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HomeMy WebLinkAboutContract 51344 City of Fort Worth-55-000038 CITY SECRETARY , I CONTRACT NO. 3 _ TEXAS PARKS AND WILDLIFE Recreation Grants Local Park Grant Program Texas Large County& Municipality Recreation & Parks Account GRANT AGREEMENT TPWD P.O. Number: 510788 Project Number: 55-000038 Sponsor Name: City of Fort Worth Project Name: Alliance Park II Sponsor Unique Identifier(DUNS): 073170458 Pre-award Date: N/A Agreement Term: March 22, 2018 -July 15, 2021 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 acquire by donation and dedication 85 +/- acres to further develop Alliance Park to include 6.75+/-acres of dedicated natural open space, lighted soccer fields with irrigation and bleachers, multi-purpose concrete trail, pedestrian water crossing, benches (recycled materials), picnic tables (recycled materials), native landscape restoration, and interpretive signage. Fort Worth Alliance Park is located in the northeast area of the City at 1405 Litsey Road, Fort Worth, Denton County, Texas 76262. 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 Department. OFFICIAL RECORD �T, ���4 CITY SEC€rETARY X09 Page 1 of 18 �.,V�'OIiTN TX 04/24/2017 City of Fort Worth-55-000038 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: Dana Lagarde Local Park Grant Manager Recreation Grants Branch 4200 Smith School Road Austin, Texas 78744 (512)389-8175 Dana.lagarde(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.fdar@tpwd.texas.gov FOR PROJECT SPONSOR: Official Point of Contact Fernando Costa Assistant City Manager City of Fort Worth 200 Texas St. Fort Worth, Texas 76102 (817) 392-6111 femando.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 dchard.zavala@fortworthtexas.gov Page 2 of 18 04/24/2017 City of Fort Worth-55-000038 Recipient Fiscal Contact Bryan Lyness Landscape Architect City of Fort Worth 200 Texas St 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.Qov 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). Page 3 of 18 04/24/2017 City of Fort Worth-55-000038 C. The Sponsor, in accordance with Chapter 24 of the Parks and Wildlife Code Subchapter A shall, on each anniversary date of the grant for five years after the grant is made, furnish to the department a comprehensive report detailing the present and anticipated use of the property, any contiguous additions to the property, and any major changes in the character of the property, including the extent of park development which may have taken place. MODIFICATION, REMEDIES FOR NON-COMPLIANCE TERMINATION 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. Page 4 of 18 04/24/2017 City of Fort Worth-55-000038 D. The Sponsor agrees that the property and facilities described in the Grant Agreement shall be operated and maintained as prescribed by the Retention, Operation & Maintenance Responsibilities guidelines of the Manual. E. The Sponsor agrees that a permanent record shall be kept and available for public inspection to the effect that the property described in the scope of the Grant Agreement, and the dated project boundary map made part of that Grant Agreement, has been acquired or developed with program assistance and that it cannot be converted to other than public recreation use. 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 (TAC) 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. Page 5 of 18 04/24/2017 City of Fort Worth-55-000038 3. The Sponsor shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all Federal, State, and local laws and regulations. 4. In the event the project covered by the Grant Agreement cannot be completed in accordance with the plans and specifications for the project, the Sponsor shall bring the project to the point of recreational usefulness agreed upon by the Sponsor and the Department. 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 Page 6 of 18 04/24/2017 City of Fort Worth-55-000038 1. No official or employee of the State or local government who is authorized in his/her official capacity to negotiate, make, accept, or approve, or to take part in such decisions regarding a contract or subcontract in connection with this project shall have any financial or other personal interest in any such contract. 2. No person performing services for the State or local government in connection with this project shall have a financial or other personal interest other than his/her employment or retention by the State or local government, in any contract or subcontract in 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 Page 7 of 18 04/24/2017 City of Fort Worth-55-000038 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 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 Attomey 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 Accomplished prior to first construction • Environmental Resources Survey reimbursement. • THC Cultural Resources Survey and Clearance • TPWD Biological Consultations Page 8 of 18 04124/2017 City of Fort Worth-55-000038 • 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 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 ifop ssible(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. Page 9 of 18 04/24/2017 City of Fort Worth-55-000038 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) I//' B . By:�a�.�ara�i - Dana Lagarde, Director of Recreation Grants Fernando Costa, Assistant City Manager Name and Title Name and Title Date: 7- 3 - IS Date: /Ofz f/d TPWD Approval Date SAM Number, Date, Initials: 4GLM6.06/14/2018,of [:APPR:OVEDAS TO FORM AND LEGALITY: Attachment A- Budget Summary of Project Costst City Attorney Attachment B -Project Boundary Map, signature required Attachment C-Project Site Plan, signature required Attachment D-Certificate of Land Dedication, signature required U � ^ z Attested by: �XAS M&C: ,1g31� � �►t� 1� M . K Secretary 1295: OFFICIpIt.RECORD CITY SECRETARY T.WCRTNj TX Page 10 of 18 04/24/2017 City of Fort Worth-55-000038 Attachment A BUDGET SUMMARY OF PROJECT COSTS Page 11 of 18 04/24/2017 BUDGET SUMMARY ATTACHMENT A PROJECT: FORT WORTH Alliance Park If REIMBURSEMENT REQUEST NO. PROJECT NUMBER: 55-000038 PERIOD COVERED: COMPLETED COMPLETED TOTAL ESTIMATE LAST REQUEST THIS PERIOD COMPLETE 1. PROFESSIONAL SERVICES Limltod to 12%o(Constructlon Elements 2. CONSTRUCTION ELEMENTS 1. Soccer fields(2)lighted w-irrigation and bleachers $ 795,000.00 2. Multi-purpose concrete trail $ 75,000.00 3. Pedestrian water crossing $ 80,000.00 4. Benches(recycled materials) $ 10,000.00 5. Picnic tables(recycled materials) $ 10,000.00 6. Landscape Restoration $ 25,000.00 7. Interpretive Signage $ 5,000.00 Construction Cost $ 1,000,000.00 Less Retainage $ 0.00 TOTAL CONSTRUCTION $ 1,000,000.00 3. LAND ACQUISITION 85+/-acres by donation/dedication $ 1,000,000.00 $ 1,000,000.00 TOTAL PROJECT COST $ 2,000,000.00 MATCH: $1,000,000.00 0% (0412010) City of Fart Worth-55-000038 Attachment B PROJECT BOUNDARY MAP Signature Required Page 13 of 18 0412412017 Attachment B: Official Project Boundary Map irt��y rr Phase 1 +/.69 Acres LWCF Project#48-001135 TPWD�Project#}55000030 47 . r E m C3 .f Phase 2 +l�85rAcres � TPWD Project#55-000038 r - w f l { 4 Texas Parks &Wildlife Department- Local Park Grants Program- Official Project Boundary Map This project has been funded through the TPWD Local Park Grants Program. Land identified on this official map is protected as parkland in perpetuity. Project Name:FORT WORTH Alliance Park II Project Number: #55-000038 Acquisition Boundary: Acres:+/-85 Overhead Lines: Remain: -�r r s rr.r,l lot also.., i Dedicated Open Space/Natural Area:mmistatim Acres: §3§ Remove/Relocate:N/A i Project Boundary: Total Acres: I§A Grant Elements: See Project Site Plan (Attachment C) Dana Lagarde, Recreation Grants Branch,Director Fernando Costa,Assistant City Manager Nignature and Date w 'Signature and Date 0250 500 1,000 1,600 2,000 ui S F@et IST.WORTH, City of Fort Worth-55-000038 Attachment C Project Site Plan Signature Required Page 15 of 18 0412412017 Attachment C: Project Site Plan 1 { PHASE i ee FUTI RE: " 1 DEVEWPMEN'P a' t � PROPOSED LANDSCAPE RESTORATION PROPOSED 5 I PEDESTRIAN WATER.CROSSING ° • + ,' PROPOSED !r•� SOCCER FIELDS(2)%/IRRIGATION, yw GOALS.and BLEACHERS • oeo PROPOSED I I,7WLFofMULTI-PURPOSE TRAIL I If a -� •F`�GQ' w-/BENCHES&PICNIC TABLES +iY� • r '•� ' y, l • PROPOSED NATURAL AREA I r: FUTURE DEDICATION 1 •• DEVELOPMENT 75 ACRES) I Pr ! © / Ilw / e Ae f � r�aJr�v I v • .v�w { / EAGLE PARKWAY (FUTURE PLO W 1 I Lagwd fi rFele• ®Pwte.rC �Ya,WYq owr..,olr • .••o.s.,ro+ �..r ee..•r no • Ib.M10 lMllrl :r�ww•w � r tib+aaiu.a Q 2311 S(M) I I..."I Cw+ SCALE-I'=suor•o• FORT WORTHSITE PLAN of PROPOSED DEVELOPMENT i ALLIANCE PARK - PHASE II Fort Worth,Texas Texas Parks 81 Wildlife Department-Local Park Grants Program-FORT WORTH Alliance Park II- Project#55-000038 This project has been funded through the TPWD Local Park Grants Program. Land identified on this official map is prate=as parkland In vermelully. Dana Lagarde, Recreation Grants Branch,Director Fernando Costa,Assistant City Manager Ift '7"'.��( b Slandure d DoW Signature and Date City of Fort Worth-55-000038 Attachment D CERTIFICATE OF LAND DEDICATION Signature Required Page 17 of 18 04/24/2017 City of Fort Worth-55-000038 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 Alliance Park II, Project Number 55-000038, 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) APPROVED AS TO FORM AND LEGALITY: By 4�11-e4-f 41 Assistant City AttomcK Fernando Costa, Assistant City Manager Name,Title /01z//Do Date OFFICIAL RECORD CITY SECRETARY irT.WORTHY TX Page 18 of 18 04/24/2017 ifTEXAS HISTORICAL COMMISSION real pldrr• idling real srorie, Re: Project Review under Section 106 of the National Historic Preservation Act and/or the Antiquities Code of Texas 201806675 Alliance Park Phase 2 1407 Litsey Fort Worth,TX 76262 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 Rebecca Shelton and Justin Kockritz has completed its review and has made the following determinations based on the information submitted for review: Above-Ground Resources No historic properties present or affected 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 you have any questions concerning our review or if we can be of further assistance,please email the following reviewers: rebecca.shelton@thc.texas.sov,iustin.kockritz@thc.texas.eov. Sincerely, For Mark Wolfe,State Historic Preservation Officer Executive Director,Texas Historical Commission Please do not respond to this email. TEXAS PARKS AND WILDLIFE COORDINATION-ROUTING OFFICE MEMORANDUM DIV. NAME INITIAL DATE IF Ryan McGillicuddy RPM 01/12118 TO: Aaron Friar Recreation Grants Program FROM: Ryan McGillicuddy REMARKS: Watershed Policy&Management Inland Fisheries Division RETURN 70: SUBJECT: Fall 2017 Urban Outdoor Recreation Grant Application Review DATE: 1/12/2018 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 4 The final category contains projects with several adverse impacts,coupled with unclear elements,so that staff cannot currently support their approval. Staff would like the opportunity to resolve concerns through coordination with the applicants before these projects are approved. City of Fort Worth — Alliance Park Phase II (ERCS #38953) — In general the site as a whole appears appropriate for use as parkland if it is developed in a manner that minimizes impacts to natural resources. However, Phase II specifically may have impacts to jurisdictional waters of the U.S. Since the January 2017 version of this project, the site plan for the existing, proposed and future development has changed considerably. The applicant should immediately contact the USACE Ft. Worth District regulatory program to inquire about the need for a 404 Permit. The location of the soccer fields appear to be proposed on top of a linear aquatic feature(stream channel or linear wetland)that is clearly visible from current aerial imagery on Google Earth, but not referenced or depicted in the application materials. The park property has almost doubled in size, extending to a southern boundary at the future Eagle Parkway right-of-way. The number of proposed ball fields (including existing fields, proposed fields this phase, and future phases)changed from five fields to 18 fields.Proposed parking has been increased from approximately 200 spaces to 781 spaces (full/future development). The northern park entrance has been moved to the east. The existing ponds at the northern portion of the site(which appear on USGS topographic maps in the vicinity of gravel pits)are now proposed to be reworked into one large detention pond uphill from the majority of the project amenities. Perhaps the detention pond will serve a watershed upstream to reduce flooding in the park. An additional detention pond is proposed at the location of existing standing water, which is part of what appears to be a defined channel on aerial imagery,but not depicted as a defined channel on USGS topographic maps. The new site plan this phase places a proposed trailhead and drainage channel in the vicinity of what previous site plans showed as an existing wetland area.The new site plan depicts a restored wetland area east of the previously depicted existing wetland area.It is not clear whether the project would be placing fill within an existing wetland and whether the proposed wetland restoration area requires grading to create wetland hydrology. It appears that stormwater runoff from neighboring properties would be directed across the park through proposed drainage channels and detention basins that eventually meet at the downstream side of the project area before exiting the site and discharging to Henrietta Creek.The proposed drainage channels and detention basins generally occur where drainage paths naturally occur, and the project appears to further define those pathways. It is not clear if work for the detention basins, drainage channels, and amenities would be within jurisdictional waters and the extent to which existing wetlands would be disturbed. A potential Section 404 permit may be needed if work at watercourses involves activities on the banks or within jurisdictional stream beds and wetlands. Page 8 of the application states that"Any construction impacts on the ponds and wetlands would be mitigated by creating vegetative buffer zones using and restoring native plants". If a 404 permit is required it is likely that an approved functional assessment will need to be performed and a mitigation plan developed to ensure no net loss of functions occurs. Although detention ponds are areas that hold water only temporarily, the application should specify if the ponds are meant to only hold water during rainfall events or if the ponds are also intended to hold water year round. If the plan calls for holing water year round,the application should identify if the source of the water is only from runoff or if an artificial water source(well or public water supply)would be needed to sustain water in the ponds. The overall project would create over 781 parking spaces, which would add a large amount of impervious cover and increase runoff rates to the receiving streams on site. For areas of impervious cover that do not discharge to proposed detention basins, TPWD recommends considering the use of bioswales, which use topography and native species to slow and filter runoff, and could also be used for education/interpretation. For fields and project amenities that require lighting, TPWD recommends reviewing the International Dark- Sky Association's website and utilizing dark sky friendly lighting and technology to reduce light pollution. The remaining project amenities appear to be placed in lower quality habitat areas, predominantly in old agricultural fields and mesquite pasture,and 6.75 acres of woodlands along Henrietta Creek would be dedicated as a natural area Questions regarding environmental review of this recreation grant project can be directed to Ryan McGillicuddy of the Inland Fisheries Division(512-389-8622)or Karen Hardin of the Wildlife Division(903- 322-5001). • ATTACHMENT TYPES OF PERMITS • USACE "404" permit(activities affecting wetlands or aquatic areas) The U.S. Army Corps of Engineers(USACE) should be consulted prior to commencement of projects that propose to place fill material or structures, whether from general land grading activities, buildings, piers, foot bridges or other activities, into wetlands or waters of the U.S. to determine the regulatory status of the proposed activity. Compensation may be required for any encroachment into these areas. • TCEQ "401"water quality certification (water quality of wetlands or aquatic areas o Lili Murphy- 512-239-4596 • TCEQ Water Rights Permit(diversion or impoundment of water in waterways) o TCEQ Water Rights Permitting and Availability Section -512-239-4691 • EPA Construction General Permit(1 or more acres disturbed) U.S. Environmental Protection Agency should be contacted for projects proposing to disturb one or more acres of land. o Suzanna Perea (EPA)-214-665-7217 o TCEQ-512-239-4671 • USFWS consultation (federally listed threatened &endangered species/habitat) If the U.S. Fish and Wildlife Service's (USFWS) IPaC (Information for Planning and Consultation)tool (https://ecos.fws.gov/ipac/) 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 bottoms of State-navigable streambeds and bay bottoms. o Tom Heger-512-389-4583 • 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. o Don Pitts-512-389-8754 or don.pitts@tpwd.texas.gov • TPWD Inland Fisheries Division (Permit to Introduce Fish. Shellfish, or Aquatic Plants into Public Waters) October 2017 Version Page 11 The TPWD Fisheries Division should be consulted for required permits if any aquatic organisms are to be stocked or relocated within waters of the State. o CJ Martinez- 512-389-4742 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—Watershed Conservation Team —For wetland and aquatic habitat impacts/enhancement/creation o Tom Heger- 512-389-4583 • 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 October 2017 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. October 2017 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. October 2017 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 u ntwi Id/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 Ipomoea aquatica swamp morning-glory, water spinach, ong choy, rau mong,and kangkong Water Milfoil family: Haloragaceae Myriophyllum spicatum Eurasian watermilfoil Tape-grass family: Hydrocharitaceae Ottelia alismoides ducklettuce Hydrilla verticillata hydrilla Lagarosiphon major oxygen-weed,African elodea, Langarosiphon Landoltia punctata dotted duckweed Loosestrife family: Lythraceae Lythrum salicaria purple loosestrife Myrtle family: Myrtaceae Melaleuca quinquenervia Punktree, paperbark, or melaleuca Grass Family: Poaceae Panicum repens torpedo grass Water-Hyacinth family: Pontederiaceae Eichhornia azurea rooted water hyacinth Eichhornia crassipes floating water hyacinth Monochoria hastata arrowleaf falsepickerelweed Monochoria vaginalis heartshape false pickerelweed Salvinia Family: Salviniaceae all species of genus Salvinia Figwort Family: Scrophulariaceae Limnophila sessiliflora Asian marshweed, ambulia Potato family: Solanaceae Solanum tampicense wetland nightshade, aquatic soda apple Bur-reed family: Sparganiaceae Sparganium erectum exotic bur-reed October 2017 Version Page 15 9/12/2018 M&C-Council Agenda City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/11/2018 - Ordinance No. 23378-09-2018 DATE: Tuesday, September 11, 2018 REFERENCE NO.: G-19365 LOG NAME: 80ALLIANCE PARK PHASE II - GRANT FUNDS APPROPRIATION SUBJECT: Authorize the Acceptance of a Texas Parks and Wildlife Department Urban Outdoor Recreation Grant in the Amount of$1,000,000.00, for the Alliance Park Phase II Project Authorize the Use of$1,000,000.00 of Donated Land Value as an In-Kind Match Upon Receipt of the Land, and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of a Texas Parks and Wildlife Department Urban Outdoor Recreation Grant in the amount of$1,000,000.00, for Alliance Park Phase II; 2. Authorize the use of donated land from Hillwood Properties, with an appraised value in excess of $1,000,000.00 as the local, in-kind match for this grant upon receipt of the land by the City; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$2,000,000.00, consisting of$1,000,000.00 in grant funds upon receipt of the grant, and $1,000,000.00 in land credits for the City's in-kind local match for the grant upon receipt of the land. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the acceptance of a Texas Parks and Wildlife Department(TPWD) Urban Outdoor Recreation Grant(UORG) in the amount of $1,000,000.00 for the development of the Alliance Park Phase II project. The TPWD Recreation Grants branch administers the Local Park Grant Program, which includes the UORG, to assist 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 reimbursement grants to eligible local governments that supply matching funds. Grants are awarded by the Texas Parks and Wildlife Commission as funds are available. The Park& Recreation Department(PARD) set forth in City Resolution No. 4848-09-2017, a partnership with Hillwood Properties, to apply for the TPWD UORG, in support of the Alliance Park Phase II project. Hillwood Properties is donating land, valued in excess of$1,000,000.00, for use as the in-kind match in the City's application for the TPWD UORG. On March 22, 2018, the City's UORG application was approved, and the City was awarded $1,000,000.00 for use in the development of the Alliance Park Phase II project. As a condition of this grant application, the TPWD and the City of Fort Worth PARD are jointly committed to long term program compliance. This commitment includes compliance at the project site, as well as at park 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. Indirect costs are not eligible under this grant. http://apps.c&vneLorg/ecouicil/printmc.asp?id=25761&print=true&DocType=Pririt 1/2 9/12/2018 M&C-Council Agenda Alliance Park is location in COUNCIL DISTRICT 7. This contract will be with a governmental entity, state agency or public institution of higher education: Texas Parks and Wildlife Department. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current budget, as appropriated of the Grant Fund. This funding will be reimbursed by Texas Parks and Wildlife Department, through the process described in the grant agreement. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project JProgram ctivity BudgetF(Chartfield Reference # Amount �� ID ID Year 2) FROM Fund Department ccoun Project ProgramActivity Budget Reference# Amount ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office b. Fernando Costa (6122) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS 1. 2017-Alliance Park II - Grant Authorizing Resolution - 09192017- FINAL.pdf (Public) 2. 80ALLIANCE PARK PHASE II - GRANT FUNDS APPROPRIATION A018.docx (Public) 3. Alliance Park- Master Plan - 11152017-endorsed.pdf (Public) 4. Alliance Park II - Site Plan of Proposed Development.pdf (Public) 5. Alliance Park II -Vicinity Map.pdf (Public) http://apps.cfwnet.org/ecouncii/printmc.asp?id=25761&print=true&DocType=Print 2/2