HomeMy WebLinkAboutContract 53327 CITY SECRETARY
CONTRACT NO. 533a-7
Sent via RGO
Life's better outside.'
Fernando Costa
Commissioners Assistant City Manager
S.Reed Morian City of Fort Worth
Chairman 200 Texas St.
Houston
Arch"Beaver"Aplin,III Fort Worth, TX 76102
Vice-Chairman
Lake Jackson Re: Fort Worth— North Z Boaz Park
James E.Abell Project Number 55-000040
Kilgore
OliverBell
Cleveland Dear Mr. Costa:
.Galo
Anna Laredo On March 20, 2019, the Texas Parks and Wildlife Commission approved the City's
Jeffery D.Hildebrand grant proposal for North Z Boaz Park through the Texas Large County &
Houston Municipality Recreation & Parks Account.
Jeanne W.Latimer
San Antonio Please print, sign, and upload the attached grant agreement documents under the
Robert L."Bobby"oattwo�h assigned task in RGO. Once we have received the grant agreement, the required
pre-construction tasks will appear. It is imperative that you do not start construction
Wi ber eDick ty on your project without a"Notice to Proceed'from TPWD.
Lee M.Bass
Chairman-Emeritus For additional information you can find the "Instructions for Approved Projects"
Fort Worth manual under the Resources tab in RGO. We have also attached comments to
T.Dan
FrIedkin
Chairman-Emeritus
this packet from the resource review conducted on your application.
Houston
If planning a groundbreaking or park dedication ceremony please let us know
ASAP so we can get it on our calendar. We would also like to encourage you to
Carter P.Smith notify your state and local officials.
Executive Director
I will be your project coordinator and can be reached at 512-389-8040 or at
a aron.friar(@tpwd.texas.gov. We look forward to being a part of the successful
completion of your project.
Sincerely,
��C2A oe Aaron Friar
�,tp�Fo�� PO`t Grants Coordinator
Local Park Grants Program
Recreation Grants Branch —
cc: Richard Zavala
FV11 ;11.�I I'�E 01kQ
Director of Park& Recreation Department �r�Cy'Q p [t 'i�ri1Y
4200 SMITH SCHOOL ROAD N. Sl/p.oki H, _ iI x
AUSTIN,TEXAS 78744-3291 ____
512.389.4800 To manage and conserve the natural and cultural resources of Texas and to provide hunting,fishing
www.tpwd.texas.gov and outdoor recreation opportunities for the use and enjoyment of present and future generations.
City of Fort Worth-55-000040
Recreation Grants Local Park Grant Program
Texas Large County & Municipality Recreation & Parks Account
GRANT AGREEMENT
TPWD P.O. Number: 528992
Project Number: 55-000040
Sponsor Name: City of Fort Worth
Project Name: North Z Boaz Park
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 renovate and further develop North Z Boaz Park to include
construction of a multi-purpose concrete trail, multi-use practice fields, paved parking area, picnic
shelters, multi-use sport court, fishing pier, landscape restoration (native plants and irrigation),
and benches.
Fort Worth North Z Boaz Park is located at 3200 Lackland Road, Fort Worth, Tarrant County,
Texas 76116.
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. — - ----
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City of Fort Worth-55-000040
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(a-tpwd.texas.gov
Project Coordinator:
Aaron Friar
Grant Coordinator
Local Park Grants Program
Recreation Grants Branch
4200 Smith School Road
Austin, Texas 78744
(512) 389-8040
aaron.friar@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
Bryan Lyness
Landscape Architect
City of Fort Worth
200 Texas St
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City of Fort Worth-55-000040
Fort Worth, Texas 76102
(817) 392-5781
bryan.lyness@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.
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City of Fort Worth-55-000040
MODIFICATION, REMEDIES FOR NON-COMPLIANCE TERMINATION
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
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or developed with program assistance and that it cannot be converted to other than public
recreation use.
F. Nondiscrimination
The Sponsor shall comply with Title VI of the Civil Rights Act of 1964, which in part,
1. Prohibits discriminatory employment practices resulting in unequal treatment of persons
who are or should be benefiting from the grant-aided facility.
2. Prohibits discriminating against any person on the basis of residence.
III. 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
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the project to the point of recreational usefulness agreed upon by the Sponsor and
the Department.
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.
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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
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.
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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 15th, April 15th, July 15th
Commission approval) and October 15th
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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 4th 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.
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City of Fort Worth-55-000040
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 By:
Dana Lagarde, Director of Recreation Grants Fernando Costa, Assistant City Manager
Name and Title n Name and Title
Date: l oc.��j� Date: /,2Z-Z--tZ/9
TPWD Approval Date
SAM Number, Date, Initials: 4GLM6, 12/3/2019,of
Attachment A—Budget Summary of Project Costs
Attachment B —Project Boundary Map, signature required
Attachment C—Certificate of Land Dedication, signature required
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Page 10 of 15 oai202oi
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.
7i I �
B yes RLA
i `t�NfPt✓ .�`'�b2 N�� f
Title
❑ This form is N/A as No City Funds are associated
with this Contract
Printed Name/Signature
APPROVED AS TO FORM AND LEGALITY:
Matt Murray
Assistant City Attorney
ATTEST:
.: Form 1295: N/A
May y e ' , �.. ....,; ..
City Secreta y ` .,.�� u ,`. M&C No.: G-19577
M&C Date: June 25, 2019
v�S F C HFITARV
1 � �i CF !3
City of Fort Worth -55-000040
Attachment A
BUDGET SUMMARY OF PROJECT COSTS
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BUDGET SUMMARY
ATTACHMENT A
PROJECT: FORT WORTH North Z Boaz Park REIMBURSEMENT REQUEST NO.
PROJECT NUMBER: 55-000040
PERIOD COVERED:
COMPLETED COMPLETED TOTAL
ESTIMATE LAST REQUEST THIS PERIOD COMPLETE
1. PROFESSIONAL SERVICES
Limited to 12%of Construction Elements
2. CONSTRUCTION ELEMENTS
1. Mutti-Purpose Concrete Trail $ 650,000.00
2. Multi-Use Practice Fields $ 600,000.00
3. Paved Parking Area $ 275,000.00
4. Picnic Shelters $ 200,000.00
5. Multi-Use Sport Court $ 100,000.00
6. Fishing Pier $ 75,000.00
7. Landscape Restoration (native plants and
irrigation) $ 75,000.00
8. Benches $ 25,000.00
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%
(04/2010)
City of Fort Worth-55-000040
Attachment B
PROJECT BOUNDARY MAP
Signature Required
Page 13 of 15 04/24/2017
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Attachment C
CERTIFICATE OF LAND DEDICATION
Signature Required
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City of Fort Worth-55-000040
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 North Z Boaz Park, Project Number 55-000040, 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 --�eftZ� --
Fernando Costa, Assistant City Manager
Name, Title
Date
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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 Outdoor 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 2
Category 2 includes projects for which one or more permits may be required, but if constructed as proposed
and following permit requirements, should pose no significant environmental impacts. In general, these
projects may further reduce or avoid adverse impacts by implementing appropriate comments in the "General
Comments" attachment. These projects may also benefit from coordination with one or more of the TPWD
groups listed in the "Other Recommended Coordination" section of the attachment. Potential permits,
considered are described in the"Tyl7es of Permits" section attached.
City of Fort Worth—North Z Boaz Park,Tarrant County(Project ID 41096)The proposed project will
include: an open area multi-use athletic practice field, 2 miles of accessible 8' wide multi-use concrete trail
(non-motorized use only),paved parking areas,multi-use sport court,playground,fishing pier,picnic shelters,
park benches, and natural landscape/habitat restoration.
The project indicates the installation of a fishing pier in an existing pond. Potential Section 404 permits may
be needed if work at watercourses involves activities on the banks or within jurisdictional waters. The
application mentions that"Any construction impact on existing wetlands will be mitigated by properly creating
drainage swales, and creating buffer zones along the wetlands, by planting and restoring native vegetation."
Note that the Fort Worth District of the USACE(817-886-1731) should be contacted regarding any potential
impacts to wetlands and streams and the appropriate mitigation for such impacts. TPWD grant funds should
not be used for impacts or required mitigation to wetlands or streams. TPWD recommends referring to Types
of Permits and General Comments sections of the attachment. TPWD recommends an un-mowed riparian
buffer of native vegetation be established within approximately 20-30 feet of the primary stream that runs
north/south through the property. The establishment of a riparian creek corridor will protect creek banks and
promote a wildlife-friendly and aesthetically-pleasing corridor.
The project indicates planting with native vegetation,such as milkweed,to support monarch migration. Please
note that the non-native Tropical milkweed(Asclepias curassavica)is a popular commercial nursery milkweed
that can persist year-round in southern states;however the year-round persistence of Tropical milkweed fosters
greater transmission of the protozoan Ophryocystis elektroscirrha, increasing the likelihood that monarch
butterflies (Danaus plexippus) become infected with the debilitating parasite. TPWD recommends avoiding
the use of Tropical milkweed in establishing native vegetation. The following resource provides information
on Cross Timbers and Prairies Ecoregion species that may be useful in choosing native plants appropriate for
the project area: https://www.wildflower.org/collections/ - Choose Cross Timbers under Plants by Texas
Ecoregions.A planting list for any grant-funded plantings should be provided for review.
For fields and project amenities that require lighting, TPWD recommends utilizing the minimum amount of
night-time lighting needed for safety and security. TPWD recommends utilizing dark-sky friendly lighting
that triggers on only when needed, is down-shielded, is as bright as needed, and minimizes blue light
emissions. Appropriate lighting technologies and BMPs may be found at the International Dark-Sky
Association website.
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).
E. 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/ipaco 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(o)_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(a)_tpwd.texas.gov
• TPWD Inland Fisheries Division (Permit to Introduce Fish, Shellfish, or Aquatic Plants
into Public Waters)
January 2019 Version Page I 1
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(cDtpwd.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/management/biologist/
• 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(atpwd.texas.gov
• TPWD Wildlife Division —Wildscapes or Urban Wildlife Programs— For beneficial
planting/landscaping/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://tpwd.texas.gov/h untwiId/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 1pomoea 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: Myhaceae 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
Ye'1!r �+fr?e'r'S ?rlr?1?g reel! S!'o'.rs
Re: Project Review under Section 106 of the National Historic Preservation Act and/or the Antiquities
Code of Texas
201902679
City of Fort Worth - North Z Boaz Park3200 Lackland Road
Forth Worth,TX 76116
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
M&C Review Page | of2
Official site m the City of Fort Worth,Texas
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved mnG/2S/2O19 -Ordinance No. 3371Q-OG-2O19
='===`==========,�==-==,=
REFERENCE 80NORTH Z BOAZ PARK-
DATE' �2�2010 N�� .
G-19677 L��<� �0AUNE� TPVVO GRANT FUNDS
.
'' APPROPRIATION
NON- PUBLIC CODE: G TYPE: NO
' CONSENT HEARING:
SUBJECT: Authorize Acceptance of a Texas Parks and Wildlife Department Urban Outdoor
Recreation Grant in the Amount of$1,000,000.00 for North Z Boaz Park, Transfer
Matching Funds in the Amount of$1.UUU.008.80 for aTotal Grant Project Amountof
$2.0U0.08U.0O. and Adopt Appropriation Ordinance (2U18 Bond Program) (COUNCIL
DISTRICT 3)
REC
OMMENDATION:
It|tio recommended that the City Council:
1. Authorize the acceptance of a Texas Parks and Wildlife Department Urban Outdoor Recreation
Grant for North Z Boaz Park with State participation in the amount of$1,000,000.00 and City
participation in the amount of$1.00O.8U0.O0 for o total grant project cosdof$2.000.000.08;
2. Authorize the transfer of$1.000.088.00 from the 2018 Bond Program Fund to the Grants Capital
Project Fund as the City's grant matching funds; and
3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in
the Grants Capital Project State Fund in the amount of$2.00O.000.0U.
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
appropriate the $1.000.000.00 required match. The grant, as awarded by TPVVO. includes State
participation in the amount of$1,000,000.00. This grant will provide for the development of park
improvements at North Z Boaz Park, an approximately 138-acre tract of land located at 3200
LacNand Rood. in west Fort Worth.
On Gaptannber18. 2O18. the City Council adopted Resolution No. 4981-O0-2O18 authorizing the Park
& Recreation Department (PARD) to apply for an Urban Outdoor Recreation Grant from the TPWD.
The application was successful, and on Mnroh2O. 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 North 2 Boaz Park.
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 2018 Bond Funds already appropriated for the
development ofNorth Z Boaz Park. This follows the City'm 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, deaign, construction inapeution, and materials testing.
This contract will be with a governmental entity, state agency or public institution of higher education:
hnn:/6apno.ofp/uo1.ocg/oouucil nuokot/mo_!cvievv.owp?lI}=26977&uouuoi|dato~~h/25/2O|9 12/11/2019
M&C Review Page 2 of 2
Texas Parks and Wildlife Department, and does not request approval of a contract with a private
business entity.
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.
North Z Boaz Park is located in COUNCIL DISTRICT 3.
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 Fund.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference#
ID ID Year (Chartfield 2) Amount
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- North Z Boaz- Location Map.pdf
2018-TPWD-North Z Boaz-Master Plan 2012.pdf
2018-TPWD- North Z Boaz-Site Plan.pdf
2018-TPWD UORG-N Z Boaz-Grant Authorizing Resolution-09182018-FINAL.pdf
80NORTH Z BOAZ PARK-TPWD GRANT FUNDS APPROPRIATION 31002 A019.docx
http://apps.cfwnet.org/council_packet/mc review.asp?ID=26977&councildate=6/25/2019 12/11/2019
Soto, Vania Elizabeth
From: Murray, Matt
Sent: Wednesday,January 8, 2020 10:25 AM
To: Lyness, Bryan L.
Cc: Soto, Vania Elizabeth
Subject: RE: CSC No. 53327 with Texas Parks and Wildlife Commission
Bryan,
The only change is the addition of Fernando's signature and it's fine with me.
Thanks,
Matt Murray
Assistant City Attorney I
City Attorney's Office
200 Texas Street
Fort Worth, Texas 76102
817-392-8864
817-392-8359 (fax)
Matthew.Murraygfortworthtexas.goo
FORT WORTHe
From: Lyness, Bryan L.
Sent: Wednesday,January 8, 2020 9:57 AM
To: Murray, Matt<Matthew.Murray@fortworthtexas.gov>
Cc: Soto, Vania Elizabeth <Vania.Soto@fortworthtexas.gov>
Subject: FW: CSC No. 53327 with Texas Parks and Wildlife Commission
Matt,
Can you help me with this? Highlighted below.
You and I talked about it last week. The map exhibit in the North Z Boaz TPWD Grant Agreement was not
signed, so I sent it back to Fernando to get it signed. Then I sent it to CSC to so they can fix their record file,
but they need your approval to fix their file.
Thanks,
Bryan Lyness, RLA
CFW - PARD
D: 817-392-5728
C: 682-215-8135
i
E: bryan.Iyness(ab-fortworthtexas.gov
From: Soto, Vania Elizabeth
Sent: Wednesday,January 8, 2020 7:53 AM
To: Lyness, Bryan L. <Bryan.Lyness@fortworthtexas.gov>; Winterrowd, Elisa <Elisa.Winterrowd@fortworthtexas.gov>
Subject: RE: CSC No. 53327 with Texas Parks and Wildlife Commission
I will need authorization from your attorney that they have reviewed it and approve the replacement since the contract has
already been uploaded. Please reach out to your attorney and forward me their response.
FYI Elisa does not need to be included. I'm the only one who handles contracts.
Vania E. Soto
Administrative Assistant
City Secretary's Office
817-392-6090
Vaiiia.Soto@foi-hvortlitexas.gov
From: Lyness, Bryan L.
Sent:Tuesday,January 7, 2020 5:39 PM
To: Soto,Vania Elizabeth <Vania.Soto@fortworthtexas.gov>; Winterrowd, Elisa <Elisa.Winterrowd@fortworthtexas.gov>
Subject: CSC No. 53327 with Texas Parks and Wildlife Commission
This contract was scanned into record, and picked up. But there was a page that wasn't signed. Please replace
the unsigned page in the record copy with the attached signed page.
Bryan Lyness, RLA
CFW - PARD
D: 817-392-5728
C: 682-215-8135
E: bryan.lyness(aD_fortworthtexas.gov
From:Soto,Vania Elizabeth
Sent: Friday, December 27, 2019 10:36 AM
To: Lyness, Bryan L. <Bryan.Lyness@fortworthtexas.gov>
Cc: Garcia, Cynthia B. <Cynthia.Garcia@fortworthtexas.gov>
Subject: Contract Ready for Pickup
CSC No. 53327 with Texas Parks and Wildlife Commission
Vania E. Soto
Administrative Assistant
City Secretary's Office
817-392-6090
Vania.Soto gfortworthtexas.gov
2