HomeMy WebLinkAboutContract 51959-A3 Trinity River Authority of Texas r
Planning,Design and Construction Administration
DATE: December 8, 2020 City Secretary Contract no. 51959-A3
FILE: 3828.642/3110.635.003
TO: Matt Murray
Assistant City Attorney I
City Attorney's Office
200 Texas Street
Fort Worth, Texas 76102
RE: Denton Creek Regional Wastewater System
Henrietta Creek Interceptor, 25HC-1
Third Amendment to the Interlocal Agreement with City of Fort Worth
(City Secretary Contract No. 51959)
Dear Matt:
The Authority executed an Interlocal Agreement(Agreement,Attachment A) with the City of
Fort Worth(City) on October 24, 2018, for the above referenced project. The Agreement
provides the Authority with permanent and temporary easement rights to construct the 25HC-1
Interceptor and to conduct tree mitigation within Chadwick Farms Park. Terms of the
Agreement included a date of commencement no later than April 15, 2019, as summarized
below.
a. License Period. The term of the access to and use of the area described in Exhibit D shall
consist of one (1) license period of two hundred fifty(250) consecutive calendar days,
commencing no later than April 15, 2019. TRA must notify the Director of the City's Parks and
Community Services Department or that person's designee ("Director') at least five (5)
business days prior to the date on which the License Period will commence. The license period
shall end at 11 :59 p.m. on the 250th calendar day following the day of commencement
("License Period'). If TRA 's use of the Licensed Premises does not commence on or before
April 15, 2019, TRA shall immediately begin to restore the surface of the area previously
licensed by the City to TRA through City Secretary Contract No. 46707 which was executed on
May 28, 2015. Such restoration shall be in full compliance with the terms of City Secretary
Contract No. 46707 and shall include all Park property included in both City Secretary Contract
No. 46707 and this Agreement.
The First Amendment to the Agreement(Attachment B) was executed on August 29, 2019, for
a revised commencement date of no later than August 13, 2019. A Second Amendment to the
Agreement(Attachment C) was executed on April 21, 2020 which revised the date of
Recyc OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
MR. MATT MURRAY
December 8, 2020
3828.642
Page 2
commencement to no later than April 8, 2020. The Authority requests a Third Amendment to
increase the License Period to three hundred and eighty-seven (387) consecutive calendar
days, expiring on April 30, 2021, to account for delays incurred due to adverse weather and for
the necessary time to establish replacement vegetation by hydro-mulch seeding during the
cold weather season. This Third Amendment shall result in no increase to the value of the
Agreement. All other provisions of the Agreement not specifically amended hereby remain in
full force and effect. If this Third Amendment is acceptable, please indicate your acceptance
and acknowledgment by signing below and returning an original executed copy to this office.
Re pectfully submitted,
Kt ELPDAVIS6.E.
Manager, Capital Improvement Program
Planning, Design and Construction Administration
KAD/cj r/tms
Attachment A— Interlocal Agreement with the City of Fort Worth
Attachment B—First Amendment to Interlocal Agreement with the City of Fort Worth
Attachment C—Second Amendment to Interlocal Agreement with the City of Fort Worth
APPROVED:
City of Fort Worth 4Trinit River Authority of Texas
Dec 20,2020Valerie Washington Date e n I Date
Assistant City Manager General Manager
Approved as to Form and Legality:
Dec 18,2020 � 16.�
Matt Murray Date VoArd S. Slobodin Date
Assistant City Attorney I General Counsel
ATTEST:
Dec 21,2020
Mary Kayser Date Itloward S. Slobodin Date
City Secretary a444�nn�� General Counsel
p9� FORrkn OFFICIAL RECORD
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Attachment A CITYSECRETAW
CONTRACT NO. J�
INTERLOCAL AGREEMENT
FOR CHADWICK FARMS PARK
This Interlocal Agreement for Chadwick Park("Agreement') is made and entered into by
and between the City of Fort Worth (hereinafter referred to as "City"), a home-rule municipal
corporation organized under the laws of the State of Texas, acting by and through its duly
authorized Assistant City Manager, and Trinity River Authority of Texas (hereinafter referred to
as"TRA"), a conservation and reclamation district and political subdivision of the State of Texas,
created by and functioning under TEx.REV.CIV.STAT.ANN. Art. 8280-188, and acting pursuant
to the powers granted by that article and general law, by and through its duly authorized General
Manager.
The following statements are true and correct and constitute the basis upon which the City
has executed the Agreement:
A. This Agreement is made under the authority granted by and pursuant to Chapter
791 of the Texas Local Government Code;
B. The City owns a certain piece of property known as Chadwick Farms Park,located
at 15700 Cleveland-Gibbs Road, Fort Worth, Denton County, Texas 76262, and
more accurately depicted in Exhibit A, which is attached hereto and incorporated
herein for all purposes ("Park").
C. TRA owns a Substitution Easement and Right-of-Way ("Easement') through the
Park which authorizes it to construct sanitary sewer lines within the confines of the
Easement,and which permits TRA the right of reasonable ingress and egress across
the adjacent Park property for purposes of constructing and maintaining said lines.
A copy of the Easement is attached hereto as Exhibit B.
D. TRA requires additional permanent and perpetual rights through an undeveloped
portion of the Park for the purpose of constructing, operating and maintaining an
additional sanitary sewer line providing service to the City of Fort Worth said
permanent rights being described in the instrument attached hereto as Exhibit C,
and additionally certain temporary rights to facilitate construction, described on
Exhibit D.
E. This Agreement will provide TRA with both permanent rights and temporary
access and workspace to a portion of the Park for purposes of reconstructing a
sanitary sewer line beneath the Park and within the Easement owned by TRA and
within the area described in Exhibit C, which is in the common interest of both
parties and will benefit the general public.
F. Each governing body, in performing government functions or in paying for the
performance of governmental functions hereunder, shall make that performance or
those payments from current revenues legally available to that party.
G. The City and TRA find that the subject of this Agreement is necessary for the
RECEIVED benefit of the public and that each has the legal authority to perform and to provide
FEB 21 2019
CITY OF FORTVV(Ilocal Agreement for Chadwick Farms Park 1 of 51
CITY SKCRETARY
the government function or service that is the subject matter of this Agreement.
H. The City and TRA are parties to City Secretary Contract No. 46707 which was
executed on May 28,2015. The City and TRA agree that nothing in this Agreement
shall be construed as to alter the obligations of either party under City Secretary
Contract No. 46707.
Agreement
I. Grant of Permanent Rights
For the consideration in hand paid by TRA to the City of Twelve thousand five-hundred
seventy-nine dollars and twenty cents ($12,579.20), the City shall grant TRA the
permanent rights described in Exhibit C by the execution of that instrument.
II. Term of Temporary Rights
a. License Period. The term of the access to and use of the area described in Exhibit
D shall consist of one (1) license period of two hundred fifty (250) consecutive calendar
days, commencing no later than April 15,2019. TRA must notify the Director of the City's
Parks and Community Services Department or that person's designee ("Director") at least
five (5) business days prior to the date on which the License Period will commence. The
license period shall end at 11:59 p.m. on the 250th calendar day following the day of
commencement ("License Period"). If TRA's use of the Licensed Premises does not
commence on or before April 15,2019, TRA shall immediately begin to restore the surface
of trie Licensed Premises in accordance with this Agreement. NOthing hereln sha11 reduce
or alter TRA's obligations to restore the property described in City Secretary Contract No.
46707.
b. Extension of License Period. If TRA fails to complete all obligations hereunder in
accordance with this Agreement on or before the expiration of the License Period,
including,but not limited to,restoration as specified herein,then TRA agrees to extend the
License Period on a month-to-month basis until TRA has completed all obligations
pursuant to this Agreement. If an extension occurs, then TRA shall pay or cause the City
to be paid rent in the amount of one dollar and fifty cents per square foot per month for the
entirety of the Licensed Premises(as hereinafter defined)under this Agreement,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.
The extension of the License Period shall occur and renew automatically each month until
TRA receives notice from the City that all of its obligations under the Agreement have
been completed. 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, except as
is authorized by any easements or permanent rights held by TRA. TRA's rights in and to
the Licensed Premises hereunder shall be strictly limited and shall fully and absolutely
Interlocal Agreement for Chadwick Farms Park 2 of 51
terminate and be of no further force and effect at the conclusion of the License Period or
applicable extension period, except as is authorized by any easements held by TRA. After
the License Period or applicable extension period ends, all rights of TRA in and to the
Licensed Premises shall,automatically and without the need for any further documentation,
fully and unconditionally terminate,whereupon TRA shall have no right of entry or use of
the Licensed Premises whatsoever except as is authorized by any easements held by TRA.
III. Licensed Premises
a. Subject to the tenns and conditions set forth in this Agreement and the City Charter
and ordinances, for and in consideration of the monetary payments to be made hereunder
and the other covenants and promises expressed herein, the City does hereby agree to
license to TRA during the License Period the use of the following portions of the Park for
the purposes stated herein:
l. A portion of the Park,the description, location, and boundaries of which are
depicted in Exhibit D, which is attached hereto and incorporated herein for all purposes as
though it were set forth at length ("Licensed Premises"), for use as temporary access and
workspace for purposes of constructing a sanitary sewer line beneath the Park and within
the area described in Exhibit C and for no other purpose.
2. The parties understand and acknowledge that TRA has an Easement that
grants it the right of reasonable ingress and egress across the Park, where necessary, for
the purposes of laying, constructing, inspecting, operating, maintaining, repairing,
replacing, adding, changing, or removing its sanitary sewer pipelines (see Exhibit B). In
the interest of efficiency and protection of the Park and its patrons,the parties hereby agree
to the following with respect to ingress and egress concerning the Project:
i. The Access and Workspace Area is referred to herein as the
"Licensed Premises."
ii, TR A and its contractors and subcontractors shall enter the Park and
access and exit the Licensed Premises and the area described in Exhibit C
via the access road on the neighboring "Lot 1, Block 1 Fairway Ranch
Addition"tract, which is depicted in Exhibit C. If TRA desires ingress and
egress access to any other portion of the Park not specified herein but which
may be allowed pursuant to the terms of its Easement,then the parties agree
to work together to come to a mutual agreement concerning the location of
such access, recognizing the interest of TRA in exercising its rights under
the Easement and the City in protecting its interest in the Park. If TRA
utilizes ingress and egress access to any other portion of the Park which is
not pursuant to this Agreement or to the terms of its Easement, then TRA
shall pay or cause the City to be paid reasonable fees as determined by the
Fair Market Value and square footage of the property utilized.
iii. TRA agrees to contact the Director at least twenty(20)calendar days
prior to accessing the Park for its construction activities within the
Easement.
Interlocal Agreement for Chadwick Farms Park 3 of 51
3. TRA's use the Park is strictly limited to the Licensed Premises, its existing
permanent easement and the area as depicted in Exhibit C and TRA shall not have access
to any other area of the Park. In the event any portion of the Park is occupied or used,
either actively or passively, outside of the Licensed Premises,then TRA shall pay or cause
the City to be paid monthly rent in the amount of one dollar and fifty cents per square foot
for the entirety of the Licensed Premises. Such payment shall be made in full to the City
for a minimum of one, full thirty day period. If TRA removes or damages trees through
any such unauthorized use, TRA shall also pay to the City a tree mitigation fee, in
accordance with Exhibit E. Upon notification by the City, TRA shall immediately cease
such use or occupancy and immediately restore any such Park property in accordance with
the applicable provisions set forth in this Agreement.
IV. Consideration
a. Contemporaneously with executing this Agreement, TRA shall deliver to the
offices of the City's Parks and Community Services Department (the
"Department"), 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115,
payment of a Fee of twelve thousand five hundred seventy-nine dollars and twenty
cents ($12,579.20) as consideration for the approximately 0.31448 acres of
easement area granted under this Agreement.
b. Contemporaneously with executing this Agreement, TRA shall deliver to the
offices of the City's Parks and Community Services Department (the
"Department"), 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115,
payment of a License Fee of fifty-eight thousand two hundred and seventeen dollars
($58,217.00) for the use of approximately 58,211 7 square feet of parkland granted
as a temporary workspace under this Agreement.
c. Consideration for any additional use of the Licensed Premises beyond the initial
250 day license period will be in accordance with Section II.
d. The proposed alignment will impact approximately 58 trees totaling 52.3 Cali_ner
inches within the park. Mitigation fees in the amount of $83,200.00, has been
assessed for the proposed tree removal impacts. TRA will pay to the City a
mitigation fee of eighty-three thousand two hundred dollars ($83,200.00). All
remaining trees will be protected with tree protection fencing. Any additional
impacts shall be assessed under the CRZ notes as defined in Exhibit E.
V. Acceptance of Licensed Premises
TRA takes all portions of the Licensed Premises and all appurtenances in "AS IS"
condition without any express or implied warranty on the part of the City. TRA accepts
the Licensed Premises in their present condition, finds them suitable for the purposes
intended, and further acknowledges that it is thoroughly familiar with such condition by
reason of personal inspection and does not rely on any representations by the City as to the
condition of the Licensed Premises or their suitability for the purposes intended. TRA
accepts the Licensed Premises subject to any and all previously recorded easements that
may have been granted on,along, over, under, or across said property,and releases the City
Interlocal Agreement for Chadwick Farms Park 4 of 51
from any and all damages, claims for damages, loss, or liabilities that may be caused to
invitees, licensees, or trespassers by reason of the exercise of such rights or privileges
granted in said easements. TRA's taking possession of the Licensed Premises shall be
conclusive evidence that: (a)the Licensed Premises are suitable for the purposes and uses
for which same are licensed; and (b)TRA waives any and all defects in and to the Licensed
Premises and all the appurtenances thereto. The City shall not be liable to TRA, its
agents, employees, contractors, subcontractors, invitees, licensees, or guests for any
damage to any person or property due to the acts or omissions of TRA, its agents,
employees,contractors, or subcontractors, unless such damage is caused by the gross
negligence or willful misconduct of City or its agents, employees, separate
contractors, or subcontractors.
VI. Use Not Exclusive
With respect to the Licensed Premises,this Agreement and all rights granted to TRA herein
are strictly non-exclusive. The City reserves the right to enter into and grant other and
future licenses, leases, and other authorizations for use of the Park and the Licensed
Premises to other persons and entities as the City deems appropriate in accordance with
applicable law; provided, however, that in granting subsequent authorization for use, the
City will not allow a use that will unreasonably interfere with IRA's use of the Licensed
Premises as provided herein. This Agreement does not establish any priority for the use of
the Park or the Licensed Premises by TRA or by any present or future licensees or other
pen-nit 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 pen-nit holders, as determined by the airy in the exercise of its powers, inc,u ing
the police power and other powers reserved to and conferred on it by the State of Texas.
VII. Limitations on Use
a. Construction on the Licensed Premises is allowed only between 7:00 A.M. and 7:00
P.M.Monday through Friday_ For purposes of this provision,the term "construction," shall
include (i)clearing, dredging, excavating, compacting, or grading of land; (ii) delivery or
assembly of pipe, fittings, or similar materials; and (iii) operation of heavy equipment,
including,but not limited to, a backhoe,backhoe loader,boom truck,bulldozer,compactor,
crane, dump truck, excavator, grader, grapple truck, loader, pile driver, power shovel,
roller, scraper, tractor, trencher, and tunnel boring machine.
b. All TRA equipment and materials shall be placed and maintained solely within the
confines of the Licensed Premises. Unless otherwise approved by the Director, TRA shall
enter and leave the Park and access the Licensed Premises via the neighboring "Lot 1,
Block 1 Fairway Ranch Addition"tract, which is depicted in Exhibit C. Cleveland-Gibbs
Road shall not be used for ingress and egress purposes. TRA's use of the Licensed
Premises hereunder shall be solely restricted to IRA'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.
lnterlocal Agreement for Chadwick Farms Park 5 of 51
C. In accessing and using the Licensed Premises, TRA shall comply with all of its
obligations and responsibilities under this Agreement and under any and all applicable,
federal, state, or local law, rule, or ordinance.
VIII. Public Safety
a. TRA shall be solely responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with TRA's use of the Licensed Premises
and the Park.
b. At a minimum, TRA shall: (i) install and maintain construction fencing in
accordance with any preconstruction plans agreed to by the Director; and (ii) ensure that
no equipment or materials are stored in the Park in a manner that is not secure. Following
installation of the fencing, TRA shall contact the Director to inspect for proper installation.
TRA shall ensure that all equipment and materials are stored on the Licensed Premises in
an enclosed area that shall be kept locked when not in use, and TRA shall provide the
Director with keys for all fence and entry locks. At no time shall any fenced area be left
open unless staffed by security personnel.
C. In addition, TRA shall provide construction and maintenance signs and sufficient
barricades at work sites to protect the public. The use of traffic control devices shall be
consistent with the standards and provisions of Part VI of the Texas Manual on Uniform
Traffic Control Devices. TRA shall also take all necessary precautions and shall provide
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 TRA; (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
TRA, or TRA's employees, agents, contractors, or subcontractors, regardless of whether
such material and equipment is stored on or off the Licensed Premises; and (c) other
property on or adjacent to the Licensed Premises.
TX. Protection. of the Fnyirnyirnent
a. TRA shall not handle or store any Hazardous Materials on the Licensed Premises
or the Park, except that TRA may, in compliance with applicable environmental laws, use
and store Hazardous Materials in such amounts and types that are commonly used in
connection with pipeline bursting operations, provided, however, that TRA specifically
agrees to remove any and all such Hazardous Materials on or before the final day of the
License Period. TRA shall not introduce, use, generate, store, accept, or dispose of on,
under, or about, transport across, or permit to exist on the Licensed Premises or the Park
any"treatment, storage or disposal facility"or"underground storage tank," as those teens
are defined under applicable environmental laws. For purposes of this Agreement,
"Hazardous Materials" shall mean potentially dangerous hazardous wastes, toxic
substances, or related materials, including, but not limited to, pollutants; asbestos;
polychlorinated biphenyl (PCB); petroleum or other fuels (including crude oil or any
fraction or derivative thereof); underground storage tanks, and substances considered
hazardous, toxic, or the equivalent pursuant to applicable laws. Any Hazardous Materials
used by TRA on the Licensed Premises shall be posted on site and a list shall be given to
lnterlocal Agreement for Chadwick Farms Park 6 of 51
City.
b. TRA shall not create or aggravate any condition at the Park or the Licensed
Premises that could present a threat to human health or to the environment.
X. Documenting Condition of Licensed Premises
TRA must provide the Department with videographic documentation of the condition of
the Licensed Premises as they exist both before and after the uses pennitted herein. All
such video must include a visible date and time stamp indicating when the videography
occurred. TRA must submit documentation of the pre-installation condition prior to
commencing any work on the Licensed Premises. Post-installation documentation must
be submitted no later than five (5) business days after the last day of the License Period.
Department staff will distribute copies of the documentation to all appropriate City
personnel to detennine whether any damage has been done to the Licensed Premises.
XI. Minirnizin2 Impact on Vegetation
a. TRA is authorized to remove trees from the Park as represented and set forth in
Exhibit E and shall pay to the City a tree mitigation fee of Eighty-three thousand two
hundred dollars US. ($83,200.001 due and payable to the Department prior to commencing
any use of the Licensed Premises under this Agreement. TRA shall not cut, remove or
damage any other trees on the Licensed Premises except as agreed to otherwise by the
parties.
b. Prior to beginning any construction, TRA shalt install perimeter construction
fencing in accordance with any preconstruction plans agreed to by the Director. In
addition, to minimize damage during construction, TRA shall install chain link fencing on
the outside drip line of trees and other vegetation specifically identified by the Director at
a pre-construction meeting and as outlined in accordance with Exhibit E,which is attached
hereto and incorporated herein for all purposes. TRA shall notify the Director once the
PrimetPr fencing and tree nrntection measures have been installed and allow the Director
an opportunity to inspect the work before construction begins. The City shall have at least
four (4) business days following the date on which notice is received to conduct its
inspection. TRA may begin construction on or after the third (3rd) business day following
the date on which it provided notice to the City unless the City contacts TRA and identifies
specific issues that render the perimeter fencing or tree protection measures unacceptable.
C. TRA shall ensure that tree protection fencing remains in place throughout the
License Period or any extended License Period. At no time shall any tree be damaged or
removed except as allowed herein. If any other tree within the Park is damaged in
connection with TRA's operations,TRA agrees to undertake remediation efforts, including
paying of remediation costs, in accordance with Exhibit R, which is attached hereto and
incorporated herein for all purposes. Any fencing shall remain in place until such time as
the Licensed Premises are restored pursuant to the terms of this Agreement.
Interlocal Agreement for Chadwick Farms Park 7 of 51
XII. Minimizing Impact on Utilities
a. TRA acknowledges the existence of City-owned utilities in the Park and Licensed
Premises (including, but not limited to, waterlines, sewer lines, and storm drains) and
covenants and agrees to install protective matting over such utilities in accordance with
any preconstruction plans agreed to by the Director, which agreement shall not
unreasonably be withheld, and in compliance with specifications approved by the City's
Water Department. Following installation of the matting, TRA shall contact the Water
Department (John Lopez or other designated representative) for inspection and approval.
b. TRA shall provide the Department with a copy of the matting specifications and
the Water Department's inspection report within twenty-four (24) hours of receiving the
report from the Water Department and prior to mobilization of pipeline construction
equipment in the Park. TRA may begin construction after the date on which it provided
the inspection report and specifications to the Department unless the Department contacts
TRA and identifies specific issues that render the measures unacceptable.
XIII. Restoration of Improvements
To the extent any road,curb, gutter,irrigation system,utility line, barricade, fence, or other
improvement is destroyed, removed, or altered in connection with TRA's activities under
this Agreement, as determined in the sole reasonable discretion of the Director, TRA shall
reconstruct and restore such improvement in a good and workmanlike manner to a
condition that is equal to or better than the one in which such improvement existed as of
the date this Agreement is fully executed, as evidenced by the pre-installation video
required under Section X of this Agreement. Any restoration required under this section
must be completed by TRA and inspected and approved by the Director prior to the
expiration of the License Period or the License Period will be extended per Section II.
XIV. Restoration of Surface of Licensed Premises
To the extent any portion of the surface of the Park incl,,,ding both the Licensed Premises
and Easement, is damaged or disturbed in connection with TRA's activities under this
Agreement, as determined by the Director in his sole reasonable discretion, TRA shall
restore the surface of the Licensed Premises by; (i) aerating the soil using a heave-action
aerator with six-to-eight inch tines to address compaction caused during the use of the
Licensed Premises; (ii) replanting and reseeding with Common Bermuda grass in
accordance with the seeding specifications outlined in the attached Exhibit F; and (iii)
watering the replanted and reseeded areas as needed until the replacement vegetation is
reasonably established and has been approved and accepted by the Director. Prior to
planting, TRA shall provide the Director with documentation certifying the type and
quality of the materials to be planted. The Director may, in exercise of reasonable
discretion, reject any plant material that does not meet the requirements of this section or
Exhibit F or is otherwise unacceptable for one or more specific, clearly identified reasons.
Any restoration required under this section must be completed by TRA in compliance with
the specifications set forth in this section and the attached exhibits and inspected and
approved by the Director, which approval shall not be unreasonably withheld, prior to the
expiration of the License Period or the License Period will be extended per Section Il.
Interlocal Agreement for Chadwick Farms Park 8 of 51
XV. Discretionary Limited Access to Care for and Establish Vegetation
a. TRA may request limited access to the Licensed Premises to water, care for, and
establish replacement vegetation required under Section XIV ("Limited Access"). A
request for Limited Access must be made in writing and delivered to the Department at
least one month prior to the expiration of the License Period or extended License Period.
Replacement vegetation or seed must be in place at the time the request is made.
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 TRA materials or equipment may remain on
the Licensed Premises with the exception of irrigation directly involved in irrigation and
temporary fencing used to protect areas being restored. TRA's use of the Licensed
Premises under Limited Access in accordance with this Section shall not invoke any
additional extended License Period beyond that which already exists at the time that
Limited Access is granted.
XVI. Liability, Indemnification.
a. TRA agrees to pay City for all damages suffered or incurred by City, either directly
or indirectly, as a result of any operations on or from the Licensed Premises conducted for
or by TRA, its agents, employees or representatives, including all damage or injury to
standing or fallen timber,buildings,fences,equipment,and all other property,whether real
or personal. TRA warrants against any slumping or settling as it relates to the work within
the Park related to TRA's installation of the sewer line or the uses permitted herein and
agrees to pay City for all damages related to such slumping, settling, or both.
b. SUBJECT TO THE LIMITATIONS OF TEXAS LAW, TRA COVENANTS
AND AGREES TO AND DOES HEREBY INDEMNIFY,HOLD HARMLESS,AND
DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF THE
ACTS OR OMISSIONS OF TRA, ITS OFFICERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS,INVITEES,LICENSEES,VOLUNTEERS, OR PROGRAM
PARTICIPANTS. TRA LIKEWISE COVENANTS AND AGREES TO,AND DOES
HEREBY, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST
ANY AND ALL INJURIES, DAMAGE, LOSS, OR DESTRUCTION TO
PROPERTY OF CITY DURING THE PERFORMANCE OF ANY OF THE TERMS
AND CONDITIONS OF THIS AGREEMENT. HOWEVER, THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL NOT EXTEND TO ANY
LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR
ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS,
AND,IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH
TRA AND THE CITY,RESPONSIBILITY AND LIABILITY,IF ANY, SHALL BE
APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF
THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A
Interlocal Agreement for Chadwick Farms Park 9 of 51
WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER
PROVIDED BY THE LAWS OF THE STATE OF TEXAS.
C. TRA covenants and agrees that City shall no way or under any circumstances be
responsible for any property belonging to TRA, its members, employees, agents,
contractors,subcontractors, invitees,licensees,or trespassers that may be stolen,destroyed,
or in any way damaged, and TRA hereby indemnifies and holds harmless City from
any and all such claims. City does not guarantee police protection and will not be liable
for any loss or damage sustained by TRA, its members, employees, agents, contractors,
subcontractors, invitees, licensees, or trespassers on any of the Premises.
d. TRA agrees that City shall not be liable for any loss, injury or damage whatsoever
suffered or incurred by TRA or IRA's agents, employees or representatives while on the
Licensed Premises.
e. All of the obligations set forth above are subject to the limitations of state law and
subject to any defenses or immunities TRA may possess.
XVII. INSURANCE
a. Duty to Acquire and Maintain
TRA shall cause its contractor to procure and maintain at all times, in full force and
effect, a policy or policies of insurance to provide coverages of the types and amounts
specified herein, naming the City as an additional insured and covering all public risks
related to the use, occupancy, condition, maintenance, existence, or location of the Park
and the construction, installation, operation, maintenance, repair, reconstruction, or
condition of the pipeline. The insurance required hereunder may be met by a
combination of self-insurance and primary and excess policies. TRA shall provide proof
of all requirements stated herein to the City prior to beginning any work pursuant to this
Agreement.
b. Types and Amounts of Coverage Required
1. Commercial General Liability:
i. $5,000,000.00 per occurrence, including coverage for the following:
(i)Premises Liability; (ii)independent contractors; (iii)products/completed
operations; (iv) personal injury; (v) contractual liability; (vi) explosion,
collapse, and underground property damage
2. Property Damage Liability:
i. $5,000,000.00 per occurrence
3. Umbrella Policy
i. $5,000,000.00
Interlocal Agreement for Chadwick Farms Park 10 of 51
4. Environmental Impairment Liability (EIL) &/or Pollution Liability
i. $5,000,000 per occurrence
ii. $10,000,000 aggregate
5. Automobile Liability:
i. $1,000,000.00 per accident, including, but not limited to, all owned,
leased, hired, or non-owned motor vehicles used in conjunction with the
rights granted under this Agreement
6. Worker's Compensation:
i. As required by law
7. Employer's Liability:
i. $1,000,000.00 per accident
c. Revisions to Required Coverage
At the reasonable recommendation of the City's Risk Manager,the City may at any
time revise insurance coverage requirements and limits required by this Agreement.
TRA agrees that within thirty (30) days of receipt of written notice from the City,
TRA will implement all such revisions requested by the City. Policies shall not
have exclusions that nullify or alter the required lines of coverage, or decrease the
limits of said coverages required by this Agreement, unless such endorsements are
approved in writing by the City. The policy or policies of insurance shall be
endorsed to provide that no material changes in coverage,including,but not limited
to, cancellation, termination, non-renewal, or amendment, shall be made without
thirty (30) days' prior written notice to the City.
d. Underwriters and Certificates
TRA shall procure and maintain its insurance with underwriters who are authorized
to do business in the State of Texas and who are acceptable to the City in terms of
solvency and financial strength. Within ten(10)business days following execution
of this Agreement, TRA shall furnish the City with certificates of insurance signed
by the respective companies as proof that it has obtained the types and amounts of
insurance coverage required herein. In addition, TRA shall, on demand, provide
the City with evidence that it has maintained such coverage in full force and effect.
e. Deductibles
Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed $1,000,000.00 in the annual aggregate unless the limit per
occurrence or per line of coverage, or aggregate is otherwise approved by the City.
Interlocal Agreement for Chadwick Farms Park 11 of 51
f. Waiver of Subrogation
TRA 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
The insurance requirements set forth in this section and any recovery by the City of
any sum by reason of any insurance policy required under this Agreement shall in
no way be construed or affected to limit or in any way affect TRA's liability to the
City or other persons as provided by this Agreement or law.
XVIII.Prohibition Against Liens
TRA shall not do any act or make any contract that may be purported to create or be the
foundation of any lien on or any interest in the Licensed Premises or the Park. Any such
act, contract, or lien attempted to be created shall be void. Should any purported lien on
the Licensed Premises be created or filed, TRA shall, at its sole expense, liquidate and
discharge same within ten (10) business days after notice from the City to do so.
XIX. Notices
All notices required or permitted under this Agreement shall be conclusively determined
to have been delivered when (i) hand-delivered to the other party, its agent, employee,
servant, or representative, or (ii) received by the other party by reliable overnight courier
or United States Mail,postage prepaid,return receipt requested,at the address stated below
or to such other address as one party may from time to time notify the other in writing.
To THE CITY: To TRA:
Director Manager
Parks and Community Services Construction Management Services
City of Fort Worth Trinity River Authority of Texas
4200 South Freeway, Ste 2200 5300 S. Collins
Fort Worth, Texas 76115 Arlington, Texas 76018
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
1000 Throckmorton
Dallas, Texas 75201
Fort Worth, Texas 76102
Interlocal Agreement for Chadwick Fauns Park 12 of 51
XX. Independent Contractor
It is expressly understood and agreed that TRA shall operate as independent entity in each
and every respect hereunder and not as an agent, representative, or employee of the City.
TRA shall have the exclusive control and the exclusive right to control all details and day-
to-day operations and activities relative to operation of TRA and installation of the pipeline
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. TRA acknowledges that
the doctrine of respondeat superior shall not apply as between the City and TRA, its
officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees.
Nothing contained in this Agreement shall be construed as the creation of a partnership or
joint enterprise between the City and TRA.
XXI. Prohibition Against Assignment
TRA may not sell, assign, or otherwise transfer any of its rights or obligations under this
Agreement without the prior, written consent of the City. Any such attempted assignment
without the City's consent shall be void.
XXIL Compliance with haws and Regulations
a. In operating under this Agreement, TRA agrees to comply with all applicable
federal, state, and local laws, regulations, and ordinances, including all City ordinances,
charter provisions,and rules,regulations, and requirements of the City's Police,Fire,Code
Compliance, Transportation and Public Works, and Health Departments.
b. TRA will not knowingly do or suffer to be done anything on said Licensed Premises
during the terms of this Agreement in violation of the laws, statutes, ordinances, rules,
regulations, charter provisions, directives or requirements referenced in this Agreement. If
the City calls the attention of TRA to any such violation on the part of said TRA or any
person employed by or admitted to said Licensed Premises by TRA,TRA will immediately
(or otherwise as soon as reasonably possible) desist from and correct such violation and/or
vacate the Licensed Premises.
XXIII.Taxes
TRA acknowledges and agrees that it shall be solely responsible for paying all taxes
assessed or imposed by any governmental entity in connection with the construction,
installation, operation, maintenance, repair, or reconstruction of the pipeline and with the
use of the Licensed Premises or other City property related to activities within the scope of
this Agreement.
XXIV.Force Maieure; Homeland Security
If either party is unable, either in whole or part, to fulfill its obligations under this
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of
public enemies; wars; blockades; insurrections; riots; epidemics; public health crises;
earthquakes; fires; floods; restraints or prohibitions by any court, board, department,
lnterlocal Agreement for Chadwick Farms Park 13 of 51
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.
XXV. Ileadin2s
The section headings contained herein are solely for convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
XXVI.Choice of Law; Venue
This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas. If any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this Agreement, venue for such action shall lie in state courts
located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas -Fort Worth Division.
XXVII. Governmental Powers
It is understood and agreed that by execution of this Agreement, the City and TRA do not
waive or surrender any of their respective governmental powers.
XXVIIL Authorization
By executing this Agreement, TRA's agent affirms that he or she is authorized by TRA to
execute this Agreement and that all representations made herein with regard to TRA's
identity, address and legal status (corporation, partnership, individual, etc.) are true and
correct.
XXIX.Entirety of Agreement
This instrument (including all attachments, schedules, and exhibits attached hereto)
constitutes the entire understanding and agreement of the City and TRA as to use of the
Licensed Premises and the Park. Any prior or contemporaneous oral or written agreement
is hereby declared null and void to the extent in conflict with the terms and conditions of
this Agreement. This Agreement shall not be amended unless agreed to in writing by both
parties.
By executing this Agreement, TRA agrees to and accepts the terms, conditions and provision
contained herein.
Interlocal Agreement for Chadwick Farms Park 14 of 51
IN WITNESS WHEREOF,the parties hereto have executed this Agreement this 19A day
of �r6,Yu,ry , 2019 in Fort Worth, Tarrant County, Texas.
Trinity River Authori of T xas The City of Fort Worth
By: By: ��� Sign 8
. evin Ward Fernando Costa
General Manager Assistant City Manager
Approved s to F d egality: Approved as to Form and Legality:
By: By: �Apin
o rA S. Slobodin Matthew A. MufFay
General Counsel Assistant City Attorney
ATT ATT ST:
By:
Had !< odin Mary kalys r
Secretary, Board of Directors City Secreta
Contract Authorization -M&C: ,
M&C L-16156; October 16, 2018
Form 1295: N/A
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Name of Employee
'Rk�-I rl P1V
Title
Interlocal Agreement for Chadwick Farms Park 15 of 51
Exhibit A
Park
'or
•` .• r '�,
1�
C-
2 m '
3 i Zp �'M
Ri
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Interlocal Agreement for Chadwick Farms Park 16 of 51
Attachment B
Trinity River Authority of Texas
2
Northern Region Office
3828.642 P r?�
CONSECRETARY NN q51-8 -_
August 19, 2019 '
ro g 'e� 00
r J? ��j 40
Mr. Matt Murray ti° �a
Assistant City Attorney I :_A
City Attorney's Office
200 Texas Street
Fort Worth, Texas 76102
RE: Denton Creek Regional Wastewater System
Henrietta Creek Interceptor, 25 HC-1
First Amendment to Interlocal Agreement with City of Fort Worth
(City Secretary Contract No. 51959)
Dear Mr. Murray:
The Authority executed an Interlocal Agreement (Agreement) with the City of Fort Worth (City)
on October 24, 2018, for the above referenced project. The Agreement provides the Authority
with permanent and temporary easement rights to construct the 25HC-1 Interceptor and to
conduct tree mitigation within Chadwick Farms Park. Terms of the Agreement included a date
of commencement no later than April 15, 2019, as summarized below.
a. License Period. The term of the access to and use of the area described in Exhibit D shall
consist of one (1) license period of two hundred fifty (250) consecutive calendar days,
commencing no later than April 15, 2019. TRA must notify the Director of the City's Parks and
Community Services Department or that person's designee ("Director') at least five(5) business
days prior to the date on which the License Period will commence. The license period shall end
at 11:59 p.m. on the 250th calendar day following the day of commencement("License Period').
If TRA's use of the Licensed Premises does not commence on or before April 15, 2019, TRA
shall immediately begin to restore the surface of the area previously licensed by the City to TRA
through City Secretary Contract No. 46707 which was executed on May 28, 2015. Such
restoration shall be in full compliance with the terms of City Secretary Contract No. 46707 and
shall include all Park property included in both City Secretary Contract No. 46707 and this
Agreement.
The Authority requests the date of commencement be amended to no later than August 13,
2019, to coincide with the Authority's construction contract Notice to Proceed date. This First
Amendment is for a revised commencement date only, and shall result in no increase to the
P.O.Box 240
Arlington,Texas 76004-0240
(817)493-5100 41%
MR. MATT MURRAY
August 19, 2019
3828.642
Page 2
value of the original Agreement. All other provisions of the Agreement not specifically amended
hereby remain in full force and effect. If this First Amendment is acceptable, please indicate
your acceptance and acknowledgment by signing below and returning an original executed copy
to this office.
*ectfullybmitted,
I , P.E.tal Improvement Program
Planning Design and Construction Administration
KAD/cea
Attachment
APPROVED:
City of Fort Worth Trinity River Authority of Texas
0
"q
Fernando Costa Date P6eneral
Kevin Ward Date
Assistant City Manager Manager
Approved as to Form and Legality:
•tip- �3�z►�.i� '�� •��
Matt Murray Date HG6ard S. Slobo in Date
Assistant City Attorney I General Counsel
ATTE T
� U
ly }
��1
a, y Kayser Date rd S. Slobodin Date,���� 0� ►i
City Secretary j� �eneral Counsel ����� �.•' �, ��
Attachment C
Trinity River Authority of Texas r
Planning, Design and Construction Administration
DATE: April 8, 2020 City Secretary Contract No. 51959-A2
FILE: 3828.642
TO: Matt Murray
Assistant City Attorney I
City Attorney's Office
200 Texas Street
Fort Worth, Texas 76102
RE: Denton Creek Regional Wastewater System
Henrietta Creek Interceptor, 25HC-1
Second Amendment to the Interlocal Agreement with City of Fort Worth
(City Secretary Contract No. 51959)
Dear Matt:
The Authority executed an Interlocal Agreement (Agreement) with the City of Fort Worth (City)
on October 24, 2018, for the above referenced project. The Agreement provides the Authority
with permanent and temporary easement rights to construct the 25HC-1 Interceptor and to
conduct tree mitigation within Chadwick Farms Park. Terms of the Agreement included a date
of commencement no later than April 15, 2019, as summarized below.
a. License Period. The term of the access to and use of the area described in Exhibit D shall
consist of one (1) license period of two hundred fifty(250) consecutive calendar days,
commencing no later than April 15, 2019. TRA must notify the Director of the City's Parks and
Community Services Department or that person's designee ("Director') at least five (5)
business days prior to the date on which the License Period will commence. The license
period shall end at 11:59 p.m. on the 250th calendar day following the day of commencement
("License Period). If TRA's use of the Licensed Premises does not commence on or before
April 15, 2019, TRA shall immediately begin to restore the surface of the area previously
licensed by the City to TRA through City Secretary Contract No. 46707 which was executed on
May 28, 2015. Such restoration shall be in full compliance with the terms of City Secretary
Contract No. 46707 and shall include all Park property included in both City Secretary Contract
No. 46707 and this Agreement.
The First Amendment to the Agreement (Attachment B) was executed on August 29, 2019, for
a revised commencement date of no later than August 13, 2019. The Authority requests a
Second Amendment to further revise the date of commencement to no later than April 8, 2020,
to account for delays incurred by unforeseen conditions at the downstream pipeline connection
and the COVID-19 Pandemic. This Second Amendment shall result in no increase to the value
of the Agreement. All other provisions of the Agreement not specifically amended hereby
MR. MATT MURRAY
April 8, 2020
3828.642
Page 2
remain in full force and effect. If this Second Amendment is acceptable, please indicate your
acceptance and acknowledgment by signing below and returning an original executed copy to
this office.
Respectfully submitted`,
1
K*EL LY"A. DS, E.
Manager, Capital Improvement Program
Planning, Design and Construction Administration
KAD/cjr/anf
Attachment A- Interlocal Agreement with the City of Fort Worth
Attachment B - First Amendment to Interlocal Agreement with the City of Fort Worth
APPROVED:
City of Fort Worth Trinity River Authority of Texas
-id- Apr 21, 2020 7 esyl,� w�VY Apr 21, 2020
Fernando Costa(Apr 21,2020) J.Kevin Ward(Apr 21,2020)
Fernando Costa Date J. Kevin Ward Date
Assistant City Manager General Manager
Approved as to Form and Legality:
maft Murray Apr 21, 2020 Hoy~ds Apr 21, 2020
Matt Murray(Apr 21,2020! Howard S.Slobodin(Apr 21,2020)
Matt Murray Date Howard S. Slobodin Date
Assistant City Attorney I General Counsel
ATTEST:
Apr 21, 2020 Apr 21, 2020
Howard S.Slobodin(Apr 21,2020)
Mary Kayser Date Howard S. Slobodin Date
City Secretary General Counsel