PARKLANDIMPROVEMENT AGREEMENT  BETWEEN THE CITY OF AUSTIN AND CORE FOUNDATION  This Parkland Improvement Agreement (the "Agreement") is entered on October 22, 2010 (the "Effective Date") by and between the CITY OF AUSTIN, a Texas home-rule municipal corporation situated in Hays, Travis and Williamson counties ("City"), and the CORE  FOUNDATION, a' Texas. 501(c)3 non-profit corporation ("Foundation").  WHEREAS, Foundation wishes to solicit contributions, and provide funding to design, build and donate a fishing pier to be located on certain City-owned public parkland adjacent to Waller Beach at Lady Bird Lake, as more particularly described and graphically depicted on the WHEREAS, during construction of the fishing pier a small portion of the City's Hike and Bike Trail, also located adjacent to Lady Bird Lake ("Trail"), will need to be re-routed to permit continued public use of the trail during construction, and such portion is more particularly  attached Exhibit A, and  described and graphically depicted on the attached Exhibit. A; and City wishes to authorize Foundation to construct such extension; and  WHEREAS, Foundation also wishes to extend the Trail, as shown on Exhibit A, and WHEREAS, City agrees to designate a parking spot located near the pier as Handicapped Only, and Foundation shall re-paint the space and re-build an ADA-compliant WHEREAS, Foundation and City agree that the improvements contemplated will allow the City to better serve its citizens and numerous visitors to the park and Lady Bird Lake; and WHEREAS, the pier and the extension of the Trail will meet the standards for compliance with the Americans with Disabilities Act, and will thus advance City's mission of encouraging accessibility for disabled park users and also provide an accessible pier for  footpath from the parking area to the pier, and  therapeutic: activity for Foundation patients; and  WHEREAS, the parties wish to enter into an agreement to authorize Foundation to build WHEREAS, the. Austin City Council has authorized the execution of this Agreement. NOW, THEREFORE, the parties, in consideration of the mutual covenants expressed  the improvements described herein and to specify each party's responsibilities; and  below, agree as follows:  Page 1    ITERM  This term of the Agreement begins on the Effective Date and, unless terminated in accordance with other provisions of this Agreement, continues for a period ending on January 31,  2017 ("Term").  II. DESIGNATION OF REPRESENTATIVES  The City designates the Director of the Parks and Recreation Department ("PARD") as its authorized representative to act on the City's behalf with respect to this Agreement. Foundation designates Eric Makowski, its President, or his successor, to act on Foundation's  behalf with respect to this Agreement.  II. RESPONSIBILITIES OF FOUNDATION  A. 1) Exhibit A; and 2)  Foundation shall raise the funds necessary to complete the work described below, design and construct a fishing pier at the Property, shown on Exhibit A, and related improvements, including the necessary erosion control infrastructure, shown on re-route aj portion of the' Trail, as shown in Exhibit A, during construction of the improvements described in subsection 1 above, sO that public access is not interrupted, and then perform the work needed to restore the' Trail to its prior condition; and complete the painting and purchase and install the signage needed to designate a parking space in the parking area shown on Exhibit A to an ADA-compliant space  which are referred to collectively in this Agreement as the "Project":  3)  reserved for the handicapped, and  4)  Design and construct an extension oft the' Trail, as shown on Exhibit A.  Foundation has researched the costs to complete the Project and informed City that, as of the Effective Date, the full cost of completing the Project is estimated to be between One Hundred Fifty Thousand and No/100 Dollars ($150,000) and Two Hundred Thousand and No/100: Dollars ($200,000). Foundation shall have five years from the Effective Date noted above to raise the funds needed to complete the Project. Once funding is obtained, Foundation agrees to promptly  commence construction. B.  Foundation agrees to place and construct the improvements described in Section  A1, 2 and 4 above according to plans, specifications and construction documents (collectively, the "Design Plan") approved by City prior to the start of construction. Foundation acknowledges that PARD will need to consult with other City departments, including those specializing in the construction of public works and watershed protection, prior to approving the Design Plan. Before or at the time of receipt of the approved building permit for the pier, Foundation shall present to City, for City's review and approval, a proposed construction schedule for construction  and installation ofall improvements ("the "Construction Schedule").  Page 2    Foundation shall obtain from each subcontractor, material man, and supplier a  written, one (1) year warranty acceptable to City for any work performed or materials supplied for the construction of the Project. Upon completion and acceptance oft the pier, Foundation shall assign to the City, without further recourse against Foundation, all warranties that Foundation may have with respect to the Project. The completed Project shall be warranted free of defects  for a minimum of one year from the date the Project is accepted by City.  D.  Foundation agrees to follow all City ordinances and other rules and regulations  and obtain the permits and approvals related to activities and construction of the Project, as well as those of any other governmental entity having. jurisdiction. Foundation shall also comply with the PARD "Construction in Parks Specifications", attached hereto as Exhibit B and incorporated by reference for all purposes. The Parties agree that work on the Property shall not commence until City has received the proof of funding described in Article V., Section B. and PARD has issued a written "Notice to Proceed" for the Project. All construction and installation work shall  meet or exceed City standards.  E.  In order to minimize disruptions to use of the Property or the Trail, Foundation  agrees to diligently prosecute completion of the Project in accordance with the Construction Schedule, and to coordinate all construction activity with designated PARD staff following issuance oft the Notice to Proceed. City acknowledges that Foundation's ability to adhere to the schedule shall be subject to extension for delays caused by inclement weather, acts of God, strikes, shortages in labor or materials, acts of terrorism, and other causes beyond the control of Foundation (collectively, Force Majeure"), and agrees that a delay due to an event of Force shall not allow any liens to be placed against the Property or the Trail by any contractor, subcontractor, employee, agent or assign (collectively, "Contractors") or their vendors.  Majeure shall not be considered a default.  F.  Foundation shall have no right to place liens on the Property or the Trail, and  G. Upon completion of the Project, Foundation shall promptly deliver to the City written notice that the Project has been completed on a form approved by PARD ("Completion Notice-"). Within twenty-one (21) days of receipt of the Completion Notice, the City shall respond to Foundation by either submitting a list of items still requiring completion or by accepting the Project. Acceptance of the Projects shall be evidenced by a letter of acceptance from PARD. Failure to respond to a Completion Notice within the 30-day period shall be  deemed acceptance by the City.  H. contractors. I. J.  Foundation and its agents shall perform this Agreement as independent The provisions of Chapter 7-2 of the Austin City Code, Art in Public. Places, do Foundation shall not discriminate against any Contractors or applicants for  not apply to this Agreement because the City is not funding the project in whole or in part. employment because of race, creed, color, national origin, disability, sex, age, religion, veteran  status or sexual orientation.  IV. RESPONSIBILITIES OF THE CITY  A. The City grants Foundation and its Contractors that are responsible for any construction of the Project, or any related activity, the right to enter the Property and Trail in  Page 3    order to construct the Project and re-route the Trail. This right of entry shall expire automatically upon acceptance of the completed Project by the City. This right of entry relates solely to the Foundation* 's rights related to the design and construction oft the Project. The parties agree that Foundation members and clients shall have the same access and rights to use City-owned public  parkland as the public,  B.  PARD staff shall assist Foundation in coordinating the process to secure City  permits and approvals necessary to complete the Project. Foundation and the Contractors shall coordinate with PARD staff to provide any information in the possession or control of Foundation orofa Contractor that is necessary or willi facilitate applications for permits and approvals. duties in order to protect persons, property or the public interest. If at any time City, in its sole discretion, determines that the work being conducted poses a threat toj persons, parkland, the Lady Bird Lake, or public interest, City may suspend the work or any portion of the work for not more than ninety (90) calendar days by written notice to Foundation stating the threat and City's concern. The Parties shall meet promptly to review the concern and shall work in good faith to resolve the concern or threat as soon as possible. Foundation shall resume the work on the date  C.  The City retains the right to inspect construction and to exercise its rights or  agreed upon by the Parties after the threat has been alleviated.  V. PROJECT COSTS. AND RESPONSIBILITIES  A.  Foundation shall be responsible for all costs of the Project. Any increases in the  actual costs of the Projects, including cost increases, change orders and overruns shall be borne by Foundation. Costs include, but are not limited to, consultant fees, design costs, landscaping costs, labor costs, site restoration and re-vegetation costs, materials costs, engineering costs, Foundation legal fees, utility connection fees, permits, inspection fees, insurance costs and any  other costs incurred in the design and construction of the Project.  B. Prior to beginning the Project, Foundation shall provide to the PARD Director written proof that it has the ability to pay for all costs to be incurred under this Agreement. Such  proof may include an independently certified financial statement.  VI. WARRANTIES  Upon completion and acceptance of the Project, Foundation shall assign to City all  warranties with respect to the Project without further reçourse against Foundation.  VII. MAINTENANCE  Upon açceptance by the City of the Project, the City shall have complete responsibility for maintenance and operation of the fishing pier and any related improvements, including but not limited to responsibility for payment of utility costs associated with watering the Property. The Parties understand and agree that the improvements to be made by Foundation will be located on public park land, and will therefore be owned by City at all times and subject to laws and  regulations applicable to park land.  Page 4    VII. LIABILITY AND INDEMNIFICATION  Foundation shall indemnify and hold harmless, and shall require its Contractors that design or construct the Project, to indemnify and hold harmless, the City, its employees and agents against any claims, causes of action, personal injuries, or damages, including but not limited to, reasonable attorneys' fees from or in connection with the negligent acts or omissions of Foundation, its agents, employees, or Contractors in the execution of its obligations under this  Agreement.  IX. INSURANCE  A.  Foundation shall require its Contractors to procure and maintain ini full force and  effect for the duration of this Agreement insurance coverages in accordance with the  requirements as set forth in Exhibit C.  B.  Foundation shall also require performance bonds and payments bonds from each  Contractor in the full amount oft the Contractor's contract sum, and shall provide evidence ofs such  bonds to City upon request.  C.  Foundation, at its sole expense, shall () comply with all laws, statutes, orders,  ordinances, rules and regulations of federal, state, county and municipal authorities having jurisdiction over the property upon which the Project relating to the Project or which are the direct result of the Project; (ii) comply with any direction, order or citation made pursuant to. law by any public officer requiring abatement of any nuisance or which imposes upon either of the Parties any duty or obligation arising from Foundation's particular manner ofc occupancy or use of the park land or required by reason of a breach of any of Foundation's obligations under this Article IX, Section C or by or through other fault of Foundation; (iii) comply with all insurance requirements set forth herein; (iv) without limiting the obligations of Foundation under clause () above, comply with all laws, orders, ordinances, rules and regulations governing ("Environment Laws"), and all procedures and rules established by the City for, the use, abatement, removal, storage, disposal or transport of any substances, chemicals or materials declared to be, or regulated as, hazardous or toxic under any applicable Environmental Laws ("Hazardous Substances") and any required or permitted alteration, repair, maintenance, restoration, removal or other work in or about the park land that involves or affects any Hazardous Substances, and (v) except in compliance with all applicable Environmental Laws, not store, use, release, produce, process or dispose in, on or about the park land, or transport to or from the park land, any Hazardous Substances. Foundation agrees to. indemnify and hold the City harmless from any loss, cost, claim or expense which the City incurs or suffers by reason of Foundation's failure to comply with its obligations under this Article IX, Section C. The obligations referenced in this section will survive the expiration of the term or the early termination of the Agreement.  X. TERMINATION  A. If any parly fails to properly fulfill its obligations under this Agreement in a timely manner, or if any party violates any of the provisions of this Agreement, the non-breaching party shall notify the other party in writing of the specific violations of the Agreement. The breaching party shall have thirty (30) days from receipt of this notice in which to cure any such violations. If the violation cannot be reasonably cured within said 30-day period, and the breaching party has diligently pursued such remedy as shall be necessary to cure violation, then the parties may agree in writing to an extension of the period in which the violation must be  cured.  Page 5    B.  If the breaching party has not cured any such violation as specified in the written  notice within the time period to cure, the non-breaching party, at its sole option, shall have the right to terminate this Agreement. This termination shall be made by sending a written notice ("Notice of Termination") to the breaching party. This Notice of Termination shall be effective for all purposes three calendar days after deposit in the U.S. Mail, postage prepaid and mailed Certified Mail, Return Receipt Requested or, ifs sent by confirmed facsimile, on the date shown on  the confirmation sheet.  C. If Foundation defaults under this Agreement, upon depositing the Notice of Termination with the U.S. Mail or sending a confirmed facsimile as specified above, the City may assume control of the Project and control and possession of any Foundation contract documents or any contract rights related to the Project. Foundation agrees to fully cooperate in the transfer  of such control.  D. If Foundation has not begun construction of the fishing pier by July 1, 2016, due to funding issues or any other reason, either Party may terminate this Agreement without further obligation by providing at least thirty (30) days written notice to the other Party.  XI. CONDITION OF PREMISES; DISCLAIMER OF WARRANTIES Except as otherwise expressly provided in this Agreement, Foundation agrees to accept the park land and construction site in "as is" conditions and agrees that the City shall have no obligation to alter the property, including the Trail, in any way. Except as expressly set forth or called for in this Agreement, neither the City nor any agent, employee, or representative of the City, makes or has made any warranties or representations of any kind or character, expressed or implied, with respect to the physical condition of the property or construction site or its fitness or  suitability for any particular use.  XII. MISCELLANEOUS PROVISIONS  A. This Agreement constitutes the entire agreement between the parties. Any previous agreement, assertion, statement, underslanding, or other commitment before the date of this contract, whether written or oral, shall have no force or effect. No agreement, assertion, statement, understanding, or other commitment during the term of this Agreement, or after the term of this Agreement, shall have any legal force or effect unless properly executed in writing by the State of Texas, and venue for any lawsuit concerning this Agreement shall be brought in the  the parties. B.  This Agreement is made, and shall be construed and interpreted under the laws of  City of Austin, Travis County, Texas.  :.  Regardless of the actual drafter of this Agreement, this Agreement shall, in the  event of any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for or against any party. All official communications and notices required to be made under this Agreement shall be deemed made if sent postage prepaid to the parties at  the addresses listed below:  Page 6    Iftot the City: Sara Hensley, Director (or her successor) Parks and Recreation Department City of Austin P.O. Box 1088 Austin, Texas 78767 Facsimile: 512-974-6703 Copy to: City of Austin 301 West Second Street, Third Floor Austin, Texas 78701 Iftol Foundation: CORE. Foundation Attn: Eric Makowski, President (or his successor) 400 Old Hwy 290 Dripping Springs, Texas 78620 Farsimie-512-858-4627 representatives to this Agreement.  Bert Lumbreras, Assistant City Manager (or his successor)  D. The City and Foundation, respectively, bind themselves, assigns and legal  XITI. SEVERABILITY  If the final judgment of a court of competent jurisdiction invalidates any part of this Agreement, then the remaining parts of this Agreement shall remain in full force and effect.  XIV. WAIVER  Ifat any time the City, its successors or assigns, fails to enforce this Agreement, whether or not any violations of it are known, such failure shall not constitute a continuing waiver or  estoppel of the right to enforce it.  XV.NO RECOURSE  No reçourse shall be had against any elected official, director, officer, attorney, agent, or employee of either Party, whether in office on the Effective Date of this Agreement or after such  date, for any claim based upon this Agreement.  XVI. NO. ASSIGNMENT/ NO THIRD PARTY BENEFICIARIES A Party to this Agreement may not assign or transfer its interests under this Agreement without the prior written authorization of the other party. The Parties agree that the provisions of this Agreement are intended to benefit only City and Foundation and that nothing in this Agreement shall be interpreted to grant any rights to any other person or entity, and that there are  no third party beneficiaries.  Page 7    XVII. AUTHORITY TO EXECUTE  Each Party warrants and represents to the other that the person signing this Agreement on its behalf is authorized to do sO, that it has taken all action necessary to approve this Agreement, and that this Agreement is a lawful and binding obligation of the Party, except as may be limited by applicable bankruptcy, insolvency, or similar laws affecting creditors rights, or with respect to City, governmental immunity under the Constitution and laws of the State of Texas.  XVIII. AMENDMENT IN WRITING  This Agreement may be modified only by a writing properly executed by each of Party, following approval by Austin City Council. Neither any representation or promise made after the execution of this Agreement, nor any modification or amendment of this Agreement, shall be binding on the Parties unless made in writing and properly executed by each Party. Provided any amendment, change or extension does not increase the Agreement amount in excess of the then current administrative authority of the City Manager and the form of amendment is approved by the City Law Department, the City Manager or the City Manager's designee is authorized to execute any amendment to the Agreement on behalf of the City without further authorization by  the City Council.  SIGNATURE PAGE TOFOLLOWI  Page 8    EXECUTED. ANDI EFFECTIVE the date first above stated.  CITY OF AUSTIN, a Home Rule Municipal Corporation  By:  Printed Name: Sara Hensley Date: October  2010  Title: Director, Parks and Recreation Department Executed and effective the date first above stated.  CORE FOUNDATION By: Printed Name: Eric Makowski Title: President Date:  EXHIBITS  Exhibit. A- Site Plan, Pier Plan and Map Exhibit B-Construction in Parks Specifications Exhibit C Insurance Requirements  Page 9    EXHIBIT. A TO  PARKLAND IMPROVEMENT AGREEMENT BETWEEN THE CITY OF AUSTIN. AND CORE. FOUNDATION  SeeAttached/    EXHIBITB TO  PARKLAND IMPROVEMENT AGREEMENT BETWEEN THE CITY OF AUSTIN. AND CORE. FOUNDATION CONSTRUCTIONINPARKSSPECIFICATIONS  |SeeAttached)    EXHIBLT B  Environmental Criteria Manual  SECTION 5- CONSTRUCTONINPAEKS  SECTION 5- CONSTRUCTION IN PARKS  5.1.0 GENERAL  The information in this section is intended to define the technical design criteria needed for construction Although parkland construction is generally achieved through contractual agreement, this section provides guidelines that coordinate the special requirements for park construction with the general development requirements oft the Land Development Code and the' Technical Manual Series. Appeals concerning the enforcement of these rules shall be brought to the Director oft the Parks and Construction activities that disrupt the environment are an: inevitable part oft the growth and maintenance ofa city and as a city develops, the open areas of parks, creeks and greenbelts become more attractive as routes for underground utilities. This ist the case in Austin where the many creeks and greenbelts, under the control oft the Parks and Recreation Department, have and will continue to provide a conyenient route. In many cases, such installation of underground utility lines, causes only temporary disruption and the environment eventually returns by natural means toi its original state. The length oft time required for recovery oft the original vegetation may be great, however, depending on the proximity of seed sources and the suitability ofsoil conditions for plant establishment and growth. The purpose oft these guidelines is to reduce and control the construction impact upon the City's park areas and to speed the recovery of natural vegetation. This can be done by minimizing the initial environmental impact of construction, Construction impact can be minimized by selecting the least destructive route that is feasible within the constraints oft the budget. It also involves the avoidance ofunnecessary impacts during the course of construction, such as the excessive destruction of vegetation and the loss ofs soil through uncontrolled Restoration of soils involves restoring the original contours ofthe land and ensuring that soil physical conditions are suitable for plant growth. Soils of construction sites have generally been compacted by heavy machinery and topsoil has been lost or at least diluted by subsoils. These and other conditions  onj parkland owned by the City of Austin,  Recreation Department.  restoring suitable soil conditions and introducing appropriate plant species.  erosion,  must usually bei improved before vegetation can be established.  5.2.0 ADVANTAGES OF RESTORATION AND  REVEGETATION  Restoring natural vegetation in disturbed areas has practical advantages as well as ecological and aesthetic ones. On the practical side, natural vegetation provides low: maintenance landscaping while also helping to minimize precipitation runoff and the consequent problems ofs soil erosion, siltation and flooding. Ecological and aesthetic advantages stem from the fact that natural vegetation is diverse in terms of species composition and growth forms. This diversity results not only in a more interesting landscape, but also one that provides suitable living space for native wildlife in an increasingly    urbanized arca.  Aj particular advantage oft restoring natural vegetation in Austin is that ofh helping to conserve the city's unique flora. These guidelines should be used in conjunction with thel Revegetation Criteria found in The objective oft the revegetation criteria is to provide information on the processes involved in planning The procedures for route selection, reconnaissance survey and preconstruction inventory should be followed. The information compiled should be presented as an environmental report and used in conjunction with the Parks and Recreation Department: in selccting ai route and for restoration and The initial environmental impact of construction can be minimized by proper planning. Effective and efficient restoration of the site upon completion of construction also calls for planning. Ecologically or aesthetically valuable areas can often be avoided with little or no. increase in construction costs. The resulting environmental savings is doubled by the fact that restoration of topography and vegetation is consequently less complex and less expensive. Once ai final project alignment is selected, further savings arej possible by planning resource salvaging efforts, erosion control  Section 1.4.0 oft this manual.  the restoration ofi natural vegetation in disturbed areas.  revegetation.  and restoration of topography and vegetation. 5.3.0 ROUTE SELECTION  A reconnaissance survey is necessary in order to select the least expensive alignment oft the construction right-of-way corridor. Included in the expense estimate is the cost oft restoring the pre-existing vegetation following construction, as well as the cost oft the construction itself. In most cases, the cost of restoration will bei insignificant compared to the expense ofmoving the alignment to avoid vegetation, but not always. Ifp planning is done well in advance, it is probable that an alignment can be achieved which will not be significantly more expensive, but will be considerably less destructive than some other Using information obtained during the reconnaissance surveys, select thel least destructive route through the area. In comparing the costs of various alternatives, the costs of restoration should be considered. For example, it may be less expensive to realign aj potential construction corridor to avoid important vegetational or topographic features than to restore the features later. Rare plant populations must be avoided at all costs. Transplanting the rare species elsewhere is no solution, since habitats suitable for After the final alignment is selected, an inventory of the resources in and neart the construction easement should be conducted. This is necessary in order to plan restoration efforts and to minimize the  alignment that is made without reference to the vegetation.  rare species are frequently protected.  immediate environmental impact of the project.  The simplest, most effective model for restoring vegetation ist the original vegetation. Ifthis is described prior to construction there will be fewer decisions to make concerning what species and densities to restore. Ifthe original vegetation is weedy, however, it would be advisable to restore a more desirable  community. 5.3.1 Tree Survey    When suitable alignment has been decided, a detailed tree survey oft the construction and access easements is required. The survey is to include those trees adjacent to the easement whose driplines The survey is to show all Class 2 or Class 31 trees whose diameter is larger than four (4) inches and all Class 1 trees, regardless of size. Particular attention should be paid toi identifying Class 1 trees with a  come within the easement.  view to transplanting. (See AppendixF) The survey is to show:  The location oft the tree.  The diameter ofi the trunk at 4% feet above natural grade. The approximate crown size oft the large trees. The species and/or common name oft thet tree.  Trees to be removed should bei indicated and the locations approved by the Parks and Recreation Department. All trees that are to be retained are to be protected with tree protection fences (see Appendix K). These tree protection fences are to be shown on the construction drawings.  5.3.2 Tree Evaluation  A tree evaluation is required to establish ai relative value oft the trees that will be removed or impacted by These evaluations will provide the basis for replacement of those trees removed or to assign a monetary The tree evaluation system is shown in detail in Section 3. Trees tol be removed will be carried out in  the construction works (see Section 3.5.1).  value to them.  accordance with the methods shown in Section 5.4.6, Site Clearing.  5.3.3 Disturbed Natural Areas  Natural areas within the Parks and Recreation Department's jurisdiction are greenbelts, wilderness parks Any areas that are disturbed within these natural parkland areas will require restoration as detailed in  and nature preserves.  Appendix L, to ensure that their character as natural areas are. maintained.  5.4.0 CONSTRUCTION  5.4.1 General  The Texas Parks and Wildlife Code, Chapter 26, prohibits any construction activity on public land designated for park and recreation use unless an easement has first been granted by the City Council.  This easement process is described below in Section 5.4.4.    All construction activity on lands under thej jurisdiction of the Parks and Recreation Department shall Ifnot covered by these guidelines all construction activity shall, with the approval of the Parks and Recreation Department, be in accordance with the City of Austin Standard Specifications. Particular attention is drawn to the following paragraphs oft the "General Conditions of Agreement Bidding and Contract Requirements," in Section 00140 of City of Austin Standard Specifications particularly 3.14 "Laws and Ordinances", and 10.10 "Safcty of Persons and Property".  conform to the requirements oft these guidelines.  5.4.2 Laws and Ordinances  The contractor shall at all times observe and comply with all federal, state and local laws, ordinances, codes and regulations which in any manner affect the contract or the work and shall indemnify and save harmless the owner and engineer/architect: against any claim arising from the violation of any such laws, ordinances and regulations whether by the contractor orl his employees. Ift the contractor observes that the project is at variance therewith, he shall promptly notify the engineer/architect in writing, and any necessary changes shall be prepared as provided in writing, and any necessary changes shall be prepared as provided in the contract for changes in the work. Ifthe contractor performs any work knowing it to be contrary to such laws, ordinançes, rules and regulations and without such notice to the engineer/architect, he shall bear all costs arising therefrom. The ordinances and regulations oft the City shall be controlling and shall be considered as part oft this contract to the: same effect as though Maintaining clean water, air and earth or improving thereon shall be: regarded as of prime importance. The contractor shall plan and execute his operations in compliance with applicable federal, state and local laws and regulations concerning the control and abatement of water pollution and the prevention Care shall be exercised to preserve the natural landscape within the project site and shall conduct his construction operations so as toj prevent any unnecessary destruction, scarring or defacing oft the natural surroundings int the vicinity of the work. Except where clearing is required forj permanent construction, trees and vegetation shall bej preserved and protected: from damage which may be caused by equipment and construction operations. Where unnecessary destruction or damage occurs as a result oft the contractor's operations to trees, replacement or correction shall be made at the contractor's expense as directed by the engineer/archtect. Prevention ofnoise pollution shalll be ai responsibility oft the contractor. Garbage, trash and material debris shall be picked up daily and deposited in a suitable receptacle provided and maintained by the contractor. Measures shall also be implemented toj prevent  embodied herein.  and control of air pollution.  the escape ofi mud and excess concrete. 5.4.3 Safety of Persons and Property  All reasonable precautions for the safety of and shall provide all reasonable protection to prevent 1. All employees on the work and all other persons who may be affected thereby;  damage, injury or loss to:  2. All the work and all materials and equipment to bei incorporated therein, whether in storage or off the site, under the care, custody or control oft the contractor or any ofH his subcontractors or sub-  subcontractors; and    3. Other property att the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designed for removal, relocation or replacement in the The contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority havingj jurisdiction for the safety of! persons or property or to protect them from damage, injury or loss. He shall crect and maintain, as required by existing conditions andj progress of the work, all reasonable safeguards for safety andj protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent When the use or storage ofe explosives or other hazardous materials or equipment is necessary for the execution oft the work, the contractor shall exercise the utmost care and shall carry on such activities All blasting, including methods ofs storing and handling explosives and highly flammable materials, shall  course of construction.  utilitics.  under the supervision of properly qualified personnel. conform to. federal, state and local laws and Ordinances.  5.4.4 Easements  For information and procedures for obtaining easements through City of Austin Parkland seet the  Administrative Criteria Manual. 5.4.5 Access and Security  All permanent easements, temporary construction easements, access roads, work areas and materials storage sites should be: shown on the construction drawings in locations agreed and approved by the Parks and Recreation Department. All construction shall be confined to the marked easements. No material, equipment, plant, vehicle parking or storage shall occur outside this easement or within the dripline oftrees retained in or adjacent to the easement. The contractor will bet responsible for all damages to work areas, storage sites and access roads which are ai result ofhis use or negligence in protection and for all damage that is caused by the contractor working outside oft these areas. Spillage or discharge of oil or other toxic fluids shall be contained and removed from the site. Prior to bringing major construction equipment into unpaved areas, the contractor shall outline the limits oft the construction and access easements which will be disturbed, with a barrier in accordance with City Ift the construction works are carried out in a park location where the public has access, an eight (8) foot high chain link security fence is tol be provided around the immediate area of construction operations, all work areas and storage sites. This fence is to be secured to prevent unauthorized entry at all times when The contractor shall exercise utmost care in preventing damage to trees and other items in the Parks and Recreation Department area. Any damaged item shall bei repaired or replaced, at no expense to the City, All workers should be informed oft the special efforts to salvage and restore the vegetation and they  standards.  contractors personnel are not at the site.  toacondition equal to or better than their condition before construction,  should be ençouraged to prevent unnecessary damage.    5.4.6 Site Clearing/Erosion Control  Toj prevent erosion, clearing of easements and access routes will only be carried out for a distance of 1,000: feet in advance of construction or seven (7) days prior to construction being at that location. Trees that are to be removed shall be taken down in a manner which will not impact any of the adjacent All trees will have crown and limbs removed before being felled and depending upon the density of The City may require that limbs and underbrush be chipped/shredded and retained on site to be spread as The boundary oft the access route and working easement clearing shall be marked with al barrier described above. The boundary shall be reviewed with the Parks and Recreation Department prior to Salvaging and placing existing topsoil shall bei in accordance with City of Austin Standard  trees tol be retained.  vegetation the trunk shall be felled before the stump is removed.  ai mulch after construction has finished.  marking. No clearing operations will be allowed in an unmarked arca.  Specifications, Item No. 601.  Spoil shall not be placed within the drip line oftrees. Inl locations where the line runs along the creek bank, care ist taken toj prevent excavatedi material from spilling into or blocking the creek. At the end of the work day, all spoil shall be cleaned up, ditches backfilled and excess spoil removed from the job site.  5.4.7 Temporary Erosion Control  Temporary erosion controls during the construction period shall be carried out in accordance with the  measures contained in Section 1.4.0 of this manual. 5.4.8 Construction in Creeks  Every effort shall be made to keep the zone ofimmediate construction free ofs surface water. For construction in the creek channel, a pipe of adequate size to divert normal stream flow shall be provided around the construction area. Diversion may be by pumping or gravity flow using temporary dams.  A. Discharge of Pumped Water.  Where water must be pumped from the construction zone, discharges shall be in a manner that will not cause scouring or erosion. All discharges shall be on the upstream or upslope side of emplaced erosion control structures. If discharges are necessary in easily erodible areas, as stabilized, energy- dissipating discharge apron shall be constructed of riprap with minimum stone diameter ofs six (6) inches and minimum depth of 12i inches. Size oft the apron in linear dimensions shall be approximately ten (10) times the diameter of the discharge pipe. Discharges into creeks or major drainages should be as  identified by the site development permit. B. In-Channel Erosion and Siltation Controls.  The contractor will be responsible for controlling erosion and sedimentation in the construction zone. When leaving the job site: for more than 121 hours, the contractor shall remove loose excavated materials    from the creek channel, except all excavated trench sections shall be backfilled when the contractor  leaves for the weckend. Creek Banks.  Creek banks shall be restored wherever they have been disturbed during the construction process. The contractor shall be responsible for the costs of repair and restoration for all damage to the creek banks, whether caused by personnel or equipment. Stone riprap or gabions shall be used to stabilize cut banks where line enters and exits channel or as otherwise approved by Parks and Recreation  Department.  D. Excavation in Creek Channel.  Material excavated from the trench in the creek channel shall not be deposited on the channel banks. Excavation shall be hauled out of the channel or used in backfill of open trench. No. loose excavated  material shall be left ini the channel at the end ofa work day.  E. Trench Cap in Creek Channel,  The contractor shall cap the trench in the creek channel with two (2) square feet or largerjob excavated rock material or similar. This cap shall extend ai minimum of3 30 inches from the top ofthe  trench.  5.4.9 Site Cleanup  Upon completion of the work and before restoration and revegetation, the contractor shall clean and remove from the site ofthe work, all surplus and discarded materials, temporary structures and debris of every kind. He shalll leave the site oft the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site oft the work. shall be disposed ofin Int the event the contractor fails or refuses to clean up and remove surplus materials and debris as above provided, the City may do sO or cause same to be done, at1 the contractor's expense and the reasonable  ap permitted disposal area.  cost thereofs shall be deducted from the final payment. 5.4.10 Gsoralo/kevegetaton  The Parks and Recreation Department will provide detailed planting requirements for revegetation of all disturbed areas. These requirements will consider and be based upon the submitted Environmental Report, the Tree. Evaluation Survey and Restoration of Disturbed Natural Areas, Appendix L. The revegetation shall be carried outi in accordance with the City of Austin Standard Specifications. This Code of Ordinances: and/ora any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents fori informational purposes only. These documents should not ber relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination oft thep posted documents varies from thet formatting and pagination oft the official copy. The official printed copy ofa Code of Ordinances should be consulted prior to: any action Forf further information regarding the official version of any oft this Code of Ordinances or other documents posted ont this site, please contact  Disclaimer: beingt taken,  thel Municipality directly or contact. American Legal Publishing toll-free at 800-445-5588.  02008 American Legal Publishing Corporation lechsupon@amealcom    1.800.445.5586.    EXHIBITC TO  PARKLAND IMPROVEMENT AGREEMENT BETWEEN THE CITY OF. AUSTIN. AND CORE FOUNDATION  Insurance Requirements  (1) Commercial General Liability Insurance with a minimum bodily injury and property damage per occurrence limit of $500,000 for coverage's A & B. The policy shall  contain the following provisions:  (a) Blanket contractual liability coverage for liability assumed under this contract (b) Completed Operationsy/Products Liability for the duration of the Warranty (c) Explosion, Collapse, and Underground (X,C,& U) coverage. (e) City of Austin listed as an additional insured, endorsement CG 2010. (f) 30 day notice of cancellation in favor of the City of Austin, endorsement CG (g) Waiver of Transfer Right of Recovery Against Others ini favor of the City of  and all contracts relative to this project.  period.  (d) Independent Contractors coverage.  0205.  Austin, endorsement CG 2404.  (2) Business Automobile Liability Insurance for all owned, non-owned and hired vehicles with a minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least $100,000 property damage liability per accident. The policy shall contain the following endorsements in favor of the  City of Austin:  (a) Waiver of Subrogation endorsement TE: 2046A (b) 30 day Notice of Cancellation endorsement TE 0202A (c) Additional Insured endorsement TE 9901B  Contractor and all subcontractors providing services at the park shall carry insurance in the types and amounts indicated below for the duration of their Contract, which shall include items owned by the City in the care, custody and control oft the Contractor prior  to and during the construction and warranty period: Specific Requirements for Contractors and Subcontractors  (1) Workers' Compensation and Employers' Liability Insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Section 401) and minimum policy limits for employers liability of $100,000 bodily injury each accident, $500,000 bodily injury by disease policy limit and $100,000 bodily  injury by disease each employee.    The Contractor's policy shall apply to the State of Texas and include these endorsements  ini favor of the City of Austin:  (a) Waiver of Subrogation, form WC 420304 (b) 30 day Notice of Cancellation, form WC 420601.  (2) Commercial General Liability Insurance with a minimum bodily injury and property damage per occurrence limit of $500,000 for coverage's A &B. The policy shall  contain the following provisions:  (a) Blanket contractual liability coverage for liability assumed under this contract (b) Completed Operations/Products Liability for the duration of the Warranty (c) Explosion, Collapse, and Underground (X, G,&U)coverage. (e) City of Austin listed as an additional insured, endorsement CG 2010. (f)3 30 day notice of cancellation in favor of the City of Austin, endorsement CG (g) Waiver of Transfer Right of Recovery Against Others ini favor of the City of  and all contracts relative to this project.  period.  (d) Independent Contractors coverage.  0205.  Austin, endorsement CG 2404.  (3) Business Automobile Liability Insurance for all owned, non-owned and hired vehicles with a minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least $100,000 property damage liability per accident. The policy shall contain the following endorsements in favor of the  City of Austin:  (a) Waiver of Subrogation endorsement TE: 2046A (b) 30 day Notice of Cancellation endorsement TE 0202A (c) Additional Insured endorsement TE 9901B  (4) Builders' Risk or Installation Insurance shall be provided for building or renovation projects, Contractor shall maintain on an all risk physical loss form in the amount oft the contract price for such improvements. Coverage shall continue until the project is accepted by the City. The City of Austin shall be al loss payee on the policy. For contracts requiring the use of an architect, engineer or consultant, the  following insurance requirement is added to those shown above:  (5) Professional Liability Insurance For Work, which requires professional architectural, engineering, or surveying services, to meet the requirements of the Contract, Design Consultant and their Subcontractors, who are responsible for performing the professional services shall provide Professional Liability Insurance with a minimum limit of $250,000 per claim and in the aggregate toj pay on behalf of the assured all sums which the assured shall become legally obligated to pay as damages by reason of any negligent act, error, or omission committed with respect to all professional services    provided in due course of the Work of this Contract or alleged to have been committed with respect to plans, maps, drawings, analyses, reports, surveys, change orders, designs ors specifications prepared or alleged to have been prepared by the Design Consultant and their Subcontractors. The policy shall provide for 30 day notice of cancellation in favor  of the City of Austin. General Requirements  Contractor must complete and forward a certificate ofi insurance to the City before the Contract is executed. The Contractor shall not commence work until he/she has obtained the required insurance and until such insurance has been reviewed by the City's Project Manager and Contract Administration Office. Approval of insurance by the City  shall not relieve or decrease the liability oft the Contractor hereunder.  Contractors insurance coverage is to be written by companies licensed to do business in the State ofTexas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. Contractor must submit certificates ofinsurance for all Subcontractors to the City prior to them commencing work on the project. Subcontractors' insurance shall be written by companies licensed to do business in the State of Texas and with A.M. Best  ratings of B+VII or better.  All endorsements naming the City of Austin such as additional insured, waivers, and notices of cancellation endorsements as well as the attached certificate shall indicate: City of Austin, Parks and Recreation Department, P.O. Box 1088, Austin, Texas 78767-  8828.  The "other" insurance clause shall not apply to the City where the City of Austin is an additional insured shown on any policy. It is intended that policies required ini the Contract, covering both the City and the Contractor, shall be considered primary  coverage as applicable.  Ifinsurance policies are not written for amounts specified above, Contractor shall carry Umbrella or. Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form oft the primary coverage. The City shall be entitled, upon request and without expense, to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies.  The City reserves the right to review the insurance requirements set forth during the effective period of this Parkland Improvement Agreement and to make reasonable    adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the  Contractor.  The Contractor shall not cause any insurance to be canceled nor permit any insurance tol lapse during the term of the Contract or as required in the Contract. The Contractor shall be responsible for premiums, deductibles and self-insured retention's, ifa any, stated inj policies. All deductibles or self-insured retention's: shall be  disclosed on the certificate of insurance attached.  The Contractor shall provide the City thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage'sir indicated  within the Contract.  IfCity owned property is being transported or stored off-site by the Contractor, the appropriate property policy will be endorsed for transit and storage in an amount  sufficient toj protect the City's property.  The insurance coverage'si required under this contract are required minimums and  are not intended to limit the responsibility or liability of the Contractor.