HomeMy WebLinkAboutContract 57246 CSC No.57246
TEMPORARY LICENSE AGREEMENT
This Temporary License Agreement ("Agreement") is entered into by and between the City of
Fort Worth,Texas,a home-rule municipal corporation of the State of Texas("City"),and The Rios Group,
Inc.,a Texas corporation,acting by and through its duly authorized representative("Company").
WHEREAS,the City owns certain pieces of property known as Cobb Park, Ellis Park, and Carter
Park located at 1600 Cobb Park Drive West, Fort Worth, TX 76104, 3400 South Riverside Drive, Fort
Worth 76119 and 4351 Carter Park Dr., Fort Worth 76115 (the"Parks"), respectively; and
WHEREAS, The Company desires to gain access through and over the Parks for the purpose of
performing visual site investigations and vacuum excavations to locate existing utilities running through
the Parks; and
WHEREAS, Company has represented to the City that there is no feasible alternative location in
which to locate the existing utilities; and
WHEREAS,the City has reviewed the Company's request and agrees to grant the Company access
through the Parks in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the covenants and agreement contained herein, City
and Company agree as follows:
1. License Granted. City hereby grants to the Company a non-exclusive license to use a portion of
the Park as set forth in more detail in Exhibit A, which is attached hereto and incorporated herein
for reference,and as agreed to by the parties in Section 4 ("Licensed Premises").
2. License Fee. Prior to the start of the License Period,Company shall pay TEN Dollars and No Cents
($ 10.00)("License Fee")to the City for the rights and privileges granted herein. The License Fee
shall due and payable, without demand or offset, in legal tender of the United States at the Park &
Recreation Department("Department"),Attn:S WR Accounts Payable,4200 South Freeway, Suite
2200, Fort Worth,Texas 76115 or such other place in Tarrant County,Texas as the Director of the
Department or that person's designee ("Director") may hereafter notify Licensee (in writing and
with reasonable advanced notice).
3. Term.The term of this Agreement shall be one hundred and twenty(120)days,commencing upon
execution of this Agreement.
4. Use of the Licensed Premises.
a. Company may use the Licensed Premises for the purpose of performing vacuum
excavations as shown on the attached Exhibit A. The Licensed Premises shall be used for
no other purposes.
OFFICIAL RECORD
CITY SECRETARY
Temporary License Agreement:RIOS—Cobb,Ellis&Carter Parks FT.WORTH, TX
March 2022
b. Prior to the commencement of the Term, Company shall outline the boundaries of the
Licensed Premises with flagging and orange mesh fencing to the satisfaction of the
Director,or his designee.
c. Prior to the commencement of the Term, Company shall use its best efforts to locate and
physically mark all utilities(including, but not limited to, electric lines, waterlines, sewer
lines, storm drains and lines, and gas lines) within the Licensed Premises, which shall
include, but not be limited to, conducting a dig test. With regard to all known water and
electric utilities, the Director will work with Company to locate and physically mark all
such utilities within the Licensed Premises. If Company encounters any utility
infrastructure (including, but not limited to, electric lines, waterlines, sewer lines, storm
drains and lines, or gas lines) in the course of or in connection with Company's use of the
Licensed Premises,the Company shall provide protection of the utilities to the satisfaction
of the Director, with such protective measures to be approved by the Director prior the
application thereof.
d. The Company shall not washout equipment and or concrete, fill up equipment with gas or
other oils and hydraulics as to create potential spill hazards within the Park. If this is not
adhered to,the agreement can be immediately terminated and additional fines penalties or
fines may occur.
5. Termination. The City may terminate this Agreement, without cause, upon five (5) days written
notice to the Company or immediately upon a breach of this Agreement by the Company.
6. Use not Exclusive. This Agreement and all rights granted to Company herein are strictly non-
exclusive. The City reserves the right to enter into and grant other and future licenses, leases,and
other authorizations for use of the Park to other persons and entities as the City deems appropriate
in accordance with applicable law; provided, however, that in granting subsequent authorization
for use, the City will not allow a use that will unreasonably interfere with the Company's use of
the Park as provided herein. This Agreement does not establish any priority for the use of the Park
by Company or by any present or future licensees or other permit holders. In the event of any
dispute as to the priority of use of the Park, the first priority shall be to the public generally, the
second priority to the City in the performance of its various functions, and thereafter, as between
licensees and other permit holders,as determined by the City in the exercise of its powers,including
the police power and other powers reserved to and conferred on it by the State of Texas.
7. Liability. Company covenants and agrees to release City, its officers, agents, representatives,
servants,and employees,from and against any and all claims or suits for property damage,personal
injury, or any other type of loss or adverse consequence related in any way to the existence of this
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Agreement or the use and occupancy of the Licensed Premises and the Park. Furthermore, City
shall not be liable to Company for any damage or theft of Company's equipment,facilities,or other
contents.
8. Restoration of the Park. Company agrees that Company shall repair and restore: (1)the Licensed
Premises; and(2)any City property Company damages, to the same condition or better condition
than the Licensed Premises or City property was in immediately prior to the execution of this
Agreement as determined by the Director. All such restoration must be conducted in accordance
with the standards in Exhibit C, which is incorporated herein by reference. If Company fails to
complete all repairs and restoration to the Licensed Premises and any other City property prior to
the expiration of the Term, City may, in its discretion, perform all such repairs and restoration on
behalf of the Company. In this event,Company will reimburse the City for the costs of such repairs
and restoration,and such reimbursement will be due immediately upon written request of the City.
9. INDEMNIFICATION. COMPANY AGREES TO AND DOES HEREBY DEFEND,
INDEMNIFY AND HOLD HARMLESS THE CITY, AND ITS OFFICERS, AGENTS,
REPRESENTATIVES, AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS,
AND PERSONAL INJURY,INCLUDING,BUT NOT LIMITED TO,DEATH,THAT MAY
RELATE TO,ARISE OUT OF OR BE OCCASIONED BY(i) COMPANY'S USE OF THE
LICENSED PREMISES AND THE PARK, (ii) COMPANY'S BREACH OF ANY OF THE
TERMS OR PROVISIONS OF THIS AGREEMENT, OR (iii) ANY ACT OR OMISSION
OF COMPANY OR ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES,
CONTRACTORS, AND SUBCONTRACTORS, RELATED TO THIS AGREEMENT OR
THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT, WHETHER
OR NOT CAUSED, IN PART, BY THE NEGLIGENCE OF THE OFFICERS, AGENTS,
REPRESENTATIVES,OR EMPLOYEES OF THE CITY.
10. Limitation on Use. There shall be no equipment on the Park within 72 hours of a rain event. The
Company shall obtain the written approval of the Director,or his designee,of all heavy equipment
that will be used in the Licensed Premises and Company shall not use any heavy equipment in the
Licensed Premises that has not been approved by the Director or his designee.The Company agrees
that it shall not cut, clear or remove any vegetation as a part of it efforts to conduct work (See
Exhibit D& E on tree protection and damages).
11. Compliance with Laws. Company shall, at its own cost and expense, comply with all applicable
laws, including, but not limited to,existing zoning ordinances,governmental rules and regulations
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enacted or promulgated by any governmental authority and shall promptly execute and fulfill all
orders and requirements imposed by such governmental entities for the correction, prevention and
abatement of nuisances in or upon or connected with said premises because of Company's use
thereof.
12. Insurance. Company shall carry insurance as set out in Exhibit B, which is attached hereto and
incorporated herein for all purpose.
13. Notice. All notices required or permitted under this Agreement shall be conclusively determined
to have been delivered when (i) hand-delivered to the other party, its agent, employee, servant, or
representative, or (ii) received by the other party by reliable overnight courier or United States
Mail,postage prepaid,return receipt requested,at the address stated below or to such other address
as one party may from time to time notify the other in writing.
To THE CITY: To COMPANY:
Director President
Park and Recreation Department The Rios Group
City of Fort Worth 7400 Sand Street
4200 South Freeway, Suite 2200 Fort Worth,Texas 78*9*76118
Fort Worth,Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
200 Texas Street
Fort Worth,Texas 76102
14. Public Safety. Company shall be solely responsible for initiating, maintaining,and supervising all
safety precautions and programs in connection with the Company's use of the Park.
15. Hazardous Materials. Under no circumstances will the Company use or cause to be used on the
Park any hazardous or toxic substances or materials,or intentionally or knowingly store or dispose
of any such substances or materials on the Park.
16. Force Majeure. If either party is unable,either in whole or part,to fulfill its obligations under this
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires;
floods; restraints or prohibitions by any court, board, department, commission, or agency of the
United States or of any state;declaration of a state of disaster or of emergency by the federal,state,
county, or City government in accordance with applicable law; issuance of an Imminent Threat
Alert or Elevated Threat Alert by the United States Department of Homeland Security or any
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equivalent alert system that may be instituted by any agency of the United States; any arrests and
restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable
control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure
Event will be suspended only during the continuance of such event. If a Force Majeure Event
occurs,the City may, in its sole discretion,close or postpone the opening of its community centers,
parks,or other City-owned and operated properties and facilities in the interest of public safety and
operate them as the City sees fit.
17. Choice of Law, Venue. This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas. If any action, whether real or asserted,at law or in equity,arises on
the basis of any provision of this Agreement, venue for such action shall lie in state courts located
in Tarrant County, Texas or the United States District Court for the Northern District of Texas -
Fort Worth Division.
18. Binding Effect. The terms and provisions of this Agreement shall inure to the benefit of and be
binding upon City and Company and their respective successors and assigns and shall be covenants
running with the land.
19. Entire Agreement. This Agreement contains all of the agreements between the parties respecting
the subject matter hereof, and no prior representations or statements, verbal or written, have been
made modifying, adding to,or changing the terms of this instrument.
20. No Waiver of Immunity. Nothing herein shall be deemed to limit or waive the sovereign or
governmental immunity of City or Company.
21. Assignment. This Agreement, in whole or in part, is not assignable by either party, without the
express written consent of the other party. Any attempt to assign this Agreement without the
required consent is void and without force and effect.
[SIGNATURE ON FOLLOWING PAGE]
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By executing this Agreement, Company agrees to and accepts the terms, conditions and provision
contained herein.
CITY OF FORT WORTH: THE RIOS GROUP
By• 4 2022 20.42 CDT By:
Richard Zavala Rosa Navejar
Park and Recreation Department* President
Date: M a r 14,2022 Date: 03/14/2022
* Richard Zavala has been delegated the proper authority to execute this document on behalf of the City
pursuant to an Interoffice Memorandum from the City Manager dated October 12, 2018.
APPROVED AS TO FORM
AND LEGALITY:
Taylor Paris
Assistant City Attorney
a
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a OR
ATTESTED BY: °° °°��
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Jannett �(M 7�S CDT) 0 000 �
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(((0JJJJ O Lj
Janette Goodall 0 °O
City Secretary � 00000 5 ap
?*XAdba
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
David B.Jodray(Mar 14,2022 9 CDT)
David B. Jodray
Park Planner
Contract Authorization:
No M&C Required
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Temporary License Agreement RIOS—Cobb,Ellis&Carter Parks 6 of 21
March 2022
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Exhibit B
Insurance
1.01 Duty to Acquire and Maintain. Company shall ensure that a policy or policies of insurance are
procured and maintained at all times, in full force and effect,to provide coverage of the types and amounts
specified herein, naming the City as an additional insured as set forth herein, and covering all public risks
related to the use,occupancy,condition,maintenance,existence,or location of the Licensed Premises. The
insurance required hereunder may be met by a combination of self-insurance and primary and excess
policies.
1.02 Types and Amounts of Coverage Required
a. Commercial General Liability:
(1) $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for
the following: (i)Premises Liability;(ii)independent contractors;(iii)products/completed
operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse, and
underground property damage
b. Property Damage Liability:
(1) $1,000,000.00 per occurrence
C. Umbrella Policy
(1) $5,000,000.00
d. Environmental Impairment Liability(EIL)and Pollution Liability
(1) $2,000,000 per occurrence
(2) $5,000,000 aggregate
e. Automobile Liability:
(1) $1,000,000.00 Each accident on a combined single-limit basis
f. Worker's Compensation:
(1) As required by law
g. Employer's Liability
(1) $1,000,000.00 per accident
1.03 Revisions to Required Coverage. At the reasonable recommendation of the City's Risk Manager,
the City may at any time revise insurance coverage requirements and limits required by this License.
Company agrees that within ten (10) days of receipt of written notice from the City, all such revisions
requested by the City will be implemented. The policy or policies of insurance shall be endorsed to provide
that no material changes in coverage, including, but not limited to,cancellation,termination, non-renewal,
or amendment, shall be made without thirty(30)days' prior written notice to the City.
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1.04 Underwriters and Certificates. The insurers for all policies must be licensed and approved to do
business in the State of Texas. Except for workers' compensation,all insurers must have a minimum rating
of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that required,prior written approval
of the City's Risk Management Division is required. Within ten(10)business days following execution of
this License, Company shall ensure that City is furnished with certificates of insurance signed by the
respective companies as proof that the types and amounts of insurance coverage required herein have been
obtained. In addition, Company shall, on demand, provide the City with evidence that it has maintained
such coverage in full force and effect.
1.05 Deductibles. Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed$25,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage,
or aggregate is otherwise approved by the City.
1.06 No Limitation of Liability. The insurance requirements set forth in this section and any recovery
by the City of any sum by reason of any insurance policy required under this License shall in no way be
construed or affected to limit or in any way affect Company's liability to the City or other persons as
provided by this Agreement or law.
1.07 Umbrella or Excess Liability. If insurance policies are not written for specified coverage limits,an
Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form
of the primary coverage.
1.08 Additional Insured. The City, its officers, employees and volunteers shall be named as an
Additional Insured on the Automobile and Commercial General Liability policies.
1.09 Waiver of Subrogation. The insurance shall include a waiver of rights of recovery (subrogation)
in favor of the City of Fort Worth.
1.10 Copies of Policies and Endorsements. City shall be entitled, upon request and without expense,to
receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or
revision or modifications of particular policy terms,conditions,limitations,or exclusions in order to comply
with the requirements of this Agreement except where policy provisions are established by law or
regulations binding upon either of party or the underwriter on any such policies.
1.11 Certificate of Insurance. Company shall submit to the City a certificate of insurance evidencing all
required insurance coverage and any applicable endorsements.
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Exhibit C
Park Restoration Standards
SECTION 32 92 13
SODDING
Part 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Furnishing and installing grass sod as shown on Drawings, or as directed.
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include,but are not necessarily limited to:
1. Division 0 - Bidding Requirements, Contract Forms,and Conditions of the
Contract
2. Division 1 - General Requirements
3. Section 3110 00 -Site Clearing
4. Section 32 9119-Topsoil Placement and Finishing of Parkways
5. Section 32 84 23 - Irrigation
1.2 price and payment procedures
A. Measurement and Payment
1. Sod Placement
a. Measurement
1) Measurement for this Item shall be by the square yard of Sod complete in
place for uniform vegetative coverage.
b. Payment
1) The work performed and materials furnished in accordance with this
Item and measured as provided under"Measurement"will be paid for at
the unit price bid per square yard of Sod placed.
c. The price bid shall include:
1) Surface preparation,scarifying subgrade, cleaning, and fine grading as
described in section 3.3 Preparation
2) Furnishing and placing all sod (until established complete in place with
no gaps or overlaps)
3) Rolling and tamping
4) Watering (until established)
5) Fertilizer, if required by City to be determined by soil test
6) Disposal of surplus materials off site or as directed by City
7) Weed removal (until established)
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8) Mowing of two cycles,beginning at thirty(30) days from installation or
when blade height is 4"or greater,whichever comes first
9) Mowing cycles shall be spaced a minimum of ten (10) days apart (until
established)
d. Exceptions to c. include the following for areas to be turned over to adjacent
properties for maintenance:
1) Sod shall be watered until turned over to adjacent property owner for
maintenance
2) Fertilization will not be required
3) Mowing not required for projects in areas where maintenance will be
immediately turned over to adjacent property owners
2. Mowing
a. Measurement
1) Measurement for this Item shall be per each for the project,beyond the
two (2) mow cycles included in sodding price,as approved and directed
by the City
b. Payment
1) The work performed and materials furnished in accordance with this
Item and measured as provided under"Measurement"will be paid for at
the unit price bid per each.
1.3 References [not used]
1.4 administrative requirements [not used]
1.5 Action submittals [NOT USED]
1.6 informational submittals
A. Certifications, Samples and Documentation
1. Certificates and/or labels and samples of sod, fertilizer, compost,soil
amendments and/or other materials, including a certificate from the
vendor indicating sod is free from weeds.
2. Delivery receipts and copies of invoices for materials used for this work
shall be subject to verification by the City
B. Exceptions
1. Certifications,samples and associated documentation will not be required
for sod to be turned over to adjacent property owner for maintenance
1.7 closeout submittals [not used]
1.8 maintenance material submittaLs [not used]
1.9 quality assurance
A. Developer/contractor who plants material is responsible for the supervision of
crew,the site,and the maintenance of the material until the project is accepted by
the City
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1.10 delivery,storage,and handling
A. Sod
1. Protect from exposure to wind,sun and freezing.
2. Keep stacked sod moist, consistently throughout stack.
3. Sod upon delivery may be inspected by City
4. Harvesting and planting operations shall be coordinated with not more
than seventy-two (72) hours elapsing between harvesting and placement,
rolling, tamping, and watering of sod.
B. Fertilizer,as determined by soil testing report provided to Contractor, if specifically
required by City for the project.
1. Provide unopened bags labeled with the manufacturer's guaranteed
fertilizer analysis.
2. Conform to Texas fertilizer law, Texas Agriculture Code Chapter 63.
3. Provide to City application rate for which fertilizer will be applied.
1.11 field [site] conditions
A. Grading of site and installation of topsoil must be approved by City prior to
application of sod.
1.12 warranty
A. Warranty Period: Until project acceptance or through required maintenance
period,whichever is longer duration of time.
B. Warrant sod against defects in product, installation and workmanship.
1. Exceptions include
a. When maintenance is transferred to the adjacent property owner during the
project or after project acceptance
b. Vandalism caused by persons other than contractor or subcontractors of
this project
c. Improper watering by persons other than contractor or subcontractors of
this project
d. Damage caused by vehicles or equipment other than contractor or
subcontractors of this project.
e. Sod that goes dormant after job acceptance
Part 2 - PRODUCTS
2.1 OWNER-FURNISHED PRODUCTS [NOT USED]
2.2 MATERIALS AND EQUIPMENT
A. Materials
1. Sod
a. Sod Varieties (match existing if applicable)
1) "Cynodon dactylon TIF419" (Bermudagrass hybrid)
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2) or an approved St.Augustine grass
3) or an approved Zoysia grass
b. Sod must contain stolons,leaf blades, rhizomes and roots as appropriate to
species.
c. Sod shall be alive, healthy and free of insects, disease, stones, undesirable
foreign materials and weeds and grasses deleterious to its growth or which
might affect its subsistence or hardiness when transplanted.
1) Johnsongrass not allowed
2) Nutgrass not allowed
3) Millet not allowed
d. Sod shall have been produced on growing beds of clay or clay loam topsoil.
e. Sod must not be harvested or planted when its moisture condition is so
excessively wet or dry that its survival will be affected.
2. Minimum sod thickness: 1/2-inch minimum
a. Maximum grass height: 2-inches
b. Dimensions
1) Machine cut to uniform soil thickness.
2) Sod is to be cut in strips 16-inches wide and 24-inches long or approved
equal.
3) Sod shall be of equal width and of a size that permits the sod to be lifted,
handled and rolled without breaking.
c. Broken or torn sod or sod with uneven ends shall be rejected.
d. Temporary Erosion Control or Over Seed of dormant sod- consist of the
sowing of cool season plant seed. Seed must be included between November 1
through March 1 or as directed by the City.
Common Name Botanical Name Lbs./Acre Lbs./Acre
broadcast drilled seed
method method
Elbon Rye Secale cereale 100-120 80-100
3. Fertilizer to be installed only as directed by City or as indicated in
construction documents
a. Determined by soil testing report
b. Acceptable condition for distribution per manufacturer's instructions
c. Applied uniformly over sod area. Do not fertilize inside the dripline of trees,
or Tree Protection Area.
4. Topsoil: See Section 32 9119.
5. Water: clean and free of industrial wastes or other substances harmful to
the germination of seed or to the growth of the vegetation.
2.3 AccessoRies
A. SOD PINS
1. Metal
2. Wood pegs
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2.4 source quality control [not used]
Part 3 - EXECUTION
3.1 INSTALLERS [NOT USED]
3.2 EXAMINATION
A. City may examine site grading to ensure it conforms to approved drawings, prior to
installing sod.
1. City will notify Contractor if grading is to be inspected prior to sod
installation.
2. If required for specific project, Contractor must coordinate inspection
seventy-two (72) hours prior to cutting of sod and delivery
B. Sod may be inspected by City upon delivery.
3.3 PREPARATION
A. Surface Preparation: clear surface of all material including the following and
dispose of off-site or as directed by City:
1. Stumps, stones,and other objects larger than 1-inch.
2. Roots,brush,wire, stakes, etc.
3. Any objects that may interfere with sodding or maintenance.
B. Scarify Subgrade
1. Scarify subgrade to a depth of 2-inches before depositing the required
topsoil.
2. Compacted or heavily vegetated areas may be tilled 3-inches deep with
City approval
a. For tilled areas, use a heavy-duty disc or a chisel-type breaking plow,
chisels set not more than 10-inches apart.
b. Initial tillage shall be done in a crossing pattern for double coverage,
then followed by a disc harrow. Depth of tillage may be up to 3-
inches.
c.Areas sloped greater than 3:1: run a tractor parallel to slope to provide
less seed/water run-off
3. Areas near trees: Do not till within dripline of tree. Do not disturb the Tree
Protection Area, or canopy dripline.
C. Cleaning
1. Soil shall be further prepared by the removal of debris,building materials,
rubbish,and rock 1-inch and greater,and weeds.
2. Remove and dispose of debris off-site.
D. Fine Grading:
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1. After scarifying or tilling and cleaning, all areas to be sodded shall have 3-
inches of topsoil placed,be leveled, fine graded by use of weighted spike
and harrow,or float drag, or hand grading to eliminate ruts, depressions,
humps,and objectionable soil clods.This shall be the final soil
preparation step to be completed prior to inspection before sodding.
2. Areas near trees: Do not disturb the Tree Protection Area, or canopy
dripline
3.4 INSTALLATION
A. General
1. Do not lay sod when ground is frozen.
2. Over-seeding with Elbon Rye shall be included from November 1 until
March 1. Refer to Section 32 92 14"Seeding"for seed rates.
B. Installation
1. Plant sod specified after the area has been inspected and accepted by City
for planting
2. Scarify 2-inches of subgrade and place a minimum of 3-inches of topsoil
per Section 32 9119 on areas to receive sod.
3. Sod to be laid parallel to the contours in areas as specified. Sod to be laid
perpendicular to slopes greater than or equal to 4:1.
4. Use care to retain native soil on the roots of the sod during the process of
excavating,hauling and planting.
5. Keep sod material moist from the time it is dug until planted. Dry sod shall
be rejected.
6. Fill in slumped areas due to watering to keep sod moist.
7. Place sod so that the entire area designated for sodding is covered with no
gaps or overlapping material
B. Fill voids left in the solid sodding with additional sod and tamp.
9. Stagger joints and seams.
10. Roll and tamp sod so that sod is in complete contact with topsoil at a
uniform slope.
a. Use pedestrian mechanical process (no motorized vehicles /equipment).
b. Low spots, or settlement greater than 1-inch,that may cause tripping
hazard shall be leveled
c. Finished grade of sod shall be maximum 1-inch below adjacent edges
including curbs,drives, and walkways.
11. Peg sod with wooden pegs (or wire staple) driven through the sod block
to the firm earth in areas that may slide due to the height or slope of the
surface or nature of the soil.
C. Watering and Finishing
1. Water sod to a minimum depth of 4-inches immediately after placed and
tamped and rolled.
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2. Generally, as recommended by the vendor
3. Water source shall be clean and free of industrial waste or other
substances harmful to the germination of the seed or growth of the
vegetation.
4. Water until 100 percent green and established as defined in 3.13. Dormant
sod must be over-seeded as directed in 2.2 A.2.d.
3.5 repair/restoration [NOT USED]
3.6 re-installation [not used]
3.7 field quality control [not used]
3.8 system startup [not used]
3.9 adjusting [not used]
3.10 cleaning [not used]
3.11 closeout activities
3.12 protection [not used]
3.13 MAINTENANCE
A. Sodding
1. Water and mow sod until completion and final acceptance of the Project or
as directed by the City.
2. Trim and maintain along edges including curbs, drives, and walkways with
maximum 1-inch surface elevation change.
3. Sod shall be rooted to scarified soil with continuous surface coverage with
no gaps or overlapping edges.
4. Includes protection, replanting, and maintaining grades with no
settlement over 1-inch,and immediate repair of erosion damage until the
project receives final acceptance.
5. Sod shall not be considered finally accepted until the sod has started to
peg down (roots growing into the soil) and is free from dead blocks of
sod.
B. Acceptance
1. Sod shall be accepted once fully established.
a. Sodded area must have 100 percent ground coverage and a blade height of
3-inches with 2 mow cycles, minimum ten (10) days apart, performed by the
Contractor prior to consideration of acceptance by the City.
b. Grass shall be actively growing and free of disease and pests.
c. Ground surface to be smooth and free of foreign material and rock or clods
1-inch diameter and greater.
C. Replanting
1. Replant areas with dead blocks of sod (50 percent of individual block or
greater).
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March 2022
D. Rejection
1. City may reject sod area based on the following items prior to final
acceptance:
a. Weed populations
b. Poor installation including but not limited to gaps and/or overlapping sod
c. Disease and/or pests
d. Insufficient or over watering
e. Poor or improper maintenance
f. Soil settlement in excess of 1-inch.
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
Removed information and details regarding seed,native grasses and wildflowers.
These items are addressed in new specification 32 92 14 and Parks specification for
native grasseslwiIdflowers. Items pertaining to fertilizer throughout document
updated to include soil testing.Remove and replace"block sod"with"sod"
May 13,2021 M 0%%en throughout document.Updated 1.2 payment measurement.3.3 Preparation updated to
reflect current industry tree care standards for root zone disturbance.3.4 Installation
added descriptions to clarify acceptable installation.3.13 Maintenance added
descriptions to clarify acceptance and rejection of sodded areas including growth,
mow cycle and watering.Inserted exceptions associated with sod to be turned over to
adjacent property owner.
Temporary License Agreement RIOS—Cobb,Ellis&Carter Parks 17 of 21
March 2022
EXHIBIT D
TREE PROTECTION
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March 2022
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Temporary License Agreement:RIOS_Cobb,Ellis&Carter Parks 19 of 21
March 2022
EXHIBIT E
DAMAGE TO CITY TREES
NO PRUNING OF ANY CITY TREE SHALL BE PERMITTED, UNLESS SPECIFIED
OTHERWISE IN THESE SPECIFICATIONS. Severe damage to trees will result in replacement or
compensation of trees by the COMPANY. Failure to replace damaged trees shall be considered a
breach of contract and COMPANY shall be assessed for damages. Slight or moderate damage to trees
will result in assessment of damages.
ASSESSMENT OF DAMAGES TO TREES
1.1. Company will check trees in the Licensed Premises before contract work begins, any
damage will be noted and reported to the Director or his designee.
1.2. The Director, or his designee, may conduct random checks of the trees during the License
Period.
1.3. A check of all trees may be made at the end of the License Period. The City Forester,
Director or his designee, and Company will attend the inspection.
1.4. Damages shall be documented by memo to the City Forester with copy to contract file and
the Company.
1.5. Company may have the option of replacement or payment for severely damaged trees at a
location to be designated by the Parks and Recreation Department. Replacement shall be
made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2"
in caliper for trees damaged or removed less than 30"diameter at breast height(DBH)and
2" per inch on trees 30" DBH or greater. Company shall be responsible for any planting,
watering, mulching and maintenance of replacement trees for a period of not less than 2
years. Company shall compensate the City at a rate of$200 per caliper inch for any tree
that does not survive the 2 year establishment period.
1.6. Slight Damage shall be defined as damage, in the opinion of the City Forester that may heal.
Examples include, but are not limited to, scaring of the trunk into the cambial layer ''/z"to
2" in width but less than 1/3 trunk circumference or breaking of limbs less than 2" in
diameter or limbs less than 1/3 trunk caliper, whichever is less. Slight damage shall also
include removal or lying down of protective tree fencing prior to the end of construction,
storing equipment or supplies within the critical root zone (CRZ), or disposing of paint or
concrete within the CRZ but not closer to the trunk than 50% radius of the CRZ. Slight
damage to trees shall be assessed at a rate of$100.00 for each instance. For each day that
tree fencing is not properly placed, equipment or supplies are stored within CRZ, or fill is
stored within the CRZ, shall be considered one instance.
1.7. Moderate damage shall be defined as damage, in the opinion of the City Forester, that
contributes to the poor health and reduced longevity of the tree, and examples include, but
are not limited to, scaring of the trunk into the cambial layer greater than 2" but less than
1/3 of the trunk circumference or breaking of limbs more than 2" in diameter but less than
Temporary License Agreement.RIOS—Cobb,Ellis&Carter Parks 20 of 21
March 2022
1/3 trunk caliper. Moderate damage shall also include compaction of soil,grading or filling
in 20%of the CRZ on one of four sides but outside the 50%radius of the CRZ,or disposing
of paint or concrete within 50%radius of the CRZ. Moderate damages shall be calculated
at a rate of%2 the assessed value of the tree per each instance of damage.
1.8. Severe damage or removal of trees is subject to a penalty of$200 per diameter inch of trees
removed or damaged for trees less than 30" DBH and $400 per diameter inch of trees 30"
DBH or greater. Severe damage or removal shall include, but is not limited to, scaring of
the trunk to the cambial layer greater than 1/3 the trunk circumference,uprooting or causing
a tree to lean, or damage to a scaffolding branch or branch greater than 1/3 of trunk caliper.
Severe damage shall also include compaction of soil, grading or filling more than 20% of
the CRZ, or within 50% radius of the CRZ or on more than one of 4 sides. Cutting 1/3 of
the buttress roots within 3 times the distance of the DBH of the trunk, or cutting 4 roots 4"
or greater in diameter within 4' of the trunk shall also be considered severe damage.
1.9. Branches shall be measured at the point of attachment or at the lateral to which the branch
would be pruned back to according to ANSI standards. Trees caliper shall be measured
according to accepted industry standards. Trees greater than 6"in caliper shall be measured
using DBH. Trees that must be removed due to damage caused by Company shall be
removed by the Parks and Recreation Department's Forestry Section Tree Removal
Contractor at Company's expense.
1.10 All damages shall be paid to the City Tree Fund. Failure to replace or pay for damaged
trees shall result in a breach of contract and Company will be automatically assessed
damages. Damages as described herein shall be deducted from payments otherwise due to
Company.
1.11 Remediation costs assessed hereunder constitute contractual damages intended to
compensate the City, as property owner, and have no bearing on whether or to what extent
any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning
Ordinance.
Temporary License Agreement-RIOS--Cobb,Ellis&Carter Parks 21 of 21
March 2022