HomeMy WebLinkAboutContract 42309 TEXAS PARKS AND WILDLIFE DEPARTMENT CITY SECRETARY
CONTRACT NO. 41,2 _ -
LOCAL PARK GRANT PROGRAM — PROJECT AGREEMENT -
Project Sponsor and Name_FORT WORTH Northwest Community Park
Project Number: 55-000018
Project Period: TPWD Approval Date to July 15, 2014
Total Project Cost: $ 2,000,000.00 Approved State Funds: $ 1,000,000.00
PROJECT DESCRIPTION (SCOPE):
The City of Fort Worth requests support to acquire 246 acres by purchase (waiver) and develop Northwest
Community Park located just west of IH35-W and north of Loop 820 at 8575 Blue Mound Road.
Proposal includes utilities, athletic field improvements, canoe launch/dock/overlook, paddle trail, nature
trail, concrete trail, information kiosk, picnic tables, benches, parking lot, dam/spillway repairs, riparian
andanatural are v restoration rcmn,iol of invasive n ninn and signage. ;�--- -'
ars , sNe-,1—3 a1lu .71
Environmental Addendum is part of agreement. ®��ICIAl,r�]TAR
CITY SECR
A plant list must be submitted for TPWD approval. FT. WORT
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. J -20-1 1 F' J • Jo I 'd
09-21 - 1 1 X11 1 I ^'
TEXAS P S A ILDLI PARTMENT-4—t F0000�ooT �t? CITY OF FORT WORTH
X7 o itical Subdivision(Sponsor)
by O 1`0
O
Q
00
Tim Hogsett, Director, Recreation Grants Branch san Alanis, Assistant City Manager
Name and Title ame and it e
bw Aj er W� A5 �[' FaI�IM Arvt) tEZr�I tT`�
ASO-
,� TPW D Approval a e "�• �
[V EPLS Date_
01/2008 Marty Hendrix, RY $IOpror
ENVIRONMENTAL ADDENDUM
Project Name/Number: FORT WORTH Northwest Community Park, Project Number 55-000018
Pursuant to requirements of the National Environmental Policy Act of 1969 (Public Law 91-190) and the
Endangered Species Act of 1973, as amended (Public Law 93-205), this addendum is hereby incorporated into
the grant agreement.
The following recommendations for the applicant to consider and address include:
1.) The application indicates the creek is unnamed, when in fact the pond is on Big Fossil Creek.
2.) The open area west of the railroad tracks and south of the creek consists of many native
prairie species,thus should not be planted with riparian plantings.
3.) Focus on allowing the open grassland areas to grow naturally without routine maintenance
inputs. TPWD has identified areas on the map below as target areas to be managed for
natural grassland habitat,rather than being groomed by mowing.
This site as an important area to protect from development. TPWD stresses the importance of holding
the site in a natural state to provide wildlife habitat and attract various species, including a variety of
birds that would utilize the grassland areas and pond. A permit may be required by the U.S. Army
Corps of Engineers(USACE)for the noted "erosion control'measures and dam repair activities.
y'•
Natural grassland, non-mow areas recommended by TPWD. Approximate acreage identified for each
polygon.
* * * * * * * * * *
Additional habitat related comments offer advise that may further reduce or avoid
adverse impacts by implementing the appropriate actions in the Staff Comments and
General Comments sections of the Environmental Resources Review memo attached.
* * * * * * * * * *
I have read this addendum and understand that the political subdivision (sponsor) which I represent will be
responsible for compliance with the above as a result of receiving grant assistance from the Texas Parks &
Wildlife Department. It is also understood that the Environmental Addendum is a part of the Project
Agreement.
47a ,
Signatur of Office I Authorized in Resolution Date
Susan Alanis, Assistant City Manager
Name and Title
offjc�CIA
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 Northwest Community Park, Project Number 55-000018, 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
By
Ms. Susan Alanis, Assistant City Manager
Name and Title
Date
o }
A0
0 •, 1
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.
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"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.
III.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 project 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), 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
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 (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.
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 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: Fort Worth Northwest Community Park 55-000018
GFFICIIAL. RECORD
tivV*', CITY SLCRETARY
Signature of Of'cial uthorized in Resolution FT.WORTH, TX
1
Ms. Susan Alanis, Assistant City Manager
Name and Title Date
SUMMARY OF GUIDELINES
FOR ADMINISTRATION OF 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 15t", April 15t", July 151" 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
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.
Signature of Oficial A thorized in Resolution
Ms. Susan Alanis, Assistant City Manager ,
Name and Titlet�f
T ' i
T)t
FORT WORTH Northwest Community Park 55-000018
Project Name and Number