funds are involved, standards for appraisals shall be consistent with the current Uniform Appraisal Standards for Federal Land Acquisition which can be found on the U. S. Department of Justice's Internet Website: http://vvww.usdoi.caov/enrd/land-ack/ Except for written Findings of Value (C below), the appraisal should be an analytical narrative report following current professional appraisal practices involving the application of standard techniques, such as comparativelmarket approach or cost less depreciation. Other portions of the report, such as introductory and supporting data, limiting conditions and certifications should also meet these standards. The formality and detail of required documentation will be determined, as described below, by the value of the real property involved in each instance. Depending on value, the Department will require detailed appraisal reports, abbreviated appraisal reports, or written findings of value. The appraisal will be submitted to the Department for review unless otherwise noted. or requested. A detailed appraisal is required for all projects involving the donation of real property or interests therein. The value established by the appraisal report should not be older than two years from the date of its submittal to the Department for review. A. Detailed Appraisal Report. If an acquisition will cost more than $25;000 the project . sponsor will apply the following appraisal requirements. The report on any individual property may vary depending upon the type of property under appraisal. Additional data may be required in the case of highly specialized properties. Items may be deleted as in the case of land valuation only. Generally, however, all items must be considered by the appraiser and included in the report unless otherwise requested and agreed to by the Department, and omissions must be explained by narrative. The Appraisal Report should coverthe following: (1) Opportunity to Accompany. Property owners (or a designated representative) shall be afforded an opportunity to accompany the appraisers during the inspection of the property. The appraisal report shall indicate whether or not the owner or representative accompanied the appraiser. (2) Qualifications. Statement of qualifications (education, experience, list of clientele State of Texas Certification number and date of expiration) of all appraisers and/or technicians contributing to the report. 13 (3) Statement of Limiting Conditions. The appraiser should provide clear concise statements of all assumptions, including the following specifics: (a) That the title to the property is marketable, (b) That the appraiser assumes no responsibility for legal matters, and (c) That all data furnished by others are presumed correct. (4) Purpose of the Appraisal. This shall include a definition of all values required and appraised. (5) Identification of Property. Legal description of the whole tract and that portion to be acquired. (6) City and Area Data. This data (mostly social and economic) should be kept to a minimum and include only such information as directly affects the property being appraised. (7) Property Data. (a) Site. Describe soil, topography, mineral deposits, easements, etc. If-there is an indication that mineral deposits have more than a nominal commercial value, this fact shall be clearly stated. (b) Easements. If land is to be acquired over which the sponsor has limited control or use, such as land encumbered by easements, proper adjustments must be made to the appraisal reports to reflect the limited control. If no adverse easements exist, report should so state. (c) Improvements. This shall be by narrative description, including dimensions of principal buildings andlor improvements. A floor plan of each building is required. (d) Equipment. This shall be by narrative description including the condition of equipment: (e) Condition. The current physical condition and relative use and obsolescence shall be stated for each item or group appraised and, whenever applicable, the repair or replacement requirements to bring the property to usable condition. (f) Assessed Value and Annual Tax Load. Include the current assessment and dollar amount of real estate taxes. If the property is not taxed, the appraiser shall estimate the assessment in case it is placed upon the tax roll, state the rate, and give the dollar amount of the tax estimate. (g) Zoning. Describe the zoning for the subject and comparable properties. (8) Analysis of Highest and Best Use. The report shall state the highest and best market use that can be made of the property (land and improvements and where applicable, machinery ahd equipment) for which-there is a current market. The valuation shall be based. on this use. In no case shall the land be appraised for one highest and 14 best use and the value of the improvements added when they do not contribute to the fair market value of the land under the highest and best use. Such special purpose appraisals are not allowable. Also, subdivision development should not he selected. as a highest and best use. The Texas Supreme Court has ruled the subdivision approach as an inaccurate and inappropriate method of appraisal, and reports relying on this method of appraisal will not be supported by the Department. Additionally, recreation should only be selected as a highest and best use when private sector recreation sales are used as comparable sales. If no non-public recreation sales are available, a highest and best use other than recreation should be selected and supported with like-type comparables. (9) Land Value. The appraiser's opinion of the value of the land shall be based upon its highest and best use, regardless of any existing structures and shall be.supported by confirmed current factual data (sales and offerings) of comparable, or nearly comparable, lands having like optimum uses. Differences shall be weighed and explained to show how they indicate the value of the land being appraised. (10) Value Estimate by Comparative (Market) Approach. All comparable sales used shall be confirmed by the buyer, seller, broker, or other person having knowledge of the price, terms and conditions of sale. Each comparable sale shall be weighed and explained in relation to the subject property to indicate the reasoning behind the appraiser's final value estimate from this approach. (11) Value Estimate by Cost Approach. This section shall be in the form of computational data, arranged in sequence, beginning with reproduction or replacement cost, and shall state the source (book and page if a national service) of all figures used. The dollar amounts of physical deterioration and functional and economic obsolescence, or the omission of same, shall be explained in narrative form. This procedure may be omitted on improvements, both real and personal, for which only a salvage or scrap value is estimated. (12) Value Estimate by Income Approach. NOTE` The Department will not reimburse the sponsor for the value of land determined by the income approach method. (13) Interpretation and Correlation of Estimates. The appraiser shall interpret the foregoing estimates and shall state the reasons why one or more of the conclusions reached in items (10) and (11) are indicative of the market value. (14) Tabulation of History of Conveyance (property sales and transfers). Include parties to the transactions, dates of purchase, and amounts of consideration for at least 5 years prior to appraisal. ]5 (15) Certification of Appraiser. (a) He/she has personally inspected the property. (b) He/she has no present or contemplated interest in the property. (c) That in his/her opinion the market value of the taking as of (Valuation date) IS $__ (Signature) (15) Exhibits and Addenda. (Note: All maps and plans may be bound as facing pages opposite the description, tabulation, or discussions they concern). (a) Location Map. Include the city or area. (b) Comparative Map Data. Show geographic location of the appraised property and the comparative parcels analyzed. (c) Comparative Data Details. A listing of sale price, property type, grantor, grantee, sale date, financing, confirmation (person), present use, zoning, land size, shape, flood information, and a brief narrative. describing physical characteristics, public utilities associated with the land, deed restrictions, and any other information deemed pertinent. (d) Plot Plan. Include a metes and bounds description. (e) Floor Plans.. Include when needed to explain the value estimate (f) Photographs. Pictures shall show at least the front elevation of the major. improvements, plus any unusual features. When a large number of buildings are involved, including duplicates, one picture may be used for each type. Views of the best comparables should be included whenever possible. Excepf for the overall view, photographs may be bound as pages facing the discussion or description to which the photographs pertain. All graphic material shall include captions. (g) Other Pertinent Exhibits. Include as deemed appropriate. B. Abbreviated- Appraisal Report. An abbreviated appraisal report, compiled by a qualified appraiser and adequately related to comparable sales, is acceptable for a parcel with a value estimate between $1,000 and up to and including $25,000. The abbreviated report should include: 16 (1) A brief description of the subject property to include physical characteristics, present use, zoning, public utilities associated with the land, deed. restrictions, and any other pertinent information. (2) A legal description of the real property to be acquired and a plat. (3) At least a 5 year history of conveyances (sales and transfers), including parties to the transactions, dates of purchase, and amounts of consideration. (4) An analysis and statement of the property's highest and best use. (5) Supporting data, including two or three comparable real property sales, a brief analysis of those sales, and a map showing their locations relative to the land to be acquired. (6) The appraiser's certification and signature (see Item S.A.15). (7) The date the value estimate applies. (8) A statement of the appraiser's experience, qualifications, State of Texas Certification number, and. date of expiration. (g) Opportunity to Accompany. Statement that the owner or representative had the opportunity to accompany the appraiser at the time of property inspection, and whether or not he/she accompanied the appraiser. (10) Location Map. Include the city or area. (11) Boundary Map (Plat). fnclude a metes and bounds description. C. Finding of Value. Where a parcel has a value of $1,000 or less and the expense of an appraisal would be disproportionate to its benefit, a written finding of value by a qualified appraiser will be acceptable for approval. This finding of value can be based on the individual's knowledge of land values, but should include a statement of the appraiser's experience and qualifications, including a short description of the factors considered and the means by which a conclusion was reached. These statements should be sufficiently detailed. so as to enable the Department to judge their respective merits. D. Eminent Domain/Condemnation. When lands are acquired through judicial proceedings, the price determined by the court will be accepted by the Department in lieu of any previous Department approved appraised value. The department, however, will not be obligated to match an amount higher than the approved support ceiling of the. project. E. Acquisition by Donation. One appropriate appraisal report is administratively required for all projects involving the donation of real property or interests therein for determination of .matching share. Prior to project approval or the first reimbursement request: 17 (1) The Department shall ensure that the project sponsor secures adequate appraisal services. (2) The project sponsor will have an appraisal made in accord with the requirements of this section. (3) Upon completion of the appraisal, it shall be submitted to the Department for review and approval. After project agreement execution and Department approval of the appraisal, the cost of the appraisal is reimbursable, up to 5% of the value of the land, or $10,000, whichever is less.- F. Appraisals for Properties with Man-Made Improvements. For acquisition projects which involve the acquisition of properties with man-made improvements, the following methodology must be followed by the appraiser for the valuation of such improvements. (1) If the highest and best use of the property is determined to be for "recreation": (a) Fair market value must be justified utilizing private sector recreation properties as comparable sales. (b) Improvements on the property which are for recreation (and are therefore potentially eligible for program assistance) must be valued at their "current depreciated value." ' (c) Improvements on the property which cannot be utilized for recreation must be assessed for salvage/scrap value. (Such improvements are not eligible for grant support.) (2) If the highest and best use of the property is determined to be for "other than recreation": (a) Improvements which are for "recreation use" must be assessed for their salvage/scrap value. (The salvage/scrap value can be eligible for grant support). (b) Improvements which are for "other than recreation use" must be valued at their depreciated value. These improvements are eligible for grant assistance only if they are to be demolished/removed. from the site, or if the improvements are to be utilized for (or in support of) recreation activities. To be grant supported, the improvements must either be handicapped accessible in their current state, or they must have the ability to be modified and made accessible, pursuant to state law requirements. G. Sponsor Owned Land Used as Match. An appropriate appraisal report is required to establish the level of program assistance, pursuant to Grants Manual guidelines, when sponsor owned, non-dedicated parkland is used as the local match. 18 6. Statement on Differences in Value. An appraisal; if competently compiled 6y a qualified person, should be an acceptable estimate of property value; it cannot be. assumed, however, to be an absolute statement of value. The approved appraisal value is a basis for helping establish the level of grant support. 7. Reservations and Outstanding Rights. In an effort to stretch the dollars spent, the project sponsor might wish to purchase less than fee simple title. This would be permissible when fee simple title is excessively expensive, and a lesser control of the area will not detract from the recreation use of the land and not have significant impact on the environment. 8. The Department will not obtain a legal right or title to any area or facility acquired with TRPA assistance. 9. Evidence of Titte. The.Department must have on file satisfactory evidence of the purchase price and a description of the character and nature of the title received by the sponsor before the Department reimburses grant funds. Evidence of title, such as a written statement by the State Attorney General, title insurance, or other means considered reasonable and adequate, must also be available to the. Department before requesting reimbursement. A survey may be required by the Department when there is reasonable doubt about the exact location of the boundary or of the size of the tract being acquired. 10. Responsibility for Quieting Title or for Replacement of Properties Acquired with Defective Title. The sponsor is responsible for quieting claims against title and for replacing property found to have defective title with other properties of equivalent value, usefulness, and location acceptable to the Department. 11'. Acquisition of Interest in Real Property. ,The acquisition of easements, rights-of-way, etc., will be viewed in the same light as full takings.. Documentation of value by appraisal will be the same. The project proposal should adequately explain why lesser interests are. to be acquired. 19 STATEMENT OF JUST COMPENSATION is now in the process (BuyerlGrant Sponsor) of acquiring private property necessary for (Project Name) grant project. Title records indicate that you are the owner of real property located in the State of Texas, County of more particularly described as follows: _ (indicate number of acres value and description of orooertv) 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 (if any) which will not be acquired and for which no value is included in our estimate ofjust compensation: Ih accordance with the current "Uniform Relocation Assistance and Real Property Acquisition Policies Act," an estimate of grant assistance property value in the amount of for acres has been made for the interest to be acquired in the above described property. This amount is based upon the State approved appraisal 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 your property and other indicators or values, i.e. 20 Grant assistance to the buyer includes amounts for the land, improvements, severance (if any), other elements, and will not exceed as follows: Land: $ Im rovements: $ Buildin s: $ Structures: $ Dama a to the Remainder: $ Other: $ TOTAL $ Signed (Buyer/Grant Sponsor) Printed Name and Title Date STATEMENT OF OWNER I have been given the opportunity to, or to designate a representative to, accompany the appraiser during his inspection of the property, and I understand the amount established for grant assistance is not less than the appraiser's opinion of fair market value. I have read and understand the conditions in this statement. I understand that I have the right to negotiate the sales price. for the property, but the amount above is the maximum grant assistance to be received by the buyer/grant sponsor. Signed (Owner) Date Signed (Representative of Owner) Date Address 21 .,, . __. ~~ ~, _~:..~ .. w.. w ,~.~_. _....._ ._ . STATEMENT OF DONOR In accordance with the current "Uniform Relocation Assistance and Real Property Acquisition Policies Act," I understand that aState-approved appraisal, which was prepared for the acquiring agency, establishes the grant assistance value of $ for the 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). .__ ~ `Q. ~!'Rtl~ '~ .. ]f(!.':t,,e tP`~II. ~Tj}F ~}~ a Yh.. •~ ! ~~(j(f e e / ,x Tx.v ~ Ts .N 9~A ~' ~.~` ~4 r~J Y~dl i~'1 L a/L4 ~VF~~~_~~vl Ul M d ~4•.A~/~#.~ w..5~ ~A - Signed (Owner or Representative) Printed Nameand Title Date Note: This statement must be completed and signed by the donor when an acquisition project involves either a full or partial donation by owner. 22 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 required program. recognition signs. PLANS AND SPECIFICATIONS The Recreation Grants Staff 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 aPre-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 for 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,new water or sewer systems, Texas Historical Commission for archaeological 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 contractdoes not relieve the sponsor or 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 Fund 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 "Checklist for Plans and Specifications" 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. 25 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. ACCESSIBILITY REQUIREMENTS Projects are required to comply with the Texas Accessibility Standards (TAS) established by the Texas Department of Licensing and Regulation (TDLR) under the Elimination of Architectural Barriers Act, Texas. Government Code, Chapter 469 and Texas Occupations Code, Chapter 51. Contact TDLR at: http://www.license.state.tx. us/ab/abtas.htm Elimination of Architectural Barriers Program Texas Department of Licensing & Regulation P.O. Box 121b7 Austin, TX 78711 1-877-278-0999 26 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 the EQUAL OPPORTUNITY CLAUSE are to be incorporated verbatim in each contract and must be included in the plans and specifications submitted for TPWD 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, creed, color, sex, or national origin. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, or national origin. Such action shall include but not be limited to employment, upgrading, demotion or transfer, recruitment or retirement, 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 non-discriminatiori clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualifed applicants will receive consideration for employment without regard to race, religion, creed, 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 Number 11246, as amended in 3 CFR 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 Number 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 non-compliance 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 Number 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 and 7 in every subcontractor purchase order unless exempted by rules; regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order Number 11246, as amended, so that such provisions will be binding upon .each subcontractor or purchase order, as the 27 contracting agency may direct as a mean`s of enforcing such provisions, including sanctions for non-compliance; provided however, that in the event the contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting. agency, the contractor may request the United States to enter into such litigation to protect the interest of the United States." CONTRACT AND BOND REQUIREMENTS Contracts awarded under the grant are required to follow Texas competitive bidding procedures in accordance with Local Government Code Ch 252, 262. Standard construction practices recommend a bid guarantee from each bidderequivalent 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 withinthe 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 under such a contract. 2. A Payment Bond on the part of the contractor for 100 percent (%) of the contract price. A payment Bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and materials in the execution of the work provided for in the contract. 3. In lieu of the bond requirements for contracts less than $50,000 a provision that no money will be paid to the contractor until completion and acceptance may be included in the contract. The sponsor shall include, in addition to provisions to define a sound and complete contract. agreement, the following provision in all contracts: 1. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies 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. WAGES Contractors are required to comply with the Texas prevailing wages requirements established in Government Code Ch. 2258. WORKERS' COMPENSATION 28 The sponsor shall comply with the Reporting Requirements fdr Building or Construction Projects for Governmental Entities of 28 TAC 110.110. Additional information regarding these requirements may be obtained from: Texas Department of Insurance Division of Workers' Compensation (DWC) 7551 Metro Center Drive, Suite 100 Austin, TX 78744-1609 512/804-4000 htto'//www tdi state tx us/wclindexwc.html 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. Comptroller of Public Accounts for tax permits 2. Corps of Engineefs Permit for construction in water of the United States 3. Texas Department of Health approval of new water or sewage systems 4. Texas Commission on Environmental Quality for storm water and air permitting PROGRAM SIGNAGE Appropriate acknowledgement of fund assistance is required. Signage plans must be reviewed and approved by the Department. 1. Temporary Sign -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 acquisition by installation of signs prior to the completion of the acquisition, particularly those involving 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 4' x 8' (four by eight feet). The attached sample reflects the minimum standard requirement. The second line of the sign will indicate whether the project is an 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 following examples) 29 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. (See following examples.) The minimum size is 18" x 24" (eighteen by twenty-four inches). Costs for program acknowledgement signs are reimbursable for approved projects if budgeted in the "Budget Summary." CONSTRUCTION' PHASE Periodic inspections by Recreation Grants staff should be expected. Contract change orders must. be forwarded to the Department 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 Recreation Grants program. 30 ACKNOWLEDGEMENT SIGNS Examples of both temporary and permanent acknowledgement signs are shown below.. Information shown on the examples is the minimum information required. TEXAS RECREATION AND PARKS ACCOUNT (TRPA) TEMPORARY SIGN (Minimum Size - 4' x 8') The (City/County/District) of Public Recreation Site (name of aroiectl Project With Funding Assistance through the TEXAS RECREATION & PARKS ACCOUNT PROGRAM Administered by Texas Parks and Wildlife Department FUNDING TRPA 50% $ 500,000 (CitylCounty/Oistrict50% $ 500.000 Total Project $1,000,000 Source of Program Funds -State Sales Tax on Sporting Goods PERMANENT SIGN OR PLAQUE (Minimum Size -18" x 24"1 JOHN DOE RECREATION CENTER A TEXAS RECREATION & PARKS ACCOUNT PROGRAM PROJECT Sponsored by the (City/County/District) with Funding Assistance through the Texas Parks & Wildlife Department 31 LAND AND WATER CONSERVATION FUND (LWCFI TEMPORARY SIGN (Minimum Size - 4' x 8') The (City/County/District) of Public Recreation Site {name of oroiect) Project With Funding Assistance through the LANDAND WATER CONSERVATION FUND Administered by Texas Parks and Wildlife Department FUNDING LWCF 50% $ 500,000 {Gifu/County/District) 50% $ 500.000 Total Project $1,000,000 PERMANENT SIGN OR PLAQUE (Minimum size 18" X 24") ANYWHERE CITY PARK .~ ~ ''. ~t~tzne~,-nrs, = (LWCF Logo as in Attached Example) CLriSLIiCaT~bS LAND AND WATER CONSERVATION FUND A Cooperative Project for Outdoor Recreation Sponsored by the CITY/COUNTY OF ANYWHERE With Funding Assistance from the TEXAS PARKS AND WILDLIFE DEPARTMENT NATIONAL PARK SERVICE -DEPARTMENT OF THE INTERIOR Dedicated April 1, 2005 NOTE: The LWCF logo is highly encouraged, but is optional. information required on the permanent sign or plaque. officials, staff, consultants, donors, etc. may be added. The above is the minimum If desired, names of local 32 ~' #a:a.: LAND ~ WATER CANS ERVATI ON ~ FUND ~~' 33 BOATING ACCESS TEMPORARY SIGN (Minimum Size - 4' x 8'1 THE (CITY/COUNTY/DISTRICT) OF (SPONSOR'S NAME) A PUBLIC BOATING ACCESS SITE AIDED RAMP SITE AIDED BY THE FEDERAL AID IN SPORT FISH RESTORATION ACT Funded by Federal Gasoline Taxes Paid by Recreational Boaters ADMINISTERED BY TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE U.S. DEPARTMENT OF THE INTERIOR/FiSH 8 WILDLIFE SERVICE. FUNDING Federal Aid 75% $300,000 (Gifu/County/District) 25% $100,000 Total Project $400,000 PERMANENT SIGN OR PLAQUE (Minimum Size - 10" x 12"1 Project Name A Federal Aid In Sport Fish Restoration Act Project Sponsored By The City/County/District of (Sponsor's Name) Texas Parks & Wildlife Department U.S. Department Of.lnterior/Fish 8 Wildlife Service 34 PLANS-AND SPECIFICATIONS CHECKLIST This checklist is designed for use by the consultant, the Sponsor, and the Texas Parks 8 Wildlife Department Recreation Grants staff. 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 will pertain to every project; indicate with an "N/A" where appropriate.) PLANS (Submit one setonly) 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 forall 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. Buildings a. Site Plan -may be combined with other project elements if sufficient detail can be reflected b. Sufficient number of elevations to depict each different view of building c. Minimum of two (2) cross-sections (longitudinal and transverse) including foundation; additional as needed d. Foundation plan including structural details (reinforcing, etc.) 35 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 I. 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 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. 36 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 6y 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.); valve, and piping installation details. Provide control wire/tubing diagram, valve location, etc. as required for automatic type system. Provide detailed specifications of all equipment proposed. 6. Water Systems a. Site plan -may be combined with other project elements if sufficient detail can be reflected b. Profile of 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 installations f. Typical details -.ditch, line installation, etc. 7: Sewage System _ a.. Site Plan -may be combined with other project elements if sufficient detail can be reflected b. Profile of all lines larger than 4" c. Location and details of all manholes and cleanouts 37 d. Indicate size and type of materials e. Details -equipment installation f. Typical details -ditch, line installation, etc. 8. Electrical System _ a. Site Plan -may be combined with other project elements if sufficient detail can be reflected b. Indicate line size and type c. Indicate Primary and Secondary distribution systems d. Building distribution schematic e. Show location and size of all transformers, disconnects, and panels f. Details -equipment installation _ g. Typical details h. Identify any existing overhead lines 9. Telephone, Gas, and Other Utilities _ a. Site Plan -may be combined with other project elements if sufficient detail can be reflected b. Indicate size and type of material c. Details - as required SPECIFICATIONS *1. Addenda (stapled to inside of front cover) "2. Invitation and Instructions to Bidders *3. Special Instructions to Bidders '4. 'Contractor's Proposal Forms 'S. Performance Bond Forms '6. Payment Bond Forms `7. Contract Forms 38 "8. Certificate of Insurance "9. General Conditions "10. Supplementary and/or Special Conditions a. Statement regarding use of program funds b. Equal Opportunity Clause (Non-Discrimination Provision) c. Wage Scale d. Other "11. Detailed Technical.Specifications a. Table of Contents b. Technical Sections - by major project elements and/or craft involved 'Not specifically required on Force Account projects. 39 SAMPLE.RESOLUTION #1 -NATURAL AREA/OPEN SPACElWETLAND CERTIFICATE THE STATE OF TEXAS COUNTY OF XYZ I, Jane M. Doe, being the current City Clerk of the City of XYZ, Texas, do hereby certify that the attached is a true and correct copy of Resolution No. R01-28, passed and approved by the City Council of the City of XYZ, Texas, on the 12"' day of July, 20XX, and such Resolution was duly passed and approved at a meeting open to the public and notices of the meeting, giving the dates, place and subject matter thereof, were posted as prescribed by Government Code Section 551.043. Witness my hand and seal of office this 12th day of July, 20_ Jane M. Doe City Clerk 40 SAMPLE RESOLUTION #2 - NATURAL AREA/OPEN SPACE/WETLAND RESOLUTION NO. R01-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF XYZ, TEXAS, DEDICATING FIVE (5) ACRES OF PARKLAND ALONG THE CREEK/DRAINAGE WAY1N THE XYZ COMMUNITY PARK AS DESCRIBED IN EXHIBIT (A) ATTACHED AS NATURAL AREA/OPEN SPACE/WETLAND FOR PERPETUITY, AS REQUIRED BY THE TEXAS PARKS AND WILDLIFE DEPARTMENT; APPROVING THE TERMS AND CONDITIONS OF THE AGREEMENT; AUTHORIZING ITS EXECUTION BY THE. CITY MANAGER AND MAYOR; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the XYZ City Council desires to provide quality park facilities for the residents of XYZ; and WHEREAS, the City of XYZ has obtained a grant from the Texas Parks and Wildlife Department for the development of a community park and desires to comply with all of the requirements set forth in the grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF XYZ, TEXAS THAT; SECTION 1. In order to fulfill the requirements of the Texas Parks and Wildlife Departments grant to the City of XYZ, the City Council of XYZ, Texas hereby designates five acres of parkland in the XYZ Community Park for Natural Area/Open Space/Wetland SECTION 2. The Mayor of the City of XYZ, along with the City Manager, are hereby authorized to execute the appropriate documents approving the terms and. conditions of the agreement with the Texas Parks and Wildlife Department. SECTION 3. Any prior Resolution of the City Council in conflict with the provisions contained in this Resolution are hereby repealed and revoked. SECTION 4. Should any part of this Resolution be held to be invalid for any reason, the remainder shall not be affected thereby, and such remaining portions are hereby declared to be severable. SECTION 5. This Resolution shall take effect immediately from and after its passage and it is so duly resolved. , 41 DULY PASSED AND ADOPTED by the City Council of the City of XYZ, Texas, on this the 12"'day of July, 20XX. - APPROVED: John M. Smith, Mayor XYZ City Council ATTEST: Jane Doe, Interim City Secretary APPROVED AS TO FORM: Robert Lawyer, City Attorney 42 SAMPLE RESOLUTION #3 - NATURAL AREA/OPEN SPACENYETLAND EXHIBIT "A" Please use copy of Official Site PlanBoundary Map Showing the location of the Natural Area/Open Space/Wetland And/Or Include a Metes and Bound Description specifically outlining the boundaries of the Natural Area/Open Space/Wetland. 43 (SAMPLE) EXHIBIT "A" All that certain parcel or tract of land situated about 1-1/3 miles southwest from the public square of Sulphur Springs in Hopkins County, Texas, a part of the Jose Y'Barbo Survey, A- 1102, and described by metes and bounds as follows: BEGINNING at a point in the east boundary Tine of that certain 27-acre tract of land set aside to Robert E. Lanier in deed of partition dated April 17, 1972, from Carrie Sue Lanier et al, to each other, of record in Vol. 340, page 281, Deed Records of Hopkins County, Texas, South 1 deg. 20 min, east 208.7 feet from the northeast corner of the aforesaid 1-acre tract devised to George Walter Greenway; THENCE South 89 deg. 10 min. west with the south boundary line of the aforesaid )- acre tract, 208.7 feet to the southwest corner of said 1-acre tract, for the northwest corner of this tract; THENCE South 1 deg. 20 min. east and parallel with the east boundary line of said 27- acre tract, 208.7 feet to a point for the southwest corner of this tract; THENCE North 89 deg. 10 min. east and parallel with the north boundary line of said 27- acre tract 208.7 feet to a point in the east boundary line of said 27-acre tract, for the southeast corner of this tract; THENCE North 1 deg. 20 min. west with the easf boundary line of said 27-acre tract, 208.7 feet to the place of beginning. (THIS DOCUMENT STAMPED AND RECORDED AT THE COUNTY COURTHOUSE) 44 Section 5 REIMBURSEMENT PROCESS 45 REIMBURSEMENT FLOW CHART Prepare Reimhursement Request Using Checklist Submit to Recreation Grants Branch Texas Parks & Wildlife Department Recreation Grants Performs Desk Audit of Reimbursement Request Recreation Grants Branch Requests Additional Information Submit Additional Information Recreation Grants Branch Processes to State Comptroller State Comptroller Processes Payment Recreation Grants Branch Sends Payment or Notice of Electronic Funds Transfer to Sponsor 46 GR~+NT~RElMBURSEMENT PROCEDURES 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, quarterly if possible, to prevent large outstanding grant balances. The minimum reimbursement request amount is $10,000 for construction projects. Project sponsors should be aware of their project agreement expiration date. Expenses incurred after the expiration date are not eligible 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 RECREATION GRANTS BRANCH. GENERAL REIMBURSEMENTINFORMATION 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, please contact the Recreation Grants Fiscal Section. The Department will reimburse up to 95% of grant funds before the final audit and inspection. Please advise the Recreation Grants Branch, in writing, at the time the final reimbursement request is submitted so that the Department can schedule the final audit and inspection. Please refer to the Project Closeout Checklist for further guidance. The sponsor is required to retain financial records for three (3) years after the final reimbursement. The sponsor's records are subject to audit. SINGLE AUDIT It is the responsibility of the grant sponsor to-have a Single Audit done annually according to the Texas Single Audit Circular for state funded projects and according to OMB Circular A-133 for federally funded projects. A copy of this audit must be furnished to the Department when completed. Contact Recreation Grants for any questions regarding this audit: 47 ALLOWABLE EXPENDITURES Costs must be necessary and reasonable for proper and efficient operation of the grant project, be an allowable expense toward project construction, and not be a general operating expense required to carry out the overall responsibilities of state or local government. Expenditures must be authorized (or not prohibited) under state or local laws and regulations. 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. Grant records should be maintained according to generally accepted accounting principles. The Department limits total reimbursement of professional fees not to exceed. 12% of the total project construction cost. This allows the Department to allocate more funds to recreational facilities.. All professional 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. Appraisal costs are allowable up to 5% of appraisal value or maximum of $10,000.00, whichever is less. 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. NON-ALLOWABLE EXPENDITURES Expenditures must not be charged or eligible to be charged to any other grant-financed program unless permitted by guidelines administering that particular program. Ceremonial or entertainment expenses Expenses for publicity (except for competitive bid advertisement) Charges in excess of the lowest bid, when competitive bidding is required by law, unless the Department agrees in advance to the higher bid Charges for deficits or overdrafts Taxes for which the sponsor is not liable to pay Interest expenses Damage judgments arising out of the acquisition, construction, or equipping of a facility, whether determined by judicial decision, arbitration, or otherwise Incidental costs relating to acquisition of real property and of interests in real property, such as the cost of legal fees and relocation costs Operation and maintenance costs of recreation areas and facilities 48 The value of personal properties, unless specifically approved in advance by the Department Cost of discounts not taken and finance charges 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 Employee facilities, including residences, appliances, office equipment, furniture, and utensils Donations or contributions made by the sponsor, such as to a charitable organization Salaries and expenses and other administrative costs of a political subdivision, not related to project construction Fines and penalties Any costs related to the collection ofan unpaid debt Any indirect costs SUPPORTING DOCUMENTS 1. Bid Advertisement and Tabulation A copy of the published bid advertisement and the tabulation- of all bids received. are required. 2. Contract Documents A copy of the executed contract(s), and all change orders issued on the contract must be submitted. 3. Invoices The invoice must 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 break out of each element must be noted. 4. Contractor's Application for Payment A copy of the contractor's application for payment or voucher must be submitted. 5. Proof of Payment Adequate proof of payment, such as cancelled checks, bank statements, or wire transfers are required for proof of payment. The amount charged to the grant project must be clearly defined 49 6. 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 time sheets are certified by the foreman or responsible official . A) Personnel: The disbursements for this section of the form will be obtained from the 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 are for the sponsor's use; only submit the Weekly Work Record designating days worked to the Department. B) Equipment: A brief description of the equipment, including costs 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. D) Certification: The work record must be certified by the sponsor. (Individuals donating labor must sign the work record form as certification.) 7. Certification of Donated Labor or Service When an individual is donating labor or service in their specialized trade such as electrician, brick layer, carpenter, etc., a "Certification of Donated Labor or Service" must be completed and submitted with the signed work record for reimbursement 8. Spreadsheet An accounting spreadsheet prepared by the sponsor is required 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 spreadsheet will aid the Department in expediting payments. 9. Budget Summary A copy of the Budget Summary will be provided by the Department. The reported costs of the Budget Summary are the actual project costs to date. The total of the "Construction" section will show actual costs, and retainage be deducted from this total, if it applies, on each summary report. The summary will be used fior 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 may be expended per line item. However, reimbursement will not exceed total project agreement cost. 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 Budget Summary construction elements for each bid item. 50 10. Certification of Project Completion Wheh submitting a final reimbursement Completion' must be included. request, a notarized "Certification of Project 11. 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 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 lowest bidder, the sponsor must submit in writing, for Department approval, justification as to why the purchase should not be awarded to the lowest bidder. 12. Equipment Use: The rates established by the Department are derived from the Federal Emergency Management Agency (FEMA) "Schedule of Equipment Rates' http://www.fema.gov/government/grant/pa/egrates. shtm The sponsor should furnish the following information to the Department. (See page 64.) A. Year and model B. Size and/or capacity C. Horsepower D. Single or tandem drive E. Wheeled ortrack-mounted F. Weight 13. 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. 14. In-Stock Materials: If the sponsor uses materials from warehouse stock, a list must be furnished to the Department giving description of materials, 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. 51 CONSTRUCTION METHODS CONTRACT BID CONSTRUCTION The sponsor must comply with the Local Government Code Ch. 252, 262 requirements governing advertisement of bids. It is the responsibility of the sponsor to adhere to all local, state, and federal laws and regulations regarding bidding procedures. These procedures generally require award of a construction contract to the lowest qualified bidder. Prior to awarding'a cohtract to other than the lowest bidder, the sponsor must submit in writing, for Department approval, justification as to why the contract should not be awarded to the lowest bidder 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. 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. Fringe benefits may be computed on a percentage of total payroll, provided the method of determination is approved. The sponsor's payroll records may be verified at the final audiUinspection. CONSTRUCTION BY DONATION Labor or Services: The value of donations may be used only to meet cost sharing or matching requirements. 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. Donated labor or services will be recognized for matching purposes at the local common laborer wage, minimum wage or 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 tabor 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. The "Certification of Donated Labor or Service" form must be completed and submitted with a signed force account work record. r performed by individuals from correctional institutions must be documented in writing by an officer of the correctional institution. Documentation will be reviewed and approved by the Department before reimbursement. 52 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. Equipment: Donated equipment use will be reimbursed at rates established by the Department, providing that 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 amount is the normal price charged all customers. ~3 LAND ACQUISITION REIMBURSEMENT CHECKLIST After grant approval and Department approval of an independent appraisal prepared in accordance with the Texas Recreation and Parks Account Program procedures, the following information is required before payment can be made to the sponsor for acquisition projects: 1. Project Construction Plaris and Specifications must be approved by the Department before reimbursement will be made for land donations. 2. Statement of Just Compensation for land purchases and/or; 3. Statement of Donor for land donations 4. Proof of ownership and legal rights obtained: One photocopy of the executed, recorded deed 5. Title Policy (if obtained) , 6. Proof of payment 7. Budget Summary showing acquisition value of the land 8. A current status report must be on file Treatment of Land Donation Reimbursement after Expenditures Submitted Sponsors may not make a profit from donations. Land donations will be reimbursed after the sponsor has made other cash- payments for the project. The matchable amount for land donation equals the amount of the cash expenditures or the value of the land donation as approved by the Department, whichever is less. 54 REIMBURSEMENT REQUEST CHECKLIST The sponsor should review this checklist carefully before submitting each request. Reimbursement requests not meeting the prescribed format will be returned to the sponsor. Plans and Permits: Construction plans must be approved by the Department and on file for each construction element of the project for which reimbursement is requested. Registration of plans with TDLR (see page 30) is required before reimbursement of project elements requiring accessibility standards. All other required permits and clearances should be on file with TPWD. 2. Bid Advertisement and Tabulation of All Bids Received: For expenditures requiring competitive bidding, a copy of the 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. Invoices: All invoices must be legible and must identify the project element for which materials or services are being used. A copy of each invoice must be submitted with proof of payment. 5. Contractor's Payment Voucher: A copy of the contractor's estimate must be furnished to the Department supporting the proof of payment. 6. Proof of Payment: Adequate proof of payment is required, such as cancelled checks, bank statement, or wire transfers. 7. Force Account Work Record: The sponsor may use either the Department's Daily or Weekly Work Record (pages 61, 63), or their own. Include the supervisor's signature. Submit copies of Weekly Work Record only. 8. Certification of Donated Labor or Service: A completed Certification of Donated Labor or Service (page 66) must be submitted when requesting reimbursement for donations of a specialized trade or profession. 9. Spreadsheet: A spreadsheet must be provided with each reimbursement request. (page 69) 10. Budget Summary: The sponsor should submit one completed copy of the Budget Summary (page 70) with each reimbursement request. 11. Certification for Reimbursement Request: A completed "Certification for Reimbursement Request" form must be submitted with each reimbursement request (page 67) to insure that each period reimbursement is true and correct. 12. Quarterly Status Report A current quarterly status report must be on file at the time of reimbursement request. 55 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. 4. All facilities must meet accessibility requitements. Final acceptance is subject to approval by the Texas Department of Licensing and Regulation. _ 5. A notarized Certificate of Project Completion (page. 68) must be furnished to the Department certifying that all bills have been paid. 56 REIMBURSEMENT FORMS 1. Daily Work Record 2. Weekly Work Record 3. Equipment Listing 4. Certification for Donated Labor or Service 5. Certification of Recreation Grants Reimbursement Request 6. Certification of Project Completion 7. Spreadsheet 8. Budget Summary Note: A Budget Summary will be furnished after the execution of a grant agreement. The 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 or you can develop your own as long as the same information is provided. 57 DAILY WORK RECORD Project Number: Date: Department: Foreman or Supervisor: Nature of Work: Project Element: Location: PERSONNEL SIGNATURE Name Hours Rate Cost PAYROLL SUMMARY EQUIPMENT RECAPITULATION Unit Hours/ Miles Rate Cost Cost Personnel E ui ment Note for equipment: Sponsor must have cost records or use approved Department rates. Rates will be furnished by the Department upon written request. Fringe Benefits" OTAL 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: Method of obtaining fringe benefits must be furnished to the Department. Signature, Protect Officer or Supervisor 58 Sample)-DAILY WORK RECORD Project Number: 50-009999 Date:. 6/1/2005 Department:: Parks and. Recreation Department Foreman or Supervisor: Nature of Work: Water Line Construction John T. Jones Project Element: ConsUuction Location: Anywhere, Texas PERSONNEL- SIGNATURE Name Hours Rate Cost John Doe 4 $11.76 $47.04 Jonas Doe 8 $10.74 $85.92 Jose h Doe 7 $9.89 $69.23 Jonathan Doe 9 $12.41 $111.69 PAYROLL SUMMARY $313.88 EQUIPMENT RECAPITULATION Unit Tractor with Grader Hours/ Miles 8 Rate $4.76 Cost $38.08 Personnel Cost $313.88 E ui ment $38.08 Note for.equipment: Sponsor must have cost records or use approved Department rates. Rates will be furnished by the De artment u on written request. Fringe Benefits' 9.74% TOTAL $30.57 $382.53 I certify that the above named employees were on the payroll of the Citv of Anvwhere on the date showri and that these employees and the above listed equipment were used on Project Number 50-009999 Anvwhere Citv Park Project. "Fringe Benefits: Method of obtaining fringe benefits must be furnished to the Department. Signature, Project Officer or Supervisor 59 WEEKLY WORK RECORD Period From: Project Number: Em to ees Hours Worked Through: Nature of Work: Em to ee Name S M T W T F S Total Hours Hourly Rates Amounts Si nature onl if donated Total Fringe Benefits Total Employee Cost Total Total Equipment 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. Signature, Project Officer or Supervisor GO ~l'EXAS" vnansi a~ ', ~WILDLIFR' EQUIPMENT LISTING Sponsor: Project Name: Project Number: Year MakelModel Descri lion Combined WeI ht Ca aci Size/H.P. Singlet Tandem Wheeled or Track-Mounted Cost Code No. Asst ned Rate Please indicate if the a ui ment has been urchased with local, state, or federal funds. 61 (Sample- EQUIPMENT LISTING Sponsor: City of Anywhere Project Name: Anywhere City Park Project Number:• 50-009999 Year 1977 Make/Model International Descri tlon Dum Truck Combined Wef ht Ca aci 2.5-ton SizelH.P. Single/ Tandem Sin le Wheeled or .Track-Mounted Wheel Cost Code No. Asal ned Rate 1984 Mack Dum Truck 5-Ton Tandem Wheel 1964 Case Tractor 95•H.P. Wheel Please indicate if the a ui ment has been urchased with local, state, or federal funds. 62 ~~J CERTIFICATION FOR DONATED LAEOR 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 SeNICe for _ (Proied Name) Project Number) i5 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. SponSOr By Signature of Donor (Pont or Type~Name and Title) Date 63 a TEXAS RECREATION AND PARKS ACCOUNT CERTIFICATION FOR RECREATION GRANTS REIMBURSEMENT REQUEST 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 Account 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. POLITICAL SUBDIVISION By Signature (Print or Type Name and Title) AMOUNT REQUESTED: Date 64 I~~ CERTIFICATION OF PROJECT COMPLETION STATE OF TEXAS COUNTY OF BEFORE ME, a Notary Public in and for County, Texas, on this day personally appeared whose office or title is and who after having been by me duly sworn, upon his/her oath deposes and says: 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 Gaims 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., 20_ NOTARY PUBLIC IN AND FOR COUNTY, TEXAS 65 (Sample) SPREADSHEET FOR BUDGET SUMMARY Sponsor: Clty of Anytown Proj@Ct Neme: Anytown Clty Park Project Number: so-oossss Request Number: i Perlod: vz/os-a/a/os Dates 1/2/05 2/8/05 2/9/05 3/1/05 12!12/05 - 12/15/05 Pa ee James En ineerin John Doe A to Z Utilities Tin 's Contractin ,Inc. "Total Force Account Check Number 234567 234570 234572 234580 N/A 1A A/E $300.00 2A Site Pre $1,000.00 2B1 Water $800.00 $102.65 282 Electrical $6 000.00 2D Restroom 4 800.00 Retains a 480.00 Total $300.00 $1,000.00 $6,800.00 $4,320.00 $102.65 TOTAL $300.00 $1,000.00 $902.65 $6,000.00 $4,800.00 -$480.00 $12,522.65 "Force Account: Daily Work Records for Force Account Work can tie consolidated on a spreadsheet. The spreadsheet total should be for the reimbursement request period. To facilitate the fnal audit and inspection, the Force Account records must be tabulated on a daily basis. 66