HomeMy WebLinkAboutContract 47619 CITY SECRETARY/
COlVMCT N0.
/STORMWATER DRAINAGE PIPELINE LICENSE AGREEMENT
SUMMERFIELDS CHISHOLM PARK
This STORMWATER DRAINAGE PIPELINE LICENSE AGREEMENT("Agreement") is
hereby 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 and acting by and through Susan
Alanis, its duly authorized Assistant City Manager, and KELLER INDEPENDENT SCHOOL
DISTRICT ("Company"), a political subdivision of the State of Texas and a legally constituted
Independent School District within Tarrant County, Texas, acting by and through its duly authorized
representative.
The following statements are true and correct and constitute the basis upon which the City of Fort
Worth has executed this Agreement.
A. Company wishes to construct a Pipeline for stormwater drainage through a public park
known as Summerfields Chisholm Park for an approximate total distance of five hundred ninety-seven
linear feet(597')and a width of fifteen feet(15'),more or less.
B. The City has reviewed Company's request and agrees to grant Company a license to use
a portion of the surface and subsurface of Summerfield Chisholm Park as set out in Exhibit"A" in order
to construct, operate and maintain a stormwater drainage pipeline, on the terms and conditions set forth
herein.
Agreement
1. DEFINITIONS.
Capitalized terms used in this Agreement and not otherwise defined within this Agreement shall
have the following meanings:
Agreement shall mean the authorization issued to Company hereunder to use a portion of a
public park known as Summerfield Chisholm Park in the location as set out in Exhibit
"A" for(i) the construction, installation, maintenance, repair, and removal of Company's
Pipeline; (ii) the use of such Pipeline for stormwater drainage; and(iii) any other uses of
the Park directly related to construction, installation, use, maintenance, repair, and
removal of the Pipeline,pursuant to and in accordance with this Agreement.
Company shall mean Keller Independent School District, a political subdivision of the State of
Texas and a legally constituted Independent School District within Tarrant County,
Texas.
City shall mean the area within the corporate limits of the City of Fort Worth, Texas and the
governing body of the City of Fort Worth,Texas.
Director shall mean the Director of PARD or that individual's authorized representative or
designee.
PARD shall mean the City of Fort Worth Park and Recreation Department.
OFFICIAL RECORD
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park CITY SECRF, Y
FT-WORTH,TX
Park shall mean Summerfields Chisholm Park, which is located at 3970 Malibu Sun Drive, Fort
Worth, Texas, attached hereto and hereby made a part of this Agreement for all purposes.
Person shall mean, without limitation, an individual, a corporation, a limited liability company, a
general or limited partnership, a sole proprietorship, a joint venture, a business trust or
any other form or business entity or association.
Pipeline shall mean that certain thirty-inch (30") reinforced concrete pipe for an approximate
total distance of five hundred ninety-seven linear feet(597') that is installed by Company
in the Park in accordance with this Agreement.
2. GRANT OF RIGHTS.
2.1. General Use of Park.
Subject to the terms and conditions set forth in this Agreement and the City Charter and
ordinances, the City hereby grants Company a license to erect, construct, install, maintain, and
remove the Pipeline under, along and across the Licensed Premises as depicted in Exhibit "A",
which is attached hereto and incorporated herein for all purposes ("Licensed Premises").
2.2. Nonexclusive.
This Agreement and all rights granted to Company herein are strictly nonexclusive. The
City reserves the right to enter into and grant other and future licenses and other authorizations
for use of the Park and the Licensed Premises to other Persons and entities in accordance with
applicable law and as the City deems appropriate; provided, however, that as to the grant of
subsequent licenses for use of the Park that is solely within the discretion of the City, if a dispute
arises as to priority of the use of the Park or the Licensed Premises, the City will resolve such
dispute in a manner that does not result in unreasonable interference with Company's operation of
the Pipeline for the purposes provided for herein. This Agreement does not establish any priority
for the use of the Park by Company 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, 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.
2.3. Other Permits.
This Agreement does not relieve Company of any obligation to obtain permits, licenses
and other approvals from the City or other regulatory agency necessary for the construction,
installation,maintenance, repair or removal of Company's Pipeline.
2.4. Bonds.
2.4.1 Prior to the commencement of any construction work in the Park that requires a
cut, opening or other excavation, Company shall deliver to the City bonds executed by a
corporate surety authorized to do business in the State of Texas and acceptable to the City
in the proportional amount of the cost of work under the construction contract or
construction project that will be performed in the Park. The bonds shall guarantee (i)
satisfactory compliance by Company with all requirements, terms and conditions of this
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park 2 of33
Agreement and (ii) full payments to all persons, firms, corporations or other entities with
whom Company has a direct relationship for the performance of such construction,
maintenance or repairs.
2.4.2 If any such construction, maintenance, or repair work is undertaken by a
contractor of Company, Company shall also require such contractor to deliver to
Company bonds executed by a corporate surety authorized to do business in the State of
Texas and acceptable to the City in the proportional amount of the cost of work under the
construction contract or construction project that will be performed by the contractor in
the Park. The bonds shall guarantee (i) the faithful performance and completion of all
construction, maintenance or repair work in accordance with the contract between
Company and the contractor and(ii) full payment for all wages for labor and services and
of all bills for materials, supplies and equipment used in the performance of that contract.
2.4.3 All such bonds shall name both the City and Company as dual obligees.
3. TERM
This Agreement shall become effective on the date as of which both parties have executed it
("Effective Date") and shall expire at 11:59 P.M. Central Time (CT) twenty (20) years from the last date
of notarial acknowledgement on this Agreement unless terminated earlier as provided herein("Term").
4. FEES AND PAYMENTS TO CITY.
4.1. License Use Fee.
4.1.1 The Fort Worth City Council, through Mayor and Council Communication L-
15867, has authorized a waiver of the license fee for use of the Licensed Premises as set forth in
this Agreement. In doing so,the City Council found that protecting the parkland and the safety of
the general public from the deleterious effects of stormwater drainage and runoff by diverting
water into the subsurface of the Park serves a public purpose and that waiver of such license fees
will carry out such public purpose.
4.1.2 If, during the Term of this Agreement, the Company performs any activities
related to the Pipeline (including, but not limited to, the erection, construction, installation,
maintenance, and removal of the Pipeline) in the Park that are outside of the Licensed Premises,
then the Company shall 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 Company to operate outside of the Licensed Premises but merely to
assess a fee in the event that the Company operates on Park property outside of the Licensed
Premises. If such fee is incurred by the Company,then Company shall pay or cause the City to be
paid such fee within thirty(30) calendar days after receiving a written invoice from the Director.
4.2 Holdover Fee.
In the event Company fails to complete its Construction in accordance with the deadline
established under Section 6.1.2, Company shall be required to pay City a holdover fee of Four
Thousand Five Hundred Dollars and No Cents ($4,500.00) per week as a fee for the use of the
surface of the Licensed Premises past the deadline("Holdover Fee"). Such Holdover Fee shall be
payable in advance on the first day of each week, with the fust such week beginning on the day
after the deadline established under Section 6.1.2. In the event Company is in arrears for two or
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park 3 of 33
more Holdover Fee payments, (i) Company shall immediately suspend all operations within the
Park until all Holdover Fees have been paid in full, and (ii) in addition to any other remedies
provided by law or under this Agreement, City shall be entitled to take all reasonable steps to
prevent Company from further use of the Park until all Holdover Fees have been paid in full. If
Company fails to meet a deadline but City staff sees evidence that the Company is making
diligent effort to do so, the Director may, in exercise of his reasonable discretion, forgo the
payment of all or part of the holdover fees due hereunder.
4.3. Other Pavments.
Company shall pay the City all sums that may be due for property taxes, license fees,
permit fees, or other taxes, charges or fees that the City or other taxing jurisdiction may from
time-to-time impose on all other similarly situated entities within the City or taxing jurisdiction.
Company shall reimburse the City for publication of this Agreement as required by the City's
Charter.
4.4. Interest.
All sums not paid when due shall bear interest at the rate of ten percent(10%)per annum
or the maximum amount allowed by law, whichever is less, computed monthly. If such
outstanding sums are paid with interest within thirty (30) days following their respective due
dates, Company's failure to pay such sums by their respective due dates shall not,in and of itself,
constitute an Event of Default under Section 9 of this Agreement.
5. REGULATORY AUTHORITY OF THE CITY.
Company's property and operations hereunder shall be subject to such regulation by the City as
may be reasonably necessary for the protection or benefit of the general public. Company is obligated to
construct, operate, maintain, and remove the Pipeline pursuant to all applicable federal, state, and local
laws, including all ordinances, rules and regulations of the City, as same may be adopted and amended
from time-to-time.
6. USE OF THE PARK.
6.1 Construction Schedule
6.1.1. Pre-Construction Notice and Meeting Requirements. Company shall notify
the Director not less than ten(10)business days in advance of the proposed construction
start date("Notice of Commencement")and shall meet with appropriate City staff for the
purposes of a Pipeline pre-construction meeting not less than five (5)business days prior
to initiating construction. The purpose of the pre-construction meeting shall be to address
issues related to the installation of the Pipeline, including, but not be limited to: (i)
agreeing to the boundaries of any work areas to be used in the Park for purposes of
trenching or for storing equipment and supplies; (ii) agreeing to and staking any access
drives (the width of which shall not exceed twenty(20) feet) and any turnaround areas to
be used for ingress, egress, and turnaround for vehicles; (iii)identifying trees within the
Park (including those trees that are within fifty (50) feet of any access drive) that are
anticipated to be affected by the Pipeline installation and, therefore, subject to required
tree protection measures under this Agreement; and (iv) establishing the details for the
restoration of those areas of the Park that are disturbed by or during installation.
Stonnwater Drainage Pipeline License Agreement Summerfields Chisholm Park 4 of 33
6.1.2. Completion of Construction. Except as otherwise specified below,
Construction of the Pipeline shall be completed within sixty(60) calendar days from the
start date identified in the Notice of Commencement. For purposes of this provision,
the term"Construction"shall include,without limitation, restoration of the Park. If
Company anticipates that winter weather will render the disturbed area incapable of
growth, Company may submit a written request from a certified landscaper to the
Director proposing alternate restoration options, interim erosion control methods, and a
revised restoration schedule and deadline based on forecasted and actual weather
conditions. Such a request must be submitted to the Director at least two weeks prior to
the Construction deadline established herein. City shall, within five (5) business days,
issue its response regarding whether the proposed alternative schedule and erosion
control methods are approved. The completion deadline will be extended day-for-day,
for each day that Company's Construction is delayed under Section 19 of this Agreement.
Failure to complete Construction in accordance with the schedule described above
shall subject Company to payment of Holdover Fees in accordance with Section 4.2
and shall also be deemed an Event of Default and be subject to the terms in Section
10 of this Agreement. However, if Company fails to meet a deadline but City staff
sees evidence that Company is making diligent efforts to do so,the Director may, in
exercise of his reasonable discretion, forgo the payment of all or part of the
Holdover Fees due hereunder.
6.1.3. City Construction in Park. Not less than five(5)business days after receipt of
Company's Notice of Commencement, the City shall notify the Company of City plans
that involve construction on the surface of the Park that may conflict with Company's
construction schedule. In order to avoid any conflict with proposed construction by the
City, its agents, licensees, or invitees, Company agrees to delay its construction for a
period not to exceed ten(10)business days,and City agrees to coordinate the inclusion of
Company's construction requirements in overlapping areas of need.
6.1.4. Park Events. Not less than five (5) business days after receipt of the
Company's Notice of Commencement, the City shall notify the Company of planned
events in the Park that may conflict with Company's construction schedule. In order to
avoid any conflict with such events, Company agrees to schedule its construction to
accommodate such event, and City agrees to coordinate the inclusion of Company's
construction requirements in overlapping areas of need.
6.2. Compliance with Laws,Ordinances,Rules and Regulations.
The City has the right to control and regulate the use of the Park and the Licensed
Premises, public places and other City-owned property and the spaces above and beneath them.
Company shall comply with all applicable laws, ordinances, rules and regulations, including, but
not limited to, City ordinances, rules and policies related to construction permits, construction
bonds, permissible hours of construction, operations during peak traffic hours, barricading
requirements and any other construction rules or regulations that may be promulgated from time
to time.
63. No Undue Burden.
The Pipeline shall not be erected, installed, constructed, repaired, replaced, removed, or
maintained in any manner that places an undue burden on the present or future use of the Park by
the City and the public. If the City reasonably determines that the Pipeline does place an undue
Stormwater Drainage Pipeline l-icense Agreement Summerfields Chisholm Park 5 of 33
burden on any portion of the Park, including, but not limited to,the Licensed Premises, Company,
at Company's sole cost and expense and within a reasonable time period specified by the City,
shall modify the Pipeline or take other actions determined by the City to be in the public interest
to remove or alleviate the burden.
6.4. Minimal Interference.
Company will make all reasonable planning to minimize harm to the Park and shall
comply with conditions as set forth below:
6.4.1. Documenting Condition of Park. Company must provide Director with
videographic documentation of the condition of the Licensed Premises, access routes,
temporary workspaces, and trees identified at the pre-construction meeting as such exist
both before and after installation of the Pipeline. All such video must include a visible
date and time stamp indicating when the videography occurred. Company must submit
documentation of the pre-installation condition on or before the commencement of any
activities on the Park. Post-installation documentation must be submitted no later than
five (5) business days after the Construction deadline established under Section 6.1.2.
The Director will distribute copies of the documentation to all appropriate City personnel
to determine whether any damage has been done to the Licensed Premises, access routes,
temporary workspaces, or identified trees.
6.4.2. Conformance with Plans. The Pipeline will be constructed in accordance with
the specifications approved by the Director and in the Licensed Premises. No surface
excavation or tree disturbance shall be allowed in the Park except where specified by the
Director.
6.4.3. Pipeline Depth. For any open trench installation within the Park, the pipe shall
be buried at a minimum depth of four (4) feet. For purposes of this provision, the
referenced depths shall be measured from the top of the Pipeline, as installed, to the
surface of the Park. The City shall have the right, but not the obligation, to have an
inspector present to verify the installed depth of the Pipeline.
6.4.4. Work Areas. Company shall specify work areas prior to construction and shall
survey and stake said areas, notating the centerline and boundaries of the work areas as
agreed upon at the pre-construction meeting held in accordance with Section 6.1.1.
Travel outside of the designated work areas shall not be permitted. Any equipment to be
stored in the work area must be approved by the Director. No equipment may be stored
within the Park or the Licensed Premises at any location other than the designated work
areas.
6.4.5. Trenching and Compaction. Any trenching required in connection with the
installation of the Pipeline shall be performed by double-ditching, with the top twelve
inches (12") of soil being removed and stored separately from the balance of the dirt
being removed in making the ditch or trench for installation of the Pipeline. in
backfilling after installation of the Pipeline, the topsoil that was removed first shall be
placed back in the trench only after all remaining dirt has been resituated so as to result in
the topsoil being returned to the top of the ditch. After trenches have been refilled, they
shall be compacted to a minimum 90% Standard Proctor Density (S.S.T.M. D698).
Copies of all density testing shall be provided to a Director. Company shall verify in
Stonnwater Drainage Pipeline License Agreement Summerfields Chisholm Park 6 of 33
writing that all trenching, backfilling, and compaction were performed in accordance
with the above requirements.
6.4.6. Ingress and Egress. The Company shall use only those access drives agreed to
and staked during the pre-construction meeting. Any access gates used by Company
shall either remain locked at all times or, when opened for use by Company, be manned
for security purposes. Company temporary access and turn around needs shall be agreed
upon and staked during the pre-construction meeting. Company is to maintain and
restore the utilized access drives to as good as a condition or better than existed before
Company's construction activity.
6.4.7. Equipment. The area defined as a temporary workspace for equipment, storage
of pipe and as a route of ingress and egress for vehicles shall be within the Licensed
Premises and as approved at the pre-construction meeting as contemplated in Section
6.1.1. Equipment to be stored on the Licensed Premises must be cleared in advance with
the Director.
6.4.8. Equipment Travel. All equipment shall remain within the designated area of the
Licensed Premises. Travel outside of such designated areas shall not be permitted. All
access travel ways shall be fenced in with orange vinyl fencing. Such fencing shall
remain in place at all times during the construction and restoration period. Pursuant to
the terms of this Agreement, upon completion of construction, any damage from
Company activity to cable fences and the Park surface shall be repaired or replaced to as
good or better condition than existed prior to Company construction activity in the Park;
provided, however, Company shall immediately notify City of any damage during
construction to utilities used to service the Park. Upon notification, the Director shall
determine the method of repair, and Company shall immediately repair and restore the
disturbed area to as good or better condition than existed prior to the Company's
construction activity in the Park.
6.4.9. Temporary Fencing. The perimeter boundaries of all travel ways, temporary
workspace and any storage areas are to be fenced with orange vinyl fencing, which shall
remain in place until such time as (i) the site has been restored by Company as provided
in this Agreement and (ii) such restoration has been inspected and accepted by the
Director.
6.4.10. Vegetation Requirements.
a. Company shall not cut or remove any trees on the Licensed Premises. To
minimize damage during construction, Company shall install orange mesh
fencing on the outside drip line of trees and other vegetation specifically
identified by the Director at the above-referenced pre-construction meeting and
as outlined in accordance with Exhibit `B", which is attached hereto and
incorporated herein for all purposes. Company shall notify the Director once the
tree and vegetation protection measures have been installed and allow the
Director an opportunity to inspect the work before construction begins. The City
shall have at least two (2) business days following the date on which notice is
received to conduct its inspection. The Company may begin construction on or
after the second (2,d) business day following the date on which it provided notice
to the City unless the City contacts the Company and identifies specific issues
that render the tree and vegetation protection measures unacceptable.
Stormwater Drainage Pipeline License Agreement Summertields Chisholm Park 7 of 33
b. Company shall ensure that tree protection fencing remains in place
throughout the License Period or any extended License Period. If any tree within
the Park is damaged in connection with Company's operations, Company agrees
to undertake remediation efforts, including, but not limited to, paying of
remediation costs, in accordance with Exhibit "C", 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.
C. To minimize erosion and harm to grass or other ground cover plantings
during the Pipeline installation, Company shall provide ground cover for all
disturbed surface areas. Ground cover must be approved by the Director and
may include a combination of straw, seeding, sod, or other materials. Following
construction and installation of the Pipeline, Company shall replant, reseed, and
water any area disturbed by the construction of the Pipeline as many times as
necessary until a stand of grass is in place that is comparable to that which was
originally in place, before the disturbance. The grass shall have an established
root system that shall be approved and accepted by the Director. Restoration of
surface areas disturbed shall be seeded and maintained according to the
specifications in Exhibit "D"; Company shall stockpile any and all excavated soil
from the Pipeline construction for use in surface restoration. Importing of
outside soil shall not be allowed.
6.4.11. Foreign Material.
a. For purposes of this section, the term "Foreign Material" shall mean
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. Except as otherwise provided in this Section, Company shall not
knowingly cause or permit any Foreign Material to be released, brought, stored,
or produced on or in the licensed area or City property in connection with
Company's operations under this Agreement, provided, however, that Company
shall be authorized, to store, handle, and use materials that are reasonably
necessary for the construction or operation of the Pipeline 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) Company maintains Material
Safety Data Sheets on-site when such chemicals are present and provides that
information to the City on request. Company shall take all actions necessary to
stop the release or presence of Foreign Material in connection with Company's
operations. Any waste produced from Company operations will be the full
responsibility of the Company to cleanup, handle, store, transport and
dispose. As part of the consideration for this Agreement, Company waives any
claim that this Agreement in any way confers generator status on the City for
waste produced from Company operations.
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C. If, during the course of construction, operation, maintenance, repair, or
replacement of the Pipeline, Company encounters material that Company
knows, suspects, or has reason to believe constitutes Foreign Material,
Company shall 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.
d. Company shall notify the City in accordance with the Notice section of
this Agreement of any release from Company operations and the presence or
release of suspected Foreign Material or Foreign Material. NOTIFICATION
MUST OCCUR WITHIN ONE HOUR AFTER CONFIRMATION BY
COMPANY'S ENVIRONMENTAL HAZARD SERVICES PERSONNEL
BUT UNDER NO CIRCUMSTANCES LATER THAN TWELVE HOURS
AFTER INITIAL RELEASE OR DISCOVERY.
e. As part of the consideration for the license under this Agreement,
Company shall be responsible for the cost and expense necessary to construct,
operate, maintain, repair, remove, or replace the Pipeline in accordance with
any federal, state or local laws regulating the environment as well as other
applicable regulations. Company will be fully responsible for, in accordance
with any federal, state or local laws, testing, storing, removing, loading,
transporting, and disposing of Foreign Material and suspected Foreign Material
encountered during the construction, operation, maintenance, repair, or
replacement of the Pipeline. As part of the consideration for this Agreement,
City waives any claim that this Agreement in any way confers generator status
on the Company for Foreign Material and suspected Foreign Material that is
pre-existing on City property.
f. Any environmental assessment, cleanup, removal or disposal action
will have to meet the standards set forth by the City's Environmental
Management Division. City will provide necessary personnel to work with
Company regarding suspected Foreign Material or Foreign Material
encountered during the work.
6.5. Emergency Procedures.
6.5.1. For purposes of this Section, a public emergency shall be any condition which, in
the opinion of the City officials specified below, poses an immediate threat to life, health
or property and is caused by any natural or man-made disaster, including, but not limited
to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials
spills. In the event of a public emergency, the City shall have the right to take whatever
action is deems appropriate by the City Manager, Mayor, Police Chief or Fire Chief, or
their authorized representatives, including, but not limited to, action that may result in
damage to the Pipeline, and Company hereby (i) releases the City, its officers, agents,
servants, employees and subcontractors from liability or responsibility for any Damages,
as defined in this Agreement, that may occur to the Pipeline or that Company may
otherwise incur as a result of such a response, and (ii) agrees that Company, at
Company's sole cost and expense, shall be responsible for the repair, relocation or
reconstruction of all or any of its Pipeline that is affected by such action of the City. In
responding to a public emergency, the City agrees to comply with all local, state and
federal laws, including any requirements to notify the Texas One Call System, to the
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extent that they apply at the time and under the circumstances. In addition, if the City
takes any action that it believes will affect the Pipeline, the City will notify Company as
soon as practicable so that Company may advise and work with the City with respect to
such action.
6.6. Surface Repairs Due to Installation or Other Company Activity.
Following any construction activity by or on behalf of the Company that affects the
surface of the Park (including, but not limited to, construction activity related to initial
installation, operation, maintenance, or removal of the Pipeline), Company, at its sole cost and
expense, and in a manner approved by the City, shall promptly restore any portion of the Park,
Public Rights of Way, or other City-owned property that are in any way disturbed or damaged by
the construction activity to a condition that is at least as good as the one in which such property
was found immediately prior to the construction activity. Unless otherwise specified in this
Agreement or by the City, Company shall diligently commence such restoration within thirty(30)
calendar days following the final date of construction activity by or on behalf of the
Company. All materials for restoration of the Park shall be inspected and approved by the
Director prior to placement. Any soil and grass used in connection with the restoration shall be
accompanied by supporting documentation certifying that the quality meets or exceeds
specifications required pursuant to the specifications attached in Exhibit "D". All planting
material shall be inspected by the Director prior to installation. Company will water each
affected area as many times as necessary until a stand of grass is established comparable to that
which was originally in place before the construction activity. Surface areas to be restored shall
be determined by the Director. In the event of a drill mud or other spill, Company shall
immediately notify the City and coordinate with the Director the removal of any and all
contaminated soil from the property in accordance with all applicable state and federal laws.
6.7. "As-Built"Plans and Maps.
Company, at Company's sole cost and expense, shall provide the City with as-built plans
of all portions of the Pipeline within ninety (90) calendar days following the completion of such
Pipeline. Company shall supply the textual documentation of such as-built plans and maps in
computer format as requested in writing by the Director and shall otherwise fully cooperate with
the City in ensuring that the Pipeline is accurately reflected in the City's mapping system.
6.8. Surface Excavation and Additional Fees.
The City shall have the right to coordinate all excavation work in the Park and the
Licensed Premises in a manner that is consistent with and convenient for the implementation of
the City's program for public dedicated open space. In order to preserve the integrity of the Park,
Company shall not cut, excavate or otherwise breach or damage the surface of the Park except as
permitted under the terms of this Agreement.
6.9. Relocation of Pipeline.
Within forty-five(45)calendar days following a written request by the City, Company, at
Company's sole cost and expense, shall protect, support, disconnect or relocate to another portion
of the Park all or any portion of its Pipeline due to street or other public excavation,construction,
repair, grading, re-grading or traffic conditions; the installation of sewers, drains, water pipes or
municipally-owned facilities of any kind; the vacation,construction or relocation of streets or any
other type of structure or improvement of a public agency; any public work; or any other type of
Stormwater Drainage Pipeline license Agreement Summerfields Chisholm Park 10 of 33
improvement necessary, in the City's sole discretion, for the public health, safety or welfare. If
Company reasonably requires more than forty-five (45) calendar days to comply with the City's
written request, it shall notify the Director in writing, and the City will work in good faith with
Company to negotiate a workable time frame.
6.10. Removal of Pipeline.
6.10.1 Upon the revocation, termination or expiration without extension or renewal of
this Agreement, Company's right to use the Licensed Premises under this Agreement
shall cease and Company shall immediately discontinue its use. Within six (6) months
following such revocation, termination or expiration and, if the City requests, Company,
at Company's sole cost and expense, shall remove the Pipeline from the Licensed
Premises. If Company has not removed the Pipeline within six (6) months following
revocation, termination or expiration of this Agreement as set forth herein, the City may
deem any portion of the Pipeline remaining in the Park abandoned and, at the City's sole
option, (i) take possession of and title to such property or(ii)take any and all legal action
necessary to compel Company to remove such Pipeline.
6.10.2 Within six (6) months following revocation, termination or expiration of this
Agreement and in accordance with Section 10 of this Agreement, Company shall also
restore any property, public or private, that is disturbed or damaged by removal of the
Pipeline. If Company has not restored all such property within this time, the City, at the
City's sole option, may perform or have performed any necessary restoration work, in
which case Company shall immediately reimburse the City for any and all costs incurred
in performing or having performed such restoration work.
7. LIABILITY AND INDEMNIFICATION.
7.1. Liability of Company.
7.1.1 Company shall be liable and responsible for any and all damages, losses,
liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands,
defenses,judgments, lawsuits, proceedings, costs, disbursements or expenses (including,
without limitation, fees, disbursements and reasonable expenses of attorneys, accountants
and other professional advisors and of expert witnesses and costs of investigation and
preparation) of any kind or nature whatsoever (collectively "Damages"), which may
arise out of or be in any way connected with (i) the construction, installation, operation,
maintenance or condition of the Pipeline or any related facilities or appurtenances; (ii)
any claim or lien arising out of work, labor, materials or supplies provided or supplied to
Company, its contractors or subcontractors; or(iii) Company's failure to comply with any
federal, state or local law, ordinance, rule or regulation, except to the extent directly
caused by the grossly negligent act(s) or omission(s) or intentional misconduct of the
City.
7.1.2 COMPANY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY
FOR PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY OF
ANY KIND, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH ITS USE OF THE PARK UNDER
THIS AGREEMENT OR WITH THE USE, MAINTENANCE, OCCUPANCY,
EXISTENCE OR LOCATION OF THE PIPELINE, EXCEPT TO THE EXTENT
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park I 1 of 33
CAUSED SOLELY BY THE GROSS NEGLIGENCE OR INTENTIONAL
MISCONDUCT OF THE CITY.
7.2 Indemnification.
COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL, TO THE
EXTENT ALLOWED BY LAW INDEMNIFY AND HOLD HARMLESS THE CITY, ITS
OFFICERS, BOARDS, COMMISSIONS, AGENTS, EMPLOYEES, REPRESENTATIVES,
AND VOLUNTEERS ("INDEMNITEES"), FROM AND AGAINST ANY AND ALL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUES, WHICH MAY
ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH (I) THE CONSTRUCTION,
INSTALLATION, OPERATION, MAINTENANCE, REMOVAL, OR CONDITION OF THE
PIPELINE OR ANY RELATED FACILITIES OR APPURTENANCES; (II)ANY CLAIM OR
LIEN ARISING OUT OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR
SUPPLIED TO COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS, OR (III)
COMPANY'S FAILURE TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW,
ORDINANCE, RULE OR REGULATION, EXCEPT TO THE EXTENT DIRECTLY
CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL
MISCONDUCT OF THE CITY.
7.3 Assumption of Risk and Environmental Remediation.
7.3.1 COMPANY HEREBY REPRESENTS TO THE CITY THAT (i) COMPANY
HAS FULLY INSPECTED THE LICENSED PREMISES, (ii) COMPANY IS
SATISFIED WITH THE CONDITION OF THE LICENSED PREMISES, AND (iii)
COMPANY HAS BEEN FULLY ADVISED OF ITS OWN RIGHTS WITHOUT
RELIANCE UPON ANY REPRESENTATION MADE BY THE CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, COMMISSIONS, BOARDS OR VOLUNTEERS. COMPANY
HEREBY UNDERTAKES AND ASSUMES, FOR AND ON BEHALF OF
COMPANY, ITS OFFICERS, AGENTS, CONTRACTORS, SUBCONTRACTORS
AND EMPLOYEES, ALL RISK OF DANGEROUS CONDITIONS, IF ANY, ON OR
ABOUT THE LICENSED PREMISES AND THE PARK.
7.3.2 ALTHOUGH, TO THE BEST OF THE CITY'S KNOWLEDGE, THE PARK
COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
ENVIRONMENTAL LAWS AND REGULATIONS (COLLECTIVELY
"ENVIRONMENTAL LAWS'), THE CITYDOES NOT WARRANT SUCH. COMPANY
HEREBY COVENANTS AND AGREES THAT COMPANY,AT ITS SOLE COST AND
EXPENSE, SHALL BE FULLY RESPONSIBLE FOR THE VIOLATION OF ANY
ENVIRONMENTAL LAWS CAUSED, IN WHOLE OR IN PART, BY COMPANY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS OR INVITEES, AND ANY REMEDIATION THAT MAY BE
REQUIRED AS A RESULT OF SUCH VIOLATION, EXCEPT TO THE EXTENT
CA USED BY THE CITY.
7.4. Defense of Indemnitees.
In the event any action, lawsuit or other proceeding is brought against any Indemnitees
by reason of any matter for which the Indemnitees are indemnified hereunder, the City shall give
Company prompt written notice of the making of any claim or commencement of any such
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park 12 of 33
action, lawsuit or other proceeding, and Company, at Company's sole cost and expense, shall
resist and defend the same with reasonable participation by the City and with legal counsel
selected by Company and specifically approved by the City. In such an event, Company shall not
admit liability in any matter on behalf of any Indemnitees without the advance written consent of
the City.
8. INSURANCE.
Company shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance to provide coverage as 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 Licensed Premises and the construction, installation, operation, maintenance or
condition of the Pipeline. The insurance required hereunder may be provided by a combination of
self-insurance,primary and excess policies.
8.1. Primary Liability Insurance Coverag
8.1.1 Commercial General Liability:
a. $5,000,000.00 per occurrence, $10,000,000.00 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; (vii)underground resources damage; (viii)independent contractors
protective liability; and(ix)broad-form property coverage.
8.1.2 Environmental Impairment Liability(EIL) and Pollution Liability:
a. Company shall purchase and maintain in force throughout the term of this
Agreement, insurance and protection for bodily injury; property damage,
including loss of use of damaged property or of property that has not been
physically injured or destroyed; cleanup costs; and defense, including costs and
expenses incurred in the investigation, defense, or settlement of claims; all in
connection with any loss arising from the Pipeline site. Coverage shall be
maintained in an amount of$5,000,000.00 per loss, with an annual aggregate of
$10,000,000.00.
b. Coverage shall apply to gradual pollution; seepage; sudden and accidental
pollution conditions resulting from the escape of smoke, vapors, fumes, acids,
alkalis, toxic chemicals, liquids, or gasses; waste material; or other irritants,
contaminants or pollutants.
c. If EEL is written on a "claims made" basis, the Company must maintain
continuous coverage and purchase Extended Coverage Period Insurance, when
such coverage is not otherwise included as part of the basic policy, for as long
as this Agreement is in effect and for five (5) years after its termination or
expiration.
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park 13 of 33
8.1.3 Property Damage Liability:
a. $10,000,000 per occurrence
8.1.4 Automobile Liability:
a. $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.
8.1.5 Worker's Compensation:
a. As required by law; and,
b. Employer's Liability-$1,000,000.00 per accident.
c. Such coverage shall include a Waiver of Subrogation in favor of the City and
provide coverage in accordance with applicable State and Federal Laws.
8.2. 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. Company agrees that
within sixty (60) calendar days of receipt of written notice from the City, Company will make all
reasonable efforts to implement all such revisions requested by the City and,if Company is unable to
implement such revisions, Company shall provide the City with one or more specific reasons why
Company could not implement such revisions. Each policy of insurance shall include an
endorsement providing that 30 calendar days' notice of cancellation or change in coverage will be
furnished to the certificate holder.
8.3. Underwriters and Certificates.
Company shall procure and maintain its insurance with underwriters authorized to do
business in the State of Texas and who are acceptable to the City in terms of solvency and financial
strength. Within thirty (30) days following adoption of this Agreement by the City Council,
Company shall fiunish 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,
Company shall, on demand, provide the City with evidence that it has maintained such coverage in
full force and effect.
8.4. 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.
8.5. No Limitation of Liabilitv.
The insurance requirements set forth in this Section 8 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 Company's liability to the City or other persons as provided
by this Agreement or law.
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park 14 of 33
9. DEFAULTS.
The occurrence at any time during the term of this Agreement of one or more of the following
events shall constitute an"Event of Default"under this Agreement:
9.1. Breach.
An Event of Default shall occur if Company materially breaches or violates any of the
terms, covenants, representations or warranties set forth in this Agreement or fails to perform any
obligation required by this Agreement.
9.2. Bankruptcy, Insolvency or Receivership.
An Event of Default shall occur if Company (i) files a voluntary petition in bankruptcy;
(ii) is adjudicated insolvent; (iii) files any petition or fails to contest any petition filed against it
seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or
similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for
debtors; (iv) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master,
custodian or liquidator of Company, any of Company's property or any revenues, issues, earnings
or profits thereof, (v) makes an assignment for the benefit of creditors; or (vi) fails to pay
Company's debts generally as they become due.
9.3. Violations of the Law.
An Event of Default shall occur if Company violates any existing or future federal, state,
or local laws,ordinances,rules and regulations of the City.
9.4 Failure to Complete Construction.
An Event of Default shall occur if Company fails to complete construction of the Pipeline in
accordance with Section 6.1.2.
10. UNCURED DEFAULTS AND REMEDIES.
10.1. Notice of Default and Opportunity to Cure.
If an Event of Default occurs, the City shall provide Company with written notice and
shall give Company the opportunity to cure such Event of Default. For an Event of Default that
can be cured by the immediate payment of money to the City, Company shall have thirty (30)
calendar days from the date it receives written notice from the City to cure the Event of Default.
For any other Event of Default, Company shall have sixty (60) calendar days from the date it
receives written notice from the City to cure the Event of Default. If any Event of Default is not
cured within the time period specified herein, such Event of Default shall, without further notice
from the City, become an "Uncured Default" and the City immediately may exercise the
remedies provided in Section 10.2.
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park 15 of 33
10.2. Remedies for Uncured Defaults.
Upon the occurrence of an Uncured Default, the City shall be entitled to exercise, at the
same time or at different times, any of the following remedies, all of which shall be cumulative of
and without limitation to any other rights or remedies the City may have:
10.2.1. Termination of Agreement.
Upon the occurrence of an Uncured Default, the City may terminate this
Agreement. Upon such termination, Company shall forfeit all rights granted to it under
this Agreement and, except as to Company's unperformed obligations and existing
liabilities as of the date of termination, this Agreement shall automatically be deemed
null and void and shall have no further force or effect. Company shall remain obligated
to pay any payments due up to the date of termination. Company shall remove the
Pipeline from and restore the Park as and when requested by the City. The City's right to
terminate this Agreement under this Section 10.2.1 does not and shall not be construed to
constitute any kind of limitation on the City's right to terminate this Agreement for other
reasons as provided by and in accordance with this Agreement.
10.2.2. Legal Action against Company.
Upon the occurrence of an Uncured Default, the City may commence against
Company an action at law for monetary damages or in equity, for injunctive relief or
specific performance of any of the provisions of this Agreement which, as a matter of
equity, are specifically enforceable.
11. COMPANY AS INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Company shall operate as an independent contractor as to
all rights and privileges granted by this Agreement, and not as an agent, representative or employee of the
City. Company shall have the exclusive right to control the details of its business and other operations
necessary or appurtenant to the transportation of Gas in accordance with the terms and conditions of this
Agreement, and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors and subcontractors. Company acknowledges that the doctrine of respondeat superior
shall not apply as between the City and Company, its officers, agents, employees, contractors and
subcontractors. Company further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between the City and Company.
12. ASSIGNMENT PROHIBITED.
Company may not assign or otherwise transfer any of its rights or obligations under this Agreement
unless specifically authorized in writing by the City,which authorization shall not be unreasonably withheld.
13. NOTICES.
Except as otherwise provided below, notices required pursuant to the provisions of this Agreement
shall be conclusively determined to have been delivered when(i)hand-delivered to the other party, its agents,
employees, servants or representatives, or (ii) received by the other party by United States Mail, postage
prepaid,return receipt requested,addressed as follows:
To THE CITY: To COMPANY:
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park 16 of 33
City of Fort Worth Kecib le! ct
Park and Recreation Department
Attn:Director
4200 South Freeway
Fort Worth,TX 76115 Keller,Texas'1
with a copy to: with a_copy to:
City of Fort Worth
Department of Law
Attn: City Attorney
1000 Throck_morton
Fort Worth,TX 76102
14. NON-DISCRIMINATION COVENANT.
Company shall not discriminate against any person on the basis of race, color, national origin,
religion, handicap, sex, sexual orientation or familial status in the receipt of benefits from Company's
business operations,in any opportunities for employment with Company or in the construction or installation
of the Pipeline.
15. NO WAIVER.
The failure of the City to insist upon the performance of any term or provision of this Agreement or
to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a
waiver of the City's right to insist upon appropriate performance or to assert any such right on any future
occasion.
16. GOVERNING LAW AND VENUE
This Agreement shall be construed pursuant to and in accordance with the laws of the United States
of America and the State of Texas. If any action,whether real or asserted,at law or in equity,arise out of the
terms of this Agreement, venue for such action shall lie exclusively in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas,Fort Worth Division.
17. CONFERENCES.
At the request of either the City or Company,the City and Company shall meet at reasonable times
and upon reasonable notice to discuss any aspect of this Agreement, Company's Pipeline, Company's
operations in the City,or Company's use of the Park.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final order
entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall
be final only to the extent that all available legal rights and remedies pertaining to such order, including,
without limitation all available appeals,have been exhausted. In such an event,the City and Company agree
that they shall amend or have amended this Agreement to comply with such final order entered by a court of
competent jurisdiction.
( Stor►nwater Drainage Pipeline License Agreement Summerfields Chisholm Park 17 of 33
19. FORCE MAJEURE.
In the event Company's performance of any of the terms, conditions or obligations required by this
Agreement is prevented by a cause or event that is not within Company's reasonable control,Company's non-
performance shall be deemed excused for the period of such inability. Causes or events that are not within
the Company's control shall include, but not be limited to, acts of God, strikes, sabotage, riots or civil
disturbances, failure or loss of utilities, explosions,natural disasters, City Construction as defined by Section
6.1.3,and Park Events as defined by Section 6.1.4.
20. HEADINGS NOT CONTROLLING.
Headings and titles, other than those captions in Section 1, that are used in this Agreement are for
reference purposes only and shall not be deemed a part of this Agreement.
21. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents incorporated
herein by reference, contains the entire understanding and agreement between the City and Company as to
the matters contained herein. 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 and approved by the City Council of the City.
EXECUTED as of the later date below:
CITY OF FORT WORTH: KELLER INDEPENDENT SCHOOL
DISTRICT
By: By:
S 4�77t� VIA4-
Alanis
Assistant City Manager
Date: Date: -3�/®��/�
7APPR AS 0 AND LEGALITY:
Tyler F. a ch
Assista 1ty Attorney Fop
ATTE ko
�1
Miry fays,
$
City Secret
9AS
Authorization:
M&C: L-15867 OFFICIAL RECORD
Date:February 9,2016 CITY SECRETARY
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park FT. WORTH,TX18 f 33
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this �j day of �� 2016, by Susan
Alanis,Assistant City Manager of the City of Fort Worth,Texas, a municipal corporation, on behalf of the
City of Fort Worth,Texas.
Al
N y Public, State of Texas
LINDA M. HIRRLINGER
;ary Public.State of Texas
Comm.Expires 02-02-2018 M commission expires:
Notary ID 12414474-6 y p
My commission number:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this « day of 7Y1 q4-cjn , 2016, by
KaiNn Aamen SeCu rtt for the Keller Independent School District, a political
subdivision of the State of Texas and a legally constituted Independent School District within Tarrant
County, Texas,on behalf of said independent school district.
a-- a ' a� A' 's - - "
KAITLYN NGUYEN Notary Pu 1c, State of Texas
Notary PWIC.State of Tiros
: a Mr Commisslon Expires 2p
o? May 7.2017 My commission expires:
My commission number: a- g 4 j Ljs®—O
Stonnwater Drainage Pipeline License Agreement Summerfields Chisholm Park 19 of 33
EXHIBIT"A"
"Storm Drainage License Area"
0.204 acres of land situated in the W. Thompson Survey, Abstract No. 1498, City of Fort
Worth,Tarrant County,Texas and being a portion of a tract of land described in deed to the
City of Fort Worth,as filed in Volume 12484,Page 1120, Deed Records of Tarrant County,
Texas(D.R.T.C.T.)and being more particularly described by metes and bounds as follows:
BEGINNING in the west line of said City of Fort Worth tract and being in the east line of Lot
26,Block 14,Fossil Hill,an addition to the City of Fort Worth,Tarrant Count,,,T&)as,as filed
in Cabinet B,Slide 850,Plat Records of Tan-ant County,Texas(P.R.T.C.T. Iidsn Which a 5/8
inch iron rod found at the northeast comer of said Lot 26 in the west app of said Oily.of Fort
Worth tract,bears N 00°28'34"W,a distance of 364.95 feet and frorxWYli a 1/2 inch iron rod
found at the southeast comer of said Lot 26,also being the southwestitp(nB-v,
)of 25R,Block
14,Fossil Hill,an addition to the City of Fort Worth,Tarrant County,Tdas filed in Cabinet
A. Slide 2330,P.R.T.C.T., bears S 00°28'34"E,passing the sofest wilier of said City of
Fort Worth tract and the northwest corner of said Lot 25R,and continUift,a distance of 182.81
feet and S 00°31'06"E,continuing along said line,a distance of 4?If.80 feet,
THENCE N 891-29'35"E,over and across said Grt< rf oitV,&th tract,a distance of 590.10 to
the east line of said City of Fort Worth tract." in in the west line of a 60' Drainage
R-O-W,as filed in Cabinet A.Slide 2219,1?#.T.0 ;and being the beginning of a non-tangent
curve to the right whose radius is 420.00 feet and -long chord bears S 2236'1.2"E, a
distance of 16.19 feet; '
THENCE along said curve in as�utheas ie ,-clircc6n through a central angle of 02°12'31",an
arc length of 16.19 feet; ^
THENCE S 89029157'V ver and nc .'
ss said City of Fort Worth tract,a distance of 596.19
to the west line of siH tartyof rt Worth tract,also being in the east line of said Lot 26,
THENCE N 00°28'x"W,along the west line of said City of Fort Worth tract and along the
east line o� Lot 6 a'distance of 15.00 feet to the POINT OF BEGINNING and
containm 9s, sect or 0.204 of an acre of land.
Date:February 8,2016
Theron 1Ntrns,R.P.L.S.
Texas Registration No.5887
Surveyed on the ground June 2,2015
1.Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983(North
Central Zone; NAD83(2011)Epoch 2010)as derived locally from Western Data Systems Continuously
Operating Reference Stations(CORS)via Real Time Kinematic(RTK)methods.An average Combination
Factor of 1.0001512469 was used to scale grid coordinates and distances to surface.
2.Integral parts of this survey:
a.Legal Description&Sketch
Shed lof2
H11C 15139
Stormwater Drainage Pipeline License Agreement Summerfrelds Chisholm Park 20 of 33
NOTES.•
1) Bearknos of 11nes shown hereon refer Ito Orld North at to Tom Coordinate
System of 1963(North Central Zone;NAD63(2011)Epoch 2010)86 derfired lovely
OW OF FORT OMM from Western Data Systems ContirKm3ly Opera ft Reference St3bDm(CORS)vis
VOL 12484, PC. 1120 Red Tuft ranematic (RTK) methods. Am average Combnabon Factor d
D.R.TC.r 518.AW 1.0001512469 was used to orale grid coortfinales and distances io surface.
(COMMM NOK) Z AddMorud easomenis may WJM and not be shown.
31 kuYspralparts of this umvwr.
a-Lood Description
IL
ifl SCALE 1"-50'
0 1499
ASST.
Cq
b CnY OF FWT MOM
0 WL 12484, PG. 1120
z DJETCE
P.O.B STORM DR4194GE
N00*28'34"W U4MEMACE AGREEMNT
N8T29'35E, 590.10'
.www70 V7
..............
.... ......................................
...........
-J tu
... ....
............. .......
............ .. ---"";— . . ............. ....... ...........
----—-- . ..... ......... . .................................................
R:X . -204 Ac.
....................................... .:......................
....................... ......... .......................
....................................
o.
s89,29'35W 596-19' A=07 12*31
C� R-420.00'
5! L=16.19'
00.(Or 8-�3e
15 0�
Ld CB=S2736'12"E
CL-16.19'
LOT 25R, BLK. 14
FOSSIL HILL PRELINKARY-THIS DOCUMENT SHALL NOT
BE RECORDED FOR ANY PURPOSE AND
b CAS A. SLIDE 2330P.R.T.C.T SHALL NOT BE USED OR VIEWED OR RELIED
UPON AS A FINAL SURVEY DOCUMENT
THERON W. SIMS, R.P.LS.
TEXAS REGISTRATION NO. 5887
b February 8. 2016
DATE:
Surveyed an the ground June 2, 2015
rD
F,)(]MlT"A"
112.1W STORM DRAINAGE
(COWRa MON.) LICENSE AREA
SUMWRFL9LDS BLVD. Siftumod in the W.ItonVoca Survey,Absbact No. 1498.City of Fort
(100- WIDE R—O—W) worth,Taraw couety,Texas.
teague nail & perkins
AN
I 100 Macon Strom P Fort Worth,Twws 76102
tn
017.396.5779 ph 817-332.7756fx
JOB No. HUC 15139 www.tnpinc.com SHEET 2 or!O�
\\rWSDSI\Suevey\PROJECTS\HUC15IJ9\end\survey\Ecismenfs\a204 Ac Storm Wow&Wbitdy
Stormwater Drainage Pipeline License Agreement Surnmerfields Chisholm Park 21 of 33
M
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W 6x6 Timber Matting a
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N.T.S. Tree protection fencing shall be orange
mesh or chain link and installed at the
edge of travel way
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P'` "" COUMUNM
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SERVICES DEPT. TREE ROOT PROTECTION DETAIL -- °
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0
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PAR" D COUMUMMTREE PROTECTION TRENCH DETAIL
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EXHIBIT "C"
DAMAGE TO 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 COMPANY. Failure to replace damaged trees shall be considered a breach of contract and COMPANY
shall be assessed for damages. Slight or moderate damage to trees will result in assessment of damages.
ASSESSMENT OF DAMAGES TO TREES
1.1. Company 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
Company 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. Company 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. Company shall be
responsible for any planting, watering, mulching and maintenance of replacement trees for a period
of not less than 2 years. Company 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
less than 1/3 trunk caliper, whichever is less. Slight damage shall also include removal or lying
down of protective tree fencing prior to the end of construction, storing equipment or supplies
within the critical root zone(CRZ), or disposing of paint or concrete within the CRZ but not closer
to the trunk than 50% radius of the CRZ. Slight damage to trees shall be assessed at a rate of
$100.00 for each instance. For each day that tree fencing is not properly placed, equipment or
supplies are stored within CRZ, or fill is stored within the CRZ, shall be considered one instance.
1.7. Moderate damage shall be defined as damage, in the opinion of the City Forester,that contributes to
the poor health and reduced longevity of the tree, and examples include, but are not limited to,
scaring of the trunk into the cambial layer greater than 2" but less than 1/3 of the trunk
circumference or breaking of limbs more than 2" in diameter but less than 1/3 trunk caliper.
Moderate damage shall also include compaction of soil,grading or filling in 20%of the CRZ on one
of four sides but outside the 50% radius of the CRZ, or disposing of paint or concrete within 50%
radius of the CRZ.Moderate damages shall be calculated at a rate of'/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
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park 24 of 33
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 Company shall be removed by the Parks and
Community Services Department's Forestry Section Tree Removal Contractor at Company'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 Company will be automatically assessed damages. Damages as
described herein shall be deducted from payments otherwise due to Company.
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.
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park 25 of 33
EXHIBIT"D"
SEEDING AND SODDING
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
1. 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
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.
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park 26 of 33
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 Purity Germination
25 Bermuda(unhulled) Cynodon dactylon 85% 90%
75 Bermuda (hulled) Cynodon dactylon 95% 90%
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 1 and October 1
and shall consist of:
Lbs. PLS/Acre Common Name Botanical Name
1.6 Green Sprangletop Leptochloa dubia
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park 27 of 33
5.5 Sideoats Grama* Bouteloua curtipendula
3.7 Little Bluestein* Schizachyrium scoparium
17.0 Buffalograss Buchloe dactyloides
1.8 Indian Grass* Sorghastrum nutans
0.5 Sand Lovegrass* Eragrostis trichodes
6.0 Big Bluestein 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.
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.
Stotmwater Drainage Pipeline License Agreement Summerfields Chisholm Park 28 of 33
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
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(I") 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
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park 29 of 33
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
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(21) days, or
2. Until seeds have germinated and have rooted in soil, (see 3.04.B.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
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park 30 of 33
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
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park 31 of 33
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 pounds 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
}iarmful chemicals. "New Life Soil Conditioner"or"Perma Green Compost",as specified below
or an approved equal,shall be used. Raw organics are not acceptable.
A. For soil with an 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 pH condition: Use"Perma 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.
TURF SOW NG
02930
.2-
Stormwater Drainage Pipeline License Agreement Summerfields Chisholm Park 32 of 33
"w
—
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
A. Scarify subgrade to a depth of three inches before depositing the required topsoil.
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,
0* rubbish,weeds and stones larger than one inch in diameter.
a*
D Fine Grading: After tillage and cleaning,all areas to be planted shall be topdressed with
go 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,
00 depressions,humps and objectionable soil clods. This shall be the final soil preparation
so 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. Excess 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.
3.04 FERTILIZING
Twenty-one days after planting,turfgrass areas shall receive an application of 3-1-2 fertilizer at
the rate of 45 pounds of nitrogen per acre. Rater well atter application to prevent burning.
0
END OF SECTION
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Stonnwater Drainage Pipeline License Agreement Summerfields Chisholm Park 33 of 33
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/9/2016
DATE: Tuesday, February 09, 2016 REFERENCE NO.: L-15867
LOG NAME: 80SUMMERFIELD CHISHOLM STORM DRAINAGE
SUBJECT:
Conduct a Public Hearing and Authorize Use of a Portion of Summerfields Chisholm Park for the Purpose
of Installing Storm Drainage Improvements, Authorize Execution of a License Agreement with Keller
Independent School District for a Term of Twenty Years and Authorize a License Fee Waiver in the
Amount of$30,587.21 (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
26, Protection of Public Parks and Recreational Lands;
2. Find that no feasible or prudent alternative exists to the use of Summerfields Chisholm Park for the
installation of the proposed storm drainage improvements;
3. Find that the proposed installation of the storm drainage improvements includes all reasonable
planning to minimize harm to the parkland, including that the improvements will be constructed in
Summerfields Chisholm Park as specified on the attached exhibits and as noted in the discussion below;
4. Close the public hearing and authorize the use of approximately 0.21 acres of Summerfields Chisholm
Park for the installation of storm drainage improvements;
5. Authorize execution of a License Agreement with Keller Independent School District for Summerfields
Chisholm Park for a term of 20 years;
6. Authorize a waiver of the license fees associated with the project in the amount of$30,587.21; and
7. Find that protecting parkland and the safety of the general public from the deleterious effects of storm
water drainage and runoff by diverting storm water into the subsurface of Summerfields Chisholm Park
serves a public purpose and that the waiver of such license fees will carry out such public purpose through
adequate controls that will be in place through the License Agreement.
. Summerfields Chisholm Park - located at 3970 Malibu Sun Drive, North of Summerfields
Boulevard, West of Heritage Place Drive and Iris Avenue and East of Chisholm Trail Intermediate
School.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the use of a portion of the
subsurface of Summerfields Chisholm Park (Park) for the purpose of installing storm drainage
Logname: 80SUMMERFIELD CHISHOLM STORM DRAINAGE Pagel of 3
improvements and authorize the execution of a License Agreement with Keller Independent School
District (KISD).
The Park & Recreation Department (PARD) has been approached by KISD, requesting to install storm
drainage improvements in the Park. The storm drainage improvements would service the new KISD
Learning Center, which is directly adjacent to the Park, and help prevent surface drainage from occurring
on the Park. The proposed alignment would allow for a 30-inch storm drain pipeline beneath the Park.
In considering the location of the storm drainage improvements, PARD took into account the future
development plans for the Park and much of the proposed storm water drainage improvements will be
located near the southern boundary of the Park. KISD has agreed to maintain a minimum depth of three
feet within the Park.
The recommended standard fee is $51.24 per linear foot of pipeline, which is consistent with fees
assessed under the City's current Right-of-Way Use Agreements for installation of non-utility equipment,
appliances or appurtenances in public right-of-way. In this instance, PARD staff is requesting that a
license fee in the amount of$30,587.21 be waived for approximately 596.94 linear feet of pipeline. Waiver
of the license fees will help protect the Park and the safety of the general public from the deleterious
effects of storm water drainage and runoff by diverting storm water into the subsurface of the Park,
thereby preventing, among many other things, unnecessary erosion and ponding water that could be a
breeding ground for mosquitos. A 20-year License Agreement will be required for maintaining storm
drainage improvements. KISD will be responsible for repairing and restoring the Park to its previous
condition or better. Upon completion of the project, the open space associated with the Learning Center
will adjoin the Park creating an expanded public open space for the community.
On November 18, 2015, the Park and Recreation Department Advisory Board (PARDAB) endorsed Staffs
recommendation that the City Council authorize the use of approximately 0.21 acre of the Park as
proposed. In accordance with State law, the public notice was advertised in the Fort worth Star-Telegram
on January 20, 2016, January 27, 2016 and February 3, 2016. An exhibit map was available for public
review for 30 days at the PARD administrative offices located at 4200 South Freeway, Suite 2200.
A letter announcing the proposed use was sent to the president of the Summerfields Neighborhood
Association on January 15, 2016. Signage was posted at the site noting the proposed use and providing
instructions for directing comments to the PARD. During the public hearing, Staff will note any public
comments that have been received.
Summerfields Chisholm Park is located in COUNCIL DISTRICT 4.
This contract will be with a governmental entity, state agency or public institution of higher
education: Keller ISD.
FISCAL INFORMATION /CERTIFICATION:
Upon approval, the license fee waiver of$30,587.21 will be administered by the Park and Recreation
Department.
FUND IDENTIFIERS (FIDs):
TO _ _
iFund,Department ccouni Project Program ctivityl Budget Reference # mount
ID "
'` I _� __ ____� Year � Chartfield 2
Logname: 80SUMMERFIELD CHISHOLM STORM DRAINAGE Page 2 of 3
FROM
fund, Department ccoun ProiectTProgrami ctivity' Budget 1 Reference # mount,
ID _� Year I__(Chartfield 2)
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. A MAYOR AND COUNCIL COMMUNICATION location.pdf (Public)
2. MAYOR AND COUNCIL COMMUNICATION.pdf (Public)
Logname: 80SUMMERFIELD CHISHOLM STORM DRAINAGE Page 3 of 3