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HomeMy WebLinkAboutContract 48089 CITY SECRETARY gJ�gg CONTRACT N0, v C17yo 1616 TEXAS PARKS AND WILDLIFE DEPARTMENT ergs°�'wo� Z1RY LOCAL PARK GRANT PROGRAM — PROJECT AGREEMENT Project Sponsor and Name: FORT WORTH Northwest Community Park II Project Number: 55-000021 Project Period: TPWD Approval Date to January 31,2018 Total Project Cost: $2,000,000.00 Approved State Funds: $ 1.000,000.00 PROJECT DESCRIPTION (SCOPE): The City of Fort Worth will further develop 245.769-acre Northwest Community Park to include lighted baseball fields, lighted softball field, unlighted softball/T-ball field, multi-purpose trail, habitat restoration, interpretive signs, picnic units, roads and parking, Fort Worth Northwest Community Park is located in the northwest area of the City at 8575 Blue Mound Road, Fort Worth, Texas 76131-3533. For and in consideration of the mutual covenants and benefits hereof, the Texas Parks and Wildlife Department ("Department") and the "Sponsor" hereby contract with respect to the above described project as follows: 1. The Sponsor is obligated to adhere to all requirements established for the Local Park Grant Program including program guidelines set out at 31 TAC Sec. 61.132-61,137. 2. No work on the project by the Sponsor shall commence until written notice to proceed has been received from the Department. 3. The Sponsor shall furnish the Department an annual report every August 1" for a period of five years following the project completion, providing to the satisfaction of the Department information regarding present and anticipated use and development of the project site. 4. The Sponsor shall install and maintain at the project site a permanent fund acknowledgment sign as prescribed by the Department. 5. All utilities at the project site shall be underground and approved by the Department. 6. The General Provisions dated February 2008 attached hereto are hereby made part of this agreement. 7. The Summary of Guidelines for Administration of Local Park Grant Program or LWCF Acquisition and Development Projects dated January 2008 attached hereto is hereby made part of this agreement. 8. The original application and supplemental documentation submitted by the sponsor are hereby made part of this agreement. 9. The Agreement is effective upon execution by the Department. OFFICIAL RECORD CITY SECRETARY 1 FT. WORTH, TX Revised 03/2015 t t t TEXAS PARK ND LDLIFE DEPARTMENT CITY OF FORT WORTH / Political stun(Sponsor) by by Tim Hoosett, Director, Recreation Grants Branch Susa Afanis, Assistant City Manager Name and Title Name and Title S.a/-•/oi TPWO App vAM Date APPROVED AS TO FORM AND LLGALIT �NIA or ❑ SAM, Datellnitials: 02/04/2Q15-re istant city p y 1 oy ary J. r, Ci • .. SAS 2 Revised 0312015 LOCAL PARK GRANT PROGRAM TEXAS LARGE COUNTY&MUNICIPALITY RECREATION&PARKS ACCOUNT GENERAL PROVISIONS Revised February 2008 I. Definitions A. The term"Department'as used herein means the Texas Parks&Wildlife Department or any representative delegated authority to act on behalf of the Department. B. The term"Project"as used herein means a single project which is the subject of this project agreement. C. The term"Sponsor"as used herein means the political subdivision which is party to the project agreement. D. The term"LPGP"as used herein means the Local Park Grant Program. E. The term"Manual"as used herein means the Local Park Grant Programs Manual. IL Continuing Assurances A. The parties to the project agreement specifically recognize that receipt of program assistance creates an obligation to maintain the property described in the project agreement consistent with the Manual,and the following requirements: B. The sponsor agrees that the property described in the project agreement and in the dated project boundary map made part of that agreement is being acquired or 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. C. The sponsor agrees that the benefit to be derived by the State of Texas from the full compliance by the sponsor with the terms of this agreement is the preservation, protection,and the net increase in the quality of public recreation facilities and resources which are available to the people of the State,and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of assistance under the terms of this agreement. D. The sponsor agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by the Retention,Operation&Maintenance Responsibilities guidelines of the 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 proiect agreement, and the dated project boundary map made part of that agreement, has been acquired 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 Circulars 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 Circulars A-102 (Uniform administration requirements for grants-in-aid to State and Local governments), and the OMB A-87(Cost principles applicable to grants and contracts with State and Local governments),as they relate to the application,acceptance and use of State funds for grant assisted projects. It is the responsibility of the grant sponsor to have a Single Audit done annually according to the Texas Single Audit Circular for state funded projects and according to OMB Circular A-133 for federally funded projects. A copy of this audit must be furnished to the Department when completed. TEXAS LARGE COUNTY&MUNICIPALITY RECREATION&PARKS ACCOUNT GENERAL PROVISIONS-Continued B. Project Application 1.The application for state assistance bearing the same project name as the agreement and associated documents is by this reference made a part of the agreement. 2.The sponsor possesses legal authority to apply for the grant and to finance and construct the proposed facilities. A resolution or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the sponsor to act in connection with the application and to provide such additional information as may be required. 3. The sponsor has the ability and intention to finance the non-State share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. C. Project Execution 1.The project period shall begin with the date of approval by the Parks and Wildlife Commission and shall terminate at the end of the:stated or amended project period unless the project is completed or terminated sooner, in which event the project period shall end on the date of completion or termination. 2. The sponsor will cause work on the project to be commenced within a reasonable time after receipt of notification that funds have been approved and assure that the project will be prosecuted to completion with reasonable diligence. 3.The sponsor will require the facility to be designed to comply with the minimum requirements for accessibility for the handicapped in conformance with the Texas Architectural Barriers Act(Article 9102-Texas Civil Statutes), and the Americans with Disabilities Act of 1990 (PL 101-336). The sponsor will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. 4.The sponsor shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all Federal,State,and local laws and regulations. 5. In the event the project covered by the project agreement cannot be completed in accordance with the plans and specifications for the project,the sponsor shall bring the project to the point of recreational usefulness agreed upon by the sponsor and the Department. 6.The sponsor will provide for and maintain competent and adequate architectural and engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications. 7.The sponsor shall furnish quarterly progress status reports to the Department beginning with the date of Parks & Wildlife Commission approval. 8.The sponsor will comply with the provisions of: Executive order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement of water pollution; Executive Order 11990, relating to the protection of wetlands; and the Flood Disaster Protection Act of 1973(P.L.93-234)87 Stat.975. 9.The sponsor will assist the Department in its compliance with the Texas Antiquities Code(Revised 9/1/87)by (a) consulting with the Texas Antiquities Committee on the conduct of investigations,as necessary,to identify properties listed or eligible for listing as State Archeological Landmarks,and to notify the Department of the existence of any such properties,and by (b) complying with all requirements established by the Department to avoid or mitigate adverse effects upon such properties. D. Construction Construction by the sponsor shall meet the following requirements: 1.Contracts for construction must be in compliance with the Local Government Code (htto://tlo2.tic.state.b(.us/statutes/Ig.toc.htm)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 program funds are being used to assist in construction. 3.Written change orders shall be issued for all necessary changes in the facility being constructed. Such change orders shall be submitted to the Department for review and,if approved,shall be made a part of the project file and should be kept available for audit. 4.The sponsor shall incorporate,or cause to be incorporated,into all construction contracts the following provisions: TEXAS LARGE COUNTY&MUNICIPALITY RECREATION&PARKS ACCOUNT GENERAL PROVISIONS-Continued During the performance of this contract,the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, gender, or national origin. The contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race,religion,color,gender or national origin. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,religion,color,sex,or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice,to be provided by the agency contracting officer, advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No. 11246, as amended (3 CFR 169 (1974), and shall post copies of notices in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order No. 11246,as amended, and the rules, regulations,and relevant orders of the Secretary of Labor. (e) The contractor will furnish all information and reports required by Executive Order No.11246,as amended,and by the rules,regulations, and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. (f) In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders,this contract may be cancelled,terminated,or suspended in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246,as amended,or by rule, regulations,or order of the Secretary of Labor,or as otherwise provided by law. (g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contract will take such action with respect to any subcontract or purchase order as the contracting agency may direct as means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. E. Conflict of Interests 1. No official or employee of the State or local government who is authorized in his official capacity to negotiate,make,accept,or approve,or to take part in such decisions regarding a contract or subcontract in connection with this project shall have any financial or other personal interest in any such contract. 2. No person performing services for the State or local government in connection with this project shall have a financial or other personal interest other than his employment or retention by the State or local government, in any contract or subcontract in connection with this project. No officer or employee of such interest is openly disclosed upon the public records of the State, and such officer, employee or person has not participated in the acquisition for or on behalf of the Participant. F. Project Costs Project costs eligible for assistance shall be determined upon the basis of the criteria set forth by the Manual. G. Project Administration The sponsor shall promptly submit such reports and documentation as the Department may request. H. Retention and Custodial Requirements for Records 1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained for a period of three years after final payment;except the records shall be retained beyond the three-year period if audit findings have not been resolved. 2. The retention period starts from the date of the final expenditures report for the project. 3. Microfilm copies are authorized in lieu of original records. TEXAS LARGE COUNTY&MUNICIPALITY RECREATION&PARKS ACCOUNT GENERAL PROVISIONS-Continued 4. The Department, State Comptroller of Public Accounts, State Auditors Office, or any of their duly authorized representatives, shall have access to any books,documents, papers, and records of the sponsor which are pertinent to a specific project for the purpose of making audits,examinations,excerpts and transcripts. I. Project Termination 1. The Department may temporarily suspend 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 project at any time prior to the first payment on the project. After the initial payment,the project may be terminated,modified,or amended by the sponsor only by mutual agreement with the Department. 3. The Department may terminate the project in whole, or in part, at any time before the date of completion,whenever it is determined that the sponsor has failed to comply with the conditions of the grant. The Department will promptly notify the sponsor in writing of the determination and the reasons for termination, together with the effective date. Payments made to the sponsor or recoveries by the Department under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Department or sponsor may terminate grants in whole,or in part, at any time before the date of completion,when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination,the portions to be terminated. The sponsor shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Department may allow full credit to the sponsor for the State share of the non-cancelable obligations, property incurred by the sponsor, pending written receipt of the determination and the reasons for termination,together with the effective date. Payments made to the sponsor or recoveries by the Department under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the sponsor and the Department,or that all funds provided by the Department be returned. J. Noncompliance In the event that the sponsor does not comply with provisions as set forth in the grant project 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. I have read the General Provisions and understand that the project sponsor which I represent will be responsible for compliance with the above conditions as a result of the receipt of grant assistance from the Texas Large County & Municipality Recreation & Parks Account Program. It is also understood that the General Provisions are part of the grant project agreement. Project Name and Number: FORT WORTH Northwest Community Park II, Project Number 55-000021 Signa ure of icial Authorized in Resolution ®R Susan Alanis, Assistant Cit ® er ) O m Name and Title c'� Date .� C) r r 8o �1 n X Ps�PR41 El) AND TY. O J. 6 r, i . ^• ,trcroev y r��tial�izth� 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 Project Agreement for FORT WORTH Northwest Community Park II, Project Number 55-000021, 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 Political Subdivision 1 By Su Janis, Assistant City Manager Name and Title Date ' A l,HR0VN?t3 AS TO?G-,aA AND LEGALITY: 7 ary J. , CiqP9emtary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX SUMMARY OF GUIDELINES FOR ADMINISTRATION OF TEXAS LARGE COUNTY&MUNICIPALITY RECREATION & PARKS ACCOUNT LOCAL PARK GRANT PROGRAM PROJECTS (Revised January 2010) 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 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 funds to other projects, or to deny requests for additional grant funds for new projects: ACTIVITY TIME FRAME Commission Approval Begin 3-year project period (4-year max) Grant Agreement Execution (Department&Sponsor) As soon as possible after Commission approval Pending Documentation such as: • U.S.Army Corps of Engineers 404 • TCEQ Permits • Environmental Resources Survey Accomplished prior to first construction • THC Cultural Resources Survey and Clearance reimbursement. • TPWD Biological Consultations • ROW Abandonment • Lease/Joint-Use Agreement Execution,etc. Quarterly Status Reports(beginning with Commission On or before January 151h, April 15`h, July 15th and approval) October 15'h 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 4 fiscal year) SUMMARY OF GUIDELINES (Continued) 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 Project 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 twenty-five (25) percent of the approved grant amount; and • The total of approved grant 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. FAILURE TO MEET ANY ONE OF THE ABOVE CRITERIA MAY BE GROUNDS FOR DENYING NEW GRANT FUNDS. ASSESSMENT OF THE ABOVE CRITERIA IN CONJUNCTION WITH REQUESTS FOR NEW GRANTS WILL BE MADE PRIOR TO SUBMISSION OF FUNDING RECOMMENDATIONS TO THE PARKS AND WILDLIFE COMMISSION. I have read the "Summary of Guidelines for Administration of Local Park Grant Program Projects" and understand that the project sponsor, which I represent, will be responsible for compliance with the above conditions as a result of the receipt of grant assistance from the Local Park Grants Program. It is also understood that the "Summary of Guidelines for Administration of Local Park Grant Projects" is part of the grant Project Agreement. Signatur of O icial Authorized in Resolution Date Susan Alanis, Assistant City Manager Name and Title FORT WORTH Northwest Community Park II, 55-000021 Project Name and Number t9 0 AppROVED AS TO POR►rt AND OTY` /GL = m m =� 00 � � o � J. a r� ity gecre Stl70.1,KwoM 1tl0-4 d`dW 1d3ON00 H AMO IVOI )Iybd AIINmNiNco 1SAMH1 dN fyI cog e I it f ,� 111111 =gy 4, I CL ■ ir ' 01 1.1 ar u W m I c D in .0 r E = m � x r x- y d Ix $ c 8 Ur e a o o cc @ o -0 O O TY O O Z y ■ W C LL O ■ ' � �E �i� � ■ m J q N p J W 0 F * A o o E _ e e d E a a a m U x a F h m Ci I y iL.p A F bv j W - , I M m i J a , �_ BUDGET SUMMARY PROJECT: FORT WORTH Northwest Community Pk II REIMBURSEMENT REQUEST NO. PROJECT NUMBER: 55-000021 PERIOD COVERED: COMPLETED COMPLETED TOTAL ESTIMATE LAST REQUEST THIS PERIOD COMPLETE 1. PROFESSIONAL SERVICES Construction Plans&Specifications Limited to 12%of Construction Elements 2. CONSTRUCTION ELEMENTS 1. Lighted youth baseball fields(2) $ 550,000.00 2. Lighted adult baseball field $ 325,000.00 3. Lighted softball field $ 300,000.00 4. Soccer/T-ball field $ 135,000.00 5. Trail(0.34 mi X 8'),concrete $ 71,500.00 6. Habitat restoration $ 20,000.00 7. Interpretive signs $ 12,000.00 8. Picnic tables(2) $ 5,000.00 9. Access road $ 364,000.00 10. Parking $ 217,500.00 Construction Cost $ 2,000,000.00 Less Retainage $ 0.00 TOTAL CONSTRUCTION $ 2,000,000.00 3. LAND ACQUISITION TOTAL ACQUISITION $ 0.00 TOTAL PROJECT COST $ F 2,000,000.00 MATCH: $1,000,000.00 0% (04/2010 TEXAS HISTORICAL COMMISSION real places telling real stories December 10, 2014 Dana Lagarde Local Park Grant Programs Texas Parks and Wildlife 4200 Smith School Road Austin,TX 78744-3291 Re: Project review under the Antiquities Code of Texas and National Historic Preservation Act: Local Park Grant Programs projects, Multiple Counties 2014(TPWD) Dear Ms. Lagarde: Thank you for your correspondence describing the above referenced project. This letter serves as comment on the proposed undertakings from the State Historic Preservation Officer,the Executive Director of the Texas Historical Commission. The review staff, led by Rebecca Shelton, has examined our records. According to our maps,the following projects are in areas that have not been surveyed and are in setting that may contain archeological deposits. These proposed projects should be surveyed by a professional archeologist. The Town of Prosper,Cockrell Park(THC 4201502979) is located in an area that may contain archeological deposits and survey should be conducted. Future development plans on this public park will also be subject to review by this agency under the Antiquities Code of Texas. The City of Valley Mills, Boy Scout Park(THC #201502980) is located in an area that may contain archeological deposits and survey should be conducted. Future development plans on this public park will also be subject to review by this agency under the Antiquities Code of Texas. City of Fort Worth,Northwest Community Park II (THC #201502986) is located in an area that may contain archeological deposits and survey should be conducted. Future development plans on this public parts will also be subject to review by this agency under the Antiquities Code of Texas. The City of Leander, Lakewood Community Park(THC #201502988) is located in an area that may contain archeological deposits and survey should be conducted. Future development plans on this public park will also be subject to review by this agency under the Antiquities Code of Texas. RICK PERRY, GOVERNOR • GILBERT E. PETERSON, CHAIRMAN • MARK WOLFE, EXECUTIVE DIRECTOR ❑ n DAV I 007 - AI ICTiki TCV AC -7074 i 777C - ❑ CIII AC7 C nn . C r 1 0 A7C A070 . Tnn i Qnn 77S •1❑D❑ . ...... ., 1{... -- #- Dana Lagarde TEXAS HISTORICAL COMMISSION Page-2- , real places telling real stories The City of Allen, Watters Branch Community Park(THC #201502990) project will require archeological survey. Future development plans on this public park will also be subject to review by this agency under the Antiquities Code of Texas. Seven projects will not require archeological survey; City of Rockwall,Stone Creek Park (THC 4201502987), City of Edgewood,City Park(THC 4201502985), City of Enchanted Oaks, Community Park(THC #201502984), City of Pilot Point, Old City Park(THC #201502983), City of Italy, Upchurch Ballfields (THC #201502982), City of Troy,Trojan Park(THC #201502981),and City of Flower Mound,Twin Coves Park(THC #201502989) Therefore, no additional consultation with this office is required and they may proceed as planned. If buried archeological deposits are discovered during the development phases of these projects, work should be stopped in the immediate area of such finds and this office should be notified immediately. The work should meet the minimum archeological survey standards posted on-line at www.thc.state.tx.us. A report of investigations should be produced in conformance with the Secretary of the Interior's Guidelines for Archaeology and Historic Preservation, and submitted to this office for review. In addition, any buildings 45 years old or older that are located on or adjacent to the tract should be documented with photographs and included in the report. You may obtain lists of most professional archeologists in Texas on-line at: www.c-tx-arch.org or www.rpanet.org. Please note that other potentially qualified archeologists not included on these lists may be used. Since the surveys are being performed on public land or within a public easement a contract archeologist must obtain an Antiquities Permit from our office before any investigations are undertaken. An Antiquities Permit can be issued as soon as we have a completed permit application. Thank you for your cooperation in this federal and state review process, and for your efforts to preserve the irreplaceable heritage of Texas. If you have any questions concerning our review or if we can be of further assistance, please contact Rebecca Shelton at 512.463-6043 or rebecca.shelton @thc.state.tx.us. Sincere , for Mark Wolfe, State Historic Preservation Officer MW/rls RICK PERRY, GOVERNOR •GILBERT E_ PETERSON, CHAIRMAN • MARK WOLFE, EXECUTIVE DIRECTOR D n Onv - AIICTIAI TfVAC -707-1-1 1177(.` - D G-1'7 AC7 Cann - C Gi.'7 A7r. A077 -Tnn 1 Ann 77[: 7Q4o - ......... tk, nt,tn ♦v ..n OUTDOOR RECREATION GRANT PROGRAM CULTURAL RESOURCE SURVEY GUIDELINES Your project was approved for award of grant funds, and a copy of your application was forwarded to the Texas Historical Commission (THC) for review. A determination has been made by THC that the project warrants further cultural resource management investigation at your project site. General information on the cultural resource management process may be found at the THC website: www.thc.state.tx.us/crm/crmdefauIt.htm1. To find a cultural resource professional, check the yellow pages of your phone book under "Archaeologists" or "Environmental Consultants". You may also go to the Council of Texas Archeologists website at www.c-tx-arch.org to view a listing of potential candidates for the study under the "Contractors List' section of this site. A report of the survey or other investigations will be prepared by the contractor and submitted to the THC for review. Upon approval of the findings and recommendations of the consultant, the THC will issue a stamped statement of concurrence with the report. A copy of this THC review statement must be forwarded to the Department before notice to proceed with construction will be given for your project. TEXAS PARKS AND WILDLIFE COORDINATION-ROUTING OFFICE MEMO RAN D U M DIV. NAME INITIAL DATE IF Ryan McGillicuddy TO: Zach Thomas Recreation Grants Program FROM: Ryan McGillicuddy REMARKS: Watershed Policy&Management Inland Fisheries Division RETURN T0: SUBJECT: Fall 2014 Urban Outdoor Grant Application Review DATE: 12/03/14 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 "Types of Permits" section attached. City of Fort Worth—Northwest Community Park Phase II(ERCS#33766): The project area offers a unique opportunity for the City to conserve a habitat buffer along a portion of Big Fossil Creek that includes wooded riparian habitat as well as large amounts of open grassland habitat containing native grasses and wildflowers beneficial for grassland birds and other wildlife. The Phase H plan places the ball fields and parking in the northeast quadrant of the property with access to Blue Mound Road. The southwest and northwest quadrants of the property are adjacent to a railroad with no road access making the area ideal for sustaining as an open, undeveloped area as indicated on the concept maps, with the exception of park trails and the existing lake. TPWD recommends the City retain the undeveloped nature of the western quadrants and the southern periphery using minimal maintenance inputs such as mowing once every year or two to prevent woody encroachment into grassland habitat. In addition to guidance from TPWD staff,there may be opportunity for the City to enlist the Texas Master Naturalist program, Fort Worth Nature Center, the Native Prairies Association of Texas,and the Botanical Research Institute of Texas for guidance and assistance with management of the undeveloped grassland areas for restoration toward a robust native prairie: htip:Htexasprairie.org/index.php/about us/affiliations and http://brit.ore/. Please contact Derek Broman,TPWD Fort Worth Urban biologist,for more information on local assistance opportunity at 972-293-3841 or Derek.Broman @tpwd.texas.gov. The project involves trail construction across Big Fossil Creek below the lake spillway and access road construction across Big Fossil Creek and its tributary. Construction across wetlands and waters of the U.S. may be subject to Section 404 permitting. The applicant should consider Night Sky Friendly lighting and signage for education. The City's commitment to removing non-native species, protecting riparian and aquatic vegetation and habitat, and incorporating TPWD's biologist Derek Broman's recommendations will be important for managing this important habitat. Monitoring of Phase 1 should be implemented to make sure erosion isn't happening along trails that could impact the creek. Questions regarding environmental review of recreation grant projects can be directed to Preston Bean of the Inland Fisheries Division (830-866-3040) 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) (Mr. David Galindo 512-239-0951) • TCEQ Water Rights Permit(diversion or impoundment of water in waterways) (TCEQ Water Rights Permitting and Availability Section 512-2394691) ■ EPA Construction/Stormwater 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. (Mr. Everett Spencer 214-665-8060 or TCEQ 512-2394671) • USFWS clearance(federally listed threatened&endangered species/habitat) The U.S. Fish and Wildlife Service (USFWS) should be consulted, if Natural Diversity Database search indicates activities may impact federally listed species or habitat, to assist in the evaluation of the proposed activities that may affect federally listed rare,threatened, or endangered wildlife species. Further consultation or surveys may be necessary to determine impact. • TPWD Sand and Gravel permit(state owned waterways or bay bottoms) The TPWD 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 bottoms of State-navigable streambeds and bay bottoms. (Mr. Tom Heger 512-3894583) • 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 conjunction with a Permit to Introduce Fish, Shellfish or Aquatic Plants into Public Waters and an Aquatic Resource Relocation Plan. (Mr. Don Pitts 512-389-8754 or don.pittsAtpwd.texas.gov) • TPWD Inland Fisheries Division(Permit to Introduce Fish, Shellfish,or Aquatic Plants into Public Waters) 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. (Ms. Luci Cook-Hildreth 512-389-8750) Other Recommended Coordination • TPWD Inland Fisheries Division(establishment and management of pond fisheries) • TPWD Wildlife Division--Wildscapes or Urban Wildlife Programs(beneficial planting/landscaping/xeri scapi ng) • Urban Wildlife program coordinator-Richard Heilbrun 210-688-6447 • TPWD Wildscapes program administrator-Mark Klym 512-389-4644 ■ Urban Wildlife Biologist for Central Texas -Kelly Conrad Simon, best to reach her via email at Kelly.simonAtpwd.texas. ov • The Natural Diversity Database should be consulted to assist with the data search for state or federally listed rare,threatened, or endangered plant&wildlife species; as well as other rare or unique habitats and ecological resources. (Mr. Bob Gottfried 512-389-8744) • TPWD Wildlife Division Habitat Assessment Program(terrestrial habitat impacts/planting) (Ms. Julie Wicker 512-389-4579) • TPWD Inland Fisheries Division—Watershed Conservation Team(wetland and aquatic habitat impacts/enhancement/creation) (Mr. Tom Heger 512-389-4583) 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 crossovers should be located in areas where vegetation removal or disturbance can be avoided or minimized. The crossovers should span the entire creek channel with the headwalls at or above the top of the bank in order to avoid destabilizing the bed and banks. 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. After all, as many communities are learning, access to wildlife for casual recreation is not only a valued public benefit itself, but also a potential boost to the local economy. 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, 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 fish and wildlife endemic to the area. Also,where possible, clearing of understory vegetation should be minimized because such vegetation provides habitat to small mammals and birds.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. 6. Park sites containing ponds or proposing the construction of a pond should take measures to insure that any domesticated waterfowl that take up residence at the pond are removed immediately by legal means. Domestic waterfowl pose a danger to native wild duck populations by providing a disease vector for duck plague,New Castle Disease, avian cholera, avian tuberculosis, chlamydiosis,bird flu and West Nile virus. Furthermore,the close genetic relationship between domestic and wild waterfowl can result in hybrid offspring,which has the effect of diluting the gene pool of wild populations and presents the possibility of breeding native species out of existence. Signs should be placed in the vicinity of park ponds to educate the public on the negative impacts of the release and feeding of domestic waterfowl. Controlled Plants No person may import,possess, sell, or place into water of this state exotic, harmful, or potentially harmful fish, shellfish, or aquatic plants except as authorized by rule or permit issued by Texas Parks & Wildlife. Family Scientific name Common name Amaranth family: Amaranthaceae Alternanthera philoxeroides alligatorweed Sumac family: Anacardiaceae Schinus terehinthiijb us Brazilian peppertree Arum family: Araceae Pistia stratiotes water lettuce Morning-glory family: Convolvulaceae Ipomoea aquatica swamp morning-glory Water Milfoil family: Haloragaceae Mvriophyllum spicatum Eurasian watermilfoil Tape-grass family: Hydrocharitaceae Ottelia alismoides ducklettuce Hvdrilla verticillata hydrilla Lagarosiphon major oxygen-weed Spirodela oligorhiza duckweed Loosestrife family: Lythraceae Lythrum salicaria purple loosestrife Myrtle family: Myrtaceae Melaleuca quinquenervia punktree Grass Family: Poaceae Panicum repens torpedo grass Water-Hyacinth family: Pontederiaceae Eichhornia azurea anchored water hyacinth Eichhornia crassipes common water hyacinth Monochoria hastata arrowleaf falsepickerelweed Monochoria vaginalis heartshape false pickerelweed Salvinia Family: Salviniaceae all species of genus Salvinia Figwort Family: Scrophulariaceae Limnophila sessilii fora Asian marshweed Potato family: Solanaceae Solanum tampicense scrambling nightshade Bur-reed family: Sparganiaceae Sparganium erectum simplestem bur-reed TEXAS I March 26, 2015 PARKS WILDLIFE Life's better outside: Ms. Susan Alanis Assistant City Manager commissloners 1000 Throckmorton St, 3id FI City Hall Fort Worth TX 76102 Dan Allen Hughes,Jr. CBeeville Re: Fort Worth Northwest Community Park II Ralph H.Dugglns 55-000021 Vice-Chairman Fort Worth Dear Ms. Alanis: T.Dan Friedkln Chairman-Emeritus Houston On January 22, 2015, the Texas Parks and Wildlife Commission approved the Roberto De Hoyos City's grant proposal for Northwest Community Park Il through the Texas Large Austin County & Municipality Recreation &Parks Account. BIII Jones Austin Please print, sign, and upload the attached grant agreement documents under the James H.Lee assigned task in RGO. Once we have received the rant agreement, the required Houston 9 g g a Margaret Martin pre-construction tasks will appear. It is imperative that you do not start construction Boerne on your project without a "Notice to Proceed'from TPWD. S.Reed Mcrlan Houston For additional information you can find the "Instructions for Approves! Projects" Dick Scott manual under the Resources tab in RGO. We have also attached comments to Wimherley this packet from the resource review conducted on your application. Lee M.Hass Chairman'Emeritus Fort Worth 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 512-389-8109 or at roxane.eley@tpwd.texas.gov. I look forward to working with you on the successful completion of this project_ Sincerely, Roxane Eley Senior Grants Coordinator Local Park Grants Program Recreation Grants Branch cc: Bryan Lyness Senior Landscape Architect 4200 SMITH SCHOOL ROAD AUSTIN,TEXAS 78744-3291 512.389.4800 10 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. TEXAS PARKS AND WILDLIFE Recreation Grants Branch To assist you in accepting your recently approved grant, please note the list of documents that require the signature of the official point of contact, originally identified in the resolution submitted with the grant application. After ensuring all documents have been signed, scan only the signed documents and upload them as a single document under the assigned task in RGO (tpwd_ recgrants.fluidreview.com). ❑ Project Agreement • General Provisions • Certificate of Land Dedication • Summary of Guidelines • Project Boundary Map Please contact your TPWD Project Coordinator if you have any questions regarding these documents. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/26/2014 - Resolution No. 4350-08-2014 DATE: Tuesday, August 26, 2014 REFERENCE NO.: G-18298 LOG NAME: 80URBAN OUTDOOR GRANT 2014 NORTHWEST COMMUNITY PARK SUBJECT: Conduct a Public Hearing, Authorize Application for and Acceptance of a Texas Parks and Wildlife Department Urban Outdoor Recreation Grant in the Amount of$1,000,000.00, if Awarded, for the Northwest Community Park Athletic Fields Project and Adopt Resolution Authorizing the Application and Designating an Official to Act on Behalf of the City of Fort Worth in Dealing with the Texas Parks and Wildlife Department (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing to receive public comment on the City's application for a Texas Parks and Wildlife Department Urban Outdoor Recreation Grant in the amount of$1,000,000.00 for the Northwest Community Park Athletic Fields Project; 2. Authorize the application for and acceptance of the Grant, if awarded; and 3. Adopt the attached resolution authorizing the application and designating Assistant City Manager Susan Alanis as the official to act on behalf of the City of Fort Worth in dealing with the Texas Parks and Wildlife Department. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to conduct a public hearing to receive public comment on the City's application for a Texas Parks and Wildlife Department Urban Outdoor Recreation Grant in the amount of$1,000,000.00 for the Northwest Community Park Athletic Fields Project, authorize the application for and acceptance of the Grant, if awarded, and adopt the attached resolution authorizing the application and designating Assistant City Manager Susan Alanis as the official to act on behalf of the City of Fort Worth in dealing with the Texas Parks and Wildlife Department. The Texas Parks and Wildlife Department, Recreation Grants Branch (TPWD) administers the Local Park Grant Program, which include the Urban Outdoor Recreation Grant. The TPWD assists local units of government with the acquisition and/or development of public recreation areas and facilities throughout the State of Texas. The Local Park Grant Program provides matching fund(s) reimbursement grants to eligible local governments. Grants are awarded by the Parks and Wildlife Commission twice each year, as funds are available. The deadline for this program is August 31, 2014. The 2014 Bond Program Proposition Two: Parks, Recreation and Community Center Improvements established the amount of$4,350,000.00 for Athletic Field Development. Of those funds, the amount of $2,508,400.00 is specifically for athletic complex development at Northwest Community Park and as such will be the source of the City's matching funds. Logname: 80URBAN OUTDOOR GRANT 2014 NORTHWEST COMMUNITY PARK Page I of 2 r •• As a condition of this grant application, the TPWD and the City of Fort Worth Parks and Community Services Department are jointly committed to long term program compliance. This commitment includes compliance at the site assisted by the Local Park Grant Program as well as sites that were previously assisted by grant funds from the Land and Water Conservation Fund and the Texas Local Parks, Recreation and Open Space Fund. After all projects are completed and all grant funds have been reimbursed, the joint commitments to the requirements of the programs will continue. Northwest Community Park is location in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/AccounVCenters FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (6183) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) Logname: 80URBAN OUTDOOR GRANT 2014 NORTHWEST COMMUNITY PARK Page 2 of 2