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AIR MONITORING SITE LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND TEXAS COMMISSION ON EVIRONMENTAL QUALITY
This Air Monitoring Site License Agreement ("Agreement") is made and entered into by and
between the City of Fort Worth ("City"), a home-rule municipal corporation organized under the laws of
the State of Texas, acting by and through its duly authorized Assistant City Manager, and Texas
Commission on Environmental Quality ("TCEQ"), a state agency, acting by and through its Director of
the Monitoring Division. "City" means and includes the City of Fort Worth and its officers, members,
representatives, directors, agents, and employees. "TCEQ" means and includes the Texas Commission on
Environmental Quality and its members, employees, agents, contractors, subcontractors, invitees, or
licensees. The City and TCEQ shall be referred to collectively as the "Parties."
The following statements are true and correct and constitute the basis upon which the City has
executed this Agreement:
WHEREAS, on or about 1971, the United States of America, acting by and through the Secretary
of the Interior and the Director of the Bureau of Outdoor Recreation, deeded to the City a certain piece of
real property known as Rolling Hills Park located at 2525 Joe B. Rushing Road, Fort Worth, Texas 76119
(the "Park"), a description of which is attached hereto as E�ibit A and incorporated herein for all
purposes, which said deed is filed of record with the County Clerk of Tarrant County (the "Deed") and is
subject to certain reservations, exceptions, restrictions, conditions, and covenants;
WHEREAS, the Park is home to the City's Forestry Section, which operates a 71-acre tree farm
at the Park;
WHEREAS, TCEQ's mission is to protect Texas's public health and natural resources through
clean air, clean water, and the safe management of waste;
WHEREAS, TCEQ has a program in place to monitor air quality, which includes the placement
and operation of air monitoring systems throughout the Dallas/Fort Worth area;
WHEREAS, as part of the air monitoring program, TCEQ enters into umbrella grant agreements
with certain agencies, public institutions of higher education, or political subdivision of the State of Texas
to construct, maintain, and operate such air monitoring systems;
WHEREAS, in relation to construction, maintenance, and operation of the contemplated air
rnonitoring systems at the Licensed Premises under this Agreement, the above-referenced agencies, public
institutions of higher education, and political subdivisions act as TCEQ's "agents" and shall be included
in any reference to the word "agent(s)";
WHERAS, to further its mission and promote the air quality program, TCEQ desires to license a
portion of the Park for the construction, maintenance, and operation of an air monitoring system, which
includes a 10-meter weather tower;
WHEREAS, the City has determined that the air monitoring system will benefit the public, Park,
and the surrounding environment by providing the City with access to real-time data, including general air
pollution and meteorological data;
WHEREAS, the data obtained from the air monitoring system will assist the City's Forestry
Division in tree farm maintenance and water conservation, rovide an essential lea 'ng tool for the tree
����CIA1� �EC4�L1
Air Monitoring Site Agreement between the City oF Fort Worth
And Texas Commission on E�iviroiunental Quality
�li'X S�CfiLEi��Y
1 of 49
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farm volunteers and visitors, and serve as a teaching aid in the importance of air quality; and
WHEREAS, the City has requested and received concurrence from the Secretary of the Interior
of the United States of America or an individual acting on its behalf ("Federal Government") to enter into
this Agreement far the purposes stated herein.
WHEREAS, City and TCEQ for and in consideration of the covenants and agreements
hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows:
1.
Incorporation of Recitals and Grant of License
1.01 The Parties agree that the recitals set forth above are true and correct and form the basis
upon which the Parties have entered into this Agreement.
1.02 City, as owner of the Park, does hereby grant unto TCEQ a non-exclusive license to enter
upon and use the portion of the Park set forth in the attached Exhibit B, ("Licensed Prenuses") which is
incorporated herein by reference, for the purpose of constructing, maintaining, and operating the System
(defined below) during the initial term and any renewal term, subject to the terms of this Agreement.
TCEQ shall be limited only to the area of access depicted in E�ibit B. Use of the access road is strictly
to allow access for construction, operation, and maintenance of the System.
2.
License Term
2.01 This Agreement shall begin on the last date of signature of the City and TCEQ and shall
continue for an initial term of years (3) years after the date that the Agreement began (the "Term").
TCEQ shall have the option to extend this Agreement for one additional two (2) year term ("Renewal
Term"). A Renewal Term may only be exercised if no default on the part of TCEQ has occurred and is
continuing under any provision of this Agreement. An option to renew this Agreement for a Renewal
Term must be exercised in writing by TCEQ no less than sixty (60) days prior to the commencement date
of the Renewal Term and must be approved by City. The entire length of this Agreement shall not exceed
iive (5) years.
3.
Consideration
3.01 As sufficient consideration for the use of the Licensed Premises, TCEQ shall provide the
City with real-time access of all of the data collected from the System, including, but not limited to,
general air pollution and meteorological data, which will provide a substantial benefit to the public and
the suirounding environment and valuable environmental information that will be used to assist the City's
Forestry Division in tree farm maintenance and water conservation, provide an essential learning tool for
the tree farm volunteers and visitors, and serve as a teaching aid in the importance of air quality.
4.
Condition of the Property
4.01 On or prior to the beginning of the Term, TCEQ shall conduct a thorough and diligent
inspection of the Licensed Premises. TCEQ's execution of this Agreement shall be conclusive evidence
that the Licensed Premises is in satisfactory condition for TCEQ's intended use. No promises of City to
alter, repair, or improve the Licensed Premises and no representations respecting the condition of the
Air Monitoiing Site Agreement beriveen the City of Fort Worth
And Texas Commission on Envirorunental Quality
2 of 49
Licensed Premises have been made by City to TCEQ, other than as expressly, contained in this
Agreement. .
5.
TCEQ's Obligations, Rights, and Use of the Property
5.01 The Licensed Premises shall be used for the purpose of constructing, maintaining, and
operating a continuous air monitoring system housed in an aluminum utility trailer with a metal roof plus
auxiliary equipment outside the trailer, including a 10-meter weather tower, that requires approximately
2,000 square feet of ground space covered with a site pad (e.g., six inches of limestone) ("System"). The
trailer will be environmentally controlled and contain instrumentation as deemed appropriate by the
TCEQ, as well as peripherals required for the proper operation of the instruments.
5.02 TCEQ shall erect a controlled-access entry into the Licensed Premises in the form of a
gate, chain-link fence, or similar structure to ensure that unauthorized individuals cannot enter the
Licensed Premises. The TCEQ shall also install a controlied access entry on the entry point of the
System's trailer. The controlled access entries shall be kept locked with a secure combination lock when
not in use. At no time shall any fenced or locked area be left open unless staffed by appropriate
personnel. In accessing and using the Licensed Premises, TCEQ 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. TCEQ shall provide the City with the combination of all locks. The City may, at any
time, enter the Licensed Premises in case of emergency and must notify TCEQ within a reasonable time
after entering the Licensed Premises. The City may also enter the Licensed Premises for any other reason
deemed necessary by the City's Director of the Parks and Community Services Division or his designee
("Director") with the agreement of TCEQ. The Director shall notify TCEQ of its intent to enter the
Licensed Premises and TCEQ will respond within seven (7) days.
5.03 TCEQ shail not install, erect, assemble, manufacture, fabricate, or construct any
pertnanent structure on the Licensed Premises.
5.04 TCEQ shall have the right of ingress and egress to the Licensed Premises during the term
of this Agreement.
5.05 TCEQ and TCEQ's contractors, subcontractors, agents, and employees shall not bring
any Hazardous Material in or about the Park or Licensed Premises or any construction or maintenance
area.
If the presence of any Hazardous Material on the Park or Licensed Premises caused by TCEQ or
by TCEQ's contractors, subcontractors, agents, or employees results in any contamination of the Park or
Licensed Premises, TCEQ shall promptly take all actions, at its sole expense, as are necessary to return
the Park or Licensed Premises to as near as possible the condition existing prior to the introduction of any
such Hazardous Material to the Park or Licensed Premises, provided that City's approval of such action
shall first be obtained with respect to actions required by TCEQ, City's approval not to be unreasonably
withheld.
As used herein, "Hazardous Material" means any element, compound, mixture, solution, particle
or substance which presents danger or potential danger for damage or injury to health, welfare or to the
environment and shall include, but shail not be limited to (I) any pollutant, toxic substance, hazardous
waste, hazardous material, hazardous substance, or oil as deiined in or pursuant to: (a) the Resource
Conservation and Recovery Act, as amended; (b) the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended; (c) the Federal Clean Water Act, as amended; (II)
any other chemical, material or substance (a) which is regulated as a"toxic substance" (as defined by the
Air Monitoring Site Agreement behveen the City of Fort Wortlt
And Texas Commission on Enviromnental Quality 3 of 49
Toxic Substance Control Act, 15 U.S.C. Sec. 2601 et seq., as amended); or (b) which is a"hazardous
waste" (as defined by the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq., as
amended); or (c) which is a"hazardous substance" (as defined by the Cornprehensive Environment
Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Sec. 9601 et seq., as
amended); (III) those substances which are inherently or potentially radioactive, explosive, ignitable,
corrosive, reactive, carcinogenic or toxic; (IV) those substances which have been recognized as
dangerous or potentially dangerous to health, welfare or to the environment by any federal, state,
municipal, county or other governmental or quasi-governmental authority and/or any department or
agency thereof or which are the subject of any other federal, state or local environmental law, regulation,
ordinance, rule or bylaw, whether existing as of the date hereof, previously enforced or subsequently
enacted, including but not limited to: (a) polychlorinated biphenyls ("PCBs") or "PCB items" (as defined
in 40 C.F.R. Sec. 761.3) or any equipment which contains PCBs; (b) any asbestos or asbestos-containing
materials; (c) stored, leaked or spill petroleum products; or (d) exposure to which is prohibited, limited
or regulated by any federal, state, county, regional, local or other governmental statute, regulation,
ordinance or authority of which, even if not so regulated, may or could pose a hazard to the health and
safety of TCEQ, City and the occupants of or invitees to the Park or Licensed Premises.
5.06 The grant of the rights contained in this Agreement shall in no way disrupt existing or
future recreational opportunities and amenities available at the Park.
5.07 TCEQ, at its sole cost and expense, will cause the construction, installation, operation,
maintenance, repair, and reconstruction of all utilities, including, but not limited to, electric and network
and communication services for the Licensed Prernises.
5.08 All equipment installed at the Licensed Premises to support TCEQ's air monitoring
operations (whether or not said equipment constitutes a fixture under Texas Property Code) shall remain
the property of TCEQ.
5.09 'TCEQ certifies that it has read and understands the Deed and agrees to comply with all
applicable terms and conditions set forth therein.
5.10 TCEQ's employees, agents, and contractors have the same rights of occupation and
access granted to TCEQ under this Agreement except as otherwise set forth in this Agreement.
6.
Construction
6.01 TCEQ shall, at TCEQ's sole expense, construct the System in a good and workmanlike
manner and otherwise in compliance with all applicable laws and construction standards. TCEQ shall
submit to City the plans for construction of the System ("Construction Plans") prior to commencement of
construction. City shall accept or reject the Construction Plans, at City's discretion, in writing within
iifteen (15) business days of receipt. TCEQ shall conduct all construction work in substantial confornuty
with the Constiuction Plans. No substantial changes to the approved Construction Plans may be made
without the written approval of City. TCEQ may commence work on the Licensed Premises only after the
Construction Plans have been approved in writing by City. All Construction Plans, specifications, and
work shall conform to all legal requirements. Any approvals by City of the Construction Plans or other
plans or specifications relating to the System shall not constitute or be deemed (i) to be a release by City
of the responsibility or liability of TCEQ or any of its contractors and their officers, agents, employees,
and subcontractors, for the accuracy or the competency of the plans and specifications, including, but not
limited to, any related investigations, surveys, designs, working drawings, and other specifications or
documents, or (ii) an assumption of any responsibility or liability by City for any negligent act, error, or
Air Monitodng Site Agreement between the City of Fort Worth
And Texas Commission on Environmental Quality 4 of 49
omission in the conduct or preparation of any investigation, surveys, designs, working drawings, and
other specifications or documents by TCEQ or any of its contractors and their officers, agents, employees,
and subcontractors.
6.02 TCEQ shall coordinate with the Director at least seven (7) days prior to construction for a
pre-construction meeting to certify the location of the Licensed Premises, construction limitations, and
construction schedule. At no time shall TCEQ mobilize any equipment until the preconstruction meeting
has commenced.
6.03 TCEQ shall submit a utility location plan for review and approval prior to construction of
the System.
6.04 All materials associated with the excavation of the Licensed Premises shall be removed
from the Park and the Licensed Premises.
6.05 Any land disturbed outside of the Licensed Premises shall be restored immediately upon
completion of construction in accordance with the City policies set forth below.
6.06 Prior to the time any contractor is permitted to enter the Licensed Premises to construct,
install, operate, or maintain the System, such contractor must execute a temporary right of entry
agreement with the City substantially similar to the agreement set forth and attached hereto as E�ibit C.
7.
Maintenance, Repair, Damage, and Destruction During the Term
7.41 TCEQ shall, at its sole expense, keep the Licensed Premises, in good condition,
maintenance, and repair.
7.02 In case of damage to or destruction of the Licensed Premises, TCEQ shall cause the
damage to be repaired or restored as soon as practicable to a condition equal to or better than existed prior
to the damage or destruction, at TCEQ's sole cost and expense, unless the damage or destruction was
caused by City or City's ofiicers, agents, employees, separate contractars, and subcontractors.
7.03 If the Licensed Premises is not maintained or repaired in a reasonable manner or TCEQ
fails to repair the damage or destruction to the Licensed Premises within a reasonable time, City shall
notify TCEQ in writing, and TCEQ shall have thirty (30) calendar days from the date of the notice to cure
the non-compliance. If TCEQ does not cure the non-compliance within thirty (30) calendar days from the
date of the notice (or, if the nature of the cure reasonably requires longer than thirty (30) days, then if
TCEQ does not commence the cure within thirty (30) days from the date of the notice and continue
diligently thereafter to complete the cure), then City may provide for the performance of the necessary
repairs or maintenance, and TCEQ shall reimburse City promptly for all actual expenses related to the
repairs or maintenance upon written request of City. All work performed on the Licensed Premises shall
be done in a good and workmanlike manner and otherwise in compliance with all applicable laws and
construction standards and be subject to the approval of the Director.
7.04 The requirements under this section are subject to available funds appropriated by the
Texas Legislature for such purposes.
Air Monitoiing Site Agreement between the City of Fo�t Worth
And Texas Commission on Environmental Quality 5 of 49
8.
Duties of TCEQ Upon Termination or Expiration of the Agreement
8.01 Upon the natural expiration of this Agreement, TCEQ shall remove any and all
equipment placed on the Licensed Premises on or before the expiration of term or any renewal.
8.02 If this Agreement is terminated by the parties for whatever reason prior to the expiration
of the term or any renewal thereof, TCEQ shall remove any and all equipment placed on the Licensed
Premises within sixty (60) days after the effective date of ternunation.
8.03 Upon removal of the TCEQ equipment, and at the request of City, TCEQ shall restore the
Licensed Premises to as similar as possible to the condition it was in prior to the installation of the
System. Any restoration shall be subject to the approval of the Director. If the City requests that TCEQ
leave any item in place, such as the site pad or weather station, the City shall be solely responsible for the
items left in place, in the condition that they are left in place.
9.
Liability and Release
9.01 TCEQ hereby releases the City and its predecessors in title from any and all losses,
injuries, claiins, lawsuits, costs, and/or damages of whatsoever kind or character, whether real or asserted,
known or unknown, arising out of or related to this Agreement, except when the loss, injury or damage is
caused by the negligence ar willful misconduct of the City, its officers, employees, subcontractors, or
agents, and only then to the extent of the proportion of any fault determined against City for its negligent
or willful misconduct.
9.02 TCEQ covenants and agrees that City shall in no way or under any circumstances be
responsible for property belonging to TCEQ that may be stolen, destroyed, or in any way damaged,
except if the loss, injury or damage is caused by the negligence or willful misconduct of the City, its
officers, employees, subcontractors, or agents, and only then to the extent of the proportion of any fault
determined against City for its negligent or willful misconduct. City does not guarantee police protection
and will not be liable for any loss or damage sustained by TCEQ or its members, employees, agents,
contractors, subcontractors, invitees, licensees, or trespassers on the Licensed Premises.
9.03. This section shall survive the expiration or early ternunation of this Agreement.
10.
Default and Termination
10.01 Event of Default. TCEQ shall be in default of this Agreement if any of its duties and
obligations set forth in any portion of this Agreement are not performed ('Bvent of Default").
10.02 Notice to Cure. If City deternunes that an Event of Default has occurred, City shall
provide a written notice to TCEQ that describes the nature of the Event of Default. Licensee shall have
thirty (30) calendar days from the date of receipt of this written notice to fully cure or have cured the
Event of Default (or a reasonable period thereafter if TCEQ has commenced the cure with the thirty (30)
day period and is diligently pursuing the completion of the cure).
10.03 Termination for Event of Default. If an Event of Default has not been cured within the
time frame specifically allowed under Section 10.02, City shall have the right to terminate this Agreement
Air Monitoring Site Agreement bet�veen the City of Fort Wortl�
And Tesas Commission on Environmental Quality 6 of 49
immediately and provide for the performance of the cure, and Licensee shall reimburse Licensor promptly
for all actual expenses related to the cure upon written request of City.
10.04 Ternunation Without Cause. The City may terminate this Agreement without cause by
providing TCEQ with forty-five (45) days written notice of termination. Notwithstanding anything to the
contrary, the City also reserves the right to terminate this Agreement upon the request or demand of the
Federal Government in the manner and method set forth by the Federal Government.
11.
Notices
11.01 All written notices called for or required by this Agreement shall be addressed to the
following, or such other party or address as either party designates in writing, by certified mail, postage
prepaid, or by hand delivery:
City:
Director
Parks and Community Services
City of Fort Worth
4200 South Freeway, Ste. 2200
Fort Worth, Texas 76115
TCEQ:
Susan Simonet
Network Coordinator
TCEQ
PO Box 13087
I��[1.�
Austin, TX 78711-3087
12.
Insurance
As an agency of the State of Texas, TCEQ is not required to maintain insurance of any kind. Any
contractars will have, at a minimum, current insurance coverage as detailed below and will maintain it
throughout the term of their activities on the Licensed Premises. Prior to commencing any work on the
Licensed Premises, the contractor shall deliver to City, certificates documenting this coverage. The City
may elect to have the contractor submit its entire policy for inspection.
A. Insurance coverage and limits:
1
2.
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
1000 Throckmorton
Fort Worth, Texas 76102
Commercial General Liability Insurance $1,000,000 each occurrence; $2,000,000 aggregate
Automobile Liability Insurance
Air Monitoring Site Agreement between the City of Foit Woith
And Texas Commission on Environmental Quality 7 of 49
Coverage on vehicles involved in the wark performed under this contract: $1,000,000 per
accident on a combined single limit basis or: $500,000 bodily injury each person; $1,000,000
bodily injury each accident; and $250,000 property damage.
The named insured and employees of Contractor shall be covered under this policy. The City of
Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for
damage occurring while loading, unloading and transporting materials collected under the
Contract shall be included under tlus policy.
3. Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease -policy limit
$100,000 disease -each employee
B. Certificates of Insurance evidencing that the contractor has obtained all required insurance shall
be delivered to the City prior to Contractor proceeding with the Contract.
1. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its
interests may appear. The-term City shall include its employees, ofiicers, officials, agents, and volunteers
as respects the Contracted services. .
2. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided
under applicable policies documented thereon.
3. Any failure on part of the City to request required insurance documentation shall not constitute a
waiver of the insurance requirements.
4. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be
provided to the City. A ten (10) days' notice shall be acceptable in the event of non-payment of prenuum.
Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to Department of
Financial Management Services - Risk Management Division, City of Fort Worth, 1000 Throckmorton
Street, Fort Worth, Texas 76102.
4. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise
approved by the City; and, such insurers shall be acceptable to the City in terms of their financial
strength and solvency.
5. Deductible limits, or self-insured retentions, affecting insurance required herein shall be
acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative
coverage maintained through insurance pools or risk retention groups also must be approved.
Dedicated financial resources or Letters of Credit may also be acceptable to the City.
6. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as
respects the Contract.
7. The City shall be entitled, upon its request and without incurring expense, to review the
Contractor's insurance policies including endorsements thereto and, at the City's discretion; the
Contractor may be required to provide proof of insurance premium payments.
Air Monitoring Site Agreement between the City oF Fort Worth
And Texas Commission on Environmental Quality 8 of 49
8. The Commercial General Liability insurance policy shall have no exclusions by endorsements
unless the City approves such exclusions.
9. The City shall not be responsible for the direct payment of any insurance premiums required by
the contract. It is understood that insurance cost is an allowable component of contractor's
overhead.
10. All insurance required above shall be written on an occurrence basis in order to be approved by
the City.
13.
Miscellaneous
13.01 Lien. TCEQ will not cause or permit any mechanic's liens or other liens to be filed
against the Licensed Premises by reason of any work, labor, services, or materials supplied or claimed to
have been supplied to TCEQ.
13.02 Assi m�nt. Except as expressly provided herein, TCEQ may not assign its interest under
this Agreement without written approval of City, which approval may not be unreasonably withheld.
TCEQ may, however, without City's consent but following at least sixty (60) days' advance notice to
City, assign this Agreement to an affiliate of TCEQ, to any governmental or quasi-governmental entity
created by the City of Fort Worth or the State of Texas, or to any other successor owner of the Licensed
Premises.
13.03 Governin�w. TCEQ agrees to comply with all applicable federal, state, and local laws,
regulations, and ordinances, including all City ordinances, policies (which policies are attached hereto as
Exhibit D and incorporated herein for all purposes), charter provisions, rules, and regulations.
13.04 Contract Construction. The parties acknowledge that each party and, if it so chooses, its
counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
13.05 No Third-Party Beneficiarv. This Agreement shall inure only to the benefit of the parties
hereto, their successors and assigns. No other third person shall be considered a third party beneficiary of
this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own third party
contracts or commitments.
13.06 Severabilitv. The provisions of this Agreement are severable, and if any word, phrase,
clause, sentence, paragraph, section, or other part of this Agreement or the application thereof to any
person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or
unconstitutional for any reason, the remainder of this Agreement and the application of such word,
phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or
circumstances shall not be affected thereby. Any provision that is held to be void or unenforceable as to
anyone will be replaced with language, agreed to by the parties to this Agreement, that is as close as
possible to the intent of the original provision.
13.07 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 Travis County, Texas.
Air Monitoring Site Agreement between the City of Fort Wotth
Aud Texas Coimnission on Environmental Quality 9 of 49
13.08 Governmental Powers. By execution of this Agreement neither party waives or surrender
any of it governmental powers or sovereign immunity.
13.09 Entire Contract. This Agreement (including the attached exhibits) contains the entire
Agreement between parties, and no oral statements or prior written matter not specifically incorporated
herein are of any force and effect. No modifications are binding on either party unless set forth in a
document executed by that party.
13.10 Authorization. By executing this Agreement, TCEQ's agent affirms that he or she is
authorized by TCEQ to execute this Agreement and that all representations made herein with regard to
TCEQ's identity, address and legal status (corporation, partnership, individual, etc.) are true and correct.
13.11 Counter�arts and Electronic Signatures. This Agreement may be executed in several
counterparts, each of which will be deemed an original, but all of which together will constitute one and
the same instrument. A signature received via facsimile or electronically via email shall be as legally
binding for all purposes as an original signature.
13.12 Headings. The section headings contained herein are solely for convenience in reference
and are not intended to deime or limit the scope of any provision of this Agreement.
13.13 Independent Contractor. It is expressly understood and agreed that TCEQ shall operate as
independent entity in each and every respect hereunder and not as an agent, representative, or employee
of the City. TCEQ shall have the exclusive control and the exclusive right to control all details and day-
to-day operations and activities relative to operation of TCEQ and construction, maintenance, and
operation of the System and shall be solely responsible for the acts and omissions of its ofiicers, agents,
servants, employees, contractors, subcontractars, licensees, and invitees. TCEQ acknowledges that the
doctrine of respondeat superior shall not apply as between the City and TCEQ, 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
TCEQ.
13.14 Force Majeure. If either City or TCEQ is unable, either in whole or part, to fulfill its
obligations under this Agreeinent due to acts of God; strikes, lockouts, or other industrial disturbances;
acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes;
fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the
United States or of any state; declaration of a state of disaster or of emergency by the federal, state,
county, ar City government in accordance with applicable law; issuance of an Imminent Threat Alert ar
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. TCEQ hereby waives any claims it may have against the City for damages resulting from any such
Force Majeure Event.
Air Monitoiing Site Agreetnent between the City of Foit Wotth
And Texas Conunission on Environmental Quality l0 of 49
13.15 Availability of Funds. This Agreement and all claims, suits or obligations arising under
or related to this Agreement are subject to the receipt and availability of funds appropriated by the Texas
Legislature for the purposes of this Agreement or the respective claim, suit or obligation, as applicable.
IN WITNESS WHEREOF, the Parties have executed this Agreement below:
Tesas Commission on
Environmental Quality
By:
Date: s'�Z�3
�.
ti .
�,' .,..
Air Monitoring Site Agreement between tl�e City of Fort Wortli
.4nd Texas Commission on Environmental Quality
City of Fort Worth
. f`v`{ j' -��/��.�,
By. � _ -____
Susan Alanis
Assistant City Manager
Date: '> � r � � 1
APPROVED AS TO FORM ANID LEGALITY
A nt City Attorney
OFFICIAL RECORD
CITY SECRETAIRY
FT. WORTH, T�, o �9
Richard C. Chism
Directar,
Monitoring Division
1' Vl L YY Vl l,ll� 1 l'AUJ / V 1 V L
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
�
,�
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Before me, the undersigned authority, on this day personally appeared Susan Alanis, Assistant
City Manager of the City of Fort Worth, known to me to be the person and officer whose name is
subscribed to the foregoing insttument, and ackuowledged to ine that she executed the saine as the act and
deed and on behalf of the City of Fort Worth, a municipal corparation of Tai7ant County, Texas, for the
purposes and consideration therein expressed.
GIVEN LTNDER MY IIAND f'1ND SEAL OF OFFICE, this j��
�Q,,t.,� , 2013.
= ��i"�����"• I�(Npq M. HIRRLINGER
'�`�;� PY� :
';"� MY �'OMMISSION EXPIRES ��� �[�� �JI.I'1��
',;'��F s�;�� FAbNary 2, 2014 NOiary PUb11C
THE STATE OF TEXAS
COUNTY OF TARRANT
0
�
day of
Before me, the undersigned authority, on this day personally appeared Richard C. Chism, known
to me to be the person whose name is subscribed to the faregoing instrument and that he acknowledged to
me that the same is the act of TCEQ, and that s/he executed the same as the Directar of the Monitoring
Division of TCEQ, and for the purposes and considerations expressed in the foregoing instrument.
GIVEN LJNDER MY HAND ANID
, 2013.
SEAL OF OFFICE, this o�o n`� day
Notaiy Public
,.
• . _, ,
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� 4
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of
Air Monitoring Site Agreement between the City of Fort Worth
And Texas Commission on Environmental Quality l2 of 49
Exhibit A
The Park
Air Monitoiing Site Agreement beriveen the City of Fort Worth
And Texas Commission on Environmental Quality 13 of 49
��
�
� -
DEl�lt)
The llNT'1LU STi�`1'li
the Secretury of the
i �-",'L�. t_ � _��_ � ) ���
,,;, _
f'�-� - .
I !�"P'-� i�:.
; by and through
anct through the
llirector� Bureau of Uutdoor Recreation, tu�dei• and pursuant
to the powai• and authority contalned in the provisions oP the
Pederul Property and Admini�trative Services Nct of 1y49
(ti3 Stat. 3']'7)� as amended� and peirticularly as aruended by
}'ublia Law 48�, Jlst Congress� and regulations anQ orders
promulgated thereunder (hereinafter decignate�l "Gr<intor")�
for and in consideration of tY,c perpetuul use of the hereina£ter
described premises as and for public park and public recreatlon
area purposes� by the City of Port Worth� Texas (hereinuLtcr
designated "Grantee") cloes by these pi•esents, bargain, :;ell,
gr;.int acid convey without warrenty� express or implied, to
Grantee� and to its succe�eors and assigns� subject l:o L-hc
�reservations, exceptions� restriction:, condltiot�s and
covenants hereinafter expressed and set forth� a11 Gr�titor's
right� title and interest in and to the following desci•ibed
property� consisting of �pproximately 20'�.29 acrea� located
in Tarrant County� 'texas� together with the 1ppurtenances�
tbe buildin�s and improvewents thereon� and more particulurly
described a� follows:
PEL;
zi tract of land out of the U. 5. Public
llealth Service Flospital prop�rty� consisting
of :0').2y acres of land� iunre or less�
,ituate�i in thc eoucheast portion of the
ility af Fort 4lurth� Tar:unt County� Texas�
:aid tract of l�nd being in the most
northerly northea:;t portion of the U. S.
Ptibllc li�alth S�.rvice li�spital property�
lying north cf Tappait, Road� west oE 'Wichita
Si.re�,t� east of C:iniptts Ui�ive and southwc�sterly
01' Old t�lunsfield Hoad� sald tract being e�
portion of the land conveyed to Che United utates
of lunerlera by tl�e F'ort t•Jorth Chambur of
Cummeree Uy lleE:d dated Mareh 16� 1y33, and
recorded in Volwue 1181� 1'age 445� Uoed Hecords
oT Turi�ant Couiity� 7'exas.
:�aid tracC being �i portion af the L. }iogers�
,i. Co11etL and NaChun Atterberry Surveys iit
'1'arrani: Cc�unCy, Texas � and commencin� at
a poinl;� caid point Uein(�, un 1nCerior corner
murkad by a six inch (6") by six incl� (6") by
thr�e Fuot (3') concrate moiiwuent which hus
1
,
Air Monitoring Site Agreement between the City of Fort Worth
And Texas Commission on Euvironmeutal Quality 14 of 49
betarings of east and N.0°12'W,� sald
point Uein�; aiest a distunce or 7�9.44
foot from the northeast corn�r of the
L. tiogers Survey, within tiie U. S.
Yublic H�ali:h S�rvice Hospital propertyt
2'honee: N.£39°3q'E, a distance of 620.65 foot
to a three quarter inch (3/4") iron pin
for a corner.
Thence: N.U°12'YJ. :� di�tance of 1750.0
fuut to a six inch (6") by six inch i6�')
by t}�ree foot (3') concrete monumont for
a corner.
Thence: N.£i9°44'E. a distanee of 110.0
foot; to A six inch (6'�) by six inch (6") by
three foot (3') concrete monument for a
corner.
Thence: N.0°12'i�l, a distance of 320.0
foot to a six inch (6") hy six inch (6")
by three foot (3') concrete monument in
th�:nvrth property line of said tract ior
a corner.
Thence: N.89°44'k;. along the said north
property line a distanco of 916.23 foot
to a one and one quarter inch (14") iron
pin for a corner said iron pin being the
most norther.ly northwe�t corner of the
tract ,urroiinding the U. S. Yub.lic Health
Service Hospital.
� Thence: 5.29°32'W. a distance of 323.42
foot to a three quarter inch (3/4") iron
pin for a corner.
Thenco: 5:11°�0'W, a distance of 463.04 foot
to a three quarter inch (3/4") iron pin £or a
corner.
Thence: S.43°49'E. a dist�nce of 412.55
foot to a one and one quarter inch (1#") iron
pin for o corner. .
Thence: 5.�+3°31'W. a distanee of 11'74.55 foot
to a throe quarter inch (3/4") iron pin for
a cornc+r.
Thence: S. 32°54'W. a distanee of 478..95 foot
to a three quarter inch (3/4") 3ron pin for
a corner.
Thence: S.0°12�E. a distance of 12b9.%2 foot
to a three quarter inch (3/4") iron pin for
a corner.
Thence: Pi.3�°13'E. a distance of ll9�.�0
foot to a one and one quarter inch (1�") lron
pin for a corner.
_ �
ThencQ:S.II4°09'E, a distanee of 920.50 foot
to a three quarter ineh (3/4") iron pin
for a corner.
w_.
�� � . . �,?`, . _ .
Air Monitoring Site Agreement behveen tlie City of Fort Woith
And Texas Commissiou on Enviromnental Quality
2
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'.
I 5 of 49
7'hencos 3.30°7.9�L�, q distanee of II39.57
I'oot to u Chree nuarter inch (3/�b") iron
pin for a corner.
Tt�enca: N.36°2b��. n distancQ of 18�F2.G3
foot to a thr�;e quarter inch (3/4�"} iron
��1n 1n the northaast property liue of the
I7. S. Ptitblie He�lt11 Service tract� said iron
pin Ueing the r�ast northerly northeast
corner oT tl�e tract �urrounding the U, S.
Public Health Service Hospital and in the
southwest right-of-way line of thQ Texas
Electric Service Company's right-of-way.
'l�hence: 5.0�13�E, along the east property
line of snid tr�et and west right-of-way line
of the Texas lilectric 5c:rvice Company's
right-of-way at %85.49 foot passing a
�+"xC+"x3' concrete marlcer�,proceeding
8.0°13'E, at 2Q0.0 foot passing a 4"x4"x3'
concrete marlcer� proceeding S.0°13'L. a
clist�nr,e of 1394v0 footi i:o a one and one
quarter inch (13�") iron pin for a corner,
a total distance or 2379.49 foot, said lron
pin being the southeast corner of said tract
t�erein being described.
Thence: N.E��°42'VJ. along the south properi:y
line of said tract� north right-of-way line of
Tappan Road a distance of 44t3`J,0 foot to a ate
and one quarter inch (1�") iron pin for a c��rner�
said iron >in heing at the lntersection of �.t�e
north righ�-of-tiiny lino of Tappnn Road and Llie
northeast ri�l�t-of-way line of Campus llrive.
Thence: N.31°0?'W. along the southwes� prap�rty
line of said tract� northeast right-oY-way litie
of C vnpus Arive a distance of 1112.%4 foot La
ttie P.C, of a curve to the right in a nori;herly
direction (Delta nngle 5�°27�Rt.� Radius 11�t0.0
Foot� Tangents 624.�(3 foot� length ll43.0� foot)�
^aid P.C. being marked by ❑ threo quarter inch
(3/4") iron pin.
Thence: Alon� said curve to the right in a
northerly direct;ion a distance of 1143.07 fuot
to the Y.T. of said curve� and a three qu�rter
icich (3/4") iron pin for a marker of the Y.T.
Thence: Ne2G°25'L, a distance of 53.b4 foot to a
three quartor inch (3/4") iron pin for a corner�
said iron pin being in the east right-of-way llne
of Campus Drive and being the most westerly northwest
corner.
Thence: Last, a disbance of 124g.03 foot to a
wix inch (6") by six inch (6"} by three foot (3')
c��ncrete mam�ment un�i �aid concreta monumant being
tho plt�ce of beginni.ng� 3ii a� shown on plat
attacLed hereto� marlced I:xhiUit A.
PT;RPGTiJIlT, �AST'?9i:N'P POR INGR�SS AP�D PCrRRSS
!i truct of land situaCed in tho southeaNt portion
of the City uf rort Y/orth� Tarrant County� Texas,
aud Ueing a porl;ion oF a ri�ht-of-iaay owneei by
the 1'exas rluctrie Service Cumpany� located bet�ieen
tha east boucidary line of the U. S. Public Hea].th
Sorvice H4spital property and the West right•-of-way
Air Monitoring Site Agreement behveen the City of Fort Woith
And Texas Commission on Environmental Quality 16 of 49
;�
line of tdlchitr� Street� said tract being a
portlou of thcs lrind over whicl� perpetua.L
easem�,nts oi' ingress and egress were cativeyed
by Clyde k. �•tutklns to the United `atates of
,i�*�ei•ica Uy instrument dated June 8� 1933�
said Crnct being more particularly described
:�s folloris:
F�'rom a three quarter inch (3/iF") iron pin
in the most eustern norttieast cornrr of the
U. S. Public Health Service Ho�pital
property� said corner also being a z•e-entrant
corcier of the Texas r�lectric Service Comp3ny
property.
'Cheiic,e: South 00°13� east� alone the common
line between the U. S. Public Health Service
I?roperty and the 'lexas Electrie 3ervice
Company right-of-way� %£35.49 feet to a
4°x4"x3' concrete marlcer.
Thence: Tdorth f3y°47' east, 50 feet to the point
of beginning.
Thence: North II9°4j' east� 100 feet to a
!+"x4"x3' concrete marker �ituated in the west
rigY�t-of-way line of Wichita Street.
`Phence: i�long the west right-of-iaay line of
1�lichita Street� south 00°13' east� 20U feet to
a 4"x4"x3' conerete monument.
ihPnce: Soizth 89°4'J' t,�est, 100 feet to a point.
Thenre; North 00°13' west� 200 feet to the point
of beginning� cuntaining .459 acre� more or less.
�RIGIiT (iP TI�IGRP„' t1vD PGR�;�S
r� trar,t of land lying adjacent to the ea�t
boundary line of the U. 5. YuUlic Health �ervzce
Ho::pital. property situated in the southe�st'.
portian of the Clty of N'ort Ylorth, 'Parrant County�
iexa;, suid tract Ueing a portion of a ri;ht-of-way
o���ned by the Texas 3'slectric Service Company over
whi'eh the Fort Worth Chaiuber of Commerce conveyed
to the United States of America the right of
ingress and egress by Ueed dated March lb� 1933�
said-tract being more particularly described as
follows:
A strip of land 50 feet in width� the westerl.y
].imits of which bc:gins at a three quarter incll
!�!4") iron pin in the r�:�sternmost northeast
corner of the U. :i> Publ.ic }Iealth Service
IiospiCal. property� said coriier also being a
re-c-nf.rant cornnr of the Texas Llectrir, Uervic�e
Company propc,rty rind runnitig south 00°13' e�st�
?379.4y f�et atong the common line between t.he
t1, S. Yuhlic �icalth uervlce Iiospital property
anrl i;he T�xas lilectric Service Company righi-of-
wciy t:o a one ancl one quarter inch (1a;") iran
pin f'or the southeast coi•ner of the U. S. 1'iiblic
Healtl� uervice FlospiCal property, for the end
of tha westerly limits of the herein described
strip of land being fifty foet in width�
containing 2.�3 acres� more or less.
4
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Air Monito�ing Site Agreement between the City of Fort Worth
And Texas Commission on Environmental Quality 17 of 49
�
rr�k�t�i�vrra r,;tvi s
Bulldin� No,
6 "
� '
Ue.crintion
Incinerator - masonry
anci s tc�el.
18 . Conerete� mr3sonry �'<
steel� built-up roof.
19 Greenhottse - concrete
toundation� metal tc Elass.
20 Concrete foundation & floor�
frame structure.
21 \
22
Same as Building 20.
Same as L�uildings 20 �: 21.
24 Frame �reenhou:;e with
polyethyleue coverin@ on
tup �nd part of side.^,.
Construci;ed by �tation lahor.
49 Frame buildin� constructed
for use as farrowine hou:e in
farm oE�erutions - no in6erior
sheathing - dirt Plaor.
50 Shelter house - concrete Sioc,r,
conerete block & screen wire
wall,.
51 Prefabricated refrigerator.
56 (�uonset hut - wood & metal.
57 Same.as Buiiain� 56.
5� uame as Buildings 56 and 5%.
59
62
63
Conerete floor� masonry walls� �
metal roof.
Same as Duilding 49.
aame as Buildings 49 & G2.
Tran�former station - conr.rete
hlocks; no transformer� included.
�Jire mesh fence, appro�:imately
5' high �aith mesh ran£3h,; f'rom
6" x 3" at the botLom to b° x 9"
cit the top� with 4 to 'J stc•ands
01' Ur�rbed wire nt thel top �
steel posts approximately 10'
apart (6�724.75').
�
Air Monitoiing Site Agreement between die City of Fort Worth
And Texas Commission on Environmental Quality l8 of 49
0
` � K:.
:iUb�CCt �O: ,
�\. Thc �covennnts and restrictions which run witL
the land, ths3t tlie land �hall not at any future time Ue
us�d for a conunercial or industrial davelopment which,
as determined t�y the Regional Administrator� General
Sarvices Administration, Forth Worth� Texas, or his
successor in fuction� in the nurmal course of its operation�
produces air pol..lution� contamiiiating materials� fwnf.s�
oclors� or ground waste r�sulting in an unhealthy or unpleasant
envirorunent within the boundaries of the NIMH Clinical Research
Center grounds, Porth Worth� Texas.
II< Re�erving to the Grantor and its assigns for the
period of six months from ihe date of this deed the right to
enter tha aUove-described property und remove ther�from the
t���o parallel chain link fences and appurtenances lyinp, 1�0 feet
apart and running along the rights-of-way of Tappan Doulevard
•and Campus Drive. Until the removal is completed� Che
United States o£ America or its assigns shall have the right
of ingress and egress to and from tho premises for the purpose
o£ removing such property. ,
C. All existing easements for public roads� channels�
highlaays� public utllities� railroads� pipelines and
electrical transmission line:;.
Pursuant to Authority contained in the Federal Property
and kdministrative Services tict of 19�+9, as amended� and
a�plicable rules� reeulations �nd orders promulgated thereunder.�
tl:e General Services Administratiori determined the property
to be Nurplus to the need� of the United States of America
nnd a�si�ned th� groperty to the Department ef the Interior
for Purther conveyance to the City of Forth korth� Texas.
It is Agreed and IInder�tood by and between the Grantor
and Gran+.ee� and tha Grantee by its aeceptance of this deEd,
0
Air Monitoiing Site Agreement beriveen the City of Foit Worth
And Texas Commission on Enviromnental Quality
19 of 49
t' ,
do�s aclmowledge its understnnding of the agreement, uud
doe:; covenant and agr�e for itself� and its successors '
and assigns� forever� aa follows:
1. '1'his property sha11 be used and maihtained for tho
public purposes for which it was conveyed in perpetuity as
set i'orth in the program of utilization and plan contained
iii the s�pplie�tion� �ubmitted by the Grantee on December 16�
ly'J0, which program and plan may be amended from time to time
at ttie request of either the Grantor or 6rantee� with the
writton concurrence of the other party� and such ameridments
shall be added to and become a part of the original
application. ,/�
2. 'lhe Grantee shall� within 6 months of the dute of the
deed of conveyance� erect and maintain a permanent sign or
marker near the point of principal access to the conveyed area
indicating that the property is a park or reereation area and
has been acquired From the Federal Government for use by the
general puhlic.
3. The property shall not be sold� leased� assigned� or
otl�erwise disposed of except to another eligible governmental �
aP,ency Chati t;he Secretary of the Interior aerees in writing
c�.n assure the continued use and maintenanc� of 1;he property
for �ublic park or public recreational purposes sutject to
tl�e same terms and conditions in the original in�trument o£
conveyance. iIowever, nothing in thi� provision snall preclude
the Grantee from providing related recreational faci].ities
and �ervices compatiUle with the approved applieation,
throu�h concoscion agreements entered into rtith third parties�
provided prior concurrence to such agreements is obtained in
writing frou� the Secrotary of the Interior.
�t, P'rom the dai;e of this conveyance� the Grantee� its
successors und assigns� shall submit biennial reports L-o the
7
Air Monitoring Site Agreement between the City of Fort Worth
And Texas Commission on Enviromnental Quality 20 of 49
� °� ;�
Secretary of the Interior, setting forth the use made
of the pr�perty during th� precedin�; two-yFar pei•iod�
and other pertlnant data establishing its r.ontinuous use •
for tbe purposes set forth above� for ten consecutive
reports and as furtber detormined by the 5ecretary of
the Interior.
5. 'Phe Grantor shall have the right during the
existence of any national entergency declared by the Yresident
of tl�e United States of �lmerica� or the ConEress thereof�
to the full ttnrestricted possession� contro2 and u�e
of the premises� or any part thereof without charge; provided
the Grantor shr�ll bear the entire cost of maintenance of
all property so used.
G. ys part of the conaideration for. this Deed, the
Grantee convenants and agrees for itself, its successors
�and assi.gns, that (1) the program for or in connectiun
witl� which this Leed i� made will be conducted in compliance
with, and the Grantee� its successors and assigns� will comply
with all requirements imposed by or pursuant to the regulations
of the Department of the Interior a�s in effect on t}�e date of
this Ueed (43 C.I�'.R. Part 17) issued unde^ the proviaions
of 'Pitle VI of the Civil Rights •Act of 1964; (2) this
covenant ahall he subject in all respects to the provisions
of said regulationsg (3) the Grantee, its suceessors and
ussigns, will promptly take and continue to taYe such action
as may U� necessary Co effactuate this covenant; (4) the
United States sha11 have the right to seek judicial
ezforcement of Lhis coven�nt� and (5) the Grantee, its
:;uceessors and assigns, will (a) obtain from each othar
person (any legal entity) who� through contractual or
other arrangements with the Crantee� its suecessors or
ass.igns� is authorized to provide services or benefits
under said pro�ram� a writtsn agreement pursuant to which
sucii other person shall� with respeet to the services or
Uenefits which ha is authorized to provide, undortAko for
B
Air Monitoiing Site Agreement behveen the City of Fort Wortli
And Texas Commission on E�rvironmental Quality
21 of 49
. . �� _ �
himself tl�e s<ime obligations ct� Lt�ose imposed upon tLe
4i•antee, its succe:;sors and assigns� Uy this covenant,
and (b) furni.sh � copy of such agreement to the Secretary
of tne Interlor� or his successor; and that this covununt
shall run with the land hereUy con.voyed� and shull iii any
event� without regurd to technical classification or
desi�n�Lioii, leeal or otherwise� be Uinding to the fullest
extent �,ermitted by law and equity for the benefit of, and
in fuvor of tho Gr�ntor and enforceaUle by the Grantor against
the GranteaT its successors and assigns>
7. In the event thero is a breach of any of tl�e
conditions and covenants herein contained by the Grutitee,
its successors and assigns� wbether caused by the le�;al or
ocher inability of the Grantee, its successors atid assigns�
to perforw said conditions und covenants� or otherwise� all
right� tiClo and intere�t in and to the said premises sha11
•revert to und become the property of the Grantor dt its
option� �ahich in addition to all other remedies for such
breach shall have the right of entsy upon said premises, and
the Grantee, its suecossors and assigns, shall forfeit all
ri�;ht, title and interest in said premises and in any and
a11 of the tenements� hereditaments and appurtenances thereunto
belon�;ing� provided� hawevery that the failure of the Secretary
of the Aepartment of the Inter3or to require in any one or more
instances complete performance of any of the conditions
or c:ovenants shall not be construed as a waiver or
relinquishment of such future performance� but the obligation
of the Grantee� its successors and assigns� with respect
to such future performance shall continue in full force find
effect.
II. The Grantor reserves all oil� gas and mineral rights
in the above-described property.
E
Air Monitodng Site Agreement between the City of Foit Woith
And Texas Commission on Enviromnental Quality 22 of 49
�;
�
IPl WITNLSS 1'JIirHliDP� the Grantor k�as caused these
presents to h� executed in its name and on its behalf
this the ��� day of %�r__r-� �'� � 19 _�.
'PLS Ui i1MLRICi�
and through the
of the Interior
� %�� .t�a� `� 2.. -
Sureau of Outdoor Hec eat on
ACKNUWL�DGI•IElYT
--�::�ur.�x,�-f .� Cdl�,,.�.G•�.)
� � 5�
COUNTY UF )
On this � 3i�1 day of l�t��.c-� , lg 7L, before
we, Y,l�e subscriber, personally appeared .�t��e.T���.
Q-- �
�
to me known and lcnown to mo to be the llirector, Bureau of
Outdoor Recreation} of the United States Uepartment of the
Interior� a�overrunental agency of the United States of
America� and known ta me to be the same person described in
and who executed the foregoing instrument as such Director
aforesaid� as the act and deed of the llnited 5tates of ;+ruerica,
for and on behalf of the Secretary of the Interior� duly
desi�nated� einpowered and authorized so to do by s�id uecretary,
and he acknowledged that he executed the foregoing='.instrwnent
for �nd on behalf of the United States of i�meric4� for the
purpa�es and uses therein described.
�.� � _r�.��.G
Notary YuUlic
bfy Cummis=ion expires:
hy Car�mt.alon F.spites Doa 1�f, 1978�
The iore�oing convoyance ie l�ereby accepted and
the undersignecl agrees� by this acceptance� to assume and
F�i7
Air Monitoring Site Agreement behveen the City of Fort Worth
And Texas Commission on Environmental Quality 23 of 49
• ,b + ... .Fl . .
be bound by oll the obligations, condltions� coven�nts
and agreemonts therein contained.
�2 ��- � .���L- �.���,�.��
tlppl ca t
,�o.�� � ��o� �, �.S,��z�l-.�
Loc�tion_ _._--�
�
�
(Dy ��iC�� � --�___.
\_N� � /fi�ay�t�_ Y
2'itle (�
ACKNUWL�DGb1ENT
:;TA'l E OP
� } ss
CJUIdPY OF�%��_�y.�l�)
�
On this �'�� day of ���Ll. �_� 19 ZL�
��bef'ore e� the ur� ersigned Officer, personally apreared
`/�/ , S�J-r'c':LICI..�!� � to me known and
`��
Icno���n to ne to be the same person whose name is suUscrihed
to the foregoing acceptance� who being by me duly sworn� did
dcFuse and say that he is the �� E]�11� of the
_ ��� -'1�. �-�`C�• .� �. � i � �hat he is duly
�
de�ignateS, empowered and authorized Uy a resolutiun adopted
by the �[._ If�C���ttn� O_�_� on �1? '�', � i�...J_f<?. to -
—"—T—
e.xecute th� foz•egoing acceptance and sign his name thereto�
sril tl�at he signed his name thereto and aeknowledges Chat
hz executed the foregoing instrwnent for and on behalf of
the ��• � r�{�/���f-;��,�j��� ��? for the purposes and
uses therein described.
..�., J ��Z ----�
Notar �ublic
Idy Coaunis�ion expires:
� �' �'" .�,�-
ii
Air Monitoring Site Agceement between the City of Fort Wotth
And Texas Commission on Enviromnental Quality
24 of 49
Exhibit B
Licensed Premises
Air Monitoring Site Agreement between the City of Fort Worth
And Texas Commission on Environmental Quality 25 of 49
Exhibit C
CONTRACTOR'S TEMPORARY RIGHT OF ENTRY AGREEMENT
THIS TEMPOItARY RIGAT OF ENTRY AGREEMENT ("Agreement"), dated
, 2013 (the "Effective Date"), is made by and between the City of Fort Worth
(hereinafter "City"), a home-rule municipal corparation organized under the laws of the State of Texas,
acting by and through its duly authorized Assistant City Manager, and
(hereinafter "Contractor") in accordance with, and as provided for in that one certain Air Monitoring Site
License Agreement effective , 2013 between the City and the Texas Commission on
Environmental Quality ("TCEQ"), a State of Texas agency, a true and complete copy of which has been
provided to Contractor by the City and which is incorporated herein by reference as if set out at length
(the "License") with respect to an Air Quality Monitoring Station to be installed, operated, and
inaintained on a Rolling Hills Park located at 2525 Joe B. Rushing Road, Fort Worth, Texas 76119.
Capitalized terms used, but not defined herein, shall have the meanings given such terms in the License.
Contractor acknowledges that it has carefully read the License and is familiar with all of the terms and
conditions contained therein applicable to Contractor and its work with respect to this project.
Subject to the provisions hereof and the License, the City hereby grants to Contractor a temporary
right of entry onto the Licensed Premises from , 2013 through
, 2013, solely for the purpose of constructing, installing, maintaining, or
operating the System.
1. For purposes of this Agreement, all references to Contractor shall include its contractors,
subcontractors, officers, agents and employees, and others acting under its or their authority.
2. Contractor shall cotnply with all of the applicable terms, conditions and requirements set forth in
the License, and to discharge each of TCEQ's obligations under the License with respect, and to the
extent applicable, to such work.
3. Contractor hereby agrees, in the conduct of its operations hereunder, to abide by and comply with
all Laws, and to file all reports or statements required in connection with the conduct of its business.
CONTRACTOR SIIALL AND DOES HEREBY INDEMNIFY, DEFEND, AND HOLD
HARMLESS THE CITY FROM AND AGAINST ANY AND ALL LOSS, COST OR EXPENSE
WHATSOEVER, INCURRED BY REASON OF ANY VIOLATION OF SUCH RULES AND
REGULATIONS BY CONTRACTOR.
4. (A) CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY
INDEMNIFY, HOLD IIARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND
AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF
ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO,
ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES,
LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED
TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS'
COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR
PERSONAL INJURY (INCLUDING, BUT NOT LIlVIITED TO, DEATII) TO ANY AND ALL
PERSONS, OR OTHER HARM FOR WIIICH RECOVERY OF DAMAGES IS SOUGHT, OF
WHATSOEVER HIND OR CFIARACTER, WHETHER REAL OR ASSERTED, ARISING OUT
OF OR RESULTING FROM THE ACT5, ERRORS, OR OMMISSIONS OF CONTRACTOR
AND/OR CONTRACTOR'S SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS,
Air Monitoring Site Agreement behveen the City of Fort Woith
And Texas Commission on Environmental Quality 26 of 49
AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRE5ENTATIVES IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE,
OR NONPERFORMANCE OF THIS AGREEMENT.
(B) Contractor agrees to be responsible for and promptly reimburse the City for any and all
proven damages, losses or liabilities.
(C) CONTRACTOR HEREBY ACKNOWLEDGES AND AGREES THAT IT HAS READ
THIS AGREEMENT IN ITS ENTIlZETY, THAT IT IS FULLY INFORMED AND HAS FULL
NOTICE AND KNOWLEDGE OF ALL TERMS, CONDITIONS AND EFFECTS OF THIS
AGREEMENT, THAT IT HAS HAD AN OPPORTUNI'I'Y TO CONSULT OR HAS BEEN
REPRESENTED BY LEGAL COUNSEL OF ITS CHOICE PRECEDING THE EXECUTION OF THIS
AGREEMENT, AND THAT IT RECOGNIZES THAT CERTAIN OF THE TERMS OF THIS
AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE TERMS OF PARAGRAPH 4.B,
RESULT IN CONTRACTOR GROUP ASSUMING CERTAlN LIABILITIES TO THE FULLEST
EXTENT PERMITTED BY LAW WITH RESPECT TO CERTAIN WORK OR SERVICES AND
RELIEVING CITY OF ITS RESPONSIBILITY FOR SUCH LIABILITY. CONTRACTOR AGREES
THAT IT WILL NOT CONTEST THE VALIDITY OR ENFORCEABILITY OF ANY INDEMNITY
OR EXCULPATORY PROVISION OF THIS AGREEMENT INCLUDING, WITHOUT LIMITATION,
ON THE BASIS THAT CONTRACTOR HAD NO NOTICE OR KNOWLEDGE OF SUCH
PROVISION OR THAT THE PROVISION WAS NOT "CONSPICUOUS". IN THE EVENT THAT
ALL OR ANY PORTION OF THIS PARAGRAPH 4 SI3�1I,L BE DEEMED TO BE
UNENFORCEABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION AS A RESULT
OF A DECISION OF ANY APPLICABLE COURT, LEGISLATIVE ENACTMENT OR
REGULATORY ORDER, THE PARTIES AGREE THAT THIS PARAGRAPH 4 SHALL BE
REFORMED TO MAKE IT ENFORCEABLE AND TO REFLECT THE INTENT OF THE PARTIES,
WHICH IS THAT CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CITY TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
5. PERSONAL PROPERTY WAIVER — ALL PERSONAL PROPERTY, INCLUDING, BUT
NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE LICENSED
PREMISES OR THE PARK WII,L BE AT THE RISK OF CONTRACTOR ONLY, AND CITY SHALL
NOT BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF.
6. Insurance - Contractor shall, at its sole cost and expense, abide by the insurance requirements set
forth in the License.
7. Contractor, at its own expense, shall adequately police and supervise all work to be performed.
8. Safety of personnel, property, and the public is of paramount importance in the prosecution of the
work performed by Contractor and any subcontractor. Contractor shall be responsible for initiating,
maintaining and supervising all safety, operations and programs in connection with the work. Contractor
and any subcontractor shall at a minimum comply with any City safety standards. Without limitation of
this provision Contractor and any subcontractor will keep the job site free from safety and health hazards
and require its contractors to ensure that its employees are competent and adequately trained in all safety
and health aspects of the job.
9. Contractor shall require its employees and any subcontractor to have proper first aid supplies
available on the job site so that prompt first aid services may be provided to any person injured on the job
site. Contractor shall have a non-delegable duty to control its employees while they are on the job site or
any other property of City, and to be certain they do not use, are under the influence of, or have in their
Air Monitoiing Site Agreement between the City of Fort Woith
And Texas Commission on Enviromnental Quality 27 of 49
possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any
work.
10. If and when requested by City, Contractor shall deliver to City a copy of its safety plan for
conducting the work (the "Safety Plan"). City shall have the right, but not the obligation, to require
Contractor to correct any deiiciencies in the Safety Plan. The terms of this Agreement shall control if
there are any inconsistencies between this Agreement and the Safety Plan.
11. Contractor shall conduct its operations and activities hereunder, and construct and install the
System in compliance with all applicable laws, ordinances, rules, and regulations of any governmental
authority having jurisdiction over same, including, without limitation, all applicable design, operations,
safety, and environmental laws, ardinances, rules, and regulations of any federal, state, or local authority
applicable to such facilities and this Agreement (together, the "Laws").
12. By execution of this Agreement the City does not waive or surrender any of it governmental
powers or sovereign immunity.
13. Neither termination nor expiration will release Contractor from any liability or obligation under
this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events
happening prior to the date of ternunation ar expiration.
14. 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.
15. To the maximum extent possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be
prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the
extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or
any other provision of this Agreement.
16. In the event that Contractor consists of two or more parties, all the covenants and agreements of
Contractor herein contained shall be the joint and several covenants and agreements of such parties.
17. The waiver by City of the breach of any provision herein by Contractor shall in no way impair the
right of City to enforce that provision for any subsequent breach thereof.
18. Tlus Agreement (including the attached exhibits) contains the entire Agreement between parties,
and no oral statements or prior written matter not speciiically incorporated herein are of any force and
effect. No modiiications are binding on either party unless set forth in a document executed by that party.
[SIGNATUItES APPEAR ON THE FOLLOWING PAGE]
Air Monitoring Site Agreetnent between the City of Fort Worth
And Texas Commissioit on Enviromnental Quality 28 of 49
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the
first day and year first above written.
CITY OF FORT WORTH
by:
Susan Alanis
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
Assistant City Attorney
ATTESTED BY:
Mary J. Kayser
City Secretary
Contract Authorization:
No M&C required
CONTRACTOR
by:_
Name:
Title:
Air Monitoring Site Agreement between the City of Fort Worth
And Texas Commission on Enviromnental Quality 29 of 49
Exhibit D
Policies and Procedures
1. The Licensed Premises shall be video-recorded prior to construction. A copy of the
video shall be provided to the Director prior to start of any construction.
2. Any damage outside of the Licensed Premises shall be repaired immediately. Such
repairs may include, but are not limited to, repair of pavement, rutting, and fence/gate
repair.
3. Any grass damage shall be repaired using Common Bermuda Grass or any substitution
approved by the Director in advance. Newly seeded areas shall be watered to ensure
growth and shall continue until approved by the Director.
4. The Director shall be notified 72 hours prior to completion of any repair or restoration
work for a final inspection by the Director. The Director will have final determination if
restoration ineets the standards of the City.
5. If, during routine access to the Licensed Premises, grassy areas are rutted or damaged, the
damage shall be immediately repaired and restored to a condition that existed similar to
or better than the original condition.
6. All posted notices on the Park shall be adhered to at all times.
7. Prior to entering the Licensed Premises or the Park in performance of this Agreement,
TCEQ shall coordinate with the Director concerning any and all security issues related to
TCEQ's use under this Agreement. Specifically, TCEQ shall be responsible for ensuring
that the entrance gate to their compound is locked and secure at all times.
Air Monitoiing Site Agreement behveen the City of Fort Worth
And Texas Commission on Enviromnental Quality 30 of 49
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Air Monitoiing Site Agreetnent beriveen the City of Fo�t Worth
And Texas Commissiou on Enviromnental Quality 31 of 49
Damu�e to Trees; Remediakiou Costs
[i� tl�e e�;ent of ai�y �larriaae t� trees iii cr�Tu�ection with Com��an��'s oper��tions, C'omp<u�y �L�all.
ec�mply �vith the fallowing:
l. In Gener�il
Thz City F��i�ester shall have the right� to inspect any �rees (ocated on [he Park t'c�r dama�; e by
Cc�mpany ��nd, if a�plic<ibte, ��vill classi�fy d�una�e to trees as sligl�t, mo�lerate, c�r severe as
described belc�w.
1.1 Stand�iccts for Nleatiui-in�
�BI•anches sh��ll be ineasured �it the poiut caf �ttach�nent or at tl�e lntert�l to which t}�e branch u•ould
be pruned back under t�NSI �t:�nclards. Tree caliper shall be ��leasureci according to ucceptecl
intlustiy sTai�cltrrds. Trees �rerlter than 6" in calip�r sh�lil be measui•ed usin� ciiauleter at bre��st.
hei�l�t (llBH).
2.1. Sli�ht Dama�e:
5light d4lma�e sh<<ll l�e �E.fined as clsilnage that, in the c�pinioii of the City For�ster, car� be
reasoi�abl}= anticipr�tecl to he�il. Extunp(es inclucle, but �7ra not (imited t-c�, (ij �carring c�f the trunk
into t(ie cambial l��yea• af up tc� 2" in �vidth but l�ss than U3 Ci�unk cu•cuil�fei•ence; ancl (ii)
hre��kin� �,' �ihs tha[ are less t}��n 2" in �liameter and less tl�an ll3 of tlie trunk c-�iliper.
i.. v��:. � al he �ssessed at a rate �f �51O(i3Ot) fc�r each ii�stauc� of sli�tlC damage.
'."?. �I�cle� �r;, �tamaz�e;
�-��t��� shail be ciefined ��s tlamage that, in the opinion of the City Forester, can
��� �����` ��d t�.� conh�ibute to paor Ile�ilth and slight ro moaert�te reduc�tion it�
(c�u�,� „s �� ���r11E�(�s incitrde, l�ut are ►Zot limited to, (i) �c�arring af the trunk ii�tc� the
_•<unl�ia( layer �;rea�c� ' in width bnt Iess tb�in t/3 tr�mk circ�u7iference ; ui�d {ii) bre�rkin� c�f
i, �� ,,�e tt�an 2" in ciia� �eter but less Cl�an t/3 of tlle trl�nk cali��e.r. �
R�ine�Gat���� ��osts s(�al( be as.e�sed for each instance of moderate dumage af the foll<?tivin� rates:
(i) for any tree th�1t is mora than 20 inci�es in c�iliper, the �retiter of:
(A} on� (Yalf c�f the esrimatecl value of the tree �r
(B) �30t),0O per caliper incl�;
(ii) i�7i• Gu�y tree that is less than 2O inches in c�iliE�e►-, $30(1.p0 per caliper inch.
2.3. �evere�D�una�e:
Severe clatn�ige sl�all be �lefin�d as clsuua�e thrit�, in the «pini�n t�f the City F��reSter, ean
Air Monitoring Site Agreement between the City of Fort Worth
And Texas Commission on Environmental Quality 32 of 49
reasonat�ly� be antici�<�t�ed to eonTribute to �a Severe rectacti�n in Ic�n�et-ity af the tree ot� c�therwise�
c�l�aracterized as a eatastrc�phic injiny to the h•ee. Exatnptes include, t�ut �ue not titnite� to, (.i)
se�ari-ing �f the trlink ko the cambial layer �reater thfin 113 the trunk circumtereuee; (iij uprootin�
<� tree or causing � tree t�� Iean; (iii) damage t�.� a sc:�ff'c�(ciin� branch c�r to�;�i br��nch greater t(�an
1/�3 of tr��nk caliper; �ind {iv) remo���il of a tree.
Remediativn c��sts sh��ll t�e z�ssessecl ft�r each it�stance c�f severe daillage at tlie follc�t��ing rates:
(i) fur any tree th.it is t��enty-fi��e {25) incl�e�s «r less in caliper, the appr�ised v�ilue caf the
tree;
(ii) for any tree grenter than tw�nty-tive (25) inches n� caliper, n��ic� the appraised valu�
ot' the tree.
3. I. I'aymeut �f Remediation C��sts
C��m�7any shall �iinke payment for any such ciamaaes and must plant re��lacemel�t trees t'c�r
se�erely dari��i�ed trees �rt a locatio�l to bz det�rlT�ii��ed btr tl�e P�rks nnci Commu�iiry S�rvices
Department. Replacement sllall be made on c�zliper-iucl�-per-c�liper-inch l�asis with a minimun�
size re�lac� m�nt tree of 2" in caliper. C'.c�il�p�ny sh711 be responsible for the planting ��aierin�,
nlulching and maintenanc-e of rep(acerne�rt tr�es for a period of nc�t less than 2 years. Any tree
that �oes �iot suiwit�e the ? year �stablisli�tlent I�eriod sl��[1 be compeiasate<i for t7y d1e� Compaity
ta tl�e Pru•ks and Commuuity Sei•vices Departmeut at a rate �f �200 per crllip�r iucl�.
3.2. Apulic-abilitv of City's Tree C3rdinance
Remedi<�ti�n cc�s[s �tssessed her�i►ncl�r c��nstiCute c�r�fiactual damage�s intentteti to con�pensate the
Parks .inci Community Services as proi�erty otivner ��nd ha�fe nc� bearing on ���hether c�r to what
extent <1ny tii�es mei_y be ciue unrler tl�e Urban F«restry (7rdina»c� �f the F��rt Waf•tt� Zoning
Ordinance.
Air Monitoring Site Agreement between the City of Fort Worth
And Texas Commission on Enviromnental Quality 33 of 49
SECTION 02300 - EARTHWORK
PART 1 -GENERAL
1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment, and
services required to construct, shape, and finish earthwork to the required lines, grades,
and cross sections as specified herein and on the plans.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. Section 02200 - Site Preparation.
B. Grading Plan: Refer to plan sheets.
1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work.
The total cost will be included in the Bid Proposal. Payment will be made on a Lump
Sum basis only.
PART 2 - PRODUCTS
2.01 LTNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all
excavation, unless separately designated, within the limits of the work. Unclassified
excavation includes all material encountered regardless of its nature or the manner in
which it is to be excavated.
2.02 LTNCLASSIFIED FILL
A. Unclassified fill shall consist of all fill within the limits of the work. All suitable
native materials removed in unclassified excavation, or similar imported
materials, shall be used insofar as practicable as unclassified fill. Properly
deposited conditioned and compacted fill is hereinafter referred to as "earth
, ,
embankment."
B. Rock: Minor quantities of rock not greater than four inches in greatest dimension
are permissible in fill materials used to construct earth embankment. Minor
quantities of rock of greater dimensions may be placed in the deeper fills in
accordance with the State Department of Highways and Public Transportation
requirements for construction of rock embankments, provided such placement of
rock is not immediately adjacent to structures or piers. Also, rock may be placed
in the portions of embankments outside the limits of the completed graded width
where the size of the rock prohibits their incorporation in the normal embankment
layers.
2.03 TOPSOIL
On-Site Topsoil: Topsoil shall consist of an average depth of six inches (6") of native
surface soil left in place after the ground cover of herbaceous vegetation and other
Air Monitoiing Site Agreement between the City of Fort Worth
And Texas Commission on Environmental Quality 34 of �}9
objectionable matter has been cleared by "blading," as specified in Section 02200, "Site
Preparation." Topsoil may be greater or less, than the upper six inches (6") in depth.
2.04
IMPORTED FILL
A. Imported fill materials shall be used for the construction of earth embankment in
the event that (1) the volume of unclassified excavation is less than the volume of
fill required for earth embankment and/or (2) the condition of materials removed
in unclassified excavation malces them unsuitable for use in the construction of
earth embankment.
2.05
2.06
B. The Contractor shall haul and place imported fill obtained from off-site sources as
necessary to construct the embankment and various other details of the
construction plans. All costs related to such imported fill will be included in the
contract price, and no additional or separate payment for imported fill will be due
the Contractor.
C. A sample of the proposed imported fill inust be provided by the Contractor and be
approved by the Owner. In general, imported material must be equal to or better
than native material in quality and engineering characteristics. The Architect/
Engineer may also require the Contractor to provided a material analysis test of
the proposed fill.
SELECT MATERIALS
A. Select materials shall be imported from offsite sources, unless they are available
from specifically designated areas on the site as marked on the plans.
UNSUITABLE MATERIALS
A. Topsoil, select material, imported fill, or ur
"'unsuitable" by the Owner if, in his opinion,
matter and particles are present to a degree
proposed use of the material.
1. Moisture
2. Decayed or undecayed vegetation
3. Hardpan clay, heavy clay, or clay balls
4. Rubbish
5. Construction rubble
6. S and or gravel
7. Rocks, cobbles, or boulders
8. Cementious matter
9. Foreign matter of any kind
classified fill will be declared as
any of the following conditions or
that is judged detrimental to the
B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200.
Air Monitoring Site Agreement between d�e City of Fort Worth
And Texas Commission on Enviromnental Quality 35 of 49
C. Wet Material: If fill material is unsatisfactory for use as embankment solely
because of high moisture content, the Architect{Engineer may grant the
Contractor permission to process the material to reduce the moisture content to a
usable optimum condition.
PART 3 - EXECUTION
3.01 SITE PREPA.RATION: In general, "site preparation," as specified in Section 02200,
shall be performed in advance of grading and earthwork operations and shall be
completed over the entire area of earthwork operations.
3.02 TOPSOIL
A. The removal and storage of topsoil shall occur after site preparation is complete
and before excavation and embankment construction begin. Likewise, topsoil
will be replaced after excavation and embankment construction are complete.
B. Removal: Topsoil shall be stripped to an average depth of six inches (6") from
areas where excavation and embankment construction are planned. Topsoil may
be obtained from greater depths if it is uncontaminated by the substratum and it is
of good quality, in the opinion of the Architect/Engineer.
C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that
will later receive the topsoil. Stockpiles shall be out of the way of earthwork
operations in locations approved by the Owner or Architect/Engineer. Stored
topsoil shall be kept separate from other excavated materials and shall be
protected fiom contamination by objectionable materials that would render it
unsuitable.
D. Timing: Topsoii will not be replaced (deposited) until construction activities are
complete that would create undesirable conditions in the topsoil, such as
overcompaction or contamination. Trenching for items such as electrical conduit
and irrigation pressure lines must be complete before topsoil replaceinent may
begin.
D. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed,
processed, compacted, and graded to leave a finished layer of topsoil not less than
five inches in depth. Unless otherwise indicated, topsoil will be replaced over all
areas of earthwork (including slopes), except where pavement is planned.
F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine
grading will be accomplished with a weighted spike harrow, weighted drag,
tractor box blade, light maintainer, or other acceptable machinery. All particles of
Air Monitoring Site Agreement between the City of Fort Woith
And Texas Commission on Enviromnental Quality 36 of 49
the finish grade shall be reduced to less than one inch in diameter or they shall be
removed. All rocks of one inch or greater shall also be removed. Grading
operations and equipment will be such that topsoil does not become
overcompacted. Bulldozer blades and front-end loader buckets are not acceptable
devices for topsoil grading operations. Final grading within five feet of
constructed or installed elements shall be hand raked.
G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade,
true in plane, even in gradient (slope), uniform in surface texture, and of normal
compaction. Areas of loose granular pockets or of overcompacted soils are not
acceptable and will be reworked. Finished areas will promote surface drainage
and will be ready for turfgrass planting.
3.03 UNCLASSIFIED EXCAVATION
A. All excavated areas shall be maintained in a condition to assure proper drainage at
all times, and ditches and sumps shall be constructed and maintained to avoid
damage to the areas under construction.
B. Surplus Material:
l. Surplus excavation is that quantity of material that may be left over after
the grading plan is executed, and all earthwork operations, including
excavation, embankment construction, topsoil replacement, and final
grading, are completed. Any other surplus material shall be disposed of as
"waste" as specified in Section 02200. All such cost for removal shall be
considered as incorporated into Earthwork costs
C. Excavation in Rock: The use of explosives will not be permitted. Unless
otherwise indicated on the plans, excavation in solid rock shall extend six inches
(6") below required subgrade elevation for the entire width of the area under
construction and shall be backfilled with suitable materials as indicated on the
plans.
3.04 EARTH EMBANKMENT
A. Earth embankment is defined as embankment composed of suitable materials
removed in unclassified excavation and/or imported fill. The construction of
embankment includes preparing the area on which fill is to be placed and the
depositing, conditioning, and compaction of fill material.
B. General: Except as otherwise required by the plans, all embankment shall be
constructed in layers approximately parallel to the finished grade of the graded
area, and each layer shall be so constructed as to provide a uniform slope as
shown on the grading plan. Embankments shall be constructed to correspond to
the general shape of the typical sections shown on the plans, and each section of
the embankment shall correspond to the detailed section or slopes established by
Air Monitoring Site Agreement behveen the City of Fort Worth
And Texas Commission on Enviromnental Quality 37 of 49
the drawings. After completion of the graded area, ernbankment shall be
continuously maintained to its finished section and grade until the project is
accepted.
C. Preparation: Prior to placing any embankment, all preparatory operations will
have been completed on the excavation sources and areas over which the
embankment is to be placed. The subgrade shall be proof rolled to detect soft
spots, which if exist, should be reworked. Proof rolling shall be performed using
a heavy pneumatc tired roller, loaded dump truck, or similar piece of equipment
weighing approximately twenty five (25) tons except as otherwise specified for
tree protection and areas inaccessible to vehicular compactors. Stump holes or
other small excavations in the limits of the embankments shall be backfilled with
suitable material and thoroughly tamped by approved methods before
commencing embankment construction. The surface of the ground, including
plowed, loosened ground, or surfaces roughened by small washes or otherwise,
shall be restored to approximately its original slope by blading or other methods,
and, where indicated on the plans or required by the Owner, the ground surface,
thus prepared, shall be compacted by sprinkling and rolling.
D. Scarification: The surface of all areas and slopes over which fill is to be placed,
other than rock, shall be scarified to a depth of approximately six (6") inches to
provide a bond between the existing surface and the proposed embankment.
Scariiication shall be accomplished by plowing, discing, or other approved
means. Prior to fill placement, the loosened material shall be adjusted to the
proper moisture content and recompacted to the density specified herein for fill.
E. Benching: Scarification is normally adequate for sloping surfaces. However, in
certain cases where fill is to be placed against hillsides or existing embankment
with slopes greater than 4:1, the Owner may direct the Contractor to key the fill
material to the existing slopes by benching. A minimum of two feet (2') normal
to the slope shall be removed and recompacted to insure that the new work is
constructed on a firm foundation free of loose or disturbed material.
F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly
spread, not to exceed eight (8") inches in loose depth before conditioning and
compaction. Unless otherwise permitted, each layer of fill material shall cover
the length and width of the area to be filled and shall be conditioned and
compacted before the next higher layer of fill is placed. Adequate drainage shall
be maintained at all times.
G. Watering: At the time of compaction, the moisture content of fill material shall
be such that the specified compaction will be obtained, and the fill will be firm,
hard, and unyielding. Fill rnaterial which contains excessive moisture shall not be
compacted until it is dry enough to obtain the specified compaction.
Air Monitoring Site Agreement between the City of Fort Wotth
And Texas Commission on Environmental Quality 38 of 49
H. Compacting: Each layer of earth fill shall be compacted by approved tamping or
sheepsfoot rollers, pneumatic tire rollers, or other mechanical means acceptable to
the Owner. Hand-directed compaction equipment shall be used in a�eas
inaccessible to vehicular compactors.
I. Grading: Embankments shall be constructed in proper sequence and at
proper densities for their respective functions. All embankment serves in
one capacity or another as subgrade (e.g., under topsoil, under concrete
and asphalt pavement, under structures, etc.). Accordingly, the upper
layer of embankment shall be graded to within plus or minus 0.10 foot of
proper subgrade elevation prior to depositing topsoil, and prior to the
construction of pavements, slabs, etc.
3.05 DENSITY CONTROL
A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a
minimum of ninety percent (90%) of Standard Density ASTM D698 with plus
four percent (4%) or minus two percent (2%) percentage points of optimum
moisture content.
B. Earth Embankment Under Structures and Pavement: The top six (6") inches of
natural earth comprising the subgrade for structural slabs or for areas of pavement
shall be ninety five percent (95%) to ninety eight percent (98%) of Standard
Density ASTM D698 with the moisture content at minus two percent (2%) to plus
four percent (4%) of optimum moisture content.
3.06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in
all embankments that are to function as subgrade for structures, areas of pavement, or for
select embankment. After completion of the embankment, the Contractor shall prevent
excessive loss of moisture in the embankment by sprinkling as required. Loss of
moisture in excess of two percent (2%) below optimum in the top twelve inches (12") of
the fill will require that the top twelve inches (12") of the embankment be scarified,
wetted, and recompacted prior to placement of the structure, select fill or pavement. If
desired, the Contractor may place an asphalt membrane of emulsified or cutback asphalt
over the completed embankment and thus eliminate the sprinkling requirement.
3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any
displacement or damage to the subgrade. If any of the subgrade is rutted, damaged or
displaced it shall be restored prior to placing topsoil. Topsoii shall be replaced as
specified herein per Item 3.02.
END OF SECTION
Air Monitoring Site Agreement beriveen the City of Fort Worth
And Texas Commission on Euviromnental Quality 39 of 49
SECTION 02930 - SEEDING
': : � : •
1.01 DESCRIPTION
A. Work Included:
plans.
1.02
Seeding of grass seed or wildflower seed, as specified on the
B. Related Work Specified Elsewhere: Section 02300, Earthwork.
REFERENCE STANDARDS
A. Standardized Plant Names
1. For exotic plant materials: American Joint Committee of Horticultural
Nomenclature, Second Edition, 1942.
2. For native materials
a. Manual of the Vascular Plants of Texas by Correll and Johnston
b. Check List of Vascular Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller
1.03
B. Texas Highway Department: Standard Speciiications for Construction, Item 164,
"Seeding for Erosion Control" and Item 180, "Wildflower Seeding".
SUBMITTALS
Seed
1. Vendors' certification that seeds meet Texas State seed law including:
a. Testing and labeling for pure live seed (PLS)
b. Name and type of seed
�
2. If using native grass or wildflower seed, seed must have been harvested
within one hundred (100) miles of the construction site.
3. All seed shall be tested in a laboratory with certified results presented to the
City, in writing, prior to planting.
4. All seed to be of the previous season's crop and the date on the container
shall be within twelve months of the seeding date.
5. Each species of seed shall be supplied in a separate, labeled container for
acceptance by the City.
1.04
B. Fertilizer
1. Unopened bags labeled with the analysis
2. Conform to Texas fertilizer law
JOB CONDITIONS
Air Monito�ing Site Agreement between the City of Foit Worth
And Texas Commission on Enviironmental Quality 40 of �}9
�
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.
:
C.
Schedule After All Other Construction and planting is complete.
Protect and Maintain Seeded Areas
1. From erosion
2. From traffic and all other use
3. Until seeding is complete and accepted
1.05 QUALITY CONTROL
The contractor who plants the seeds, whether the general contractor or a subcontractor, is
responsible for daily supervision of his crew, and for the planting and maintaining of
seedlings until acceptable, viable growth is achieved and the project accepted by the City.
PART 2 — PRODUCTS
2.01 MATERIALS
A. Seed
All seed shall be planted at rates based on pure live seed (PLS = purity x
gerrr�ination) per acre.
Substitution of individual seed types due to lack of availability shall be made only
by the City at the time of planting. The Contractor shall notify the City, prior to
bidding, of difficulties locating certain species. Only those areas indicated on the
plans and areas disturbed by construction shall be seeded. Prior to seeding, each
area shall be marked in the field and approved by the City. Any adjustment of area
location by the City shall be considered incidental and shall not entitle the
Contractor to additional compensation.
Weed seed shall not exceed ten percent (10%) by weight of the total of pure live
seed (PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall
not be allowed.
The seed shall be clean, dry and harvested within one year of planting.
1. Non-native �rass seed shall consist of:
If planted between April 15 and September 10:
Lbs./Acre
Germination
Common Name Scientific Name Purity
Air Monitoring Site Agreemeut behveen the City of Fort Worth
And Texas Commission on Environmental Quality 41 of 49
25 Bermuda (unhulled) Cynoclon c�actylon 85% 90%
75 Bermuda (hulled) Cynodon dactylon 95% 90%
� � ..
2?0 Rve CJrass
40 I3ermuda (ut�lilii�ec�)
I�O1lZt7'12 Y/7Llltlfl07'GIJ??
( _7Jr�oc�on clacty�la�r
�?%
c��°io
�0%
i5%
2 Native �rass seed - The seed shall be planted between February 1 and
October 1 and shall consist o£
Lbs. PLS/Acre
1.6
5.5
3.7
17.0
1.8
0.5
6.0
8.0
1.2
• �__��� \..��-
Green Sprangletop
Sideoats Grama*
Little Bluestem*
Buffalograss
Indian Grass*
Sand Lovegrass*
Big Bluestem
Eastern Grama
Blue Grama
1.8 Switchgrass
10.0 Prairie Wildrye*
Botanical Name
Leptochloa dubicz
Boacteloaca cacrtipendulcz
Schizachyrizcro scoparizcm
Biichloe dactyloides
Sorghczstricm nutans
Eragrostis trichodes
Andr�opogon gerardii
Tripscacum clactyloicles
Boutelo�a�a gracilis
Panicum vir^gatum
Elymus canczdensis
*These grasses are not to be planted within ten feet of a road or parking lot
or within three (3) feet of a walkway.
3 Wildflower seed - All wildflower seeds are to be hand broadcast, (see
3.02,A). The seed shall be planted between March 5 and May 31 or
between September 1 and December 1 and shall consist of:
Lbs. PLS/Acre
3.0
5.0
2.0
3.0
13.4
13.6
2.0
8.0
Common Name
Bush Sunflower
Butterfly Weed
Clasping Coneflower*
Golden - Wave
Illinois Bundleflower
Partridge Pea
Prairie Verbena
Texas Yellow Star
8.0 Winecup
2.0 Black-eyed Susan
Botanical Name
Sinsia calva
�lsclepias tuberosa
Rudbecl�ia amplexicaulis
Coreopsis basalis
Desmcznthus illinoensis
Cczssia fczscici�lata
Verbena bipinnatifida
Lindheimeri texana
Callirhoe involcrata
f �_.�_ �
18.0
Cutleaf Daisy
� ..-
i.
Air Monitoring Site Agreement benveen the City of Foit Worth
And Texas Commission on Environmental Quality 42 of 49
f ` �i �#� f.,.
2.0
Obedient Plant
�' � -:=s
�; •���i
3.0
Pitcher Sage
,,
+�.� � . �� F� ,�
2.0
Plains Coreopsis
� r��;s .. � ;
:1
Scarlet Sage
. 1=
*These wildflowers are not to be planted
parking lot or within three feet of a walkway.
within ten feet of a road or
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.
I:
weight basis.
5. Additives shall include a binder in powder form.
Mulch
l. Mulch should be designed for use with conventional mechanical or
hydraulic planting of seed, either alone or with fertilizer.
2. Mulch should be wood cellulose fiber produced from virgin wood or
recycled paper-by-products (waste products from paper mills or recycled
newspaper).
3. Mulch should contain no growth or germination inhibiting factors.
4. Mulch should contain no more than ten percent (10%) moisture, air dry
6. Material shall form a strong moisture retaining mat.
C. Fertilizer
l. All fertilizer shall be delivered in bags or containers clearly labeled
showing the analysis.
2. All fertilizer shall be in acceptable condition for distribution and shall be
applied uniformly over the planted area.
3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate:
a. No fertilizer is required for wildflower seeding.
b. Where applying fertilizer on newly established seeding areas - 100
pounds of Nitrogen per acre.
Air Monitoring Site Agreement between tl�e City of Fort Woitli
A��d Texas Commission on Enviromnental Quality 43 of 49
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,
5624, Arlington, Texas 76001,
2.02 MIXING
900 Ave. H East, Post Office Box
1-800-777-SOIL.
Seed, mulch, fertilizer and water may be mixed provided that:
1. Mixture is uniformly suspended to form a homogenous slurry.
2. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed.
3. Mixture is applied within thirty (30) minutes after placed in the equipment.
PART 3 — EXECUTION
3.01 SEEDED PREPARATION
A. Clear Surface of All Materials, Such As:
1. Stumps, stones, and other objects larger than one inch.
2. Roots, brush, wire, stakes, etc.
3. Any objects that may interfere with seeding or maintenance.
:
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 b_y 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 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:
eight (48)
Soil should be watered to a minimum depth of four inches within forty
hours of seeding.
Air Monitoring Site Agreemeut between the City of Fort Worth
And Texas Commission on Enviromnental Quality 44 of 49
3.02
SEEDING
A. If Sowing Seed By Hand
1. Broadcast seed in two directions at right angles to each other.
2.
3.
Harrow or rake lightly to cover seed.
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 malce contact with the soil.
3.03
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 or where
directed. All varieties of seed, as well as fertilizer, may be distributed at the saine
time provided that each component is uniformly applied at the specified rate.
Seed shall be drilled at a depth of from one quarter inch to three eighth inch (1/4"-
3/8") utilizing a pasture or rangeland type drill. All drilling is to be on the
contour. After planting, the area shall be rolled with a roller integral to the seed
drill, or a corrugated roller of the "Cultipacker" type. All rolling of slope areas
shall be on the contour.
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,SOO lbs./acre. _
4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre.
5. "Flat" and "sloping" surfaces will be shown on the plans if not visually
obvious.
C. Apply within thirty (30) minutes after placement in equipment. Keep mulch
moist, by daily water application, if necessary:
1. For approximately twenty-one (21) days, or
2. Until seeds have germinated and have rooted
project has been accepted by the City.
3.04
in soil, (see 3.04.B.2.) and
ESTABLISHMENT, MAINTENANCE AND ACCEPTANCE
A. Includes initial seed and / or sod application and establishment, protection, replanting
as necessary , maintaining grades and immediate repair of erosion damage until the
project receives final acceptance. Refer to Part 2— 2.01 — D. for watering
requirements to be executed by the contractor.
Air Monitoiing Site Agreement behveen the City of Foit Wortli
And Texas Commission on Environmental Quality
45 of 49
B. Initial full coverage turf establishment shall be considered as 100% grow in to a
height of
three (3") inches with one mow cycle performed by the Contractor on all newly
established areas prior to consideration of acceptance by the Owner..
C. Replanting
1. Replant areas where a stand of grass or wildflowers are not present in a
reasonable length of time, as determined by the City.
2. A"stand" shall be defined as:
a. Bermuda/Rye grasses: See 3.04 B
b. Native grass and wildflowers: eighty percent (80%) coverage of
growing plants within seeded area within twenty-one days of
seeding date on a smooth bed fiee of foreign material and rocks or
clods larger than one inch diameter.
Air Monitoring Site Agreement beriveen Uie City of Fort Wortli
And Texas Commission on Environmental Quality 46 of 49
SECTION 02930 - TURF SODDING
PART 1- GENEI2AL
1.01. DESCRII'TION
A, Work Included: This wark includes all labor, materials and equipment for soil
preparation, fertilization, planting and other requirements regarding turfgrass sodding
shown on the plans.
B. Related Wark Specified Elsewhere: Section 02300, Earthwork.
lA2 REFERENCE STANDARDS
A. For exotic plant materials: American Joint Committee of HorticulturalNomenclature,
Second Edition, 1942.
B. For nativa materials
a. Manual of the Vascular Plants of Texas by Correli and Johnston
b. Check List of Vascular Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller
1.03 SUBMITTALS
Samples, certificates and specificataons of sod, fertilizer, compost, soil amendments or other
materials may be requested by the City.
All delivery receipts and copies of invoices for matezials used for this work shall be subject to
verification by tt�e Ciry.
1.04 PRODUCT DELNERY; STORAGF. AND HANDLING
A. . Sod: Harvesting and planting operations shall be coordinated with not more than forty
eight hours elapsing between the harvesting and planting.
B. Pertilizer
l. Unopened.bags labeledwith the-analysis.
2. Conform to Texas f'ertilizer Law.
1.U5 QUALII'Y CONTROL
1'he lleveloper/Contractar w}iQ piants the sod is responsible for supervision of I�is crew, while
ptanting the sod and maintaininp the sod until the project is accepted by the City.
IURP SGDDING
02930
-�-
Air Monitoiing Site Agreement between the City of Fort Wotth
And Texas Coimnission on Enviromnental Quality
i.
�.
47 of 49
PART2—PRODUCTS
2.01 SOD
A.
:
2.02
2.03
2.04
The sod shali be Buchloe dactyloides ("Prairie" Buffalograss) and shall consist of stolons,
leaf blades, rhizomes and roots with a healthy, virile system of dense, thickly matted roots
throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive,
healthy and vigorous and shall be free of insects, disease, stones and undesirable foreign ,'
materials and grasses. Sod shall have been produced on growing beds of clay or clay-loam;
topsoil. The sod shall not be harvested or planted when its moisture condition is so
excessively wet or dry that its survival will be affeeted. If sod is stacked, it shall be kept
moist and shall be stacked roots-to-roots and grass-to-grass.
The sod shall be cut in strips four feet wide to be laid parallel with the contours.
FERTTL.TZER
A.
B.
C.
All fertilizer shall be delivered in bags or containers clearly labeled showing the anaIysis.
All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area two weeks after sodding.
All fertilizer shall have an analysis of 3-1-2 or as designated on the plans.
rate shall be 45 pounds of tutrogen per acre,
The fertilizer
WATER
T'he water shall be fiunished by the Developer/Contractor and shali be clean and free of industrial
wastes or other substances harmful to the germination of the seed or to the growth of the
vegetation. The amount of water will vary according to the weather variables. Generally, the sod
should be soaked one time per day for three weeks or until established. Soaking is mandatory
a8er spreading the Fertilizer.
COMPOST
All compost material is to be totslly organic and decomposed for at lease nine months. All
compost is to be c(ean and free of fungus, disease, tive plants, seed, excessive cotton lint and any
harmful chemicals. "New Life Soil Conditioner" or "Perma Green Compost", as specified below
or an approved equal, shail be used, ft�w orbanics 1re not acceptable.
A. For soil �vith an alkaline pH condition; Clse "New Life Acid Gro" (acid pH) soit
conditioner as produceci by Sail Building Systems of Dallas, or an approved equal.
B.
t..
ror soil widi an acidic pt-I condition: Use "Penna Green Compost" by Texas Larth
Resources, Ina of Dallas, or ":�'ew LiFe Natural Gro�ver° (ph 8.� to 9,0) by Soil Buildin�
Systems, Inc., of Dallas.
Sampie and 5pecification Submittal: Submit a prochicer's speciiication and a quart
sample qt` the compost pr���posed for the City's �pprov�l.
TURE SQt)DNG
02930
-�-
Air Monitoi�ng Site Agreement betv✓een the City of Fort Worth
And Texas Commission on Environmental Quality 48 of 49
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PART 3 - EXECUTION
3A1 GENERAL
All turfing operations are to be e:cecuted across the slope, parallel to finished grade contours.
3.02 SOIL PREPARATION
A. Scarify subgrade to a depth of three inches before depositing the required topsoil.
B. Tillage shall be accompiished to loosen the topsoil, destroy existing vegetation and
prepare an acceptable sod bed. AlI areas shall be tilled with a heavy duty disc or a chisei-
type breaking plow, chisels set not more than ten inches apart. Initial tiliage shall be done
in a crossing pattern for double coverage, then followed by a disc harrow. Depth of
tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted
with sod,
C. Cleaning: Soil shall be further prepared by the removal of debris, building materials,
rubbish, weeds and stones larger than one inch in diameter.
D Fine Grading: After tiliage and cleaning, all areas to be planted shall be topdressed with
one-half inch compost and then shall be leveled, fine graded, and drug �vith a weighted
spike harrow or float drag. The required result shall be the elimination of ruts,
depressions, humps and objectionable soil clods. This shall be the final soal preparation
step to be completed before planting.
3.03 PLANTING
Prior to laying the sod, the planting bed shall be raked smooth to true grade and moistened to a
depth of four inches, but not to the extent causing puddling. The sod shall be ]aid smoothly,
tightly butted edge to edge, and with staggered joints. The sod shall be pressed fumly into the
sod bed by rolIing or by hand tamping with an approved tamper so as to eliminate all air pockets,
provide a true and even surface, and insure knitting without displacement of tl�e sod or
deformation of the surfaces of sodded areas. Following compaction, compost shall be used to fill
all cracks between sods. Escess compost shall be worked into the grass �vith suitable equipment
and shall be well �vatered. The quantity of compost shall be such that it will cause no smothering
or burning of the grass.
3.04 FERTIL1ZTi�1G
T�vent��-one days after pianfing, turfgrass areas sliall receive an application of 3-] -Z Fertilizer at
ihe rate of 45 pounds of nitrogen per acre. �Vater well aftcr application to prevent F�urning.
ENn o� sFc�rtou
T'URF SUDD(NG
02930
-3-
Air Monitoring Site Agreement between the City of Fort Worth
And Texas Commission on Environmental Quality 49 of 49
City of Fort Worfh, Texas
Mayor and Council Communication
: COUNCIL ACTION: Approved on 1/8/2013
DATE: Tuesday, January 08, 2013
LOG NAME: 20ROLLING HILLS TCEQ AIR MONITOR
REFERENCE NO.: **C-26039
SUBJECT:
Authorize Execution of an Air Monitoring Site License Agreement with Texas Commission on
Environmental Quality for Rolling Hills Park Located at 2525 Joe B. Rushing Road (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an Air Monitoring Site License Agreement
with Texas Commission on Environmental Quality for the Rolling Hills Park located at 2525 Joe B.
Rushing Road for an initial term of three years with a two-year renewal option.
DISCUSSION:
Under the Air Monitoring Site License Agreement (Agreement), the Texas Commission on Environmental
Quality (TCEQ) will install, maintain, and operate an air monitoring station on a portion of Rolling Hills Park
located at 2525 Joe B. Rushing Road, Fort Worth, Texas (Park). The Park contains the Rolling Hills Tree
Farm, which is home to the Forestry Division of the Parks and Community Services Department. TCEQ
will be granted access 24 hours a day, 7 days a week, 365 days a year basis for operation and
maintenance. TCEQ will be responsible for any and all utility costs incurred by the monitoring
station. TCEQ has agreed to restore the property to pre-existing or better condition upon termination or
expiration of the Agreement.
A local advisory group focused on the expansion of TCEQ's air monitoring network in the local area
recommended the Park for placement of a combination weather station and an Automated Gas
Chromatograph with Mass Spectrometry (Auto GC/MS). This equipment once operational will monitor the
ambient air 24 hours a day, 7 days a week, 365 days a year. Data will be available in near real time
through the TCEQ website. During installation, the TCEQ will work with the City to maintain the park's
aesthetics and cooperate where possible on improvements.
An Auto GC/MS monitors the ambient air for a suite of chemicals that include many Volatile Organic
Compounds (VOC) that are emitted from sources such as on-road and off-road vehicles, natural gas
operations, gasoline stations, etc. Data produced will be uploaded through the TCEQ website on a near
real time basis with hourly measurements. The hourly measurements will be used to compare against
short term air standards and the annual average of the data will be used to compare against long term air
standards. The weather station will provide real time information regarding wind speed, wind direction,
temperature, etc. This data will benefit the public by continually monitoring the ambient air for a suite of
chemicals as well as metrological conditions. Data will assist in tree farm maintenance and aid in water
conservation as well as provide a learning tool for tree farm visitors/volunteers and serve in educating the
public on how trees assist in improving air quality.
This monitor will be the first of its kind inside Loop 820 in south Fort Worth.
The property is located in COUNCIL DISTRICT 8.
Logname: 20ROLLING HILLS TCEQ AIR MONITOR Page 1 of 2
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material affect on the
City's budget.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. rollinghillsMnC.pdf (Public)
Logname: 20ROLLING HILLS TCEQ AIR MONITOR
FROM Fund/Account/Centers
Fernando Costa (6122)
Douglas Wiersig (7801)
Michael Gange (6569)
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