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HomeMy WebLinkAboutContract 53696 4' CITY SECRETARY CONTRACT NO. ,�3 09 2 3 2020 �n1't7FfoRTWO TEMPORARY LICENSE AGREEMENT ciNs>c���fyrFi 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 Alliance Geotechnical Group, Inc., a Texas corporation, acting by and through its duly authorized representative ("Company"). WHEREAS, the City owns certain pieces of property known as Sycamore Park & Cobb Park, located at 2525 E. Rosedale Street, Fort Worth,TX 76105 and 2700 Cobb Park Drive West, Fort Worth, TX 76105(the"Parks"),respectively;and WHEREAS, the Company desires to gain access through and over the Parks for the purpose of performing soil test boring adjacent to existing utility easements and public rights-of-way for the proposed Sycamore Creek Phase 3 drainage piping to be located through a portion of both Parks;and WHEREAS,Company has represented to the City that there is no feasible alternative location in which to locate necessary boring locations;and WHEREAS,the City has reviewed the Company's request and agrees to grant the Company access through the Park 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 Parks 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:SWR 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 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 access to soil test boring locations and for performing soil test borings as shown on the attached Exhibit A. The Licensed Premises shall be used for no other purposes. Temporary License Agreement-Geotech—Cobb and Sycamore Parks orm Una' i' r' wr i) March 2020 M -MCNE yC y OR t� r�y V n: b. Prior to the commence of work, 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. 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. 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. 'Termi►iation. 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 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. Temporary License Agreement-Geotech—Cobb and Sycamore Parks 2 of 2l March 2020 8. Restoration of the Park. Company agrees that Company will 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 hercin 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,(h) 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. 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 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. Temporary License Agreement-Geolech-Cobb and Sycamore Parks 3 of 21 March 2020 12. Insurance. Company shall tarty insurance as set out in Exhibit S, 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 Vice President Park and Recreation Department Alliance Geotechnical Group City of Fort Worth 3228 Halifax Street 4200 South Freeway, Suite 2200 Dallas,Texas 75247 Fort Worth,Texas 76115 With a copy to: Department of Law City of Fort Worth Attn: City Attorney 1000 Throckmorton 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 pant,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; tires; 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 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 Temporary License Agreement-Geotech—Cobb and Sycamore Parka 4 or 21 Murch 2020 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 tm%v, 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 l fleet. 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. L:ntire 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 Inununity. 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] Temporary License Agreement-Geotech—Cobb and sycamore Parks 5 of 21 March 2020 By executing this Agreement, Company agrees to and accepts the terms, conditions and provision contained herein. CITY OF FORT WORTH: ALLIANCE GEOTECIINIC L GROUP By: a,r..l(1.,L_ By: Fernando Costa Name tC o qh Assistant City Manager Title Date: 3 Z./z.;2° Date: RECOMME .DED�Y: i i7 - Ri and Za ala f Parks and Recreation Director APPROVED AS TO FORM AND LEGALITY: Matt Murray (,`Y�` Assistant City Attorney ' # ` 'i,A ATTESTED BY: C4y 9ecretari.,Fsii= 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. AT iristina Moon Title UFFiLUAL RELURD CITY SECRETARY Contract Authorization: No M&C Required A /®�T�'fl, '�� Temporary License Agreement-Geotech—Cobb and Sycamore Parks 6 of 21 March 2020 Exhibit A Licensed Premises !-'AST VICKeR BOULEVARD Prr rale`�TlV/ATEN Nwy+�t/uomnan�q _� ; — PLTdPCEPTUR R f � �. �� III TIN.fiFWOLOCIT1O49 PRdg9®AOCl88 ROUM PROPOM&OROiOLE LOCATION .t y Y dfQI56 000RDWITEMTR0UMACCEM M caypeRSOIRASL HOMARgAPFROXW L ARF ro RE6OCATm PRIOR TO E. 7 EWAVATM �d z� L. V .r t K g OEPTN OF MIVERR 10 FEET OEPfN OFDORE:00 FEET N•095290Q00 _. .;.., C-23900V09 SYCAMORE CREEK INTERCEPTOR IMPROVEMENTS 6NLoakwood,Andrews L� ,., BORING PLANInc. Temporary License Agreement-Geotech—Cobb and Sycamore Parks 7 of2] March 2020 r srlmsrcwnrul wwnmrr `�le _r. � �' EX/sTIAK1IDP�LM1 PHERCEPTOR WRING 02 ,.� DEPIN OF INVERT:12 FEET �G.GLL TVAT.6IJHOL0r4n0 9 _ DCPrII OF BOAE:SO FEET `G.GGC N•693210167 E•2338"6.70 F_ :.. PftOPY).9FDADCL�BBRWTC (SEE HOIE 1) pollposm 9ootel 0LP taGfloN CA.NrRo wsp/I[F.3TRCEr HORINO 83 N w OEPIN OF INVERT"10 FEET 1. ACCIEMPOUTE SROMMAPPROXOMM DEPTN OFBORE:20 FEET OOORWATE EVACTROUrl ACCCs9 t5TTIl N-0991P31.31 CITYP'EPISCIML E,23M782.70 2. coaxNWESSHOMIAREAPPRouxe47r. VAESARF TO RELOCATED FMUOR TO EXCAVATKN. BORING w DEPTII OF INVERT:16 rcrr DEPRiOF GORE:30rECr - N-6951590.00 E-23MOM83 _ r - lop ' r 1 k T ;e R1 SYCAMORE CREEK INTERCEPTOR IMPROVEMENTS Lockwood,Andrews Lan &Nownu In,Inc. BORING PLAN ""' Temporary License Agreement-Geotech—Cobb and Sycamore Parks S of 21 March 2020 —V _ 4 N 1 P T It AV' E - ... MoposeD IVAsrE WER Rnrj?C4FT0R AV .GL L L lurx.'¢twro uxr rx�Ns R70POWDAGTEsBROUTE 1. Al"MROMSH MMAWYMM 4TE (SWNOTH1) 000RDMMEaGTRO MACCKWWTM OITYMR9 AVEL ® FROP00l08L4affi L' 2 CY APAIrl N/0 WARY ANW UVAYC LOCAWN LdMAlN M ee LOCATCO/R1011 Tt0 EX AVAnON. I SYCAMORE CREEK INTERCEPTOR IMPROVEMENTS Lockwood,Andrew® — Lan &Nawnam,Lnc. BORING PLAN Temporary License Agreement-Gcotech—Cobh and Sycamore Parks 9 of 21 March 2020 PR(WOSEO WASTEWATER -- INTERCEPTOR INTER EPTO.q CN lHTFFCEP7oR BOR/NO113 I,L.LLL ruRNEUNaLocAnays DEPTH OF INVERT.,16 FEET __, P(,QP08EDACCE6SROUTE DEPTH OF - (SEE NOTE 1) BORE-50 FEET - • _ N=5950r11.41 s rRoraseooavErtole E=733900s.Os - LOCA"ON BORINOBs NOW DEPIHOFINVERT.•14MET . DEPTH OFBORE:60 FEET +. AccessTTourE s11055NwAPPTEQ\7AUTE. N-5950499.71 COOROTRATE EXACTRDVTEAGY,EA.S trvnT( E�Z330fOf.Ts c(TYf'ERSONNE(. 1. COCNMMTEA allMMAREAPPRONWATE LlNEAARE TORE LOCATEOPRIOR 7-0 EXCAVAnON. EAST AlADDOX ,s AVENUE f N u�xwrwom�wra�wTn ,vn• nu„ UCI'f((OF INVERT.'f 0 FEET DEPTT(OF BORE 40 FEET ti r' E=23.30 65.80 A I 1 � r L I .. SYCAMORE CREEK INTERCEPTOR IMPROVEMENTS �� Lockwond,Andrews &Newnam,Inc. BORING PLAN Temporary License Agreement-Geotech—Cobb and Sycamore Parks 10 of 21 March 2020 M&'M%Wn WWSTAVAWR r. ACCESS ROUTE 8WW3 OEPINQF INVEHT.'22I°LET ' W79RCEPTOR APPR'O)"TE COORO MIN EXALr RDUTFAGCEW KTM DEPTH Or wav Io FEEr L'fTYPEA40MVn N•694922Ai2 Exisrnx+�a,Nar . E-2=57,40 WTmgcffpToo 7. L'0ORVMTE98M7NNARE APPW M MLNE3ARE TO 'llll L/ ExcnvAncrr.ULt(YAT101Y, tYW TO�uxoioc�rram FYtOPOB®ACC668 ROUTE -" (sESRmE II ffWPOSW rEONFIR7IE oq co ' I RORINO R9 UEPTNOFINWRT.;20FEET a - OF.PTN OFEORE 40 FEEr c N+6948M.W � h '� E�Z,'AYA75B.82 J v. AR LI GrON !.� 7oO DEEP H0F�zfFEET r p VE G N-Wtl V..03 Nrowwrrm,M,T E�23.78?&B.18 I� SYCAMORE CREEK INTERCEPTOR IMPROVEMENTS �,�� l.oakwood,Andrews ■■�� 8 Nswnsm,Ina. BORING PLAN Temporary License Agreement-Geotech—Cobb and Sycamore Parks I I of 2I March 2020 lExitibit B CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability— Insured shall maintain commercial general liability(CGL)and,if necessary,commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit,it shall apply separately to this Project or location. i. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella,if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City.The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operatlons, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy,unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary,commercial umbrella liability Insurance as follows: $1.000,000 each accident(or reasonably equivalent limits of coverage if written on a split limits basis). Such Insurance shall cover liability arising out of"any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the Project. If Insured owns no vehicles, coverage for hired or non-owned is acceptable. Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. c. Workers'Compensation—Insured shall maintain workers compensation and employers liability insurance and, if necessary,commercial umbrella liability CFW Standard Insurance Requiremenis Page 1 of 3 Rev.10.03.10 Temporary License Agreement-Geotech—Cobb and Sycamore Parks 12 of 21 March 2020 insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease-policy limit $100,000 disease-each employee Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Engineer pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — If appropriate, Insured shall maintain professional liability insurance as follows: $1,000,000- Each Claim Limit $2,000,000- Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements.Coverage shall be claims-made,and maintained for the duration of the contractual agreement and for three (3) years following completion of services provided.The policy shall contain a retroactive date prior orequal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier.An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution.Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured thereon, subject to any defense provided by the policy,as its interests may appear. The term City shall include its employees, officers, officials, and agents as respects the contracted services.Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's Insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the CFW Standard Insurance Requirements Page 2 of 3 Rev.10,03.18 "Temporary License Agreement-Geotech—Cobb and Sycamore Parks 13 of 21 March 2020 specified amounts of insurance required herein. d. Other than worker's compensation Insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through Insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e, A minimum of thirty (30)days' notice of cancellation or material change in coverage shall be provided to City. A ten(10)days'notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. g. Any deductible or self-insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion,may consent to alternative coverage maintained through Insurance pools or risk retention groups.Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement,Insured shall report,in a timely manner,to City's Contract Compliance Manager any known loss or occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. I. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage,other than Professional Liability,underwritten on a claims- made basis,shall contain a retroactive date coincident with or prior to the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages,whether written on an occurrence or claims-made basis,shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request,Insured shall provide City with documentation thereof. CFVV Standard Insurance Requirements Page 3 of 3 Rev,10.03.18 Temporary License Agreement-Geotech—Cobb and Sycamore Parks 14 of 21 March 2020 Exhibit C Park Restoration Standards SECTION 02930-TURF SODDING PART 1 -GENERAL 1.01 DESCRIPTION A. Work Included: This work includes all labor,materials and equipment for soil preparation,fertilization,planting and other requirements regarding turfgrass sodding shown on the plans. B. Related Work Specified Elsewhere: Section 02300,Earthwork. 1.02 REFERENCE STANDARDS A. For exotic plant materials: American Joint Committee 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 maybe 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: Harvesting and planting operations shall be coordinated with not more than forty eight hours elapsing between the harvesting and planting. B. Fertilizer 1. Unopened bags labeled with the analysis. 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. TURF SODDING 02930 -1- Temporary License Agreement-Geolech—Cobb and Sycamore Parks 15 of21 March 2020 PART 2—PRODUCTS 2.01 SOD A. The sod shall be Buchloe dactyloides("Prairie"BulFalograss)and shall consist of stolons, leaf blades,rhizomes and roots with a healthy,virile system of dense,thickly matted roots throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive, healthy and vigorous and shall be free of insects,disease,stones and undesirable foreign materials and grasses. Sod shall have been produced on growing beds of clay or clay-loam topsoil. The sod shall not be harvested or planted when its moisture condition is so excessively wet or dry that its survival will be affected. If sod is stacked,it shall be kept moist and shall be stacked roots-to-roofs and grass-to-grass. B. The sod shall be cut in strips four feet wide to be laid parallel with the contours. 2.02 FERTILIZER 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 uniformly 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 furnished by the Developer/Contractor and shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally,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 organic 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 harmful chemicals. "New Life Soil Conditioner"or"Penna Green Compost",as specified below or an approved equal,shall be used. Raw organics are not acceptable. A. For soil with an alkaline PH condition: Use"New Life Acid Oro"(acid pH)soil conditioner as produced by Soil Building Systems of Dallas,or an approved equal. B. For soil with an acidic pH condition: Use"Perms Green Compost"by Texas Earth Resources,Inc. of Dallas,or"New Life Natural Grower"(ph 8.0 to 9.0)by Soil Building Systems,hic.,of Dallas. C. Sample and Specification Submittal: Submit a producer's specification and a quart sample of the compost proposed for the City's approval. TURD SODDING 02930 -2- Temporary License Agreement-Geotech--Cobb and Sycamore Parks 16 of21 March 2020 PART 3-EXECUTION 3.01 GENERAL All turfing operations are to be executed across the slope,parallel to finislied grade contours. 3.02 SOIL PREPARATION A. Scarify subgrade to a depth of three inches before depositing the required topsoil. B. Tillage shall be accomplished to loosen the topsoil,destroy existing vegetation and prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel- type breaking plow,chisels set not more than ten inches apart. Initial tillage shall be done in a crossing pattern fordouble coverage,then followed by a disc hallow. Depth of tillage shall be five inches. A heavy ditty rototiller may be used for areas to be planted with sod. C. Cleaning: Soil shall be further prepared by the removal of debris,building materials, rubbish,weeds and stones larger than one inch in diameter. D Fine Grading: After tillage and cleaning,all areas to be planted shall be topdressed with 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 nits, depressions,humps and objectionable soil clods. This shall be the final soil preparation step to be completed before planting. 3.03 PLANTING Prior to laying the sod,the planting bed shall be raked smooth to true grade and moistened to a depth of four inches,but not to the extent causing puddling. The sod shall be laid smoothly, tightly butted edge to edge,and with staggered joints. The sod shall be pressed firmly into the sod bed by rolling or by hand tamping with an approved tamper so is to eliminate all air pockets, provide a true and even surface,and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas. Following compaction,compost shall be used to fill 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. 3.04 FERTILIZING Twenty-one days after planting,turfgrass areas shall receive an application of 3-1-2 fertilizer at the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning. END OF SECTION TURF SODDING 02930 -3- Temporary License Agreement-Geotech—Cobb and Sycamore Parks 17 of 21 March 2020 EXHIBIT D TREE PROTECTION .w rl � r 0 rro � ��'tiJl T r a 7 � O m J , Ceu n _.j 0-4 ��! r n� n P•rIQ � s o 0 0 Temporary License Agreement-Geolech—Cobb and Sycamore Parks 18 or21 March 2020 � ! rA $ * | \ 2 } % 3f . ! \ � 'g \ �m mra om ' � � � ? � » ^ R ■ - � . � " d � n ■ E E 7 % K§ $ m Km $ / 2 @ � Temporary License A;e,sQ+a-Gb and Sycamore Parks 19J2 M� 2020 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 ofcontract and COMPANY shall be assessed for damages.Slight or►noderate 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 shal l 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 Temporary License Agreement-Geotech—Cobb and Sycamore Parks 20 o1*21 March 2020 I 1/3 of the trunk circumference or breaking of limbs more than 2" in diameter but less than 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, searing 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-Geotech—Cobb and Sycamore Parks 21 of 21 March 2020