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Home My WebLink AboutContract 55654-A1CSC N o. 55654-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 55654 This Amendment is entered into by and between the City of Fort Worth (hereafter "City"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and Fort Worth Independent School District ("District"), Buyer and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on April 28, 2020, the Parties entered into City Secretary Contract 55654 to provide Interlocal Agreement for a Temporary Access Permit for Westcreek Park ("Agreement/Contract"); WHEREAS, the Parties wish to amend the Agreement to extend the License Period for thirty (30) consecutive calendar days. NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS License Period. The term of this Agreement will consist of one (1) license period of thirty (30) consecutive calendar days, commencing on execution of this amendment. The License Period is intended to cover the time period within which District will be performing construction at the Project and requires access to the Park for construction of soccer field and associated infrastructure, and parking lot resurfacing. 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. �FFICIAL RECORD CITY SECRETARY FT. VIlORTH, TX ACCEPTED AND AGREED: CITY OF FORT WORTH: j/ � /LJ-,, £ . -�1£, By: Valerie Washington (Jun 17, 202112:14 cl/ft) Date: Jun 17, 2021 Name: Valerie Washington Title: Assistant City Manager APPROVAL RECOMMENDED: By: Ric;hqrd Zqvq/q Richard Zavala (Jun 17, 20211 0:38 con Name: Richard Zavala Title: Director, Park & Recreation ATTEST: By: FWISD Name: Mary J. Kayser Title: City Secretary Name: VickiBurris Ti tie: Chief of Capital Improvement Program CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: � #kt?)£, Christina Moon (Jun 16, 202116:53 CDT) Name: Christina Moon Title: Park Planner APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney CSC No. 55654 INTERLOCAL AGREEMENT FOR A TEMPORARY ACCESS PERMIT FOR WESTCREEK PARK This Interlocal Agreement for a Temporary Access Permit For Westcreek Park ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home- rule municipal corporation organized under the laws of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Fort Worth Independent School District, a political subdivision of the State of Texas and a legally constituted independent school district ("District"), acting by and through its duly authorized representative. The following statements are true and correct and constitute the basis on which the City has executed the Agreement: A. This Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Local Government Code. B. The City owns a certain piece of property known as Westcreek Park, 6008 Jennie Drive, Fort Worth, Texas 76133, which is depicted in E�ibit A("Park"). C. District is currently in the process of construction at South Hills High School which is located adjacent to the Park. D. District wishes to construct a soccer field with lighting, irrigation, and sidewalks (the "Project"). E. City has reviewed District's request and agrees to grant District use of the designated portion(s) of the Park in accordance with the terms and conditions of this Agreement. F. This Agreement describes and sets forth District's use of temporary access and workspace of the Licensed Premises for purposes of constructing a soccer field and associated infrastructure. Each governing body, in performing government functions or in pay for the performance of governmental functions hereunder, will make that performance or those payments from current revenues legally available to that party. Agreement I. Licensed Premises Subject to the terms and conditions set forth in this Agreement 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 District during the License Period, as defined below, the use of a portion of the Park that is set forth and depicted in Exhibit B, which is attached hereto and incorporated herein for all purposes as though it were set forth at length ("Licensed Premises"). April 2021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 1 of 31 II. Term a. License Period. The term of this Agreement will consist of one (1) license period of thirty (30) consecutive calendax days, commencing on execution of this agreement ("License Period"). The License Period is intended to cover the time period within which District will be perfortning construction at the Project and requires access to the Park for constxuction of soccer field and associated infrastructure, and parking lot resurfacing. b. Extension of License Period. If District fails to complete all obligations hereunder in accordance with this Agreement on or before the expiration of the License Period, including, but not limited to, restoration of the Park as required by this Agreement and to City's satisfaction, as determined in City's sole discretion, then District agrees to automatically extend the License Period on a month-to-month basis until District has completed all obligations pursuant to this Agreement. c. The extension of the License Period will renew automatically each month until District receives notice from the City that all of its obligations under the Agreement have been completed, and City then agrees that District has complied with the terms of this Agreement. Notwithstanding anything to the contrary, the City may terminate the extended License Period at any time and for any reason upon five (5) days written notice to the District. d. Access. No use of or access to the Park or the Licensed Premises will be allowed outside of the designated License Period or applicable extension period. District's rights in and to the Licensed Premises hereunder will be strictly limited and willfully 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 District in and to the Licensed Premises will, automatically and without the need for any further documentation, fully and unconditionally terminate, whereupon District will have no right of entry or use of the Licensed Premises whatsoever. III. License Fee a. Contemporaneously with executing this Agreement, District will deliver to the offices of the City's Park & Recreation Department ("Department"), 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115, payment of a License Fee in the amount of Ten Dollars and No Cents ($10.00) as full and complete compensation for the rights and privileges granted under this Agreement. b. Consideration for any additional use of the Licensed Premises, as hereinafter defned, beyond the initial License Period will be in accordance with Section II. Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 2 of 31 If, during the License Period of this Agreement, the District performs any activities in the Park that are outside of the Licensed Premises, then the District will pay to the City a daily fee of $1.00 per square foot of additional Park used for such activity. This provision is not intended to expand the boundary of the Licensed Premises or the right of District to operate outside of the Licensed Premises but merely to assess a fee in the event that the District operates on City property outside of the Licensed Premises. If such fee is incurred by the District, then District will pay or cause the City to be paid such fee within thirty (30) calendar days after receiving a written invoice from the Director. IV. Accentance of Licensed Premises a. District 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. District accepts the Licensed Premises in their present condition, finds them suitable for the purposes intended, and further acknowledges that it 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. District accepts the Licensed Premises subject to any and all previously recorded or unrecorded easements and licenses that may have been granted on, along, over, under, or across said the Licensed Premises or the Park. District releases the City from any and all damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees, or trespassers by reason of the exercise of such rights or privileges granted in said easements. b. District's taking possession of the Licensed Premises will be conclusive evidence that: (a) the Licensed Premises are suitable for the purposes and uses for which same are licensed; and (b) District waives any and all defects in and to the Licensed Premises and all the appurtenances thereto. The Citv will not be liable to District its a�ents emplovees, contractors, subcontractors, invitees, licensees, or �uests for anv dama�e to anv person or nroAertv due to the acts or omissions of District its a�ents, emnlovees, contractors, or subcontractors unless such dama�e is caused bY the �ross ne�li�ence or willful misconduct of Citv or its a�ents, emnlovees, seuarate contractors, or subcontractors V. Use Not Exclusive This Agreement and all rights granted to District 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 District's use of the Licensed Premises as provided herein. This Agreement does not establish any priority for the use of the Park or the Licensed Premises by District or by any present or future licensees or other agreement holders. In the event of any dispute as to the priority of use of the Park or the Licensed Premises, the Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Pazk Page 3 of 31 iirst priority will 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 agreement 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. VI. Limitations on Use a. Access through the Licensed Premises is allowed only between 7:00 A.Iv1. and 6:00 P.1vt. Monday through Friday, unless otherwise approved, in writing, by the Director. District will take reasonable measures to ensure the Licensed Premises is accessed only by individuals authorized by District, including ensuring the Licensed Premises is not accessed by children under the age 18, who may be unaccompanied by a parent or legal guardian b. The District will schedule a pre-construction meeting with staff in the Park & Recreation Department at least one (1) business days prior to accessing the Licensed Premises. The pre-construction meeting will be for purposes of outlining District's plans and schedules regarding: (i) mobilization and access to the Licensed Premises, (ii) minimizing impact on vegetation and the Park, in general, and (iii) restoration of all affected parkland and amenities. c. All District equipment and materials will be placed and maintained solely within the confines of the Licensed Premises. District understands and acknowledges that the Licensed Premises is to be used solely for staging and parking to assist District with the Project. Use of any portion of the Park outside of the Licensed Premises will not be permitted. d. District will install a temporary access entrance, which will include, without limitation, fencing that surrounds the Licensed Premises. The temporary construction entrance and the fencing must be inspected and approved by the Director prior to the District being permitted access on the Licensed Premises. e. District will be responsible for sweeping and cleaning the adjacent roadway and keeping it free of debris so that Park users have free and unobstructed access to the Park and the roadway remains free of hazardous debris or material VII. Public Safetv a. District will be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with District's use of the Licensed Premises and the Park. b. In addition, District will provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of traffic control devices will be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. District will also take all necessary precautions and will Apri12021 Temparary Access Agreement with Fort Worth ISD for Westcreek Park Page 4 of 31 CSC No. 55654 INTERLOCAL AGREEMENT FOR A TEMPORARY ACCESS PERMIT FOR WESTCREEK PARK This Interlocal Agreement for a Temporary Access Permit For Westcreek Park ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home- rule municipal corporation organized under the laws of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Fort Worth Independent School District, a political subdivision of the State of Texas and a legally constituted independent school district ("District"), acting by and through its duly authorized representative. The following statements are true and correct and constitute the basis on which the City has executed the Agreement: A. This Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Local Government Code. B. The City owns a certain piece of property known as Westcreek Park, 6008 Jennie Drive, Fort Worth, Texas 76133, which is depicted in E�ibit A("Park"). C. District is currently in the process of construction at South Hills High School which is located adjacent to the Park. D. District wishes to construct a soccer field with lighting, irrigation, and sidewalks (the "Project"). E. City has reviewed District's request and agrees to grant District use of the designated portion(s) of the Park in accordance with the terms and conditions of this Agreement. F. This Agreement describes and sets forth District's use of temporary access and workspace of the Licensed Premises for purposes of constructing a soccer field and associated infrastructure. Each governing body, in performing government functions or in pay for the performance of governmental functions hereunder, will make that performance or those payments from current revenues legally available to that party. Agreement I. Licensed Premises Subject to the terms and conditions set forth in this Agreement 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 District during the License Period, as defined below, the use of a portion of the Park that is set forth and depicted in Exhibit B, which is attached hereto and incorporated herein for all purposes as though it were set forth at length ("Licensed Premises"). Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 1 of 31 II. Term a. License Period. The term of this Agreement will consist of one (1) license period of thirty (30) consecutive calendar days, commencing on execution of this agreement ("License Period"). The License Period is intended to cover the time period within which District will be performing construction at the Project and requires access to the Park for construction of soccer field and associated infrastructure, and parking lot resurfacing. b. Extension of License Period. If District fails to complete all obligations hereunder in accordance with this Agreement on or before the expiration of the License Period, including, but not limited to, restoration of the Park as required by this Agreement and to City's satisfaction, as determined in City's sole discretion, then District agrees to automatically extend the License Period on a month-to-month basis until District has completed all obligations pursuant to this Agreement. c. The extension of the License Period will renew automatically each month until District receives notice from the City that all of its obligations under the Agreement have been completed, and City then agrees that District has complied with the terms of this Agreement. Notwithstanding anything to the contrary, the City may terminate the extended License Period at any time and for any reason upon five (5) days written notice to the District. d. Access. No use of or access to the Park or the Licensed Premises will be allowed outside of the designated License Period or applicable extension period. District's rights in and to the Licensed Premises hereunder will be strictly limited and willfully 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 District in and to the Licensed Premises will, automatically and without the need for any further documentation, fully and unconditionally terminate, whereupon District will have no right of entry or use of the Licensed Premises whatsoever. III. License Fee a. Contemporaneously with executing this Agreement, District will deliver to the offices of the City's Park & Recreation Department ("Department"); 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115, payment of a License Fee in the amount of Ten Dollars and No Cents ($10.00) as full and complete compensation for the rights and privileges granted under this Agreement. b. Consideration for any additional use of the Licensed Premises, as hereinafter defined, beyond the initial License Period will be in accordance with Section II. Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 2 of 31 c. If, during the License Period of this Agreement, the District performs any activities in the Park that are outside of the Licensed Premises, then the District will pay to the City a daily fee of $1.00 per square foot of additional Paxk used for such activity. This provision is not intended to expand the boundary of the Licensed Premises or the right of District to operate outside of the Licensed Premises but merely to assess a fee in the event that the District operates on City property outside of the Licensed Premises. If such fee is incurred by the District, then District will pay or cause the City to be paid such fee within thirly (30) calendar days after receiving a written invoice from the Director. IV. Acceptance of Licensed Premises a. District ta.kes 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. District accepts the Licensed Premises in their present condition, finds them suitable for the purposes intended, and further acknowledges that it 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. District accepts the Licensed Premises subject to any and all previously recorded or unrecorded easements and licenses that may have been granted on, along, over, under, or across said the Licensed Premises or the Park. District releases the City from any and all damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees, or trespassers by reason of the exercise of such rights or privileges granted in said easements. b. District's taking possession of the Licensed Premises will be conclusive evidence that: (a) the Licensed Premises are suitable for the purposes and uses for which same are licensed; and (b) District waives any and all defects in and to the Licensed Premises and all the appurtenances thereto. The Citv will not be liable to District its a�ents emplovees, contractors subcontractors, invitees licensees or �uests for anv dama�e to anv nerson or nronertv due to the acts or omissions of District, its a�ents, emnlovees, contractors or subcontractors, unless such dama�e is caused bv the �ross ne�l«ence or willful misconduct of Citv or its a�ents, emnlovees, senarate contractors, or subcontractors V. Use Not Exclusive This Agreement and all rights granted to District 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 District's use of the Licensed Premises as provided herein. This Agreement does not establish any priority for the use of the Park or the Licensed Premises by District or by any present or future licensees or other agreement holders. In the event of any dispute as to the priority of use of the Park or the Licensed Premises, the Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 3 of 31 first priority will 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 agreement 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. VI. Limitations on Use a. Access through the Licensed Premises is allowed only between 7:00 A.Iv1. and 6:00 P.M. Monday through Friday, unless otherwise approved, in writing, by the Director. District will take reasonable measures to ensure the Licensed Premises is accessed only by individuals authorized by District, including ensuring the Licensed Premises is not accessed by children under the age 18, who may be unaccompanied by a parent or legal guardian b. The District will schedule a pre-construction meeting with staff in the Park & Recreation Department at least one (1) business days prior to accessing the Licensed Premises. The pre-construction meeting will be for purposes of outlining District's plans and schedules regarding: (i) mobilization and access to the Licensed Premises, (ii) minimizing impact on vegetation and the Park, in general, and (iii) restoration of all affected parkland and amenities. c. All District equipment and materials will be placed and maintained solely within the confines of the Licensed Premises. District understands and acknowledges that the Licensed Premises is to be used solely for staging and parking to assist District with the Project. Use of any portion of the Park outside of the Licensed Premises will not be permitted. d. District will install a temporary access entrance, which will include, without limitation, fencing that surrounds the Licensed Premises. The temporary construction entrance and the fencing must be inspected and apprqved by the Director prior to the District being permitted access on the Licensed Premises. e. District will be responsible for sweeping and cleaning the adjacent roadway and keeping it free of debris so that Park users have free and unobstructed access to the Park and the roadway remains free of hazardous debris or material VII. Public Safetv a. District will be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with District's use of the Licensed Premises and the Park. b. In addition, District will provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of traffic control devices will be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. District will also take all necessary precautions and will Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 4 of 31 provide all necessary protection to prevent damage, injury, or loss to (a) all persons accessing portions of the Licensed Premises on which any construction, staging, or parking is being performed by or on behalf of District; (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 District, or District'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. VIII. Forei�n Material a. For purposes of this section, the term "Foreign Material" means any material, substance, chemical, waste, contaminant, emission, discharge, or pollutant regulated by any federal, state, or local law for the purpose of protection of health, safety, or the environment, including, but not limited to, petroleum, petroleum products, and waste products associated with petroleum production. b. District will not excavate, drill, dig, or allow any significant erosion of the Licensed Premises, except as allowed by the Director, in writing, in that person's sole discretion. d. Except as otherwise provided in this Section, District will not knowingly cause or permit any Foreign Material to be released, brought, stored, or produced on or in the Licensed Premises or City property in connection with District's operations under this Agreement; provided, however, that District will be authorized, to store, handle, and use materials that are reasonably necessary for the uses set forth herein so long as (i) such materials are properly stored, handled, or used in accordance with all applicable laws and the terms of this Agreement; and (ii) District maintains Material Safety Data Sheets on-site when such chemicals are present and provides that information to the City on request. District will take all actions necessary to stop the release or presence of Foreign Material in connection with District's operations. Any waste produced from District operations will be the full responsibility of the District to cleanup, handle, store, transport and dispose. As part of the consideration for this Agreement, District waives any claim that this Agreement in any way confers generator status on the City for waste produced from District's operations. If, during the course of its operations on the Licensed Premises, District encounters material that District knows, suspects, or has reason to believe constitutes Foreign Material, District will immediately cease all activity, secure any material already at the surface and limit disturbance of any buried material in the vicinity of the suspected Foreign Material. f. District will notify the City in accordance with the Notice section of this Agreement of any release from District operations and the presence or release of suspected Foreign Material or Foreign Material. NOTIFICATION MUST OCCLTR WITHIN ONE HOUR AFTER INITIAL RELEASE OR DISCOVERY. Apri12021 Teinporary Access Agreement with Fort Worth ISD for Westcreek Park Page 5 of 31 g. As part of the consideration for the license under this Agreement, District will be responsible for the cost and expense necessary to perform its operations under this Agreement in accordance with any federal, state or local laws regulating the environment as well as other applicable regulations. District will be fully responsible for testing, storing, removing, loading, transporting, and disposing of Foreign Material and suspected Foreign Material encountered during License Period, in accordance with any federal, state or local laws. h. Any environmental assessment, cleanup, removal or disposal action will be in accordance standards set forth by the City's Environmental Management Division, in its sole discretion and determination and at District's sole expense. Prior to District doing any restoration work, the Director is to be contacted to inspect the surface of the Park to ensure that the surface of the Park is free of any material or debris deemed hazardous. Any subsurface area deemed to present a matter of public health and safety as determined by the City must be restored and promptly filled with clean fill dirt up to the level of the surrounding ground. Clean dirt will be deiined a material provided that will be certified by a District as clean and free of Foreign Material, and in compliance with federal, state, and local laws, regulations, and ordinances. Such certifications will be provided to the City prior to delivery and delivery tickets will be provided to the City certifying the delivery of such material to site. j. District will be responsible for any restoration or remediation of the Licensed Premises that is caused or contributed to by its negligence or by a breach of this Agreement. IX. Documentin Condition of Licensed Premises District must provide the Director with videographic documentation of the condition of the Licensed Premises as they exist both before and after the use permitted herein. All such video must include a visible date and time stamp indicating when the videography occurred. District must submit documentation of the pre-installation condition prior to commencing any 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. X. Minimizin� Imnact on Vegetation a. District will not cut or remove any trees on the Licensed Premises. Prior to beginning any construction or Permitted Use, District will install perimeter construction fencing in accordance with any preconstruction plans agreed to by the Director. To the extent that any trees exist in the Licensed Premises, District will install chain link fencing on the outside drip line of trees and other vegetation specifically identiiied by the Director at a pre-construction meeting and as outlined in accordance with Exhibit C, which is attached hereto and incorporated herein for all purposes. District will notify the Director once the perimeter fencing and tree protection measures have been installed April 2021 Temporary Access Agreement with Fort Worth ISD for Westcreek Pazk Page 6 of 31 and allow the Director an opportunity to inspect the work before access is permitted. The City will have at least two (2) business days following the date on which notice is received to conduct its inspection. District may begin construction on or after the third business day following the date on which it provided notice to the Director unless the Director contacts District and identifies specific issues that render the perimeter fencing or tree protection measures unacceptable. b. District will ensure that tree protection fencing remains in place throughout the License Period or any extended License Period. At no time will any tree be damaged or removed. If any tree within the Park or Licensed Premises is damaged in connection with District's operations, District 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 will remain in place until such time as the Licensed Premises are restored pursuant to the terms of this Agreement. XI. Minimizin� Imnact on Utilities and Pinelines a. Prior to using the Licensed Premise for access, District will use its best efforts to locate and physically mark all utilities and pipelines (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, and gas lines) within the Licensed Premises, which may include but not be limited to, conducting a dig test. With regard to all known water and electric utilities, the Director will work with District to locate and physically mark all such utilities within the Licensed Premises. b. If the District encounters any utility infrastructure (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, or gas lines) or pipelines in the course of or in connection with District's use of the Licensed Premises, the District covenants and agrees to cease its operations immediately and install protective matting over or around such utilities in compliance with specifications approved by the City's Water Department or Transportation and Public Works Department or by the Director. Following installation of the matting, District will contact the Director to arrange for inspection and approval by appropriate City personnel. c. District will 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 Deparhnent and prior to mobilization of its operations on the Park. District may begin accessing the Licensed Premises after the date on which it provided the inspection report and specifications to the Director unless the Director contacts District and identifies specific issues that render the measures unacceptable. XII. Restoration of ImArovements To the extent any road, curb, gutter, irrigation system, utility line, barricade, fence, or other improvement is destroyed, removed, or altered in connection with District's activities under this Agreement, as determined in the sole reasonable discretion of the Director, District will reconstruct and restore 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 Apri12021 Teinporary Access Agreement with Fort Worth ISD for Westcreek Pazk Page 7 of 31 of the date this Agreement is fully executed, as evidenced by the pre-installation video required under Section IX of this Agreement. Any restoration required under this section must be completed by District and inspected and approved by the Director prior to the expiration of the License Period or the License Period will be extended per Section I. XIII. Gradin and Restoration of Surface of Licensed Premises a. District will conduct a survey of the grade of the Licensed Premises and will be responsible for ensuring that the fnal grade of parkland is returned to pre-existing conditions or as shown on construction documents approved by City. All grading work will be subject to review and approval by the Director. b. District will complete its construction in accordance with the City approved plans, as applicable. However, to the extent any portion of the surface of the Licensed Premises is damaged or disturbed in connection with District's activities under this Agreement, as determined by the Director in his sole reasonable discretion, District will restore the surface of the Licensed Premises by: (i) removing any and all equipment, debris, asphalt, concrete, rock, or other material added to the surface of the Licensed Premises; (ii) after District removes the material pursuant to section (i) above, District will decompact and aerate existing soil, add minimum of 6" of approved topsoil, to support the established grade and new Bermuda TIF sod required by section (iv) below and Exhibit E; (iii) aerating the soil using a heave-action aerator with six-to-eight inch tines to address coinpaction; (iv) sod with hybrid Bermuda grass in accordance with the seeding specifications outlined in the attached E�ibit E; and (v) watering the sodded areas with temporary irrigation, as reasonably needed, until the replacement vegetation is reasonably established and has been approved and accepted by the Director. There will be no substitution of planting materials without the prior written approval of the Director. Prior to planting, District will provide the Director with documentation certifying the type and quality of the materials to be planted. The Director may, in the exercise of the Director's sole discretion, reject any plant material that does not meet the requirements of this section or Exhibit E or is otherwise unacceptable for one or more specific, clearly identiiied reasons. Any restoration required under this section must be completed by District in compliance with the speciiications set forth in this section and the attached exhibits and inspected and approved by the Director, which approval will not be unreasonably withheld, prior to the expiration of the License Period or the License Period will be extended per Section IL XIV. Discretionary Limited Access to Care for and Establish Ve�etation a. District may request limited access to the Licensed Premises to water, care for, and establish replacement vegetation required under Section XIII ("Limited Access"). A request for Limited Access must be made in writing and delivered to the Director at least ten days prior to the expiration of the License Period or extended License Period. Replacement vegetation must be in place at the time the request is made. Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 8 of 31 b. Director may, in its reasonable discretion, authorize Limited Access for a period not to exceed two weeks from the expiration of the License Period or extended License Period. During the Limited Access period, no District 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. District's use of the Licensed Premises under Limited Access in accordance with this Section will not invoke any additional extended License Period beyond that which already exists at the time that Limited Access is granted. XV. Liabilitv; Indemnification. a. District 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 District, its agents, employees or representatives, including, but not limited to, all damage or injury to standing or fallen timber, buildings, fences, equipment, pipelines, utilities, and all other property, whether real or personal. b. SUSJECT TO THE LIMITATIONS OF TEXAS LAW, DISTRICT COVENANTS AND AGREES TO AND DOES HEREBY INDENINIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS, SERVANTS, REPRESENTATIVES, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, PROPERTY LOSS OR DAMAGE AND PERSONAL INJURY TO ANY AND ALL PERSONS (INCLUDING, BUT NOT LIMITED TO, DEATH), OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF ANY ACT OR OMISSION OF DISTRICT, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, OR LICENSEES. DISTRICT LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURIES, DAMAGE, LOSS, OR DESTRUCTION TO PROPERTY OF CITY DURING THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. HOWEVER, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH WILL NOT EXTEND TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND, IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH DISTRICT AND THE CITY, RESPONSIBILITY AND LIABILITY, IF ANY, WILL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN WILL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMU1vITY AS FURTHER PROVIDED SY THE LAWS OF THE STATE OF TEXAS. c. Environmental Indemnification. SUBJECT TO THE LINIITATIONS OF TEXAS LAW, DISTRICT DOES HEREBY RELEASE, INDEMNIFY, DEFEND, Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 9 of 31 REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM DISTRICT'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF DISTRICT, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF DISTRICT, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. For purposes of the environmental indemnification, the words and phrases will be defined as follows: Environmental Damages will mean all claims, judgments, damages, losses, penalties, iines, liabilities (including strict liability), encumbrances, liens costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of the existence of a violation of environmental requirements pertaining to work performed under this contract or by the operations of the District and its subcontractors, and including without limitation: (a) Damages for personal injury and death, or injury to property or natural resources; (b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and investigation or remediation of the monitoring wells or any violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such monitoring wells or violations or environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 10 of 31 (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. II. Environmental Requirements will mean all applicable present and future statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (a) All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and (b) All requirements pertaining to the protection of the health and safety of employees or the public. d. District covenants and agrees that City will in no way or under any circumstances be responsible for any property belonging to District, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers that may be stolen, destroyed, or in any way damaged, and DISTRICT, SUBJECT TO THE LIMITATIONS OF TEXAS LAW, HEREBY INDEMNIFIES AND HOLDS HARMT.ESS 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 District, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the Licensed Premises. e. District agrees that City will not be liable for any loss, injury or damage whatsoever suffered or incurred by District or District's agents, employees or representatives while on the Licensed Premises. f. All of the obligations set forth above are subject to the limita,tions of relevant state law and subject to any defenses or immunities District may possess. XVI. INSURANCE Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Pazk Page 11 of 31 a. Dutv to Acquire and Maintain i. District will cause its contractor to procure and maintain at all times, in full force and effect, a policy or policies of insurance 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 Licensed Premises. The insurance required hereunder may be met by a combination of self-insurance and primary and excess policies. District will provide proof of all requirements stated herein to the City prior to beginning any work pursuant to this Agreement. b. Tvpes and Amounts of Covera�e Required i. Commercial General Liabilitv: I. $2,000,000.00 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 ' :� i:, ,:,...; �.�iT.T.n.i�T. - —=-- - ii. Umbrella Policv I. $10,000,000.00 - � = - —'' -- � ... . �. .. - . � � . ... .. iv. Automobile Liabilitv: 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 Agreement v. Worker's Comnensation: $1,000,000.00 per accident vi. Emplover's Liabilitv: Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 12 of 31 I. $1,000,000.00 per accident c. Revisions to Repuired Covera�e i. 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 Agreement. District agrees that within thirty (30) days of receipt of written notice from the City, District will implement all such revisions requested by the City. Policies will not have exclusions that nullify or alter the required lines of coverage, or decrease the limits, of said coverages required by this Agreement, unless such endorsements are approved in writing by the City. The policy or policies of insurance will be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non-renewal, or amendment, will be made without thirty (30) days' prior written notice to the City. d. Underwriters and Certificates i. District will 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 tenns of solvency and financial strength. Within ten (10) business days following execution of this Agreement, District will 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, District will, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. e. Deductibles i. Deductible or self-insured retention limits on any line of coverage required herein will 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. f. Waiver of Subro�ation i. District will require any of its contractors' worker's compensation policies to contain a waiver of subrogation endarsement in favor of the City. g. No Limitation of Liabilitv i. 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 Agreement will in no way be construed or affected to limit or in any way affect District liability to the City or other persons as provided by this Agreement or law. XVII. Prohibition A�ainst Liens Apri12021 Teinporary Access Agreement with Fort Worth ISD for Westcreek Park Page 13 of 31 District will 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 will be void. Should any purported lien on the Licensed Premises be created or filed, District will, at its sole expense, liquidate and discharge same within ten (10) business days after notice from the City to do so XVIII. Notices All notices required or permitted under this Agreement will 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: Director Parks and Recreation Department City of Fort Worth 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 To DISTRICT: Fort Worth ISD Attn: Vicki Burris Title Chief Officer of Capital Improvement Program 100 N University Drive Fort Worth, Texas 76107 With a copy to: Department of Law Ciiy of Fort Worth Attn: City Attorney 200 Texas St Fort Worth, Texas 76102 XIX. Independent Contractor It is expressly understood and agreed that District will operate as an independent entity in each and every respect hereunder and not as an agent, representative, or employee of the City. District will have the exclusive control and the exclusive right to control all details and day-to-day operations and activities relative to operation of District and this Agreement and will be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. District acknowledges that the doctrine of respondeat superior will not apply as between the City and District, its officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees. Nothing contained in this Agreement will be construed as the creation of a partnership or joint enterprise between the City and District. Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 14 of 31 XX. Prohibition A�ainst Assignment District may not sell, assign, or otherwise transfer any of its rights or obligations under this Agreement without the prior, written consent of the City. Any such attempted assignment without the City's consent will be void. XXI. Comqliance with Laws and Re�ulations a. In operating under this Agreement, District 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, Environmental, Transportation and Public Works, Water, and Health Departments. b. District will not knowingly do or suffer to be done anything on said Licensed Premises during the terms of this Agreement in violation of the laws, statutes, ordinances, rules, regulations, charter provisions, directives or requirements referenced in this Agreement. If the City calls the attention of District to any such violation on the part of said District or any person employed by or admitted to said Licensed Premises by District, District will immediately (or otherwise as soon as reasonably possible) desist from and correct such violation and/or vacate the Licensed Premises. XXII. Taxes District acknowledges and agrees that it will 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 Agreement. XXIII. Force Maieure; Homeland Securitv If either party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; pandemics; public health crises; earthquakes; fires; floods; restraints orprohibitions by 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 pariy'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 Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 15 of 31 community centers, parks, or other City-owned and operated properties and facilities, including the Licensed Premises, in the interest of public safety and operate them as the City sees fit. XXIV. Headin�s The section headings contained herein axe solely for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. XXV. Choice of Law; Venue This Agreement will 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 Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. XXVI. Governmental Powers It is understood and agreed that by execution of this Agreement, the City and District do not waive or surrender any of their governmental powers or immunities. XXVII. Authorization By executing this Agreement, District's agent affirms that he or she is authorized by District to execute this Agreement and that all representations made herein with regard to District identity, address and legal status (corporation, partnership, individual, etc.) are true and correct. XXVIII. Entiretv of A�reement This instrument (including all attachments, schedules, and exhibits attached hereto) constitutes the entire understanding and agreement of the City and District 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 Agreement. This Agreement will not be amended unless agreed to in writing by both parties. [SIGNATURE PAGE FOLLOWS] Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 16 of 31 By executing this Agreement, District agrees to and accepts the terms, conditions and provision contained herein. [Executed effective as of the date signed by the Assistant City Manager below.] /[ACCEPTED AND AGREED:] City: !/aG2�i� warG�i�r�to�r By; ValerieWashington(Apr28,2 118:02CDT) Name: Valerie Washington Title: Assistant City Manager District: By: ��;� .� ��,.,� Name: Vicki Burris Title: Chief Officer of CIP Date: Apr 28, 2021 Date: Apr 26, 2021 CITY OF FORT WORTH 1NTERNAL ROUTING PROCESS: Approval Recommended: By: Richard Zavala (Apr 28 117:43 CDT) Name: Richard Zavala Title: Park & Recreation Director Approved as to Form and Legality: By: ��•�~— NaTTle: Taylor Paris Title: Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. �`/,f�/l7Gl /1�%0`! B ChristinaMoon(Apr26,202114:14CDT) Y� Name: Christina Moon Title: Park Planner City Secretary: By: ��U �� 1/ Name: Mary Kayser Title: City Secretary Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 17 of 31 EXHIBIT A SITE LOCATION - = PRESMISES Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 18 of 31 EXHIBIT S USE OF LICENSED PRENIISES � � a p'. - ' ' � � . �k§�� T:�� '7x �� a' L" w � tl`� e oY , ^ � �.� a u • of�.Y� i .,..Zm � A .:�>I � i ' a,.= i.. s.o"�; 'a S IS 6 ° . � 2a �� a _ �� . � ;F� � . —9.�" .{+� � '� g �' � 3 i ,. 3 � ��1$� �� S -} 3� : e T �#�� Y a�. �� A Z- � 4�66�8 _ aS: u�.a."�ia � � E .._ J. — � .�.w� � .. _> ` �� `9 � (:":.1 � � � � I� r ,� :. p ` .y.' � 3 ��Fg�� °b iY .� � a �� r �1;' � ;� !;1y'. 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' �•` . . . _ , , � � k � , , � . ..... ..� , . . i >� . �. �; 4 �_ /� � -" � . .. . _... . ,.. . � .._ , �.. �.. , _.;. . . � �.. � � . ` �.., . . .. _,.. - .. , � — : .. . .- . �_' J`— ," . __ April 2021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 24 of 31 �y � EXHIBIT C TREE PROTECTION �� .�� Q� � �� eo � � Y � � � �j.�{ l J � a � y �d 7G C? y � C'� � Q � �7 � � � I�rt r �' � r � � ''� �' � � �' z .3 � O t/� O O z iJo �� R� � � r � Cu � `' G � n � -: 5- r.y c'u _ �• .� � n' :3 r � �� _ y � � � G � � O � �JC .� 0 Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 25 of 31 April 2021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 26 of 31 EXHIBIT D DAMAGE TO CITY TREES NO PRUNING OF ANY CITY TREE WILL BE PERMITTED, UNLESS SPECIFIED OTHERWISE IN THESE SPECIFICATIONS. Severe damage to trees will result in replacement or compensation of trees by the DISTRICT. Failure to replace damaged trees will be considered a breach of contract and DISTRICT will be assessed for damages. Slight or moderate damage to trees will result in assessment of damages. ASSESSMENT OF DAMAGES TO TREES 1.1. District 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. 13. A check of all trees may be made at the end of the License Period. The City Forester, Director, and District will attend the inspection. 1.4. Damages will be documented by memo to the City Forester with copy to contract file and the Contractor. 1.5. District may have the option of replacement or payment for severely damaged trees at a location to be designated by PACS. Replacement will be made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2" in caliper for trees damaged or reinoved less than 30" diaineter at breast height (DBI� and 2" per inch on trees 30" DBH or greater. District will be responsible for any planting, watering, mulching and maintenance of replacement trees for a period of not less than 2 years. District will 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 will 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 %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 will 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), ar disposing of paint or concrete within the CRZ but not closer to the trunk than 50% radius of the CRZ. Slight damage to trees will 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 C�, will be considered one instance. 1.7. Moderate damage will 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 Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Pazk Page 27 of 31 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 will 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 will be calculated at a rate of 1/2 the assessed value of the tree per each instance of damage. 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 will 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 will 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 will also be considered severe damage. 1.9. Branches will 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 will be measured according to accepted industry standards. Trees greater than 6" in caliper will be measured using DBH. Trees that must be removed due to damage caused by District will be removed by the Parks and Community Services Department's Forestry Section Tree Removal Contractor at District's expense. 1.10 All damages will be paid to the City Tree Fund. Failure to replace or pay for damaged trees will result in a breach of contract and District will be automatically assessed damages. Damages as described herein will be deducted from payments otherwise due to District. 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. Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 28 of 31 EXHIBIT E RESTORATION STANDARDS SECTION 32 92 13.2 SODDING PART1- GENERAL 1.1 ST.TNIlVIARY A.Section Includes: 1. Furnisluing and installing grass sod. B.Related Standard City Specif'ication Sections include, but are not necessarily limited to: 1. Section 32 91 19 — Topsoil 2. Section 32 84 23 - Irriga�ion 1.6 INFORMATIONAL SUBMITTAL� A. Certificates and Samples 1. Certificates and specifications of sod, fertilizer, compost, soil amendments or other materials as requested by the City. 1.10 DELIVERY, STORAGE, AND HANDLING A.Block Sod 1. Protect from exposure to wind, sun and freezing. 2. Keep stacked sod moist consistently throughout stack. 3. Sod upon delivexy shall be inspected by City provision of certificate from vender to be provided to City indicating sod free of all weeds. 4. Haivesting and planting operations shall be coordinated with not more than forty- eight hours elapsing between harvesting and placement, rolling and tamping, and watering of sod 1.11 FIELD [SITE] CONDTTIONS A. Grading of site and installation of topsoil must be approved by City prior to application of sod PART 2 - PRODUCTS 2.1 MATERIALS AND EQUIPMENT A.Materials 1. Block Sod a. Sod Varieties 1) Cynodon dactylon `TIE'419' or Cynodon dactylon `TIFWAY' 2) �R an approved Zoysia grass b. Sod must contain stolons, leaf blades, rhizomes and roots. c. Sod shall be alive, healthy and free of insects, disease, stones, undesirable foreign materials and weeds and grasses deleterious to its growth or which might a$'ect its subsistence or hardiness when transplanted. d. Minimum sod thickness: 1" inch minimum. e. Maximum grass height: 2 inches f. Sod sha11 have been produced on growing beds of clay or clay loam topsoil. Apri12021 Temporary Access Agreement with Fort Worth ISD for Westcreek Pazk Page 29 of 31 RESTORATION-SOD Page 2 of 3 g. Sod must not be harvested or planted when its moisture condition is so excessively wet or dry that its survival will be affected. h. If sod is stacked, it shall be kept moist and sha11 be stacked roots to roots and grass to grass. i. Acceptable growing beds 1) Bermuda grasses and zoysia grasses: sand or sandy loam soils j. Broken or torn sod or sod with uneven ends shall be rejected. k. Temporary Erosion Conirol Seed 1) Consist of the sowing of cool season plant sod. 2. Topsoil: See Section 32 91 19. 3. Water: clean and free of industrial wastes or other substances hamiful to the germination of the seed or to the growth of the vegetation. 2.2 ACCESSORIES a. Sod pins 1) Metal 2) Wood pegs. PART 3 - EXECUTION 3.1 EXAMINATION A.Sod shall be inspected by City upon delivery. B. Contractor must coordinate inspection 72 hours prior to cutting of sod and delivery 3.3 PREPARATION A.Surface Preparation: clear surface of a11 material including: 1. Scarify subgrade to a depth of 2-inches before depositing the required topsoil. For simple row repair only scarify to 1-inch. 2. Stumps, stones, and other objects larger than one inch. 3. Roots, brush, wire, stalces, etc. 4. Any objects that may interfere with planting sod or maintenance. B.Cleaning 1. Soil shall be further prepared by the removal of debris, building materials, rubbish, weeds, and rock 1-inch and geater. C.Fine Crrading: 1. After tillage and clearing, all areas to be planted shall be le�eled, fine graded, and a weighted spike and harrow or float drag. The required shall be the elimination of ruts, depressions, humps, and objectionable soil clods. This shall be the final soil preparation step to be completed prior to inspection before planting. 2. Areas near trees: Do not till inside dripline oftrees or over exposed roots 3.4 INSTALLATI�N A. Block Sodding 1. General a. Do not lay sod when ground is frozen. b. Over-seeding with annual rye is acceptable frorn November 1 until February 1. RESTORATION-SOD Page3 of3 B. Installation 1. Plant sod specified after the area has been inspected and accepted by City for planling. 2. Till 2" of suUgrade and place 3" of topsail on areas to receive sod or as directed by City. 3. Sod to be laid parallel to the contours in areas as specified. Sod to be laid perpendicular to slopes greater than 3:1. 4. Use care to retain native soil on the roots of the sod during the process of excavating, hauling and planting. 5. Keep sod material moist from the time it is dug until planted. 6. Fill in slumped areas due to watering to keep sod moist. 7. Place sod so that the entire area designated for sodding is covered with no gaps or overlapping material. 8. Fill voids left in the solid sodding with additional sod and tamp. 9. Roll and tamp sod so that sod is in complete contact with topsoil at a uniform slope. By pedestrian mechanical pracess (no motorized vehicles / equipment) lO.Peg sod with wooden pegs (or wire staple) driven through the sod block to the firm earth in areas that may slide due to the height or slope of the surface or nature of the soil. C. Watering and Finishing 1. Thorougtily water sod immediately after plaoed and tamped and rolled. 2. Generally, as recommended by the vendor. Water source shall be clean and free of industrial waste or other substances harnzful to the gernunation of the seed or growth of the vegetation. END OF SECTION April 2021 Temporary Access Agreement with Fort Worth ISD for Westcreek Park Page 31 of 31