HomeMy WebLinkAboutContract 44084-A1 (3)FIRST AMENDMENT AND FIRST ADDENDUM TO CITY SECRETARY
CONTRACT NO. 44084 COMMUNITY FACILITIES AGREEMENT
STATE OF TEXAS
COUNTY OF TARRANT §
CITY SECRETARY CONTRACT NO. LION-1
This First Amendment and First Addendum to City Secretary Contract No. 44084 is made and
entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation organized
under the laws of the State of Texas, acting by and through its duly authorized Assistant City Manager, and
Pulte Homes of Texas, L.P., a Texas Limited Partnership, acting by and through it general partner Pulte
Nevada I, L.L.C., a Delaware Limited Liability Company, acting by and through its Vice President of Land
Development Clint Vincent ("Developer").
WHEREAS, the City and Developer entered into Community Facility Agreement, City Secretary
Contract No. 44084 ("CFA") wherein Developer is to make certain improvements to Trails at Fossil Creek —
Magma Drive Crossing an addition within the City; and
WHEREAS, the City owns a certain piece of property known as Trails at Fossil Creek located at
10451 Fossil Hollow Drive, Fort Worth, Texas (the "Park"), more particularly described in Exhibit D, which
is attached hereto and incorporated herein for all purposes;
WHEREAS, as part of the CFA, Developer has agreed to construct and install certain storm drainage
improvements on a portion of the Park (see Exhibit B-1 of the CFA);
WHEREAS, the Developer wishes to use certain designated portions of the Park as temporary
workspace for the construction and installation of said storm drainage improvements;
WHEREAS, the City has reviewed Developer's request and agrees to grant Developer use of the
designated portions of the Park in accordance with the terms and conditions of the addendum portion of this
First Amendment and First Addendum; and
WHEREAS, the parties also wish to amend the CFA to reflect the revised costs associated with the use
of the Park for the construction of storm drainage improvements and restoration of the Park upon completion of
the installation of such storm drainage improvements.
NOW THEREFORE, City and Developer, acting herein by and through their duly authorized
representatives, enter into the following agreement, which amends and addends the CFA:
SECTION 1.
FIRST AMENDMENT
The itemized estimate contained on Page 8 of the CFA titled "Cost Sumn ra
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive
RELEIVEU JWi 2 ZU13
�Sheet' is EMIT amended to be
OFFICIAL. RECORD
CITY SECRbA
FT. WORTH, TX
and read as follows:
A. Water and Sewer Construction
1. Water $
2. Sewer $
Water/Sewer Construction Cost Sub -Total $
Developer's Cost
18,452.00
18,452.00
B. TPW Construction
1. Paving $ 54,298.50
2. Storm Drain $ 270,755.00
4. Street Lights - Installed by Developer $ 6,385.00
TPW Construction Cost Sub -Total $ 331,438.50
Total Construction Cost $ 349,890.50
Construction Fees:
C. Water/Sewer Inspection Fee (2%) $ 369.04
D. Water/Sewer Material Testing Fee (2%) $ 369.04
Total Water/Sewer Construction Fees $ 738.08
E TPW Inspection (4%) $ 13,002.14
F. TPW Material Testing Fee (2%) $ 6,501.07
G. Street Light Inspection Fee (4%) $ 255.40
Total TPW Construction Fees $ 19,758.61
Total Construction Fees $ 350,628.58
H. Park Fees
1. Seeding and or Sodding $
2. Watering $ 993.43
3. Park Land Access Fee $ 5,000.00
Total Park Fees $5,993.43
SECTION 2.
FIRST ADDENDUM
This First Addendum to the CFA is intended to act as a temporary access permit and workspace license for the
Developer's use of a certain designated portion of the Park for the construction and installation of certain
storm drainage improvements set forth in the CFA and depicted in Exhibit B-1 of the CFA ( `Permit). The
terms and conditions of this First Addendum are as follows:
I.
Term
A) Terms and Conditions for Use of the Park
The Term of this Permit shall consist of a period of one hundred thirty-five (135) consecutive calendar days,
which shall commence upon the fifth business day following the date of execution of this First Amendment and
First Addendum and shall end at 11:59 P.M. on the one hundred thirty-fifth (135th) calendar day.
B) Extension of Term Period If the Developer fails to complete all obligations hereunder in accordance
with this Permit on or before the expiration of the Term Period, including, but not limited to construction and
installation of the storm drainage improvements in accordance with the terms of the CFA and Exhibit B-1 of the
CFA Storm Drainage Improvements therein and restoration of the Park, then Developer agrees to extend the
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Trails of Fossil Creek — Magma Drive Page 2 of 34
Tenn Period on a month -to -month basis until Developer has completed all obligations pursuant to this Permit.
If an extension occurs, then Developer shall pay City rent in the amount of $5,000.00 per month, which will be
due and payable on or before the first (rt) day each extended Term Period. Such rent shall be paid to the City
without demand and without offset.
The extension of the teen shall renew automatically each month until the Developer receives notice from the
City that all of its obligations under the Peiinit have been completed. Notwithstanding anything to the contrary,
the City may terminate the extended Tenn Period at any time and for any reason.
C) Access. No use of or access to the Park shall be allowed outside of the designated Term Period or
applicable extension period. Developer's rights in and to the Licensed Premises hereunder shall be strictly
limited and shall fully and absolutely terminate and be of no further force and effect at the conclusion of the
Term Period or applicable extension period. After the Term Period or applicable extension period ends all
rights of the Developer in and to the Licensed Premises shall, automatically and without the need for any further
documentation, fully and unconditionally terminate, whereupon the Developer shall have no right of entry or use
of the Licensed Premises whatsoever.
II.
Licensed Premises
Subject to the tenns and conditions set forth in this Permit and the City Charter and ordinances, for and in
consideration of the covenants and promises expressed herein, the City does hereby agree to license to the
Developer during the Term Period and any applicable extension period the use of a portion of Park, the exact
location and boundaries of which are depicted in Exhibit E, which is attached hereto and incorporated herein for
the purpose of constructing and installing the stone drainage improvements in conformance with the CFA,
which are depicted in Exhibit B-1 of the CFA, and fulfilling the terms of this Permit ("Licensed Premises").
III,
Consideration
Developer's construction and installation of the storm drainage improvements in conformance with the CFA,
along with the payment of a license fee of Five Thousand Dollars $5,000.00 shall serve as sufficient
consideration for the use of the Licensed Premises.
IV.
Acceptance of Licensed Premises
The Developer takes all portions of the Tenn and all appurtenances in "AS IS" condition without any express or
implied warranty on the part of the City. The Developer accepts the Licensed Premises in their present
condition, finds them suitable for the purposes intended, and further acknowledges that Developer is thoroughly
familiar with such condition by reason of personal inspection and does not rely on any representations by the
City as to the condition of the Parkland or their suitability for the purposes intended. The Developer accepts the
Licensed Premises subject to any and all previously recorded easements that may have been granted on, along,
over under, or across said property, and releases the City from any and all damages, claims for damages, loss, or
liabilities that may be caused to invitees, licensees, or trespassers by reason of the exercise of such rights or
privileges granted in said easements. The Developer's taking possession of the Parkland shall be conclusive
evidence that: (a) the Parklands are suitable for the purposes and uses for which same are licensed; and (b) the
Developer waives any and all defects in and to the Parkland and all the appurtenances thereto. The City shall
not be liable to the Developer, its agents, employees, contractors, subcontractors, invitees, licensees, or
euests for any damat[e to any person or property due to the acts or omissions of the Developer, its asents.
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Trails of Fossil Creek — Magma Drive Page 3 of 34
em`blovees, contractors. or subcontractors. unless such damage is caused by the gross negligence or willful
misconduct of City or its agents, employees, separate contractors, or subcontractors.
V.
Use Not Exclusive
This Permit and all rights granted to Developer 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 and the
Parkland 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 Developer s use of the Parkland as provided herein This Permit does not
establish any priority for the use of the Park or the Licensed Premises by the Developer 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 or the
Parkland, 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.
VI.
Limitations on Use
A) The Developer may not initiate any construction on the Park (including, but not limited to, any
excavation work) until the Developer has attended a pre -construction meeting with the City (as set forth below).
B) The Developer shall schedule a pre -construction meeting with City staff in the City's Parks and
Community Services Department ("Department") at least three (3) business days prior to initiating any
construction on or near the Parkland (including, but not limited to, any excavation work). The pre -construction
meeting shall be for purposes of outlining Developer's plans and schedules regarding the following* (i)
construction and installation of the storm drainage improvements, (ii) minimizing construction impact on
vegetation and the Park, in general, and (ii) restoration of all affected parkland and amenities.
VII.
Public Safety
A) Developer shall be solely responsible for initiating, maintaining, and supervising all safety precautions
and programs in connection with Developer's use of the Park.
B) The Developer shall maintain silt fence and orange safety fence along the perimeter of the Licensed
Premises during the Term Period. Following installation of the safety fencing, the Developer shall contact the
Department to inspect for proper installation. The Developer shall have the temporary construction access
entrance into the Licensed Premises closed with chain link or other materials, as approved by the Department
to keep the Licensed Premises secure during construction
C) Developer shall also take all reasonably necessary precautions and shall provide all reasonably necessary
protection to prevent damage, injury, or loss to (a) all persons accessing portions of the Park on which any
construction is being performed by or on behalf of the Developer; (b) all work performed on or from the
Licensed Premises and all materials and equipment to be incorporated therein that are under the care, custody,
or control of the Developer, or the Developer s employees, agents, contractors, or subcontractors, regardless of
whether such material and equipment is stored on or off the Licensed Premises; and (c) other property on or
adjacent to the Licensed Premises.
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Trails of Fossil Creek — Magma Drive Page 4 of 34
D) The Developer shall be required to apply for all necessary permits to ensure that installation, equipment,
and materials meet the requirements of the City's Planning and Development Department and Department.
Staff from both departments shall be entitled to inspect the work prior to, during and after the installation
process.
VIII.
Protection of the Environment
A) The City has no knowledge of any Hazardous Materials on, under, over, or about the Park or the
Parkland as of the execution date of this Permit and hereby represents and warrants that it shall not knowingly,
nor permit any third party to, use handle, or store any Hazardous Materials on, under, over, or about Park or the
Parkland in violation of any applicable laws. Developer shall not handle or store any Hazardous Materials on
the Premises or the Park, except that the Developer may, in compliance with applicable environmental laws, use
and store Hazardous Materials in such amounts and types that are commonly used in connection with similar
operations, provided, however, that Developer specifically agrees to remove any and all such Hazardous
Materials on or before the final day of the Term Period or any extended License Period. Developer shall not
introduce, use, generate, store, accept, or dispose of on, under, or about, transport across, or permit to exist on
the Licensed Premises or the Park any "treatment, storage or disposal facility" or "underground storage tank, ' as
those terms are defined under applicable environmental laws. For purposes of this Pe>,>nit, "Hazardous
Materials" shall mean potentially dangerous hazardous wastes, toxic substances, or related materials, including,
but not limited to, pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or other fuels (including
crude oil or any fraction or derivative thereof); underground storage tanks, and substances considered
hazardous, toxic, or the equivalent pursuant to applicable laws Any Hazardous Materials used by the
Developer on the Licensed Premises shall be posted on site and a list shall be given to City.
B) Developer shall take commercially reasonable steps to avoid creating or aggravating any condition at the
Park or the Licensed Premises that could present a threat to human health or to the environment
IX.
Documenting Condition of Licensed Premises
Developer must provide the Department with videographic documentation of the condition of the Licensed
Premises, including underground utilities as they exist both before and after installation of the storm drainage
improvements All such video must include a visible date and time stamp indicating when the videography
occurred. Developer must submit documentation of the pre -installation condition at least five (5) business
days prior to the date on which the Term Period will commence under Section B of this Permit. Post -
installation documentation must be submitted no later than five (5) business days after the last day of the Term
Period. Department staff will distribute copies of the documentation to all appropriate City personnel to
determine whether any damage has been done to the Licensed Premises.
X.
Minimizing Impact to Vegetation
A) Developer shall not cut or remove any trees on the Licensed Premises. To minimize damage during
construction the Developer shall, prior to beginning any work under this Permit, install orange mesh fencing on
the outside drip line of trees and other vegetation specifically identified by the Department at a pre -construction
meeting and as outlined in accordance with Exhibit F, which is attached hereto and incorporated herein for all
purposes. Developer shall notify this Department once the tree and vegetation protection measures have been
installed and allow the Department an opportunity to inspect the work before construction begins. The City
shall have at least two (2) business days following the date on which notice is received to conduct its inspection
The Developer may begin construction on or after the third (3rd) business day following the date on which it
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Trails of Fossil Creek — Magma Drive Page 5 of 34
provided notice to the City unless the City contacts the Developer and identifies specific issues that render the
tree and vegetation protection measures unacceptable.
B) Developer shall ensure that tree protection fencing remains in place throughout the Term Period or any
extended License Period. At no time shall any tree be damaged or removed. If any tree within the Park is
damaged in connection with Developer's operations, Developer agrees to undertake remediation efforts,
including paying of remediation costs, in accordance with Exhibit G, which is attached hereto and incorporated
herein for all purposes. Any fencing shall remain in place until such time as the Licensed Premises are restored
pursuant to the tetins of this Permit.
C) There shall be no dumping of materials within the Park. All storage of materials shall be on the
developers property
XI.
Minimizini Impact to Utilities
A) If the Developer encounters any utility infrastructure (including, but not limited to, electric lines,
waterlines, sewer lines, stoiun drains and lines, or gas lines) in the course of installing the storm drainage
improvements, the Developer covenants and agrees to cease construction operations and install protective
matting over or around such utilities in compliance with specifications approved by the City's Water
Department (for all water -related utilities) or by the Department of Parks and Community Services
("Department") (for all other utilities). Following installation of the matting, Developer shall contact the
Department to arrange for inspection and approval by appropriate City personnel.
B) The Developer shall provide the Department with a copy of the City's inspection report within twenty-
four (24) hours of receiving the report and prior to resuming construction in the Park. The Developer may
resume construction on the next day after the date on which it provides the inspection report and specifications
to the Department unless that department contacts the Developer and identifies specific issues that must be
addressed
XII.
Restoration of Improvements
To the extent any property fence, or other improvement is destroyed, removed, or altered in connection with the
Developer's activities under this Permit, as deteiinined at the sole discretion of Director of the Department
and/or his or her designee (` Director' ), the Developer shall, prior to the expiration of the Term Period or
applicable extension period, reconstruct and restore such improvement in a good and workmanlike manner to a
condition that is equal to or better than the one in which such improvement existed as of the date this Permit is
fully executed, as evidenced by the pre -installation video required under Section IX of this Permit. Any
restoration required under this section must be completed by the Developer and inspected and approved by the
Director prior to the expiration of the Term Period or the Term Period will be extended per Section I.
XIII.
Restoration of Surface and Subsurface of Licensed Premises
A) To the extent any portion of the surface or subsurface of the Licensed Premises or of the Park is
damaged or disturbed in connection with Developer's activities under this Permit, as determined at the sole
discretion of the Director, the Developer shall ensure any subsurface area is promptly filled with clean fill dirt
up to the level of the surrounding ground. Developer shall ensure any fill dirt is compacted to a minimum 90%
compression ratio and in accordance with all applicable laws. Developer shall provide the City with a report or
other written documentation acceptable to the Director to demonstrate that compaction was performed in
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Trails of Fossil Creek — Magma Drive Page 6 of 34
accordance with this section In performing earthwork in the Park or Licensed Premises, the Developer shall
adhere to the policies outlined in Exhibit H, which is attached to this Penniit and incorporated herein for all
purposes.
B) Developer shall restore the surface of the Licensed Premises by doing the following* (i) establishing
replacement turf of grass in accordance with the specifications outlined in the attached Exhibit I and using
reseeding, sodding, or other method approved by the Director one week prior to the expiration of the Tenn
Period or applicable extension period; and (ii) watering these areas as needed until the replacement vegetation is
reasonably established and has been approved and accepted by the Director. Prior to planting Developer shall
provide the Director with documentation certifying the type and quality of the materials to be planted. The
Director may, in exercise of its reasonable discretion, reject any plant material that does not meet the
requirements of this section or Exhibit I or is otherwise unacceptable for one or more specific, clearly identified
reasons.
C) Any restoration required under this section must be completed by the Developer and inspected and
approved by the Director prior to the expiration of the Term Period or the Term Period will be extended per
Section I.
XIV.
Discretionary Limited Access to Care for and Establish Vegetation
A) Developer may request limited access to the Licensed Premises to water, care for, and establish
replacement vegetation required under Section XIII ( `Limited Access"). A request for Limited Access must be
made in wnting and delivered to the Department at least two weeks prior to the expiration of the Term Period or
extended License Period. Replacement vegetation or seed must be in place at the time the request is made.
B) Director may, in its reasonable discretion, authorize Limited Access for a period not to exceed two
weeks from the expiration of the Term Period. During the Limited Access period, no Developer materials or
equipment may remain on the Licensed Premises with the exception of irrigation directly involved in irrigation
and temporary fencing used to protect areas being restored. Developer's use of the Licensed Premises under
Limited Access in accordance with this Section shall not invoke any additional extended Term Period beyond
that which already exists at the time that Limited Access is granted.
XV.
Removal of Excavated Materials
Developer shall ensure that spoils and all excess material excavated by or for Developer is removed from the
Park and properly disposed of within twenty-four (24) hours.
XVI.
Liability: Indemnification
A) Developer agrees to pay City for all damages suffered or incurred by City as a result of any operations
conducted for or by Developer, its agents, employees or representatives, including all damage or injury to
standing or fallen timber, buildings, fences, equipment, and all other property, whether real or personal.
Developer shall assume all responsibility and liability for any damages (whether for property loss or damage or
personal injury or otherwise) arising out of, resulting from, or connected to the construction, installation, or
maintenance of the retaining wall and drainage improvements
B) GENERAL INDEMNIFICATION. DEVELOPER COVENANTS AND AGREES TO AND
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Trails of Fossil Creek — Magma Drive Page 7 of 34
D o ES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY
FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES
OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO,
ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES,
LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO,
THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS'
COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR
PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS,
OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING
FROM ANY ACTS, ERRORS, OR OMMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS,
EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, AND TRESPASSERS IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR
NONPERFORMANCE OF THIS PERMIT DEVELOPER LIKEWISE COVENANTS AND AGREES
TO, AND DOES HEREBY, INDEMNIFY DEFEND, AND HOLD HARMLESS CITY FROM AND
AGAINST ANY AND ALL INJURIES, DAMAGE, LOSS, OR DESTRUCTION TO PROPERTY OF
CITY DURING THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS
PERMIT. HOWEVER, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT
EXTEND TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR
ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND, IN THE EVENT
OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH THE DEVELOPER AND THE CITY,
RESPONSIBILITY AND LIABILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS NOTHING HEREIN SHALL BE
CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER
PROVIDED BY THE LAWS OF THE STATE OF TEXAS.
C) ENVIRONMENTAL INDEMNIFICATION. DEVELOPER DOES HEREBY RELEASE,
INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, EMPLOYEES, AND VOLUNTEERS FROM AND AGAINST ANY
AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL
ENVIRONMENTAL REQUIREMENTS RESULTING FROM ANY WORK UNDER THIS
AGREEMENT.
D) Developer covenants and agrees that City shall no way or under any circumstances be responsible
for any property belonging to Developer, its members, employees, agents, contractors, subcontractors,
invitees, licensees, or trespassers that may be stolen, destroyed, or in any way damaged, AND
DEVELOPER HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY FROM ANY AND ALL
SUCH CLAIMS. City does not guarantee police protection and will not be liable for any loss or damage
sustained by Developer, its members, employees, agents, contractors, subcontractors, invitees, licensees,
or trespassers on any of the Premises.
E) Developer agrees that City shall not be liable for any loss, injury, or damage whatsoever suffered
or incurred by Developer or Developer's agents, employees or representatives in the performance of this
Permit, unless caused by the City's willful or gross negligence.
F) If any action or proceeding shall be brought by or against the City in connection with any such liability
or claim, Developer, on notice from City, shall defend such action or proceeding, at Developer's expense, by or
through attorneys reasonably satisfactory to the City.
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Trails of Fossil Creek — Magma Drive Page 8 of 34
G)° Developer agrees to and shall release City from any and all liability for injury, death damage, or loss to
persons or property sustained or caused by Developer in connection with or incidental to performance under this
Permit.
H) This section shall survive the expiration or termination of this Permit
XVII.
Prohibition Against Liens
The Developer shall not do any act or make any contract that may be purported to create or be the foundation of
any lien on or any interest in the Licensed Premises or the Park. Any such act, contract, or lien attempted to be
created shall be void. Should any purported lien on the Licensed Premises be created or filed, the Developer
shall, at its sole expense, liquidate and discharge same within ten (10) business days after notice from the City to
do so
XVIII.
Miscellaneous
A) Independent Contractor - It is expressly understood and agreed that Developer shall operate as
independent entity in each and every respect hereunder and not as an agent, representative, or employee of the
City Developer shall have the exclusive control and the exclusive right to control all details and day-to-day
operations and activities relative to operation of the Developer and shall be solely responsible for the acts and
omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees.
Developer acknowledges that the doctrine of respondent superior shall not apply as between the City and
Developer, its officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees. Nothing
contained in this Permit shall be construed as the creation of a partnership or joint enterprise between the City
and Developer.
B) Prohibition Against Assignment - The Developer may not sell, assign, or otherwise transfer any of its
rights or obligations under this Permit without the prior, written consent of the City. Any such attempted
assignment without the City's consent shall be void.
C) Compliance with Laws and Regulations
(i) In operating under this Permit, Developer agrees to comply with all applicable federal, state, and
local laws, regulations, and ordinances, including all City ordinances, charter provisions, rules, and regulations.
(ii) Developer will not knowingly do or suffer to be done anything on said Licensed Premises during
the terms of this Penult in violation of the laws, statutes, ordinances rules, regulations, charter provisions,
directives or requirements referenced in this Permit If the City calls the attention of Developer to any such
violation on the part of said Developer or any person employed by or admitted to said Licensed Premises by
Developer, Developer will immediately (or otherwise as soon as reasonably possible) desist from and correct
such violation and/or vacate the Licensed Premises.
D) Taxes - The Developer acknowledges and agrees that it shall be solely responsible for paying all taxes
assessed or imposed by any governmental entity in connection with the use of the Licensed Premises or other
City property related to activities within the scope of this Permit.
E) Third Parties - Nothing in this Penult shall be construed in any manner to create a cause of action for the
benefit of any person not a party to this Permit, or to create any rights not otherwise existing at law for the
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benefit of any person not a party to this Permit. Nothing in this Permit shall be deemed to constitute a waiver of
any immunity or affirmative defense that may be asserted by Developer or the City as to any claim of any third
party.
F) Force Majeure; Homeland Security - 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 equivalent alert system that may be instituted by any agency
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
G) Headings - The section headings contained herein are solely for convenience in reference and are not
intended to define or limit the scope of any provision of this Permit.
H) Choice of Law; Venue - This Permit 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 Permit, venue for such action shall he in state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas - Fort Worth Division.
I) Governmental Powers - It is understood and agreed that by execution of this Permit, City does not waive
or surrender any of its governmental powers.
J) Authorization - By executing this Permit, Developer's agent affirms that he or she is authorized by the
Developer to execute this Permit and that all representations made herein with regard to Developer's identity,
address and legal status (corporation, partnership individual, etc.) are true and correct.
K) Entirety of Agreement - This instrument (including all attachments, schedules, and exhibits attached
hereto) constitutes the entire understanding and agreement of the City and Developer as to use of the Licensed
Premises and the Park. Any prior or contemporaneous oral or written agreement is hereby declared null and
void to the extent in conflict with the temms and conditions of this Permit. This Permit shall not be amended
unless agreed to in writing by both parties.
L) Conflict - To the extent that the terms of the CFA and this Permit conflict, this terms of this Permit shall
govern. To the extent that they do not conflict, the terms of the Permit will be in addition to any of the terms set
forth in the CFA.
SIGNATURE PAGE AND EXHIBITS TO FOLLOW
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Trails of Fossil Creek — Magma Drive Page 10 of 34
SECTION 3.
All other provisions of the CFA, which are not expressly amended or addended herein, shall remain in full force and
effect.
EXECUTED and effective as of the last date subscribed by a party hereto.
DEVELOPER
Pulte Homes of Texas, L P.
By: Pulte Nevada I, LLC
its general partner
Clint Vincent
Vice President of Land Development
Date: ,Cs
M&C No.: i/1
Date:
Approved as to Form & Legality:
4,
Dougls"GV. Black
Assistant City Attorney
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive
CITY OF FORT WORTH
Approved by City Manager's Office
Fernando Costa
Assistant City Manager
Date: 3/44//3
Recommended By:
Richard Zavala
girector, Parks and Community Services
ATT _ ST:
F
Mary J. Ka
City Secretary
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Cover No. PP-004-a4
Prollmbory Pict
TRALS OF FOSSIL CREEK
221.437 ACC OUT CF THE
K RCIOCR1304 SUINEY. ABSTRACT No. 1239
CITY OF rarT 110 114
TARAMIT CCItMTY, MAC
a
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Page 12 of 34
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L»103.67'
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C= 102.93
EXHIBIT A (PAGE 4 OF 4)
W. BONDS RANCH ROAD
020' R.O. W.)
1/2
R.F. $89'S0'00`E
135.22'rte NOTE: 1/2" IRON RODS SET FOR ALL
...--CORNERS, UNLESS OTHERWISE NOlF.C.
ii
N46'51'Ol ~E `..
267,1 4"-
te2s'33'12' POINT OF
Rs325.Ua' BEGINNING
Lit6i.95'
TM82.70'
0a-s52 07'49't
Ctn160.29
ui
z
en-n(9
En -
w i- _
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tin di
0 -J
0 0
w
DATE
4 /15/05
A=37141'12" V`
R= 325.00'
L=213.77'
T=110.91'
CB=' 419'O0'36`W
C=209.94
NO0'1 o'Oo"W
46.50'
Sag '50'00"W
110.00'
S84'42'44"W
25.10'
N0010' 00''W .�--
102.24'._--
S89'50'002'1
63.29'
t=160'20'09`
R=50.00'
L=139.92'
T=288.51'
C8 ==N46'52'07"W
0-98.53
DRAWN
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First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek - Magma Drive
PROJEC T
MY425
S 8 3-10' 20"E tFa 13'13' 30"
12:86' R=425.00'
L= 98.10*
--�� T'-49.27'
C8 =S25'a
Ctv97
f
pack Ntined m ran
MDHE TRAILS LIMITED PARTNERSHIP
INSTRUMENT P30, D205076 774
D.R. T.C. T.
0
}
S89'50'O0"W
110.00'
NO010100"W--- "
240.00'
S89'50'OO"W
84.72'
N0010'oo"W
100.14'
389'50400*W -
28.20'
i
PARKLAND DEDICATION
446,806 S.F. OR
10.257 ACRES
(BY THIS DOCUMENT)
S 1170017.0' 40'3"E
7
b=- 36'52' 12'
R==50.00'
L=32.18'
Tr--•16.67'
CB=SO0'51'37"E
u) C=31.62
a=36'52'12w
R=50.00'
L=32.18'
T=16.67'
CB=S37'43' 49"E
C=31,62
25'42'17"W
14.14'
S 7 O'42'17"W
135.41'
c= 19'07' 43"
R=270, 00'
L=90.14'
T=45.49'
CB=S8016'O9"W
C=89.72
Page 13 of 34
1}illll I
1IPI ir) ,' iPark ?tuId fhschcattcFt
IS ed
the ii- I<:tf,t::'isr?ij ::>urvct,
;,tnu CO II vCYCi
i .'.r; ai
it-/y. {'art of 3 1 q i
ICF:it ill-i, a5 €'Uc..rt?c, CC; as In
,.nd bowk, ftit'f;cr dV-SCn cd
.` CIfvl; at 1 2 inch. ire}tl rod i:t}inii r. the LA;( V . Rutrtt:= [Easrc s ay.td
t a. 1 ?i! font rl9 IiL it, 4'�.Cv}, saai ;'dint bein2 ttiC nortimagi c !", ri2C:f C>t .t tract `f !anti
%i.^7c i to 1;1 col! f I:1i d',:, ia;ts recorded 'n tI}3f C 6750, Tart { tllitlt�;'
00 c reel I .4 minute 00 ,. - nds East, ,i)t,
r.)i iiiC :;aiit I-t}*:sic I lili 'Slales ti' :] ti;,11;i thr corner
It NC
rt.
t' ;cconds Ea 1
t iint'
hers
FHF: CIE Snuthcastcrly. 1 tf.i,6 7 feet along a curve to the rggnt . a central angle of
23 det;ic:es 5 minute:, 5 seconds, a radius, of25U.00 lset, a tangent or52_i9 feet, and
whose chord bears South 7S degrees 17 rninulcs 12 seconds East, 102.93 feet to a point
fOr +: nti;
THENCE Southeasterly. '.61.96 feet along a curve to the right having a central angle of
2d deg,tees 33 minutes 12 seconds, a radius of 325 00 feu ;3 ii?Tiortt of 82.70 feet, unit
whose chord bears South 525 degrees 07 minutes 49 seconds East, 160.29 feet to a one-
half inch iron rod set f>t corner, said point beinr! the POINT I' OF BEGINNING of this
tract of land;
THI:. , ('f:. North 46 degrees 5 i minute,, ()I seconds irast, 07.14 feet to a one -hate ine,h
non rod Slit fi;r corner;
l H ':tie' _. Soul S3 degree;: 1 C1 minutes 7t} seconds East. 12.56 feet to a one-cali arch
iron rod set for corner;
T 1 IFNC1t, Southeasterly, 9S. 10 fee long a curve to the right having a coil tr d angle ili i i
uti revs 13 minutes 30 seconds, a radius of -125.00 feet, a tangent of ;49.- Bet. anti
seconds Fast, 9'7.SS feet to a one-hatf
.':hose chord heats South 25 degrees 54 minutes
ui.Ii iron rod set lbr cot-ler;
1f-1ENCx- South 19 del ces t 7 minutes 43 seconds Fist, 870.32
iron rod set for corner;
First Amendment and First Addendum to CSC 44084
Traits of Fossil Creek — Magma Drive
to a r;ne-half inch
Page 14 of 34
iron ''CSri ;et COE11Cr:
111
h 70 cie°r
;t 10r Corner;
1XI
C, t:t1 1'ai'rii t'E'ritt'a :ills'
! rrltrl'_lfes seconds !; ist. 41 .i.110
utlt irti:,h
41.1 + tce.t to a one II.,11
;t, 135.41 teat to :! :?re llait iitch
`+<,i00.14 loot along a cu v'C to the right havin
I4 tat t rc!°s C•. nliriitte:; '# i seconds, a r Oats of 270.00 feet, a tangent
%-ti itt; se chord `ears ``oi.tt;1 SO eo ces 16 rltil�utc.:; 09 secondsr�'t,si. 8s%.
`loll inch iron roil set for corner:
a central a;1;zle. t�1
:+; feel, tnd
tot( to :1 4`Ile-
TirrNCE South S9 degree, {3 rnuiute; tlii "ond Vest, 21.i ! 'cot to 3 ne-1::ICinCh
sea : ;t corner;
l ; 11 t " t 'porch Ut_l tl�`1 re�ea I() inintares t7f) seconds West. 1OO. 1�=# feet to a one-'ttaiFincli
rt rod set for C!wrier,
TF
South S''i) i, fTrc t ;a 0 n)JT lale.4 00 sCCOnds st. ;ti4
iror: roc, set 'i r corn,
11-114 NC'R North 00 (1c 1'c::s li) minute
i:ti'i rod set liar corner:
240 0(
? des revs ii? mirutcs 00 sc'.cn11tls West, 1 ] 0.00 icet to i on al
it a ono-h 4lf inch
it nMe-htaiit tech
it t Tod _et ,,,r coder:
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive
Page 15 of 34
' degrees f' minutes 12 s tall:Cf
1111-,,i
__,t.+ rum ores /•.'c oriels, US CH. `){1_EJ{! rLei. a
='hoi,'. itl_Yrti t3i-lr'; North } l new Les! [inures ;}, °C;<)t tl:s
lull inch iron refit !.
iron
if;.
iron rod set Lc+r come
11[E:`(•t-: Ni0rtl; ()tide
r )rl !l'U tiel li;r ci )rncr:
r
?t!tt'ti
r'es 1{1min
eeS
es 00 .4CCt)fl
( to :R i?tie h
feel 1t} ! one-na
lutes 0 scco id We, :t_ c-ISf).t)li tt
:t to a on
liE N _.E Youth ;9 degrees 5E) Hums es 00 i-i :cond.; West. 1 it.).t3C`) t.et
von rid
set for corner;
inures Cho seconds West, • 16.50 tees 10
iron r!id ;et for comer;
I NCE Northwesterly, sterly, 213.7 feet along a curve to the left having a
a ra_iiu5 of325.0O feet, a tangent of
nil bears North 19 degrees rl es 00 mir.ites .36 seconds West, 209.
)IN ts(?GINNING and containing, ii 46,806 squire feet or 1025;
EXHIBIT E.
LICENSED PREMISES,
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive
C11
oils;-tl
et ntrill
110.')I
94 feet
lures
inch
if it cPl
;al(' inch
iI illett
angle nI
feet, anti
to the
_i+ hind,
Page 16 of 34
1
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EXIST_
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PULTE HOMES OF TEXAS, L.P
(CALLED 35.285 ACRES)
DOC. NO. D212269394
LOT 20, BLOCK ...1\1/4
CITY PARKLAND
FLQODPLAIN tic:
UTILITY EASEMENT
C;AF3. A, PC. 10235
P.R.T.C,,T.
4
I
1
l
Lice i.sa Premises or
"Parlaand"
t\i#
TRAILS OF FOSSIL CREEX Ate}(
�■_� ■ • ■ �■ s_s ■ r-■
t� ICiA 1:: j; j rt * rc �a +; &' 1a10:a i; ,
MDC— THE TRAILS LIMITED PARTNERSHIP
(PART OF A CALLED 221.457 ACRE TRACT)
DOC. NO. 203444504
CONSTRUCT APPROX. 361 S.Y. OF 12"
THICK ROCK RIPRAP UNDERLAIN RY
6" THICK BEDDING YU
GEOTEXT1LE LINING
GRADE, SEED, AND
REVEGETATE 850 S,Y.
OF PARKLAND PER
CONSTRUCTION PLANS
INSTALL
5-9'X5' MBC
CONSTRU - APPROX.
THICK ROC RIPRAP
`E" THICK DDING Vi'
GEGTEXT1LE INING
OPEN SPACE
LOT 49, BLOCK T
PRIVATE OPEN SPACE
FLOODPLAIN EASEMENT
i
SCALE: 1 "=1 OO'
JBI Partners, Inc.
16301 Quort m Drive, Suite 2003
Addison, Texas 75001
Tel: 972-248-7676
Fax: 972-248-1414
LEGEND
TEMPORARY WORKSPACE
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive
560 S.Y. OF 12"
NDERLAIN BY
STORM DRAIN
EXHIBIT B-1
PLANS FOR THE CONSTRUCTION OF WATER,
PAYING, STREET LIGHTING, & DRAINAGE
IMPROVEMENTS
TO SERVE
TRAILS OF FOSSIL CREEK. MAGMA DRIVE
(D.O.E NO. 8931)
April 10, 2013 — SHEET 6
Page 17 of 34
EXHIBIT "F"
cm'OF PORT 00RTR, TIN S
) PARKS AND COMMUNITY
SERVICES DEPT.
6x6 Timber Matting
8" Matting of Mulch
DETAIL "A
N.T.S.
Tree protection fencing shall be orange
mesh or chain link and installed at the
edge of travel way
TREE ROOT PROTECTION DETAIL
SCALE: N.T.S.
FILE NO. 000
Page 18 of 34
EXHIBIT "G"
Damage to Trees: Remediation Costs
In the event of any damage to trees in connection with Company's operations, Company shall
comply with the following:
1. In General
The City Forester shall have the right to inspect any trees located on the Park for damage by
Company and, if applicible, will classify damage to trees as slight, moderate, or severe as
desci ibed below.
1.1 Standards for Measuring.
Branches shall be measured at the point of attachment or at the lateral to which the branch would
be pruned back under ANSI standards. Tree caliper shall be measured according to accepted
industry standards. Trees greater than 6" in caliper shall be measured using diameter at beast
height (DBH)
2.1. Slight Damage:
Slight damage shall be defined as damage that. in the opinion of the City Forestei, can be
reasonably anticipated to heal. Examples include, but are not Limited to, (i) scarring of the trunk
into the cambial layer of up to 2" in width but Less than 1/3 trunk circumference; and (ii)
breaking of limbs that are less than 2" in diameter and less than 1/3 of the trunk caliper.
Remediation costs shall be assessed at a rate of $100.00 for each instance of slight damage.
2.2. Moderate Damage:
Moderate damage shall be defined as damage that, in the opinion of the City Forester, can
reasonably be anticipated to contribute to poor health and slight to moderate reduction in
longevity of the tiee. Examples include, but aie not limited to, (i) scarring of the trunk into the
cambial layer greater than 2' in width but less than 1/3 trunk circumference ; and (ii) breaking of
limbs more than 2' in diameter but less than 1/3 of the trunk caliper.
Remediation costs shall be assessed for each instance of moderate damage at the following rates:
(i) for any tree that is more than 20 inches in caliper, the greater of:
(A) one—half of the estimated value of the tree or
(B) $300 00 per caliper inch;
(ii) for any tree that is less than 20 inches in caliper, $300.00 per caliper inch.
2.3. Severe Damage:
Severe damage shall be defined as damage that, in the opinion of the City Forester, can
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive Page 19 of 34
reasonably be anticipated to contribute to a severe reduction in longevity of the tree or otherwise
characterized as a catastrophic injury to the tree Examples include, but are not limited to, (i)
scarring of the trunk to the cambial layer greater than 1/3 the trunk circumfe►ence; (ii) uprooting
a tree or causing a tree to lean; (in) damage to a scaffolding branch or to a branch greater than
1/3 of trunk caliper; and (iv) removal of a tree.
Remediation costs shall be assessed for each instance of severe damage at the following rates:
(i) for any tree that is twenty-five (25) inches or less in caliper, the appraised value of the
tree;
(ii) for any tree greater than twenty-five (25) inches in caliper, twice the appraised value
of the tree.
3.1. Payment of Remediation Costs
Company shall make payment for any such damages and must plant replacement trees for
se\ eiely damaged trees at a location to be determined by the Parks and Community Services
Department. Replacement shall be made on caliper -inch -pet -caliper -inch basis with a minimum
size replacement tree of 2" in caliper. Company shall be responsible foi the planting watering,
mulching and maintenance of replacement trees for a period of not less than 2 years. Any tree
that does not survive the 2 year establishment period shall be compensated for by the Company
to the Parks and Community Services Department at a ►ate of $200 per caliper inch.
3.2. Applicability of City's Tree Ordinance
Remediation costs assessed hereunder constitute contractual damages intended to compensate the
Parks and Community Services 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.
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive Page 20 of 34
EXHIBIT "H"
SECTION 02300 - EARTHWORK
PART 1 -GENERAL
1.01 SCOPE• Work in this section includes furnishing all labor, materials, equipment, and services required
to construct, shape, and finish earthwork to the required lines, grades, and cross sections as specified
herein and on the plans.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. Section 02200 - Site Preparation.
B. Grading Plan: Refer to plan sheets.
1.03 METHOD OF PAYMENT Earthwork is a necessary and incidental part of the work. The total cost
will be included in the Bid Proposal. Payment will be made on a Lump Sum basis only.
PART 2 - PRODUCTS
2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation unless
separately designated, within the limits of the work. Unclassified excavation includes all material
encountered regardless of its nature or the manner in which it is to be excavated.
2,02 UNCLASSIFIED FILL
A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native materials
removed in unclassified excavation, or similar imported materials, shall be used insofar as
practicable as unclassified fill. Properly deposited, conditioned, and compacted fill is hereinafter
referred to as "earth embankment "
B.
Rock: Minor quantities of rock not greater than four inches in greatest dimension are
permissible in fill materials used to construct earth embankment. Minor quantities of rock of
greater dimensions may be placed in the deeper fills in accordance with the State Department of
Highways and Public Transportation requirements for construction of rock embankments,
provided such placement of rock is not immediately adjacent to structures or piers. Also, rock
may be placed in the portions of embankments outside the limits of the completed graded width
where the size of the rock prohibits their incorporation in the normal embankment layers.
2.03 TOPSOIL
On -Site Topsoil: Topsoil shall consist of an average depth of six inches (6") of native surface soil left in
place after the ground cover of herbaceous vegetation and other objectionable matter has been cleared by
'blading," as specified in Section 02200, "Site Preparation " Topsoil may be greater or less, than the
upper six inches (6") in depth.
2.04 IMPORTED FILL
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive Page 21 of 34
A. Imported fill materials shall be used for the construction of earth embankment in the event that
(1) the volume of unclassified excavation is less than the volume of fill required for earth
embankment and/or (2) the condition of materials removed in unclassified excavation makes
them unsuitable for use in the construction of earth embankment
B. The Contractor shall haul and place imported fill obtained from off -site sources as necessary to
construct the embankment and various other details of the construction plans. All costs related to
such imported fill will be included in the contract price, and no additional or separate payment
for imported fill will be due the Contractor.
C. A sample of the proposed imported fill must be provided by the Contractor and be approved by
the Owner In general, imported material must be equal to or better than native material in
quality and engineering characteristics. The Architect/ Engineer may also require the Contractor
to provided a material analysis test of the proposed fill.
2.05 SELECT MATERIALS
A. Select materials shall be imported from offsite sources unless they are available from
specifically designated areas on the site as marked on the plans.
2.06 UNSUITABLE MATERIALS
A. Topsoil, select material, imported fill, or unclassified fill will be declared as 'unsuitable" by the
Owner if, in his opinion, any of the following conditions or matter and particles are present to a
degree that is judged detrimental to the proposed use of the material.
1. Moisture
2. Decayed or undecayed vegetation
3. Hardpan clay, heavy clay, or clay balls
4. Rubbish
5. Construction rubble
6. Sand or gravel
7. Rocks, cobbles, or boulders
8. Cementious matter
9. Foreign matter of any kind
B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200.
Wet Material: If fill material is unsatisfactory for use as embankment solely because of high
moisture content, the Architect/Engineer may grant the Contractor permission to process the
material to reduce the moisture content to a usable optimum condition.
PART 3 - EXECUTION
3.01 SITE PREPARATION: In general, "site preparation, ' as specified in Section 02200, shall be perfonnied
in advance of grading and earthwork operations and shall be completed over the entire area of earthwork
operations
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive Page 22 of 34
3.02 TOPSOIL
A. The removal and storage of topsoil shall occur after site preparation is complete and before
excavation and embankment construction begin. Likewise, topsoil will be replaced after
excavation and embankment construction are complete.
B. Removal: Topsoil shall be stripped to an average depth of six inches (6") from areas where
excavation and embankment construction are planned. Topsoil may be obtained from greater
depths if it is uncontaminated by the substratum and it is of good quality, in the opinion of the
Architect/Engineer.
C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will later receive
the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by
the Owner or Architect/Engineer. Stored topsoil shall be kept separate from other excavated
materials and shall be protected from contamination by objectionable materials that would render
it unsuitable.
D. Timing: Topsoil will not be replaced (deposited) until construction activities are complete that
would create undesirable conditions in the topsoil, such as overcompaction or contamination.
Trenching for items such as electrical conduit and irrigation pressure lines must be complete
before topsoil replacement may begin.
D. Replacement• Topsoil will be deposited in a single layer or lift. It will be placed, processed,
compacted, and graded to leave a finished layer of topsoil not less than five inches in depth.
Unless otherwise indicated, topsoil will be replaced over all areas of earthwork (including
slopes), except where pavement is planned.
F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine grading will be
accomplished with a weighted spike harrow, weighted drag, tractor box blade, light maintainer,
or other acceptable machinery. All particles of the finish grade shall be reduced to less than one
inch in diameter or they shall be removed. All rocks of one inch or greater shall also be
removed. Grading operations and equipment will be such that topsoil does not become
overcompacted. Bulldozer blades and front-end loader buckets are not acceptable devices for
topsoil grading operations. Final grading within five feet of constructed or installed elements
shall be hand raked
G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in
plane, even in gradient (slope), uniform in surface texture, and of normal compaction. Areas of
loose granular pockets or of overcompacted soils are not acceptable and will be reworked.
Finished areas will promote surface drainage and will be ready for turfgrass planting.
3.03 UNCLASSIFIED EXCAVATION
A. All excavated areas shall be maintained in a condition to assure proper drainage at all times, and
ditches and sumps shall be constructed and maintained to avoid damage to the areas under
construction
B. Surplus Material:
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive
Page 23 of 34
1. Surplus excavation is that quantity of material that may be left over after the grading plan
is executed, and all earthwork operations, including excavation, embankment
construction, topsoil replacement, and final grading, are completed. Any other surplus
material shall be disposed of as "waste" as specified in Section 02200. All such cost for
removal shall be considered as incorporated into Earthwork costs
C. Excavation in Rock* The use of explosives will not be permitted. Unless otherwise indicated on
the plans, excavation in solid rock shall extend six inches (6") below required subgrade
elevation for the entire width of the area under construction and shall be backfilled with suitable
materials as indicated on the plans.
3.04 EARTH EMBANKMENT
A. Earth embankment is defined as embankment composed of suitable materials removed in
unclassified excavation and/or imported fill. The construction of embankment includes
preparing the area on which fill is to be placed and the depositing, conditioning, and compaction
of fill material.
B. General: Except as otherwise required by the plans, all embankment shall be constructed in
layers approximately parallel to the finished grade of the graded area, and each layer shall be so
constructed as to provide a uniform slope as shown on the grading plan. Embankments shall be
constructed to correspond to the general shape of the typical sections shown on the plans, and
each section of the embankment shall correspond to the detailed section or slopes established by
the drawings. After completion of the graded area, embankment shall be continuously
maintained to its finished section and grade until the project is accepted.
C. Preparation* Prior to placing any embankment, all preparatory operations will have been
completed on the excavation sources and areas over which the embankment is to be placed. The
subgrade shall be proof rolled to detect soft spots, which if exist, should be reworked. Proof
rolling shall be performed using a heavy pneumatc tired roller, loaded dump truck, or similar
piece of equipment weighing approximately twenty five (25) tons except as otherwise specified
for tree protection and areas inaccessible to vehicular compactors. Stump holes or other small
excavations in the limits of the embankments shall be backfilled with suitable material and
thoroughly tamped by approved methods before commencing embankment construction. The
surface of the ground, including plowed, loosened ground, or surfaces roughened by small
washes or otherwise, shall be restored to approximately its original slope by blading or other
methods, and where indicated on the plans or required by the Owner, the ground surface, thus
prepared, shall be compacted by sprinkling and rolling.
D. Scarification: The surface of all areas and slopes over which fill is to be placed, other than rock,
shall be scarified to a depth of approximately six (6") inches to provide a bond between the
existing surface and the proposed embankment Scarification shall be accomplished by plowing,
discing, or other approved means. Prior to fill placement, the loosened material shall be adjusted
to the proper moisture content and recompacted to the density specified herein for fill.
E Benching Scarification is normally adequate for sloping surfaces. However, in certain cases
where fill is to be placed against hillsides or existing embankment with slopes greater than 4:1,
the Owner may direct the Contractor to key the fill material to the existing slopes by benching. A
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive Page 24 of 34
minimum of two feet (2') normal to the slope shall be removed and recompacted to insure that
the new work is constructed on a firm foundation free of loose or disturbed material.
F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread, not to exceed
eight (8") inches in loose depth before conditioning and compaction. Unless otherwise
permitted, each layer of fill material shall cover the length and width of the area to be filled and
shall be conditioned and compacted before the next higher layer of fill is placed. Adequate
drainage shall be maintained at all times.
G. Watering: At the time of compaction the moisture content of fill material shall be such that the
specified compaction will be obtained, and the fill will be firm, hard, and unyielding. Fill
material which contains excessive moisture shall not be compacted until it is dry enough to
obtain the specified compaction.
H. Compacting Each layer of earth fill shall be compacted by approved tamping or sheepsfoot
rollers, pneumatic tire rollers, or other mechanical means acceptable to the Owner Hand -
directed compaction equipment shall be used in areas inaccessible to vehicular compactors.
I. Grading: Embankments shall be constructed in proper sequence and at proper densities
for their respective functions. All embankment serves in one capacity or another as
subgrade (e g., under topsoil, under concrete and asphalt pavement, under structures,
etc.). Accordingly, the upper layer of embankment shall be graded to within plus or
minus 0.10 foot of proper subgrade elevation prior to depositing topsoil, and prior to the
construction of pavements, slabs, etc.
3.05 DENSITY CONTROL
A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a minimum of
ninety percent (90%) of Standard Density ASTM D698 with plus four percent (4%) or minus
two percent (2%) percentage points of optimum moisture content
B. Earth Embankment Under Structures and Pavement The top six (6') inches of natural earth
comprising the subgrade for structural slabs or for areas of pavement shall be ninety five percent
(95%) to ninety eight percent (98%) of Standard Density ASTM D698 with the moisture content
at minus two percent (2%) to plus four percent (4%) of optimum moisture content
3.06 MOISTURE MAINTENANCE' The specified moisture content shall be maintained in all embankments
that are to function as subgrade for structures, areas of pavement, or for select embankment After
completion of the embankment, the Contractor shall prevent excessive loss of moisture in the
embankment by sprinkling as required Loss of moisture in excess of two percent (2%) below optimum
in the top twelve inches (12") of the fill will require that the top twelve inches (12') of the embankment
be scarified, wetted, and recompacted prior to placement of the structure, select fill or pavement If
desired the Contractor may place an asphalt membrane of emulsified or cutback asphalt over the
completed embankment and thus eliminate the sprinkling requirement.
3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or damage to
the subgrade. If any of the subgrade is rutted, damaged or displaced it shall be restored prior to placing
topsoil Topsoil shall be replaced as specified herein per Item 3 02.
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive Page 25 of 34
END OF SECTION
EXHIBIT "I"
SECTION 02930 - SEEDING
PART 1 - GENERAL
1.01 DESCRIPTION
A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans.
B Related Work Specified Elsewhere: Section 02300, Earthwork.
1.02 REFERENCE STANDARDS
A. Standardized Plant Names
1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature,
Second Edition, 1942.
2. For native materials
a. Manual of the Vascular Plants of Texas by Correll and Johnston
b. Check List of Vascular Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller
B. Texas Highway Department* Standard Specifications for Construction, Item 164,
"Seeding for Erosion Control" and Item 180, "Wildflower Seeding"
1.03 SUBMITTALS
A. Seed
1. Vendors certification that seeds meet Texas State seed law including:
a. Testing and labeling for pure live seed (PLS)
b. Name and type of seed
2. If using native grass or wildflower seed, seed must have been harvested within one
hundred (100) miles of the construction site.
3. All seed shall be tested in a laboratory with certified results presented to the City, in
writing, prior to planting.
4. All seed to be of the previous season's crop and the date on the container shall be within
twelve months of the seeding date.
5. Each species of seed shall be supplied in a separate, labeled container for acceptance by
the City.
B. Fertilizer
1. Unopened bags labeled with the analysis
2. Conform to Texas fertilizer law
1.04 JOB CONDITIONS
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Trails of Fossil Creek — Magma Drive Page 26 of 34
•
Planting Season: The season varies according to species (see Part 2 -Products). Do not seed
when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour.
B. Schedule After All Other Construction and planting is complete.
C. Protect and Maintain Seeded Areas
1. From erosion
2. From traffic and all other use
3. Until seeding is complete and accepted
1.05 QUALITY CONTROL
The contractor who plants the seeds, whether the general contractor or a subcontractor, is responsible for
daily supervision of his crew, and for the planting and maintaining of seedlings until acceptable, viable
growth is achieved and the project accepted by the City.
PART 2 - PRODUCTS
2.01 MATERIALS
A.
Seed
All seed shall be planted at rates based on pure live seed (PLS =purity x
germination) per acre.
Substitution of individual seed types due to lack of availability shall be made only by the City at
the time of planting. The Contractor shall notify the City, prior to bidding, of difficulties locating
certain species. Only those areas indicated on the plans and areas disturbed by construction shall
be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Any
adjustment of area location by the City shall be considered incidental and shall not entitle the
Contractor to additional compensation.
Weed seed shall not exceed ten percent (10%) by weight of the total of pure live seed (PLS) and
other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed.
The seed shall be clean, dry and harvested within one year of planting.
1. Non-native grass seed shall consist of:
If planted between April 15 and September 10:
Lbs./Acre Common Name Scientific Name Purity Germination
25 Bermuda (unhulled) Cynodon dactylon
75 Bermuda (hulled) Cynodon dactylon
85%
95%
Substitute the following if planted between September 10 and April 15:
220 Rye Grass Lolium multiflorum 82%
40 Bermuda (unhulled) Cynodon dactylon 84%
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive
90%
90%
80%
85%
Page 27 of 34
2 Native Brass seed - The seed shall be planted between February 1 and October 1 and
shall consist of:
Lbs PLS/Acre
1.6
5.5
3.7
17.0
1.8
0.5
6.0
8.0
1.2
18
10.0
Common Name
Green Sprangletop
Sideoats Grama*
Little Bluestem*
Buffalograss
Indian Grass*
Sand Lovegrass*
Big Bluestem
Eastern Grama
Blue Grama
Switchgrass
Prairie Wildrye*
Botanical Name
Leptochloa dubia
Bouteloua curtipendula
Schizachyrium scoparium
Buchloe dactyloides
Sorghastrum nutans
Eragrostis trichodes
Andropogon gerardii
Tripscacum dactyloides
Bouteloua gracilis
Panicum virgatum
Elymus canadensis
*These grasses are not to be planted within ten feet of a road or parking lot or within
three (3) feet of a walkway.
3 Wildflower seed - All wildflower seeds are to be hand broadcast, (see 3.02,A). The seed
shall be planted between March 5 and May 31 or between September 1 and December 1
and shall consist of:
Lbs PLS/Acre
3.0
5.0
2.0
3.0
13.4
13.6
2.0
8.0
8.0
2.0
180
2.0
3.0
2.0
8.0
Common Name
Bush Sunflower
Butterfly Weed
Clasping Coneflower*
Golden - Wave
Illinois Bundleflower
Partridge Pea
Prairie Verbena
Texas Yellow Star
Winecup
Black-eyed Susan
Cutleaf Daisy
Obedient Plant
Pitcher Sage
Plains Coreopsis
Scarlet Sage
Botanical Name
Sinsia cah a
Asclepias tuberosa
Rudbeckia amplexicaulis
Coreopsis basalis
Desmanthus illinoensis
Cassia fasciculata
Verbena bipinnatifida
Lindheimeri texana
Callirhoe involcrata
Rudbeckia hirta
Engelmannia pinnatifida
Physostegia intermedia
Salvia azurea
Coreopsis tinctoria
Salvia coccinea
*These wildflowers are not to be planted within ten feet of a road or parking lot or within
three feet of a walkway.
4. Temporary erosion control seed
When specified on the plans, temporary control measures shall be performed. These
measures shall consist of the sowing of cool season plant seeds and the work and
materials as required in this section.
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive Page 28 of 34
B. Mulch
1. Mulch should be designed for use with conventional mechanical or hydraulic
planting of seed, either alone or with fertilizer.
2. Mulch should be wood cellulose fiber produced from virgin wood or recycled
paper -by-products (waste products from paper mills or recycled newspaper).
3. Mulch should contain no growth or germination inhibiting factors
4. Mulch should contain no more than ten percent (10%) moisture, air dry weight
basis.
5. Additives shall include a binder in powder form.
6. Material shall form a strong moisture retaining mat.
C. Fertilizer
1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis.
2. All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area.
3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate:
a. No fertilizer is required for wildflower seeding
b. Where applying fertilizer on newly established seeding areas - 100 pounds of
Nitrogen per acre.
c. Where applying fertilizer on established seeding areas - 150 pounds of Nitrogen per
acre.
D. Erosion Control Measures
1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled paper
mulch, (see 2.01, B. Mulch and 3.03)
2. For seeding application in areas 3:1 slope or greater, use the following soil retention
blanket (Follow the manufacturer's directions):
"Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington,
Texas 76001, 1-800-777-SOIL
2.02 MIXING
Seed, mulch, fertilizer and water may be mixed provided that:
1. Mixture is uniformly suspended to form a homogenous slurry.
2. Mixture forms a blotter -like ground cover impregnated uniformly with grass seed.
3. Mixture is applied within thirty (30) minutes after placed in the equipment
PART 3 - EXECUTION
3.01 SEEDED PREPARATION
A.
Clear Surface of All Materials, Such As:
1. Stumps, stones, and other objects larger than one inch.
2. Roots brush wire, stakes, etc.
3. Any objects that may interfere with seeding or maintenance.
B. Tilling
1 In all compacted areas till one inch (1") deep.
2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less seed/water
run-off.
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive Page 29 of 34
3. In areas near trees: Do not till deeper than one half (1/2") inch inside "drip line" of trees.
C.
Water: Shall be furnished by the Contractor as an ancillary cost to the Contract by the
Contractor by means of temporary metering / irrigation, water truck or by any other method
necessary to achieve viable, acceptable stand of turf as noted in 3.04.B. of this specification. The
water source shall be clean and free of industrial wastes or other substances harmful to the
germination of the seed or to the growth of the vegetation. The amount of water will vary
according to the weather variables. Generally, an amount of water that is equal to the average
amount of rainfall plus one half inch (1/2") per week should be applied until such time 100% full
growth coverage is achieved and one mowing cycle is performed by the Contractor and accepted
by the Owner.
Watering Soil should be watered to a minimum depth of four inches within forty
eight (48) hours of seeding.
3.02 SEEDING
A. If Sowing Seed By Hand
1. Broadcast seed in two directions at right angles to each other.
2. Harrow or rake lightly to cover seed.
3. Never cover seed with more soil than twice its diameter.
4. For wildflower plantings, scalp existing grasses to one (1") inch, remove grass clippings,
so seed can make contact with the soil.
B. Mechanically Seeding (Drilling):
If mechanically seeding (drilling) the seed or seed mixture, the quantity specified shall be
uniformly distributed over the areas shown on the plans or where directed. All varieties of seed,
as well as fertilizer, may be distributed at the same time provided that each component is
uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter inch
to three eighth inch (1/4"-3/8") utilizing a pasture or rangeland type drill. All drilling is to be on
the contour. After planting, the area shall be rolled with a roller integral to the seed drill, or a
corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour.
3.03 MULCHING
A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied
concurrently with fertilizer and seed, if desired.
B. Apply at the following rates unless otherwise shown on plans:
1. Sandy soils, flat surfaces - minimum 1,500 lbs /acre.
2. Sandy soils, sloping surfaces - minimum 1 800 lbs./acre.
3. Clay soils, flat surfaces - minimum 2,500 lbs /acre.
4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre.
5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious.
C. Apply within thirty (30) minutes after placement in equipment. Keep mulch moist, by daily
water application, if necessary
1. For approximately twenty-one (21) days, or
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive Page 30 of 34
o
2. Until seeds have germinated and have rooted in soil, (see 3.04.B.2.) and project has been
accepted by the City.
3.04 ESTABLISHMENT, MAINTENANCE AND ACCEPTANCE
A Includes initial seed and / or sod application and establishment, protection, replanting as necessary ,
maintaining grades and immediate repair of erosion damage until the project receives final
acceptance. Refer to Part 2 — 2.01 — D. for watering requirements to be executed by the contractor.
B. Initial full coverage turf establishment shall be considered as 100% grow in to a height of
three (3 ') inches with one mow cycle performed by the Contractor on all newly
established areas prior to consideration of acceptance by the Owner..
C. Replanting
1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length
of time, as determined by the City.
2. A "stand" shall be defined as:
a. Bermuda/Rye grasses: See 3.04 B
b. Native grass and wildflowers. eighty percent (80%) coverage of growing plants
within seeded area within twenty-one days of seeding date on a smooth bed free of
foreign material and rocks or clods larger than one inch diameter.
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive Page 31 of 34
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 may be requested by the City.
All delivery receipts and copies of invoices for materials used for this work shall be subject to
verification by the City.
1.04 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Sod: Harvesting and planting operations shall be coordinated with not more than forty
eight hours elapsing between the harvesting and planting.
Fertilizer
1. Unopenedbags 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-
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive
Page 32 of 34
PART 2—PRODUCTS
2.01 SOD
A. The sod shall be Buchloe dactyloides ("Prairie" Buffalograss) and shall consist of stolons,
leaf blades, rhizomes and roots with a healthy, virile system of dense, thickly matted roots
throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive,
healthy and vigorous and shall be free of insects, disease, stones and undesirable foreign
materials and grasses Sod shall have been produced on growing beds of clay or clay -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 -roots 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 "Perma Green Compost", as specified below
or an approved equal, shall be used. Raw organics are not acceptable.
A. For soil with an alkaline off condition: Use "New Life Acid Gro" (acid pH) soil
conditioner as produced by Soil Building Systems of Dallas or an approved equal.
B. For soil with an acidic oil condition: Use "Perma Green Compost" by Texas Earth
Resources, Inc. of Dallas, or "New Life Natural Grower" (ph 8.0 to 9.0) by Soil Building
Systems, Inc., of Dallas.
Sample and Specification Submittal: Submit a producer's specification and a quart
sample of the compost proposed for the City's approval.
TURF SODDING
02930
2_
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive
Page 33 of 34
. Sans mmos.d 444444♦♦♦♦
PART 3 - EXECUTION
3.01 GENERAL
All turfing operations are to be executed across the slope, parallel to finished grade contours.
3.02 SOIL PREPARATION
A. Scarify subgrade to a depth of three inches before depositing the required topsoil.
B. Tillage shall be 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 for double coverage, then followed by a disc harrow. Depth of
tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted
with sod.
C. Cleaning: Soil shall be further prepared by the removal of debris, building materials,
rubbish, weeds and stones larger than one inch in diameter.
D Fine Grading: After 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 ruts,
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 as 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.
First Amendment and First Addendum to CSC 44084
Trails of Fossil Creek — Magma Drive
END OF SECTION
TURF SODDING
02930
-3-
Page 34 of 34