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HomeMy WebLinkAboutContract 52084 CITY SECRETARY CONTRACT NO. saQ RECEIVED MAR 21 2019 TEMPORARY ACCESS PERMIT AND WORKSPACE AGREEMENT CITY OF FORT WORTH FOR ANDERSON PARK(this "Permit") CITY SECRETARY RECITALS WHEREAS, the City of Fort Worth (the "City") owns a certain piece of property known as Anderson Park("Park"), 5052 Cromwell-Marine Creek Road,Fort Worth, Texas 76179. The location and boundaries of the Park are depicted in Exhibit A-1, which is attached hereto and incorporated herein for all purposes as though it were set forth at length;and WHEREAS, as part of a development project, Starlight Homes Texas L.L.C. ("Developer") requested to install public sanitary sewer and storm drainage infrastructure improvements within certain designated portions of the Park, as further described in Exhibit A-1 ("Public Improvements"); and WHEREAS, on June 13, 2017, the Fort Worth City Council and M&C L-16045, authorizing Developer's requested use of the Park in accordance with the terms and conditions of this Permit. AGREEMENT I. Term a. License Period. The term of this Permit shall be for 120 consecutive days("License Period").The License Period shall commence on the fifth business day following the date on which this Permit is executed by the City ("Commencement Date") and shall end at 11:59 P.M. on the 120th day following the Commencement Date("Expiration Date"). b. Extension of License Period. If Developer fails to complete all obligations hereunder in accordance with this Permit on or before the expiration of the License Period, including, but not limited to, storm drainage infrastructure, sewer line, Park Dedication and Park restoration, then City agrees to extend the License Period on a month-to-month basis until Developer has completed all obligations pursuant to this Permit. If an extension occurs, then Developer shall pay or cause the City to be paid rent in the amount of $22,220.00 per month, which will be due and payable on or before the first (1St) day of each extended License Period. Such rent shall be paid to the City without demand and without offset. However, the City and the Developer recognize that certain obligations regarding vegetation and grass may not be completed within the License Period due to the time of the year. The City may, in its sole discretion, extend the License Period and allow the Developer to complete such obligations without rent, provided that the Developer completes such obligations in a timely and diligent manner. 1. The extension of the License Period shall occur and renew automatically each month until Developer receives notice from the City that all of its obligations under the Permit have been completed, which notice the City shall not unreasonably withhold. Notwithstanding anything to the contrary, the City may terminate the extended License Period at any time and for any reason. C. Access. No use of or access to the Park or the Licensed Premises shall be allowed outside of the designated License Period or applicable extension period. Developer's rights in and to the Licensed Premises hereunder shall be strictly limited and shall fully and absolutely terminate and be of no further force and effect at the conclusion of the License Period or applicable extension period. After the License Period or applicable extension period ends, all rights of Developer in and to the Licensed Premises shall, automatically and without the need for any further documentation, fully and unconditionally terminate, whereupon Developer shall have no right of entry or use of the Licensed Premises w Temporary Access Permit and Workspace License Agreement 0MUAL UPRD AW-8570A Permit(Anderson Park)01-25-19#71139CISE������Y IF �VORTH,'TX II. Consideration a. As consideration for the rights and privileges granted herein, Developer agrees to the following in accordance with the terms and conditions of this Permit: (1) the Developer will donate approximate 1.6 acres of land valued at$56,120 which is adjacent to the western boundary of Anderson Park,as depicted in Exhibit A-2, therefore allowing for trail connectivity on both sides of the creek channel, and (2) the Developer agrees to grade the property to accommodate that connectivity for development of the Park's trail system("Park Trails"). b. Contemporaneously with executing this Permit, Developer shall deliver to the offices of the City's Parks and Community Services Department (the "Department"), 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115, payment of a total Fee of twenty-two thousand two hundred twenty dollars and no cents ($22,220.00) as consideration for the approximately 22,220 square feet of easement area granted under this Permit. C. The proposed alignment will impact approximately 23 trees totaling 236 caliper inches within the Park. Mitigation fees in the amount of$47,200.00,has been assessed for the proposed tree removal impacts. The Developer will pay to the City a mitigation fee of forty seven thousand two hundred dollars and no cents ($47,200.00). All remaining trees will be protected with tree protection fencing in accordance with Exhibit C. Any additional impacts shall be assessed under the CRZ notes as defined in Exhibit D. d. Developer also agrees that, in lieu of paying a tree impact fee in the amount of$14,493.96, it shall plant no less than twenty-five (25) trees on the Licensed Premises in accordance with Exhibit E and as directed by the City during the pre-construction meeting. e. Consideration for any additional use of the Licensed Premises, as hereinafter defined, beyond the initial 120-day License Period will be in accordance with Section I. M. Licensed Premises a. Subject to the terms and conditions set forth in this Permit and the City Charter and ordinances,for and in consideration of the monetary payments to be made hereunder and the other covenants and promises expressed herein, the City does hereby agree to license to Developer during the License Period the use of the following portions of the Park for the purposes stated herein: 1. A portion of the Park (approximately 15,221 square feet), the description, location, and boundaries of which are depicted in Exhibit A-2, which is attached hereto and incorporated herein for all purposes ("Public Improvements Area"), for purposes of constructing and installing Storm Drain Improvements and Waterline Improvements within the Park and for no other purpose. 2. Portions of the Park(approximately 1.6 acres), the descriptions, locations, and boundaries of which are depicted in Exhibit A-2, which is attached hereto and incorporated herein for all purposes ("Park Dedication Area"), for the purpose of dedicating land and grading it to accommodate public trails for future trail connecting the Developer adjacent development to the Park's trail system and for no other purpose. 3. A portion of the Park (approximately 4,999 square feet), the descriptions, locations, and boundaries of which are depicted in Exhibit B, which is attached hereto and incorporated herein for all purposes ("Park Encroachment Area"), for the purposes of restoration of the area impacted by Temporary Access Permit and Workspace License Agreement 2 of 40 Developer prior to the execution of this Permit. 4. The Public Improvement Area,the Park Dedication Area and the Park Encroachment Area are collectively referred to herein as the "Licensed Premises." 5. Developer's use of the Licensed Premises hereunder shall be solely restricted to Developer's activities on the Licensed Premises and shall not include the use of the Park or the Licensed Premises to serve any activities, including, but not limited to, construction activities, occurring outside of the Licensed Premises. In the event any portion of the Park is occupied or used, either actively or passively, outside of the Licensed Premises, Developer shall be subject to a daily fee of one dollar per square foot for any such area used or occupied. Upon notification by the City, Developer shall immediately cease such use or occupancy and immediately restore any such Park property in accordance with the applicable provisions set forth in this Permit. 6. In accessing and using the Licensed Premises, Developer shall comply with all of its obligations and responsibilities under this Permit and under any and all applicable, federal, state, or local law,rule, or ordinance. IV. Restoration of the Public Improvements a. Storm Drain & Sewer Improvements. Storm Drainage and Sewer Line Improvements shall be defined as Public Improvements. Developer shall restore the Public Improvements Area, the Park Dedication Area and the Park Encroachment Area in accordance with the requirements set forth in this Permit, including,but not limited to,those set forth in Section IVb5 below relating to financial security and payment and performance bonds. b. Park Dedication. In addition to any other requirements set forth in this Permit,any work performed or contract awarded by Developer or its contractors or subcontractors for restoration of the Public Improvements Area, the Park Dedication Area and the Park Encroachment Area shall be subject to the following: 1. Developer will perform all restoration in accordance: (i) with a set of plans and specifications pre-approved by City and Developer prior to beginning any restoration; (ii) with all applicable laws, ordinances, rules, regulations, and specifications of all federal, state,county, city, and other governmental agencies applicable to the Licensed Premises now or hereafter in effect; (iii) in a good and workman like manner; and (iv) in accordance with industry standards of care, skill, and diligence. 2. Developer shall submit or cause its contractors to submit all required City permit applications to the Director of the Park and Recreation Department or that person's authorized designee("Director")no less than thirty(30)calendar days prior to commencing work on the Public Improvements Area, the Park Dedication Area and the Park Encroachment Area. Once approved by that Director, Developer shall submit those permit applications to the City's Planning and Development Department. 3. Developer shall schedule a pre-construction meeting with the Director of the Park and Recreation Department or that person's authorized designee at least three(3)business days prior to initiating any restoration or activity for the Public Improvements Area, the Park Dedication Area and the Park Encroachment Area (including, but not limited to, any excavation work). The pre- construction meeting shall be for purposes of outlining Developer's plans and schedules regarding: (i) restoration of the Public Improvements Area, the Park Dedication Area and the Park Temporary Access Permit and Workspace License Agreement 3 of 40 Encroachment Area, (ii) minimizing impact on vegetation and the Park, in general, and (iii) restoration of all affected parkland and amenities. 4. Developer shall do all work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided for in this Permit.City shall not be responsible for any costs associated with this Permit, including, but not limited to, any costs for construction, labor, equipment, or materials. 5. Developer shall require its contractor to furnish to the City either(i)a cash escrow pursuant to an escrow agreement executed by the City and Developer or (ii) a payment and performance bond in the names of the City and the Developer for$50,000.00. This shall survive the expiration or early termination of this Permit. All bonds must be furnished before work is commenced and meet the requirements of Chapter 2253,Texas Government Code. 6. Developer shall notify City at least three(3)days prior to beginning any construction unless otherwise approved in writing between the parties. 7. City shall have the exclusive right, title, and interest in all permanent improvements constructed by Developer within the Public Improvements Area,the Park Dedication Area and the Park Encroachment Area upon written acceptance of such by the Director. 8. All work to be completed under this Permit within the Public Improvements Area,the Park Dedication Area and the Park Encroachment Area shall be subject to inspection and approval by the City, which shall not be unreasonably withheld. 9. Approval by City of any plans or designs shall not constitute or be deemed a release of the responsibility and liability of Developer, its agents, servants, employees, contractors, and subcontractors for the accuracy and competency of its designs, working drawings, and specifications or other engineering documents. City, by approving the plans and specifications, assumes no liability or responsibility for the architectural or engineering design or for any defect in any the designs, working drawings,and specifications or other engineering documents, building or improvement constructed from the plans or specifications prepared by Developer, its agents, servants,employees,contractors and subcontractors (it being the intent of the parties that approval by City constitutes approval of only the general design concept of the improvements to be constructed). 10. Developer shall require its design professional to prepare as built drawings based upon final construction and shall submit two copies of these drawings to City, which shall become property of City on the date of submission. V. Acceptance of Licensed Premises a. Developer takes all portions of the Licensed Premises and all appurtenances in"'AS IS" condition without any express or implied warranty on the part of the City. Developer accepts the Licensed Premises in their present condition, finds them suitable for the purposes intended, and further acknowledges that Developer is thoroughly familiar with such condition by reason of personal inspection and does not rely on any representations by the City as to the condition of the Licensed Premises or their suitability for the purposes intended. Developer accepts the Licensed Premises subject to any and all previously recorded easements that may have been granted on, along, over,under,or across said property, and releases the City from any and all damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees, Temporary Access Permit and Workspace License Agreement 4 of 40 contractors, or trespassers by reason of the exercise of such rights or privileges granted in said easements. Developer's taking possession of the Licensed Premises shall be conclusive evidence that: (a)the Licensed Premises are suitable for the purposes and uses for which same are licensed; and (b) the Developer waives any and all defects in and to the Licensed Premises and all the appurtenances thereto. The City shall not be liable to Developer,its agents,employees,contractors,subcontractors,invitees,licensees,or guests for any damage to any person or property due to the acts or omissions of Developer, its agents, employees, contractors, or subcontractors, unless, and to the extent, such damage is caused by the gross negligence or willful misconduct of City or its agents, employees, separate contractors, or subcontractors. VI. Use Not Exclusive a. This Permit and all rights granted to Developer herein are strictly non-exclusive. The City reserves the right to enter into and grant other and future licenses,leases,and other authorizations for use of the Park and the Licensed Premises to other persons and entities as the City deems appropriate in accordance with applicable law;provided,however,that in granting subsequent authorization for use,the City will not allow a use that will unreasonably interfere with the Developer's use of the Licensed Premises as provided herein. This Permit does not establish any priority for the use of the Park or the Licensed Premises by the Developer or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Park or the Licensed Premises, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. VII. Limitations on Use a. Construction on the Licensed Premises is allowed only between 7:00 A.M. and 6:00 P.M. Monday through Friday. For purposes of this provision, the term "construction," shall include (i) clearing, excavating,compacting,or grading of land; (ii)delivery of any storm drainage infrastructure and any items or materials associated with the Park Trails and Park Improvements;and(iii)operation of heavy equipment, including, but not limited to, a backhoe, backhoe loader, boom truck, bulldozer, compactor, crane, dump truck, excavator, grader, grapple truck, loader, pile driver, power shovel, roller, scraper, tractor, trencher, and tunnel boring machine. b. All Developer equipment and materials shall be placed and maintained solely within the confines of each respective Licensed Premises for which work is being performed. Developer understands and acknowledges that access to the Licensed Premises shall be accomplished through Developer's adjacent property. VIIl. Public Safety a. Developer shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with Developer's use of the Licensed Premises and the Park. b. At a minimum, Developer shall install and maintain construction orange mesh fencing around the entire border of the Licensed Premises or as determined by the City at the pre-construction meeting. Temporary Access Permit and Workspace License Agreement 5 of 40 C. In addition, Developer shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of traffic control devices shall be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. Developer shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Developer shall also take all necessary precautions and shall provide all necessary protection to prevent damage,injury,or loss to(a)all persons accessing portions of the Licensed Premises on which any construction is being performed by or on behalf of the Developer; (b)all work performed on or from the Licensed Premises and all materials and equipment to be incorporated therein that are under the care, custody, or control of the Developer, or the Developer's employees, agents, contractors, or subcontractors, regardless of whether such material and equipment is stored on or off the Licensed Premises; and (c) other property on or adjacent to the Licensed Premises. IX. Protection of the Environment a. Developer hereby represents and warrants that it shall not knowingly,nor permit any third party to, use, handle, or store any Hazardous Materials on, under, over, or about Park or the Licensed Premises in violation of any applicable laws. Developer shall not handle or store any Hazardous Materials on the Licensed Premises or the Park,except that the Developer may,in compliance with applicable environmental laws and the terms of this paragraph,use and store Hazardous Materials in such amounts and types that are commonly used in connection with the uses permitted herein, provided, however, that Developer specifically agrees to remove any and all such Hazardous Materials on or before the final day of the License Period. Developer shall not introduce, use, generate, store, accept, or dispose of on, under, or about, transport across,or permit to exist on the Licensed Premises or the Park any "treatment, storage or disposal facility" or "underground storage tank," as those terms are defined under applicable environmental laws. For purposes of this Permit, "Hazardous Materials" shall mean potentially dangerous hazardous wastes, toxic substances, or related materials, including, but not limited to, pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or other fuels (including crude oil or any fraction or derivative thereof); underground storage tanks, and substances considered hazardous, toxic, or the equivalent pursuant to applicable laws. Any Hazardous Materials used by the Developer on the Licensed Premises shall be posted on site and a list shall be given to City. b. Developer shall take commercially reasonable steps to avoid creating or aggravating any condition at the Park or the Licensed Premises that could present a threat to human health or to the environment. X. Documenting Condition of Licensed Premises a. Developer must provide Director with videographic documentation of the condition of the Licensed Premises, including any underground utilities, as they exist after the permitted uses hereunder. All such video must include a visible date and time stamp indicating when the videography occurred. Developer must submit documentation of the condition of the Licensed Premises prior to commencing any restoration work on the Licensed Premises. Post-installation documentation must be submitted no later than five (5) business days after the last day of the License Period. Director will distribute copies of the documentation to all appropriate City personnel to determine whether any damage has been done to the Licensed Premises. XI. Minimizing Impact to Vegetation a. Developer shall not cut or remove any trees on the Licensed Premises unless otherwise specifically permitted by the City in writing. To minimize damage during construction, Developer shall install chain Temporary Access Permit and Workspace License Agreement 6 of 40 link fencing on the outside drip line of trees and other vegetation specifically identified by the Director at the above-referenced pre-construction meeting and as outlined in accordance with Exhibit C, which is attached hereto and incorporated herein for all purposes. Developer shall notify the Director once the tree and vegetation protection measures have been installed and allow the Director an opportunity to inspect the work before construction begins. The City shall have at least two (2) business days following the date on which notice is received to conduct its inspection.The Developer may begin construction after the second (2"d) business day following the date on which it provided notice to the City unless the City contacts the Developer and identifies specific issues that render the tree and vegetation protection measures unacceptable. b. Developer shall ensure that tree protection fencing remains in place throughout the License Period or any extended License Period. If any tree within the Park is damaged in connection with Developer's operations, Developer agrees to undertake remediation efforts, including paying of remediation costs in accordance with Exhibit D, which is attached hereto and incorporated herein for all purposes. Any fencing shall remain in place until such time as the Licensed Premises are restored pursuant to the terms of this Permit. XII. Minimizing Impact to Utilities a. Prior to conducting any work on the Licensed Premise,Developer shall use its best efforts to locate and physically mark all utilities (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, and gas lines) within the Licensed Premises, which shall include but not be limited to, conducting a dig test. With regard to all known water and electric utilities, the Director will work with Developer to locate and physically mark all such utilities within the Licensed Premises. b. If Developer encounters any utility infrastructure (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, or gas lines) in the course of or in connection with Developer's use of the Licensed Premises, the Developer covenants and agrees to cease construction operations and install protective matting over or around such utilities in compliance with specifications approved by the City's Water Department or by the Director. Following installation of the matting, Developer shall contact the Director to arrange for inspection and approval by appropriate City personnel. C. Developer shall provide the Director with a copy of the matting specifications and the Water Department's inspection report within twenty-four (24) hours of receiving the report from the Water Department and prior to mobilizing its operations on the Park. Developer may begin construction after the date on which it provided the inspection report and specifications to the Director unless the Director contacts Developer and identifies specific issues that render the measures unacceptable. XIII. Restoration and Repairs of Improvements a. To the extent any road, curb, gutter, irrigation system, water line, electrical line, utility line, barricade, fence, or other improvement is destroyed, damaged, removed, or altered in connection with Developer's activities under this Permit, as determined in the sole reasonable discretion of the Director, Developer shall cease all work on the Licensed Premises and immediately contact the Director so that the Director may assess any such issues. Developer shall be responsible and liable for reconstructing,repairing, and restoring any such improvement in a good and workmanlike manner to a condition that is equal to or better than the one in which such improvement existed as of the date this Permit is fully executed, as evidenced by the pre-installation video required under Section X of this Permit. Any restoration required under this section must be completed by Developer and inspected and approved by the Director prior to the Temporary Access Permit and Workspace License Agreement 7 of 40 expiration of the License Period or the License Period will be extended per Section I. Any certifications or licenses required to perform the work set forth in this Article must be provided to the Director prior to the commencement of such work. XIV. Restoration of Surface and Subsurface of Licensed Premises a. Developer shall hydromulch the Licensed Premises in accordance with the specifications outlined in the attached Exhibit H,which is attached hereto and incorporated herein for all purposes. Developer shall water the hydromulched areas as needed until the vegetation is established and has been approved and accepted by the Director. Prior to hydromulching the Licensed Premises, Developer shall provide the Director with documentation certifying the type and quality of the materials to be planted. The Director may, in exercise of reasonable discretion, reject any plant material that does not meet the requirements of this section or Exhibit H. Any restoration required under this section must be completed by Developer in compliance with the specifications set forth in this section and the attached exhibits and inspected and approved by the Director, which approval shall not be unreasonably withheld,prior to the expiration of the License Period or the License Period will be extended per Section I. XV. Discretionary Limited Access to Care for and Establish Vegetation a. After the expiration of the License Period, Developer may request limited access to the Licensed Premises to water,care for,and establish replacement vegetation required under Section XIV('Restoration of Surface and Subsurface of Licensed Premises"). A request for Limited Access must be made in writing and delivered to the Director at least ten (10)calendar days prior to the expiration of the License Period or extended License Period. Replacement vegetation or seed must be in place at the time the request is made. b. Director may, in its reasonable discretion, authorize Limited Access for a period not to exceed 30 days from the expiration of the License Period or extended License Period. During the Limited Access period, no Developer materials or equipment may remain on the Licensed Premises with the exception of irrigation directly involved in irrigation and temporary fencing used to protect areas being restored. Developer's use of the Licensed Premises under Limited Access in accordance with this Section shall not invoke any additional extended License Period beyond that which already exists at the time that Limited Access is granted. XVI. Removal of Excavated Materials a. Developer shall not excavate,drill,dig, or allow any significant erosion of the Licensed Premises. To the extent that such does occur, Developer shall, in addition to any other requirements set forth in this Permit, ensure that all drilling mud spoils and all excess material excavated by or for Developer will be properly disposed of within twenty-four (24) hours of excavation unless such material is stored in a containment facility. Material stored in a containment facility may remain on the Licensed Premises no longer than ten (10)calendar days following the date of excavation. XVII. Liability; INDEMNIFICATION. a. Developer agrees to pay City for all damages suffered or incurred by City, either directly or indirectly, as a result of any operations on or from the Licensed Premises conducted for or by Developer, its agents, employees or representatives, including, but not limited to, all damage or injury to standing or fallen timber, buildings, fences, equipment, and all other property, whether real or personal. Temporary Access Permit and Workspace License Agreement 9 of 40 b. DEVELOPER'S RELEASE AND INDEMNIFICATION REQUIREMENTS SET FORTH IN THE CFA, WHICH INCLUDE, BUT ARE NOT LIMITED TO, SECTIONS K, M, AND N OF THE CFA, ARE HEREBY INCORPORATED INTO THIS PERMIT BY REFERENCE AS IF SET OUT IN FULL. DEVELOPER AGREES TO ABIDE BY SUCH RELEASE AND INDEMNIFICATION REQUIREMENTS IN THE PERFORMANCE OF THIS PERMIT. C. Developer covenants and agrees that City shall in no way or under any circumstances be responsible for any property belonging to Developer, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers that may be stolen, destroyed, or in any way damaged, and Developer HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY FROM ANY AND ALL SUCH CLAIMS. City does not guarantee police protection and will not be liable for any loss or damage sustained by Developer, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the Premises. d. Developer agrees that City shall not be liable for any loss, injury or damage whatsoever suffered or incurred by Developer or Developer's agents, employees or representatives while on the Licensed Premises. XVIII. Insurance a. Duty to Acquire and Maintain 1. Developer shall ensure that a policy or policies of insurance are procured and maintained at all times,in full force and effect,to provide coverages of the types and amounts specified herein, naming the City as an additional insured and covering all public risks related to the use,occupancy, condition, maintenance, existence, or location of the Park and the construction, installation, operation, maintenance,repair,reconstruction,or condition of the pipeline. The insurance required hereunder may be met by a combination of self-insurance and primary and excess policies. Developer shall provide proof of all requirements stated herein to the City prior to beginning any work pursuant to this Permit. b. Types and Amounts of Coverage Required 1. Commercial General Liability: i. $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for the following: (i) Premises Liability; (ii) independent contractors; (iii) products/completed operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse, and underground property damage 2. Property Damage Liability: i. $1,000,000.00 per occurrence 3. Umbrella Policy i. $5,000,000.00 Temporary Access Permit and Workspace License Agreement 9 of 40 4. Environmental Impairment Liability(EIL) &/or Pollution Liability i. $1,000,000.00 per occurrence ii. $5,000,000.00 aggregate 5. Automobile Liability: i. $1,000,000.00 per accident, including, but not limited to, all owned,leased,hired, or non-owned motor vehicles used in conjunction with the rights granted under this Permit 6. Worker's Compensation: 1. As required by law 7. Employer's Liability: i. $1,000,000.00 per accident C. Revisions to Required Coverage 1. At the reasonable recommendation of the City's Risk Manager, the City may at any time revise insurance coverage requirements and limits required by this Permit. Developer agrees that within thirty(30)days of receipt of written notice from the City,Developer will implement all such revisions requested by the City. Policies shall not have exclusions that nullify or alter the required lines of coverage, or decrease the limits of said coverages required by this Permit, unless such endorsements are approved in writing by the City. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage,including,but not limited to,cancellation, termination, non-renewal, or amendment, shall be made without thirty (30) days' prior written notice to the City. d. Underwriters and Certificates 1. Developer shall procure and maintain its insurance with underwriters who are authorized to do business in the State of Texas and who are acceptable to the City in terms of solvency and financial strength. Within ten (10) business days following execution of this Permit, Developer shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein. In addition, Developer shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. e. Deductibles 1. Deductible or self-insured retention limits on any line of coverage required herein shall not exceed$500,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. Temporary Access Permit and Workspace License Agreement 10 of 40 f. Waiver of Subrogation 1. Developer shall require any of its contractors'worker's compensation policies to contain a waiver of subrogation endorsement in favor of the City. g. No Limitation of Liability 1. The insurance requirements set forth in this section and any recovery by the City of any sum by reason of any insurance policy required under this Permit shall in no way be construed or affected to limit or in any way affect Developer liability to the City or other persons as provided by this Permit or law. XIX. Prohibition Against Liens a. Developer shall not do any act or make any contract that may be purported to create or be the foundation of any lien on or any interest in the Licensed Premises or the Park. Any such act, contract, or lien attempted to be created shall be void. Should any purported lien on the Licensed Premises be created or filed,the Developer shall,at its sole expense, liquidate and discharge same within ten(10)business days after notice from the City to do so. XX. Notices a. All notices required or permitted under this Permit shall be conclusively determined to have been delivered when (i) hand-delivered to the other party, its agent, employee, servant, or representative, or(ii) received by the other party by reliable overnight courier or United States Mail, postage prepaid, return receipt requested, at the address stated below or to such other address as one party may from time to time notify the other in writing. To THE CITY: DEVELOPER: Director Starlight Homes Texas L.L.C. Park&Recreation Dept. 1800 Valley View Lane, Suite 100 City of Fort Worth Farmers Branch,Texas 75234 200 South Freeway, Suite 2200 Attention: Danny Satsky Fort Worth, Texas 76115 With a copy to: With a copy to: Department of Law Tim Hagen City of Fort Worth Glast, Phillips &Murray,P.C. 200 South Freeway, Suite 2200 14801 Quorum Drive, Suite 500 Fort Worth,Texas 76115 Dallas,Texas 75254 XXI. Independent Contractor a. It is expressly understood and agreed that Developer shall operate as independent entity in each and every respect hereunder and not as an agent, representative, or employee of the City. Developer shall have the exclusive control and the exclusive right to control all details and day-to-day operations and activities relative to operation of the Developer and installation of the sanitary sewer service line and any Temporary Access Permit and Workspace License Agreement I 1 of 40 associated infrastructure and shall be solely responsible for the acts and omissions of its officers, agents, servants,employees,contractors, subcontractors,licensees,and invitees. Developer acknowledges that the doctrine of respondent superior shall not apply as between the City and Developer, its officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees. Nothing contained in this Permit shall be construed as the creation of a partnership or joint enterprise between the City and Developer. XXII. Prohibition Against Assignment a. The Developer may not sell, assign, or otherwise transfer any of its rights or obligations under this Permit without the prior, written consent of the City. Any such attempted assignment without the City's consent shall be void. XXIII. Compliance with Laws and Regulations a. In operating under this Permit, Developer agrees to comply with all applicable federal, state, and local laws, regulations, and ordinances, including all City ordinances, charter provisions, and rules, regulations, and requirements of the City's Police, Fire, Code Compliance, Transportation and Public Works, and Health Departments. b. Developer will not knowingly do or suffer to be done anything on said Licensed Premises during the terms of this Permit in violation of the laws, statutes, ordinances, rules, regulations, charter provisions, directives or requirements referenced in this Permit. If the City calls the attention of Developer to any such violation on the part of said Developer or any person employed by or admitted to said Licensed Premises by Developer, Developer will immediately (or otherwise as soon as reasonably possible) desist from and correct such violation and/or vacate the Licensed Premises. XXIV. Taxes a. Developer acknowledges and agrees that it shall be solely responsible for paying all taxes assessed or imposed by any governmental entity in connection with the construction, installation, operation, maintenance, repair, or reconstruction of the pipeline and with the use of the Licensed Premises or other City property related to activities within the scope of this Permit. XXV. Third Parties a. Nothing in this Permit shall be construed in any manner to create a cause of action for the benefit of any person not a party to this Permit, or to create any rights not otherwise existing at law for the benefit of any person not a party to this Permit. Nothing in this Permit shall be deemed to constitute a waiver of any immunity or affirmative defense that may be asserted by Developer or the City as to any claim of any third party. XXVI. Force Maieure; Homeland Security a. If either party is unable, either in whole or part, to fulfill its obligations under this Permit due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires;floods; restraints or prohibitions by Temporary Access Permit and Workspace License Agreement 12 of 40 any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints;civil disturbances; or explosions;or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks,or other City-owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. XXVII. Headings a. The section headings contained herein are solely for convenience in reference and are not intended to define or limit the scope of any provision of this Permit. XXVIII. Choice of Law; Venue a. This Permit shall be governed by and construed in accordance with the laws of the State of Texas. If any action,whether real or asserted,at law or in equity,arises on the basis of any provision of this Permit, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas -Fort Worth Division. XXIX. Governmental Powers a. It is understood and agreed that by execution of this Permit, City does not waive or surrender any of its governmental powers or immunities. XXX. Authorization a. By executing this Permit, Developer's agent affirms that he or she is authorized by Developer to execute this Permit and that all representations made herein with regard to Developer's identity, address and legal status (corporation, partnership, individual, etc.)are true and correct. XXXI. Community Facilities Agreement and Permit a. It is understood and agreed between the City and Developer that the terms and conditions of the Permit are in addition to those set forth in the Community Facilities Agreement ("CFA"). To the extent that there is a conflict between the terms of this Permit and the CFA, then this Permit shall control. Temporary Access Permit and Workspace License Agreement 13 of 40 XXXII. Entirety of Agreement a. This Permit (including all attachments, schedules, and exhibits attached hereto, including the Letter) constitutes the entire understanding and agreement of the City and Developer as to use of the Licensed Premises and the Park.Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Permit.This Permit shall not be amended unless agreed to in writing by both,pa�rttiies. Executed as of the:�day of-M�s.`�,2019. CITY: DEVELOPER: CITY O F T ORTH gq� GHT O S TEXAS L.L.C. By: By: RICHARD ZAVALA, DIRECTOR* Name:t)* � L- PARK AND RECREAT QN DEPARTMENT Title: Q P• L,&,4 p Date of execution: , 2019 Date of execution: 2019 be-hal :■ty fte ityA+aftager-dated Noww6er-12-, 204-8- Contract 04$ Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this Permit, including ensuring all performance and reporting requirements. ame of Employee ✓ 4-- Tit Contract Authorization: M&C L-16045 Form 1295: Not required Date of execution: 2019 OFFICIAL RECORD CIS SECRETARY Temporary Access Permit and Workspace License Agreement FT WORU*TX CITY OF FORT WORTH By: 5�u Fernw-ndo Costa Assistant City Manager Date: 3 ,19 APPROVED AS TO FORM AND LEGALITY: By: Matthew A.Murray Assistant City Attorney �0R?,,4 ATTEST- '� �� •.© By:_ :2 Mary,W. ayser City Secretary OFFICIAL RECORD CITY SECRETARY Temporary Access Permit and Workspace License Agreement FT WO ',&49X LIST OF EXHIBITS Exhibit A-I Park and Public Improvements Exhibit A-2 Park Dedication Property (1.6 Acres) Exhibit B Park Encroachment Area(4,999 sq. ft.) and Tree Impacts Exhibit C Tree Protection Exhibit D Damages to City Trees Exhibit E Remediation Requirements Temporary Access Permit and Workspace License Agreement 15 of 40 EXHIBIT A-1 "PARK" Twin Mills Park THRESHING Urt�A HpV Twin Mills Park E14LEY BO.SWWLL HTAAL SAIL£Y BCYBWELL MILL CREEK Xi VILLA # #� Eagle Afounfaf»'Raiicii ParJk t+rtHr.ct' c� Ander n Park Arid a,J f Wy P Approximate location of 46.q h4 improvements to DEL Ande Park �y Eb STT F '$ C'Ro"*VE AAAt'it \ Marj►Ig E ,.=rk Ranch Pa C tA,NITE "' LONGHORN $ ,�p►t' stut-LET 0�����R NILL Ftrneluytvn 'PO/Ilta Perk �ClY[Nr y C�4%DM. D� �6Y .. ..' 9A GREENFJELD ]Y RijhY-EP�r- �, raps x M Y444 � �+K SIOUTH Rte FATidOM ) 4*A .44or)ne,C Lak4 Park � rr M41,par* n 1w • a • Temporary Access Permit and Workspace License Agreement 16 of 40 i � . r # y . + # / Amit "moi+-`#' J+�1 +- _ * • •' yl Nor ' wir '1 od 1 �d N it IF EVM M � 1 F �+ , JJ T +744• #� � 1k h OF _ J, Id + 4�/ - i + thy{' ✓�1 +• ! VP ir AM OP �f .� � � F ¥�"I i F i` •1 I { M - ice":' •. '! � �} Appr location 1' for improvements. EXHIBIT"A-1" MAYOR AND COUNCIL COMMUNICATION Anderson Park Storm/Sewer ,% -;z Froposed 2,S24 IMF of a for 10'x 4' rRa LnTm44AtkC4 4m Storm drain$90 SF i:within the sLikkat easern&nt ^A� shall be established • along;,ark boupdarV. Lft V —7 Proposed 2,524-94 SF J111. of maintenance area for 24'RCP storm L 7:!! Proposed 1,048 SF of workspate area for 24'FtCP storm drain L'i 11 L L 90 77-- 7 7 7 7- Temporary Access Permit and Workspace License Agreement 18 of 40 EXHIBIT"A-1" FFVIARIAZ�E RADIUS DELTA ANGLE ARC LENGTH CNORDBEARING CtiORDLENGTH CI 0&00 25'3252` 30.12 S 83.5743'E 85 G.00 31.5200" 36.15 N NNIT51-E 35.88 __ I I LMVE BEARING DISTANCE LTB-'TY FJISEMEN' Lt N OD•0?W E 71.64 FFOR-WORTH+ L2 N4WIS43'E 74.89 RT,CTPG xow L3 N18'31'48"E 41A7 �>m ORTCT P.O.B. L4 5 55.5713`E 75.76 —————— CIFIR 'Cl G2 L5 S34'O01rw 30.00 SCALL 0 FELT +(Qldl ` L6 N55*W43`W 95.12 LEGEND: /A•CM•bit'CAPPED PION ROD FOUND V2"CIRF\�h. �4 STAMM tMCES bR CIRF•6iW CAPPED IRON ROO FOUND STAMM•11P 12'CIRF STORMWATER �WORK S Y CILa+'6VCAPPED IRON ROD (CJM4 MAINTENANCE AREA 2.S SF RECOVERED STAMPED IMA.54V 2"45F 0.4LTC T.•O®RECOMS TARRANT 1 OW AC COUNTY.YEW OPA.T.C,T,.OFFICML PUBLIC RECORDS WWOESNLSEMMMEASEMQNTT07HE TARRANTCOUNTY.TOM 5/8. jc u: CRY OF PORT WORTH C u Y VOL 9164 PG,1641 P QC.-POM OF COMMENCING O.RT.0 T.AND PA.S.•POINT OF WGINHINO - VOL 104%PD.667 (CAL)•CONTROL MONUMENT 9� DJLMT, SF>SQUARE FEET P-00,-RIOHT-0F-WAY ?94 aTY OF FORT PW#i va.•VauME PAGE ANDERSON PARK LST.NO.-NSTRUL*M MAIDER 0- IM25, Pa 685 D.R. r.T. NOS ovRrcr ?_ THE SURVEYOR HAS MADE HND S9� INCIEPOMMT SEARCHFOR EAWma"TION�tEMENTS. NCUNORANCE3,OR ANY OTHER FACTS REMAINDER THAT SE„� �L�"T HA WINS FAMILY JOINT VFNJUR£ THE SAM of WAJW#G FOR TH M INST. NO. 0203158109 SU15 RTEXAS VEY o ,�, L O.P.R.T.C.T, tom► ZONE WW l GEOOETHC 6EARM �p ESTMUSN®BY GPS MEASUREMENTS GJ TAKEN ON THE GROII D JANUARY S, ANYOiV MW OFLFA>EAGIEEMW 2015 AND COMPUTED 6Y 04tH! Nf91C1CiTN6HKAo,;M7trdTTHEtnTM4e•----� '^' P0100mv U&WS""w(ohm 0"TRED • TOIHBOteC N SY THE NATIONAL GEODETIC SURVEY. 7WU:MO dT64LM/i7, O/.RLCL ObNgt>Tbt761EMI--' i,� II6T 512 Ci11) 8 OVRT.GTT. ____ _ Z MAADOX STAPIEW d MA*M IMG CROMWELL MARINE CREEK ROAD'C(RR - P.O. 80X 2/09 N=x) Fater, 11•xAs 75126 MARMSLEYMMILO.Wj P.O.C. (972)564-4416 Fi'm Registration No. 1001,5200 CITY OF FORT WORTH ANDERSON PARK o;°'T q���+s SITUATED IN THE JOHN ASKEW SURVEY ABSTRACT NUMBER 16, CO `+' FO CITY OF FORT WORTH,TARRAN COUNTY,TEXAS r Q _ .. .»... STORMWATER MAINTENANCE AREA ».BRIAN J,!UA00 ».L». .............. 2.504 SL7UARE FEET.N7R 0.057 Acs1Es SKETCH SHOVING A TRACT OF LAND SITUATED IN THE JOHN ASKEW SURVEY,ABSTRACT � O.... ;f Q NUMBER 16,CRY OF FORT WORTH,TARRANT COUNTY,TEXAS,BEING A PORTION OF A TRACT OF LAND TO THE CITY OF FORT WORTH(ANDERSON PARK)RECORDED IN VOLUME 13825,PAGE 685 OF THE DEED RECORDS OF TARRANT COUNTY,TEXAS 86an 11, T P . .NO.5430 IL PAGE 1 OF 2 May 17, 2017 Temporary Access Permit and Workspace License Agreement 19 of 40 EXHIBIT"A-1" [beingOTES DESCRIPTION; RE STORMWATER MAINTENANCE AREA tract of land situated�the John Askew Survey,Abstract No.16,City of Fort Worth,Tarrant County,Texas,and otion of s tract of land b to the City of Fort Waith recorded in Volume 13825,Page 685 of the Deed Records of County,Texas and being more particularly descried as follows: NCING at a 518 inch ion fad with cap stamped'RP.LS.5430'recovered for the southeast comer d a tract of land to Family Joint Venture filed in instrument No.D203158109 of the Oficial Public Records,Tarrant County,Texas,same e southwest comer of said City of Fort Worth tract,and said point also yig on the north tine of Cranwell Maine oad a variable width rig"-way, THENCE departing the north line of acid Marine Creek Road and along the common line of said City of Fort Worth tract and said Hawkins tract the following courses and distances; North 00 degrees 03 mirarles 53 seconds West,a distance of 200.96 feet to a SM inch ken rod with cap stamped'TNP'farad for corner; North 48 degrees 17 mkarks 28 seconds West,a distance of 339.97 feet to a 518 inch kora rod with cap stamped'TNP'farad for corner; North 00 degrees 07 minutes 03 seconds East,a distance of 71.64 feet to a 12 inch ion fol with cap stamped'LANDES" farad for comer, North 48 degrees 15 mirwies 43 seconds Ent,a distance of 74.89 feet to a 12 inch ion rot with cap stamped'LANDES" found for comer, North 18 degrees 31 minutes 48 seconds East,a distance of 41.17 feet to a 518 inch bran rod with cap stamped'RP.LS.5430' recovered for corner at the beginning of a curve to the lel% With said curve to the left having a radia of 65.00 feet,a central angle of 26 degrees 32 minutes 52 seconds,an arc length of 30.12 feet,a chord bearing of South 83 degrees 59 minutes 43 seconds East,a distance of 29.85 feel to the POINT OF BEGINNING of the herein described had lying on said clave; THENCE continuing with said curve to the left and said common tine having a radius of 65.00 feet,a central angle of 31 degrees 52 minutes 00 seconds,an arc kngtlh of 36.15 feet,a chord baring of North 66 degree*47 minutes 51 seconds Fast,a distance of 35.69 feet to a point for comer, THENCE departing said common line and through the interior of said City of Fort Worth tract the following courses and distances; South 55 degrees 59 minutes 43 seconds Fast,a distance of 75.79 feet to a point for toner, South 34 degrees 00"*win 17 seconds West,a distance of 30.00 feet to a point for comer, North 55 degrees 59 minutes 43 seconds West,a distance of 95.12 feet to the POINT OF BEGINNING containing 2,504 square Feet,or 0.057 acres of land. The Base of Bearings for this survey is based on the Texas Coordinate System of 1983,Testas-North Central Zone(4202). 'SUIYeynra Certifuatiorh• 1,Brian J.Maddox,Registered Professional Lard Surveyor Number 5430,State of Texas,do hereby certify b that this description and the thatch attached Isevein vera prepared from the public records and nom an actual survey made on the t/o+b. �ti..F r�k 1',.r �STFq'1%.%p Brian J.Maddox, `?a C'' RP-LS.No.5430 BRIAN 1 MAODOX BRIAN »`.. .5430 rf MAW"S7APt� PWG&1MAPPOY0 AC 4 L q� t Aa BOX 2109'•°�F s s;°OQ FOWYMNS 75126 ANO SUtt�E� (912)564-4416 Firm Registration Na 10011200 SHEET 2 OF 2 May 17. 2017 Temporary Access Permit and Workspace License Agreement 20 of 40 VOTE THE SURVEYOR HAS MACE NO INVESTIGATION OR IIDEPEUIDENT SEARCH FOR EA iOMENTS.EF&?UMdAANCE^s. OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DtSCLO SE. 1 THE SASIS OF DEARM FOR THIS SURVEY IS THE TEXAS VAR ADLE W DTHt UTILITY EASEMFJUL COORDINATE SYSTEM OF 1953.NORTH CENTRAL ZONE T'O THE CITY OF FORT YMDRTH "=J.GEODETIC SEARING ESTADLISHED BY GPS VOL am.PQ U07 MEASUREMENTS TAKEN ON THE GROUND JANUARY S,PITS 0 t 00 DJLT.C.T. AND COMPUTED BY OM*1109 >"UMT SMn¢r(OPUS) ! OFFERED 6Y THE WkT10NAL GEODETIC SURVEY, ! SCALE M FLLT LEGEND. Nl CIRF-6A'CAPPED IRON ROD POUFD STAMPED'tAlDES- 5V CIRF-51'CAPPED IRON ACC FOLNO STA/i'ED-tNT► CK1R-SW CAPPED IRON ROD RecovEnEO srAAom�eris.s43P I 011.tf-T. •OEEO REOOROB TARRANT 1 COUNTY,TEXAS QPAT.-T. -OFFIC6LL PUBLIC W WIDE SAWS00M EASEMENT TO THE RECORDS TARRANt COUNTY.TEXAS ` Y CRY OF I=Via" VOL 6706.PG.1641 P.O.C.-POINT OF COMMENCING V D.RT.C.T.AND P.OJL•POM OF 6EGNNNNG V\ trot-UMIS.PO.669 MM.)•CONTROL MOIIUMENT D LTN:.T. SF a SQUARE FEET ACRES OTY OF FART W17RTH m RW -OF-WAY VOLME ANDERSON PARK PQ-PAW I0 AFYWEASEEA7 \ M. 13825, PG. 685 NS1.NO. INSTRUMENT NAteeR 1167 AD=V 74MV o>•.Rrcr \ D.R.TC.T STORMWATER ` MAINTENANCE AREA 2,349 SF Gose AC REMAINDER t�, —J HAW INS FAMILY JATNT VENTURE INST. NO. D203158109 P.O.B /� 5W CIRF 20'TEMPORARY O.P.R.TC I (C'.) WOR PACE 34 SF LINE BEARING DISTANCE *0090"OFU£A*AS� LI N46'17'28'W 4352 ULSM UNNNTAB FAW Yrv*r t/f nft 3 t-2 N48`f728'W 3267 IJXTrf AMWC MTOWERSUC AST AV..MISPW17. L3 N 84'41'62'E 126.97 OPATCT 'n pj L4 S00'18T)S'E 2200 C p L5 S 82.4x50•W 102.54 cm 018111N6f bt»7 z ow AV Oafe9VrJ 11*w QPA7GT. f Ff/ CIRR MA"X YA WNW&MARW W- ---------�---- IC.U) P.Q BOX 2109 CROMWELL MARINE CREEK ROAD IM.) rY, TEXAS 75126 (VIVBABLEWIDTH ROW.) P.O (972) 564-4416 — 'e No. 101013200 CITY OF FORT WORTH OF T el ANDERSON PARK P�6t5TFR-1 SITUATED IN THE JOHN ASKEW SURVEY ABSTRACT NUMBER 76, ,R CITY OF FORT WORTH,TARRANTI COUNTY,TEXAS STORM WATER MAINTENANCE AREA BRIAN J. MADDOX 2.525 SQUARE FEET.OR 0.058 ACRES ° 5430 F�dF E %a 'r-k SKETCH SHOWING A TRACT OF LAND SITUATED IN THE JOHN ASKEW SURVEY,ABSTRACT O 5 NUMBER 16,CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,BEING A PORTION OF A TRACT OF LAND TO THE CITY OF FORT WORTH WMERSON PARK)RECORDED IN VOLUME 13825,PAGE 685 OF THE DEED RECORDS OF TARRANT COUNTY,TEXAS ft" MadOoxTe R L S No 30 PAGE 1 OF 2 May 17, 2017 Temporary Access Permit and Workspace License Agreement 21 of 40 EXHIBIT"A-1" FIELD NOTES DESCRIPTION: 0.058 ACRE STORM WATER MAINTENANCE AREA BEING a bad of Land situated in the John Askew Survey,Abstract No.16,City of Fort Wath,Tarrant County,Texas,and being a portion of a tract of land to to the City of Fat Worth recorded in Vakme 13825,Page 685 of the Deed Records of Tarrant Canty,Texas and being more particularty described as blows: COMMENCING at a 519 inch iron rod with cap stamped'R.P.L.S.543('recovered for the southeast coater of a tract of land to Hawkins Fancy Joint Venture fled in tnstrtment No.D203158109 of the Ci ictal Pudic Records,Tarrant County.Texas,same berg tete southwest comer of said City of Fort worth tract,and said pant also iyirg an the north ate of Cromwell Marine Creek Road a rid"width rigM-0f wry THENCE North DD degrees 03 nur»Aes 53 seconds West a"the common lite of said Hawkins tract and said City of Fat Worth tract,a distance of 200.96 feet to a 518 nth iron rod with cap stamped"THP'Band for caner; THENCE North 48 degrees 17 mirxrtes 28 seconds west conlintmg along said common toe,a distance of 43.52 fleet to the PONT OF BEGINNING of the thin described tract; THENCE North 48 degrees 17 minutes 28 seconds West continuing along said common ane,a dislartce of 32.87 feet to a point for caner, THENCE departing said common lite and through the interior of said City of Fat Worth tract the JbIlowing courses and distances; Nath 89 degrees 41 minutes 59 seconds East a distance of 126.97 feet to a point for comer, South 00 degrees 18 minutes 01 seconds East a distance of 22.00 feet to a pont for corner, South 89 degrees 41 mrxrtes 59 seconds West a distance of 102.54 feet to the POINT OF BEGINNING containing 2,515 share Feet or 0.058 acres of land. The Basis of Bearings for On survey n based on the Texas Coordinate System of 1983,Texas-North Central Zane(4202). 'Suxveyors Cerkkabon' I,Brian J.Maddox,Registered ProlessiorW Land Surveyor Nurruber 5430,State of Texas,do hereby aertiy b that Ins description and the sketch attached hereto were prepared from the pudic records and from an actual survey made on the ground. OF 7- -f 3rsan�Maddox. co) !4' 14 9S R.P.L.S.No.5430 ✓r BRIAN L MADDOX 5430 Q bQ`essho ,-O S URS MADM SU?WMG Ar MAPFWG NYC P.0 90X 2109 fOWY,, TEXAS 75126 (97?)564-4416 Finn Registration Ha 100I31Qp SHEET 2 OF 2 May 17, 2017 Temporary Access Permit and Workspace License Agreement 22 of 40 NOTED THE SURVEYOR.NMS MADE 00 INVESTIGATION OR INDEPENDENT SEARCH FOR EASEMENTS.ENCUM6RANCES OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT 06' TITLE SEARCH MAY DIOSE. 77i THE BASIS OF FEARING FOR THIS SURVEY IS THE TEXAS �-ARASLE WO'll U-1,1-v EASEMC'.T ! COORDINATE SYSTEM OF 198&NORTH CENTRAL ZONE TO THE CRY OF FORT VVORTH ! (4202),GEODETIC WARNG ESTMUSIHED FY GPS VOL M&Pa.2007 MEASUREMENTS TAKEN ON THE GROUND JANUARY S,20/S ORT.C.T. AND COMPUTED IFY On**PCLDd1k19 UNIT 0000(OPUS) ! OFFERED BY THE NATIONAL GEODETIC SURVEY +. SCALE N FC!T LEGEND: ':2'CI3F r yr'LAPPED IRON R():,FCA iND SrAA1P£J'.ANDCs, S,w CIPS-.%%-i JAPED tRON ROD,wv) STAW-D'INW CIRR•SW CAPPED RON ROD RECOVERED STAMPED'R.PJ.S.543V MR.T.C.T, •DEED RECORDS TARRANT COUNTY.TEXAS O.P.R.T.C.T. •OFFICIAL PUBLIC 20'wDE SAKSEWFREASEMEHTTO THE RFtcRDS TARRANT COk"w.TExAS CITY OF FORT VKWH VOL 8208.Pp.1841 P.D.C.•PONT OF COMRENCNG DJLT.C.T,APO P" POINT OF FEOIN14N0 j VOL 1411&PO.MY (CA%)•CONTROL MONUMENT O.RT.C.T. SF a SQUARE FEET AC•ACRES CITY OF FORT OURTH %V---.R1OHTp4NAY OL.�VOLUME ANDERSON PARK POT.NU-INSTRUMENT N IwWR ar 11111 wwww VOL 1.7825, PC. 685 ar ert r. ` D.R.TC T. REMAINDER `• L4 LINE SEARING DISTANCE HAW INS FAMILY JaNT VENTURE LI N DD•03'5X'W 63.09 INST. NO. 0203158109 �v' Lz N 00'03'53'w 137.87 O.P.R.T C T 518•CIRF L3 N 48.17'28-W 43.52 (C-IM 4 L4 N 89'41'59"E 52.05 L5 S 00.1711'E 148.60 SANITARY SEWER La EASTa1ELI —U L7 S MAINTENANCE AREA cJ. LE S 25'18'16'E 41 DO'Oa'/5'E 354 4EA,GRNTxMO�1fA1T�ACAai4Ex1 5.085 5E UNMA0U WFA&9YXWHUhnff a.t17AC L9 WEST 1 03.40 A6r.MID ZVSMn. P.O.B. oF<trar. �Rar40FaMs�MEarr !S MT ea caaL9 ANN r� , avAN _ ------- J 20'TEMP(iRAR7 WAK SPACE MA"X S(AWWMG&AMAPAW ANG CROMWELL MARINE CREEK ROAD (IRR Fir i�x�s �isr2s (VliiAeLE WIDTH NLo.w.) C. (972)564-4416 pkM 'r� 'I,+.. No. 10013200 CITY OF FORT WORTH OF rF ANDERSON PARK G 1 S T fRf 9� SITUATED IN OF E JOHN RT ASKEW SURVEY CABSTRACT NUMBER OUNTY,TEXAS 16,CIT4 SANITARY SEWER MAINTENANCE AREA BRIAN J. MADDOX 5430 5.085 SQUARE FEET.OR 8.117 ACRES 4 p CSSA + SKETCH SHOWING A TRACT OF LAND SITUATED IN THE JOHN ASKEW SURVEY,ABSTRACT f0 3 U -4 NUMBER 16,CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,BEING A PORTION OF A TRACT OF LAND TO THE CITY OF FORT WORTH(ANDERSON PARK)RECORDED IN VOLUME 13625,PAGE 665 OF THE DEED RECORDS OF TARRANT COUNTY,TEXAS Sria MaLkioxTexas R P L S No 5430 PAGE 1 OF 2 May 17, 2017 Temporary Access Permit and Workspace License Agreement 23 of 40 FIELD NOTES DESCRIPTION: EXHIBIT"A-1" 0.117 ACRE SANITARY SEWER MAINTENANCE AREA BEING a tract of land situated In the John Askew Survey,Abstract No.16,City of Fort Worth,Tarrant County,Texas,and being a portion of a tract of land to to the City of Fort Worth recorded in Volume 13825,Page 685 of the Deed Records of Tarrant County.Texas and being more parbaAarty described as kdows: COMMENCING at a 518 inch iron rod with tap starnped"R.P.LS.5430'recovered for the southeast comer of a tract of land to Hawkins Family Jolt Venture tiled in Instrument No.D203158109 of the Olfitial Pubic Records,Tarrant County,Texas,same berg the southwest comer of said City of Fat Worth tract,and said point also lying on the north ine of Cromwell Marine Creek Road a variable width dghEc-W, THENCE North 00 degrees 03 minutes 53 seconds West along the common fvne of said Hawkins tract and said City of Fat Worth tract a distance of 63.09 feet to the POINT OF BEGINNING of the herein described tract THENCE North 00 dues 03 minutes 53 seconds West continuing along said common n ate,a dist rice of 137.87 feet to a 518 iKb iron rod with cap stamped-Rfr found far comer, THENCE North 48 degrees 17 minutes 28 seconds West continuing along said common tine,a distance of 43.52 feet to a paint for comer, THENCE departing said common kine and through the iterior of said City of Fort Worth tract the following courses and tom, North 89 degrees 41 minutes 59 seconds East,a distance of 52.05 feet to a post for tomer, South 00 degrees 12 minutes 11 seconds East,a distance of 148.60 Leet to a point for comer, East,a distance of 66.39 feet to a point for comer, South,25 degrees 18 minutes 16 seconds East a distance of 16.54 feet to a pont for comer; South,00 degrees 06 minutes 15 seconds East a distance of 3.54 feet to a pont for tomer, West,a distance of 93.40 feet to the POW OF BEGINNING containing 5,085 square Feet,or 0.117 acres of lard. The Basis of Bearings for this survey is based an the Texas Com itafe System of 1983,Texas-North Central Zone(4202). 'Surveyors Certification- 1,Brian J.Madd0X.Registered Professional Land Surveyor Number 543D,State of Texas,do hereby to that this desoVbDn and the sketch attached hereto were prepared from the pubic records and hom an actual survey made an the good. of S rF �P is a te'v -► Bnan J.Maddox, r� pfv !q 9s R.P.L.S.No.5430 BRIAN J. MADDOX t p 5430 4 io �'LQRcss%-4 SU R� MAOOOX SUPWYM tt MAPPkVC IVC Aa 80%2109 FMWY,, TEXAS 75126 (972)564-4416 Fum Registration Na 10013200 SHEET 2 OF 2 May 17, 2017 Temporary Access Permit and Workspace License Agreement 24 of 40 35'PERMANENT STORM DRAINAGE MAINTENANCE AREA 26,925 SQ. FT./0.618 AC. OFF SHADYDELL DRIVE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS �J� O o LOT 3,BLOCK 3 O—1 ,�•9p5 Ot�Q' MARINE CREEK APARTMENTS 5 CM gQ CAB.A,SLIDE 8820 50 1W POC POB P.R.T.C.T. L47 ppb' 43S s51MAN•E011VTo &E'IRF FOR REFERENCE VT IRF 448 L36 PERMANENT DRAINAGE MAINTENANCE EASEMENT L44 LINE TABLE CITY OF FORT WORTH � 1/2'RF VOL.7226,PG.721 (CM) LINE# LENGTH DIRECTION D.R.T.C.T. L35 216.08' S68°07'25"E L36 167.19' S79'37'24"E 35'PERMANENT CITY OF FORT WORTH STORM VOL.7226,PG.721 L37 110.44' S34°56'28"E DRAINAGE D.R.T.C.T. I MAINTENANCE L38 338.39' 827°37'28"E 25 26,925 SQ,FT. L39 33.03' N73°02'350.618 AC. L40 <a L40 4.53' N89°42'48"W L41 7.85' S44°35'46'W L42 313.25' N27°3T28"W L43 93.82' N34°5628"W Ir R L44 156.33' N79°37'24"W L40 L45 151.56' N68°07'25'W L46 76.52' N40°54'16'W LEGEND: r L47 25.15' S68°OT25'E CM CONTROLLING MONUMENT ! 100 50 0 50 100 150 200 IRF IRON ROD FOUND SQ.FT SQUARE FEET R.O.W. RIGHT-OF-WAY P.R.T.C.T PLAT RECORDS,TARRANT COUNTY,TEXAS SCALE-1"=100 M.R.T.C.T. MAP RECORDS,TARRANT COUNTY,TEXAS ��h, TEXAS HERITAGE SURVEYING,INC. Bearings are based on the Southeast Job#1404771-1PDME 1otilo Metric Drive,Suite 114, Dallas,TX 75143 right-of-way One of Shadydell Drive per plat pate:o4128no16 Office 214-340-9700 Fax 114-340-9710 recorded In Cabinarineet Creels s 8820er� Drawn:CN txher(ta a com recorded T Gannet A.Side x620,Flet Page 2 of 2 ��ia►� $ Records,Tenant County,Texas. g Firm#to169300 (N4W W44"E) Scale:l"-10o' Temporary Access Permit and Workspace License Agreement 25 of 40 50' TEMPORARY CONSTRUCTION ACCESS AREA 39,409 SQ.FT.10.90 AC. OFF SHADYDELL DRIVE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Being a 39,409 square foot tract of land situated over and across a tract of land conveyed to the City of Fort Worth,by Deed recorded in Volume 7226,Page 721,Deed Records,Tarrant County,Texas,and being more particularly described by metes and bounds as follows: COMMENCING at a 518 inch iron rod found for corner lying in the Southeast right-of-way line of Shadydell Drive(60 foot right-of-way)and the West corner of Lot 3,Block 3 of Marine Creek Apartments,an Addition to the City of Fort Worth, Tarrant County,Texas,according to the Plat thereof recorded in Cabinet A,Slide 8820,Tarrant County,Texas,said corner also being the Northwest comer of said City of Fort Worth tract; Thence South 68 degrees 07 minutes 25 seconds East,along the Southwest line of said Lot 3,Block 3,a distance of 25.15 feet to the POINT OF BEGINNING; Thence South 68 degrees 07 minutes 25 seconds East,along the Southwest line of said Lot 3,Block 3,a distance of 216.08 feet to a 1/2 inch iron rod found for comer, Thence South 79 degrees 37 minutes 24 seconds East,along the Southwest line of said Lot 3,Block 3,a distance of 188.52 feet to a point for comer; Thence over and across said City of Fort Worth tract the following bearings and distances: South 34 degrees 56 minutes 28 seconds East,a distance of 96.24 feet to a point for comer, South 27 degrees 37 minutes 28 seconds East,a distance of 175.75 feet to a point for corner; North 62 degrees 22 minutes 32 seconds East,a distance of 20.00 feet to a point for corner; South 27 degrees 37 minutes 28 seconds East,a distance of 90.00 feet to a point for comer, South 62 degrees 22 minutes 32 seconds West,a distance of 20.00 feet to a point for corner, South 27 degrees 37 minutes 28 seconds East,a distance of 64.37 feet to a point for comer; South 79 degrees 21 minutes 56 seconds East,a distance of 35.83 feet to a point for comer, South 10 degrees 13 minutes 07 seconds West,a distance of 19.32 feet to a point for comer; North 66 degrees 07 minutes 29 seconds West,a distance of 5.90 feet to a point for comer; North 80 degrees 54 minutes 48 seconds West,a distance of 18.80 feet to a point for comer; North 73 degrees 02 minutes 35 seconds West,a distance of 50.63 feet to a point for comer; North 89 degrees 42 minutes 48 seconds West,a distance of 4.53 feet to a point for corner; South 44 degrees 35 minutes 46 seconds West,a distance of 21.03 feet to a point for comer; �/ TEXAS HERITAGE SURVEYING,INC. Bearings aro based on the Southeast Job/140477tiTCE 106to Metric Drive,Suite 114, Dallas,TX 75243 rlehW-way ens of shadydd trove per pat Date:04/27/1ot6 Office 214-340-9700 Fax 114-340 8710 r000rded es Marine creek Apartmards Drawn:CN recorded In Cabinet A,Slide SM,Plat bcheritage.com Recre19 Tarrant County,Texas. Page 1 Of 4 Flrm!10169300 tr,HFQ1T"'El Scale 1"-100' Temporary Access Permit and Workspace License Agreement 26 of 40 50' TEMPORARY CONSTRUCTION ACCESS AREA 39,409 SQ.FT./0.90 AC. OFF SHADYDELL DRIVE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS South 09 degrees 36 minutes 17 seconds West,a distance of 19.24 feet to a point for corner; South 07 degrees 05 minutes 14 seconds East,a distance of 21.62 feet to a point for corner; South 24 degrees 25 minutes 45 seconds East,a distance of 7.31 feet to a point for corner, South 36 degrees 09 minutes 05 seconds East,a distance of 16.05 feet to a point for comer; South 39 degrees 50 minutes 52 seconds East,a distance of 13.93 feet to a point for corner; South 31 degrees 44 minutes 51 seconds East,a distance of 8.69 feet to a point for corner; South 62 degrees 17 minutes 21 seconds West,a distance of 13.77 feet to a point for comer; North 27 degrees 42 minutes 39 seconds West,a distance of 72.30 feet to a point for corner; North 19 degrees 57 minutes 11 seconds East,a distance of 54.33 feet to a point for comer, North 27 degrees 37 minutes 28 seconds West,a distance of 86.13 feet to a point for comer; South 62 degrees 22 minutes 32 seconds West,a distance of 50.00 feet to a point for corner, North 27 degrees 37 minutes 28 seconds West,a distance of 40.00 feet to a point for corner; North 62 degrees 22 minutes 32 seconds East,a distance of 50.00 feet to a point for corner; North 27 degrees 37 minutes 28 seconds West,a distance of 163.23 feet to a point for corner; North 34 degrees 56 minutes 28 seconds West,a distance of 93.82 feet to a point for comer; North 79 degrees 37 minutes 24 seconds West,a distance of 156.33 feet to a point for comer; North 68 degrees 07 minutes 25 seconds West,a distance of 151.56 feet to a point for comer, North 40 degrees 54 minutes 16 seconds West,a distance of 76.52 feet to the POINT OF BEGINNING and containing 39,409 square feet or 0.94 acre of land. .Stip-\'-•:•T F•�fiq J.R.JANUARY ... 5382�.y,P��'� �• ,SSI J.R.January, L.S. Bearings are based on the Southeast Jpb#t4o477t1TCE 1� TEXAS HERITAGE SURVEYING,INC. 1o610 Metric Drive,Suite 124, Dallas,TX 75243 right-of-way tine of Shadydell Drive per plat Date:0412712o16 Office zt434o-970o Fax 214 340 9710 recorded as Marine CreekAparbnents Drawn:CN txhice 21 a cOm recorded in Cabinet A,Slide 8820,Flat D e z 0f 4 ���►� B Records,Tarrant County,Texas. ffi Firm#,169300 (N49-W44•E) Scale:1"-1o0' Temporary Access Permit and Workspace License Agreement 27 of 40 50' TEMPORARY CONSTRUCTION ACCESS AREA 39,409 SQ.FT./0.90 AC, OFF SHADYDELL DRIVE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 5l9 RF 0- LOT 3,BLOCK 3 y�5 MARINE CREEK APARTMENTS POC POB CAB.A,SLIDE 8820 P.R.T.C.T. L1 ` RF FOR REFERENCE L33 11Z IRF L3 L32 CITY OF FORT WORTH <7T RF (CM) VOL.7226,PG.721 D.R.T.C.T. 50'TEMPORARY < CITY OF FORT WORTH ACNCE UCTIO VOL.7226,PG.721 39,409 SQ.FT. < D.R.T.C.T. 0.90 AC. 6 S �d) �0) L15<`9 100 50 0 50 100 150 200 y L10 `� L14 L11 LEGEND: SCALE-1'=100 L1 L16 L12 L13 CM CONTROLLING MONUMENT <�3T L1 L18 IRF IRON ROD FOUND L20 SQ.FT SQUARE FEET R.O.W. RIGHT-OF-WAY L23 L21 D.R.T.C.T DEED RECORDS,TARRANT COUNTY,TEXAS L22 P.R.T.C.T. PLAT RECORDS.TARRANT COUNTY,TEXAS ��� TEXAS HERITAGE SURVEYING,INC. Bearings are based an the Southeast Job#1404771-1TCE 10610 Metric Drive,Suite 124, Dallas,TX 75243 right-of-way One of Shedydel Drive per plat Date:04/27/2016 recorded as Marine Creek Apartments Drawn:CN Office zt4-340-9700 Fax 214-340-9710 recorded In CaWnet A,Side 88M,Plat P�aag!e of txheritage.com Recorda,Tenant County,Texas. 3 4Firm#10169300 (N49'W44•E) Scale-loo' Temporary Access Permit and Workspace License Agreement 28 of 40 50` TEMPORARY CONSTRUCTION ACCESS AREA 39,409 SQ.FT./0.90 AC. OFF SHADYDELL DRIVE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TEMPORARY CONSTRUCTION TEMPORARY CONSTRUCTION EASEMENT LINE TABLE EASEMENT LINE TABLE LINE# LENGTH DIRECTION LINE# LENGTH DIRECTION Li 25.15' S66"07'25"E L21 13.93' S39°50'52"E L2 216.08' 868'07'25"E L22 8.69' S31"44'51"E L3 188.52' S79"37'24"E L23 13.77' S62"17'21"W L4 96.24' S34"5628'E L24 72.30' N27"42'39'W L5 175.75' S27"37'28"E L25 54:33' N19"57'11"E L6 20.00' N62"22'32"E L26 86.13' N27"37'28W L7 90.00' S27'3T28"E L27 50.00' S62"2232"W L8 20.00' S62"22'32'W L28 40.00' N27'37'28W L9 64.37' S27"37'28"E L29 50.00' N62°22'32"E L10 35.83' S79"21'56"E L30 163.23' N27"37'28"W 1-11 19.32' S10"13'OTW L31 93.82' N34"56'28"W L12 5.90' N66"07'29"W L32 156.33' N79"37'24"W L13 18.80' N80"54'48"W L33 151.56' N68"07'25W L14 50.63' N73"02'35"W L34 76.52' N40"54'16"W L15 4.53' N89"4248'W L16 21.03' S44"3546"W L17 19.24' S9"36'17"W L18 21.62' S7"05'14"E L19 7.31' S24"2545"E L20 16.05' S36"09'05"E j i ��� TEXAS HERITAGE SURVEYING,INC. Bearings aro based on the Southeast Jots 1404771-1TCE 10610 Metric Drive,Suite 124, Dallas,TX 75243 rrsht-of-way Tina of Shadydell Drtve per plat Date:o4[27(2o16 Office 214-340-9700 Fax 214-340-9710 recorded as Markle crook apartments Drawn:CN recorded in Cabinet A,Slide 8820,Plat 1� bchedtage.com Records,Tarrant county,Texas. Page 4 of 4 Firm#1o1693oo Mas"o5'aa"EI Scale:t"-too' OF Temporary Access Permit and Workspace License Agreement 29 of 40 EXHIBIT A-2 PARK DEDICATION PROPERTY (1.6 Acres) -- -------------- JJ,#A�A�A 11 A I J. A A JL WPM ww w"MMMM upwnwo�er 'A= 400=1~0" wr "I—w kooadtw 4rt VMM" L J. jr ljo J. mwM,elrww/rnwnwwar '. &J A I JA ij. t Liz% IMF .0. vli For 1 7 1 rMly. WL Nw.1 qr-n tW4 I I W.�law —MUN-MM-4 MEIER= ME F-vr 1"-- 1 JJ I 0 FtA FAT I 4. MARINE CREEK CALLS AV Wr+aMrr OM1 = L --- M*Ax=AjM"A=A W.-W tAWNOWM.tUA mm ant a�iAma mow 1"On wo Temporary Access Permit and Workspace License Agreement 30 of 40 EXHIBIT B PARK ENCROACHMENT AREA } 12X 32=384saft t 35 X 22=7705oft X 6 X 300=1800 soft 5�- 6 X 200=1200 raft - � t T + 3/2018 Mass grading tree impacts done before plan approval Temporary Access Permit and Workspace License Agreement 31 of 40 AW-8570A Permit(Anderson Park)01-25-19 #7113942 EXHIBIT B TREE IMPACTS Anderson Park Clearing SHADY8PRIN _ Tree ID CanopyAArreaIs R 0 S4_441s R 1 47 $232.18 2 43 $212.42 r 3 43 $212.42 4 18 $88,92 5 19 $93.86 # rt 6 32 - $158.08 I 7 116 $573.04 derson Parke 8 67 $330.98 9 68 $335.92 �10 108 $533.52 i 11 99 $489.06 12 90 $444.60 13 136 $671.84 41' 14 49 $242.06 15 141 m 169654 16 148 $731.12 pf 17 105 $518.70 181% $523,64 19 . 76 $375.44... 20 39 $192.66 21 90 $444.60 i Damaged Standing Trees x 22 78 $385.32 Non-permitted Removals 23 183 $904.02 /� + 24 62 $306.28 Park Property \/ 25 136 $671.84 26 125 $617.50 Feet 27 40 $197.60 0 30 60 120 180 28 147 $726.18 .. * 29 109 $538.46 - Y - 30 1 414 $2.045.16 t Total 2,934 $14,493.96 Anderson Park-Uquldated Damages for Injury to the Critical Root Zone of 14 Trees(depicted In red) Tree ar Species DBH Damage Type Assessment Comment 1 Hackberry 4 Moderate $300.00 Moderate damage=$300lrncident 2 Hackberry 14 Moderate $300.00 3 Hackberry 23 Moderate $300.00 4 Hackberry 7 Moderate 5300.00 5 HackWrry 5 Moderate $300.00 6 Hackberry 7 Moderate $300.00 7 Hackberry 10 Severe $2,000.00 Severe damage-$2001inch { 8 Hackberry 2 Moderate $300.00 9 Willow 23 Severe $4,600.00 Severe damage=$2001inch 10 Cottonwood 13 Moderate $300.00 11 Hackberry 14 Moderate $300.00 Total $9,300.00 Temporary Access Permit and Workspace License Agreement 32 of 40 Trees to be removed at Anderson Park for Marine Creek Hill V-Phase 2.11612017 1 6 Hackberry 2 6 Hackberry 3 6 Hackberry 4 6 Hackberry 5 5 Hackberry 6 9 Hackberry S 13 Cottonwood 9 13 Cottonwood 10 17 Cottonwood 11 1s cottonwood 12 20 Cottonwood 13 8 Hackberry 14 14 Cottonwood 15 18 Bois de Arc 16 11 Hackberry 17 11 Hackberry 18 9 Hackberry 19 1 6 Hackberry 20 9 Hackberry 21 7 Hackberry 22 6 Hackberry 23 10 Hackberry 24 s Hackberry 236 Total inches removed 236 Total mitigatable inches 0 inches planted on site 16 Hackberry 6 Cottonwood 1 Bois de Arc 23 Total trees 0 trees 30"or greater Mitigation,$2001inch trees<30" $400finch trees 30"or greater 147,20 Temporary Access Permit and Workspace License Agreement 33 of 40 017 JO b£ luauraa.i8y asuaa►Z aauds3poM put,Iwuad ssaaay dmlodway O O CI) O E-+ C/Z Cr, T U o L F G m / - L � W E-+ U � G U a � a a AIoMaloud Hail 3 ZISIHXd Ob 3o S£ iuowooj2y asuaoq aaedsxjoM pue 1?uuad ssaaay km odwoL 'z rA 0 � O O tL i+. EXHIBIT D DAMAGE TO CITY TREES NO PRUNING OF ANY CITY TREE SHALL BE PERMITTED, UNLESS SPECIFIED OTHERWISE IN THESE SPECIFICATIONS. Severe damage to trees will result in replacement or compensation of trees by the DEVELOPER. Failure to replace damaged trees shall be considered a breach of contract and DEVELOPER shall be assessed for damages. Slight or moderate damage to trees will result in assessment of damages. ASSESSMENT OF DAMAGES TO TREES 1.1. Developer will check trees in the Licensed Premises before contract work begins, any damage will be noted and reported to the Director. 1.2. The Director may conduct random checks of the trees during the License Period. 1.3. A check of all trees may be made at the end of the License Period. The City Forester,Director, and Developer will attend the inspection. 1.4. Damages shall be documented by memo to the City Forester with copy to contract file and the Contractor. 1.5. Developer may have the option of replacement or payment for severely damaged trees at a location to be designated by PACS. Replacement shall be made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2"in caliper for trees damaged or removed less than 30"diameter at breast height (DBH)and 2" per inch on trees 30" DBH or greater. Developer shall be responsible for any planting, watering, mulching and maintenance of replacement trees for a period of not less than 2 years. Developer shall compensate the City at a rate of$200 per caliper inch for any tree that does not survive the 2 year establishment period. 1.6. Slight Damage shall be defined as damage, in the opinion of the City Forester, that may heal. Examples include,but are not limited to, scaring of the trunk into the cambial layer 1/2"to 2"in width but less than 1/3 trunk circumference or breaking of limbs less than 2" in diameter or limbs less than 1/3 trunk caliper, whichever is less. Slight damage shall also include removal or lying down of protective tree fencing prior to the end of construction, storing equipment or supplies within the critical root zone(CRZ), or disposing of paint or concrete within the CRZ but not closer to the trunk than 50% radius of the CRZ. Slight damage to trees shall be assessed at a rate of$100.00 for each instance.For each day that tree fencing is not properly placed,equipment or supplies are stored within CRZ, or fill is stored within the CRZ, shall be considered one instance. 1.7. Moderate damage shall be defined as damage, in the opinion of the City Forester,that contributes to the poor health and reduced longevity of the tree,and examples include,but are not limited to,scaring of the trunk into the cambial layer greater than 2" but less than 1/3 of the trunk circumference or breaking of limbs more than 2" in diameter but less than 1/3 trunk caliper. Moderate damage shall also include compaction of soil,grading or filling in 20%of the CRZ on one of four sides but outside the 50%radius of the CRZ,or disposing of paint or concrete within 50%radius of the CRZ.Moderate damages shall be calculated at a rate of/z the assessed value of the tree per each instance of damage. Temporary Access Permit and Workspace License Agreement 36 of 40 1.8. Severe damage or removal of trees is subject to a penalty of$200 per diameter inch of trees removed or damaged for trees less than 30" DBH and $400 per diameter inch of trees 30" DBH or greater. Severe damage or removal shall include,but is not limited to,scaring of the trunk to the cambial layer greater than 1/3 the trunk circumference, uprooting or causing a tree to lean, or damage to a scaffolding branch or branch greater than 1/3 of trunk caliper. Severe damage shall also include compaction of soil,grading or filling more than 20%of the CRZ,or within 50%radius of the CRZ or on more than one of 4 sides.Cutting 1/3 of the buttress roots within 3 times the distance of the DBH of the trunk,or cutting 4 roots 4"or greater in diameter within 4'of the trunk shall also be considered severe damage. 1.9. Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back to according to ANSI standards. Trees caliper shall be measured according to accepted industry standards. Trees greater than 6" in caliper shall be measured using DBH. Trees that must be removed due to damage caused by Developer shall be removed by the Parks and Community Services Department's Forestry Section Tree Removal Contractor at Developer's expense. 1.10 All damages shall be paid to the City Tree Fund. Failure to replace or pay for damaged trees shall result in a breach of contract and Developer will be automatically assessed damages. Damages as described herein shall be deducted from payments otherwise due to Developer. 1.11 Remediation costs assessed hereunder constitute contractual damages intended to compensate the City,as property owner,and have no bearing on whether or to what extent any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance. Temporary Access Permit and Workspace License Agreement 37 of 40 EXHIBIT E Restoration of Maintenance and Workspace Areas 1. Contractor will restore the land identified as the 15, 221 square feet of Stormwater Maintenance and Temporary Workspace. a. During the onsite pre-con meeting, the impacted areas will be clearly defined. b. The impacted areas will have any existing construction fill material removed. C. The areas will be backfilled using native top soil to a depth of 6", free of rocks/inclusions greater than 3". The area will be free and clear of any construction debris. d. The areas will be seeded with Rye Grass during the winter months,and then re- seeded with an approved Bermuda seed when appropriate. The seeded areas will be maintained until 70%coverage has been established. Restoration of Encroachment Areas 1. Contractor will restore the land identified as the 4,999 square feet of Mass Grading Tree Impacts Done before Plan Approval Exhibit. a. During the onsite pre-con meeting, the impacted areas will be clearly defined. b. The impacted areas will have any existing construction fill material removed. C. The areas will be backfilled using native topsoil to a depth of 6", free of rocks/inclusions greater than 3". The area will be free and clear of any construction debris. d. The areas will be seeded with Rye Grass during the winter months, and then re- seeded with an approved Bermuda seed when appropriate. The seeded areas will be maintained until 70%coverage has been established. Park Land Dedication 1. Contractor will grade and sod a 30' section of the 1.6 acres to be dedicated to the city as parkland. a. During the onsite pre-con meeting,a 30'wide section of land along the entire site will be identified and marked. The 30' section will ideally be along the western boundary of the 1.6 acres of dedication property. b. The 30' area areas will be backfilled using native top soil to a depth of 6", free of rocks/inclusions greater than 3". The area will be free and clear of any construction debris. c. The areas will be sodded using Bermuda grass. Irrigation will be installed to promote root establishment. Temporary Access Permit and Workspace License Agreement 38 of 40 Tree Impact Mitigation 1. Contractor will plant no less than 25 trees,approved by Urban Forestry, in the Encroachment and Park Land Dedication areas. a. During the onsite pre-con meeting,the tree planting areas will be clearly defined. b. The trees will be planted in approved areas to minimize impacts with easements and future trail location. C. Temporary irrigation will be added for a period of one year or until established, not to exceed 3 years. d. The trees to be planted will be in lieu of the $14,493.96 for Anderson Park Clearing. Temporary Access Permit and Workspace License Agreement 39 of 40 FEE & RESTORATION SCHEDULE: Fee Price Acreage Total Fee Maintenance &Workspace $1.00 15,221 $15,221 Encroachment Area $1.00 4,999 $4,999 Tree Mitigaiton $47,200 Total Fees Paid at Permit $67,420 Work to be Performed Maintenance &Workspace Restoration $10,000 Encroachment Area Restoration $5,000 25 Tree Plantings $15,000 Sod 30'wide section of 1.6 acre dedication land $20,000 Total Work $50,000 TOTAL FEE& RESORATION WORK $117,420 Temporary Access Permit and Workspace License Agreement 40 of 40 Exhibit H 3292 13-1 HYDROMULCHING,SEEDING AND SODDING 1 SECTION 32 92 13 2 HYDROMULCHING, SEEDING AND SODDING 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Furnishing and installing grass sod and permanent seeding as shown on Drawings, 7 or as directed. 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include,but are not necessarily limited to: 11 1. Division 0-Bidding Requirements, Contract Forms,and Conditions of the Contract 12 2. Division 1 -General Requirements 13 3. Section 32 91 19—Topsoil Placement and Finishing of Parkways 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Block Sod Placement 17 a. Measurement 18 1) Measurement for this Item shall be by the square yard of Block Sod placed. 19 b. Payment 20 1) The work performed and materials furnished in accordance with this Item 21 and measured as provided under"Measurement"will be paid for at the unit 22 price bid per square yard of Block Sod placed. 23 c. The price bid shall include: 24 1) Furnishing and placing all sod 25 2) Rolling and tamping 26 3) Watering(until established) 27 4) Disposal of surplus materials 28 2. Seeding 29 a. Measurement 30 1) Measurement for this Item shall be by the square yard of Seed spread. 31 b. Payment 32 1) The work performed and materials furnished in accordance with this Item 33 and measured as provided under"Measurement"will be paid for at the unit 34 price bid per square yard of Seed placed for various installation methods. 35 c. The price bid shall include: 36 1) Furnishing and placing all Seed 37 2) Furnishing and applying water for seed fertilizer 38 3) Slurry and hydraulic mulching 39 4) Fertilizer 40 5) Watering and mowing(until established) 41 6) Disposal of surplus materials 42 3. Mowing 43 a. Measurement CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20,2012 329213-2 HYDROMULCHING,SEEDING AND SODDING 1 1) Measurement for this Item shall per each. 2 b. Payment 3 1) The work performed and materials furnished in accordance with this Item 4 and measured as provided under"Measurern -nt"will be paid for at the unit 5 price bid per each. 6 1.3 REFERENCES [NOT USED] 7 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 8 1.5 ACTION SUBMITTALS [NOT USED] 9 1.6 INFORMATIONAL SUBMITTALS 10 A. Seed 11 1. Vendors' certification that seeds meet Texas State seed law including: 12 a. Testing and labeling for pure live seed(PLS) 13 b. Name and type of seed 14 2. All seed shall be tested in a laboratory with certified results presented to the City in 15 writing,prior to planting. 16 3. All seed to be of the previous season's crop and the c,ate on the container shall be 17 within 12 months of the seeding date. 18 1.7 CLOSEOUT SUBMITTALS [NOT USED] 19 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 20 1.9 QUALITY ASSURANCE [NOT USED] 21 1.10 DELIVERY,STORAGE,AND HANDLING 22 A. Block Sod 23 1. Protect from exposure to wind, sun and freezing. 24 2. Keep stacked sod moist. 25 B. Seed 26 1. If using native grass or wildflower seed, seed must have been harvested within 100 27 miles of the construction site. 28 2. Each species of seed shall be supplied in a separate, labeled container for 29 acceptance by the City. 30 C. Fertilizer 31 1. Provide fertilizer labeled with the analysis. 32 2. Conform to Texas fertilizer law. 33 1.11 FIELD [SITE] CONDITIONS [NOT USED] 34 1.12 WARRANTY [NOT USED] 35 PART 2- PRODUCTS [NOT USED] 36 2.1 OWNER-FURNISHED PRODUCTS [NOT USED] 37 2.2 MATERIALS AND EQUIPMENT 38 A. Materials CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20,2012 329213-3 HYDROMULCHING,SEEDING AND SODDING 1 1. Block Sod 2 a. Sod Varieties(match existing if applicable) 3 1) "Stenotaphrum secundatum" (St.Augustine grass) 4 2) "Cynodon dactylon" (Common Bermudagrass) 5 3) "Buchloe dactyloides" (Buffalograss) 6 4) an approved hybrid of Common Bermudagrass 7 5) or an approved Zoysiagrass 8 b. Sod must contain stolons, leaf blades,rhizomes and roots. 9 c. Sod shall be alive,healthy and free of insects,disease,stones,undesirable 10 foreign materials and weeds and grasses deleterious to its growth or which 11 might affect its subsistence or hardiness when transplanted. 12 d. Minimum sod thickness: 3/4 inch 13 e. Maximum grass height:2 inches 14 f. Acceptable growing beds 15 1) St.Augustine grass sod: clay or clay loam topsoil 16 2) Bermuda grasses and zoysia grasses:sand or sandy loam soils 17 g. Dimensions 18 1) Machine cut to uniform soil thickness. 19 2) Sod shall be of equal width and of a size that permits the sod to be lifted, 20 handled and rolled without breaking. 21 h. Broken or torn sod or sod with uneven ends shall be rejected. 22 2. Seed 23 a. General 24 1) Plant all seed at rates based on pure live seed(PLS) 25 a) Pure Live Seed(PLS)determined using the formula: 26 (1) Percent Pure Live Seed=Percent Purity x[(Percent Germination+ 27 Percent Firm or Hard Seed)+ 100] 28 2) Availability of Seed 29 a) Substitution of individual seed types due to lack of availability may be 30 permitted by the City at the time of planting. 31 b) Notify the City prior to bidding of difficulties locating certain species. 32 3) Weed seed 33 a) Not exceed ten percent by weight of the total of pure live seed(PLS) 34 and other material in the mixture 35 b) Seed not allowed: 36 (1) Johnsongrass 37 (2) Nutgrass seed 38 4) Harvest seed within 1-year prior to planting 39 b. Non-native Grass Seed 40 1) Plant between April 15 and September 10 41 Lbs. Common Name Botanical Name Purity Germination PLS/Acre (percent) (percent) 25 Bermuda(unhulled) Cynodon dactylon 85 90 75 Bermuda(hulled) Cynodon dactylon 95 90 42 43 2) Plant between September 10 and April 15 44 Lbs. Common Name Botanical Name Purity Germination PLS/Acre (percent) (percent) CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20,2012 329213-4 HYDR.OMULCHING,SEEDING AND SODDING 220 Rye Grass lolium multiflorum 85 90 75 Bermuda(unhulled) cynodon dacty,lon 95 90 1 2 c. Native Grass Seed 3 1) Plant between February 1 and October 1. 4 Lbs.PLS/Acre Common Name Botanical Name 1.6 Green Sprangletop Leptochloa dubia 5.5 Sideoats Grama* Bouteloua curtipendula 3.7 Little Bluestem* Schizachyrium scoparium 17.0 Buffalograss Buchloe dactyloides 1.8 Indian Grass* Sorghastrum nutans 0.5 Sand Lovegrass* Eragrostis trichodes 6.0 Big Bluestem Andropogon gerardii 8.0 Eastern Grama Tripscacum dactyloides 1.2 Blue Grama Bouteloua gracilis 1.8 Switchgrass Panicum virgatum 10.0 Prairie Wildrye* Elymus canadensis 5 6 d. Wildflower Seed 7 1) Plant between the following: 8 a) March 5 and May 31 9 b) September 1 and December 1 10 Lbs.PLS/Acre Common Name Botanical Name 3.0 Bush Sunflower Sinsia calva 5.0 Butterfly Weed Asclepias tuberosa 2.0 Clasping Coneflower* Rudbeckia amplexicaulis 3.0 Golden-Wave Coreopsis basalis 13.4 Illinois Bundleflower Desmanthus illinoensis 13.6 Partridge Pea Cassia fasciculata 2.0 Prairie Verbena Verbena bipinnatifida 8.0 Texas Yellow Star Lindheimeri texana 8.0 Winecup Callirhoe involcrata 2.0 Black-eyed Susan Rudbeckia hirta 18.0 Cutleaf Daisy Engelmannia pinnatifida 2.0 Obedient Plant Physostegia intermedia 3.0 Pitcher Sage Salvia azurea 2.0 Plains Coreopsis Coreopsis tinctoria 8.0 Scarlet Sage Salvia coccinea 11 *not to be planted within ten feet of a road or parking lit or within three feet of a 12 walkway 13 14 e. Temporary Erosion Control Seed 15 1) Consist of the sowing of cool season plant seeds. 16 3. Mulch 17 a. For use with conventional mechanical or hydraulic planting of seed. 18 b. Wood cellulose fiber produced from virgin wood or recycled paper-by-products 19 (waste products from paper mills or recycled newspaper). 20 c. No growth or germination inhibiting factors. 21 d. No more than ten percent moisture,air dry weight basis. 22 e. Additives:binder in powder form. CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20,2012 329213-5 HYDROMULCHING,SEEDING AND SODDING 1 f. Form a strong moisture retaining mat. 2 4. Fertilizer 3 a. Acceptable condition for distribution 4 b. Applied uniformly over the planted area 5 c. Analysis 6 1) 16-20-0 7 2) 16-8-8 8 d. Fertilizer rate: 9 1) Not required for wildflower seeding 10 2) Newly established seeding areas- 100 pounds of nitrogen per acre 11 3) Established seeding areas- 150 pounds of nitrogen per acre 12 5. Topsoil: See Section 32 91 19. 13 6. Water: clean and free of industrial wastes or other substances harmful to the 14 germination of the seed or to the growth of the vegetation. 15 7. Soil Retention Blanket 16 a. "Curlex P' from American Excelsior,900 Ave.H East,Post Office Box 5624, 17 Arlington,Texas 76001, 1-800-777-SOIL or approved equal. 18 19 2.3 ACCESSORIES [NOT USED] 20 2.4 SOURCE QUALITY CONTROL [NOT USED] 21 PART 3- EXECUTION [NOT USED] 22 3.1 INSTALLERS [NOT USED] 23 3.2 EXAMINATION [NOT USED] 24 3.3 PREPARATION 25 A. Surface Preparation: clear surface of all material including: 26 1. Stumps,stones,and other objects larger than one ineh. 27 2. Roots, brush,wire,stakes,etc. three (3) inches 28 3. Any objects that may interfere with seeding or maintenance. 29 B. Tilling 30 1. Compacted areas:till 1 inch deep 31 2. Areas sloped greater than 3:1:run a tractor parallel to slope to provide less 32 seed/water run-off 33 3. Areas near trees: Do not till deeper than 1/2 inch inside"drip line" of trees. 34 3.4 INSTALLATION 35 A. Block Sodding 36 1. General 37 a. Place sod between curb and walk and on terraces that is the same type grass as 38 adjacent grass or existing lawn. 39 b. Plant between the average last freeze date in the spring and 6 weeks prior to the 40 average first freeze in the fall. 41 2. Installation CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20,2012 329213-6 HYDROMULCHING,SEEDING AND SODDING 1 a. Plant sod specified after the area has been compl !ted to the lines and grades 2 shown on the Drawings with 6 inches of topsoil. 3 b. Use care to retain native soil on the roots of the sod during the process of 4 excavating,hauling and planting. 5 c. Keep sod material moist from the time it is dug until planted. 6 d. Place sod so that the entire area designated for sodding is covered. 7 e. Fill voids left in the solid sodding with additional sod and tamp. 8 f. Roll and tamp sod so that sod is in complete contact with topsoil at a uniform 9 slope. 10 g. Peg sod with wooden pegs(or wire staple)driven through the sod block to the 11 firm earth in areas that may slide due to the heigf it or slope of the surface or 12 nature of the soil. 13 3. Watering and Finishing 14 a. Furnish water as an ancillary cost to Contractor t y means of temporary 15 metering/irrigation,water truck or by any other method necessary to achieve 16 an acceptable stand of turf as defined in 3.13.13. 17 b. Thoroughly water sod immediately after planted. 18 c. Water until established. 19 d. Generally,an amount of water that is equal to the average amount of rainfall 20 plus 1/2 inch per week should be applied until accepted. If applicable,plant 21 large areas by irrigation zones to ensure areas are watered as soon as they are 22 planted. 23 B. Seeding 24 1. General 25 a. Seed only those areas indicated on the Drawings and areas disturbed by 26 construction. 27 b. Mark each area to be seeded in the field prior to seeding for City approval. 28 2. Broadcast Seeding 29 a. Broadcast seed in 2 directions at right angles to each other. 30 b. Harrow or rake lightly to cover seed. 31 c. Never cover seed with more soil than twice its diameter. 32 d. For wildflower plantings: 33 1) Scalp existing grasses to 1 inch 34 2) Remove grass clippings,so seed can make contact with the soil. 35 3. Mechanically Seeding(Drilling): 36 a. Uniformly distribute seed over the areas shown on the Drawings or as directed. 37 b. All varieties of seed and fertilizer may be distributed at the same time provided 38 that each component is uniformly applied at the specified rate. 39 c. Drill seed at a depth of 1/4 inch to 3/8 inch utilizing a pasture or rangeland type 40 drill. 41 d. Drill on the contour of slopes 42 e. After planting roll with a roller integral to the see a drill,or a corrugated roller 43 of the "Cultipacker"type. 44 f. Roll slope areas on the contour. 45 4. Hydromulching 46 a. Mixing:Seed,mulch,fertilizer and water may be mixed provided that: 47 1) Mixture is uniformly suspended to forma homogenous slurry. CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20,2012 329213-7 HYDROMULCHING,SEEDING AND SODDING 1 2) Mixture forms a blotter-like ground cover impregnated uniformly with 2 grass seed. 3 3) Mixture is applied within 30 minutes after placed in the equipment. 4 b. Placing 5 1) Uniformly distribute in the quantity specified over the areas shown on the 6 Drawings or as directed. 7 5. Fertilizing: uniformly apply fertilizer over seeded area. 8 6. Watering 9 a. Furnish water by means of temporary metering/irrigation,water truck or by 10 any other method necessary to achieve an acceptable stand of turf as defined in 11 3.13.B. 12 b. Water soil to a minimum depth of 4 inches within 48 hours of seeding. 13 c. Water as direct by the City at least twice daily for 14 days after seeding in such 14 a manner as to prevent washing of the slopes or dislodgement of the seed. 15 d. Water until final acceptance. 16 e. Generally,an amount of water that is equal to the average amount of rainfall 17 plus 1/2 inch per week should be applied until accepted. 18 3.5 REPAIR/RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES 25 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE 27 A. Block Sodding 28 1. Water and mow sod until completion and final acceptance of the Project or as 29 directed by the City. 30 2. Sod shall not be considered finally accepted until the sod has started to peg down 31 (roots growing into the soil)and is free from dead blocks of sod. 32 B. Seeding 33 1. Water and mow sod until completion and final acceptance of the Project or as 34 directed by the City. 35 2. Maintain the seeded area until each of the following is achieved: 36 a. Vegetation is evenly distributed 37 b. Vegetation is free from bare areas 38 3. Turf will be accepted once fully established. 39 a. Seeded area must have 100 percent growth to a height of 3 inches with 1 mow 40 cycle performed by the Contractor prior to consideration of acceptance by the 41 City. 42 C. Rejection CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20,2012 329213-8 HYDROMULCHING,SEEDING AND SODDING 1 1. City may reject block sod or seeded area on the basis,of weed populations. 2 3.14 ATTACHMENTS [NOT USED] 3 END OF SECTION 4 Revision Log DATE NAME SUMMARY OlP CHANGE 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20,2012