HomeMy WebLinkAboutContract 48796CIIY SECRETARII� � � �/ � .
C�N�CT fVO, 1
Developer and Project Information Cover Sheet:
Developei• Company Name: Mansions at Mai•ine Creelc, L.P., a Texas limited partnership, acting by
` and througl� Mansions at Marine Creel< GP, LLC, a Texas ]imited
, liability company
Address, State, Zip Code: ; 11401 N Riverside Dr, Fort Worth, TX 76244
Phone & Email: 972-313-5761 marlon@carolltonproperties.com
j Authorized Signatoiy, Title: ; Gardner L. Chapman, Manager
Pi•oject Name: Shadydell Drive and Shadydell Circle
, Brief Description: Water, Sewer, Paving, Storm Drain, Street Lights, and Parlc Improvements
Project Location: ' Sliadydell Drive eYtension on the east side of Huffines Blvd
' Plat Case Numbei-: � N/A f Plat Name: ;��� Marine Creek Apartments
' Mapsco: ;<Mapsco> ! Council Districi ��,' 2 ' City Project Number: 100178
` CFA Number: ' 2016-079 ' DOE Number: N/A
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City of Port Worth, Texas `=-
Standard Covlmunity Facilities Agreement - Shadydell Drive and Shadydell Circle
CFA Official Release Date: 01.03.2017
Page 1 of 12
STANDARD COMMLJNITY FACILITIES AGR��MENT
TH� STATE OF T�XAS
COUNTY OF TARItANT
City Secretaiy
Contract No.
� �� `�
WHEREAS, Mansions at Marine Creelc, L.P., a Te�as limited partnership, actin�b,y and
tluough Mansions at Marine Creek GP, LLC, a Texas limited liabilitv compan� ("Developer"),
desires to make certain specific improvements as described below and on the e�hibits attached
hereto ("Improvements") related to a project generally described as Shadydell Drive and Shad,�
Circle ("Project") within the City or the extratei7itorial jurisdiction of Fort Worth, Texas ("City");
and
WHEREAS, the City has no obligation to participate in the cost of the Improvements or
Project; and
WHEREAS, any future City participation in this CFA is subject to the availability of City
funds and approval by the Fort Worth City Council and shall be memorialized as an amendment
to this Agreement; and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement ("CFA" or "Agreement") in connection with the collective Improvements for the
Proj ect.
NOW, TH�R�FOItE, for and in consideration of the covenants and conditions contained
herein, the City and the Developer do hereby agree as follows;
General Requirements
A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001,
approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated
into this Agreement as if copied herein verbatim. Developer agrees to comply with all
provisions of said Policy in the performance of its duties and obligations hereunder and to
cause all contractors hired by Developer to comply with the Policy in connection with the
work performed by said contractors.
B. Developer shall provide financial security in conforrnance with paragraph 6, Section II, of
the Policy and recognizes that there shall be no reduction in the collateral until the Project
City of Fort Worth, Texas
Standard Community Facilities Agceement - Shadydell Drive and Shadydell Circle
CFA Official Release Date: 01.03.2017
Page 2 of 12
has been completed and the City has officially accepted the Improvements. Developer
further acicnowledges that said acceptance process requires the Developer's contractor(s)
to submit a signed affidavit of bills paid and consent of Surety signed by its surety to
ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally,
the contractor will provide in writing that the contractor has been paid in full by Developer
for all the services provided under this contract.
C. Developer agrees to cause the construction of the Improvements contemplated by this
Agreement and that said construction shall be completed in a good and worlcmanlike manner
and in accordance with all City standards and the City-approved construction plans,
specifications and cost estimates provided for the Project and the exhibits attached hereto,
D. The following checked exhibits describe the Improvements and are incorporated herein;
Water (A) �:, Sewer (A-1) �;�, Paving (B) ��., Storm Drain (B-1) f�Ci,, St�eet Lights & Signs
(C) � .
E. Developer acicnowledges and understands that the storm drain Improvernents attached
hereto as Exhibit B-1 are being constructed within a portion of City-owned property
lcnown as Marine Creek Lalce Park, whieh is located at 4700 Huffines Boulevard, Fort
Worth, Texas 76135. As such, in constructing the storm drain Improvements, Developer
shall abide by the terms and conditions of the Temporary Access Permit and Worlcspace
Agreement attached hereto as Exhibit D, which is incorporated herein by reference
("Permit"). The terms and conditions of the Permit shall be in addition to those set forth
in the remainder of this Agreement. To the extent that there is a conflict between the
Permit and any other terms of this Agreement, then the Permit shall control.
F. The Developer shall award all contracts for the construction of the Improvements in
accordance with Section II, paragraph 7 of the Policy and the contracts shall be administered
in conformance with paragraph 8, Section II, of the Policy. Developer shall ensure its
contractor(s) pays the then-cui�rent City-established wage rates.
G. For all Improvements included in this Agreement for which the Developer awards
construction contract(s), Developer agrees to the following:
i. To employ a construction contractor who is approved by the director of the
department having jurisdiction over the infrastructure to be constructed, said
City of Fort Worth, Texas
Standard Community Facilities Agreement - Shadydell Drive and Shadydell Circle
CFA Official Release Date: 01.03.2017
Page 3 of 12
contractor to meet City's requirements for being prequalified, insured, licensed and
bonded to do worlc in public ways and/or prequalified to perform water/wastewater
construction as the case may be.
ii. To require its contractor to furnish to the City a payment and performance bond in
the names of the City and the Developer for one hundred percent (100%) of the
contract price of the infrastructure, and a maintenance bond in the name of the City
for one hundred percent (100%) of the contract price of the infrastructure for a
pei�iod of two (2) years from the date of final acceptance insuring the maintenance
and repair of the constructed infrastructure during the tei-m of the maintenance
bond. All bonds to be furnished before worlc is commenced and to meet the
requirements of Chapter 2253, Te�as Government Code.
iii. To require the conh•actor(s) it hires to perform the construction worlc contemplated
herein to provide insurance equal to or in excess of the amounts required by the
City's standard specifications and contract documents for developer-awarded
infi•astructure construction contracts. The City shall be named as additional insured
on all insurance required by said documents and same will be evidenced on the
Certificate of Insurance (ACORD or other state-approved foi-�n) supplied by the
contractor's insurance provider and bound in the construction contract book.
iv. To require its contractor to give 48 hours advance notice of intent to commence
construction to the City's Construction Services Division so that City inspection
personnel will be available; to require the contraetor to allow the construction to be
subject to inspection at any and all times by City inspection forces, to not install or
relocate any sanitary sewer, storm drain, or water pipe unless a responsible City
inspector is present and gives his consent to proceed, and to malce such laboratory
tests of materials being used as may be required by the City.
v. To require its contractor• to have fully executed contract documents submitted to
the City in order to schedule a Pre-Construction Meeting. The submittal should
occm� no less than 10 worlcing days prior to the desired date of the meeting. No
constiuction will commence without a City-issued Notice to Proceed to the
Developer's contractor.
City of Fort Worth, Texas
Standard Community Faci]ities Agreement - Shadydell Drive and Shadydell Circle
CFA Official Release Date: O1.03.2017
Page 4 of 12
vi. To delay connections of buildings to service lines of sewer and water mains
constructed under this Agreement, if any, until said sewer and water mains and
service lines have been completed to the satisfaction of the Water Department.
H. Developer shall provide at its expense, unless othei-wise agreed to by City, all engineering
drawings and documents necessary to construct the improvements under this Agreement.
L Developer shall cause the installation or adjustment of the requi�ed utilities to serve the
development or to construct the Improvements required herein.
J. City shall not be responsible for payment of any costs that may be incurred by Developer in
the relocation of any utilities that are or may be in conflict with any of the community facilities
to be installed hereunder.
K. Developer hereby releases ancl agi ees to indemnify, defend and hold the City harmless
for any inadequacies in the prelim�nary plans, speci�cations and cost estimates supplied
by the Developer for this Agreement.
L. Developer agrees to provide, at its espense, all necessary rights of way and easements across
property owned by Developer and required for the construction of the cur�ent and future
improvements provided for by this Agreement.
M. The Developer further covenants and agrees to, and by these presents does hereby,
fully indemnify, hold harmless and defend the City, its officers, agents, representatives
and employees from and against all suits, causes of action or claims of any nature or
character vvhatsoever, whether real or asserted, brought for or on account of any
injuries oi• damages sustained by any persons (including, but not limited to, death) or
to any property, resulting from, or in any way connected with the performance or
nonperformance of this Agreement, the construction, design, performance or
completion of any worlc to be performed by said Developer, its contractors,
subcontractors, officers, agents, representatives or employees, or in consequence of any
failure to properly safeguard the work, or on account of any act, intentional or
otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors,
officers, agents, representatives or employees, wltether o�� ►zot saccli inic�f•ies, �leath o�•
dama�es aYe c�cuse�l, in ivlzoXe or in p�f•t, bv tlae alle�ed »e,�liQerzce of tlae Citv of
Fort Wort/z, its offcers, set�varzts, ��epresentatives or� er�tplovees.
City of Fort Worth, Texas
Standard Community Facilities Agreement - Shadydell Drive and Shadydell Circle
CFA Official Release Date: 01.03.2017
Page 5 of l2
N. Developer will further require it� contractors to indemnify, defend and hold harmless
the City, its of�cers, agents and e�nployees from and against any and all claims, suits or
causes of action of any nature or character whatsoever, whether real or asserted, brought
for or on account of any injuries or datnages sustained by any persons (including, but
not limited to, death) or to any property, resultin� from, or in any way connected with,
the performance or nonperformance of this Agreement, construction, aesign,
performance or completion of a�y worlc to be performed herein, wlaet/aer o�• �aot suclr
iniatf�ies, �leat/i or da�saaQes �c�e c�eacsed, i�z w/tole or• in p2�•t, Gv tlte alle,�ed �ze�li�en�ce
of tlae City of Fort Wo�tla, its officers, represerzttctives, serva�zts, or ertiploVees. Fui•�her,
Developer will require its contractors to indemnify, and hold harmless the City for any
losses, damages, costs or expenses suffered by the City or caused as a result of said
contractor's failure to complete the work and construct the Improvements in a good and
workmanlilce manner, free from defects, in conformance with the Policy, and in
accordance with all plans and specifications.
O. Upon completion of all work associated with the eonstruction of the Impr�ovements,
Developer will assign to the City a non-exclusive right to enforce the contracts entered into
by the Developer with its contractor along with an assignment of all wai-��anties given by the
contractor, whether express or implied. Further, Developer agrees that all contracts with any
contractor shall include provisions �;ranting to the City the right to enforce such contracts as
an express intended third party beneficiary of such contracts.
P. Inspection and material testing fees are required as follows:
i. Developer shall pay in cash water and wastewater inspection fees and material
testing fees equal to two percent (2%) for a total of 4% of the developer's share of
the total construction cost as stated in the construction contract.
ii. Developer shall pay in cash paving and stoi-m drain inspection fees equal to four
percent (4%) and material testing fees equal to two percent (2%) for a total of 6%
of the developer's share of the total construction cost as stated in the construction
contract.
iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing
the streetlights, inspection fees equal to four percent (4%) of the developer's share
of the streetlight construction cost as stated in the construction contract.
City of Fort Worth, Texas
Standard Community Facilities Agreement - Shadydell Drive and Shadydell Cii•cle
CFA Official Release Date: 01.03.2017
Page6of12
iv. Developer shall pay in cash the total cost of street signs.
Q. COMPLETION WITHIN 2 YEARS
i. Except as set forth in the Permit, Developez• shall complete the Improvements
within two (2) years, provided, however, if construction of the Iinprovements has
started within the two year period, the developer may request that the CFA be
extended for one additional year.
ii. Nothing contained herein is intended to limit the Developer's obligations
under the Policy, this Agreement, its �nancial guarantee, its agreement with
its contractor or other related agreements.
iii. The City may utilize the Developer's financiai guarantee submitted for this
Agreement to cause the completion of the construction of the Improvemeilts if at
the end of two (2) years from the date of this Agreement (and any extension period)
the Improvements have not been completed and accepted.
iv. The City may utilize the Developer's iinancial guarantee to cause the completion
of the construction of the Improvements or to cause the payment of costs for
construction of same before the expii•ation oi two (2) years if the Developer
breaches ihis Agreement, becomes insolvent or fails to pay costs of construction
and the financial guarantee is not a Completion Agreement.
(REMAINDER OF PA�GE INTENTIONALLY LEFT BLANK)
City of Fort Worth, Texas
Standard Cotnmunity Facilities Agreement - Shadydell Drive and Shadydell Circle
CFA Official Release Date: 01.03.2017
Page 7 of 12
Cost Summaiy Sheet
Project Name: ShadydeIl Drive and Shadydell Circle
CFA No.: 2016-079
City Proiect No.: 100178
An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price
will ultimately determine the amount of CFA fees and financial guarantee. The bid price and
any additional CFA payments will be required prior to scl�eduling a pre-constr•uction meeting.
An itemized estimate cor•responding to each project-specific exhibit is required to support the
following infornlation.
Items Developer's Cost
A. Water and Sewer Construcfion
1. Water Construction $ 100;113.00
2. Sewer Construction $ 5,658.00
Waterand SewerConsfruc(ion Total $ 105,771.00
B. TPW Construction
1. Street
2. Storm Drain
3. Street Lights Instalied by Developer
4. Park Trails
TPW Construction Cosf Total
Total Construction Cost (excluding the fees)
Construction Fees:
C. Water/Sewer inspection Fee (2°/a)
D. WateNSewer Material Testing Fee (2°/a)
Sub-Totai for Water Construction Fees
E. TPW Inspection Fee (4%)
F. TPW Material Testing (2%)
G. Street Light Inspsection Cost
H. Park Trails Inspection Cost
H. Street Signs Installation Cost
Sub-Total for TPW Construction Fees
Total Construction Fees:
Financial Guarantee Options;
Bond = 88%
Completion Agreement = 100% / Holds Plat
Cash Escrow Water/Sanitary Sewer= 125%
Cash Escrow Paving/Storm Drain = 125% of remaining
$248,116.70
Letter of Credit = 125% w/2yr expiration period
$ ` 850,378.00
` $ 895,027:00
$ : 52,843.50 .
$ ` 126;207.85
$ 1,924,456.35
$ 2,030,227.35
$ 2,115.42
$ 2,115.42
$ 4,230.84
$ 69,816.20
$ 34,908.10
$ 2,113.74
$ 5,048.31
$ -
$ 111,886.35
$ 116,117.19
�A�mount
I $ 1 J82.110.65�
X
2,030,227.35
132,213J5
310,145.88 X
2.537.784.19
City of Fort Woi�th, Texas
Standard Community Facilities Agreement - Shadydell Drive aud Shadydell Circle
CFA Official Release Date: 01.03.2017
Page 8 of 12
ACCORDINGLY, the City of Fort Worth and Developer have each caused this instrument to be
executed in quadruplicate in each entity's respective name by its duly authorized signatoi•ies effective as
of the date executed by the City's City Manager or his/her designee.
CITY OF FORT WORTH
���$ '--
By: ��
Jesus . Chapa
Assistant Cit Manager
Date: � '
Recommended by:
� �� - �..
Wendy Ch'-Babulal, EMBA, P.E.
Development Engineering Manager
Water Department
� . � �. � �
Douglas , . Wiersig, P.E.
Director
Ti�ansportation & Public Works Department
Zavala, Director
Recreation Depai�tment
Approved as to Form & Legality:
Richard A. McCracken
Assistant City Attorney
M&C No. Ni��
Date: 3��%li
Form 1295: ntl�
DEVELOPER
Mansions at Marine Creek, L,P,
a Texas limited partnership
By: Mansions at Marine Creek GP, LLC
a Texas limited liability company,
its general partner
�me: Gardner L. Chapman �
Tit e. anager _,_�-����;��;,�
Date:
ATTEST:
►- � - ao ��� . ����i�
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Ivtary'J.I��;,�'e�/ !J ��,�,= Y �,...�� .�`�
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City Secretary
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and repoi-ting
requirements.
i�ll�' f�C't'�`'1 �i1��I�C,`�
Name: ����� � �
Title:
��PFICIAL RECORD
FT. WORTH, TX
City of Fort Worth, Texas
Standard Community Facilities Agreement - Shadydell Drive and Shadydell Circle
CFA Official Release Date: 01.03.2017
Page 9 of 12
Checic items associated with the project being undertalcen; checiced items must be
included as Attachments to this Agreement
Included Attachment
�X Attachment 1- Changes to Standard Community Facilities Agreement
�; Location Map
�; Exhibit A: Water Improvements
� Water Cost Estimate
❑X Exhibit A-l: Sewer Improvements
0; Sewer Cost Estimate
0 E�chibit B: Paving Improvemeirts
[]X; Paving Cost Estimate
0_ EYhibit B-l: Starm Drain Improvements
� Stocm Drain Cost Estimate
�' Exhibit C: Street Lights and Signs Improvements
�' Street Lights and Signs Cost Estimate
OX' Exhibit D: Temporaiy Workspace Permit and Workspace Agreement
(Remainder of Page Intentionally Left Blanlc)
City of Fort Worth, Texas
Standard Community Facilities Agreement - Shadydell Drive and Shadydell Circle
CFA Official Release Date: 01.03.2017
Page 10 of 12
ATTACHM�NT "1"
Changes to Standard Agreement
Community Facilities Agreement
City ProjectNo. 100178
Section M. is hereby revised in its entirety to read as follows:
M. The Developer further covena�ts and agrees to, and by these presents does hei-eby,
fully indemnify, hold harmless and defend the City, its of�cers, agents,
representatives and employees from and against all suits, causes of action or claims
of any nature or character whatsoever, whether real or asserted, brouglit for or on
account of any injuries or damages sustained by any persons (including, but not
limited to, death) or to any property, resulting from, or in any way connected ��vith
the performance or nonperformance of this Agreement, the construction, design,
performance or completion of any worlc to be performed by said Developer, its
contractors, subcontractors, of�cers, agents, representatives or employees, or in
eonsequence of any failure to properly safeguard the work, or on account of any
act, intentional oY• otherwise, neglect or misconduct of said Developer, its
contractors, sub-contractors, of�cers, agents, representatives or employees, except
to the estent caused by the gross negligence or willful misconduct of City or its
agents, employees, separate contractors, or subcontractors.
Section N. is hereby revised in its entirety to read as follows:
N. Developer will further require iis contractot�s to indemnify, defend and hold hai•znless
the City, its officers, agents and employees from and against any and all claims, suits
or causes of action of any nature or character whatsoever, whether i-eal or asserted,
City of Fort Worth, Texas
Standard Community Facilities Agi•eement - Shadydell Drive and Shadydell Circle
CFA Official Release Date: 01.03.2017
Pa�e 11 of 12
brought for oY• on account o�' any injuries or damages sustained by any persons
(including, but not limited to, death) or to any property, t•esulting from, or in any
way connected with, the performance or nonperformance of this Agreement,
construction, design, pei•formance or completion of any worlc to be performed
herein, except to the extent caused by the gross negligence of willful misconduct of
City or its agents, employees, separate contractors, or subcontractors. Further,
Developer wilI require its con�ractors to indemnify, and hold harmless the City for
any losses, damages, costs or �xpenses suffered by the City or caused as a result of
said contractor's failure ta complete the work and construct the Improvements in a
good and workmanlike mann�r, free from defects, in conformance with the Policy,
and in accordance with all plans and speci�cations.
City of Fort Worth, Texas
Standard Comnlunity Facilities Agreement - Shadydell Drive and Shadydell Circle
CFA Official Release Date: 01.03.2017
Page 12 of 12
' ' 00 �15 12
IIAP PREQUA7.IFICATION STATE�41E2�7'
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SECTIQN OQ 42 43
Developer Awarded Projects - PROPOSAL FORM
Shadydell Drive and Shaydell Circle Proj. No. 100178
UNIT PRICE BID Bidder's Application
C1TY OF FORT WORT11 Cantractl3ook.docx
STANDARU CONSTRUCTION PREQUALiPICATIOV STATEMENT—DEV�tAPGR AWARDED PROJ�CTS
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DAP PRPQUAi.ili[CATION S'fATEMENT
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7 3391,0309 36" RCP (Ciass Ill) _.
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9 33d1.Q602 60" RCP (dnss IU} ___
10 33d1.0701 72" RCP (Class 01)
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13 3349.5002 15' Lbrb Intet (Cast-In-Place) __
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15 33�{9.0002 SSd'JunctionHox(Cast-1n•Place)
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15 . Road SiBn iTYPei-W I-2L) -----
16 Road Si6nt (type 1-W141) � _^__
17 _ � Pavement Markiugs
313700 SY 3,fi05 bzs.uu aw,i
330510 LP 2,575 Sd.SO J 51,2
33 OS 17 FA 2 � 5250.00 SS
02 4I tA -- — FA ' 1 � 5500.00 ^ SS
334110 LP 60 530.00 SI,g
334110 LF �136 $50,00 SC,8
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33411d LP 261 S16R.00 &i3,8
33 d1 10 LF 378 S26G.00 SI00,5
334I10 LF 735 5382.00 E28�.7
` 33 �11 10 LF 136 5548.00 574,5
334920 FA 5 53,300.OQ $IG,S
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334910 EA S 53,150.00 SIi,7
33 49 ]0 EA 1 -- $3 500.00 � i 53,5
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333920 FA 4 S�1,800.00 519,2
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DVCMENTS .
Specification Unitof Bid UiutPrice BidYalue
Section No. Ivteasure Qnantity
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321i 29 SY �35a11 S1.65 S15T,4:
32 73 [3 SF 3212 SlAl.75 �_ �455,3i
32 ]3 20 SP 16353 S3.50 � 557,2
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321320 EA 1 5750.00 ~ S7:
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344t 30� Ep 3 5500.00 51,51
?4 4I30 EA 2 5500.00 S7,01
34 4130 EA 2 3500.00 51,01
34 4130 EA 1 5500.00 S5�
3217 23. LS --- I 52,000.00 32.01
CI'IYOFFORT WOR'fH
STANAARD CONSTRUCTION PR�QUALINICA7'lON STATEMEN'C — DEVELOP�R AWNLDED 1'ROIEGT5
Fomi Version Seytember l, 2015
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DAP PREQUALIFICA7'ION STATEIviENT
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TOTAL UNI'1' V: STR�T'I' LIGHTING I1bIPROYEi1IENTS $44 950.Of
' I ..... .. .. . ... ...... _...__............ ._...................._ ......._...... ...._....... .......
: ... ............�.. .............
... ...._._........._..�... .....
........... ...__ ........ _ .
i ... . _. Bid$ummary
r- _...._.... _.._.. �........._.._..._.... . .. . .. . .. ... $39 �384.5C
: ; UNIT 1: WATER IMPROVENiENTS
�. . . ... . . � .. . ... . ... .... ... _ . ........ ........._... _..... _......__.._.__..._._...___._ _._..__.--------.._............... .. . ... ..
� UNIT tl: SANITARYSEWER IMPROVEMENTS ._ ____ $�3,25QAC
i ............... �.................. ...._ ._............. _..........._...._......---...._....-------•-�----.___._.__._...__--•---.._..._.._._.._...._......_..
'. UNfClll: DRAINAGE IMPROVEMENTS ._ .._....._...._._._....._._ $860,776.5C
�...._....__......�_._.,...__._._...._......_._.........._.__..._._...---•----.____—_._._.__...._..-•-------_._____......... 831,749.8�
� UNfi' IV: PAVIfVG IMPROVEMENTS , .. _. . ,,. . , �
`.. .. .. . . ... _ . ....... ...... . . . . . . . ......._. _-�•-•--------........_..._.-------�---•----.__.._....__........ ..
, UNCT V: STREET LIGHTING IMPROVEMEMS �^�_ $44,95Q.00
. _ ........i . : .. ..... . -----
- � • •� TotalConsh•ucuonBid �1,782,110.6E
._. _....._.._. _..___�
I. . ... .... .. . ......... � . . _ ... .... .................___.._ _... _............_. _.. ..... .. .. . .... .. . .... . . .. . . . . .... . .. ..... . . _.............................
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; ,,.__ .__
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.......
: CQN112e1CTcommences to run �u �a•otiidediv the Gcutcal Conttltions.
: ....:..... .....1 ..._....... .. ........._._...__�.._...._..._:.........__..__....._..-�---........_._.............._...._....._._.._.............._............. ............... ..................................�...�............
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CITY OF FORf WORTH Conrcact Book.doc�
STANBA1tD CONSTRUCT[ON PRTiQUALiPICA1'ION S'CATEbIENT—DEVELOPER AWP.RbED PROJECTS
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EXFIIBIT D
TEMPORARY ACCESS PERMIT AND WORKSPACE AGREEMENT
FOR MARINE CREEK LAKE PARK ("PERMIT")
RECITALS
WHEREAS, City owns a certain piece of property known as Marine Creek Lake Park ("Park"),
4700 Huffines Boulevard, Fort Worth, Texas 76135. The location and boundaries of the Park are
depicted in E�chibit 1, which is attached hereto and incorporated herein for all purposes as though it were
set forth at length.
WHEREAS, as part of the Project, Developer requested to install the public storm drain
Improvements that are attached to the CFA as E�chibit B-1 ("Storm Drain Improvements") within certain
designated portions of the Park.
WHEREAS, on June 28, 2016, the Fort Worth City Council approved M&C L-15932,
authorizing Developer's requested use of the Park in accordance with the terms and conditions of this
Permit.
AGREEMENT
I.
Term
a. License Period. The term of this Permit shall be for 180 consecutive days ("License Period").
The License Period shall commence on the fifth business day following the date on which CFA is
executed by the City ("Commencement Date") and shail end at 11:59 P.M. on the 180th day following the
Commencement Date ("Expiration Date").
b. Extension of License Period. If Developer fails to complete all obligations hereunder in
accordance with this Permit on or before the expiration of the License Period, including, but not limited
to, storm drainage infrastructure, Park Trails, Park Improvements, and Park restoration, then Developer
agrees to extend the License Period on a month-to-month basis until Developer has completed all
obligations pursuant to this Permit. If an extension occurs, then Developer shall pay or cause the City to
be paid rent in the amount of $39,409.00 per month, which will be due and payable on or before the first
(lst) day of each extended License Period. Such rent shall be paid to the City without demand and
without offset.
1. The extension of the License Period shall occur and renew automatically each month
until Developer receives notice from the City that all of its obligations under the Permit have been
completed, which notice the City shall not unreasonably withhold. Notwithstanding anything to
the contrary, the City may terminate the extended License Period at any time and for any reason.
c. Access. No use of or access to the Park or the Licensed Premises shall be allowed outside of the
designated License Period or applicable extension period. Developer's rights in and to the Licensed
Premises hereunder shall be strictly limited and shall fully and absolutely terminate and be of no further
force and effect at the conclusion of the License Period or applicable extension period. After the License
Period or applicable extension period ends, all rights of Developer in and to the Licensed Premises shall,
automatically and without the need for any further documentation, fully and unconditionally terminate,
whereupon Developer shall have no right of entry or use of the Licensed Premises whatsoever.
Temporary Access Permit and Workspace License Agreement 1 of 38
II.
Consideration
a. As consideration for the rights and privileges granted herein, Developer agrees to construct the
following in accordance with the terms and conditions of this Permit: (1) at least $12,3 00.00 of mutually
agreed upon park improvements within the Park ("Park Improvements") and (2) two public trails
connecting the Developer's adjacent development to the Park's trail system ("Park Trails").
b. Consideration for any additional use of the Licensed Premises, as hereinafter defined, beyond the
initial 180-day License Period will be in accordance with Section I.
III.
Licensed Premises
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 Developer during the
License Period the use of the following portions of the Park for the purposes stated herein:
1. A portion of the Park, the description, location, and boundaries of which are depicted in
Exhibit 2, which is attached hereto and incorporated herein for all purposes ("Storm Drain
Area"), for purposes of constructing and installing the Storm Drain Improvements within the Park
and for no other purpose.
2. Portions of the Park, the descriptions, locations, and boundaries of which are depicted in
Exhibit 3, which is attached hereto and incorporated herein for all purposes ("Park Trails Area"),
for the purpose of constructing a two public trails (North Trail and South Trail) on the Park
connecting the Developer adjacent development to the Park's trail system and for no other
purpose.
3. A portion of the Park, the description, location, and boundaries of which are depicted in
E�ibit 4, which is attached hereto and incorporated herein for all purposes ("Park Improvements
Area"), for the purpose of constructing and installing mutually agreed upon Park Improvements.
4. The Storm Drain Area, Park Trails Area, and Park Improvements Area are collectively
referred to herein as the "Licensed Premises."
5. Developer's use of the Licensed Premises hereunder shall be solely restricted to
Developer's activities on the Licensed Premises and shall not include the use of the Park or the
Licensed Premises to serve any activities, including, but not limited to, construction activities,
occurring outside of the Licensed Premises. In the event any portion of the Park is occupied or
used, either actively or passively, outside of the Licensed Premises, Developer shall be subject to
a daily fee of one dollar per square foot for any such area used or occupied. Upon notification by
the City, Developer shall immediately cease such use or occupancy and immediately restore any
such Park property in accordance with the applicable provisions set forth in this Agreement.
6. In accessing and using the Licensed Premises, Developer 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.
Temporary Access Permit and Workspace License Agreement 2 of 38
IV.
Construction of the Storm Drain Improvements,
Park Trails, and Park Improvements
a. Storm Drain Improvements. Developer shall construct the Storm Drain Improvements in
accordance with the requirements set forth in this Permit and the CFA, including, but not limited to, those
set forth in Exhibit B-1 of the CFA and those provision in the CFA relating to financia] security and
payment and performance bonds.
1. Developer shall conduct a pre-construction meeting with the Director at least three (3)
business days prior to initiating any construction or activity for the Storm Drain Improvements
(including, but not limited to, any excavation work). The pre-construction meeting shall be for
purposes of outlining Developer's plans and schedules regarding: (i) construction of the new
Storm Drain Improvements, (ii) minimizing construction impact on vegetation and the Park, in
general, and (iii) restoration of all affected parkland and amenities.
b. Park Improvements and Park Trails. In addition to any other requirements set forth in this
Agreement, any work performed or contract awarded by Developer or its contractors or subcontractors for
construction and installation of the Park Trails and Park Improvements shall be subject to the following:
1. Developer will perform all construction in accordance: (i) with a set of plans and
specifications pre-approved by City and Developer 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 Licensed Premises now or hereafter in
effect; (iii) in a good and workman like manner; and (iv) in accordance with industry standards
of care, skill, and diligence.
2. Developer shall submit or cause its contractors to submit al] required City permit
applications to the Director of the Park and Recreation Department or that person's authorized
designee ("Director") no more than thirly (30) calendar days prior to commencing work on the
Park Trails and Park Improvements. Once approved by that Director, Developer shall submit
those permit applications to the City's Planning and Development Department.
3. Developer shall conduct a pre-construction meeting with the Director at least three (3)
business days prior to initiating any construction or activity for the Park Trails or Park
Improvements (including, but not limited to, any excavation work). The pre-construction
meeting shall be for purposes of outlining Developer's plans and schedules regarding: (i)
construction of the new Park Trails and Park Improvements, (ii) minimizing construction impact
on vegetation and the Park, in general, and (iii) restoration of all affected parkland and amenities.
4. Developer shall do ali work and furnish all labor, equipment, and materials necessary to
fully complete all the work as provided for in this Permit. City shall not be responsible for any
costs associated with this Permit, including, but not limited to, any costs for construction, labor,
equipment, or materials.
5. Shall require its contractor to furnish to the City a payment and performance bond in the
names of the City and the Developer for one hundred percent (100%) of the contract price of the
Park Improvements and Park Trails, and a maintenance bond in the name of the City for one
hundred percent (100%) of the contract price of the same for a period of two (2) years from the
date of final acceptance by the City insuring the maintenance and repair of the constructed
infrastructure during the term of the maintenance bond. This shall survive the expiration or early
Temporary Access Permit and Workspace License Agreement 3 of 38
termination of this Permit and CFA. All bonds must be furnished before work is commenced and
meet the requirements of Chapter 2253, Texas Government Code.
6. Developer shall notify City at least three (3) days prior to beginning any construction
unless otherwise approved in writing between the parties.
7. City shall have the exclusive right, title, and interest in all permanent improvements
constructed by Developer related to the Park Trails and Park Improvements upon written
acceptance of such by the Director. In the event that any Park Improvements are purchased by the
Developer but not constructed or installed before the expiration or termination of this Permit, then
all such right, title, and interest in such Park Improvements shall vest to City upon the expiration
or termination of this Permit.
8. All work to be completed under this Agreement for the Park Trails and Park
Improvements shall be subject to inspection and approval by the City, which shall not be
unreasonably withheld.
9. Approval by City of any plans or designs shall not constitute or be deemed a release of
the responsibility and liability of Developer, its agents, servants, employees, contractors, and
subcontractors for the accuracy and competency of its designs, working drawings, and
specifications or other engineering documents. City, by approving the plans and specifications,
assumes no liability or responsibility for the architectural or engineering design or for any defect
in any the designs, working drawings, and specifications or other engineering documents,
building or improvement constructed from the plans or specifications prepared by Developer, its
agents, servants, empioyees, contractors and subcontractors (it being the intent of the parties that
approval by City constitutes approval of only the general design concept of the improvements to
be constructed).
10. Developer shall require its design professional to prepare as built drawings based upon
final construction and shall submit two copies of these drawings to City, which shall become
property of City on the date of submission.
11. With regard to the Park Improvements, Developer shall expend or cause to be expended
at least $12,300.00 on mutually agreed upon Park Improvements for the Park. To prove the
expenditures required herein, Developer shall submit to the City a final construction spending
report along with receipts documenting such expenditures on or before the Expiration Date of this
Permit. If Developer fails to expend the full $12,300.00 on the Park Improvements before the
Expiration Date, then Developer shall pay to the City the balance within thirty (30) calendar days
after the City send written notice to Developer. Expenditures by the Developer on the approved
Park Improvements will be applied to offset the required $12,300.00 expenditure on a dollar-per-
dollar basis.
V.
Acceptance of Licensed Premises
a. Developer takes all portions of the Licensed Premises and all appurtenances in "'AS IS" condition
without any express or implied warranty on the part of the City. Developer accepts the Licensed Premises
in their present condition, finds them suitable for the purposes intended, and further acknowledges that
Developer is thoroughly familiar with such condition by reason of personal inspection and does not rely
on any representations by the City as to the condition of the Licensed Premises or their suitability for the
purposes intended. Developer accepts the Licensed Premises subject to any and all previously recorded
Temporary Access Permit and Workspace License Agreement 4 of 38
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, contractors, or trespassers by reason of the exercise of such rights or privileges granted in said
easements. Developer's taking possession of the Licensed Premises shall be conclusive evidence that: (a)
the Licensed Premises are suitable for the purposes and uses for which same are licensed; and (b) the
Developer waives any and all defects in and to the Licensed Premises and all the appurtenances thereto.
The Citv shall not be liable to Developer, its agents, emplovees, contractors, subcontractors,
invitees, licensees, or Euests for any damage to anv Uerson or propertv due to the acts or omissions
of Developer, its agents, emplovees, contractors, or subcontractors, unless, and to the extent, such
dama�e is caused bv the �ross ne�li�ence or willful misconduct of Citv or its a�ents, emplovees,
separate contractors, or subcontractors.
VI.
Use Not Exclusive
a. This Permit and all rights granted to Developer herein are strictly non-exclusive. The City
reserves the right to enter into and grant other and future licenses, leases, and other authorizations for use
of the Park and the Licensed Premises to other persons and entities as the City deems appropriate in
accordance with applicable law; provided, however, that in granting subsequent authorization for use, the
City will not allow a use that will unreasonably interfere with the Developer's use of the Licensed
Premises as provided herein. This Permit does not establish any priority for the use of the Park or the
Licensed Premises by the Developer or by any present or future licensees or other permit holders. In the
event of any dispute as to the priority of use of the Park or the Licensed Premises, the first priority shall
be to the public generally, the second priority to the City in the performance of its various functions, and
thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its
powers, including the police power and other powers reserved to and conferred on it by the State of
Texas.
VII.
Limitations on Use
a. Construction on the Licensed Premises is allowed only between 7:00 A.tv1. and 6:00 p.M. Monday
through Friday. For purposes of this provision, the term "construction," shall include (i) clearing,
excavating, compacting, or grading of land; (ii) delivery of any storm drainage infrastructure and any
items or materials associated with the Park Trails and Park Improvements; and (iii) operation of heavy
equipment, including, but not limited to, a backhoe, backhoe loader, boom truck, bulldozer, compactor,
crane, dump truck, excavator, grader, grapple truck, loader, pile driver, power shovel, roller, scraper,
tractor, trencher, and tunnel boring machine.
b. All Developer equipment and materials shall be placed and maintained solely within the confines
of each respective Licensed Premises for which work is being performed. Developer understands and
acknowledges that access to the Licensed Premises shall be accomplished through Developer's adjacent
property.
VIII.
Public Safety
a. Developer shall be solely responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with Developer's use of the Licensed Premises and the Park.
Temporary Access Permit and Workspace License Agreement 5 of 38
b. At a minimum, Developer shall: (i) install and maintain construction orange mesh fencing and (ii)
erect a controlled-access entry in the perimeter construction fencing in the form of chain-link fencing to
ensure that unauthorized personnel cannot enter the Licensed Premises. The location of the orange mesh
fencing and controlled-access entry within the Licensed Premises shall be determined by the Director.
Following installation of the fencing and controlled-access entrance, Developer shall contact the Director
to inspect for proper installation. The controlled-access entry fencing shall be kept secure when not in use.
At no time shall any fenced area be left open unless staffed by security personnel.
c. In addition, Developer shall provide construction and maintenance signs and sufficient barricades
at work sites to protect the public. The use of traffc control devices shall be consistent with the standards
and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. Developer shall
utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes
are closed or obstructed during nighttime conditions. Developer shall also take all necessary precautions
and shall provide all necessary protection to prevent damage, injury, or loss to (a) all persons accessing
portions of the Licensed Premises on which any construction is being performed by or on behalf of the
Developer; (b) all work performed on or from the Licensed Premises and all materials and equipment to
be incorporated therein that are under the care, custody, or control of the Developer, or the Developer's
employees, agents, contractors, or subcontractors, regardless of whether such material and equipment is
stored on or off the Licensed Premises; and (c) other property on or adjacent to the Licensed Premises.
IX.
Protection of the Environment
a. Developer hereby represents and warrants that it shall not knowingly, nor permit any third party
to, use, handle, or store any Hazardous Materials on, under, over, or about Park or the Licensed Premises
in violation of any applicable laws. Developer shall not handle or store any Hazardous Materials on the
Licensed Premises or the Park, except that the Developer may, in compliance with applicable
environmental laws and the terms of this paragraph, use and store Hazardous Materials in such amounts
and types that are commonly used in connection with the uses permitted herein, provided, however, that
Developer speci�cally agrees to remove any and all such Hazardous Materials on or before the final day
of the License Period. Developer shall not introduce, use, generate, store, accept, or dispose of on, under,
ar 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 defned under applicable
environmental laws. For purposes of this Permit, "Hazardous Materials" shall mean potentially
dangerous hazardous wastes, toxic substances, or related materials, including, but not limited to,
pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or other fuels (including crude oil or any
fraction or derivative thereo fl; underground starage tanks, and substances considered hazardous, toxic, or
the equivalent pursuant to applicable laws. Any Hazardous Materials used by the Developer on the
Licensed Premises shall be posted on site and a list shall be given to City.
b. Developer shall take commercially reasonable steps to a�oid creating or aggravating any
condition at the Park or the Licensed Premises that could present a threat to human health or to the
environment.
X.
Documentin� Condition of Licensed Premises
a. Developer must provide Director with videographic documentation of the condition of the
Licensed Premises, including any underground utilities, as they exist both before and after the permitted
uses hereunder. All such video must include a visible date and time stamp indicating when the
videography occurred. Developer must submit documentation of the pre-installation condition prior
Temporary Access Permit and Workspace License Agreement 6 of 38
commencing any work on the Licensed Premises. Post-installation documentation must be submitted no
later than five (5) business days after the last day of the License Period. Director will distribute copies of
the documentation to all appropriate City personnel to determine whether any damage has been done to
the Licensed Premises.
XI.
Minimizin� Impact to Ve�etation
a. Developer shall not cut or remove any trees on the Licensed Premises unless otherwise
specifically permitted by the City. To minimize damage during construction, Developer shall install
chain-link fencing on the outside drip line of trees and other vegetation specifically identified by the
Director at the above-referenced pre-construction meeting and as outlined in accordance with E�chibit 5,
which is attached hereto and incorporated herein for all purposes. Developer shall notify the Director once
the tree and vegetation protection measures have been installed and allow the Director an opportunity to
inspect the work before construction begins. The City shall have at least two (2) business days following
the date on which notice is received to conduct its inspection. The Developer may begin construction after
the second (2"d) business day following the date on which it provided notice to the City unless the City
contacts the Developer and identifies specific issues that render the tree and vegetation protection
measures unacceptable.
b. Developer shall ensure that ri�ee protection fencing remains in place throughout the License
Period or any extended License Period. If any tree within the Park is damaged in connection with
Developer's operations, Developer agrees to undertake remediation efforts, including paying of
remediation costs, in accordance with E�ibit 6, which is attached hereto and incorporated herein for all
purposes. Any fencing shall remain in place until such time as the Licensed Premises are restored
pursuant to the terms of this Permit.
XII.
Minimizing Impact to Utilities
a. Prior to conducting any work on the Licensed Premise, Developer shall use its best efforts to
locate and physically mark all utilities (including, but not limited to, electric lines, waterlines, sewer
lines, storm drains and lines, and gas lines) within the Licensed Premises, which shall include but not be
limited to, conducting a dig tess. With regard to all known water and electric utilities, the Director will
work with Developer to locate and physically mark all such utilities within the Licensed Premises.
b. If Developer encounters any utility infrastructure (including, but not limited to, electric lines,
waterlines, sewer lines, storm drains and lines, or gas lines) in the course of or in connection with
Developer's use of the Licensed Premises, the Developer covenants and agrees to cease construction
operations and install protective matting over or around such utilities in compliance with specifcations
approved by the City's Water Department or by the Director. Following installation of the matting,
Developer shall contact the Director to arrange for inspection and approval by appropriate City personnel.
c. Developer shall provide the Director with a copy of the matting specifications and the Water
Department's inspection report within twenty-four (24) hours of receiving the report from the Water
Department and prior to mobilizing its operations on the Park. Developer may begin construction after
the date on which it provided the inspection report and specifications to the Director unless the Director
contacts Developer and identifies specific issues that render the measures unacceptable.
Temporary Access Permit and Workspace License Agreement 7 of 38
XIII.
Restoration and Repairs of Improvements
a. To the extent any road, curb, gutter, irrigation system, water line, electrical line, utility line,
barricade, fence, or other improvement is destroyed, damaged, removed, or altered in connection with
Developer's activities under this Permit, as determined in the sole reasonable discretion of the Director,
Developer shall cease all work on the Licensed Premises and immediately contact the Director so that the
Director may assess any such issues. Developer shall be responsible and liable for reconstructing,
repairing, and restoring any such improvement in a good and workmanlike manner to a condition that is
equal to or better than the one in which such improvement existed as of the date this Permit is fully
executed, as evidenced by the pre-installation video required under Section X of this Permit. Any
restoration required under this section must be completed by Developer and inspected and approved by
the Director prior to the expiration of the License Period or the License Period will be extended per
Section I. Any certifications or licenses required to perform the worlc set forth in this Article must be
provided to the Director prior to the commencement of such work.
XIV.
Restoration of Surface and Subsurface of Licensed Premises
a. To the extent any portion of the surface or subsurface of the Licensed Premises is damaged or
disturbed in connection with Developer's activities under this Permit, as determined by the Director in his
sole reasonable discretion, Developer shall restore the surface or subsurface of the Licensed Premises by:
(i) aerating the soil using a hea�e-action aerator with six-to-eight inch tines to address compaction caused
during the process of installing the sanitary sewer lines and any associated infrastructure; (ii) replanting
with Common Bermuda sod in accordance with the sod specifications outlined in the attached E�ibit 7,
which is attached hereto and incorporated herein for all purposes; and (iii) watering the sodded areas as
needed until the vegetation is established and has been approved and accepted by the Director. Prior to
planting, Developer shall provide the Director with documentation certifying the type and quality of the
materials to be planted. All planting must be inspected by the Director prior to planting by the Developer.
The Director may, in exercise of reasonable discretion, reject any plant material that does not meet the
requirements of this section or Exhibit 7 or is otherwise unacceptable for one or more specific, clearly
identified reasons. Any restoration required under this section must be completed by Developer in
compliance with the specifications set forth in this section and the attached exhibits and inspected and
approved by the Director, which approval shall not be unreasonably withheld, prior to the expiration of
the License Period or the License Period will be extended per Section I.
XV.
Discretionarv Limited Access to Care for and Establish Vegetation
a. Developer may request limited access to the Licensed Premises to water, care for, and establish
replacement vegetation required under Section XIII ("Limited Access"). A request for Limited Access
must be made in writing and delivered to the Director at least ten (10) calendar days prior to the
expiration of the License Period or extended License Period. Replacement vegetation or seed must be in
place at the time the request is made.
b. Director may, in its reasonable discretion, authorize Limited Access for a period not to exceed
two weeks from the expiration of the License Period or extended License Period. During the Limited
Access period, no Developer materials or equipment may remain on the Licensed Premises with the
exception of irrigation directly involved in ii7•igation and temporary fencing used to protect areas being
restored. Developer's use of the Licensed Premises under Limited Access in accordance with this Section
Temporary Access Permit and Workspace License Agreement 8 of 38
shall not invoke any additional extended License Period beyond that which already exists at the time that
Limited Access is granted.
XVI.
Removal of Excavated Materials
a. Developer shall not excavate, drill, dig, or allow any significant erosion of the Licensed Premises.
To the extent that such does occur, Developer shall, in addition to any other requirements set forth in this
Permit, ensure that all drilling mud spoils and all excess material excavated by or for Developer will be
properly disposed of within twenty-four (24) hours of excavation unless such material is stored in a
containment facility. Material stored in a containment facility may remain on the Licensed Premises no
longer than ten (10) calendar days following the date of excavation.
XVII.
Liabilitv; INDEMNIFICATION.
a. Developer agrees to pay City for all damages suffered or incurred by City, either directly or
indirectly, as a result of any operations on or from the Licensed Premises conducted for or by Developer,
its agents, employees or representatives, including, but not limited to, all damage or injury to standing or
fallen timber, buildings, fences, equipment, and all other property, whether real or personal, except to the
extent such damage is caused by the gross negligence or willful misconduct of City or its agents,
employees, separate contractors, or subcontractors.
b. DEVELOPER'S RELEASE AND INDEMNIFICATION REQiJIREMENTS SET FORTA
IN THE CFA, WHICH INCLUDE, BUT ARE NOT LIMITED TO, SECTIONS K, M, AND N OF
THE CFA, ARE HEREBY INCORPORATED INTO THIS PERMIT BY REFERENCE AS IF
SET OUT IN FULL. DEVELOPER AGREES TO ABIDE BY SUCH RELEASE AND
INDEMNIFICATION REQUIREMENTS IN THE PERFORMANCE OF TffiS PERMIT.
c. Developer covenants and agrees that City shall in no way or under any circumstances be
responsible for any property belonging to Developer, its members, employees, agents, contractors,
subcontractors, invitees, licensees, or trespassers that may be stolen, destroyed, or in any way damaged,
and Developer I�EREBY INDEMNIFIES AND HOLDS HARMLESS CITY FROM ANY AND
ALL SUCH CLAIMS, except to the extent such damage is caused by the gross negligence or willful
misconduct of City or its agents, employees, separate contractors, or subcontractors. City does not
guarantee police protection and will not be liable for any loss or damage sustained by Developer, its
members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the
Premises.
d. Developer agrees that City shall not be liable for any loss, injury or damage whatsoever suffered
or incurred by Developer or Developer's agents, employees or representatives while on the Licensed
Premises, except to the extent such damage is caused by the gross negligence or willful misconduct of
City or its agents, employees, separate contractors, or subcontractors.
XVIII.
Insurance
a. Dutv to Acquire and Maintain
1. Developer shall ensure that a policy or policies of insurance are procured and maintained
at all times, in full force and effect, to provide coverages of the types and amounts specified
Temporary Access Permit and Workspace License Agreement 9 of 38
herein, naming the City as an additional insured and covering all public risks related to the use,
occupancy, condition, maintenance, existence, or location of the Park and the construction,
installation, operation, maintenance, repair, reconstruction, or condition of the pipeline. The
insurance required hereunder may be met by a combination of self-insurance and primary and
excess policies. Developer shall provide proof of all requirements stated herein to the City prior
to beginning any work pursuant to this Permit.
b. Types and Amounts of Coverage Required
Commercial General Liability:
$1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for
the following: (i) Premises Liability; (ii) independent contractors; (iii)
productslcompleted operations; (iv) personal injury; (v) contractual liability; (vi)
explosion, collapse, and underground property damage
Propertv Dama�e Liability:
i. $1,000,000.00 per occurrence
Umbrella Policv
$5,000,000.00
4. Environmental Impairment Liabilitv (EIL) &/or Pollution Liability
i. $5,000,000.00 per occurrence
ii. $10,000,000.00 aggregate
Automobile Liability:
$1,000,000.00 per accident, including, but not limited to, all owned, leased,
hired, or non-owned motor vehicles used in conjunction with the rights granted
under this Permit
6. Worker's Comuensation:
As required by law
7. Emplover's Liability:
i. $1,000,000.00 per accident
Revisions to Required Covera�e
1. At the reasonable recommendation of the City's Risk Manager, the City may at any time
revise insurance coverage requirements and limits required by this Permit. Developer agrees that
within thirty (30) days of receipt of written notice from the City, Developer will implement all
such revisions requested by the City. Policies shall not have exclusions that nullify or alter the
required lines of coverage, or decrease the limits of said coverages required by this Permit, unless
such endorsements are approved in writing by the City. The policy or policies of insurance shall
Temporary Access Permit and Workspace License Agreement 10 of 38
be endorsed to provide that no material changes in coverage, including, but not limited to,
cancellation, termination, non-renewal, or amendment, shall be made without thirty (30) days'
prior written notice to the City.
d. Underwriters and Certificates
1. Developer shall procure and maintain its insurance with underwriters who are authorized
to do business in the State of Texas and who are acceptable to the City in terms of solvency and
financial strength. Within ten (10) business days following execution of this Permit, Developer
shall furnish the City with certificates of insurance signed by the respective companies as proof
that it has obtained the types and amounts of insurance coverage required herein. In addition,
Developer shall, on demand, provide the City with evidence that it has maintained such coverage
in full force and effect.
e. Deductibles
1. Deductible or self-insured retention limits on any line of coverage required herein shall
not exceed $500,000.00 in the annual aggregate unless the limit per occurrence or per line of
coverage, or aggregate is otherwise approved by the City.
£ Waiver of Subrogation
l. Developer shall require any of its contractors' worker's compensation policies to contain
a waiver of subrogation endorsement in favor of the City.
g. No Limitation of Liability
l. The insurance requirements set forth in this section and any recovery by the City of any
sum by reason of any insurance policy required under this Permit shall in no way be construed or
affected to limit or in any way affect Developer liability to the City or other persons as provided
by this Permit or law.
XIX.
Prohibition A�ainst Liens
a. Developer shall not do any act or make any contract that may be purported to create or be the
foundation of any lien on or any interest in the Licensed Premises or the Park. Any such act, contract, or
lien attempted to be created shall be void. Should any purported lien on the Licensed Premises be created
or filed, the Developer shall, at its sole expense, liquidate and discharge same within ten (10) business
days after notice from the City to do so.
XX.
Notices
a. All notices required or permitted under this Permit shall be conclusively determined to have been
delivered when (i) hand-delivered to the other party, its agent, employee, servant, or representative, or (ii)
received by the other party by reliable overnight courier or United States Mail, postage prepaid, return
receipt requested, at the address stated below or to such other address as one party may from time to time
notify the other in writing.
To THE CITY:
DEVELOPER
Temporary Access Permit and Workspace License Agreement I 1 of 38
Director
Park and Recreation — City of Fort Worth
4200 South Freeway, Ste 2200
Fort Worth, TX 76115
Mansion at Marine Creek, LP
Attn: Marlon Alvarado
11401 N. Riverside Dr
Fort Worth, TX 76244
With a copy to: With a copy to:
Department of Law — City of Fort Worth Gardner L. Chapman
200 Texas St 115 West Road
Fort Worth, TX 76102 Ellington, CT 06029
XXI.
Independent Contractor
a. It is expressly understood and agreed that Developer shall operate as independent entity in each
and every respect hereunder and not as an agent, representative, or employee of the City. Developer shall
have the exclusive control and the exclusive right to control all details and day-to-day operations and
activities relative to operation of the Developer and installation of the sanitary sewer service line and any
associated infrastructure and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, licensees, and invitees. Developer acknowledges that
the doctrine of respondent superior shall not apply as between the City and Developer, its officers,
agents, servants, employees, contractors, subcontractors, licenses, and invitees. Nothing contained in this
Permit shall be construed as the creation of a partnership or joint enterprise between the City and
Developer.
XXII.
Prohibition A�ainst Assignment
a. The Developer may not sell, assign, or otherwise transfer any of its rights or obligations under
this Permit without the prior, written consent of the City. Any such attempted assignment without the
City's consent shall be void.
XXIII.
Compliance with Laws and Regulations
a. In operating under this Permit, Developer agrees to comply with all applicable federal, state, and
local laws, regulations, and ordinances, including all City ordinances, charter provisions, and rules,
regulations, and requirements of the City's Police, Fire, Code Compliance, Transportation and Public
Works, and Health Deparhnents.
b. Developer wiil not knowingly do or suffer to be done anything on said Licensed Premises during
the terms of this Permit in violation of the laws, statutes, ordinances, rules, regulations, charter provisions,
directives or requirements referenced in this Permit. If the City calls the attention of Developer to any
such violation on the part of said Developer or any person employed by or admitted to said Licensed
Premises by Developer, Developer will immediately (or otherwise as soon as reasonably possible) desist
from and correct such violation and/or vacate the Licensed Premises.
XXIV.
Taxes
Temporary Access Permit and Workspace License Agreement 12 of 38
a. Developer acknowledges and agrees that it shall be solely responsible for paying all taxes
assessed or imposed by any governmental entity in connection with the construction, installation,
operation, maintenance, repair, or reconstruction of the pipeline and with the use of the Licensed Premises
or other City property related to activities within the scope of this Permit.
XXV.
Third Parties
a. Nothing in this Permit shall be construed in any manner to create a cause of action for the benefit
of any person not a party to this Permit, or to create any rights not otherwise existing at law for the benefit
of any person not a party to this Permit. Nothing in this Permit shall be deemed to constitute a waiver of
any immunity or affirmative defense that may be asserted by Developer or the City as to any claim of any
third party.
XXVI.
Force Maieure; Homeland Security
a. If either party is unable, either in whole or part, to fulfill its obligations under this Permit due to
acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades;
insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions
by any court, board, deparhnent, commission, or agency of the United States or of any state; declaration
of a state of disaster or of emergency by the federal, state, county, or City government in accordance with
applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States
Department of Homeland Security or any equivalent alert system that may be instituted by any agency of
the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason
beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected
by such Force Majeure Event will be suspended only during the continuance of such event. If a Force
Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community
centers, parks, or other City-owned and operated properties and facilities in the interest of public safety
and operate them as the City sees fit.
XXVII.
Headin�s
a. The section headings contained herein are solely for convenience in reference and are not
intended to define or limit the scope of any provision of this Permit.
XXVIII.
Choice of Law; Venue
a. This Permit shall be governed by and construed in accordance with the laws of the State of Texas.
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Permit, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas - Fort Worth Division.
XXIX.
Governmental Powers
a. It is understood and agreed that by execution of this Permit, City does not waive or surrender any
of its governmental powers or immunities.
Temporary Access Permit and Workspace License Agreement 13 of 38
XXX.
Authorization
a. By executing this Permit, Developer's agent affirms that he or she is authorized by Developer to
execute this Permit and that all representations made herein with regard to Developer's identity, address
and legal status (corporation, paitnership, individual, etc.) are true and correct.
XXXI.
CFA and Permit
a. It is understood and agreed between the City and Developer that the terms and conditions of the
Permit are in addition to those set forth in the CFA. To the extent that there is a conflict between the
terms of this Permit and the CFA, then this Permit shall control.
XXXII.
Entirety of A�reement
a. This instrument (including all attachments, schedules, and e�chibits attached hereto) constitutes
the entire understanding and agreement of the City and Developer as to use of the Licensed Premises and
the Park. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the
extent in conflict with the terms and conditions of this Permit. This Permit shall not be amended unless
agreed to in writing by both parties.
Temporary Access Permit and Workspace License Agreement 14 of 38
EXHIBIT 1
PARK
Marine Creek Lake Park
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Temporary Access Permit and Workspace License Agreement 15 of 38
EXHIBIT 2
STORM DRAINAGE AREA
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Temporary Access Permit and Workspace License Agreement 16 of 38
35` PERMAIVENT STORM DRAIAfAGE MAINTENAIYCE AREA
26,925 SQ. FT. / Q.618 AC.
OFF SH�DYDELL � DRIVE
C/TY OF F4RT WORTH, TARRANT C�UNTY, TEXAS
Being a 26,825 squsre foot tract of land situated over and across a fract af land conveyed to the City of Fort Wo�th, by
Deed recorded in Volume 7228, Page 721, Deed Recards, Tarrant Counfy, Texas, and being more particularly described
by metes and bounds as follows:
COMMENCING at a 5!8 inch iron rod found for corner lying in the Southeast right of-way line of Shadydeli Drive (60 foot
right-of-way) and the West corner of Lof 3, Btock 3 of Marine Creek Apattments, an Addition to the City of Foft Worth,
Tarrant County, Texas, according to the Plat fhereof recorded in Cabinet A, Slide 8820, Tarrant County, Texas, said
corner also being the Northwest comer of said City of Fort Worth tract;
Th�nee South 88 degrees 07 minutes 25 secands East, along the Southwest line of said Lot 3, Bfock 3, a distance of
25.16 feet to the POINT OF BEGINNING;
Thance South 88 degreas Q7 rninutes 2S seconds East, along the Southwest line of said Lot 3, Biock 3, a distance of
216.08 feet to a 112 inch iron rod found for comer,
Thence Sauth 79 degrees 37 minutes 24 secands �ast, afong the Southwest line of said Lot 3, Block 3, a distance of
1�7.19 feet to a point for comer;
Thence over and across said City of Fort Worth tract 4he fallowing bearings and distances:
South 34 degrees S6 minutes 28 secands East, a distance of 110.44 Peet fo a point for comer;
South 27 degrees 37 minutes 28 secands Esst, a distance of 338.39 feet to a po€rrt for corner;
North 73 degrees 02 minutes 85 seconds West, a distance of 33.03 feet to a point for comer;
North 89 degrees 42 minutes 48 seconds Vliest, a distance of 4.53 feei to a point for comer,
South 44 degrees 35 m€nutes 46 seconds West, a distartc� of 7.85 feet fo a paint fat corner;
Narth 27 degrees 37 minutes 28 seconds West, a distance of 313.25 feet to a paint for comer,
North 34 degrees 56 minutes 28 seconds West, a distance of 93.82 feet to a paint for comer,
Notth 79 degrees 3? minutes 24 seconds WesE, a d'tsfance of 156.33 feet fo a point for comer,
North 68 degrees 07 rninutes 25 seconds West, a distance of 151.56 feet to a point for comer,
North 40 degrees tt�ln,ut: 16 seconds West, a distanc� of 76.52 feet to the POINT OF BEGINNING and
cont�ining 26,925 squa�.��c�����at�r'e of �and.
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,. JANIIRRY
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���TEXAS HERITAGE SURVEYING, tNG Beadngs acs based on theSoutheast !ob# t4o477t�PDME
�o6to Metric Drive, Suite �z4, Da[las,'[7f 75z43 tf9ht-ui-way IY�e of Shadydeil drtve perpiat Date: o4Jz8/zo�6
Office zt4-34o-gyoo Fax z�4-34o-g7to �� ��$�� creekApactments Drawn: CN
txherita e com �0�� ��� � s�da 8920. Piat Page 1 of z
,��� Firm �to16g3oo ��4s�°o�•44��j 't C°1°�' T�&' Scale: �" -�oo'
Temporary Access Permit and Workspace License Agreement 17 of 38
35' PERMAIVLNT STQRM DRAtNAGE MAINTElV,ANCE AREA
2Gf925 SQ. FT. f Q.618 AG.
OFF SHA,DYt�ELL DR/VE
GITY OF FORT WQRTH, TARRAIVT COUNTY, TEXAS
J ��:
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yO �Oo��`�� MARtNE CREEK
� a3��a� �c,� APARTMENTS
�� �P`� CAB. A, SLI�E 8820
�'"� l �� P.R.T.C.T.
PERMANENT DRAiNAGE
MAINTENANCE F_ASEMENT
L1NE TAB�E
LWE # LENGTH DIRECTION
L35 216.08' S68°OT'25"E
L36 167.19' S79°37'24gE
L87 110.44' S34°58`28"E
1,38 338.39' S27°37'28"E
L39 33.03' N73°02'35"W
1.�30 4.53' N8S°42'48"W
L.41 7.85' S44°35'46°W
L42 31325' N27°3T28"W
L43 93.82' N34°56'28"W
L44 15B.33' N7S°87'24�W
L45 151.56' N68°07`25"V1!
L46 76.52' (�i4�°S4'16WY
1.47 25.16' S68°07`25"E
S 61'S8`i8' E 678' TO
6�' !RF FOR PEE6tB10E
4/Y IIiF
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CITY OF FOF2T WORTH
VOL. 7226, PG. 72t
D.R.T.G.T.
tr s
s
100 50 0 50 100 150 200
�
95'PERMANENT
STQRM
DRAINAC3E
MAEN �/WCE
a.s,szs sct.Fr.
0.618 AC.
LEOEND:
CITY OF FORT WORTH
VOL. 7226, PG. 721
D.R.T.C.T.
<
��m
Gh1 CONTROLLING MONUMENT
IRF IRON ROD FOUND
"SQ.FT SQUARE FEET
R.O.W. RIGHT-�F-WAY
P.R.T.C.T PIAT RECORDS, TARRANT COUNTY, TEXAS
h1.R.T.G.T. MRP RECOROS, TARRANT COUNTY, TEXAS
3CAl,E -1" = t0o
TEXASMERITAGESUtiVEYiNG ING F3earingasrehasedonthesoutfieast JobE��4o477�-1PDME
��� ' right ot way �e of Shadydei[ Ofira per plat Date: aQ(28/2016
�to6to Metric Drtve, Sutte �Zq, Dat[as,'FX 75243 ���� � M�� ���rtments
OfHce z�4-34o-g�oo Fax at4 j.{u-97to �ecurded in Gebir� A, sl&ie e82o, �at Drawn: CN
txhertta e com ttecads, rarrant county, 7exas. Page i of z
���� Firm #� 69300 (aas�o�a�s•e) Scale: �" - �oo'
Temporary Access Permit and Workspace License Agreement 18 of 38
50' TEMPORARY C4NSTRUCTION ACCESS AREA
39,409 SQ.FT. / 0.90 AC.
4FF SHADYDELL DR/VE
ClTY OF FORT WORTH, TARRANT COUNTY, TEXAS
Being a 39,409 square foot tract of land situated over and across a fract of land conveyed to the City of Fort Worth, by
beed recorded in Volume 7226, Page 721, Dead Records, TarranE County, Texas, and being more particulariy described
by metes and bounds as foliows:
COMMENGING at a 5!8 inch iron rod found for corner tying in the 8outheast right-of-way line of Shadydell D�ive (60 foot
right-of-way) and the West corner of �ot 3, Block 3 of Marine Creek Apartmants, an Addition to the City of Fort Worth,
Tarrant Gounty, Texas, according to the Plat thereof recorded in Cabinet A, Slide 8820, Tarrant County, Texas, said
corner aiso being the Northwest aorner of said City of Fo�t Worth tract;
Thence South 68 degrees 07 rninutes 25 seconds East, along the Southwest line of said Lot 3, Block 3, a distance of
25.15 feet to the PQINT OF BEGiNNiNG;
ihence South 68 degrees 07 minutes 25 seconds East, along the Southwest line of said �ot 3, Block 3, a distance of
216.08 feet to a 1/2 inch iron rod found for comer;
Thence South 79 degrees 37 minutes 24 seconds East, atang the Southwest line of said Lot 3, Biock 3, a distance of
188.52 feet to a point for corner;
Thence over and across said City of Fort Worth tract the folfawing bearings and distances:
South 34 degrees 56 minutes 28 secands East, a distance of 96.24 feet to a paint for comer;
South 27 degrees 37 minutes 28 seconds East, a distance of 175.75 feet to a point inr corner;
North 62 degrees 22 minutes 32 secands East, a distance of 20.00 feet to a point far corner;
South 27 degrees 37 minutes 28 secands East, a distance of 90.04 feet to a point for comer;
South 62 d�grees 22 minutes 32 seconds West, a distance of 20.00 feet to a pant for corner,
South 27 degrees 37 minutes 28 seconds East, a distance of 64.37 feet to a point for corner,
South 7g degrees 21 minutes 56 seeonds East, a distance of 35.83 feet to a point for corner,
South 10 degrees 13 minut�s 07 seconds West, a distance of 93.32 feet to a point for comer;
NoRh 66 degrees 07 minutes 29 seconds West, a distance of 5.96 feet to a point for comer,
North 80 degrees 54 minutes 48 seconds West, a distance oE 18.80 feet to a point for carner,
Norfh 73 degrees 02 minutes 35 seconds West, a distance o€ 50.63 feet to a paint for comer;
North 89 degrees 42 minutes 48 secands Wesf, a disEance af 4.53 feet to a point for carner;
South 44 degrees 35 minutes 46 secands West, a distance af 21.03 feet ta a point for comer;
���1'EXAS HERiTAGE SURVEYING, ING
to6�o Me#rie Drive, Suite ta4, Dattas, iX
`��� Offtce a�4-34o-g7aa Fex xtq.34o-g710
txherttage.com
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Bee�in� are based aa the southe�t Job# 14o477S�TCE
�52qg r�t,t.of.wey �ne of shaayaea onve per p�ac Date: o41z71ao�6
eecorded es nAaane creek Apertments Drawn: GN
tecurded to ca{�net A, Slide e82o, Ptai pag�e 1 of 4
Raeords, Tartsnt Gounty, Tex�a
,.,.o.,.�,,.,.�, Scale: �" -�oo'
Temporary Access Permit and Workspace License Agreement 19 of 38
5Q' TEMFORARY Ct?1VSTRU�TI�N AGCESS AREA
39,409 SQ�FT. /Q.90 AG.
QFF SH�t DYDELL DRfVE
CITY QF FORT WQRTt-t, TARRANT COUlVTY, TEXAS
South 09 degrees 36 minutes 17 seconds West, s distance of 19.24 feet to a point for corner,
Soufh 07 degrees 05 m(nutes 14 seconds East, a distance of 21.62 feet to a point for comer,
South 24 degrees 25 minutes 45 seconds East, a disfance of 7.31 feet to a potnt for comer,
South 36 degrees 09 minutes 05 seconds East, a distance af 16.05 feet to a point for comer;
South 39 degrees 50 minutes 52 secronds East, a dGstance of 13.93 feet to a point for camer;
South 31 degrees 44 minutes 51 seconds East, a distance of 8.69 feet to a poinf for corner,
South 82 degrees 17 rninutes 21 seconds West, a distance of 13.77 feet to a point for comer;
North 2T degrees 42 minutes 39 seconds West, a distance of 72.30 feet to a point for comer;
North 19 degrees 57 minutes 11 seconds East, a distance of 54.33 feet fio a point for comer,
Nofth 27 degrees 37 minutes 28 seconds West, a disfiance of 86.13 feet to a point for comer;
South 62 degrees 22 mtnutes 32 seconds NUest, a dEsfance of 50.00 feet Eo a paint for comar,
North 27 degrees 37 minutes 28 seconds West, a distance of 40.00 feet to a point for corner,
North 62 degr�a 22 minutes 32 seconds East, a distance oi 50.00 #eet fo a point for comer;
North 27 degrees 37 minuies 28 secands West, a distarrce of 163.23 feet to a paint for corner;
North 34 degrees 56 minutes 28 secands West, a distance of 93.82 feet to a point for comer,
North 79 degrees 37 minutes 24 seeonds West, a distance of 156.33 feetto a point for a�mer;
North 68 degeees 07 minuies 25 seconds West, a distance of 151.56 feet to a point far comer,
North 40 degrees 54 minutes 16 seconds West, a distance of 76.52 feet to the POINT OF BEGINNtNG and
coniaining 39,409 square feet or O.��cre of Isnd.
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� TEXRS HERI't'AGE St1RVEYING, fNC. Bes+ings ere 6ased on tlre southeast Jpb# t4o477t-tTCE
��10610 MetHc Drive, Sutte 1z4, Da(fas, TX 75a43 �1ht-of-+�ay ttne of shadydetl Dcivve per ptat Date: o41a7/aai6
Office zt 4a97ao Fa�c zt4-34Q-97'�o rearrded ��Rerk�e creekAparhrants Drawn: CN
4-3 �dea � cantoet a, �tde $saa, �t Page a of q
��..r� txherttage.com Recexds, Tartam cowdy. Texas.
Firm #ta�fr93ao (t�tasro54a e} Scale: �"-�oo'
Temporary Access Permit and Workspace License Agreement 20 of 38
50' TEMPORARY CONSTRUCTIOIV ACCESS AREA
39,409 SQ.FT. / 0.90 AC.
OFF SHADYDELL DRlVE
C1TY OF FORT WORTH, TARRANT COUNTY, TEXAS
L
CITY OF FORT WORTH
VOL. 7228, PG. 721
D.R.T.C.7.
�33
�
LO7 3, BLOCK 3
MARINE CREEK
APARTMENTS
CAB. A, SLIDE 882U
P.R.T.C.T.
8 6P69'13' E 0.78' TO
6!8'IRF FOR REFEREHCE
100 50 0 50 100 150 206
LEGEND: BCALE -1" = 100
CM CONTROLLING MONUMENT
IRF IRON ROD FOUND
SQ.FT SQUARE FEET
R.O.W. RIGHT-OF-WAY
D.R.T.C.T DEED RECORDS, TARRANT COUNTY, TEXAS
P.R.T.C.T. PLAT RECORDS, TARRANTCOUNTY, TEXAS
`�j
50'7EMPORARY
CONSTRUCSION
ACCESSAREA
39,409 SQ.FT. `/
0.90 AC. w
�
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7f2' IR
(�)
CITY OF FORT WORTH
VOL. 7228, PG. 721
D.R.T.C.T.
�,,6
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� L11
L16 L12
L13
�L18
_2�
,—L21
���TEXAS HERITAGE SURVEYENG, ING eearings ere based oa the Southeast Job# t404777-1TCE
10610 Metr(C Drtve, Sutte 72q, Dallas, TX 75243 �Bhtof-way Iine of ShadydeN Driva per plat Date: o¢(z7�zo16
`�!�/ OffiCe 214-340•970o Fex zt - 10 �bed as Marine Creek Apa�imenta D�wn: CN
4 340-97 recorded In Cebinet A, slide ee20, PIaE
txheritage.com Recads, 7atrant county, Texes. Page 3 of 4
FII'�il #10169jQ0 (N49°o5�44"E) Scale:l" -to0'
Temporary Access Permit and Workspace License Agreement 21 of 38
50 ` TEMPORARY �ONSTRUCTlO1V ACCESS AREA
39,4U9 SQ.FT: / 0.94 AC
OF� SNAt?YD�ELL DR(VE
CITY OF FORT WaRTN, TARRANT GOUIVTY, TEXAS
TEMPORAF2Y CONSTRUCT[QN
EASEMENT LINE TABLE
LkNE # LENGTH D(RECT[Of�
L1 25.15' S68°07`25"E
L2 216.08` S68°07`25"E
L3 188.52' S79°37'24"E
lA 96.24' S84°56'28"E
L5 176.75' S2T°37`2$"E
L6 20.00' N62°22`32"E
L7 90.OQ' S27°37'28"E
LS 20.00` S82°22'32"W
LS 6Q�.37' S27°37`28°E
L10 35.83' S79°21'56°E
L11 19.32` 310°13'OTW
L12 5.9U` PiBB°dT29`W
L13 18.80' N8d'54'48"W
L14 50.83` N73°d2`35°W
L45 4.53' NE89°42'48"VU
L16 21.03' S44°35'46"4V
L17 19.24` S9°38"f 7"VY
L18 21.62' S7°05'14"E
L19 7.31' 32�F°25'4S"E
L20 16.05' 336°09'05°E
TEMPORARY CONSTFtUCT10N
EASEMENT LINE TABLE
tINE# LENG7H D112ECTtON
L21 13.88` S39°5Q'82"E
!22 8.B9' S31°44`51"E
L23 13.77' S62°17`21"W
L24 72.30' N27°42'39"W
L25 54.33' N19°57'11"E
L26 86.13' N27°37'28"W
l27 5Q.00' S62°22'32"4N
L28 40.00' N27°37'28"W
L29 50.OQ' N62°22`32"E
L30 163.23` N27°37`28"W
L31 53.82' N34°56'28°W
L32 156.33` N79°37'24"W
L33 '[51.56' N88°07'25"W
L34 7&.52' N40°54'16"W
���TE]fA5 HERtTAGE SURVEYING, fNG Beartnga are basad on the Sautheast 1ob# 14o4]7t-�TCE
�o6to Metric Drtve, Suite �z4, Daltas, TX 75243 rt�ht-at-way une otshadyde�i orive per plat Date: o41a7/aof6
dfftce z�g-34o-g7oa Fax z�4-34a97to �� ��� �'�` �g`�"1ems Dnwn: CN
txhertta e cam ��� ��� R Siide 8820, Ptat
��....� g• tteca�a� Tarr�t councy. Texas. ��e 4� 4
Ftrm �ot6g3oo �as•os4ae� Scale: �" - too'
Temporary Access Permit and Workspace License Agreement 22 of 38
EXHIBIT 3
PARK TRAILS AREA
South Trail
Marine Creek Lake Park
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Approximate location of new trail to
be constructed within this 170 foot x 680
foot area.
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Temporary Access Perniit and Workspace License Agreement 23 of 38
North Trail
Marine Creek Lake Park
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Approximate location of new trail to
be constructed in this 1,551 foot x 215
foot area.
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t��';y�� �,=.. ,.. ��, Location of future trail is 1,070 feet
]�' ', ���p,� ', � from Huffines Blvd.
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Temporary Access Permit and Workspace License Agreement 24 of 38
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EXHIBIT 4
PARK IMPROVEMENTS AREA
Marine Creek Lake Park
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f'arl< Improvements Ar�a �;vill follo� � ��'�, . - - - - -
�long the entire main trail within ' jl�'�-� - f,
lhe Park and extend out 25 feet on ,. ,, "'"�'
both sides. The agreed upon Park '^�� �, -•� .�, '� `
,;' ,��� Improvements shall be constructed r� ,����-, '�
�� ' within this area. Portions of the `,�� c{ s. - �` �'
,�`.. , .,. �. �: ,'.'. �e. • _ ,. ..
,�% ,� main trail are shown by way of L •!'��
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Temporary Access Permit and Workspace License Agreement 25 of 38
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EXI�IBIT 5
TREE PROTECTION
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Temporary Access Permit and Workspace License Agreement 26 of 38
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Temporary Access Permit and Workspace License Agreement 27 of 38
EXHIBIT 6
DAMAGE TO CITY TREES
NO PRUNING OF ANY CITY TREE SHAI,L BE PERMITTED, UNLESS SPECIFIED
OTHERWISE IN THESE SPECIFICATIONS. Severe damage to trees will result in replacement or
compensation of trees by the DEVELOPER. Failure to replace damaged trees shall be considered a breach of
contract and DEVELOPER shall be assessed for damages. Slight or moderate damage to trees will result in
assessment of damages.
ASSESSMENT OF DAMAGES TO TREES
1.1. Developer will check trees in the Licensed Premises before contract work begins, any damage will
be noted and reported to the Director.
1.2. The Director may conduct random checks of the trees during the License Period.
13. A check of all n�ees may be made at the end of the License Period. The City Forester, Director, and
Developer will attend the inspection.
1.4. Damages shall be documented by memo to the City Forester with copy to cont�•act file and the
Contractor.
1.5. Developer may have the option of replacement or payment for severely damaged trees at a location
to be designated by PACS. Replacement shall be made on caliper inch per caliper inch basis with a
minimum size of replacement tree of 2" in caliper for trees damaged or removed less than 30"
diameter at breast height (DBH) and 2" per inch on trees 30" DBH or greater. Developer shall be
responsible for any planting, watering, mulching and maintenance of replacement trees far a period
of not less than 2 years. Developer shall compensate the City at a rate of $200 per caliper inch for
any tree that does not survive the 2 year establishment period.
1.6. Slight Damage shall be defined as damage, in the opinion of the City Forester, that may heal.
Examples include, but are not limited to, scaring of the trunk into the cambial layer '/�" 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, whichevei• 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 stared 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 conh•ibutes 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.
Temporary Access Permit and Workspace License Agreement 28 of 38
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, scaruig of the trunk to the
cambial layer greater than 1/3 the trunk circumference, uprooting or causing a tree to lean, or
damage to a scaffolding branch or branch greater than 1/3 of trunk caliper. Severe damage shall
also include compaction of soil, grading or filling more than 20% of the CRZ, or within 50% radius
of the CRZ or on more than one of 4 sides. Cutting 1/3 of the buttress roots within 3 times the
distance of the DBH of the trunk, or cutting 4 roots 4" or greater in diameter within 4' of the trunk
shall also be considered severe damage.
1.9. Branches shall be measured at the point of attachment or at the lateral to which the branch would be
pruned back to according to ANSI standards. Trees caliper shall be measured according to
accepted industry standards. Trees greater than 6" in caliper shall be measured using DBH. Trees
that must be removed due to damage caused by Developer shall be removed by the Parks and
Community Services Department's Forestry Section Tree Removal Contractor at Developer's
expense.
10 All damages shall be paid to the City Tree Fund. Failure to replace or pay for damaged trees shall
result in a breach of contract and Developer will be automatically assessed damages. Damages as
described herein shall be deducted from payments otherwise due to Developer.
11 Remediation costs assessed hereunder constitute contractual damages intended to compensate the
City, as property owner, and ha�e no bearing on whether or to what extent any fines may be due
under the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance.
Temporary Access Permit and Workspace License Agreement 29 of 38
EXHIBIT 7
SEEDING AND SODDING 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 Speciiied Elsewhere: Section 02300, Earthwork.
1.02 REFERENCE STANDARDS
A. Standardized Plant Names
l. 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 ofthe 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.
Temporary Access Permit and Workspace License Agreement 30 of 38
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 supeivision of his crew, and for the planting and maintaining of seedlings
until acceptable, viable growth is achieved and the project accepted by the City.
PART2—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 marlced 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 Apri115 and September 10:
Lbs./Acre Common Name
25 Beimuda (unhulled)
75 Bermuda (hulled)
Scientific Name
Cy�aodon dacrylon
Cynodon dactylon
Puri
85%
95%
Substitute the follo�viug if planted benveen September 10 and April 15:
Germination
90%
90%
220 Rye Grass Loliarn7 miiltiflo��a�m 82% 80%
40 Bet�mtida (�inh«Iled) C�n�oclo�7 clact}�loia 84% 85%
2 Native �rass seed - The seed shall be planted between Februaiy 1 and October 1
and shall consist of:
Lbs. PLS/Acre Common Name Botanical Name
1.6 Green Sprangletop Leptochloa dubia
Temporary Access Permit and Workspace License Agreement 31 of 38
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5.5 Sideoats Grama*
3.7 Little Bluestem*
17.0 Buffalograss
1.8 Indian Grass*
0.5 Sand Lovegrass*
6.0 Big Bluestem
8.0 Eastern Grama
1.2 Blue Grama
1.8 Switchgrass
10.0 Prairie Wildrye*
Boz�teloua curtipendula
Schizachyriun2 scoparium
Buchloe dactyloides
Sorghastrum nutans
Eragrostis trichodes
AndNopogon gerardii
Tripscacur�7 dacryloides
Bouteloua gracilis
Pafzicum virgatum
Elynzus 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.
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
3.0
5.0
2.0
3.0
13.4
13.6
2.0
8.0
8.0
2.0
18.0
2.0
3.0
2.0
8.0
Common Name
Bush Sunflower
Butterfly Weed
Clasping Coneflower*
Golden - Wave
Illinois Bundleflower
Partridge Pea
Prairie Verbena
Texas Yellow Star
Winecup
Black-eyed Susan
Cutleaf Daisy
Obedient Plant
Pitcher Sage
Plains Coreopsis
Scarlet Sage
Botanical Name
Sinsia calva
Asclepiastuberosa
Rudbeckia arnplexicaulis
Coreopsis basalis
Desmanthus idlirroensis
Cassiafasciculata
Yerbe�a bipinnatifzda
Lindheime�^i texarta
Callirhoe involcrata
I. Rudbeckia hirta
II. Engelmannia
pinnatifida
III. Physostegia intermedia
IV. Salvia azurea
V. Coreopsis tinctoria
VI. 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.
Temporary Access Permit and Workspace License Agreement 32 of 38
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
2
analysis.
All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area.
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:
L 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 (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 bv 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.B. of this
specification. The water source shall be clean and free of industrial wastes or other
Temporary Access Permit and Workspace License Agreement 33 of 38
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 inechanically seeding (drilling) the seed or seed mixture, the quantity specified shall be
uniformly distributed over the areas shown on the plans ar 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 speciiied 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 Ibs./acre.
4. Clay soils, sloping surfaces - minimum 3,000 Ibs./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 ha�e 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
Temporary Access Permit and Workspace License Agreement 34 of 38
receives final acceptance. Refer to Part 2— 2A1 — 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 wiidflowers: 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
Temporary Access Permit and Workspace License Agreement 35 of 38
SECT'ION 0293d - TURF SODDING
PART 1 - GENERAL
1.01 DESCRIPTION
A. R/ork Included: Tlus work includes al! tabor, materiats and equipment for soil
preparatien, fertilization, pIanting and other requirements regazding turfgrass sodding
shown on the ptans.
B. Related Work Specified Elsewhere: Section 423a0, Earthwork.
1.02 REFBRENCE STAIVDARDS
A. For exotic plant materials: Arnerican Joint Committee of Horticulturat Nomenclature,
Second Edition, 1942.
B. For native materials
a. Manua1 of the Vaseuiar Plants of Texas by Correll and Johnston
b. Check List of Vasci.ilaz Piants of Texas By Hatch
c. Flara of North Centra2 Texas by Shinners and Matter
i A3 SUBMI'TTAI,S
Sarnples, certificates and specificatians of sod, fertitizer, compost, sail amendrnents or ather
materials may be requested by the City.
All delivery receipts and copies of invoices for maYeriats vsed for tttis work sha11 he subject to
verification by the City.
1.04 PRODUCT DELNERY; STORAGF. AND HA,'�IULING
A. • Sod: Harvesting anci pianting operations shall ba caordinated with not more than forty
eight hours elapsing befween the harvestirsg anci ptanting,
B. Fertilizer
1. Unopened bags la0eled with the.acaa�ysis.
2. Confonn to 'I'cxas rcrtitizer Law.
1.U5 QUALIT'Y CO�,FTIZOt. s
Tl�e IJeveloperlContractar who plants the sod is responsible for supeevision of his crew, :r•hile
re �
pla�lting ths sod and maintaining the sod unti[ the project is accept�d by th� City, �;
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Temporary Access Permit and Workspace License Agreement 36 of 38
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, thickIy 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 shalI have been produced on growing beds of clay or clay-loam
topsoil. The sod shalt 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 sh�ll be kept
moist and shall be stacked roots-to-roots and grass-to-grass.
B. "i7�e sod shall be cut in strips four feet wide to be laid pazallei with the contours.
2.02 FERTILTZER
A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis.
B. All fertilizer sliall be in acceptable condition for distribution and shall be applied
unifomily over the planted area two weeks after sodding.
C. All fertilizer shaii have an analysis of 3-1-2 or as designated on the plans. "I'he fertilizer
rate shafl be 45 pounds of nitrogen per acre.
2.03 WATER
The water shall be furnished by the Developer/Contractor and shail be clean and free of industrial
wastes or otiier substances harmful to the germinarion of the seed or to the growth of the
vegetation. Tlie amount of water wili vary according to the weather variables. Generally, the sod
should be soaked one time per day for three weeks or until establishecf. Soaking is mandatory
after spreading the fertilizer.
2.04 COMPOST
All compost material is to be totally organic and decomposed for at Iease nine months. All
compost is to be cican :a�d free of fungus, disease, live planGs, seed, excesseve cotton lint and any
h:umful chemicals. "New Life Soil Conditioner" or "Perma Grcen Compost", as specificd below
or an approved equal, shull he used. Raw organics are not a�ccptablc.
:�. F�r soii with �ui alkaline pH condition: Use "New LiFe �1cid Cro" (acid ptl) soil
conditiouer as pro�uced by Soil Building Systetns of Dallas, or an approved ec{ual.
13. I�c�r sail with sin acidic pI-I cvndition: C'se "Perma C'irccn Compost" by 7'e�as lim-th
Resources, [r�c. of f)allas, i>r "ti'c�v f.ife \atural Ciro�ver" (�h RA to 9.Oj hy Soil Biiildin�
5y�stems, Inc., uf Dalias.
C. Samp:e and Specification S�omittal: 5ubmit a p:oduccr's speciiicaiion and a yuart
sampie <�f the c<�tnpost prup�.ised fi�r the Citiy's approval.
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Temporary Access Permit and Workspace License Agreement 37 of 38
�
PART 3 - I:XECUTION
3.01 GENERAL
All turfing operations are to be eYecuted across the stope, parallel to finished grade coniours.
3.02 SOIL PREPARATIO�T
A. Scarify subgrade to a depth of three inches before depositing the required topsoil.
B. Tillage shall be accompIished to toosen 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 ptaw, chiseIs set not more than ten inches apart. Initial tillage shall be done
in a crossing pattern for double coverage, ihen followed by a disc harrow. Depth of
tillage shalI be five inches. A heavy duty rototiller may 6e used for areas to be planted
with sod.
C. Cleaning: Soil shall be further prepared by ttie removai of debris, building materiais,
rubbish, weeds and stones larger thaa one ineh in diameter.
I� Fine Grading: After tillxge and cleaning, alI areas to be planted shali be topdressed with
one-haif inch compost and then shail be leveled, fine gaded, and drug with a weighted
spike harrow or float drag. The reqaired result shail be the elimination of ruts,
depressions, humps and objectiona.ble soil clods. This shatl be the finat soil preparation
step to be completed before planting.
3.Q3 PLA.NTING
Prior to Iaying 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 shalI be laid smoothly,
tightly buited edge to edge, and with staggered joints. The sad si�all be pressed firmly into the
sod bed by rolling ar by hanc3 tamping wieh an appraveci tamper so as ta eliminate a11 air pockets,
provide a hue and even surface, and insure l:nitting withaut displacement of the sod or
cicformation of the surfaces of sodded areas. Following cnmgaction, compost shall be used ta fill
all cracks between sods. Excess compost shall be evorked into the �rjrass with suitable equiprnent
and shalt be weit �vatered. "Che quantity of comgost shall be such that it wiil cause no smothering
ar bvrning of tiie grass.
3.0� FIiR'TII,iZ3?�G
"C�uent}r-ane days after nlanting, turkgrass <ue:�:s shait recciE•� an application af 3-1-2 fertilix.�r at
the rate of 45 p�unds of nitrogen per acre, i�Jat�e �t��elI after appIication to pree=ent h�tmirig.
i:�rL7 OF SEC"!'!UN
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Temporary Access Permit and Workspace License Agreement 38 of 38