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HomeMy WebLinkAboutContract 46707 CITY SEcRuARY O (*TFKCT IO.. INTERLOCAL AGREEMENT FOR CHADWICK FARMS PARK This Interlocal Agreement for Chadwick Park ("Agreement") is made and entered into by and between the City of Fort Worth (hereinafter referred to as "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 Trinity River Authority of Texas (hereinafter referred to as "TRA"), a conservation and reclamation district and political subdivision of the State of Texas, created by and functioning under TEx. REV. CIV. STAT. ANN. Art. 8280-188, and acting pursuant to the powers granted by that article and general law, by and through its duly authorized General Manager. The following statements are true and correct and constitute the basis upon which the City and the Authority 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. TRA currently has plans to reconstruct a major sanitary sewer line through the City of Fort Worth ("Project"), which is a project that is anticipated to take several months to complete. C. The City owns a certain piece of property known as Chadwick Farms Park, located at 15700 Cleveland-Gibbs Road, Fort Worth, Denton County, Texas 76262, and more accurately depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes ("Park"). D. TRA owns a Substitution Easement and Right-of-Way ("Easement") through the Park which authorizes it to construct sanitary sewer lines within the confines of the Easement, and which permits TRA the right of reasonable ingress and egress across the adjacent Park property for purposes of constructing and maintaining said lines. A copy of the Easement is attached hereto as Exhibit B. rr7 E. This Agreement describes and sets forth TRA's use of temporary access and n workspace of a portion of the Park for purposes of reconstructing a sanitary sewer m line beneath the Park within the Easement owned by TRA, with increased access M to the Park, which are in the common interest of both parties and will benefit the 3 general public. E F. Part of the Project also involves the clearing of the Easement several months prior 00 to the time that TRA will require the Park for temporary access and workspace for c 9 P Y P the actual pipeline reconstruction process. The license period governing this Agreement is not intended to cover the period of time necessary for TRA to clear the Easement, but the Agreement is intended to address some issues of concern with regard to the clearing process, including, but not limited to, ingress and egress and minimizing the impact on vegetation. Interlocal Agreement for Chadwick Farms Park OFFICIAL RECORD I of 5l CITY SECRETARY FT. WORTH,TX G. Each governing body, in performing government functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party. H. The City and TRA find that the subject of this Agreement is necessary for the benefit of the public and that each has the legal authority to perform and to provide the government function or service that is the subject matter of this Agreement. Agreement I. Term a. License Period. The term of this Agreement shall consist of one (1) license period of two hundred (200) consecutive calendar days, commencing no later than June 1, 2016. The license period shall commence upon the earlier of June 1, 2016, or upon TRA's written notification to the Director of the City's Parks and Community Services Department or that person's designee ("Director") of the date that it will begin utilizing the Licensed Premises (as hereinafter defined) for the purposes set forth herein, with said notice to be given to the Director at least sixty (60) calendar days prior to such date.. The license period shall end at 11:59 p.m. on the 2001h calendar day following the day of commencement("License Period"). i. The License Period is intended to cover the time period within which TRA will be reconstructing its sanitary sewer lines as part of the Project; therefore, the License Period shall not include the time period at the beginning of Project necessary for TRA to clear its Easement. Notwithstanding anything to the contrary, TRA agrees that it will not store any materials or equipment related to the Project, including, but not limited, pipes, vehicles, concrete barriers and the like, on the Licensed Premises or the Easement in between the time that TRA finishes clearing its Easement and the beginning of the License Period. b. Extension of License Period for Park Entrance Area Improvements or for other purposes. i. If the Park Entrance Area improvements are not completed prior to the expiration of the License Period, then TRA shall be granted an additional term of thirty (30) consecutive calendar days to complete such improvements at no additional cost to TRA, with such term to begin the day following the last day of the initial License Period. If it becomes necessary for the TRA to exercise this extension, then the TRA must notify the City, in writing, at least twenty (20) days prior to the expiration of the initial License Period of its intent to extend the License Period for this particular purpose. A failure to give the City notice in a timely manner will result in the TRA paying the monthly fee set forth below. ii. If TRA fails to complete all obligations hereunder in accordance with this Interlocal Agreement for Chadwick Farms Park 2 of 51 Agreement on or before the expiration of the License Period, including, but not limited to, pipe replacement operations and restoration of the Park, but not the completion of the Park Entrance Area improvements (unless the TRA fails to give the required notice), then TRA agrees to extend the License Period on a month-to- month basis at a charge of $10,000.00 per month or part thereof. Such compensation shall be paid to the City without demand and without offset. A like payment shall be made to the City by TRA in the event that TRA fails to complete the Parking Entrance Area improvements during the thirty (30) day extension term afforded for such improvements set forth in Section I.b.i. iii. The extension of the License Period in Section I.b.ii shall occur and renew automatically each month until TRA receives notice from the City that all of its obligations under the Agreement 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. II. Licensed Premises and Permitted Uses a. 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 TRA during the License Period the use of the following portions of the Park for the purposes stated herein: 1. A portion of the Park, the description, location, and boundaries of which are depicted in Exhibit C, which is attached hereto and incorporated herein for all purposes as though it were set forth at length ("Access and Workspace Area"), for use as temporary access and workspace for purposes of reconstructing a sanitary sewer line beneath the Park and within the Easement and for no other purpose. 2. A portion of the Park, the description, location, and boundaries of which are depicted in Exhibit D, which is attached hereto and incorporated herein for all purposes as though it were set forth at length ("Park Entrance Area"), for the purpose of constructing a new entrance for the existing parking lot in the Park and for no other purpose. 3. The Access and Workspace Area and the Park Entrance Area are collectively referred to herein as the "Licensed Premises." 4. The parties understand and acknowledge that TRA has an Easement that grants it the right of reasonable ingress and egress across the Park, where necessary, for the purposes of laying, constructing, inspecting, operating, maintaining, repairing, replacing, adding, changing, or removing its sanitary sewer pipelines (see Exhibit B). In the interest of efficiency and protection of the Park and its patrons, the parties hereby agree to the following with respect to ingress and egress concerning the Project: i. TRA and its contractors and subcontractors shall enter the Park and access the Licensed Premises and the Easement via the access road on the Interlocal Agreement for Chadwick Farms Park 3 of 51 neighboring Byron Nelson tract and exit via Cleveland-Gibbs Road, which is depicted in Exhibit C. This one-way travel plan shall be used solely for ingress and egress purposes. If TRA desires ingress and egress access to any other portion of the Park not specified herein but which may be allowed pursuant to the terms of its Easement, then the parties agree to work together to come to a mutual agreement concerning the location of such access, recognizing the interest of TRA in exercising its rights under the Easement and the City in protecting its interest in the Park. ii. TRA agrees to contact the Director at least twenty (20) calendar days prior to accessing the Park for its clearing activities within the Easement. 5. TRA's use of the Licensed Premises hereunder shall be solely restricted to TRA'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, TRA shall be subject to a daily fee of one dollar per square foot for any such area used or occupied, except where use is permitted by the Easement. Upon notification by the City, TRA shall immediately cease such use or occupancy and immediately restore any such Park property in accordance with the applicable provisions set forth in this Agreement. 6. 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, except as is authorized by the Easement. TRA'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, except as is authorized by the Easement. After the License Period or applicable extension period ends, all rights of TRA in and to the Licensed Premises shall, automatically and without the need for any further documentation, fully and unconditionally terminate, whereupon TRA shall have no right of entry or use of the Licensed Premises whatsoever, except as is authorized by the Easement. 7. In accessing and using the Licensed Premises, TRA shall comply with all of its obligations and responsibilities under this Agreement and under any and all applicable, federal, state, or local law, rule, or ordinance. M. Consideration a. Contemporaneously with executing this Agreement, TRA 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 License Fee of Fifty Thousand Dollars and No Cents ($50,000.00) as consideration for the rights and privileges granted under this Agreement. b. As additional consideration for the rights and privileges granted herein, TRA agrees to construct a new secondary entrance for the existing parking lot in the Park Interlocal Agreement for Chadwick Farms Park 4 of 51 Entrance Area of the Park in accordance with the terms of this Agreement. C. Consideration for any additional use of the Licensed Premises will be in accordance with Section I.b. IV. Construction of the New Entrance a. General Conditions. In addition to any other requirements set forth in this Agreement, any work performed or contract awarded by TRA or its contractors or subcontractors for construction of a new entrance for the Park on the Park Entrance Area shall be subject to the following: 1. TRA will perform all construction for the use of City in accordance: (i) with a set of plans and specifications pre-approved by City and TRA prior to beginning any construction; (ii) with all applicable laws, ordinances, rules, regulations, and specifications of all federal, state, county, city, and other governmental agencies applicable to the Park Entrance Area 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. TRA shall cause its contractor to submit all required City permit applications to the Director no less than sixty (60) calendar days prior to commencing work on the Park Entrance Area improvements. Once approved by that Director, contractor shall submit those permit applications to the City's Planning and Development Department. 3. TRA shall schedule a pre-construction meeting with staff in the Department at least three (3) business days prior to initiating any construction or activity on the Park Entrance Area (including, but not limited to, any excavation work). The pre-construction meeting shall be for purposes of outlining TRA's plans and schedules regarding: (i) construction of the new entrance for the Park's parking lot, (ii) minimizing construction impact on vegetation and the Park, in general, and (iii)restoration of all affected parkland and amenities. 4. TRA shall do all work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided for in this Agreement. City shall not be responsible for any costs associated with this Agreement, including, but not limited to, any costs for construction, labor, equipment, or materials. 5. TRA shall require its contractor to provide a maintenance bond in favor of the City for all construction undertaken on the Park Entrance Area, beginning on the date that the City accepts the work and for a period of two years thereafter. 6. Company shall notify City at least three (3) days prior to beginning any construction unless otherwise approved in writing between the parties. Interlocal Agreement for Chadwick Farms Park 5 of 51 7. City shall have the exclusive right, title, and interest in all permanent improvements constructed by TRA in the Park Entrance Area upon written acceptance of such improvements by the Director. 8. All work to be completed under this Agreement for the Park Entrance 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 TRA, 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 TRA, 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. TRA 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 TRA 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. TRA 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. TRA 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, or trespassers by reason of the exercise of such rights or privileges granted in said easements. TRA'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) TRA waives any and all defects in and to the Licensed Premises and all the appurtenances thereto. The City shall not be liable to TRA, its agents, employees,contractors, subcontractors, invitees, licensees,or guests for any damage to any person or property due to the acts or omissions of TRA, its agents, employees, contractors, or subcontractors, unless 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 Interlocal Agreement for Chadwick Farms Park 6 of 51 i This Agreement and all rights granted to TRA 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 TRA'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 TRA 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 7:00 P.M. Monday through Friday, unless otherwise approved by the Director. For purposes of this provision, the term "construction," shall include: (i) clearing, dredging, excavating, compacting, or grading of land; (ii) delivery or assembly of pipe, fittings, or similar materials; 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 TRA equipment and materials shall be placed and maintained solely within the confines of the Licensed Premises or Easement. VIII. Public Safety a. TRA shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with TRA's use of the Licensed Premises and the Park. b. At a minimum, TRA shall: (i) install and maintain construction fencing in accordance with the plan set forth in Exhibit C or as otherwise agreed to by the Director; and (ii) ensure that no equipment or materials are stored in the Park in a manner that is not secure. Following installation of the fencing, TRA shall contact the Director to inspect for proper installation. TRA shall ensure that all equipment and materials are stored on the Licensed Premises in an enclosed area that shall be kept locked when not in use, and TRA shall provide the Director with keys for all fence and entry locks. At no time shall any fenced area for access to the work area be left open when work is not in progress unless staffed by security personnel. C. In addition, TRA 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. TRA shall also take all necessary precautions and shall provide Interlocal Agreement for Chadwick Farms Park 7 of 51 all necessary protection to prevent damage, injury, or loss to: (i) all persons accessing portions of the Licensed Premises on which any construction is being performed by or on behalf of TRA; (ii) 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 TRA, or TRA's employees, agents, contractors, or subcontractors, regardless of whether such material and equipment is stored on or off the Licensed Premises; and (iii) other property on or adjacent to the Licensed Premises. IX. Protection of the Environment a. TRA shall not handle or store any Hazardous Materials on the Licensed Premises or the Park, except that TRA may, in compliance with applicable environmental laws, use and store Hazardous Materials in such amounts and types that are commonly used in connection with pipeline bursting operations, provided, however, that TRA specifically agrees to remove any and all such Hazardous Materials on or before the final day of the License Period. TRA 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 Agreement, "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 TRA on the Licensed Premises shall be posted on site and a list shall be given to City. b. TRA shall not create or aggravate any condition at the Park or the Licensed Premises that could present a threat to human health or to the environment. X. Documentinp- Condition of Licensed Premises TRA must provide the Department with videographic documentation of the condition of the Licensed Premises as they exist both before and after the uses permitted herein. All such video must include a visible date and time stamp indicating when the videography occurred. TRA 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. Department staff will distribute copies of the documentation to all appropriate City personnel to determine whether any damage has been done to the Licensed Premises. XI. Minimizine Impact on VeLyetation a. TRA is authorized to remove 3 trees from the Park as represented and set forth in Exhibit C and shall pay to the City a tree mitigation fee of$7,600.00 due and payable to the Department prior to commencing any use of the Licensed Premises under this Agreement. TRA shall not cut, remove or damage any other trees on the Licensed Premises or the Park except as agreed to otherwise by the Director. Any use by TRA of Interlocal Agreement for Chadwick Farms Park 8 of 51 its Easement area, including excavation, that results in the damage of trees, including, but not limited to, the removal of tree roots and branches, shall not give rise to liability for any payment to the City for damage to trees outside of the Easement area. TRA shall take all reasonable measures to ensure the protection and integrity of any trees on the Park adjacent to its Easement area that may be damaged by TRA's activities in the Easement, including, but not limited to, ensuring that a certified arborist perform any canopy or root trimming in accordance with industry standard. b. Prior to beginning any construction or clearing activities for the Project, TRA shall install construction fencing in accordance with the plan set forth in Exhibit C and the tree protection measures set forth in Exhibit E, which is attached hereto and incorporated herein for all purposes, or as otherwise agreed to by the Director. In addition, to minimize damage during construction and clearing activities during the Project, TRA shall install chain link fencing on the outside drip line of trees and other vegetation specifically identified by the Director at a pre-construction meeting, with such fencing to remain in place from the beginning of the clearing activities through the end of the License Period (inclusive of any idle construction periods between the clearing activing and the License Period). Such fencing shall not be required in or enter the Easement area. TRA shall notify the Director once the fencing and tree protection measures have been installed and allow the Director an opportunity to inspect the work before construction begins. The City shall have at least three (3) business days following the date on which notice is received to conduct its inspection. If the City fails to inspect the fencing in that time, it shall be deemed acceptable and TRA may begin construction. TRA may begin construction on or after the third (3`d) business day following the date on which it provided notice to the City unless the City contacts TRA and identifies specific issues that render the fencing or tree protection measures unacceptable prior to the expiration of those three (3) business days. C. TRA shall ensure that tree protection fencing remains in place throughout the License Period or any extended License Period. At no time shall any tree be damaged or removed except as allowed herein or as authorized by the Easement. If any other tree within the Park is damaged in connection with TRA's operations, TRA agrees to undertake remediation efforts, including paying of remediation costs, in accordance with Exhibit F, 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 Agreement. TRA may clear its Easement at any time without compensation to the City pursuant to the Easement. TRA agrees to restore any disturbed area within its Easement pursuant to the Easement but, at the very least, will restore any such disturbed areas with hydro mulch. XII. Minimizing Impact or. �Ttilities a. TRA acknowledges the existence of City-owned utilities in the Park and Licensed Premises (including, but not limited to, waterlines, sewer lines, and storm drains) and covenants and agrees to install protective matting over such utilities in accordance with any preconstruction plans agreed to by the Director, which agreement shall not unreasonably be withheld, and in compliance with specifications approved by the City's Water Department. Following installation of the matting, TRA shall contact the Water Interlocal Agreement for Chadwick Farms Park 9 of 51 Department (John Lopez or other designated representative) for inspection and approval. b. TRA shall provide the Department 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 mobilization of pipeline construction equipment in the Park. TRA may begin construction after the date on which it provided the inspection report and specifications to the Department unless the Department contacts TRA and identifies specific issues that render the measures unacceptable. XIII. Restoration of Improvements To the extent any road, curb, gutter, irrigation system, utility line, barricade, fence, or other improvement is destroyed, removed, or altered in connection with TRA's activities under this Agreement, as determined in the sole reasonable discretion of the Director, TRA shall 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 of the date this Agreement is fully executed, as evidenced by the pre-installation video required under Section X of this Agreement. Any restoration required under this section must be completed by TRA 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. XIV. Restoration of Surface of Licensed Premises To the extent any portion of the surface of the Licensed Premises is damaged or disturbed in connection with TRA's activities under this Agreement, as determined by the Director in his sole reasonable discretion, TRA shall restore the surface of the Licensed Premises by: (i) aerating the soil using a heave-action aerator with six-to-eight inch tines to address compaction caused during the use of the Licensed Premises; (ii) sodding or reseeding in accordance with the plan set forth in Exhibit G and the specifications outlined in the attached Exhibit H; and (iii)watering the restored areas as needed until the replacement vegetation is established and has been approved and accepted by the Director. Prior to planting, TRA 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 materials that do not meet the requirements of this section or Exhibit G. Any restoration required under this section must be completed by TRA 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. TRA may request limited access to the Licensed Premises to water, care for, and establish replacement vegetation required under Section XIV ("Limited Access"). A request for Limited Access must be made in writing and delivered to the Department at least one month 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. Interlocal Agreement for Chadwick Farms Park 10 of 51 b. Director may, in its reasonable discretion, authorize Limited Access from the expiration of the License Period or extended License Period. During the Limited Access period, no TRA 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. TRA'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. Liability; Indemnification. a. TRA 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 TRA, its agents, employees or representatives, including all damage or injury to standing or fallen timber, buildings, fences, equipment, and all other property, whether real or personal. TRA warrants against any slumping or settling as it relates to the work within the Park related to TRA's installation of the sewer line or the uses permitted herein and agrees to pay City for all damages related to such slumping, settling, or both. b. SUBJECT TO THE LIMITATIONS OF TEXAS LAW, TRA COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF THE ACTS OR OMISSIONS OF TRA, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, VOLUNTEERS, OR PROGRAM PARTICIPANTS. TRA 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 SHALL 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 TRA AND THE CITY, RESPONSIBILITY AND LIABILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF THE STATE OF TEXAS. C. TRA covenants and agrees that City shall no way or under any circumstances be responsible for any property belonging to TRA, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers that may be stolen, destroyed, or in any way damaged, and TRA hereby indemnifies and holds harmless Interlocal Agreement for Chadwick Farms Park 11 of 51 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 TRA, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the Premises. d. TRA agrees that City shall not be liable for any loss, injury or damage whatsoever suffered or incurred by TRA or TRA's agents, employees or representatives while on the Licensed Premises. e. All of the obligations set forth above are subject to the limitations of state law and subject to any defenses or immunities TRA may possess. XVII. INSURANCE a. Duty to Acquire and Maintain TRA shall 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 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. TRA shall provide proof of all requirements stated herein to the City prior to beginning any work pursuant to this Agreement. b. Types and Amounts of Coverage Required 1. Commercial General Liability: i. $5,000,000.00 per occurrence, 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. $5,000,000.00 per occurrence 3. Umbrella Policy i. $5,000,000.00 4. Environmental Impairment Liability (EIL) &/or Pollution Liability i. $5,000,000 per occurrence ii. $10,000,000 aggregate 5. Automobile Liability: Interlocal Agreement for Chadwick Farms Park 12 of 51 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 6. Worker's Compensation: i. As required by law 7. Employer's Liability: i. $1,000,000.00 per accident C. Revisions to Required Coverage 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. TRA agrees that within thirty (30) days of receipt of written notice from the City, TRA 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 Agreement, 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 C ity. d. Underwriters and Certificates TRA 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 Agreement, TRA 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, TRA shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. e. Deductibles Deductible or self-insured retention limits on any line of coverage required herein shall not exceed $1,000,000.00 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 Subrozation TRA shall require any of its contractors' worker's compensation policies to Interlocal Agreement for Chadwick Farms Park 13 of 51 contain a waiver of subrogation endorsement in favor of the City. g. No Limitation of Liability 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 shall in no way be construed or affected to limit or in any way affect TRA's liability to the City or other persons as provided by this Agreement or law. XVIII.Prohibition Against Liens TRA 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, TRA shall, at its sole expense, liquidate and discharge same within ten (10)business days after notice from the City to do so XIX. Notices All notices required or permitted under this Agreement 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: To TRA: Director Manager Parks and Community Services Construction Services City of Fort Worth Trinity River Authority of Texas 4200 South Freeway, Ste 2200 5300 S. Collins Fort Worth, Texas 76115 Arlington, Texas 76018 With a copy to: Department of Law City of Fort Worth Attn: City Attorney 1000 Throckmorton Dallas, Texas 75201 Fort Worth, Texas 76102 XX. Independent Contractor It is expressly understood and agreed that TRA shall operate as independent entity in each and every respect hereunder and not as an agent, representative, or employee of the Interlocal Agreement for Chadwick Farms Park 14 of 51 City. TRA shall have the exclusive control and the exclusive right to control all details and day-to-day operations and activities relative to operation of TRA and installation of the pipeline and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. TRA acknowledges that the doctrine of respondeat superior shall not apply as between the City and TRA, its officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees. Nothing contained in this Agreement shall be construed as the creation of a partnership or joint enterprise between the City and TRA. XXI. Prohibition Against Assignment TRA 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 shall be void. XXII. Compliance with Laws and Regulations a. In operating under this Agreement, TRA 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. TRA 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 TRA to any such violation on the part of said TRA or any person employed by or admitted to said Licensed Premises by TRA, TRA will immediately (or otherwise as soon as reasonably possible) desist from and correct such violation and/or vacate the Licensed Premises. XXIII.Taxes TRA 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 Agreement. XXIV.Force Maieure; Homeland Security 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; public health crises; earthquakes; fires; floods; restraints or prohibitions 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 Interlocal Agreement for Chadwick Farms Park 15 of 51 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. XXV. Headings 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 Agreement. XXVI.Choice of Law; Venue This Agreement 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 Agreement, 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. XXVII. Governmental Powers It is understood and agreed that by execution of this Agreement, the City and TRA do not waive or surrender any of their respective governmental powers. XXVIII. Authorization By executing this Agreement, TRA's agent affirms that he or she is authorized by TRA to execute this Agreement and that all representations made herein with regard to TRA's identity, address and legal status (corporation, partnership, individual, etc.) are true and correct. XXIX.Entirety of Agreement This instrument (including all attachments, schedules, and exhibits attached hereto) constitutes the entire understanding and agreement of the City and TRA 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 shall not be amended unless agreed to in writing by both parties. Interlocal Agreement for Chadwick Farms Park 16 of 51 By executing this Agreement, TRA agrees to and accepts the terms, conditions and provision contained herein. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement this #� day of � , 2015 in Fort Worth, Tarrant County, Texas. Trinity River Authority of Texas The City of Fort Worth B C ✓ B By: y. CKevin Ward �i-Susan Alanis General Manger Assistant City Manager Approved as to Form and Legality: Approved as to Form and Legality: By. - oward S. Slobodin Tyler F allach General Counsel Assistant City Attorney ATTEST: ATTEST: By: Howard S. Slobodin Mary Kayser Secretary, Board of Directors /City Secretary QF F®� Contract Authorization - M&C: M&C L-15729; November 4, 2014 0 0000000 �'A S OFFICIAL RECORD CITY SECRETARY FT.WORTH Interlocal Agreement for Chadwick Farms Park T�0 1 Exhibit A Park A--S-,iR'.'• v.:Vi a uVi M v.ei,wi.�`A.—s-/l1 aJa. - g 7I of �ry L 1 pin l i i q as 1 -i vu� Interlocal Agreement for Chadwick Farms Park 18 of 51 Exhibit B Easement SCANNED DOCUMENTS SUBSTITUTION EASEMENT & RIGHT-OF-WAY Name of Proiect: DCHWS—Henrietta Creek Interceptor Proiect, Phase I I! Subsystem#HC001 ! B&V Abby. CBHCI i Parcel No.6 LPM Agreement No.00001024 Unique IdentiIIer Number: UC001-6-PU Interlocal Agreement for Chadwick Farms Park 19 of 51 ( _ . [)A)4sLi n Denten Croak Regional Waatowabt Systeat Henrieta l.reek Intorcepaer Project Plass I Parcel 0 6 SUBSTITUTION EASEMENT AND RIGKr-0F-WAY THE STATE OF TEXAS f i COUNTY OF I Ij FtU KNOW ALL MEN BY THESE PRESENTS: I THAT CHADNIICK HOLDINGS,LTD.,a Texas emited parkmrship(GRANTOR),for and in consideration of TEN AND NOW 00 DOLLARS($1.0.00)and other good and valuable _ consideration to GRANTOR in"'paid by the GRANTEE,TRINITY RIVER AUTHORITY OF TEW(AUTHORITY),a cons"timi and reotamaSw..dadiict creeled by and functioning under Chapter 518,Acts of the 54th Legislature of the State of Texas,Regular Session,1935,as i amended pursuant to Article XVI,Section 59 of t»Texas Cons0tution,with is principal Office at ' 5300 South Collins,A,ingtom Tarrant Co".Taxes 76018,the rooelptof which by GRANTOR iIs hereby admoviledged,has granted and conveyed.and does by these presents grant and oonvery,unto AUTHORITY,It successors and assigns,an ossemenrt and right•afivay to lay, construct,inspect.operate,malnoein.repain replace.change,add andlor romove are or more i saftry sewer pipelines with Off incidental oqupmert and appurtenances,Including.bu,not smiled lo,aboveground manhole vents and pipeline lunciion boxes,and pipeline markaralmonu menta,and the hereinafter described erosion control improvemants (IMPROVEMENTS),(all Poems collectively hereinafter tailed FACILITIES),!n,on,over,tveugh, under and across tihat certain land sihiaied in Oats Covrty.Texas,mora parliculary described l in Exhibit W,atacted hwelo and made a part hereof:together with: to right of rNsonble egress and egrass across GRANTOR'S remaining land,where necessary,to and from the above-described tract,for the pvposas of laying,const ic".mspacting,opeatig. i 1i maintaining,repairing.replacing,adding.charging andAw removing said FACILITIES. I' There is included in this grant the right at arty lime In the future bo,lay,oonstruct.inspect. 1 operok,maintain.repair,replace,change add and/or remove one or more additional Ines of pipe approximately peralw with the first pipeline or pipelines laid by AUTHOR"hereunder,so t long as sold future fine or Innes ars within the confines of the metes and bounds description contained in Exi'Jbit'A'. i For erosion control purposes,the easement rights granted amid conveyed herein to the AUTHORITY etas also include the right at any time in the tub"to construct,inspect opm is. I mair"n,rap&,replace change,add androck 111 remove concrete,rorip rap or other forms of IMPROVEMENTS to protectALITHORtl Y'S existing and tuturo FACILITIES located whin or adjeca.4 to creeks,guiles and other natural or mat mads water drainage causes located wlUtln the land arse described in Etdlbit'A'. The need for and design of any IMPROVEMENTS { aro solely within the AUTHORITY'S control and at the AUTHORrIYS discretion.The IMPROVEMENTS show be constructed within the hiptMow boundaries of said water dralrege i courses. The AUTHORITY,at its discretion,:•cry grade and slope the banks or walls of the water drainage oolrses Io feelllate the IMPROVEMENTS'design and IMaprlty. Tire physical i units of the IMPROVEMENTS stall be"ray confined to the aro"described in Etdnbd'A" a t,vs wwa.0 cis v solinW rk%TVR rata n. rNP411t COlwrv.rExAS 9,,1ws kytims&s,taUnh'aur Interlocal Agreement for Chadwick Farms Park 20 of 51 I - n I I In addition to the conveyance of new easements as described herein,tht Instrumertt is also executed and delvered for the purpose of vibetltuting the terms ON conditions and 421 descriptions of that portion of the Easement and Right-of-Way previously conveyed to AUTHORITY as recorded in Volume 2563,Page 117 of the Deed Records of Oervion County, Texas,that Is located within the boundsries of the property now owned by GRANTOR. GRANTOR admowledges that the eonaidersaon paid by AUTHORITY is hrl and final payment i for all rights conveyed herein. GRANTOR GRANTOR'S successors and assigns,mry fully use and enjoy said premises h enounftred by said easement,except that such use and eniloyment Shea not hinder,oon9xt or Interfere with the exercise of AUTHORITY'S right header,and no building,structure or reservoir shalt be eorstrurttad upon,under or across the right-of-way ani easement herein t granted,without AUTHORITY'S written consent proVded further,GRANTOR GRANTOR'S ! t— - suooessors and assigns may construct,dedicate and maintain aagp'ald 60160*W and right- : cf-waysuch roads,alleys,parkYq lots.utility fines and fences as will not WArkxe with the use by AUTHORITY of said easement and right-d-way!or the purposes alone!aid. i j AUTHORITY may s1m and cut dam trace and shrubbery in connection with the oorhstrtrc$om, � i operation,repair.inspection,change,replacement,matramnee and rarrmal of said FACILITIES described herein,If necessary. I AUTHORITY Shall dean up and remove all trash and debris,repair and replace fences and repair other damages caused by said oonstructiom 1 IJ The easement rights end privilegse herein granted Shea be perpetual,and Said ng%"it � oarbiarm Covenants running w.th the lend and shad be binding upon and inure to the benaTit of GRANTOR and AUTHORITY,reWectivey,and Ter respective successors and assigns. AUTHORITY'S rights hereunder may be assigned in whole or!n part to one or more assignees. TO HAVE AND TO HOLD the above-described easement and right-of-way and rights op"tanamt fierolo unto AUTHORITY,rte succeeeas and assigns,until all of said FACILITIES aredeclared pon. nsrdly abandoned by AUTHORITY,In wdddh went Baia easement arta right- d-way and Aghts appurkrrent thereto sinal cease and terminale and revert to GRANTOR GRANTORS Successors and assigns. I GRANTOR hereby binds GRANTOR and GRANTOR'S succesears anc assigns to WARRANT and FOREVER DEFEND said easement and AgM-of-way and rights appurtenant Inereto unto + AUTHORITY.Its Successors and assigns,against every persrn whomsoever lawfully cialmig. or to dais the same or any part thereof. I it is expressly understood that all rights,conveyances or covenants are herein written,and no 1 verbal agreements of arty kind Shall be binding or recWt;md or In wry way modify this I Imownem of conveymce. i NNX,Ilah gmpPU fllEe a UW AM CMM.TEXAS ' i 2 .'RWM rahaal406 Wnwn Din 1 ' Interlocal Agreement for Chadwick Farms Park 21 of 51 EXECUTEDthis _day a---C "A� 2003. CHADWICK HOL1INGS,LTD., i s Teas ilmited partrtemhlp By: CHADHOLD PARTNERS,LLC,a Teas l nmlbd Ilablgty oanpany.he sole geow i P� 1 i f i WM FO IK Pr"dold i R CK 'CONNOR,on wool i HARRflJManapel 7 i I THE STATE OF TEXAS § CDUNTYOF t Before ma,the urtdere9ned eumc*.on this day pwwmLy appeared MARC I ! FOOTL IK,Prealdsnt of CHADHOLD PARTNERS,LLC,a Texas limited 118blllty compefy,M behalf of said limited(ability company,in Its capecity,as ode general partner of CHADWICK HOLDINGS,LTD.,a Teas limited partnership,known to me to be On person whose name Is subsor bed to the foregoing butrument,and adalvr.Ndged to me that he executed the same for aw purposes and consideration#main expressed,in to rapadly stated tMtein and as the sol l and deed of sad limited panrwship. I Given under my hand and seal of office on this 5 ..day of i 2003 1 tliATh OF TtOtN �Public��Zt., d 7 axes (seal) wtuocwuc,caAa i �/�. x+wx�xecoaorstcN �7f0.�Y N iWAWl CORY. AC SWAN1e llan'f{Fx1 3 Interlocal Agreement for Chadwick Farms Park 22 of 5l ` r r I THE STATE OF TEXAS § COUNTY OF Before me,the undersigned sulhorty,y this day personalty appeared RODERICK V. I O'CONNOR,Manager of CHADHOLD PARTN E RS,LLC,a Texas 11miled 11abUy company,on behal of said limited"Witty company.in Its capecity as sola ponoral portrlor of CHADWICK HOLDINGS,LTD.,a Texas limits i partnership,1a~to me to be the porion chose name Is subscribed b the kregoing Instrument,and saripmedged to me that the executed the acme for the ptsposes and consideration therein expressed.in the capacity stafei therein and as the act and deed of said llrnfted partnership. Given under my hand and seal of cflice on Mis i 5 day of �-- .-2063. TEXASiztRi Pubic,State of Te 1 ( IWHU N CRAI6plVIA Err rPPL�Mn.I = I t ($eel) 'HE STATE OF TEXAS Q COUNTY OF Before me.the underalpnod authority,on this day pamnarry appeared HARRY UTZIG, II Manger of CHADHOLD PARTMOM LLC,a Texas P.mbed Nubility company.on behalf of said limited Witi ty company,in Its capacity as sole general partner of CHADWICK HOLDINGS. LTD.,a Texas limited panneraHp,la~to me b be the person+those name is subscribed b the foregoing instrument,and acWwAedged to me that he executed the same for the purpose and consideration therein expressed,in the capacity edged therein and as tie ad and deed d ! said Nmited partnerarup. — W1 1 Ghien under my hand and seal of office on this� .day of ! 2003. I SM OF IoM Ha ar�ub11c,Stale of Taxes 1 LAi}YF91 em 31,OW ^-�8 (moi) I j *I'MI-1, LICopy7F ,�1yLL rECM ME7 ran,pq/al caurn.TOM. 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R. .H. Interlocal Agreement for Chadwick Farms Park 24 of 51 • 1111[ 1ELiDY TRUST .8 00'3031' w 30.01' EUAM*XE.A POKOF )MISTM T.19 cAuwMersTo.'-,M'T'COLRT FLED 10-*-3f LTD. IM7.r." 1 30 T8M uYul AGES ROANWE P.R.D.!FTM.LTD. VOL DC.T. 'MM 9EM UK MATCHI SM_ itrrpo we raftNow to IN vW Ift of Wo flooroft Lad%bw Ltd.tmft 01 M fo u El pr mel I=00 In ftw am pow=*I ft OW Pow*of Donom cWtv.Too OwwM . OCT.,023003'0 001 WJRob p--m -sum-RNM led- T.J.M. Med- R.D.H. 71 1 P Interlocal Agreement for Chadwick Farms Park 25 of 51 l W72 .t E OTW T.R.A.MANHOLE I I 6 �5 f,�4 go r>wc tD06R.A. MANHOLE PRTTFRB.LTD.e .w�eT.ro.ece D.R D.C.T. ttDrst01R LAID PARrtERli,LTD. VOL.4167,ro.ass z V iAD4�,'AL.Mk' SV SGb 3°' TRAM 1 im+ So. Fr. I ti OlitF w ` o OIrYp A 1�fltO1 m Vlf wet 1Yo of Vr R1sCls Lstl 7r'hle7�lCl.tr7Ct a OD10ir o or r!1@Oa to ho>,r l3 P ',!m of ue Dtd Rtmri of ttrntm tartx TO GOODWINS Dole O t•._too N�OCT. 2001 � �� 3 Job 140.1 9833 ml/IA�II—IIAI.OII—QltllllOtll of Drafted. T.J.M. i7 tro ara i R. Interlocal Agreement for Chadwick Farms Park 26 of 51 AAT 3 !R 30' M7404 W. FT. 3 14 M_ FT- 7"37 _R Z p "M��%P 00. OMME LTD. I EXSTM SEVIER LAC IS I riF IV z bi WU I"of 08 WOMM LNO Pff"NM Ltd.CIM St 00'10'L"E) DW*v.T"= GOODWJNl ,T..2001 9933 Job W- I " Od. M T.J. "*.,,"W '.D,3, J7 Interlocal Agreement for Chadwick Farms Park 27 of 51 . � R . 1Lro. LTD..� . � D.R.D.C.T.T. 1Uj I 13 ACM •r 6� Sip C107- I • idrsro7tA. a s alrnp.e I Ime 0 b la in IW a M.VAWbM Lffd PMR.M.VIM a m•f0'U•M awD MMa d in Volk.M Ow an of the Dal Pam of O"n W.".-am C%O JQ� o RecA ' � GQW9VW1 _ J.D ND. 9933 .dT.J.M. .a Wr run ed, R.D H. . 17 Interlocal Agreement for Chadwick Farms Park 28 of 51 \ g t 1OV ME EM .A.TMWY 1 j n•suce rtc�en r ' IIOMI01�LAW rAlliLE7rY LTO. LM e ie�rswtsA, I n w n4a�ua to us rt M of tl�(�tl�s L/iC hrfrral'4 LN.zst k 00-to D pM ras a to wan ay.Pa M oe ew DnE�rmV�a orrm oast T� + o000"" SCOW. V`100, �- ours i ocr. 2001 e.tiw _ftrw�-east Job No.r 9933 ¢Roth T.J.M. + R :7 Interlocal Agreement for Chadwick Farms Park 29 of 51 yHA*KU A 2LDa r' O"N ' VOL.W, --i+ RSDa• n�l�q�jp� 0 D.R.D,C. • r 11 a., ' BOCK 4�NAOhPGR p � • BOCK I ,/ 1 ROA�L�pIWTTRii6,Lowl KVTD. ¢Q� p� �D.R.D_C.T. Garr - fawn W s 80.2937' 3D'2' ' $ ' wA9o�R DxE mg~ ~ AL NVESMNT L.P. ii �C.0 S.W.93 RO�Ot'334 ALE VOL.4246.P'd.4D7 ' 7wo i O-R.D.G.T. enc � I b,°t`kI ' "o R 1 � i 1 ! E I erne �0• I o� rsa�1n Yd to M%M 4W hi to DW R L"of tft Amon w*of W*mm�x s�.�.fl.D �t Do* OCT 2301 � �= aa•u�w-wwwrr-awes No. 998 M miw T.J.K. i7 o••. ao•�n R.D. . Interlocal Agreement for Chadwick Farms Park 30 of 51 i - rcrwty w ., `mar-�,r n*►�c+nea' DO%-P40M uw0 R;GWS DEPT. 7fi4r M/ER AUTmOw7r OF TEXAS = ` P.O.box m .KGTOn,rX 76004 rrHew�a Interlocal Agreement for Chadwick Farms Park 31 of 51 e Denton County Cynthla MHeheN Il� lliqCounty Clerk Dentae,TX 76202 Inabument Nut 60 2006.12602 As Recorded On: October 07.2006 Easernsat P6rtim CHADWICK HOLDINGS INC Billable Pages:15 To Number or P0949.15 CormMnt "Erarnin d and Charged w Folbwa:" tiarnrnt Moo Tow an.80 THIS PAGE IS PART OF THE INSTRUMENT AM P V Ma h~~mokM nM SoM,FWrM a MM d 00 dnobd REAL PROPERTY bvAW"of odw or ma Y YraM atl MYMdarM wWi YOnM M. FBs hoonno on: Record and Return To: Document Number. 2006125432 Receipt Number.233223 ST>:Y114RT TITLE Recorded DRUMM: October(17,2005 D3-.MP 1MLL CALL DENTON TX 76202 User/Station.J Robwoon-Cash Station 2 THE STATE OF TEXAS) COUNTY OF DENTON) ��r�.rrr�.+w rrr.r✓.rapt rrr rr..pwr.,r.�.rrr ■rwr.a��M�swssr r aaor rewa o.s ea.Y.row C♦wa •��a< County Clark Denton County,Texas Interlocal Agreement for Chadwick Farms Park 32 of 51 i � I I I � i i D203310010 i TRINITY RIVER AUTHORITY OF TX PO BOX 60 DON ROME LAND RIGHTS ARLINGTON TX 16004 -K A R N L N G-THI3 I3 PART OF THE OFFICIAL RECORD--D O N O T D E $ T A O Y I N D E X E D -- I:' A R R A N T CO O N T Y T E X A S ; i 9 U Z A N N E H E N D E R S O N -- COUNTY CLERIC O F F I C I A L R E C E I P T i T O: TRINITY RIVER AUTHORITY OF TX i RECEIPT NO REGISTER RECD-BY PRINTED 'DATE TIME 203494429 DR91 P1S 08/21/2003 13:56 I _' � I 1NS:RU�WNT FEECD INDEXED TINE RECVZ 1 D20331,0010 ND 20030921 13:59 CA , T O T A L DOCUMENTS: 01 F E E 7: 29.00 I � B Y: I ANY PRDVI$LON WHICH RESTRICTS THE SALE RENTAL OR USE i OF THE DESCRIBED SEAL PROPERTY BECAUSE OF COLOR OR RACE 15 INVALID AND UNENFORCEABLE VND'F.A FEDERAL LAN. I f I ' � I Interlocal Agreement for Chadwick Farms Park 33 of 51 i U Interlocal Agreement for Chadwick Farms Park 34 of 51 Exhibit C Access and Workspace Area \�V�W+w wo\�„a\m c«�..w\s.ecr io•w A.—-11►e.,,r— pq i 1111i !1•�� V ► N N a jig f�r - fii Interlocal Agreement for Chadwick Farms Park 35 of 51 I Sao 9£ 31-md SUUU-4 3P!MPe4D X03 IUOIUOOaV IMOIJOIUI 11� ill fla � ft sty I - I Ne mill1) 11 a � �" Mai p� 10 I It 14 N g I , 4 � �Y wn wwo ..n n/szN r�e.oivr�-n.a�.e�ay.i a u�wr�c-�o-.w.1x...a.�.a r+l�+w�wi�ar�v iW wAae a�wel 193o L£ Ind Sid-43!-Pe4a Jo3 auauiaa v molimul ►. #fir # }Q+ tsAi� ' If $l .I _- 3 � vii � .0 _ r� _ � - � •' lSao 8£ 31ied su a 3[o!-pego.to3 luauiaa V lmoµaiul y P P Cos ill IJP i . ` lop �g 10am g r- �� ai Ohl � t �` it 4 r m % x r Al �� •aru 1 d. gel flat � 1 p4R aa d i I' 11;� ♦ Y�� YYka46p�®�®�fl �4� yijgijjj WE I 6 ��7�e� ��1131aa�S .• n � a r•:• � / oo,wa•w,•�..wn eVcc/.yew a.o�=�e�!w•a ma aooc mar iea�iaa«s\-+•�•a�o\•�••us\avav a\ooa\ax\:w.we.ee uaav aauuajug Kaud Q 3!q«[Xa 193o 6£ KRd sump-4 313VApeQJ 1o3 luamaadv Iraolialul O O (q O E-+ w w 7 A z 0 ' V r� E � � O 00 W r � � gg R e a I!q!gxa I 3# asmMApMFq:)Joi Tua mo-12Y�01jolu! LT �� ■ � � � g � F . D w : ww _ § , \! g \: " z � t � g > �AIL- � p % �� - � % | & � © § § � .olk.. ' } \ , Exhibit F 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 TRA. Failure to replace damaged trees shall be considered a breach of contract and TRA shall be assessed for damages. Slight or moderate damage to trees will result in assessment of damages. ASSESSMENT OF DAMAGES TO TREES 1.I. TRA 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 TRA 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. TRA 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. TRA shall be responsible for any planting, watering, mulching and maintenance of replacement trees for a period of not less than 2 years. TRA 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 ''/z"to 2" in width but less than 1/3 trunk circumference or breaking of limbs less than 2" in diameter or limbs Iess 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 Interlocal Agreement for Chadwick Farms Park 41 of 51 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 %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 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 TRA shall be removed by the Department's Forestry Section Tree Removal Contractor at TRA'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 TRA will be automatically assessed damages. Damages as described herein shall be deducted from payments otherwise due to TRA. 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. Interlocal Agreement for Chadwick Farms Park 42 of 51 Exhibit G Sodding and Seeding Specifications SECTION 02930 - SEEDING PART 1 - GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. Standardized Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller B. Texas Highway Department: Standard Specifications for Construction, Item 164, "Seeding for Erosion Control"and Item 180, "Wildflower Seeding". 1.03 SUBMITTALS A. Seed I. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed (PLS) b. Name and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one hundred (100) miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing, prior to planting. 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS Interlocal Agreement for Chadwick Farms Park 43 of 51 A. Planting Season: The season varies according to species (see Part 2 - Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. B. Schedule After All Other Construction and planting is complete. C. Protect and Maintain Seeded Areas 1. From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The contractor who plants the seeds, whether the general contractor or a subcontractor, is responsible for daily supervision of his crew, and for the planting and maintaining of seedlings until acceptable, viable growth is achieved and the project accepted by the City. PART 2—PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed (PLS =purity x germination) per acre. Substitution of individual seed types due to lack of availability shall be made only by the City at the time of planting. The Contractor shall notify the City, prior to bidding, of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Any adjustment of area location by the City shall be considered incidental and shall not entitle the Contractor to additional compensation. Weed seed shall not exceed ten percent (10%) by weight of the total of pure live seed (PLS)and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean, dry and harvested within one year of planting. 1. Non-native grass seed shall consist of: If planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name Puri! Germination 25 Bermuda(unhulled) Cynodon dactylon 85% 90% 75 Bermuda(hulled) Cynodon dacrylon 95% 90% Interlocal Agreement for Chadwick Farms Park 44 of 51 Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium multiflorum 82% 80% 40 Bermuda(unhulled) Cynodon dactylon 84% 85% 2 Native grass seed -The seed shall be planted between February l and October l and shall consist of: 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 *These grasses are not to be planted within ten feet of a road or parking lot or within three (3) feet of a walkway. 3 Wildflower seed -All wildflower seeds are to be hand broadcast, (see 3.02,A). The seed shall be planted between March 5 and May 31 or between September 1 and December 1 and shall consist of: 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 *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. Interlocal Agreement for Chadwick Farms Park 45 of 51 4. Temporary erosion control seed When specified on the plans,temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in this section. B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper-by-products (waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten percent (10%) moisture, air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas - 100 pounds of Nitrogen per acre. C. Where applying fertilizer on established seeding areas - 150 pounds of Nitrogen per acre. D. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled paper mulch, (see 2.01, B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater, use the following soil retention blanket(Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1-800-777-SOIL. 2.02 MIXING Seed, mulch, fertilizer and water may be mixed provided that: 1. Mixture is uniformly suspended to form a homogenous slurry. 2. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty (30)minutes after placed in the equipment. PART 3—EXECUTION 3.01 SEEDED PREPARATION Interlocal Agreement for Chadwick Farms Park 46 of 51 A. Clear Surface of All Materials, Such As: 1. Stumps, stones, and other objects larger than one inch. 2. Roots, brush, wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling 1. In all compacted areas till one inch (1") deep. 2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half(1/2") inch inside "drip line" of trees. C. Water_ Shall be furnished by the Contractor as an ancillary cost to the Contract by the Contractor by means of temporary metering/ irrigation, water truck or by any other method necessary to achieve viable, acceptable stand of turf as noted in 3.04.13. of this specification. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch (1/2")per week should be applied until such time 100% full growth coverage is achieved and one mowing cycle is performed by the Contractor and accepted by the Owner. Watering: Soil should be watered to a minimum depth of four inches within forty eight (48) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. 3. Never cover seed with more soil than twice its diameter. 4. For wildflower plantings, scalp existing grasses to one (1") inch, remove grass clippings, so seed can make contact with the soil. B. Mechanically Seeding (Drilling): If mechanically seeding (drilling)the seed or seed mixture, the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All varieties of seed, as well as fertilizer, may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter inch to three eighth inch (1/4"- 3/8") utilizing a pasture or rangeland type drill. All drilling is to be on the contour. After planting, the area shall be rolled with a roller integral to the seed drill, or a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. 3.03 MULCHING Interlocal Agreement for Chadwick Farms Park 47 of 51 A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre. 2. Sandy soils, sloping surfaces - minimum 1,800 lbs./acre. 3. Clay soils, flat surfaces - minimum 2,500 lbs./acre. 4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre. 5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious. C. Apply within thirty (30) minutes after placement in equipment. Keep mulch moist, by daily water application, if necessary: 1. For approximately twenty-one (2 1) days, or 2. Until seeds have germinated and have rooted in soil, (see 3.04.13.2.) and project has been accepted by the City. 3.04 ESTABLISHMENT, MAINTENANCE AND ACCEPTANCE A. Includes initial seed and/ or sod application and establishment, protection, replanting as necessary , maintaining grades and immediate repair of erosion damage until the project receives final acceptance. Refer to Part 2—2.01 —D. for watering requirements to be executed by the contractor. B. Initial full coverage turf establishment shall be considered as 100% grow in to a height of three (3") inches with one mow cycle performed by the Contractor on all newly established areas prior to consideration of acceptance by the Owner.. C. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A "stand" shall be defined as: a. Bermuda/Rye grasses: See 3.04 B b. Native grass and wildflowers: eighty percent(80%)coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION Interlocal Agreement for Chadwick Farms Park 48 of 51 PART2—PRODUCTS 2.01 SOD A. The sod shall be Buchloe dactyloides("Prairie"Buffalograss)and shall consist of stolons, leaf blades,rhizomes and roots with a healthy,virile system of dense,thickly matted roots throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive, healthy and vigorous and shall be free of insects,disease,stones and undesirable foreign materials and grasses. Sod shall have been produced on growing beds of clay or clay-loam topsoil. The sod shall not be harvested or planted when its moisture condition is so excessively wet or dry that its survival will be affected. If sod is stacked,it shall be kept moist and shall be stacked roots-to-roots and grass-to-grass. B. The sod shall be cut in strips four feet wide to be laid parallel with the contours. 2.02 FERTILIZER A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. B. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area two weeks after sodding. C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. The fertilizer rate shall be 45 pmmnds of nitrogen per acre. 2.03 WATER The water shall be furnished by the Developer/Contractor and shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally,the sod should be soaked one time per day for three weeks or until established. Soaking is mandatory after spreading the fertilizer. 2.04 COMPOST All compost material is to be totally organic and decomposed for at lease nine months. All compost is to be clean and free of fungus,disease,live plants,seed,excessive cotton lint and any harmful chemicals. "New Life Soil Conditioner"or"Penna Green Compost",as specified below or an approved equal,shall be used. Raw organics are not acceptable. A. For soil with air alkaline pH condition: Use"New Life Acid Gro"(acid pH)soil conditioner as produced by Soil Building Systems of Dallas,or an approved equal. B. For soil with an acidic nH condition: Use"Perms Green Compost"by Texas Earth Resources,Inc.of Dallas,or"New Life Natural Grower"(ph 8.0 to 9.0)by Soil Building Systems,Inc.,of Dallas. C. Sample and Specification Submittal: Submit a producer`s specification and a quart Sample of the compost proposed for the City's approval. NRF SODDING 02930 -2- Interlocal Agreement for Chadwick Farms Park 49 of 51 PART 3-EXECUTION 3.01 GENERAL !� All turfing operations are to be executed across the slope,parallel to finished grade contours. 3.02 SOIL PREPARATION y A. Scarify subgrade to a depth of three inches before depositing the required topsoil. j♦ B. Tillage shall be accomplished to loosen the topsoil,destroy existing vegetation and prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel- type breaking plow,chisels set not more than ten inches apart. Initial tillage shall be done in a crossing pattern for double coverage,then followed by a disc harrow. Depth of tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted with sod. C. Cleaning: Soil shall be further prepared by the removal of debris,building materials, 00 rubbish,weeds and stones larger than one inch in diameter. 00 00 D Fine Grading: After tillage and cleaning,all areas to be planted shall be topdressed with 00 one-half inch compost and then shall be leveled,fine graded,and drug with a weighted spike harrow or float drag. The required result shall be the elimination of ruts, so depressions,humps and objectionable soil clods. This shall be the final soil preparation step to be completed before planting. 3.03 PLANTING Prior to laying the sod,the planting bed shall be raked smooth to true grade and moistened to a depth of four inches,but not to the extent causing puddling. The sod shall be laid smoothly, tightly butted edge to edge,and with staggered joints. The sod shall be pressed firmly into the sod bed by rolling or by hand tamping with an approved tamper so as to eliminate all air pockets, Provide a true and even surface,and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas. Following compaction,compost shall be used to fill all cracks between sods. F,xcess compost shall be worked into the grass with suitable equipment and shall be well watered. The quantity of compost shall be such that it will cause no smothering or burning of the grass. * 3.0.3 FERTILIZING e Twenty-one days after planting,nrfgrass yeas shall receive an application of 3-1-2 fertilizer at the rate of 45 pounds of nitrogen per acre. Water well alter application to prevent burning. LND OF SECTION R c r Interlocal Agreement for Chadwick Farms Park 50 of 51 IS3�IS died suu¢31OL"PUT)l03 lua[naaAV Taollalul WM w `u - 40 Ii404P 1► r++�� { _ w ff v 5P � _ •� r-+s* +�' 6,;,c • uPfl 8d.rei'r — KFS iw.'l—1 w .fes• 1W City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/4/2014 DATE: Tuesday, November 04, 2014 REFERENCE NO.: **L-15729 LOG NAME: 80CHADWICK FARMS PARK TRA TEMP ACCESS AGREEMENT SUBJECT: Authorize Execution of an Interlocal Agreement with Trinity River Authority of Texas to Permit the Use of a Portion of Chadwick Farms Park as Temporary Access and Workspace for the Installation of a Sanitary Sewer Service Line and the Construction of a Secondary Entrance to the Park for a Period Not to Exceed Two Hundred Days (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Interlocal Agreement with Trinity River Authority of Texas to permit the use of a portion of Chadwick Farms Park as temporary access and workspace for the installation of a new sanitary sewer service line and the construction of a secondary entrance to the Park for a period not to exceed two hundred days. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an Interlocal Agreement with Trinity River Authority of Texas (TRA), permitting the use of a portion of Chadwick Farms Park (Park) as temporary access and workspace during its installation of a sanitary sewer service line and the construction of a secondary entrance to the Park. TRA requests the use of approximately 2.8 acres (about 120,000 square feet) of the Park for a period of 200 days to serve as temporary access, workspace and storage associated with its plan to replace an existing sanitary sewer service line that sits within TRA's easement inside of the Park. The existing 30- inch diameter sanitary sewer service line services the City of Northlake and the City of Fort Worth and will be replaced with a new 78-inch sewer line. To minimize harm and significantly reduce the amount of impact to the Park, TRA has agreed to replace the line within its existing easement, giving rise to the temporary access and workspace request. Parks and Community Services Department (PACSD)typically assesses a mitigation fee of$1.00 per square foot of parkland licensed for temporary access and workspace. In lieu of paying the full $120,000.00 fee, TRA has offered to pay the City $50,000.00, with the remaining fee to be put toward the construction of a new secondary entrance for the existing Park parking lot. Due to the fact that mitigation fees are the direct result of temporary surface land use and disruption, it is recommended that the funds generated be dedicated for use in the Park for park improvements, in accordance with the Parks and Community Services Park Facility Development Guidelines. TRA will be responsible for repairing and restoring the Park to a condition as similar to or better than that which existed prior to the construction. The locations of the temporary access and workspace areas and took into consideration the Park infrastructure and user accessibility. The temporary access and workspace areas and the new secondary entrance location are depicted in the attached exhibits. Installation of chain link fencing will be required along the temporary workspace area. Trees permitted for removal will be mitigated on a caliper inch-per- inch basis. If on-site tree mitigation is not possible or desirable, TRA will be required to pay into the City Logname: 80CHADWICK FARMS PARK TRA TEMP ACCESS AGREEMENT Page 1 of 2 Tree Fund the amount of$200.00 to $400.00 per caliper inch. The City Forester will be reviewing the proposed alignment and assessing the impacts. Chadwick Farms Park is located in COUNCIL DISTRICT 7. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies the Parks and Community Services Department is responsible for the collection and deposit of funds due to the City. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers C213 446310 801929990100 $50.000.00 CERTIFICATIONS: Submitted for City Manager's Office by. Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS 1. MC Map chadwick r aerial 1 rev.pdf (Public) 2. MC Map chadwick r route.pdf (Public) Logname: 80CHADWICK FARMS PARK TRA TEMP ACCESS AGREEMENT Page 2 of 2