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HomeMy WebLinkAboutContract 52716 � 8 I ort worth-56-000012 CITY SECRETARY .. � ��2 CONTRACT NO. 52 7 RECENE©' -32019 • f V(v CCtYOFFORT1v�ftTH Recreation Grants Local Park Grant Program cinsECRErARY Texas Large County& Municipality Recreation & Parks Account GRANT AGREEMENT T PWD P.O. Number: 525882 Project Number: 56-000012 Sponsor Name: City of Fort Worth Project Name: Diamond Hill Community Center Sponsor Unique Identifier(DUNS): 073170458 Pre-award Date: N/A Agreement Term: March 20, 2019 -July 15, 2022 Obligated State Funds: $1,000,000.00 Sponsor Cost Share: $1,000,000.00 Total Project Cost: $2,000,000.00 This award is entered into by the Texas Parks and Wildlife Department(Department), and the City of Forth Worth (Sponsor). This award is funded through the Department, under the authority of Chapter 24 of the Parks and Wildlife Code. PROJECT DESCRIPTION AND LOCATION: The City of Fort Worth will replace the existing 17,108+/- square foot Diamond Hill Community Center, with a new 24,900+/- square foot community center. The new community center will inicude a gymnasium with walking track, fitness room with equipment, technology room with computers for community use, meetings rooms, kitchen, restrooms, administrative offices, storage and mechanical rooms, and program signage. Fort Worth Diamond Hill Community Center is located at 1701 NE 36t'Street, Fort Worth,Tarrant County, Texas 76106. PRE-AWARD INCURRENCE OF COSTS: The Sponsor shall be entitled to reimbursement of 0.00 in pre-award project planning costs incurred on or after N/A. Such costs are allowable only to the extent that they would have been allowable if incurred after the start date of the award and only with the written approval of Department. OFFICIAL.RECOW . CITY SECRETARY Page 1 of 15 IT YVJM::M;�TX City of Fort Worth-56-000012 KEY OFFICIALS: A. Key officials are essential to ensure maximum coordination and communications between the parties and the work being performed. They are: FOR TEXAS PARKS AND WILDLIFE DEPARTMENT: Dan Reece Local Park Grant Manager Recreation Grants Branch 4200 Smith School Road Austin, Texas 78744 (512) 389-4656 dan.reece(@tpwd.texas.Qov Project Coordinator: Aaron Friar Grant Coordinator Local Park Grants Program Recreation Grants Branch 4200 Smith School Road Austin, Texas 78744 (512)389-8040 aaron.fdar@tpwd.texas.gov FOR PROJECT SPONSOR: Official Point of Contact Fernando Costa Assistant City Manager City of Fort Worth 200 Texas St. Fort Worth, Texas 76102 (817) 392-6111 fernando.costa@fortworthtexas.gov Recipient Project Coordinator Richard Zavala Director of Park& Recreation Department City of Fort Worth 200 Texas St. Fort Worth, Texas 76102 (817) 392-5711 richard.zavala@fortworthtexas.gov Recipient Fiscal Contact Jing Yang Landscape Architect City of Fort Worth 200 Texas St Page 2 of 15 04/24/2017 City of Fort Worth-56-000012 Fort Worth, Texas 76102 (817) 392-5742 jing.yang@fortworthtexas.gov AWARD AND PAYMENT: A. Department will provide funding to the Sponsor in an amount not to exceed $1,000,000.00 for the project described under Project Description and Location above and in accordance with the Department approved Budget Summary(Attachment A). B. The Sponsor shall obtain prior approval for budget and program revisions and shall request payment in accordance with the most current version of the Instructions for Approved Projects Recreation Grant Programs PWD BK P4000-1146. C. In order to receive a financial assistance award and to ensure proper payment, it is required that the Sponsor maintain their registration with the System for Award Management(SAM), accessed at http://www.sam.gov D. Allowable and Eligible Costs. Expenses charged against awards under the Agreement may not be incurred prior to the beginning of the Agreement unless specifically approved as a pre-award cost or with prior approval from the Department via a Waiver of Retroactivity, and may be incurred only as necessary to carry out the approved objectives, scope of work, and budget of the project. The Sponsor shall not incur costs or obligate State funds for any purpose pertaining to the operation of the project, program, or activities beyond the expiration date stipulated in the award. E. Recipient Cost Share or Match. Any non—State share, whether in cash or in—kind, is expected to be paid out at the same general rate as the State share. The Sponsor must meet their cost share commitment over the life of the award. At least 50% non- State cost-share is required for costs incurred under this Agreement. REPORTS AND/OR DELIVERABLES A. Specific projects, tasks or activities for which State funds are reimbursed will be tracked and reported by submission of a quarterly status report via Recreation Grants Online. B. The Texas Comptroller of Public Accounts and the Department or their duly authorized representatives, will have access, for the purpose of financial or programmatic review and examination, to any books, documents, papers, and records that are pertinent to the Agreement at all reasonable times during the period of retention in accordance with the State of Texas Uniform Grant Management Standards (UGMS). C. The Sponsor, in accordance with Chapter 24 of the Parks and Wildlife Code Subchapter A shall, on each anniversary date of the grant for five years after the grant is made, furnish to 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. MODIFICATION, REMEDIES FOR NON-COMPLIANCE TERMINATION Page 3 of 15 04/24/2017 City of Fort Worth-56-000012 A. This Agreement may be modified only by a written instrument executed by the parties. Modifications will be in writing and approved by the Department and the authorized representative of Sponsor. B. Additional conditions may be imposed by the Department if it is determined that the Sponsor is non—compliant to the terms and conditions of this Grant Agreement. C. This Agreement may be terminated consistent with applicable termination provisions for Agreements found in the Texas Local Park Grants Programs Manual (PWD RP P4000). GENERAL PROVISIONS: I. Definitions A. The term "Department" as used herein means the Texas Parks & Wildlife Department or any representative delegated authority to act on behalf of the Department. B. The term "Project' as used herein means a single project which is the subject of this Grant Agreement. C. The term "Sponsor" as used herein means the political subdivision which is party to the Grant Agreement. D. The term "LPGP" as used herein means the Local Park Grant Program. E. The term "Manual' as used herein means the Local Park Grant Programs Manual PWD RP P4000-1445. II. Continuing Assurances A. The parties to the Grant Agreement specifically recognize that receipt of program assistance creates an obligation to maintain the property described in the Grant Agreement consistent with the Manual, and the following requirements: B. The Sponsor agrees that the property described in the Grant Agreement and in the signed and dated project boundary map (Attachment B), made part of that Grant Agreement as is being acquired or developed with program assistance, and that it shall not be converted to other than public recreation use but shall be maintained in public recreation in perpetuity, or for the term of the lease in the case of leased property (Attachment C). 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 Grant 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 Grant Agreement. D. The Sponsor agrees that the property and facilities described in the Grant Agreement shall be operated and maintained as prescribed by the Retention, Operation & Maintenance Responsibilities guidelines of the Manual. E. The Sponsor agrees that a permanent record shall be kept and available for public inspection to the effect that the property described in the scope of the Grant Agreement, and the dated project boundary map made part of that Grant Agreement, has been acquired or developed with program assistance and that it cannot be converted to other than public recreation use. Page 4 of 15 04/24/2017 City of Fort Worth-56-000012 F. Nondiscrimination The Sponsor shall comply with Title VI of the Civil Rights Act of 1964, which in part, 1. Prohibits discriminatory employment practices resulting in unequal treatment of persons who are or should be benefiting from the grant-aided facility. 2. Prohibits discriminating against any person on the basis of residence. Ill. Project Assurances A. Applicable Laws The Sponsor shall comply with applicable regulations, policies, guidelines and requirements including State Uniform Grant and Contract Management Act, Federal Office of Management and Budget 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), as they relate to the application, acceptance and use of State funds for grant assisted projects. The Sponsor is obligated to adhere to all requirements established for the Local Park Grant Program, including program guidelines set out at 31 Texas Administrative Code JAC) Sec. 61.131-61.139. It is the responsibility of the grant Sponsor to have a Single Audit done annually according to the Texas Single Audit Circular. A copy of this audit must be furnished to the Department when completed. B. Project Application 1. The application for Local Park Grant Assistance bearing the same project name as the agreement and associated documents is by this reference made a part of the Agreement. C. Project Execution 1. The Sponsor will cause work on the project to be commenced within a reasonable time after receipt of notification that State funds have been approved and assure that the project will be prosecuted to completion with reasonable diligence. 2. The Sponsor will require the facility to be designed to comply with the Texas Architectural Barriers Act(Article 9102 -Texas Civil Statutes), and the Architectural Barriers Act of 1968 (Public Law 90-480). The Sponsor will be responsible for registering the project with the Texas Department of Licensing and Regulation. 3. 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. 4. In the event the project covered by the Grant 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. Page 5 of 15 04/24/2017 City of Fort Worth-56-000012 5. The Sponsor will provide for and maintain competent and adequate architectural and engineering supervision and inspection at the construction site to ensure that the completed work conforms with approved plans and specifications; that it will furnish progress reports and such other information as the Department may require 6. 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. 7. The Sponsor will assist the Department in its compliance with the Texas Antiquities Code by a) consulting with the Texas Historical Commission on the conduct of investigations, as necessary, to identify properties listed or eligible for listing as State Antiquities 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 by the Sponsor shall meet the following requirements: 1. Contracts for construction must be in compliance with the Local Government Code Chapter 252 (for municipalities), Chapter 262 (for counties), and Chapter 375 (for municipal utility districts). Copies of all advertisements, bids and a copy of the contract shall be provided to the Department. 2. The Sponsor shall inform all bidders on contracts for construction that State 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. No construction on the project by the Sponsor shall commence until written notice to proceed has been received from the Department. 5. The Sponsor shall install and maintain at the project site a permanent funding acknowledgment sign as prescribed by the Department. E. Conflict of Interests 1. No official or employee of the State or local government who is authorized in his/her 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/her employment or retention by the State or local government, in any contract or subcontract in Page 6 of 15 04/24/2017 City of Fort Worth-56-000012 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 Manual. 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. The Department, State Comptroller of Public Accounts, State Auditor 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. H. Project Termination 1. The Department may temporarily suspend program 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 grant at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the Sponsor only by mutual agreement with the Department. 3. The Department may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the Sponsor has failed to comply with the conditions of the grant. The Department will promptly notify the Sponsor in writing of the determination and the reasons for termination, together with the effective date. Payments made to the Sponsor or recoveries by the Department under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Department or Sponsor may terminate grants in whole, or in part, at any time before the date of completion,when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of State funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portions to be terminated. The Sponsor shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Department may allow full credit to the Sponsor for the State share of the non-cancelable obligations, property incurred by the Sponsor, pending written receipt of the determination and the reasons for termination, together with the effective date. Payments made to the Sponsor or recoveries by the Department under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. Page 7 of 15 04/24/2017 City of Fort Worth-56-000012 5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the Sponsor and the Department, or that all State funds provided by the Department be returned. I. In the event that the Sponsor does not comply with provisions as set forth in the Grant Agreement and the Manual regarding both active project compliance and compliance at previously assisted grant sites, the following actions may be taken: 1. The Department may withhold payment to the Sponsor; 2. The Department may withhold action on pending projects proposed by the Sponsor; 3. If the above actions do not achieve program compliance, the Department may involve the State Attorney General's Office, pursuant to Section 24 of the Parks&Wildlife Code. ADDITIONAL GUIDELINES: The following additional guidelines for administration of Local Park Grant Program Acquisition and Development Projects is hereby made part of this Grant Agreement. 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: It is the Commission's policy that the Department shall administer local grant projects in accord with the following guidelines, with interpretation of intent to be made to provide the greatest number of public recreational opportunities for 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 State funds to other projects, or to deny requests for additional State funds for new projects: ACTIVITY TIME FRAME Commission Approval Begin 3-year project period (4-year max) Grant Agreement Execution (Department& As soon as possible after Commission approval Sponsor) Pending Documentation such as: • U.S. Army Corps of Engineers 404 • TCEQ Permits • Environmental Resources Survey • THC Cultural Resources Survey and Accomplished prior to first construction Clearance reimbursement. • TPWD Biological Consultations • ROW Abandonment • Lease/Joint-Use Agreement Execution, etc. Quarterly Status Reports (beginning with On or before January 151h, April 15th, July 15t' Commission approval) and October 15th Page 8 of 15 04/24/2017 City of Fort Worth-56-000012 Appraisal Submission As soon as possible after grant agreement date Appraisal Approval Within 6 months of appraisal submission Land Acquisition As soon as possible after appraisal approval Construction Plan Submission Accomplished prior to first construction reimbursement. Periodic Reimbursement Billings Every 90 days if possible(minimum $10,000 request) Project Completion and Grant Close-Out Within 3 years after Commission approval (but in no case after the 41h fiscal year) The following criteria will be used to determine Sponsor eligibility for additional funding by the application deadline. Performance is based on all grant programs administered by the Recreation Grants Branch: • Funding history and previous performance • All previously completed Department Sponsored grant projects must be in compliance with all the terms of the Grant Agreement under which they received assistance and all 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 25% of the approved grant amount; and • The total of approved State funds which have not been reimbursed may not exceed $4 million for all active grant projects. A grantee may also be considered to be"high risk" based on financial stability or non-conforming management standards, requiring additional special conditions and restrictions as determined by grant management standards. Page 9 of 15 04/24/2017 City of Fort Worth-56-000012 SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below. TEXAS PARKS AND WILDLIFE DEPARTMENT CITY OF FORT WORTH Sponsor(Political Subdivision)By: ABy: C4dA/ - --' Dana Lagarde, Director of Recreation Grants Fernando Costa, Assistant City Manager Name and Title a Name and Title Date: �'g 1— �-I Date: 8130115 TPWD Approval Date SAM Number,Date, Initials: 4GLM6.08/20/2019,of Attachment A—Budget Summary of Project Costs Attachment B—Project Boundary Map, signature required Attachment C—Certificate of Land Dedication, signature required E CIAL,RECORD SECRETARYWORTH, TX Page 10 of 15 04/24/2017 APPROVAL RECOMMENDED BY: / Z/-�- /-'�/ /)",- David tpceek Acting-Director Park & Recreation Dept. Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. r Jing Yang, RLA, AICP Landscape Architect/Project Manager Park & Recreation Dept. APPROVED AS TO FORM AND LEGALITY: Matt Murray Assistant City Attorney ... TTE �!- F °m 1295: N/A 'May J. Kayser City SecretaryXo ill&C No.: C-29160 M&C Date: June 18, 2019 OFFICIAL RECORD CITY SECRETARY FT WORTH,T City of Fort Worth-56-000012 Attachment A BUDGET SUMMARY OF PROJECT COSTS Page 11 of 15 04/24/2017 BUDGET SUMMARY ATTACHMENT A PROJECT: FORT WORTH Diamond Hill Community Center REIMBURSEMENT REQUEST NO. PROJECT NUMBER: 56-000012 PERIOD COVERED: COMPLETED COMPLETED TOTAL ESTIMATE LAST REQUEST THIS PERIOD COMPLETE 1. PROFESSIONAL SERVICES Limited to 12%of Construction Elements 2. CONSTRUCTION ELEMENTS 1.Construction of Community Center $ 1,997,500.00 2. Program Signage $ 2,500.00 Construction Cost $ 2,000,000.00 Less Retainage $ 0.00 TOTAL CONSTRUCTION $ 2,000,000.00 3. LAND ACQUISITION N/A $ $ 0.00 TOTAL PROJECT COST $ 2,000,000.00 MATCH: $1,000,000.00 0% (0412010) City of Fort Worth-56-000012 Attachment B PROJECT BOUNDARY MAP Signature Required Page 13 of 15 04/24/2017 1 � W � f f O (14 >LLI� �N 1 O ri uj . . - lz CL -. •! m f V N LW 1 C) O M E E 4-1 Z m � i Y V m 1l � N m > C • a O m1 • ,}r 1 a)G O 1 r #t '•_ U pi io •p a Ln _ u u u E • o m V M t `0 1 L 0 .'^. Q { 0 C f � j J o o 0 Cu LL . . 4- U W O m 1 a N v * l = u fL9 1 • O m O t Z o N m • _ - -- --�— V U .Vn m U Y ! a Q) O V N a u Q 41 OL m c aQ � a. x x W ~ WW City of Fort Worth-56-000012 Attachment C CERTIFICATE OF LAND DEDICATION Signature Required Page 14 of 15 04/24/2017 City of Fort Worth-56-000012 TEXAS PARKS AND WILDLIFE DEPARTMENT CERTIFICATE OF LAND DEDICATION FOR PARK USE TEXAS LARGE COUNTY & MUNICIPALITY RECREATION & PARKS ACCOUNT This is to certify that a permanent record shall be kept in the City of Fort Worth public property records and be made available for public inspection to the effect that the property described in the scope of the Grant Agreement for FORT WORTH Diamond Hill Community Center, Project Number 56-000012, and the dated project boundary map made part of that Agreement, has been acquired or developed with Texas Large County & Municipality Recreation & 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 FORT WORTH Sponsor(Political Subdivision) By :2i�� COOL - Fernando Costa, Assistant City Manager Name,Title a130A5 Date Page 15 of 15 04/24/2017 TEXAS PARKS AND WILDLIFE COORDINATION-ROUTING OFFICE MEMORANDUM DIV. NAME INITIAL DATE IF Beth Bendik BB 1/31/19 TO: Aaron Friar Recreation Grants Program FROM: Beth Bendik REMARKS: Watershed Policy&Management Inland Fisheries Division RETURN TO: SUBJECT: Fall 2018 Urban Indoor Grant Application Review DATE: 01/31/2019 TPWD Inland Fisheries, Coastal Fisheries and Wildlife Division staff has been consulted to assess regulatory compliance and identify potential adverse environmental impacts of proposed Recreation Grant applications. Reviewed applications are separated into four categories, with "Category 1" being of least concern, and "Category 4" being of the greatest concern. CATEGORY 1 Category 1 includes projects for which none of the considered permits appear to be needed and that staff believes will have no significant adverse environmental impacts as proposed. In general, these projects may further reduce or avoid adverse impacts by implementing appropriate comments in the "General Comments" attachment. Potential permits considered are described in the "Types of Permits" section attached. City of Fort Worth—Diamond Hill Community Center,Tarrant County(Project ID 41094) The project consists of construction of a new larger community center proposed as a replacement for the existing center in an existing park. The primary amenity proposed is for boxing at the center; with a boxing ring,equipment and practice elements,along with bleachers.The overall center will include a gymnasium with walking track, fitness room with equipment, tech room with computers for community use, meeting rooms, kitchen,restrooms,administrative offices,storage and mechanical rooms.The project also includes native and adapted landscaping. A list of the proposed species to be planted should be provided for review and approval by TPWD natural resources staff. Questions regarding environmental review of this recreation grant project can be directed to Beth Bendik of the Inland Fisheries Division(512-389-8521)or Karen Hardin of the Wildlife Division(903-322-5001). 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 the regulatory status of the proposed activity. Compensation may be required for any encroachment into these areas. • TCEQ "401" water quality certification (water quality of wetlands or aquatic areas) o Lili Murphy - 512-239-4596 • TCEQ Water Rights Permit (diversion or impoundment of water in waterways) o TCEQ Water Rights Permitting and Availability Section - 512-239-4691 • EPA Construction General Permit (1 or more acres disturbed) U.S. Environmental Protection Agency should be contacted for projects proposing to disturb one or more acres of land. o Suzanna Perea (EPA) -214-665-7217 o TCEQ - 512-239-4671 • USFWS consultation (federally listed threatened & endangered species/habitat) If the U.S. Fish and Wildlife Service's (USFWS) IPaC (Information for Planning and Consultation) tool (https:Hecos.fws.gov/ipacn indicates activities may impact federally listed species or habitat, The USFWS should be consulted to assist in the evaluation of the proposed activities that may affect federally listed threatened or endangered wildlife species. Further consultation or surveys may be necessary to determine impact. • TPWD Sand and Gravel permit(disturbance of state navigable waterways or bay bottoms The TPWD biologist 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 banks of State-navigable streams and from tidal waters and coastal bay bottoms. o Tom Heger- 512-389-4583 or tom.heger(a-)-tpwd.texas.gov • TPWD Aquatic Resource Relocation Plan If construction occurs during times when water is present and dewatering activities or other harmful construction activities are involved, then TPWD recommends relocating potentially impacted native aquatic resources in order to avoid liability for the value of lost public fish and wildlife resources. Aquatic resource relocation is done under an Aquatic Resources Relocation Plan (ARRP) in conjunction with a Permit to Introduce Fish, Shellfish or Aquatic Plants into Public Waters. o Tom Heger- 512-389-4583 or tom.heger(abtpwd.texas.gov • TPWD Inland Fisheries Division (Permit to Introduce Fish, Shellfish, or Aquatic Plants into Public Waters) January 2019 Version Page 11 The TPWD Fisheries Division should be consulted for required permits if any aquatic organisms are to be stocked or relocated within waters of the State. o Lauren Reynolds - 512-389-4742 or IFpermits ccDtpwd.texas.gov OTHER RECOMMENDED COORDINATION • TPWD Coastal and Inland Fisheries Divisions— For the establishment and management of pond fisheries o Find a Coastal or Inland Fisheries Biologist at https://tpwd.texas.gov/fishboat/fish/managementibiologisti • TPWD Inland Fisheries Division —Aquatic Resources Permitting and Consultations Team — For wetland and aquatic habitat impacts/enhancement/creation o Tom Heger- 512-389-4583 or tom.heger(cDtpwd.texas.gov • TPWD Wildlife Division —Wildscapes or Urban Wildlife Programs—For beneficial planting/landscapinq/xeriscaping o Urban Wildlife program coordinator- Richard Heilbrun - 210-688-6447 o TPWD Wildscapes program administrator—Olivia Schmidt— 512-389-8008 • TPWD Wildlife Division - Texas Natural Diversity Database The TXNDD should be consulted to assist with the data search for state or federally listed rare, threatened, or endangered plant &wildlife species; as well as other rare or unique habitats and ecological resources. o Bob Gottfried - 512-389-8744 • TPWD Wildlife Division — Habitat Assessment Program — For terrestrial habitat impacts/restoration o Laura Zebehazy- 512-389-4638 January 2019 Version Page 12 GENERAL COMMENTS 1. 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 crossings should be located in areas where vegetation removal or disturbance can be avoided or minimized. The crossings 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. 2. 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. 3. Landscaping and revegetation plans should incorporate native plants, including grasses, whenever possible. Locally adapted natives can increase survival and reduce maintenance and watering needs while providing benefits to wildlife. Mowing only essential use areas will allow native grasses to prosper, generally without additional irrigation. Maintenance activities should be reduced as much as feasible in all areas except sport fields and playgrounds, and restricted to after seed-set (late fall) to promote reseeding and increased wildlife value. Enhancement of existing native grasses or prairie remnants can be assisted by limiting mowing practices and reseeding exposed areas with native grasses and forbs. 4. 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 trees, shrubs, grasses and forbs, and aquatic and wetland systems. Should any losses be deemed unavoidable, it is recommended that native plant species be used in mitigation and landscaped areas that are beneficial to native fish and wildlife. Also, where possible, clearing of understory vegetation should be minimized because such vegetation provides habitat to many different species of wildlife. Natural buffers contiguous to wetlands and aquatic systems should remain undisturbed, to preserve wildlife cover, food sources, travel corridors, and protect water quality of wetlands and waterways. 5. Soil erosion and siltation should be minimized using haybales, silt screens, or similar soil erosion prevention techniques. In order to enhance the stabilization of exposed soils, newly graded areas should be seeded or sodded with native grasses, while graded embankments should not exceed a 4:1 slope. For soil stabilization and/or revegetation of disturbed areas within the proposed project area, TPWD recommends erosion and seed/mulch stabilization materials that avoid entanglement hazards to snakes and other wildlife species. Because the mesh found in many erosion control blankets or mats pose an entanglement hazard to wildlife, particularly snakes, TPWD recommends the use of hydromulching and/or hydroseeding rather than erosion control blankets or mats due to a reduced risk to wildlife. If erosion control blankets or mats will be used during this project, the product should contain no netting or contain loosely woven, natural fiber netting in which the mesh design allows the threads to move, therefore allowing expansion of the net openings. Plastic mesh netting should be avoided. January 2019 Version Page 13 6. Park sites containing ponds or proposing the construction of a pond should not establish domestic waterfowl at the site and should 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 West Nile virus. Furthermore, domestic waterfowl negatively affect wild waterfowl through interbreeding; wild populations of waterfowl may be lost through hybridizing with domestic birds. 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. 7. In general, ponds constructed in uplands will be considered acceptable to TPWD biological staff provided that good-quality, native natural resources are not impacted during their construction. Ponds should be filled with rainfall or runoff. The use of groundwater to fill recreational ponds is not considered to be a sustainable practice. On-channel impoundments generally will not be considered acceptable. Possible impacts of impoundments could include the following: the loss of valuable fish and wildlife habitat, impeded fish migration, loss of flood storage, loss of water through evaporation, sediment accumulation, and degraded water quality. Under no circumstances should non-native plant or fish species be introduced to a pond without TPWD review and approval. 8. TPWD recommends the judicious use and placement of sediment control fence to exclude wildlife from the construction area. In many cases, sediment control fence placement for the purposes of controlling erosion and protecting water quality can be modified minimally to also provide the benefit of excluding wildlife access to construction areas. The exclusion fence should be buried at least six inches and be at least 24 inches high. The exclusion fence should be maintained for the life of the project and only removed after the construction is completed and the disturbed site has been revegetated. Construction personnel should be encouraged to examine the inside of the exclusion area daily to determine if any wildlife species have been trapped inside the area of impact and provide safe egress opportunities prior to initiation of construction activities. TPWD recommends that any open trenches or excavation areas be covered overnight and/or inspected every morning to ensure no wildlife species have been trapped. Also, inspect excavation areas for trapped wildlife prior to refilling. January 2019 Version Page 14 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 by rule or permit issued by Texas Parks &Wildlife, including the following plant species. For further information, please visit TPWD's Exotic and Invasive Species website (https:Htpwd.texas.gov/huntwild/wild/species/exotic/). Family Scientific name Common name(s) Amaranth family: Amaranthaceae Alternanthera philoxeroides alligatorweed Sumac family: Anacardiaceae Schinus terebinthifolius Brazilian peppertree Arum family: Araceae Pistia stratiotes water lettuce Morning-glory family: Convolvulaceae /pomoea aquatica swamp morning-glory, water spinach, ong choy, rau mong, and kangkong Water Milfoil family: Haloragaceae Myriophyllum spicatum Eurasian watermilfoil Tape-grass family: Hydrocharitaceae Ottelia alismoides ducklettuce Hydrilla verticillata hydrilla Lagarosiphon major oxygen-weed, African elodea, Langarosiphon Landoltia punctata dotted duckweed Loosestrife family: Lythraceae Lythrum salicaria purple loosestrife Myrtle family: Myrtaceae Melaleuca quinquenervia Punktree, paperbark, or melaleuca Grass Family: Poaceae Panicum repens torpedo grass Water-Hyacinth family: Pontederiaceae Eichhornia azurea rooted water hyacinth Eichhornia crassipes floating water hyacinth Monochoria hastata arrowleaf falsepickerelweed Monochoria vaginalis heartshape false pickerelweed Salvinia Family: Salviniaceae all species of genus Salvinia Figwort Family: Scrophulariaceae Limnophila sessiliflora Asian marshweed, ambulia Potato family: Solanaceae Solanum tampicense wetland nightshade, aquatic soda apple Bur-reed family: Sparganiaceae Sparganium erectum exotic bur-reed January 2019 Version Page 15 TEXAS HISTORICAL COMMISSION Re: Project Review under Section 106 of the National Historic Preservation Act and/or the Antiquities Code of Texas 201902689 City of Fort Worth-Diamond Hill Community Center1701 NE 36th St Forth Worth,TX 76106 Dear Aaron Friar: Thank you for your submittal regarding the above-referenced project.This response represents the comments of the State Historic Preservation Officer,the Executive Director of the Texas Historical Commission (THC), pursuant to review under Section 106 of the National Historic Preservation Act and the Antiquities Code of Texas. The review staff, led by Arlo McKee and Caitlin Brashear, has completed its review and has made the following determinations based on the information submitted for review: Above-Ground Resources • No historic properties are present or affected by the project as proposed. However, if historic properties are discovered or unanticipated effects on historic properties are found,work should cease in the immediate area;work can continue where no historic properties are present. Please contact the THC's History Programs Division at 512-463-5853 to consult on further actions that may be necessary to protect historic properties. Archeology Comments • No historic properties present or affected. However, if buried cultural materials are encountered during construction or disturbance activities,work should cease in the immediate area;work can continue where no cultural materials are present. Please contact the THC's Archeology Division at 512-463-6096 to consult on further actions that may be necessary to protect the cultural remains. We look forward to further consultation with your office and hope to maintain a partnership that will foster effective historic preservation.Thank you for your cooperation in this review process,and for your efforts to preserve the irreplaceable heritage of Texas. If the project changes, or if new historic properties are found, please contact the review staff. If you have any questions concerning our review or if we can be of further assistance, please email the following reviewers: Arlo.McKee@thc.texas.gov, caitlin.brashear@thc.texas.gov. Sincerely, for Mark Wolfe, State Historic Preservation Officer Executive Director,Texas Historical Commission 8/26/2019 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRT�ORTII Ir— COUNCIL ACTION: Approved on 6/18/2019 -Ordinance No. 23698-06-2019 REFERENCE LOG 80DIAMOND HILL COMMUNITY DATE: 6/18/2019 NO.: C-29160 NAME: CENTER-TPWD GRANT FUNDS APPROPRIATION CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT. Authorize Acceptance of a Texas Parks and Wildlife Department Urban Indoor Recreation Grant in the Amount of$1,000,000.00 for the Diamond Hill Community Center, Transfer Matching Funds in the Amount of$1,000,000.00 for a Total Project Cost of $2,000,000.00, and Adopt Appropriation Ordinance (2018 Bond Program) (COUNCIL DISTRICT 2). RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of a Texas Parks and Wildlife Department Urban Indoor Recreation Grant for the Diamond Hill Community Center with State participation in the amount of$1,000,000.00 and City participation in the amount of$1,000,000.00 for a total project cost of$2,000,000.00; and 2.Authorize the transfer of$1,000,000.00 from the 2018 Bond Program Fund to the Grant Capital Project State Fund for the City's match; and 3.Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Grant Capital Project State Fund in the amount of$2,000,000.00. DISCUSSION: The purpose of this Mayor and Council Communication is to accept a grant in the amount of $1,000,000.00 from the Texas Parks and Wildlife Department(TPWD) Local Grant Program, and to transfer the $1,000,000.00 required match. The grant, as awarded by TPWD, includes State participation in the amount of$1,000,000.00. This grant will provide additional funding for development of the new Diamond Hill Community Center, to be located at 3709 Weber Street in north Fort Worth. On September 18, 2018, the City Council adopted Resolution No. 4980-09-2018 authorizing the Park & Recreation Department(PARD)to apply for an Urban Indoor Recreation Grant from the TPWD. The application was successful, and on March 20, 2019, the Texas Parks and Wildlife Commission approved the issuance of$1,000,000.00 in grant funding to the City of Fort Worth for the development of proposed improvements at Diamond Hill Community Center. In accordance with the TPWD grant application structure, an in-kind grant match is required. For the in-kind match, the PARD leveraged $1,000,000.00 of the $9,900,000.00 in 2018 Bond Funds previously appropriated for the development of Diamond Hill Community Center. This follows the City's fiscal policy regarding use of bond funds. This is a reimbursement grant, and all grant funding is to be used for construction purposes only, no indirect costs are applicable. The City of Fort Worth is solely responsible for any additional costs associated with project administration, design, construction inspection, and materials testing. Potential grant awards are not included in the PARD's Capital Improvements Plan (CIP). Therefore, the action in this M&C is not included in the FY2019-2023 CIP and will amend the FY2019 CIP. Diamond Hill Community Park is located in COUNCIL DISTRICT 2. apps.cfwnet.org/council_packet/mc_review.asp?ID=27085&councildate=6/18/2019 1/2 8/26/2019 M&C Review A Form 1295 is not required for this contract because: This contract will be with a governmental entity, state agency or public institution of higher education: Texas Parks and Wildlife Department FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Grant Capital Project State Fund. This is a reimbursement Grant. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: David Creek (5744) Additional Information Contact: Joel McElhany (5745) ATTACHMENTS 2018-TPWD- Diamond Hill CC-Grant Site-Building Plan.pdf 2018-TPWD UIRG- Diamond Hill CC- Grant Authorizing Resolution-09182018-FINAL.pdf 80DIAMOND HILL COMMUNITY CENTER-TPWD GRANT FUNDS APPROPRIATION 31002 A019.docx apps.cfwnet.org/council_packet/mc_review.asp?ID=27085&councildate=6/18/2019 2/2