HomeMy WebLinkAbout01.03.1995 Friendswood Pool & Fitness Center Project Number 20-00106TEXAS
COMMISSIONERS
PARKS AND WILDLIFE DEPARTMENT
EDWIN L, COX, JR.
4200 Smith SOW Road Austin, Tablas 70744
CHARLES D. TRAVIS
Chairman, Athens
Executive Director
GEORGE R. DDLIN
Viiee•Chai€man, Houston
January 3, 1985
WM. D. BRAECKLEIN
Dallas
WM. L. GRAHAM
Honorable Ralph L. Lowe
Amarillo
Mayor of the City of Fri endswood
RICHARD R. MORRISDN, 111
109 Wi l l owi ck
Clear Lake City
Fri endswood, Texas 77546
W. 8, OSBORN, JR.
Santa Elena
Re: Fri endswood Pool and Fitness Center
Project Number 20-00106
PERKINS D. SAMS
Midland
Dear Mayor Lowe:
OR, RAY E, SANTOS
Lubbock
The executed project agreement for the above referenced project,
WM. M. WHELESS, III
which constitutes the official approval, is enclosed.
Houston
The enclosed instructions with attachments are provided for
guidance and compliance as you proceed with the project.
Plans and specifications must be approved by the Department
before construction can begin, Attention is also invited to
the enclosed Rule 127,50.08.001, Guidelines for Administration
of Local Land and Water Conservation Fund projects, which is
also adopted for use for the Texas Local Parks, Recreation and
Open Space Fund program. These guidelines require a quarterly
status report for the project with the first report due three
months from the date of this letter, In addition, it is
requested you complete the project completion schedule and
return it to the Department.
The Department's Grants-ir.-Aid';ranch will monitor this project.
In the future, all correspondence concerning the project should be
directed to Tim Hogsett, who is head of this branch in the
Department.
Your actions to provide outdoor recreational facilities for your
citizens are to be commended.
Sincerely,
Cha les D. Tr vis
Executive Director
CDT: RE: js
Enclosures
L+ovi err
TEXAS PARKS AND WILDLIFE DEPARTMENT
Texas Local Parks, Recreation, and Open Space Fund Agreement
Texas Parks and Wildlife Department Number.
Project Name Friendswood Pool and Fitness Center
Project PeriDd
Project Cost
12-15-83 to 8-31-87
$800,000
20-00106
Approved State Funds
$400,000
The undersigned political subdivision agrees to furnish the Department a comprehensive
report detailing the present and anticipated use of the property, any contiguous
additions to the property and any major changes in the character of the property,
including the extent of park development which may have taken place. This report will
be furnished on the anniversary date of the grant (date the Department signed this
project agreement) for five years.
PROJECT SCOPE (Description of Project)
The City of Friendswood will acquire 3.66 acres of land by donation and further
develop Friendswood Park to include site preparation, utilities, parking, bathhouse,
service/storage building, .25 mile jogging/fitness course, playground, 50 meter swimming
pool and children's pool, fencing, landscaping and signs.
Pre -agreement costs incurred from 12-15-83 to the date of project approval in the amount
not to exceed $400,000 shall be allowable under this agreement.
A permanent recognition sign/plaque is required to be maintained at the project site.
ALL UTILITY LINES WILL BE PLACED UNDERGROUND,
The following attachment is hereby incorporated into this Agreement General
Provisions dated June, 1980
r
* STATE OF TEXAS
BY
har' es avis
TITLE Executive Di ector
DATE 1-3-85
DATE
* POLITICAL SUBDIVISION *
CITY OF FRIENDSWOOD
NAME OF POLIT CAL SUBDIVISION
Ralph L. Lowe, Mayor
NAME AND TITLE TYPE
M
CERTIFICATE OF LAND DEDICATION FOR PARK USE
OF Program)
This is to certify that a permanent record shall be kept in the
City of Friendswood public property records and available for
city, county, other-)
public inspection to the effect that the property described in the scope
of the project agreement for Friendswood Pool & Fitness Center (project
name of park
Number 20-00 106 ), and the dated project boundary map made part of that
agreement, has been acquired or developed with Texas Local Parks, Recreation,
and Open Space Fund Program assistance, and that it cannot be converted to
other than public outdoor recreation use without the written approval of the
Executive Director of the Texas Parks and Wildlife Department,
S-i'gnature
Ralph L. Lowe, Mayor
Name and Title type
Da to
OF 6700 --2 (6/80)
t 4601-LPF (5-80) 1
11
TEXAS LOCAL PARKS, RECREATION, AND OPEN SPACE FUND PROJECT AGREEMENT
General Provisions
Part I - Definitions
A. The term "Department" as used herein means the Texas Parks and Wildlife
Department.
B. The term "Director" as used herein means the Executive Director of the
Texas Parks and Wildlife Department, or any representative lawfuly
delegated the authority to act for the Executive Director.
C. The term "Project" as used herein means a single project which is the
subject of this project agreement.
D. The term "Participant" as used herein means the political subdivision
which is party to the project agreement.
E. The term "Fund" as used herein means the Texas Local Parks, Recreation,
and Open Space Fund.
F. The term "Procedural Guide" as used herein means the Procedural Guide
for the Land and Water Conservation Fund Program.
Part II - Continuing Assurances
The parties to the project agreement specifically recognize that the Texas
Local Parks, Recreation, and Open Space Fund assistance project creates an
obligation to maintain the property described in the project agreement
consistent with the Texas Local Parks, Recreation, and Open Space Fund Act
and the following requirements:
A. The Participant agrees that the property described in the project
agreement and the dated project boundary map made part of that agreement is
being acquired or developed with Fund assistance, and that it shall not be
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A
converted to other than public recreation use but shall be maintained in
public recreation in perpetuity or for the term of the lease in the case of
leased property.
B. The Participant agrees that the benefit to be derived by the State of
Texas from the full compliance by the Participant with the terms of this
agreement is the preservation, protection, and the net increase in the
quality of public recreation facilities and resources which are available
to the people of the State, and such benefit exceeds to an immeasurable and
unascertainable extent the amount of money furnished by the State by way of
assistance under the terms of this agreement.
C. The Participant agrees that the property and facilities described in
the project agreement shall be operated and maintained as prescribed by
Appendix N of the Procedural Guide.
D. The Participant agrees that a permanent record shall be kept and
available for public inspection to the effect that the property described in
the scope of the project agreement, and the dated project boundary map made
part of that agreement, has been acquired or developed with Fund assistance
and that it cannot be converted to other than public recreation use.
F. Nondiscrimination
1. The Participant shall comply with Title VI of the Civil Rights Act
of 1964 and in accordance with Title VI of that Act, no person in the
United States shall, on the grounds of race, religion, color, sex, or
national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination in the use of
any property or facility acquired or developed pursuant to the project
agreement. The Participant shall immediately take any measures neces-
sary to effectuate this provision.
2. The Participant shall comply with Title VI of the Civil Rights Act
of 1964, which in part,
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a) prohibits discriminatory employment practices resulting in
unequal treatment of persons who are or should be benefiting
from the grant aided facility.
b) prohibits discriminating against any person on the basis of
residence.
Part III - Project Assurances
A. Project Application
1. The Application for State Assistance bearing the same project
number as the agreement and associated documents is by this reference
made a part of the agreement.
2. The Participant possesses legal authority to apply for the grant
and to finance and construct the proposed facilities. A resolution,
motion, or similar action has been duly adopted or passed authorizing
the filing of the application, including all understandings and
assurances contained therein, and directing and authorizing the person
identified as the official representative of the Participant to act in
connection with the application and to provide such additional infor-
mation as may be required.
3. The Participant has the ability and intention to finance the non --
State share of the costs for the project. Sufficient funds will be
available to assure effective operation and maintenance of the
facilities acquired or developed by the project.
B. Project Execution
I. The project period shall begin with the date of approval of the
project agreement or the effective date of a waiver of retroactivity
and shall terminate at the end of the stated or amended project period
4
unless the project is completed or terminated sooner in which event the
Project period shall end on the date of completion or termination.
2. The Participant will cause work on the project to be commenced
within a reasonable time after receipt of notification that funds have
been approved and assure that the project will be prosecuted to
completion with reasonable diligence.
3. The Participant will require the facility to be designed to
comply with the minimum requirements for accessibility for the handi-
capped under the provisions of Section 7, Article 601b, V.T.C.S. (S.B.
#111). The Participant will be responsible for conducting inspections
to insure compliance with these specifications by the contractor.
4. The Participant shall secure completion of the work in accordance
with approved construction plans and specifications, and shall secure
compliance with all Federal, State, local laws and regulations.
5. In the event the project covered by the project agreement cannot
be completed in accordance with the plans and specifications for the
project, the Participant shall bring the project to the point of recre-
ational usefulness agreed upon by the Participant and the Director or
his designee.
6. The Participant will provide for and maintain competent and
adequate architectural engineering supervision and inspection at the
construction site to insure that the completed work conforms with the
approved plans and specifications; also, it will furnish progress
reports and such other information as the Department may require.
7. The Participant will comply with the terms of Title II and
Title III, the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646) 94 Stat. 1894 (1970),
and the applicable regulations and procedures implementing such Act
for all real property acquisitions and where applicable shall assure
f
5
that the Act has been complied with for property to be developed with
assistance under the project agreement.
8. The Participant will comply with the provisions of: Executive
Order 11988, relating to evaluation of flood hazards; Executive Order
11288, relating to the prevention, control, and abatement of water
pollution, Executive Order '11990, relating to the protection of
wetlands, and the Flood Disaster. Protection Act of 1973 (P.L. 93-234)
87 Stat. 975.
9. The Participant will assist the Department in its compliance with
Section 106 of the National Historic Preservation Act of 1966 and the
Archeological and Historic Preservation Act of 1966 by
a) consulting with the Texas Historical Commission on the
conduct of investigations, as necessary, to identify
properties listed in or eligible for inclusion in the
National Register of Historic Places that are subject to
affects by the activity, and to notify the Department of the
existence of any such properties, and by
b) complying with all requirements established by the
Department to avoid or mitigate adverse affects upon such
properties.
C. Construction Contracted for by the Participant Shall Meet the
Following Requirements:
1. Contracts for construction in excess of $5,000 shall be awarded
through a process of competitive bidding involving formal advertising,
with adequate purchase description, sealed bids, and public openings.
Copies of all advertisements, bids, and a copy of the contract shall be
provided the Director.
0
2. The Participant shall inform all bidders on contracts for
construction that Program Funds are being used to assist in
construction.
3. Written change orders shall be issued for all necessary changes
in the facility being constructed. Such change orders shall be sub-
mitted to the Department for.review and, if approved, shall be made a
part of the project file and should be kept available for audit.
4. Contracts for construction shall include a provision for
compliance with the Copeland "Anti -kickback" Act.
5. The Participant shall incorporate, or cause to be incorporated,
into all construcion contracts the following provisions:
"During the performance of this contract, the contractor agrees as
foll ows:
"(1) The contractor will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, or
national origin. The contractor will take affirmative action to
insure that applicants are employed, and that employees are treated
during employment, without regard to their race, religion, color, sex,
or national origin. Such action shall include, but not be limited to,
the following: employment, upgrading, demotion or transfer; recruit-
ment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection of training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of
the nondiscrimination clause."
"(2) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, religion, color, sex, or national origin."
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"(3) The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency
Contracting officer, advising the labor union or workers' represen-
tative of the contractor's commitments under Section 202 of Executive
Order No. 11246, as amended (3CFR 169 (1974)), and shall post copies of
notices in conspicuous places available to employees and applicants
for employment."
"(4) The contractor will comply with all provisions of Executive Order
No. 11246, as amended, and the rules, regulations, and relevant orders
of the Secretary of Labor."
"(5) The contractor will furnish all information and reports required
by Executive Order No. 11246, as amended, and by the rules, regula-
tions, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investi-
gation to ascertain compliance with such rules, regulations, and
orders."
"(6) In the event of the contractor's noncompliance with the non-
discrimination clauses of this contract or with any of such rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with
procedures authorized in Executive Order No. 11246, as amended, and
such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246, as amended, or by rule, regulations, or order of
the Secretary of Labor, or as otherwise provided by law."
"(7) The contractor will include the provisions of Paragraphs (1)
through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order No. 11246, as amended, so
that such provisions will be binding upon each subcontractor or
S
vendor. The contractor will take such action with respect to any
subcontract or purchase order as the contracting agency may direct -as
means of enforcing such provisions, including sanctions for noncom-
pliance: Provided, however, that in the event the contractor becomes
involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the
contractor may request the United States to enter into such litigation
to protect the interests of the United States."
D. Conflict of Interests
1. No official or employee of the State or Local Government who is
authorized in his official capacity to negotiate, make, accept, or
approve, or to take part in such decisions regarding a contract or
subcontract in connection with this project shall have any financial
or other personal interest in any such contract.
2. No person performing services for the State or Local Government
in connection with this project shall have a financial or other
personal interest other than his employment or retention by the State
or Local Government, in any contract or subcontract in connection with
this project. No officer or employee of such person retained by the
State or Local Government shall have any financial or other personal
interest in any real property acquired for this project unless such
interest is openly disclosed upon the public records of the State, and
such officer, employee or person has not participated in the acqui-
sition for or on behalf of the Participant.
L. Project Costs
Project Costs eligible for assistance shall be determined upon the
basis of the criteria set forth by the Federal Land and Water
Conservation Fund Program, and House Bill 233, Acts of the 66th
Legislature, 1979.
W
F. Project Administration
1. The Participant shall promptly submit such reports and
documentation as the Director may request.
2. Properties and facilities acquired or developed with Fund
assistance shall be availablQ for inspection by the Department at such
intervals as the Director shall require. The Participant will
promptly submit status reports as required by the Director.
G. Retention and Custodial Requirements for Records
1. Financial records, supporting documents, statistical records, and
all other records pertinent to this grant shall be retained for a
period of three years after final payment; except the records shall be
retained beyond the three-year period if audit findings have not been
resolved.
2. The retention period starts from the date of the final
expenditures report for the project.
3. Microfilm copies are authorized in lieu of original records.
4. The Director, State Comptroller of Public Accounts, State
Auditors Office, or any of their duly authorized representatives,
shall have access to any books, documents, papers, and records of the
Participant which are pertinent to a specific project for the purpose
of making audits, examinations, excerpts and transcripts.
H. Project Termination
1. The Director may temporarily suspend State assistance under the
project pending corrective action by the Participant or pending a
decision to terminate the grant by the Department.
is
2. The Participant may unilaterally terminate the project at any
time prior to the first payment on the project. After the initial
payment, the project may be terminated, modified, or amended by the
Participant only by mutual agreement with the Department.
3. The Director may terminate the project in whole, or in part, at
any time before the date of completion, whenever it is determined that
the Participant has failed to comply with the conditions of the grant.
The Director will promptly notify the Participant in writing of the
determination and the reasons for termination, together with the
effective date. Payments made to the Participant or recoveries by the
Department under projects terminated for cause shall be in accord with
the legal rights and liabilities of the parites.
4. The Director or Participant may terminate grants in whole, or in
part at any time before the date of completion, when both parties agree
that the continuation of the project would not produce beneficial
results commensurate with the further expenditure of funds. The two
parties shall agree upon the termination conditions, including the
effective date and, in the case of partial termination, the portions to
be terminated. The Participant shall not incur new obligations for the
terminated portion after the effective date and shall cancel as many
outstanding obligations as possible. The'Department may allow full
credit to the Participant for the State share of the noncancellable
obligations, properly incurred by the Participant prior to termina-
tion.
5. Termination either for cause or for convenience requires that the
project in question be brought to a state of recreational usefulness
agreed upon by the Participant and the Director or that all funds
provided by the Department be returned.
GUIDELINES FOR ADMINISTRATION OF LOCAL LAND
AND WATER CONSERVATION FUND PROJECTS
127.50.08.001
The Texas Parks and Wildlife Commission, by authority of Sections 13.302 through
13.312, Texas Parks and Wildlife Code, has adopted Rule 127.50.08.001, to read
as follows:
.001. Policy. (a) It is the Commission's policy that the State Liaison Officer
shall administer local projects in accord with the following guidelines, with
interpretation of intent to be made to provide the greatest number of outdoor
recreational opportunities for Texas in accord with priorities of the Texas Outdoor
Recreation Plan:
(1) Local administrative costs shall not be considered as eligible local matching
funds unless circumstances dictate that high priority public needs will not be met
without the full or partial benefit of such in --kind contribution.
(2) A staged project, when requested by the Department, with concurrence of the
sponsor, will be funded in sequential stages when sufficient federal funds are
available, and the sponsor requests activation of a subsequent stage.
(3) When the sponsors request a project be staged due to lack of local committed
funds, only that part of the project which the sponsor certifies funds available
will be supported. Subsequent stages will be submitted for funding as a new
project,
(4) Approved projects shall be pursued in a timely manner by the sponsor, unless
due to extraordinary circumstances beyond the sponsor's control. Failure to meet
the following time frames shall be grounds for the State Liaison Officer to initiate
cancellation of the affected project in order to recommend reallocation of available
funds to other projects:
(A) Acquisition Projects:
(i) Appraisals shall be forwarded to the Department no later than nine
(9) months after receipt of official notice of project approval; and
(ii) After the sponsor has been notified that the appraisal has been
approved, the acquisition shall be completed and reimbursement(s) shall be filed with
the Department no later than twelve (12) months.
(a) Development Projects:
(i) Construction plans and specifications shall be forwarded to the
Department no later than nine (9) months after official notification of project
approval; and
(ii) On -the -ground construction shall begin no later than six (6) months
after the Department by official notification has approved project plans and
specifications.
GUIDELINES FOR ADMINISTRATION OF TEXAS LOCAL PARKS,
RECREATION, AND OPEN SPACE FUND PROGRAM
127.50.09.001
This rule is adopted under the authority of Section 24.005, Texas Parks and
Wildlife Code.
.001. Policy. It is the Texas Parks and Wildlife Commission Policy that the
Executive Director shall administer local projects in accord with the following
guidelines with interpretation of intent to be made to provide the greatest
number of outdoor recreational opportunitites for Texas in accord with priorities
of the Texas Outdoor Recreation Plan. In keeping with this policy, local projects
will not be approved from both the Texas Local Parks, Recreation, and Open Space
Fund and the Federal Land and Water Conservation Fund Program unless extraordinary
circumstances dictate that high priority public needs will not be met without the
full or partial funding of both programs.
(a) Rule 127.50.05.001, the Procedural Guide for Land and Water Conservation
Fund Program, is adopted for the Texas Local Parks, Recreation, and Open Space
Fund Program.
(b) Rule 127,50.08.001, Guidelines for Administration of Local Land and
Water Conservation Fund projects, is adopted for the Texas Local Parks, Recreation,
and Open Space Fund Program, except all references to the State Liaison Officer
shall mean the Executive Director.
Issued in Austin, Texas, on June 6, 1980.
5700(6--80),
TEXAS PARKS AND WILDLIFE DEPARTMENT
ACQUISITION PROJECT PROCEDURES
(Texas Local. Parks, Recreation, and Open Space Fund Program)
Section 301 of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, Public Law 91-646 which established certain procedures
to be followed in the acquisition of real property by Federal agencies or by
other agencies receiving Federal financial assistance will be used in the Texas
Local Parks, Recreation, and Open Space Fund Program. These procedures are to
insure that the seller is informed of and offered the fair market value for his
land and improvements. The following policy and procedure will apply to all
acquisition projects.
a. Two acceptable appraisals meeting the State Procedural Guide
requirements of the Land and Water Conservation Program must be
secured and then approved by the Department before the initiation
of negotiations for the purchase of real property. The seller
must be informed in writing of the value of the property based on
the results of the appraisals. The offer must be not less than
the sponsor's estimate of the fair market value as determined by
the appraisals.
b. The owner or his, or her, designated representative shall be
given an opportunity to accompany the appraisers during their
inspections of the property. The appraisal reports must indicate
whether or not he, or she, accompanied the appraisers.
Responsibilities of Sponsor
The following check list will insure compliance with the Act:
a. The sponsor makes the initial contact with seller to see if the
land is for sale. The original contact should be to determine
if the owner of the property is willing to sell the property for
park purposes. At this point no price should be negotiated. If
the owner is willing to sell he, or she, should be informed of
his, or her, rights and the rights of any.tenants under the Relo-
cation Act (see Title II) and permission should be obtained to
inspect the property and have it appraised. If land is to be
acquired by condemnation, sponsor will be required to follow State
laws regarding the procedures to follow for condemnation.
b. The sponsor obtains information as to whether or not relocation
of owner or tenants will be involved and advises them of their
rights under P. L. 91-646.
c. The sponsor has the land appraised by two independent appraisers
and gives the owner an opportunity to be present during the
inspection of the property by the appraisers. (It is suggested
that appraisers with a professional designation be employed. See
Appendix M of the State Procedural Guide for the Land and Water
Conservation Fund Program.)
d. The sponsor submits the two appraisals for review by the
State. if deemed acceptable by the review, the Department
will concur in both appraisals. if the land is to be
purchased, the governing body of the sponsor will determine
the fair market value of the land which will not be lower
than the low appraisal or higher than the high appraisal.
The fair market value of land to be donated will be deter-
mined by the Department.
e. The sponsor informs the owner in writing of the fair market
value of the property based on the results of the appraisals
using a letter or a standard form similar to the sample
"Statement of Just Compensation." (Attached)
f. The sponsor makes a written offer to purchase the land for
the full amount established as just compensation.
After the project is approved and the State has reviewed the appraisals and
informed the sponsor the land can be purchased, the following documentation is
required for reimbursement:
a. Cover letter stating land has been purchased and requesting
reimbursement.
b. One copy of the Statement of Just Compensation and letter of
offer to purchase.
c. Waiver of Right to Just Compensation (if necessary). This
waiver will be a signed statement by the owner waiving his
right to just compensation and indicating that he, or she,
(1) has been informed of all his, or her, rights and bene-
fits under the Unifrom Relocation Assistance and Real Prop-
erties Acquisitions Policies Act of 1970; (2) has been pro-
vided with a Statement of Just Compensation and a written
offer to purchase for this amount (state the amount); and
(3) is satisfied with the price paid even though it is less
than the approved appraisal of fair market value and the
reasons why he, or she, has elected to accept the lessor
amount.
d. Proof of ownership and legal rights obtained. (One xerox
copy of the deed and. city or county (sponsor) attorney's
............ .
opinion of the title, if not clearly explained in the deed.)
1f you obtain a title insurance policy, send a xerox copy.
e. Proof of payment (one copy of cancelled checks, both sides).
f. Photograph of temporary sign. (See below.)
Temporary Project Acknowledgement
Temporary project signs will be erected for a period of not less than 6 months.
Signs are to be erected after all acquisition and relocation is completed.
-2-
Signs shall be no less than 3 feet by 4 feet (12 square feet) and no larger
than 6 feet by 8 feet (48 square feet). The sign should include the source
percent and dollar amount of all State assistance. It should also include the
source percentage and dollar amounts of all local funds involved. Attached is
a sample of the sign. The second line will indicate that the project is
acquisition.
Enclosures - Temporary Sign
Statement of dust Compensation
-3-
THE CITY OF
Public Outdoor Recreation Sire"
Aided by
THE TEXAS
FOCAL PARK, RECREATION a OPEN SPACE FUND
Administered by the
Texas Parks and Wildlife Department
STATE
City of
Total Project
FUNDING
50 % $ 50,000
5 0% $ 509 000
$1001000
* As Appropriate
** Acquisition, Development, or Acquisition and Development
STATEMENT OF JUST COMPENSATION
Pursuant to ,
(Authority --Political Subdivision Resolution)
is now in the process
(Acquiring Agency)
of acquiring private property necessary for
. Title records indicate that you are
the record owner of real property located in the State of Texas, County of
, more particularly described as follows:
Since your property is within the project area, it is necessary to acquire
the property for this project.
We are prepared to purchase your property subject to any existing Easements
or.Restrictions of record and excepting and reserving the following interests
which will not be acquired and for which no value is included in our estimate of
just compensation.
In compliance with Section 301 of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, Public Law 91-646, an estimate
of just compensation in the amount of $ has been made for the interest
to be acquired in the above described property. This amount is based upon
State -approved appraisals prepared for the acquiring agency and is not less
than the appraiser's opinion of fair market value which he determined after a
personal inspection of your property, at which time, you or your representative
were given the opportunity to accompany him.
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 of values, i. e.,
Just compensation includes amounts for the land, improvements, severance,
if any, and other elements as follows:
LAND
IMPROVEMENTS:
Buildings
Structures
DAMAGE TO THE REMAINDER
OTHER
TOTAL
Any increase or decrease in the market valuation caused by the public
improvement or project for which property is to be acquired, or by the like-
lihood that the project would be acquired for such improvement or project,
other than that due to physical deterioration with the reasonable control of
the owner, has been disregarded in making the determination of just compensation.
Signed
Title
Date
STATEMENT OF OWNER
Acquiring Agency head
I have been given the opportunity to accompany or to designate a
r representative to accompany the appraiser during his inspection of the
property and I understand the amount established is not less than the
appraiser's opinion of fair market value. I have read and understand
the conditions in this statement.
Signed
Owner
Date
Representative of 04mer
Date
Address
(Attachment to Statement of Just Compensation)
INFORMATION FOR LANDOWNERS AND TENANTS
ABOUT BENEFITS UNDER THE UNIFORM RELOCATION
ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES
ACT OF 1970 - PUBLIC LAW 91-646
The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 provides for certain benefits and payments to displaced persons
(landowners and tenants) which result from the sale of land to a government
agency (Federal, State or local). The law provides for benefits and payments
for which you may be eligible in the following areas;
1. Reimbursement of moving and related expenses or certain substitute
payments.
2. Replacement housing allowance under certain conditions.
3. Relocation assistance services to help relocate replacement housing,
farms, or business properties.
4. Reimbursement of certain expenses incurred in selling real property
in which Federal funds are involved.
These payments and benefits are discussed in greater detail in the following
paragraphs.
1. Reimbursement of moving and related expenses.
Displaced owners and tenants are eligible for reimbursement of actual expenses
incurred in moving themselves, their families, and their personal property
from land acquired for Federal or federally --assisted programs. When a com-
mercial mover is used, the reimbursement will be the amount charged. If the
actual expenses are to be claimed, accurate records must be kept and bills
and receipts obtained to support an application for reimbursement of expenses.
Reimbursement for actual moving expenses shall not exceed the estimate or
amount charged by a commercial mover.
In addition to moving expenses, actual direct losses of tangible personal
property as a result of moving or discontinuing a business or farm operation
may be reimbursable but not to exceed the cost of•moving such property.
Owners or tenants displaced from a business or farm operation are eligible
for an additional payment not to exceed $500 for expenses incurred in
searching within a 50-mile radius for a replacement business or farm.
Should an owner or tenant displaced from a dwelling prefer, he may accept
substitute payment of $200 plus an allowance of up to $300 (based on the size
of dwelling moved from) instead of actual moving expenses. A schedule of
allowable payments will be furnished.
Should a displaced person from a business or farm operation prefer, he may
accept a substitute payment instead of actual moving and search for relocation
property expenses of not less than $2,500 nor more than $10,000, based on the
actual net income before income taxes. To qualify as a farm operation, the
farm must contribute, or be. capable of contributing, at lease one-third of
the operators support. To qualify as business it must be shown that (1) it
cannot be relocated without a substantial loss of its existing patronage,
and (2) it is not a part of a commercial enterprise having at least one other
establishment not being acquired by the Government.
2. Replacement housing allowance.
In addition to reimbursement of moving expenses, owners or tenants actually
occupying dwellings on the property acquired by a government agency under a
Federal or federally -assisted program may be eligible for a payment to help
them purchase or rent a decent, safe, and sanitary replacement dwelling.
This payment may be in the form of (A) a differential payment, or (B) a rent
supplement, or (C) a down payment allowance.
(A) Differential payment. A payment which when added to the purchase price
of the dwelling acquired by the Government agency would enable the owner
occupant to acquire a decent, safe, and sanitary dwelling in the same general
area from which he was displaced. The maximum amount that can be allowed for
a replacement dwelling shall in no case exceed $15,000. To qualify for this
payment an owner occupant must have occupied the dwelling for not less than
180 days prior to the initiation of negotiations by the Government agency
(the date the first monetary offer was made).
(B) Rent supplement. The amount necessary, when added to the actual rent
or fair cash rental, whichever is greater, which will enable a displaced
tenant or owner occupant to rent a decent, safe, and sanitary dwelling for
a period not to exceed four years, but in no case shall the total amount of
such payment exceed $4,000. The Government will determine the maximum
amount necessary to rent a replacement dwelling. Total payments in excess
of $500 will be made in four equal annual installments. To qualify for
this payment, a tenant or owner must have occupied the dwelling acquired
by the Government for not less than 90 days prior to the initiation of -
negotiations. An owner occupant of more than 180 days prior to the initiation
of negotiations may elect to receive this payment instead of the differential
payment, but not to exceed the amount he would have received as a differential
payment.
(C) Down payment. The amount necessary to make a down payment for purchase,
including closing costs, on a decent, safe, and sanitary dwelling but not to
exceed $4,000, however, any amount over $2,000 must be matched on an equal
basis by the displaced tenant. The amount required for a dorm payment cannot
exceed the minimum needed in the area for a conventional loan plus closing
costs. The same occupancy qualifications apply for a down payment as for a
rent supplement.
-2-
3. Relocation Assistance.
The Government agency will, to the greatest extent possible, assist displaced
landowners and tenants in locating and becoming established in a decent,
safe, and sanitary replacement housing, and in locating replacement farms and
business properties. It would also provide assistance in completing appli-
cations for moving and other expenses and payments authorized by Public Law
91-646. Should you have questions, the Governments negotiator will be glad
to discuss them with you, or you may write to the State Government office
in charge of Federal or federally -assisted programs.
The Government will, upon request, provide any lending institution, or other
interested party, with a statement of expenses and allowances for which you
as a displaced owner or tenant are eligible under Public Law 91-646.
4. Reimbursement of ex enses incurred in sellina real property when Federal
funds are used. (Relocation expenses only)
Landowners are eligible for reimbursement of certain expenses incurred by them
in conveying title to real property to the Government (Political Subdivision).
The expenses eligible are:
(A) Recording fees, transfer taxes, revenue stamps, and notary fees.
(B) Penalty costs for pre -payment of pre-existing recorded mortgages
as may be required to convey a clear title to the Government agency (Political
Subdivision).
(C) The pro.rata portion of real property taxes which would apply to
the period after the date title vests in the Government, or the effective
date of possession by the Government (Political Subdivision), whichever is
earlier.
Tt is the obligation of the landowner to pay these expenses initially, and
then claim reimbursement by application.
-3-
I
1
TEXAS PARKS AND WILDLIFE DEPARTMENT
DEVELOPMENT PROJECT INSTRUCTIONS
(Texas Local Parks, Recreation, and Open Space Fund Program)
General
All plans and specifications must be approved by the Department prior to
invitation to bid and construction. The Architect and/or Engineer
preparing the plans and specifications should be registered and his or her
seal and signature placed on all construction drawings prior to submittal
for Department review. The attached "Plans and Specifications Guidelines"
should be furnished to the Architect or Engineer and accompany the plans and
specifications when they are forwarded for Department review.
When the plans and specifications are completed, forward two (2) sets by
cover letter to the Department with the enclosed Pre -construction
Certificate and Handicapped Accessibility Statement of Intent (see next
paragraph).
Physically Handicapped Requirements
The standards and specifications adopted by the Architectural Barriers
Branch of the State Purchasing and General Services Commission (SP&GSC) to
comply with Section 7, Article 601b, V.T.C.S. are required to be included in
the design of the park facilities. A copy of the standards and
specifications and forms (Statement of Intent) to be accomplished are
enclosed for your information and use. The Statement of Intent form must be
submitted to the Department. with the plans and specifications. The
2
Department will forward to the SP&GSC and return to the sponsor after the
SP&GSC has acknowledged receipt.
Permits
The Participant shall insure that all applicable permits or approvals have
been obtained prior to construction. A copy of these approvals or permits
shall be provided the Department. Examples include, but are not limited to
1) Corps of Engineers Permit for construction in the waters of the United
States, 2) Texas Department of Health approval for swimming pools, 3) Texas
Department of Health approval of new water or sewage systems, 4) Texas
Historical Commission approval of archeological assessment.
Civil Rights
The contractor is required to comply with regulations issued pursuant to the
Civil Rights Act of 1964 with respect to nondiscrimination in assisted
programs of the Department.
The following provisions known as EQUAL OPPORTUNITY CLAUSE are to be
incorporated verbatim in each contract.
"During the performance of this contract, the contractor agrees as follows:
"M The contractor will not discriminate against any employee or applicant
for employment because of race, religion, color, sex, or national origin.
The contractor will take affirmative action to insure that applicants are
employed, and that employees are treated during employment, without regard
to their race, creed, color, or national origin. Such action shall include,
but not limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination;
3
rates of pay or other forms of compensation; and selection of training,
including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of the
nondiscrimination clause.
11(2) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all qualified
applicants will receive consideration for employment without regard to
race, religion, color, sex, or national origin.
"(3) The contractor will send to each labor union or representative of
workers with which. he has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency
contracting officer, advising the labor union or workers' representative of
the contractor's commitments under Section 202 of Executive Order
No. 11246, as amended (3CFR 169 (1974)), and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
I'M The contractor will comply with all provisions of Executive Order
No. 11246, as amended, and of the rules, regulations, and relevant orders of
the Secretary of Labor.
11(5) The contractor will furnish all information and reports required by
Executive Order No. 11246, as amended, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
11(6) in the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized
in Executive Order No. 11246, as amended, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order No. 11246, as
amended or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
11(7) The contractor will include the provisions of Paragraphs (1) through
(7) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order No. 11246, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase
order, as the contracting agency may direct as a means of enforcing such
provisions, including sanctions for noncompliance: Provided, however, that
in the event the contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by
the contracting agency, the contractor may request the United States to
enter into such litigation to protect the interest of the United States."
Program Funds
All bidders will be informed that State funds will be used to assist in
construction. This can be accomplished in the "special provisions" of the
specifications or in the bidding documents.
5
Contract and Bond Requirements
A. For contracts expected to exceed $5,000, public notice shall be
published as required by Article 2368a, V.T.C.S. to solicit
competitive bids.
B. Standard construction practices recommend a bid guarantee from
each bidder equivalent to five percent of the bid price. The "bid
guarantee" shad consist of a firm commitment such as a bid bond,
certified check, or other negotiable instrument accompanying a
bid as assurance that the bidder will, upon acceptance of his bid,
execute such contractual documents as may be required within the
time specified.
C. For contracts exceeding $25,000 the following applies:
1. A performance bond on the part of the contractor for 100
percent of the contract price. A "performance bond" is one
executed in connection with a contract to secure fulfillment
of all the contractor's obligations under such contract.
2. A payment bond on the part of the contractor for 100 percent
of the contract price. A "payment bond" is one executed in
connection with a contract to assure payment as required by
law of all persons supplying labor and materials in the
execution of the work provided for in the contract.
3. In lieu of the bond requirements for contracts less than
$50,000, a provision that no money will be paid to the
contractor until completion and acceptance may be included
in the contract.
01
The Participant shall include, in addition to provisions to define a sound
and complete agreement, the following provisions in all contracts:
A. Contracts shall contain such contractual provisions or conditions
which will allow for administrative, contractual, or legal
remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as
may be appropriate.
B. All contracts, amounts for which are in excess of $10,000 shall
contain suitable provisions for termination by the Participant
including the manner by which it will be effected and the basis
for settlement. In addition, such contracts shall describe
conditions under which the contract may be terminated for default
as well as conditions where the contract may be terminated
because of circumstances beyond the control of the contractor.
Program Acknowledgement
Appropriate acknowledgement of Fund assistance is required.
A. Temporary Signs - All development projects, including combined
projects (acquisition and development) will be signed until
completion of development. In the case of combined projects,
signing can commence at the time development is initiated with
the sign acknowledging both acquisition and development.
Acquisition projects will be signed for a period of not less than
6 months.
7
Publicizing an acquisition project by installation of signs prior
to the completion of the acquisition, particularly those
involving the acquisition of several parcels, could seriously
affect the negotiations for the properties to be acquired.
Therefore, signing of acquisition projects should be delayed
until the acquisition of all parcels is completed and all
relocations have occurred. Development projects should be signed
at the time construction is initiated.
Temporary signs shall be no less than 3 feet by 4 feet (12 square
feet) and no larger than 6 feet by 8 feet (48 square feet). The
attached sample reflects the minimum standard required for the
sign. The second line will indicate whether the project is
acquisition, development or both.
The temporary sign should have a white background with either red
or blue lettering. It is acceptable to use both red and blue
lettering where one color is used to highlight the project
sponsor and the Fund, and the other color for the remaining
lettering.
B. Permanent Signs - Suitable permanent public acknowledgement for
all development projects is required. This acknowledgment will
be in the form of a permanent sign which represents the State --
Local partnership role in creating outdoor recreation
opportunities.
It is suggested that this permanent acknowledgement be in the
form of a plaque to minimize maintenance costs. The wording of
.01
the permanent sign should reflect that shown in the enclosed
suggested layout. Please let us review and approve your plans for
permanent recognition when they are finalized.
Reimbursement
When plans and specifications have been approved by the Department and
construction has been initiated, billing will not be processed until copies
of bid advertisement, bid tabulations and executed contracts are furnished
the Department. The contract must be awarded to the low bidder unless a
request for award of contract to other than low bidder has been submitted to
the Department and approved.
Enclosed is a folder with a project tabular summary and guidelines for
preparation of billings.
Enclosure
o Plans and specifications'guidelines
o Pre -construction Certificate
o Physically handicapped standards w/statement form
o Billing folder
THE CITY OF
Public outdoor Recreation Site"
Aided by
THE TEXAS
LOCAL PARK, RECREATION a OPEN SPACE FUND
Administered by the
Texas Parks and Wildlife Department
.FUNDING
STATE 50% $ 50,000
City of 50% S 502000
Total Project $100 000
As Appropriate
'� Acquisition, Development, or Acquisition and Development
A TEXAS LOCAL PARKS, RECREATION, AND
OPEN SPACE FUND PROJECT
SPONSORED BY:
THE CITY OF ANYTOWN
TEXAS PARKS AND WILDLIFE DEPARTMENT
DEDICATED JANUARY 1, 1983
J.T:.ALDERS -MAYOR
SUSAN JONES-CITY COMMISSION
THOMAS AND GREER- LANDSCAPE ARCHITECTS
PROJECT NAME Friendswood Pool and Fitness Center
20-00106
PROJECT NUMBER
This is a tentative schedule to be used as a guide to the timely completion
of various elements of this project. Complete only those items applicable
to your project. Dates may be revised if necessary. Items of schedule
should be discussed in the Quarterly Status Report. If more than one con-
tractor, combine into one period, Use most accurate dates available when
completing or revising schedule.
ACQUISITION
Project Approval (Official)
PWD Approval of Appraisers
Prepare Appraisal
PWD Review/Approval
Complete Acquisition
Billing for Acquisition
CONTRACT CONSTRUCTION
TIME PERIOD
3 Weeks
APPROX. DATE REMARKS
Esc
TIME PERIOD APPROX. DATE
Project Approval (Official)
Preparation of Plans & Specs
PWD Review/Approval 2 Weeks
Advertise/Receive Bids
Contract Award
Start Construction
First Partial Billing
Complete Construction
Final Billing
FORCE ACCOUNT CONSTRUCTION TIME PERIOD
Project Approval
Preparation of Plans & Specs
PWD Review/Approval 2 Weeks
Start Construction
First Partial Billing
Complete Construction
Final Billing
Prepared by
Revised by
Revised by
APPROX. DATE
REMARKS
REMARKS
Telephone: AC
PWD 424 (4/132) 4601
15
Drinking Fountains and Water Coolers,
are provided, an appropriate number but
accessible route and shall comply with
this section.
If drinking fountains or water coolers
never less than one shall be provided
the standards and specifications of
(1) Appropriate Number. A minimum of 30% of the total number of units
located within a building or facility shall be considered appropriate
provided they are strategically located througout the facility. The
appropriate number of accessible units in exterior locations, such
as in parks and recreational and sports facilities, shall be based
on the total number of units provided and the distance and location
of the units.
(2) Clearances.
(A) For frontal approach, wall and post -mounted cantilevered units
shall have a clear knee space between the bottom of the apron and
the floor or ground, 25 to 27 inches (64 to 69 cm) high, 30 inches
(76 cm) wide, and 17 to 19 inches (43 to 48 cm) deep. Such units
shall also have a minumum clear floor space of 30x48 inches (76x122
cm) to allow a person in a wheelchair to approach the unit facing
forward.
(B) Free-standing or built-in units not having a clear space under
them, shall have a clear floor space in front sufficient in size
to allow a person in a wheelchair to make a parallel approach to
the unit.
(3) Spouts. Accessible drinking units shall have up -front spout outlets
no higher than 36 inches (91 cm) measured from the floor. The spout
shall direct the water flow in a trajectory that is parallel or nearly
parallel to the front of the unit. The spout shall provide a flow of
water approximately 4 inches (10 cm) high so that a cup or glass may be
inserted under the flow of water.
(4) Controls. Controls shall be up -front no higher than 36 inches (91 cm)
nor lower than 28 inches (71 cm) above the floor. They shall be operable
with one hand and shall not require tight grasping, pinching or severe
twisting of the wrist. The force required to activate controls shall be
no greater than 5 .l bf.
4601 •(Rev.' 4-82 )
STANDARDS FOR FACILITIES USABLE BY PHYSICALLY HANDICAPPED
The attached standards and illustrations are extracted from standards
established by the State Purchasing and General Services Commission.
This extract is not intended to show all the standards but to highlight
those most commonly encountered in our program. For a complete set of
the standards, contact the Architectural Barriers Branch, State Purchasing
and General Services Commission, P. 0. Box 13047, Austin, Texas 78711.
Phone 512/475-2943.
1
Parking and Passenger Loading Zones,
(1) Appropriate Number. The appropriate number of parking spaces should
be based on the location and function of the buildings or facilities
the parking is to serve but never less than the number specified below:
TABLE (e)1
Minimum Number
Total Parkin S aces Available of Accessible Spaces
1 - 50 1
51 - 100 2
101 - 300 3
(2) Location. Accessible parking spaces and accessible passenger loading
zones that serve a particular building should be located on an accessible
Circulation route and as near as possible to the accessible primary
entries of the building or facility.
(3) Parking Space Specifications. An accessible parking space is one that
is open on at least one side and which allows room for individuals in
wheelchairs, crutches or braces to safely get in and out of a vehicle
onto a level surface suitable for wheeling and walking. Accessible
parking spaces should not be located in such a place that would cause
persons to wheel or walk behind parked cars.
(A) Head -in or diagonal spaces shall be at least 96 inches (244 cm)
wide with an adjacent aisle or clear space of at least 60 inches
(152 cm) wide. A common aisle between two 96 inch wide spaces
may be shared. See Figures (e)1.1 thru (e)1.4. In order to
better accommodate handicapped persons using vans with side lifts,
an aisle of 72 inches (183 cm) is preferred.
(B) Parallel parking is discouraged except when it can be situated
in such a manner that persons entering and exiting vehicles
will be out of the flow of traffic.
(C) Parked vehicle overhangs shall not intrude into or reduce the
clearance of accessible routes. See Figure (e)1.
(D) Parking surfaces and accessible aisles shall not have a slope
in any direction in excess of 1:50 (2%).
(E) Accessible parking spaces shall be identified and reserved
for the handicapped by a sign incorporating the symbol of
accessibility and placed so that it will not be obscured by
parked vehicles. The signage shall be of such size that it is
legible from a distance that would be reasonable for the condition.
See Figure (e)3 for an example of an acceptable sign.
i
318 3I8 3
1 112
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BACKGROUND
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12
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FIGURE (f) )
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5
N
Ramps. Any part of an accessible route with a slope greater than
1:20 (5%) shall be considered a ramp and shall comply with this section.
EXCEPTION: Sloped surfaces less than 6%
and less than 30 feet (9 m)
in length may be acceptable.
(1) Slope and Rise. Ramps shall not exceed the slope and rise ratios
set out in Table (h).1.
(2) Width. The minimum clear width of a ramp shall be 48 inches (122 cm).
EXCEPTION: Single run ramps not in excess of
30 feet (9 m) in length may have
widths of no less than 36 inches
(91 cm).
(3) Landings. Ramps shall have level landings at the bottom and top of each
run complying with the following:
(A) The landings shall be at least as wide as the widest ramp
run leading to it.
(B) The landing length shall be a minimum of 60 inches (152 cm) clear.
(C) There shall be a level landing of at least 60x6O inches (152x152 cm)
wherever ramps change direction.
(4) Handrails. Any ramp or portion of a ramp having a horizontal projection
greater than 72 inches (183 cm) shall have handrails on both sides. Hand-
rails are not required on curb ramps. Ramp handrails shall comply,with
this paragraph.
(A) Handrails shall be provided along both sides of ramp segments.
The inside handrail on switchback or dogleg ramps shall always
be continuous.
(B) Where handrails are not continuous, they shall extend at least
12 inches (30 cm) beyond the top and bottom of the ramp segment.
and shall be,parallel with the floor or ground surface. Full
extensions shall not be required where such exceptions would
create protruding hazards.
(C) Handrails that are wall -mounted or are located adjacent to another
surface of object, shall have a clear space between the rail and
wall surface or object of at least 11 inches (4 cm).
(D) Handrail gripping surfaces shall be continuous without interruption
by mounting brackets, mullions, or newal posts,
0
Toilet Rooms. When toilet facilities are provided, an appropriate number
but never less than one shall comply with this section.
(1) Appropriate Number and Location. At least 20% of the total number of
restroom units within a building or facility, shall comply with the
standards and specifications of this section and shall be located in
places considered equitable to the remaining units. Accessible men's
and women's restrooms shall be required except in buildings and facil-
ities where only unisex restrooms are provided.
(2) Doors and Entrances. All doors to and within applicable toilet rooms
shall comply with Section on Doors. Doors shall not swing into the
clear floor space required for any fixture. Alcove or vestibule
entries in applicable toilet rooms shall comply with Section on Doors,
and shall not have door configurations in conflict with that section.
(3) Clear Floor Space. All applicable fixtures and controls required by
this section to be accessible, shall be on an accessible route. An
unobstructed turning space of at least 60x60 inches (152xl52 cm) shall
be provided in all applicable toilet rooms. The clear floor spaces at
fixtures and controls, the accessible route, and the turning space may
overlap provided the clear space under fixtures is at least 27 inches
(68 cm) above the floor.
(4) Toilet Stalls. If toilet stalls are provided in toilet rooms required
to be accessible, then a reasonable number but always at least one
shall:
(A) be on an accessible route.
(B) have the size and arrangement complying with appropriate standards
and specifications and in the configurations illustrated in Fig-
ures (1) 1.1 and (1) 1.2.
(C) have a toe clearance of no less than 9 inches (23 cm) under the
front partition and at least one side partition. If the depth
of the stall is greater than 60 inches (152 cm), then a toe clear-
ance is not required.
(D) If doors are provided, they shall be outswinging and shall comply
with Section on Doors. Door openings greater than 32 inches shall
be required when the approach and turning requirements restrict
wheelchair movement. Maneuvering clearances at stall openings
shall be as shown in Figure (1) 1. To make it easier for users to
close toilet stall doors, it is recommended that spring hinges,
closers, or pull --bars mounted on the inside surface of the door
near the hinge side be provided.
11
(A) Height. Urinals shall be floor -mounted or wall -hung with
an elongated rim mounted no higher than 17 inches (43 cm).
(B) Clear Floor Space. A clear floor area of at least 30x48
inches (76x122 cm) shall be provided in front of urinals
to allow a forward approach.
(C) Flush Controls. Flush controls shall be hand -operated and shall
be mounted on the wide side of the toilet area no more than
44 inches (112 cm) nor less than 28 inches (71 cm) above the
floor.
(7) Lavatories. If lavatories are provided, a reasonable number but always
at least one shall comply with this paragraph. Lavatory approach
accessibility may be satisfied by complying with either sub -paragraph
(A) or (B) below.
(A) Frontal approach accessibility shall be achieved by complying
with the height and space requirement shown in Figures (1)4.1 and
(1)4.2.
(B) Side approach accessibility can be achieved by complying with
the height and space requirements shown in Figures (1)4.3 and
(1)4.4.
(C) Hot water and drain pipes under lavatories shall be insulated
or otherwise covered and there shall be no sharp or abrasive
surfaces under the lavatories.
(p) Faucet controls and other operating devices relative to the use
of lavatories, shall be within the reach limitations prescribed
in Section (c) and as shown in Figure (1)4. Faucet controls
shall be operable with one hand and shall not require tight
grasping, pinching or severe twisting of the wrist. The force
required to activate controls shall be no greater than 5 lbf.
Lever -operated, push -type, and electronically controlled
mechanisms are examples of preferred designs. Self -closing
valves shall remain open for at least ten (10) seconds.
(8) Toilet Room Fixtures and Equipment.
(A) Mirrors. If mirrors are provided, an appropriate number but
never less than one, shall be mounted so that the bottom edge
is no higher than 40 inches (102 cm) from the floor. They
shall be mounted on an accessible route at a location consistent
with that of other mirrors in the same restroom.
EXCEPTION: Mirrors having a permanent (fixed)
tilt may be mounted higher than the
prescribed height provided the viewing
level is equal to the 40 inch (102'cm)
height at a distance of approximately 48
inches (122 cm). See Figure (1)5.
13
r
(1) I , 2
1( stall door width is:
32 in (01 cm),Y shall be 40 in (102 cm) min. ;
36 in (9) (m),Y shall 6. 36 in (9) cm) min
T3 in r
(1) 1 .3 5 2 min
3i
FIGURE (1) 1
32 min
_��8saq
Lf
I�iIN
FIGURE (1)_-
48 min
2
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'TP;_, xM0 GENERAL SERVICES C0'MI5SI0iQ +BC--30057-80
p, 0, Box 1AU471 Capitol Station
;Austin, -texas 78711
Handicapped Accessibility
Statement of Intent
1 the undersigned building owner or authorized
agent, having examined Section 7, Article 601b, Vernon's Texas Civil Statutes, am
familiar with the provisions thereof, and do hereby notify the State Purchasing and
General Services Commission of the below described project and certify that I will
perform, or cause to be performed, all services necessary to complete said project
so that it will comply with the provisions of the aforementioned statute.
ILDING OWNER/PUB
MAILING ADDRESS
NAME OF BUILDING OR pACILITY
EST. DATE OF COMPLETION
LOCATION (ADDRESS) OF nUILD1111 0'' FACILITY
ARCHITECT F, MAILING ADDRESS
PROJECT DESCRIPTION
Signed oil this the _ day of
By:
Name or An, C of Building Owner Title:
CITY ZIP CODE COUNTY
, 19
Signature of Authorizcd'Wnit
Received by the State Purchasing and General Services Commission this
day of 19—
'i'FiIS FOIE 1S ADOPTED IN ACCORDANCE WITH BOARD RULE: 580 PROMULGATED UNDER PIE JTQ z5 UA
OV '_RiICLE 601b, SUPRA, AND IS TO ACCOMPANY THE, PROJECT PLANS AND SPEECIFICATIGNS iti 0!E
ARE SUSAEI'I'I-FD TO THE COgE,JJSSION FOR REVIEW.
I m,ried i R t c ly IAI)OIz COMPI e tion of the project, the building owner or his authorized agent
shall furnish the Commission with an accurate and complete statement verifying that the
,ply with the Act. i'urst�rt to
buildings and facilities covered in this project co
Rule 551, the Commis;ion may inspect all subject buildings and facilities ter the purpose
of verifying statements of compliance, Athessibil ssionitY only upon certifications Or ing�of compliance
described in Rule S82, will be issued by
[)ursua1't to such inspections or verifications.
4601 (8-82)
TEXAS PARKS AND WILDLIFE DEPARTMENT
PLANS AND SPECIFICATIONS GUIDELINES
PURPOSE
These guidelines describe the Texas Parks and Wildlife Department's policy
regarding the preparation, review and approval of construction plans and
specifications for development projects undertaken with assistance from the
Department's Grants -in -Aid program.
PLANS REVIEW
Registered Professional Engineers, Architects, and Landscape Architects of
the Department review all plans and specifications. Plans and specifications
must be officially transmitted to the Department from the sponsor by a letter
of transmittal accompanied by a pre -construction certificate.
Plans and specifications will not be considered for review unless they bear
the registration seal of the consultant, who is reminded that ethically his
seal should appear only on documents for which he is personally responsible
and technically proficient.
Permits or letters of approval from other applicable State agencies must
accompany submittals, if not furnished previously. (Examples: Texas Department
of Health for swimming pools, new water or sewer systems; Texas Historical
Commission for archeological clearance).
REVIEW PERIOD
A minimum of two (2) weeks should be allowed for review; consultant or applicant
conferences with review personnel must necessarily be handled by appointment.
LIMITS OF REVIEW AND APPROVAL
The Parks Division of the Department is a reviewing body only, and its staff
may not act as designers nor furnish detailed estimates. Review of design
features will be limited to those delineated by the "Pre -Construction Certificate",
stated thusly:
1. Meet all applicable Federal, State and local codes and current
engineering practices (this responsibility is to be borne by
the consultant whose seal is affixed to the plans and specifications);
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2. That health, safety, durability and economy receive considera-
tion consistent with the scope and objectives of the project;
3. That design is in good taste;
4. That the proposed development is suitable for the environment
and will not harm the esthetic value of the area; and
5. That provisions have been made to insure adequate supervision
by competent personnel.
PHYSICALLY HANDICAPPED REQUIREMENTS
The standards and specifications adopted by the Architectural Barriers Section
of the State Purchasing and General Services Commission to comply with Article
601b of V.T.C.S. are required to be included in the design of the park facili-
ties.
PROGRAM ACKNOWLEDGEMENT SIGNS
The format, location and construction details of signs acknowledging Fund assis-
tance will be included on plans.
INFORMATION REQUIRED
Submitted plans and specifications shall in all cases be in sufficient detail
to permit a comprehensive evaluation of the project. Because a project is to
be constructed by force account rather than by contract does not relieve the
applicant nor the State of their responsibilities to provide technically ade-
quate construction documents.
Bid proposals must identify costs of any portion of the work not supported by
Fund assistance. These costs must be easily separated for audit purposes.
Plans and specifications are not required on items such as playground equip-
ment, picnic tables and benches to be purchased; however, the manufacturer's
name and model number must be furnished. Plans and specifications for the
installations must be provided.
The attached design checklist labeled "Attachment #1 - Checklist for Plans and
Specifications" establishes the minimum construction document elements required
for Parks and Wildlife Department review. It is intended to assist the consul-
tant and his client (the applicant) in obtaining rapid approval without dicta-
ting criteria, creativity or originality.
TYPES OF REVIEW ACTION
The Sponsor will be informed of the result of the Department review:
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1. Approval as submitted;
2. Approval as noted (subject to corrections, changes, etc. noted
on documents);
3. Approval of certain portions as submitted or noted; or
4. Disapproval pending resubmittal.
CONSTRUCTION PHASE
Periodic inspections by Department representatives should be expected.
Project change orders must be forwarded to the Department for review and approval
prior to construction.
FINAL INSPECTION
Upon notification by the applicant or his representative that a project has
been completed, the Parks and Wildlife Department will conduct a final inspection
of records and facilities. Items not constructed in accordance with the approved
plans and specifications may be disqualified for participation in the Grants--in-
Aid program.
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ATTACHMENT #1
Checklist for Plans and Specifications
This checklist is designed for use by the Consultant, the Applicant and Texas
Parks and Wildlife Department review personnel, in that order. Its purpose is
to assist the involved parties in expediently meeting minimum criteria for
recreational project development.
Each item of the checklist should be marked by the consultant and applicant and
submitted with plans and specifications to be reviewed.
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PA H e
S
U H PLANS
1. General
a. Sheet size, 24" x 36" preferred.
b. Title Block, State Project Number, and Professional
Registration Seal on all sheets.
c. Vicinity Map
d. Site plan showing location of all proposed
facilities and existing facilities.
e. Clearly indicate which"portions of work are to
be accomplished by Force Account and which are
to be by Contract work.
f. Clearly indicate any work not included in project
funding.
g. North Arrows shown on all maps and site plans.
h. Scale shown for all drawings.
i. Indicate existing and finished contours and/or
grades.
J. Locate all Bench Marks.
k. Program acknowledgement sign.
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2. Buildings
a. Site plan - may be combined with other project
elements if sufficient detail can be reflected,
b. Sufficient number of elevations to depict each
different view of building.
c. Minimum of two cross -sections (longitudinal and
transverse) including foundation; additional as
needed,
d. Foundation plan including structural details
(reinforcing, etc.)
e. Plumbing - plan and riser diagram, 1) cold water;
2) hot water; 3) gas; 4) waste and drains.
f. Electrical - plan, circuitry diagram, symbols and
schedule.
g. Mechanical (HVAC) - plan, details, schedule.
h. Room finish schedules (floor, wall, ceiling, etc.)
i. Door and window schedule.
J. Details - wall and roof sections; miscellaneous
details necessary for fabrication and installa-
tion of all building components.
k. Dimensioned floor plan for each level.
1. Sufficient number of interior elevations to
depict each different view.
M. Identification of special provisions for use by
handicapped.
3. Structures Other Than Buildings
a. Site plan - may be combined with other project
elements if sufficient detail can be reflected.
b. Minimum of two (2) elevations,
C. Minimum of two (2) sections, including foundation.
d. Foundation plan including structural details,
e. Sufficient dimensions to allow easy construction.
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4. Roads and Parking
a. Site Plan - may be combined with other project
elements if sufficient detail can be reflected.
b. Plan/Profile on roads.
C. Cross-section showing type and dimension of
materials, slopes, etc.
d. Drainage patterns, grades, structures, etc.
e. Existing and finished grades; spot elevations
as required for clarity.
f. All necessary dimensions, curve data, etc.
5. Landscaping (including nature trails, hiking trails,
bikeways, turf, shrubbery, trees, landscaping struc-
tures, irrigation systems)
a, Site Plan -- may be combined with other project
elements if sufficient detail can be reflected.
b. Existing and finished grades; spot elevations
as required for clarity, drainage patterns as
appropriate.
C. Planting Plans; give dimensions and plant
spacings, indicate existing and proposed plant
materials by accepted common name; provide key
for proposed plant material listing quantity,
common name, scientific name, size plant, and
transplanting condition (i.e., B & B, BR, Con-
tainer)
d. Transplanting and staking details for typical
tree planting, shrub bed, and/or ground cover
bed planting.
e. Plans, elevations, cross -sections, and con-
struction details as required for site develop-
ments including walks, trails, curbs, retaining
walls, foot bridges, steps, ramps, fences, bar-
riers, entrance portals and signing,
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f, Sprinkler system plan including sized piping
diagram, sprinkler head locations, and key for
sprinkler head selections; typical spacing detail
indicating coverage pattern, full, half, quarter,
etc,; riser, valve, and piping installation
details. Provide control wire/tubing diagram,
valve location, etc, as required for atuomatci
type system. Provide detailed specifications of
all equipment proposed.
6, Water Systems
a, Site Plan - may be combined with other project
elements if sufficient detail can be reflected,
b. Profile on all lines 6" or larger.
C. Indicate size and type of: materials of all lines.
d. Show size and location of all valves, and valve
boxes,
e, Details -- equipment installation,
f. Typical details - ditch, line installation, etc.
i. Sewage Systems
a. Site Plan - may be combined with other project
elements if sufficient detail can be reflected.
b. Profile on all lines larger than 4".
c. Location and details of all manholes and cleanouts.
d. Indicate size and type of materials,
e. Details -- equipment installations,
f. Typical details - ditch. line installation, etc,
8, Electrical System
a, Site Plan -- may be combined with other project
elements if sufficient detail can be reflected,
b. Indicate line size and type.
C. Indicate Primary and Secondary distribution
System.
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.
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SPECIFICATIONS
*1. Addenda (stapled to inside of front cover)
*2. Invitation and Instruction to Bidders
*3. Special Instructions to Bidders
*4. Contractor's Proposal Forms
*5. Performance Bond Forms
*6. Payment Bond Forms
*7. Contract Forms
*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 element
and/or craft involved.
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*Not specifically required on Force Account Projects
PRE -CONSTRUCTION CERTIFICATION
"I hereby certify that construction plans and specifications to be used
in conjunction with
Project No. are on file and that they meet all applicable
Federal,.State, and local codes and current engineering practices; that
health, safety, durability, and economy received consideration consis-
tent with the scope and objectives of the project; that the design is
in good taste; that the proposed development is suitable for the envi-
ronment and will not harm the esthetic value of the area; and that pro-
visions have been made to insure adequate supervision by competent
personnel."
Signature
Date Name
Title
Pwo 453 { 7/721
6700