HomeMy WebLinkAboutContract 44506 CITY SECRETAM
CONTRACTNOP,
AIR MONITORING SITE LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND,TEXAS C01MMISSION ON EVIRONMENT'AL QUALITY
This Air Morritoring 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
Co -issic n on environmental Quality `TC EQ"' , a state agency, acting by and through its Director of
the :monitoring Division. "C,ity"' means and includes the City of port Worth and its officers, members,
representatives.1 directors, agents, and employees. "T EQ"means and includes the'f"exas Commission on
Environmental ua ity and its members, employees., agents, contraetors', 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 Cite a,certain piece of
real property known as dolling Hills Park, 1 ate at 2525 .doe B. Rushing Road, F W+ rt ,Texas 76119
(the "Park"), a description of which is attached hereto as Exhibit A and incorporated herein for all
purposes, which said deed is fled 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 borne to the City's Forestry Section, which operates a 71-aWcre tree farm
at the P"ark,-
WHERIEAS, TC Q's fission is to protect Texas's public health and natural resources through
clean air,clean water,and the safe management of waste;
AS �FCEQ has a program, in place to, monitor air,duality, 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,
ents
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
monitoring systems at the Licensed Premises under this Agreement,the above-referenced agencies,public
institutions of higher education, and political subdivisions act as "r,CEQ,s "agents" and shall be included
in any reference to the word"agents "
WIRERAS, to further its mission and promote the air quality programs., TCEQ desires to license a.
portion of the park for the construction, maintenance, and operation of an air monitoring system,, which.
includes a l0-meter weather tower,
rri WHEREAS,, the City has determined,that the air monitoring system will benefit the public, Park,
and the surrounding enviroiun nt by providing the City with access to real-time data, including general air
pollution and meteorological data,
WHEREAS, the data obtained from, the air rn nit ri m ,system will ,assist the City's Forestry
Division in tree farm maintenance and water conservation, F10IFFICIAL ide an essential Lear ing tool for the tree
RECORD
Air Monitoring,Site ,gr a nt between th "icy of Fort Worth CITY SECRETARY
And Texas Commission on l nvir milental Quality i of
FT. WORTH,TX
fan-n 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 Govenurient") to enter into
this Agreement for 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 Prerru*ses") 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 Exhibit 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 to ("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 'renn and must be approved by City. 1"he entire length of this Agreement shall not exceed
five(5) years.
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 surrounding 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 farrn volunteers and visitors,and serve as a teaching aid in the importance of air quality.
14,
Condition of the Property
4.01 On or prior to the begiruling of the Term, TCEQ shall conduct a thorough and diligent,
inspection of the Licensed Premises. TC,EQ'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
it Monitoring Site Agreement between the City of For Worth
And'rexas Commission on Envirow-nental Quality 2 of 49
........... .......___
Licensed Premises have been made by City to 'YCE_4Q, other than as expressly contained in this
Agreement.
5.
TCEQ's Obligations, Ri"ghts, and Use of the Property
5.01 The Licensed PreiTiises shall be used for the purpose of constructing, maintaining, and
operating a continuous air monitoring systein 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 control led-access entry into the Licensed Prernises 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 controlled 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 tinder this Agreement and tinder 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. 'I'I he 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 shall not install, erect, assemble, manufacture, fabricate., or construct any
permanent 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.,
5.015 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 Preiiiises caused bye I`CEQ or
by TCEQ's contractors, subcontractors, agents, or employees results in any contamination of the Park or
Licensed Premises, TC 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 pnoir to the introduction,of any
such Hazardous Material to the Park or Licensed Premi'ses, provided that pity"s approval of such action
shall first be obtained with respect to actions required by TCEQ, City's approval not to be tin-reasonably
withheld.
As used herein, "Hazardous Material"' means any element, compound, mixture, solution, particle
or substance which presents danger, or potential danger for damage or iqjury to health, welfare or to the
environment and shall include, but shall not be lin-Ated to (1) any pollutant,, toxic substance,, hazardous
waste, hazardous material, hazardous substance, or oil as defined in or pursuant to: (a) the Resource
Conservation and Recovery Act, as amended-, (b:) the Comprehensive Envirorunental Response,
Compensation and Liability Act of 1980:, as amended; (c) the Federal Clean Water Act, as amended,
any other chemical, material, or substance (a) which is regulated as a"toxic substance" as defined by the
Air Monitoring Site Agreement between the City of Fort Worth
And Texas Commission on Friviron went al Quality 3 of 49
Toxic, Substance Control Act, 15 U.S.C. See. 2601 et seq.,, as amended); orb 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 pis a "hazardous substance" (as defined by the Comprehensive Enviromnent
Response, Compensation and Liability Act of 198,0 ("CERCLA"), 42, U.S.C. Sec., 9�601 et seq., as
amended); (111) those substances which are inherently or potentially radioactive, explosive, ignitable,
corrosive, reactive, car�cinogenic 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 govenu-nental 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 snot limited to: (a) polychlorinated biphenyls("PCBs") or 'PCB items" as defined,
in 40 C. '.R. Sec. '761.3) or any equipment which contains ''CBs-- (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"rCEQ, 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 "rCEQ, 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 coi-nmunication services for the Licensed Premises.
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 TC,EQ.
5.09 "CEO" certifies that it has read and understands, the Dieed and agrees to, comply with all
applicable terms and conditions set forth therein.
5.10 TCEQ'Is employees, agents, and contractors have the same rights of occupation and
access granted to TGEQ 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. '"I'CEQ 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
fifteen(15) business days ofd receipt. TCEQ shall conduct all construction work in substantial conforrni'ty
with the Construction Plans. No substantial changes, to, the approved Construction Plans may be made
without the written approval of City. T CEQ 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 Monitoting,Site Agreement between the City of Foil Worth
And Texas Comniission,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. 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 inunediately 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 Exhibit C.
7.
Maintenance, Repair, Damage, and Destruction During the'f erm
7 i
.01 TCEQ shall, at its sole expense, keep the Licensed Premises, n 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 officers, agents, employees, separate contractors, and subcontractors.
7.03 If'the Licensed Premises, is not maintained or repaired in a reasonable manner or TCEQ
falls 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 "CE Q 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.
it Monitoring Site Agreement between the it of Fort Worth.
And Texas Commission on Environmental Quality 5 of 49
8.
Duties of TCE Q Upon Ter ration or Expl*ration 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, 'FCEQ shall remove any and all equipment placed on the Licensed
Premises within sixty(6�0)days after the effective date of to 'nation.
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�.o i 'TCEQ hereby releases the City and its predecessors in title from any and all losses,
injuries, claims, lawsuits, costs, andJor damages of whatsoever kind or character, whether real or asserted,
known or unk.-nown, arising out of or related to this Agreement, except when 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 lets ined 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 TCE Q that may be stolen, destroyed, or in any way damaged,
except if the loss, injury or damage is caused by the negligence or willful 1-M*sconduct. 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 termination of tWs Agreement.
10.
Default and Termination
10.01 Event of Default. TCE Q shall be in default of this Agreement if any of its duties and
obligations set forth in any portion of this Agreement are not perfon-ned("Event of Default,").
10.02 Notice to Cure., If City determines that an Event of Default has occurred, City shall
provide a written notice to TCEQ1 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 "CE has cornmenced 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 Monitodng Site Agreement between the City of Fort Worth
And Texas Commission on Environmental Quality 6 of 49
inimediately 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 Termination Without Cause. The City may tern-tinate tl-is 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,
C 1i t Y.- TCEQ:
Director Susan Simonet
Parks and Community Services Network Coordinator
City of Fort Worth TCEQ
4200 South Freeway, Ste. 2200 PO Box 13087
Fort Worth,Texas 76115 MC 165
With a copy to* Austin, TX 78711-3087
Department of Law
City of Fort Worth
Attn: City Attorney
1000 Throckmorton
For Worth,Texas 76102
1,2.
Insurance
As an agency of the State of Texas, TCEQ is not required to maintain insurance of any kind. A_ny
contractors 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. Commercial General Liability Insurance $1,000,000 each occurrence; $2,000,000 aggregate
2. Automobile Liability Insurance
Air Monitoring Site Agreement between the City of Fort Worth
And Texas Commission ori Environmental Quality 7 of 49
Coverage on vehicles involved in the work performed under this contract-, $1,0100,000 per
accident on a combined single limit basis or $500,000 bodily injury each person- $1,000,000
ccl
bodily injury each accident; and$250,000 property damage.
The named insured and employees of Contract or 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 this policy.
3. Worker's Compensation
Coverage A.- statutory limits
Coverage B: $100,,000 each accident
$500,000 disease-policy lion
$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, officers, 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 premium.
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 76,1012.
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.
61. 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 betw en 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 pre "urns 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 Assiannient. Except as expressly provided herein,T'CEQ 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 1,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-govenmiental 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, Governjng Law. 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.
13.014 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-P ' 1-1 . This Agreement shall * y to the benefit of the parties
49Y Beneficiary I inure onl p
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 Severabili . The provisions of this Agreement are severable, and if any word, ph-rase,
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 pirovision 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 ofthe 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.Motiitoring Site Agreernent between the City of Fort Woah
And Texas('.omrnission on Environmental Quality 19 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
Agecment between parties, and no oral statements or prior written matter not specifically incorporated
herein are of any force and effect. No modifications are b�inding on either p`arty unless set ft-)rth 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 CountLrparts- and Electronic Sigtlatures. '171-ds 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 1-1eadin girs. The section headings contained herein are solely for convenience in reference
and are not intended to define or limit the scope of any provision of this Agreement.
13.13 Independent Contractor. It is expressly understood and agreed,that,rCEQ 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, officers, agents,,.,
servants, ernployees,, contractors, subcontractors, licensees, and invitees. TC,EQ acknowledges that the
doctrine of resp�ondeat syperlor 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 Agreement due to acts of God-, strikes, lockouts, or other industrial disturbances*
acts of public enemies, wars; blockades)iockades; insurrections; riots; epiderriics; 'public health crises; earthquakes;
fires- floods, restraints or prohibitions by any court, board, department, commission or agency of the
United States or of an y state; declaration of a state of disaster or of emergency by the federal, state,
I
county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or
Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert
systern 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, parrs, 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 Monitoting Site Agreement between the City of Fort Woj1h
AM Texas Commission on Environmental Quality 10 of 49
13.15 Availability of Funds. This Agreement and all claims, suits or obligations an sing 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 "EREOF, the Parties have executed this Agreement below:
Texas Commission on Cloty of Fort Worth
Environmental Quality ..........
7
B y" By*
Richard C. Chas m S n Ala is
Director, Assistant City Manager
Monitoring Division
Date.- S W1 3 Date:
APPROVED AS TO FORM AND LEGALITY
�nt City Attorney
ATTEST:
ity Sec tal
FI
6P tor a4013
,.JA; 0
j'*A-*a 6
After recording return to.*
0 0-
Tyler F. WaI14�,/h,/, 0
City Attorney"�ffice
0*
City of Fort W6rth 0000000
4y
100 011Throckffia6*',,,,
For Worth,Texas 761012
OFFICIAL RECORD
C ORD
CITY SECRETARY
U
Air Monitoring Site Agreement between the City of Fort Worth T T);
And Texas Corn inission on Environmental Qu�al,ity WORTH,TA 1 o 49,
AICKNOWLEDGEMENT
THE STATE OF TEXAS §
COUFNTY OF TARRANT §
Before me, the undersigned authority, on this day personally appeared Susan Alards, 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 instrument, and acknowledged to me that she executed the same as the act and
deed and on behalf of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the
purposes,and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
2013.
own
RLJNGER
UNDA M.HIR
IRE
_S
My(;0MMjj;8Sl0N:EXPIRES
JJXY 21 01
4 FsbnjM 2127011,4 U
004 Nota"ry Public
THE STATE OF TEXAS
COUNTY OF TARRANT
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 foregoing instrument and that he acknowledged to
me that the same is the act of TCEQ, and that s/he executed the same as the Director of the Monitoring
Division of TCE , and for the purposes and considerations expressed in the foregoing instrument.
^ 0% AA
GIVEN -UNDER MY HAND AND SEAL OF OFFICE., this day of
20 13.
U
Notary Public
..... -AOL all' ML-
DEMA My PEAS
Nom PuNeo 03-tdo at UK"
y
commis,046"E**",
4
Notar
y wnhcm BMW
Air Monitoring,Site Agreement between the City of Fort Worth
And Texas Commission oil Environmental Quality 12 of 49
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"2he UNITED 6Ti'TE, �" � by and through
the ecr etary of the and through h tine
Director, bureau of Uutdoor Recreation,n, under end pursuant
to, the Power and authority contained in the provl iunr� of the
t .
Federal Property and Administrative 8er ices, act of A e
6t t. 377), as amended, and particularly cis, aracraded by
eu'dlic haw 485,, 91st, Congress,-, and regulations and order'
promulgated thereunder (hereinafter designated "Griantor"),,
for and in consideration of thc perpetual use f the hereinafter
de . r bed premises as and for public park and public recreation
area purpoc ;es, by the City of Fort Worth, Texas her e.inaft ;r
designated "Grantee"l) does by these presents, bargain, cell,
gr,,.i nt and convey without, wa,rra ty express or implied, to
Grantee, and to Its 2ucce-,.�-,-or.s and assign3, L�ubje t ter, Ua
r a Yrvat . n , exceptions, restrictions, conditions ana
covenants hereinafter expressed and set forth, all Gr4ntorf.s
right, title and interest in and to the following described
proport, ', consisting of approximately ly 20,7.2'9 acres, located
in Tarrant County, Texas, together with the appurtenances,
the buildings and Improvements thereon, and more particularly
described as follows
F E'
it w
tract of land out of the U. 6. public
Health Service 11osp, tal property, cons tinag
of 20?.29 .ores, of bind., more or less,
situated In than outhea t portion of than
City olf fort Worth,th, gar-L-ant County, `c.xaa,
x tai tract of land being in the most
northerly northe a,t portton of the U.
Public health L)orvico lioqiital, property,,
lying, norttr of T app it Road, went of Wichita
trr• .lltr east of C rmpus Ori.ve and southuosterly
of Uld MunsfJeld lto ad, aa.d tract being tea
1;nrtion of the Land conveyed to the United States
(if AraerlCl 1.=y the Fort Worth Chamber of
Ca rnanerc. by Decd dated d March 16, 1933, and
rr,corded in Voli me 11.81, Page 445, Deed Records
of Tarrwa.nt Guurity,, Tex a6.
),aid tract being a portion of the iA. Rogers,
.t. CoiletL and than j" tterb rry Surveys in
Y rr ant County, Texas, and commencing at
a pnint, said point bel ri interior corner
marked b a six inch �""� an six inch a" by
three foot " Concrete monument which has
°
Air Monitoring Site Agreetnent between the City of Fort,Worth.
And Texas Commission corn Environmental Qualit l�of 49
;f by
r
banning s of east end N. ' 1,a'.,"W. z 1d
pint b inr' west a distance of ' 9'.41p
foot from the northeast,t corner of the
E. Roger.-, :;urvey, within the U. S.
Public health 6ery ce hospital prop rtyl
Thence N.0*12"W. a distance of 1750.0
foot to a s,ix inch ( "') by six inch ""
by three foots (3") concrete monument for
a corner,
Thence: N. 9044"E. a distance of 110.0
foot to a six inch J"" by six inch 611) by
three foot 3' concrete mc.ntiment for a
corner,
Thence: N.00121 W. a distance of 3 ? .0
foot to a six inch "" by six inch 6"
by three foot (3,") concrete monument in
the north property line of said tract for
a corner,
'.l.'hence: E. '*44" . along the said north
p pop erty line a distance of 916.23, "'co t
Lc a one and one quarter inch 1.47"," iron
pin for a carrier said sort pin being the
inn t northerly nrthwe t cotter of the
tract Ourroundin the U, 8,, Public health
:service hospital.
`"hence: S.2 °32'W. a distance of 32'3.42
foot to a three quarter inch (3/411) Iron
pin for a corner.
Thence: S.11* "W, a distance of 463.04 foot
to a three quarter inch (3/411) Iron pin for a
corner,
Thence-fil 5.43049"E. a distance of 412.55
foot to a one and one quarter inch 1j" iron
pin for a corner.
Thence: ". *311l . a distance of 11"/4.55 foot
to a three quarter rter inch fit ""' iron pin for
a corner..
Thence: S. 2*54"W• a distance of 478.95 foot
to a three quarter inch (3/4") iron pin for
a corner.
Thence: S.0,*12"E. a distance of 12b9.72 fact
to a three quarter inch (3:/4") iron pin for
a corner,
Thence- . 9039'E. a distance of 620,65 foot
to a three quarter inch 3/4") 1ron pin
for a corner.
Thence U- 7013 1 E. a d.iatance of 1197.50
foot to a one and one quarter inch "" , Iron
pin for a corner.
Thence:5.84*09" a distance of 920.5 foot
to a three quarter inch ''' iron pin
for a corner.
2
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u
:air 'loniter ng Site Agreement between,the City of Fort Wortlr
And Texas a Conu fission on Env rd nniental QU l"ut r 15 of 49
g,
"XI
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Thence: 5.3001 1f L. a distance of 839'.5 .
`oot to a t rce quarter inch OPP') iron
pin for a corner,
TIieric o r N.38112 11 E. a distance of 1842.63
foot to a three quarter inch 4") iron
n in the Sa arthen t property line of the
U. v. Public Ilecalth Service tract, said Iron
pin be.ine the nos t northerly northeast
corner of the tract surrounding the U. 8.
Public Ho al°tb Service lio.spi tal and in the
southwest right-of-way line of the Texas
Electric Service Company's right--o f_way'.
Thence; 8-0"13'E. along the east property
line of said tract and vest right-of-way line
of the T1 xa. Electric Service Company's
right-of-way at '/85.49 foot passing a
1'.KL0x ' concrete marker, proceeding
. 1 E. at 200.0 foot passing a 411xL0x3
concrete marker,: proceeding 6. x'1, ' '. a.
distance of 1394.01 foot to a one and one
quarter inch iron pin for a corner,
a toLal distance of 2379,1+9 foot, said iron
pin tieing the eutheaat corner of said tract
herein boing described.
Thence: N. " 2'W. 11ong the south property
liae of said tract, north ri Fat-of-a ay line f
Tappan �oa,d a distance of 4497.E foot to a oaae
and one quarter inch lk") iron pin for a c(,)rner,
said iron yin being at the intersection of 1,he
11or-th right-of-way line of Tappan Road and the
northeast right-of-way" line of Campus Drive.
Thence: l`.31 "02'W. along the southwest prop rt
line of. said tract, northeast right-of-way line
of Ctuapua Drive a distance of 1112." fclet to
the P.C. of a curve to the right in a north rly
direction Delta angle 5702 "'Rt., Radius 1140.0
foot, Tangents 624.78 foot, length 1143-07 foot),
aid, P.C. being marked by a three quarter Inch
(3/4111) iron pin.
Thence long said curve to tfie right In a.
northerly direction a distance of 1143,07 foot
to the P.T. of said carve, and a three quarter
mach " iron pin for a marker of the P,1.',
"hence: N.260251B. a distance of 53.r:')I foot to a.
three quarter inch (3/4") iron pain for a corner,
said iron pin being in the east right-of-a4 ay i.irae
of Campus brive and being the most westerly northw est
corner,
Thence: East a distance of 1219.03 foot to a
six inch 611 by six inch (611) by three foot (31
concrete monument and said concrete m gnu.aont being
the place of beginning, all as shown on plat
attached hereto, marked rc" hibit A.
h tract of land situated in the southeast portion
of the City of Fort Wolrth,, Tarrant Couxity, Texas,
and being a portion of a ri. ht-cif--wary owned by
the Texas blo c Laic Service Company, located between
the east boundary line of the U. 6, Public Health
Service Hospital property and the west ri., bt-of--wa
3
Air Monitoring Site Agreement between the Cite of Fort Worth
And Texas Commission on Envir��ni-rental Quality of 9
z
id
y
line 0 f" Wi f-hi to tr'ee�t said tract being a
pertI on of the brae: over which perpetual
of inn and et re were cnjave�r ed
try ; ate A "��At in a tc the United 6t tes of
America by i n s to r'w uru r ri t dated Tune 87 19331
paid trnct being,, more particularly described
a:a ar i c l l o w
F'rom a three qur,arte r inch 10 iron pin
in 'the Faros"t ea tern northeast corner of' the
property, said comer also being a re entr arat
ca rrion of the Texas Electric 6ervice Company
property,
Thence 6011th 00:0131 east, along the common
line between the IJ. S« Public Health St-,rvice
p rcp er ty and the °, ex,,,a Electric Service
Company right of W4Iy j ?85.49 feet to a
411X- P "' concrete m,-Arker.
Thence: Forth 8904" ` east, 50 feet to the point
of beginning.
Thence: North 8 * ?r east, 1.00 feet to
I+IIXI�"X ' concrete marker :jituated in the west
right-of-way line of Wichita 6treet.
I he.nce: ialong the we,,t, right-of-way line of
ichit�a t reet, ei th 00013' east) 0 feet to
t+"x,4 concrete monument.
Thence: South 89*4' ' i „
..t, 100 feet to a point.
Thence: North 00*1 r west, 200 feet to the point
of beginning, containing. .459 acre, more or le,s .
RIGHT OF +'CYRE()W
tract of land lying adjacent to the east
boundary line* of the U. 6. Public fleatth -)ervice.
t-cra pica l property situated in the souther-I.,-A,
portion of the City of fort Worth, Tarrant County,
, e a , said tract being a portion of a rl h;t-of-way
owned by the `Pciaz electric Sorvice Company over
whi.cfi tho Fort Worth Chamber of 'cr erce convoyed
to the United a3tate:- of America the right of
ingress and egress by Deed dated March ib, 19331
,rid trac t being more particularly described as
f ollows:
A. strip of land 50 feet in width, the westerty
limits of which begins at a three quarter inch
t ,/I tI iron din _n the �.��� terr roc;t northeast
corner of the U. d. Public hea l th Service
liuspil.ai. property, said cor�°raer (a.sc baying �a
ryc�-a nt�,�r�ant corner of'' the °fe ar Ellectric L;crvl(°e
Company propcirty -,ind running scu,th 00'13"" Ons t
23? .49 f ce t along the ccr noon ..ne ha twelon the
11. 8. Jilut)l lc tteaal th Cervice ttc.I.rital property
and tho, Texas 11;lectric Service Company right-of
gEay to a one and on(a quarter inch (1411) iron
pin for the Southeast corner of the U S. I)ublic
Health Service llc:rrpitaal property, for the end
of' tho westerly limits; of the herein described.
strip of land being fifty feet in width,
containing 2#73 acresli acre or less.
Air Mori ter ng Site Agreeinent between the City of Fort Worth
And Texas Coinmissiorl on Envircnr- errtal Quality 17 of 49
18 Concrete,, in�isonry *Ik
!�teul, built-up roof.
19i Greenhouse - concrete
foundation, metal, & cla��S*
20 Concrete, foundation %k floor,
tree structure.
21 "°, Some as building 20.
22 6aine as Buildings 2)0 -& 21.
21+ .game u:e with
polyetliyleiie covering on
tip nd part of sides.
Cons trusted by Iabor.
49 1'rai e building nst r . d
fur iise as farrowinp in
farm operations - n6 inLerior
s eath,i - dirt floor.
5 elt er house - conc te loor,
concrete block of screen wive
' .
51 Prefabricated refrigerator.
56 Quonset but - wood & metal.
5" owne.as Building .
6a me as Building's 56 and 5" •
Concrete floor, masonry walls
meta. roof.
62 Sonic as Building 49.
63 �I;ame as Buildings 49
Tr an-former station cu (�r to
hlocks-, no transformer.- included.
4ire mesh fence, approximtntely
5 10 high pith mesh r.i g i from
Of 3 to t the t cm to t 1r X 1
it the toy i.t o ' otrnnds
t" ; r od wire at, the tots
steel poists approximately 10"
apart (,6,724.75').
Air Monitoring Site Agreement between the City Foil Worth
And Texas Commission on Enviro lent l Quality 18 of 49
Subject to
I'L. '21 covenants and restrictions 'which run with
the ,land, that, the land shall not at any future time he
used for a commercial or industrial dovel.opr ant uhich,
as determined by the Regional Adminis trator General
6ervicaa Administration,, Forth Worth, Texas, or his
�,uoeosaor in fuc io , in the normal course of its operation,
produces air pollution, contaminating materials, fwaes,
odors, or ground waste resulting in an wihealthy or unpleasant
env; romnent within the boundaries of the NIMH Clinical Research
Center ,grounds, Forth Worth, Texas.
B.. Reserving to the Grantor and its a s s i ns for t h e
period of six months from the date of this deed the right to
enter the above-described property and remove therefrom the
two parallel Brain link fences and appurtenances lying 150 feet
a p'art and running along the rights-ref-way of Tappan Boulevard.
;:Ind Campus Drive. Until the removal is completed, the
United States of Ameri,ca or its assigns shall have they right
of ingress and egress to and from the premises for the purpose
of removing such property'.
G. All exi,sting easements for public roads,, charnels,
highways, public utilities, railroads,, pipelines and
electrical trans-mission lines.
Pursuant to authority contained in the Federal Property
and Administrative services Act of 19497 as ax enYded, and
applicable males, regulations and orders pro ul n-ted thereunder,
the General Services Administration determined the property
to be surplus to the needs of the United States of j'Qrjerica
and assigned the property to the Department of the Interior
for further conveyance to the City of Forth Worth, Texas,
It Is Agreed and Understood by and between the Grantor
and Grantee, and the Grantee by its acceptance of this deed,
6
Air Monitoring Site Agreement between the City of Fort Worth
A,nd.Texas O',) mi sion on Environmental Quality 19 of 4
W ;y,
u
does ac)(no ledge its understanding of the agreement, and
does.
�, covenant
''and agree for itself, and its uccessors
and assigns, forever, ati, follows-*
i. ',"his property shall be used and maintained for the
public purposes for which it was conveyed in perpetuity as
set forth in the program of utilization and plan contained
In the a.pplica tion$ submitted by the Grantee can December
L9'10, which program and plan may be amended from time to time
at the request of either the Grantor or Grantee, with the
written concurrence of the other party, and such amendments
shall be added to and become a part of the original.
application.
20 The Grantee shall, within 6 months of the date cad" the
steed of conve "ante, erect and maintain a permanent sign or
marker near the point of principal access to the conveyed area
16
indicating that the property is a park or recreation area and
has been acquired from the Federal Government for use by the
genera, public.
3. The property shall not be &old, leased, assigned, or
otherwise disposed of except to anther, eligible governmental
agency that the 6ecretary of the Interior agrees, in writin
ecin assure the continued use and maintenance of tie property
for public park or public recreational purposes subject to
the same terms and conditions in the original instrument of
cenvPyance. However, nothing in this provision shall preclude
the Grantee from providing related recreational facilities
and Lea*vices compatible with the approved application,
th-oough c eces:;ion agreements entered into with third parties,
provided prior concurrence to such agreements is obtained in
writing from, the Secretary of the Interior.
i'j�. From the date of this conveyance, the Grantee, its
succes Fors and assigns, shall submit biennial reports to the
Air Monito inn Site Agreement between the City of ort Worth
And Texas Conunisi on on Environnientall Quality of
u:oeretary of the trite loo
settine forth th#., u matie
of the property during the pre c,,edLriC, two-year per-lod,
ind other pertinarit da ta establishing its continuous use
for the. purpose-s set forth abo e, for ten conosecutive
reports and as further determined by the 6ecretary of
the Interior.
50 'the Grantor shall, have, the right during the
qAistence of any national emergency declared by tht% ?reo,ident
of the United 0-tates, of J'�Merica, or the Congress therQof
to the full unrestricted possession, control and ure
of the premises, or any part thereof without charge; provided
the Grantor shall bear the entire cost of maintenance of
all property so used ,
6. As part of the consUderation for this Decd?, the
Grantee, convenants and agrees for its-e1f, its successors
,a-rid assiCtis,, that (1) the program for or in connection
with which this heed iS made will be conducted in compliance
with,, and the Grantee,, its successors and assigns, will comply
with a,-11 requirements imposed by or pursuant to the retrulations
of the Department of the Interior &s in effect on t1lie date of
this Ooed (43 C.F.111- Part 1"/) issued under the provizions",
of 'fide VI of the Civil Rights Act of 1964; (2) this
covenant, shall b,e subject in all respects to the provisions
sions,
of said regulations- (3) tae Grantee, its successors, and
assigns, will promptly take and continue to take such action
as mziy be necessary to effectuate this covenant; (4), the
United 6Cates shall have the right to seek judicial
enforcernent of this covenant, and (5) the Grantee, its
17.'Lie 0
. psgors and assignsl will (a) obtain from each other
per,-1*on (any legal entity) who, through contractual or
other arrangements with the Grantee, its successors or
is authorized to provide services, or benefits
under said program, a writ Len agreement pursuant Lo which
such other person shall, with respect, to the services or
benefits which he is authorized to provide, undertake for
Air-11 onitctin Site Agreement between the City of Fort Worth
And Texas("onirnission oil Environmental Quality 21 of 49
fi %�A
himself the same obligations as Louse imposed open, Ue
c t its successors and assiCns) by this covenant,
an �b fur copy of such agreement to the 6ecretary
" the Interior
or his ueeessr; and that tea. eeveueant
hall run with the land hereby conveyed, and shail in a.,ny
event, without regard to technical classification or
designation, legal or otherwise, be binding to the fulieat
extent permitt d by ,law and equity for tie benefit of', and
in favor of the Grantor and enforceable by the Grantor against
the Grantee, its successors and assigns.
` . In the event there is a breach of any of tlie
conditions ditic ns a,nd covenants herein contained by the Grantee,
its succeosors and assigns, whether caused by the legal or
o her inability of the Grantee, its sucee tors and as sign:,,
to perform said conditions and covenants, or of aorwise, ail
eight, tiLle and interest in and to the said preruises shall.
% revert to and become the property of the Grantor at its
option, which in addition to all other remedies for such
breach .shall hzuve the right of entry upon said premises, and
the Grantee, its successors and assigns, shall forfeit all
right) title and interest in said premises and in any and
all of the tenements, hereditaments and appurtenances thereunto
belcriging provided, however, that the failure of the SAccretary
of the Department of the Interior to require in any one or iuore
instances complete performance of any of'' the condition
or covenants 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 perfor ante shall continue in full force and
effect.
8. The Grantor reserves all oil, gas and mineral rights
in the above-described property,
9
Air Monitoring Site Agreement between the City of Foil Worth
And Texas Conlinission on Envi roil nienta 1 Quality 22 of 49
z",
the Grantor has causcid ther;,(-,6
presents to by executed in its mate and on its behalf
this the day of �� I 1 0
tt' t rig h and through the
retar of the Interior
J roet or
Du.rrea a of Uutdoer He e eat on
COUNTY UIF
n this j day of 19 b(-,fore
use, thie subscriber, personally appec red
to mo known a nd known to me be the Director, bureau of
Uurtdoor Recreation, of the United States Department of the.
interlior, a governmental agency of the United StaLes of
America, and known to 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 United States of _erica,
for and on behalf of the Secretary of the Interior, du i
designated, �inpowered and authorized spa to do by saki ,)ecretar,y,
arum he acknovIcdc ed that he executed the foregoing'-instrument
for and on behalf of the United States of America, for the
pure tses and uses therein described,
Notary Public
M CoAltimission e.xp i 7r e.s
ny r"01MM"13lo,r4PUCS QC-11,W73
The foregoing conveyance is hereby accepted and
the undersigned agrees, by this acceptance, to assume and
10
Air Monitoring Site Agree ient between die City of Foil Wot h
And Texas Come-ni svon on nvi rwont enta l Quality 23 of 4
ADin
°ova
he bound by all the obligation conditions, covenants
and agreements therein contained.
,w
a
APPI e
ion
�..
Title
ACKNUW'LEDGVIENT
01 11 T O
ss
COUNTY TY "
Oil this + """ daly of 19
bed°e�e the a �ersigned Officer, pers n 11'Y apreared
to me. !newt' and
known to sue to he the same person whose name is s „bseril.ed
to the fa re-g inc" acceptance,, who being by me duly ,"worn, did.
depose and spay that he is the �..� of the
- at
he is duly
deg.ian to 1, o powered and authorized by as resolution adapted
by the M_ "_ on `.00I ,f to
execute the foregoing acceptance and sign his name there~-te
and that he signed his ras e thereto and acknowledges tbaat
he executed the fereroing in.s trw ent for and on behalf a of
µ
tie 1,j for the purposes and
uses tkzereina described
Notar jublie
14y Commission expires t
w
we
1
Air Monitoring Site Agreeinent between the City of Fort Worth
And"Texas Cominission on Environmental Quality 24 of 9
I
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Exhibit C
CONTRACTOR'S TEMPORARY RIGHT'OF' ENTRY AGREEMENT
THIS TEMPORARY RIGHT OF ENTRY AGREEMENT ("Agreement"), dated
20�13 (the "Effective Date"), is, made by and between the City of Fort Wo�rth
(hereinafter "City")i, 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
(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 Conunission 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
maintained on a Rolling Hills Park located at 2525 Joe B. Rushing Road, Fort Worth, Texas 76119.
1 11 i�
:Capitalized terms, used, but not aefined 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 2,013 through
1 2013�, solely for the purpose of constructing, ins,talling, maintaining, or
operating the System.
I. For purposes of this Agreement, all references to Contractor shall include its contractors,
subcontractors, officersl agents and employees, and others acting under its or their authority.
2. Contractor shall comply 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 ofits operations hereunder, to ablide by and comply with
all Laws, and to file all reports or statements required in connection with the conduct of' its, business.
CONTRACTOR SHALL AND DOES HEREBY INDEMNIFY, DEFEND.) AND HOLD
HARMLESS THE CITY FROM AND AGAINST ANY AND ALIJ 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 HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND
AGAINST ANY AND ALL CLAIMS, LAWSUITS, "GMENTS, 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 NATUIU,INCLUDING, BUT NOT LIMITED
TO,, THOSE FOR PROPERTY LOSS (INCLU�DING, BUT NOT LIMITED TO, WORKERS'
COMPENSATION ACT LIABILITY, LOST' PROFITS, AND PROPERTY DAMAGE) AND/O,R
PERSONAL INJURY (INCLUDING, B�UT NOT LIMITED TO, DEATH) TO ANY AND ALL
PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT
OF OR RESUI-Arl"ING FROM THE ACTS, ERRORS, OR OMMISSIONS OF CONTRACTOR
AND/OR CONTRACTORIS SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS,
Air Monitoring Site Agreement between the City of Fort Worth
And Texas Commission on Environmental Quality 26 of 49
AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN
CONNECr FION Wlrfll THE EXECUTIONI 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 ENTIRETY, THAT IT IS FULLY INFORMED AND HAS FULL
NOTICE AND KNOWLEDGE OF ALL "I"ERMS, CONDITIONS AND EFFECTS OF THIS
AGREEMENT, THAT IT HAS HAD AN OPPORTUNITY 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, MCLUDING, WITHOUT LIMTFATION, THE TERMS OF PARAGRAPH 4.13,
RESULT IN CONTRACTOR GROUP ASSUMING CERTAIN LIABILITIES TO THE FULLEST
EXTENT PERMITTED BY LAW WITH RESPECT TO CERTAIN WORK OR SERVICES AND
RELIEVING CITY OF ITS RESPONSIBILITYFOR, SUCH LIABILITY. CONTRACTOR AGREES
THAT IT WILL NOT CONTEST THE VALIDITY OR ENFORCEABILIJ,'Y OF ANY INDEMNITY
OR EXCULPATORY PROVISION OF 17HIS AGREEMENT E'CLUDING, 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 SHALL BE DEEMED TO BE
'UNENFORCEABLE FOR ANY REASONI INCLUDING WITHOUT LIMITATION AS A RESULT
OF A DECISION OF ANY APPLICABLE COUR"I", LEGISLATIVE ENACTMENT' Off,.
REGULATORY ORDER, THE PARTIES AGREE THAT "I"HIS 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 I 1ARMLESS CITY TO THE
FULL EST ,EXTENT PERMITTED BY APPLICABLE LAW.
5. PERSONAL PROPERTY WAIVER — A_LL PERSONAL PROPERTY, INCLUDING, BUT
NOT LIA41TED TO,1 FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPONI TIE LICENSED
PREMISES OR,THE PARK WILL 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 perfon-ned 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 nunimunl 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 cornpetent and adequately trained in all safety
and health aspects of the of
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 of 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 Monitoring Site,Agreement between the City of Fort Worth
And Texas Commission on Enviroturiental Quality 2 7'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 deficiencies, 'in the Safety Plan. The terms of this Agreement shall control if
there are any inconsistencies between this Agreement and the Safety Plan,
I 1. 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, ordinances, 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 over
powers or sovereign i,i-nmunity.
13. Neither termination nor expiratlon 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 termination or 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. rl"o 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.
i 6�. 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. 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.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Air Monitoring Site Agreement between the City of Fort Worth
And Texas Commission on Environmental Quality 28 of 49
IN, W jr
FNESS WHEREGF, �the parties liere have caused these presents to be executed in duplicate the
first day and year first above written.
CITY OF FORT WORTH CONTRACTOR
by: by:
Susan Alanis Name:
Ass,istant City Manager Title-. .-,,
APPROVED AS TO FORM
AND, LEGALITY:
Assistant City Attomey
ATTESTED BY,:
Mary J. Kayser
City Secretary
Contract Authorization:
No M&C required
Ah,Monitming Site Agreement between the City of Foil Woolf
AnclTexas Coinmission on Environmental Quality 9 o,t*49
1r,
Exhibit D
Policies and Procedures
I The Licensed Prei-nises 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 t 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 meets 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 hotter 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 perfonnance 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 ensun"ng
that the entrance gate to their compound is locked and secure at all times.
Air Monitoring Site Agreement between the City of Fort Worth
AM Texas Corntnission on Environmental Quality 30 of 49
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Damage to"Frees;Remedi'ation Costs
fl,
[n the event of an.y &Image to trees in contiection with Conipany"s ()Iperations. Compai"iy shall,
C,
comply with the follmving:
1. In Giener',00
ive the right to inspect ttnv tree,'; located, on the PC-,,Irk I'-*(-)r J.(-'Image by
The, City Forester shZIll N,
if applielible, will chassify dimage to trees its slight, moclerate, or severe as
Company zind., I
descri-bed below.
l.1 Standard for Meas2l=
Branch h .l.l. be ineaisured*,,it the poit'it of attach'inent or at the lateral to which the branch. wmild
be Pruned back under ANN[ standards. Tree ccaliper shtall be nw.-3sured according, to accepted
industry standards. Treess greater than 6" in caliper shall be measured LISing diailieter at, breast
hei(fl"It (L)BU).
Ig
2 4�
.1. S I i ght D1.nit ,e,
Slight arms go shall. be d,efined as damage that. in the opinion of the City Forester, caj_,I� be
Z:>
reasonably anficiptited to heal. Exaniples include, but are not liaiited to, 4 arring of the trunk
into the cambial, laver of tip to 2 in width but less than 113 trunk circiniiference; and (H)
h S th i,eter a.nd less th.an 1/3 of the trunk caliper.
at are less flittri in dian
I he assessed at It rate of$1.1 .1M 0 for each inistan,ce of slight d a j n a o,.
2. Mod
Shall be defined as darnage, [mat in the optnton, of the City Forester, can
,d to cot-itri but e to poor health an(I slight to moderate reduction. in
I o I't include, but ,ire not firnited 'to, (i) SCWTing cal'the trUnk into the
-Unk circtiniference - and (H) breakin(�t of
"I'Milbiat 1,'Uyef gt'Ca(L� in width bUt less than 113 ti
rvre th'an 21" ire diw_ioter but less than 1/3 of tli,e tr Lit ik cLd iper.
Remedtat, ,,cysts shall be assessed for each instance of ti.ioderate damage at the following rates:
for any tree that is more than 20 inefies in caliper, the re ter of.:
(A)orte—half of the estirriated valUe of the tree or
(B),$300.00 per ca,lipe.r inch,-
(it) for tang tree that is less than 20 inches in caliper, $30(.).00 Per caliper inch.
2.3. Severe Dania
Severe, di,11til'age shtall be defined as dama(le that, in the ovinion of the City Forester, CILM,
t*
Air Monitoring Site Agreement between the City of Fort Worth
And Texas,Commission on Environmental Quality 32 of 49
reas,onably be anticipiited to contribute to Ca-w,' vere red,uctjo
W n in longevity of the tree or oilier Bpi
se
cliar,,xterized as, a catastrophic injury to (he tree. Evunples ilICILKIC. bLl:,t W-C ]'lot lifflited W, (j)
scarring of the trunk to the cambial Iaver greater th(ri, 113 the trunk circumference- Oi) uprooting
a tree or. causing Ji (,fi,mi,ge to a sc-it"Tolding branch or lo,,a branch grez,,Iter th�an
a tree to letall, (1.11) (1
113 Ot't'l-Unk calipeu, and (kr)reruov�al (,,)f ca tree.
Remediation costs shall be :3ssessed, for e�ach his tar ce of severe(ficm,,toe at the followirig rtates:
6) for any tree that is oxenty-five (25) inches(,)r Jess In c�aliper, the cappr.,Aised v4alue of the
tree;
(ii) for�Iny tree greater tlh-c: menty-tive (]25)) illClICS' in C<1i1 Mlice the aj. I value
oft-he tree.
ConipZ"Iny ,shall m,,LAke pZtyment �.uiy such dailiages an(] niust plant replacenient trees for
severely daniat-Ted trees art a location too he deterniined by the Parks and CommunitV Services
Departm,ent. Rep L.Ice III efit sh;�Afl be made on basis with a, rii,i,nim till)
size replace'tyie-nt tree of 2'" ii-i cali per.
I Orllpany shat] be resf.)on sible for the plant in wateri ng.
rnutchi,ng and niaintenatice of replaceirie'nt trees for ',:'I pellod of not less than 2? Years. Any tree
that does 110t SLII-ViVC NIC 42' yea.r est,U Ali sh.metit period shall be et"Mn,pensated for by the Compatiy
to the Parks cand Comn,im1ity Set-vices Department at,a rate of X2"00 per caliper inch.
3.2.
Reniediation, costs assessed hereUnder C01IStit'LitC contractual dianiages intended to compensate the
7 a
Rarks ,Lmd, Community Set-vices (,is property, owner �ind have no be,aring on whether or to wh,t
extent any fines ni,ay be (ILIC Under the Urbt,m Forestry Ordinance of the Fort Wt-,)rth, Zoning
Orctinance.
Air Monitoring Site Agreement between the City of Fort Worth
And Texas Commission on Environmental Quality 33 of 49
SECTION 02300 - EARTHWORK
PART I -GENE RAL
1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment, and
e s required t c , shape�, and finish earthwork to the required lines, grades,
srviceo onstruct
and cross sections as specified herein and on the plans.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. Section 02200 _ bite Preparation.
B. Grading Plan: Refer to plan sheets.
1.03 METHOD 01F PAYMENI".- 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 UNCLASSIFIED 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 0 UNCLASSIFIED 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 ins,ofar 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
' 'ble in fill materials, used to construct earth embankment. Miner
are pen-nissi I M'
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. Als , 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
Oin-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 Monitoring Site Agreement between the it of Fort Wot-th
And Texas Comi-nission on Environmental Quality 34 of 49
...........-1.........................-.11.1-1.......-—...................
objectionable matter has been cleared by "blading," as specified in Section 02200, "Site
Preparation." Topso,il 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 makes them unsuitable for use in the construction of
earth embankment.
B. The Contractor shall haul and place imported fill obtained tromOff-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 must 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.
2. 5 SELECT MATERIALS
A. Select materials, shall be imported ftorn offsite sources, unless they are available
from specifically designated areas on the site as marked on the plans.,
2.06 UNSUITABLE MATERIALS
A. Topsoil, select, material, imported fill, or unclassified fill, will be declared as
"""unsuitable"' by the Owner if in his opinion, any of the following conditions or
matter and particles are present to a degree that is judged detrimental to the
proposed use of the mater'al.
I. Moisture
2. Decayed or und,ecayed vegetation
3. Hardpan clay, heavy clay, or clay balls
4. Rubbish
5. Construction rubble
6. Sand or gravel
7.
Rocks,1 cobbles, or boulders
8. Cementious matter
9. Foreign matter of any kind
B. Unsuitable materials, will be disposed of as "waste" as specified in Section 02200,
Air Monitoring Site Agreement between the City offlort Worth
And Texas Commission on Enviroi-trnental Quality, 35 of 491
C. Wet Material-, if' fill material is unsatisfactory for use as embankment solely
because of' high moisture content', the Architect/E,ngineer may grant the
Contractor permission to process the iiiaten*al to reduce the moisture content to a
usable optimum condition.
PART 3 - EXECUTION
3.01 SITE PREPARATION.- In general, "site preparation,"' as, specified in Section 022 00.,
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 from contamination by objectionable materials that would render it
unsuitable.,
D. Timing-, Topsoil will not be replaced (deposited) until construction activities are
complete that would create, undesirable conditions in the topsoil, such as
overcom,paction or contamination. Trenchingtor items such as electrical conduit
and im*gation pressure lines must oe complete before topsoil replacement may
begin.
D. Rieplacement: Topsoil will be deposited in a single layer or lift. It will be placed,
processed, comp:acted, 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 o rt Worth
And Texas,Commission on Environmental 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 fi-tint-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 no al
compaction. Areas of loose granular pockets or of ov,ercompacted soils are not
acceptable and will be reworked. Finished, areas will 'promote surface drainage
I,* �
and will be ready tor turf9rass 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
dainage 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 constructio�n, topsoil replacement, and final
grading, are completed. Any other surplus material shall be disposed of as
11waste" 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 p�lans, excavation in solid, rock shall extend six inches
(6") below required sub grade 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 embankinent 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 unifon-n 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 between the City of Fort Worth
Ai,idTexas Commission on Environmental Quality 37 of49
the drawings. After completion of the graded area, em I oanKment 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 sub de shall be proof rolled to detect soft,
s,pots, 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.
Scarification shall be accom P lished by plowing, discing, or other approved
'means. Prior to fill placement, the loosened material shall be ad' usted to the
proper moisture content and recompacted to the density specified herein for fill.
E. Benching,-. Scarification is norrrially adequate for sloping surfaces. However 1, in
certain cases, where fill is to be placed against hillsides or existing embankment
with s,lolpes 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 finms 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 maten*al shall cover
the length and width of the area to be filled and shall be conditioned and
compacted before the next bigher 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 material 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 Worth
And Texas Conumssion on Env irorunental Quality 38 of 49
H. Compaetin�: Each la y er 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 areas
inaccessible to vehicular compactors.
1. 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 0.1 w1 foot of
proper subgrade elevation prior to depositing topsoil, and prior to the
construction of pavements, slabs,, etc.
31.015 DENSITY CONTROL
A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a
minimum of ninety percent (9101%) 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% 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 sub rode for structures, areas of pavement, or for
select embankment. After completion of the e banks nent, the Contractor shall prevent
excessive loss of moisture in the embankrwent 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 sub&Tade. If any of the subgrade is rutted, damaged or
displaced it shall be restored prior to placing topsoil. Topsoil shall be replaced as
specified herein per Item 3.02.
END OF' SECTION
Air Monitoting Site Agreement between the City of Fort Worth
And Texas Commission on Envirorunental Quality 39 off
SECTION 012930 - SEEDING
PARTI - GENERAL
1.01 DESCRIPTION
A. Work Included-, Seeding of grass: seed or wildflower seed, as specified on the
plans.
B. Related Work Specified Elsewhere-, Section 0123010, Earthwork.
1.02 REFERENCE STANDARDS
A. Standardized Plant Names
1- For exotic plant miaten'als: 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 Hatch
c. Flora of North Central Texas by Shinners and Moller
B. Texas Highway Department: Standard Specifications for Construction, Item 1-64,
"Seeding for Erosion Control" and Item 180!, "Wildflower Seeding".
1.03 SUBMITTALS
A. Seed
1. 'Vendors' certification that seeds meet Texas State seed law including:
a. Testing and labeling for pure live seed (PLS)
b. Name and type of seed
2. If using native grass or wildflower seed, seed must have been harvested
within one hundred (1001) miles of the construction site.
3. All seed shall be tested in a laboratory with certified results presented to the
City, in writing, pin"or to planting.
4. All seed to be of the previous season's crop and the date on the container,
shall be within twelve months of the seeding date.
5. Each species of seed shall be supplied in a separate, labeled container for
acceptance,by the City.
B. Fertilizer
1. Unopened bags labeled with the analysis
2. Conform to Texas fertilizer law
1.04 JOB CONDITIONS
Air Monitoritig Site Agreement between the City of Fn t Worth
Acid Texas Commission on Envit*onniental Quality 4 0 of 49
A. Planting Season.- The season varies according to species (see Part 2 Products).
Do not seed when soil is excessively wet or dry or when wind exceeds, ten (10)
miles,per hour.
B. Schedule After All Other Construction and planting is complete.
C. Protect and Maintain Seeded Areas
L 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,
germinati,on) 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. Pn*or 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 (LS) and other material in the mixture. Johnsongr ass, and nutgrass seed shall
not be allowed.
The seed shall be clean, dry and harvested within one year of planting.
1. 'Non-natl'vUrass seed shall consist of.-
If planted between April 15 and September 10:
Lbs./Acre Common Name Scientific Name P
Germination
Air Monitoring Site Agreement between the City of Fort Worth
end'Yexas Commission on Environmental Quality 41 of 49
r%o%
25 Bawds(urLhulled) Cynodon "ac ton 85% V
75 Bennuda(hulle,d) (�ynodon dacrylon 95% 90%
S l)stitute the fol.lowirtolif planted between September 10 and April 150
��/0
21-0 Rye G"rass Lolhttn muiliflot-um 8""' 80%
40 Bernw(fia (LI1111ulled) C."t,1nod(_)n dtictylon 840 85%
2 Nativ ss seed - The seed shall be planted between February I and
October 1, and shall. consist of
Lbs,. PLS/Acre Common Name Botanical Name
1.6 Green Sprangletop Leptochloa dubta
5.5 Sideoats Grama* Boutelo,ua curtipenduIa
3.7 Little Bluestein* Schizacliplum scoparium
17.0 Buffalog,rass Buchloe dactyloides
1.8 Indian Grass* Sorghastrum nu tans
0.5 Sand Lovegrass* E"ragrostis trichodes
6.0 Big Bluestem Andro �ogon gerardii
P
8.0 Eastern Grama Tripseacum dactyloides
1.2 Blue Gr am a Bouteloua graciliv
1.8 Switchgrass Panicum virgatum
10.0 Prairie Wildrye* Elyinus canadensis
*These grasses are not to be planted within ten feet of a road or parking lot
or within three(3) feet of a walkway.
3 Wildflower seed' b
- All wildflower seeds are to be hand roadcast, (see
31.0�2,A). The seed shall be planted between March 5 and May 31 or
between September I and December I and shall consist of
Lbs. LS/Acre Common Name Botanical Name
3.0 Bush Sunflower Sinsia calva
5.0 Butterfly Weed Asclepias tuberosa
2 Clasping Cane lower* Rudbeckia amplexicaulis
3.0 Golden - Wave Coreopsis basalis
13,.4 Illinois Bun d,leflowe esmanthus i1finoensis
13.6 Partridge Pea Cass iafasciculata
2.0 Prairie Verbena Verbena bipinnat fida
8.,0 Texas Yellow Star Lindheimeri texana
8.0 Winecup Callirho�e involer�ta
2m Black-eyed Susan
d c ta
18.0 Cutleaf Daisy
Engrelmannia
Air Monitoring Site Agreement between the City of Foil Worth
,And Texas Commission on Environmental Quality 42 of 49
pinnatifida
2.0 Obedient Plant
Physostegia
interinedia
3. .ditcher Sage
Salvia azurea
2.0 Plains Cored si s
Coreopsis: tinctoria
8.O Scarlet Sage
Salvia coc,cinea
*These wildflowers are not to be planted within ten `e t of a road or
parking lot or within three feet of a walkway.
4. Temporary erosion control seed
When specified on the plans, temporary control measures shall be
performed. These measures shall consist of the sowing, of cool season.
plant seeds and the work and materials as required in this section.
B. Mulch,
1. Mulch should be designed for use with conventional mechanical or
hydraulic planting of need, either alone or with fertilizer.
2. Mulch should be woad cellulose fiber produced from virgin wood or
recycled paper-by-products waste products from paper mills or recycled
newspaper).
Mulch should contain no growth th car germ
�� �` � nation inhibiting, factors.
4. Mulch should contain no more than ten percent (10%) air' dry
weight basis.
5. Additives shall include a.binder in powder form.
6. Material shall fon-n a strong moisture retaining mat.
C Fertilizer
1. All fertilizer shall be delivered in bags or containers clearly labeled
showing the analysis.
. All fertilizer shall be in acceptable condition for distribution and shall he
applied uniformly over the planted area..
3. Analysis of 16-20-0, l -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 1
pounds of Nitrogen per acre.
Air Monitoring Site Agreement between the City f Fort o
And Texas C" tranissi on on Environmental Quality 43 of 49
C. Where applying ertl izcr on established seeding areas - 150 pounds
of Nitrogen per acre.
D. Erosion Control Measures
1. For seeding application, in areas p to 3:1 slaps, use cellulose, fiber or
recycled paper mulch, (sec 2-01, B. Mulch and 3.03).
2. For seeding n g a icat cry inareas 3:1 slope or greater, use the following soil
retention blanket Follow the manufacturer's directions):
"Curlcx "' from American Excelsior, 900 Ave. H East, past Office Box
5624 Arlington,, Texas 76001, 1-800-777-SOIL
.
2.02 MIXING
Seed
, mulch, fertilizer and water may be mixed provided that:
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 3 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 y objects that may interfere with seeding or maintenance,
B. Tilling
1. In all compacted areas till one inch 0" 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 he furnished by the Contractor as an, ancillary arr cost to the Contract
by the Contractor by means of temporary metering/ Irrigation, water truer or by
any other method necessary to achieve viable, acceptable stand o f tur f as noted In
3.04.13. of this specifca.tio . The water source shall he clean and ftee of industrial
wastes or ether 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 0/2") per week should he applied until such time 1
full growth coverage is achieved and one mowing cycle is perfo cd by the
Contractor and accepted by the Owner.
Watering-, Soil should he watered to a minimum depth of four inches within forty
eight hours of seeding.
Air Monitoting Site Agreement between the City ot.. a Woilh
And Texas Commission on Environmental uality 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. Harrow or rake lightly to cover seed.
3. Never cover seed with more soil than twice its diameter.
4. For wildflower plantings, scalp existing grasses to one (1" inch, remove
grass clippings,, so seed can make contact with the soil.
B. Mechanically Seeding (Drilling):
If mechanically seeding (drilling) the seed or seed mixture, the quantity specified
shall be uniformly distributed over the areas shown on the plans or where
directed. All varieties of seed, as well as fertilizer, may be distributed at the same
time provided that each component is unifon-nly appdied at the specified rate.,
Seed shall be drilled at a depth of'ftom one quarter inch to three eighth inch (1/4"-
3/811) 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 "Cultip�acker" type. All rolling, of slope areas
shall be on the contour.
3.03 MULCHING
A. Apply uniformly after completion of seeding in areas up to 3�:1 slope. Mulch may
be applied concurrently with fertilizer and seed, if desired.
B. Apply at the following rates unless otherwise shown on plans:
1. Sandy soils, flat surfaces - minimun-i 1,500, tbs./acre.
2. Sandy soils, sloping surfaces - minimum 1,800 lbs./acre.
3. Clay soils, flat surfaces - minimum 2,500 lbs./acre.
4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre.
5. "Flat" and "sloping" surfaces will be shown on the plans if not visually.
obvious.
C. Apply within thirty (30) minutes after placement in equipment. Keep mulch.
moist, by daily water application, if necessary.
1. For,approximately twenty-one (2 1) days, or
2. Until seeds have germinated and have rooted in soil, (see, 3.04.B.2.) and
project has been accepted by the City.
3.04 ESTABLISHMENT, MAI I N'TENANCE AND ACCEPTANCE
A. Includes initial seed and / or sod application and establishment,, protection, replanting
as necessary , maintaining, gTades 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 Monitoring Site Agreement between the City of Foil Worth
And Texas Commission on Environmental Quality 4S of 49
B. Initial full coverage turf establishment shall be considered as I O�0% grow in to a
height of
three (Y) inches with one mow cycle performed by the Contractor on all newly
established areas prior to consideration of acceptance by the Owner..
C. Replanting
I 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. Bennuda/Rye grasses.- See 3.04 B
b. Native grass, and wildflowers.- eighty percent (80%) coverage of
growing plants within seeded area within twenty-one days of
seeding date on a smooth bed free of foreign material and rocks or
clods, larger than one inch diameter.
Air Monitoring Site Agrelent between the City of Fort Wofth
And Texas Commission on Environmental Quality 46 of 49
SECTION 02930-TURFSODDING
PART 1-GENERAL
1-01 DESCRIPTION
A. Work Included: s work includes all labor,materials and equipment for soil
preparation,fertilization,planting and other requirements regarding turfgrass sodding
shown on the plans.
o
B. Related Work Specified Elsewhere: Section 023!00,Earthwork.
1.02 REFERENCE STANDARDS
A. For exotic plant materials: American,Joint Conunittee of Horticultural Nomenclature,
Second Edition, 1942.
B. 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 SUBMITTALS
Samples,certificates and specifications of sod,fertilizer,compost, soil amendments or other
materials may be requested by the City.
All delivery receipts and copies of invoices for materials used for this work shall be subject,to
verification by the City.
1.04 PRODUCT DELIVERY,STORAGE AND HANDLING
A. Sod: I-farvesting,and planting operations shall be coordinated with not more than forty
eight hours elapsingbetween the harvesting and planting.
B. Fertilizer
1. Unopened,bags labeled with the,analysis.
ro
2. Conform to""texas Fertilizer Law.
1-05 QUALITY CONTROL
The Developer/Contractor who plants the sod is responsible for supervision of his crew,while
planting the sod and maintaining the sod until the project is accepted by the City.
U �S 0 F)D I IN G
02930
Air Mo1iitoring Site Agreement between the City of Foil Worth 47 of 49
A,id Texas Commission on Envirom-nental Quality
PART 2—PRODUCTS
2.01 SOD
A. The sod shall be Buchloe dactyloides,("Prairie"Buffalograss)and shall consist of stolons
leaf blades,rhizomes and roots with a healthy,virile system of dense,thickly matted roots,
throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive,
healthy and vigorous and shall be free of insects,disease,stones and undesirable foreign
materials and grasses. Sod shall have been,produced on growing beds of clay or clay-leaxn,,,,,,-,,
topsoil. 'The sod shall not be haxvested or planted when its moisture condition is so
excessively wet or dry that its survival will be affected. If sod is stacked,it shall be kept
moist and shall be stacked roots-to-roots and gras s-to,-grass.
B. The sod shall be cut in strips four feet wide to be laid parallel with the contours.
2.02 FERTILI ZER
A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis.
B. All fertilizer shall be in acceptable condition for distribution and shall be applied
u.niformly over the planted area two weeks,after sodding.
C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. The fertilizer
rate shall be 45 pounds of nitrogen per acre.
2.03 WATER
The water shall be fbxnished by the Dev,eloper/'Contractor and shall be clean and free of industrial
wastes or other substances harmful to the gen-nination of the seed or to the growth of the
vegetation. The amount of water will,vwy according to the weather variables. Generally,,the sod
should be soaked one time per day for three weeks or until established. Soaking is mandatory
after spreading,the fertilizer.
2.04 COMPOST
All compost material is to be totally o rganic and decomposed for at lease nine months. All
compost is to be clean and free of fungus,disease,live plants,seed,excessive cotton lint and any
han-riful.chemicals. "New Life Soil,Conditioner"or"Perma.Green Compost"',as specified below
or an approved equal,shall be used. Raw organics are not acceptable,
A. For soil with wi all pH condition: Use"New Life Acid Grog'(acid pfl)soil
conditioner as produced by Soil Building Systems of Dallas,or an a,pproved equal.
B. For soil widi an:...acidic tJ condition: Use Ten-na Grcen Compost" by Texas l"arth
Resources,,inc.,of Dallas,or"New Life Natural Grower"(ph 8.0 to 9.0)by Soil Building
SYstems,Inc.,of Dallas.
C. ple and Specification Stibmittal: SUbmit a prodticer's specification and a quart
stllriplc of the compost proposed for the(:;it 's approval.
TUIRF SODWNG
02930
Air Monitoring Site Agreement between the pity of Fort Worth
And Texas Commission on Environmental Quality 48 of 49
17 low'
pow
PART 3-EXECUTION
3.01 GENERAL
All turfing operations are to be executed across the slope,parallel to finlshed grade contours.
).O2 SOIL PREPAI�ATION
A, Scarify subgrade to a,depth of three inches before depositing the required topsoil.
B. Tillage shall be accompl,ished to,loosen the topsoil,destroy existing vegetation arid
duty disc or a chisel-
prepare an acceptable sod bed,. All,areas shall,be tilled with a heavy
type bre aldng plow,chisels set not more than ten inches apart. Initial tillage shall be done
in a crossing pattern for double coverage,,then followed by a,disc harrow. Depth of
tillage shall be five inches. A heavy duty rototiller,may be used for areas to be planted
with sod.
M* C. Clewiing.- So�il shall be ffirther prepared by the removal of debris,building materials,
A* rubbish,weeds and stones larger than one inch in diameter.
so:
00 D Fine Grading: After tillage and cleaning,all areas to be planted shall be topdres,sed with
so one-half inch compost and then shall be leveled,fine graded,and drug with a weighted
spike harrow or float drag. The required result shall be the elimination of ruts.,
40 depressions,humps and objectionable soil clods. This shall be the final soil Preparation
so step to be completed before planting.
3.03 PLANTING
Prior to laying the sod,the planting bed shall be raked smooth to true grade and moistened to a
depth of four inches,but not to the extent causing puddling,. The sod shall be laid smoothly,
tightly butted edge to edge,and with staggered joints. The sod shalt be pressed f y into the
sod bed,by rolling or by hand tamping with an approved tainper so as to eliminate all air pockets,
provide a true mid even surface,and insure knitting without displacement of the sod or
defon-nation of the surfaces of sodded,areas. Following compaction,compost shall be used to till
all cracks between sods,. Excess compost shall be worked into the grass:with suitable equipment
and shall be well watered. The quantity of compost shall be such that it will cause no smothering
or burning of the grass.
NG
3.(14 HARTILIZI;N
Twentv-one di-tys a_h*er[flariting,turfgrass areas shall receive an application of 3-1-2 fertilizer at
the rate of 45 pot ids of nitrogen per acre. 'Water well after application to prevent burning.
EN[)OF S1.,`(1H0N
t 11'RF SODDI'NNG
02930
3
Air Monitoring Site Agreement between the City of Foil Wonh 49 of 49
And Texas Commission on Environmental Quality
City of Fort Worth, Texas
N I N A 0
r l I Com ulnication
M"A","Em"voWn, /v, �,%eaw',
�_ ,�_'g ay)u_mw
COUNCIL ACTION. Approved on 1/8120113
,a',,o1An' %4700
DATE: Tuesday, January 08,, 2013 REFERENCE NO.: **C-26039
LOG NAME,: 20ROLLING HILLS TCEQ AIR MON�ITO,R
SUiBJE,CT:
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, CommissiI on 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 (Agreemennt), the Texas Commission on Environmental
Quality (TCEQ) will install, maintain, and operate an air monitor�ing station on a portion of Rolling Hills Park
located at 2525 Joe B. Rushing Roadi�, Fort Worth, Texas (Park). The Park contains, the, Rolling Hills, Tree:
Farm, which is home to the Forestry Division of the Parks and Com:mu,nity 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 ultility 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 locals advisory group focused on the expansion of TCEQs air moinitorinig, network in the local area
recommended the Pa�rk for pla�cement of a combination weather station and an Automated Gas
Chroma,tograph 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 wiill be available, in near real time
through the TCEQ website. During instal'l'ation, the TCEQ will work with the City to maintain the park's
aesthetics and cooperate where ploss,ibile on improvements.
An Auto GC MS monitors the ambient air for a suite of chemicals that include any Volatile Organic
Complounds, (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 web�site 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 spe�ed, wind direction,
temperature, etc. This data will benefit the p,u�b,liic, by continually monitoring the ambient air for a suite of'
chemicals as well as metrological conditions,. Data will ass,ist in tree farm maintenance and aid in water
conservation as well as, provide a learning tool for tree farm visitors/volunteers, and serve ins 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: 20ROLLI'N'G HILLS TCEQ AIR MONITOR Page I of 2
41
FISCAL INFORMATION CER IFICATION
'The Financial Management Ser iices Director certifies that this action will have no material affect on the
city s budget,.
FUND CENTERS:
TO, Fund/ ► ,c u nVC enters FROM Faun Acc unVCen ers
CERTIFICATIONS:
Subm fte d for CiN Man,ager's Office Fernando Costa (6 122)
Or'19j'nating Department H:eead�. Douglas W rs g (7801),
Michael tinge (6569)
Ad+dlit"l n l Information Contact: David Cask (5744)
ATTACHMENTS
1. rollin illsMnC. d (Public)
Logna e: 2 ROLLING HILLS TCEQ AIR MONITOR Page of 2