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HomeMy WebLinkAboutContract 45040 (2)c�nr sccttFPAP�f� TEXAS PARKS AND WILDLIFE DEPARTMENT C�(�'�C'�' � LOCAL PARK GRANT PROGRAM —PROJECT AGREEMENT Project Sponsor and Name: FORT WORTH Marine Creek Park Corridor Project Number: 55-000011 Project Period: TPWD Approval Date to July 15, 2013 Total Project Cost: $ 2,000,000.00 PROJECT DESCRIPTION (SCOPE): Approved State Funds: $ 1,000,000.00 The City of Fort Worth utilized 0.48 acres of city -owned non -parkland to further develop Marine Creek Park Corridor comprised of 5 linear parks. The park is located in the northwest part of downtown Fort Worth. Fort Worth Marine Creek Park Corridor includes athletic field improvements and renovations, trails, trail, pedestrian bridge, overlook, nature trail (decomposed granite), playground, canoe launch/fishing pier, picnic tables, game tables (recycled material), benches, drinking fountains, shelter construction and renovations, trail information kiosk, walk/accessibility improvements and trail signage. A proposed list of planting materials will be provided by the City prior to any landscaping activities. 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 1St 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. TEXAS PA S A �ILD�PARTMENT CITY OF FORT WORTH by Tim Hogsett, Director, Recreation Grants Branch rvame ana i me TPW Approval Date ❑ EPLS Date Charles W. Daniels, Assistant City Manager 01 /2008 TEXAS PARKS AND WILDLIFE DEPARTMENT CERTIFICATE OF LAND DEDICATION FOR PARK USE LOCAL PARK GRANTS PROGRAM This is to certify that a permanent record shall be kept in the 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 Marine Creek Park Corridor, Project Number 55-000011I and the dated project boundary map made part of that Agreement, has been acquired or developed with Texas Recreation and 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 I� Charles W. Daniels, Assistant City Manager Name and Title Date LOCAL PARK GRANT PROGRAM LAND AND WATER CONSERVATION FUND 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. Be 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 "LWCF" as used herein means the Land and Water Conservation Fund. F. The term "Manual' as used herein means the Local Park Grant Programs Manual, II. 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: Be 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 project agreement and the dated protect 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 le" 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), OMB A-87 (Cost principles applicable to grants and contracts with State and Local governments), and TRACS (Texas Review and Comment System) 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 RECREATION & PARKS ACCOUNT LAND AND WATER CONSERVATION FUND - GENERAL PROVISIONS•Continued L C. D. 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. 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 9/1187) 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. Construction Construction by the sponsor shall meet the following requirements: 1. Contracts for construction must be in compliance with the Local Government Code (http://tlo2.tic.state.tx.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 RECREATION & PARKS ACCOUNT LAND AND WATER CONSERVATION FUND • 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 RECREATION & PARKS ACCOUNT LAND AND WATER CONSERVATION FUND - 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. 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 Recreation & Parks Account Program or the Land and Water Conservation Fund. It is also understood that the General Provisions are part of the grant project agreement. Project Name and Number of Official Authorized in Reso FORT WORHT Marine Creek Park Corridor, Project Number 55-000011 Charles W. Daniels, Assistant City Manager ��• � �. �fl Name and Title Date SUMMARY OF GUIDELINES FOR ADMINISTRATION OF LOCAL PARK GRANT PROGRAM PROJECTS (Revised January 2008) 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 proiects: ACTI1lITY ! TMME 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 Within 6 months of grant agreement date • THC Cultural Resources Survey and Clearance • TPWD Biological Consultations • ROW Abandonment • Lease/Joint-Use Agreement Execution, etc. - - - - Quarterly Status Reports (beginning with Commission On or before January 151h, April 15th, July 15th and approval) 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 Within 6 months of land acquisition for projects Construction Plan Submission involving acquisition, or Within 6 months of grant agreement date for development only projects. Every 90 days if possible (minimum $10,000 o Periodic Reimbursement Billings request) Project Completion and Grant Close -Out Within 3 years after Commission approval (but in no th case after the 4 fiscal year) SUMMARY OF GUIDELINES (Continued) The following criteria will be used to determine sponsor eligibility for additional funding: • 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 fifty percent of the approved grant amount; and • The total of approved grant funds which have not been reimbursed may not exceed $2 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. re of Official Authorized in Resolution Charles W. Daniels, Assistant City Manager Name and Title FORT WORTH MARINE CREEK PARK and Number �O• d8. `D Date City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, February 097 2010 REFERENCE NO.: G-16845 LOG NAME: 80URBAN OUTDOOR GRANT MARINE CREEK PARK CORRIDOR 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 for the Marine Creek Park Corridor that Includes Rodeo Park, Lincoln Park, Marine Creek Linear Park, Marine Creek Linear North Park and Buck Sansom Park, and Adopt a 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 2) 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 Marine Creek Park Corridor that includes Rodeo Park, Lincoln Park, Marine Creek Linear Park, Marine Creek Linear North Park and Buck Sansom Park; 2. Authorize the application for and acceptance of the Grant; and 3. Adopt the attached resolution authorizing the application and designating Assistant City Manager Charles W. Daniels as the official to act on behalf of the City of Fort Worth in dealing with the Texas Parks and Wildlife Department. DISCUSSION: 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 February 28, 2010. The City of Fort Worth Parks and Community Services Department is eligible to apply fora 2010 TPWD Urban Outdoor Recreation Grant. Sufficient funding is available to apply for up to $1,000,000.00 for the Marine Creek Park Corridor that includes Rodeo Park, Lincoln Park, Marine Creek Linear Park, Marine Creek Linear North Park and Buck Sansom Park. Receipt of this grant is contingent upon the City's ability to provide the required matching funds. A separate Mayor and Council Communication will be submitted at a later date specifying the Fund/Account/Centers of the funding source(s). The potential Urban Outdoor Recreation Grant project areas and budgets are as follows: Grant Local Logname: 80URBAN OUTDOOR GRANT MARINE CREEK PARK CORRIDOR Page 1 of 2 Park Rodeo Lincoln Marine Creek Linear and Marine Creek Linear North Funding $182,000000 $124,500.00 $3391500.00 Match $3641000.00 $249,000.00 $679,000.00 Source $1121000.00 $252,000000 $2491000.00 $106,000000 $573,000000 2004 CIP Gas Bonus Gas Bonus 20 A CIP Gas Bonus Scope of Work Ball Field Lighting *QCI *QCI Trails and Bridges *QCI Buck Sansom $354,000.00 $606,346.00 $109,000.00 2004 CIP Trails and Bridges $57,240000 2004 CIP Walks and Trails $440,106.00 Gas Bonus *QCI Total $110001000.00 $1,898,346.00 $1,898,346.00 *Qualified Capital Improvements per City of Fort Worth Financial Management Policy. At the January 27, 2010, Parks and Community Services Advisory Board (the Board) meeting a public hearing was conducted to receive comment. Following the hearing, the Board voted to endorse to the City Council applying for the Urban Outdoor Recreation Grant from the TPWD for the development of park facilities along the Marine Creek Park Corridor that includes Rodeo Park, Lincoln Park, Marine Creek Linear Park, Marine Creek Linear North Park and Buck Sansom Park. Notice of the public hearing was posted and advertised in compliance with the Texas Open Meetings Act. 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 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. Rodeo Park, Lincoln Park, Marine Creek Linear Park, Marine Creek Linear North Park and Buck Sansom Park are located in COUNCIL DISTRICT 2. The Marine Creek Park Corridor provides linkages to the Trinity River Trail System and serves the entire City. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: FROM Fund/AccountlCenters Charles Daniels (6183) Richard Zavala (5704) David Creek (5744) ATTACHMENTS 1. 80URBAN OUTDOOR GRANT MARINE CREEK PARK CORRIDOR Map.pdf (Public) 2. 80URBAN OUTDOOR GRANT MARINE CREEK PARK CORRIDOR Resolution.doc (Public) Logname: 80URBAN OUTDOOR GRANT MARINE CREEK PARK CORRIDOR Page 2 of 2