HomeMy WebLinkAboutContract 44839 (2)� 7 S ...
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TEMPORARY ACCESS PERMIT AND
WORKSPACE LICENSE AGREEMENT
FOR STONECREEK PARK
This Temporary Access Permit and Workspace License Agreement for Stonecreek Park
("Permit") is made and entered into by and between the City of Fort Worth (hereinafter• referred
to as "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 Trinity River Authority of
Texas (hereinafter referred to as "TRA"), a conservation and reclamation district and political
subdivision of the State of Texas, created by and functioning under TEx. REv. Clv. STAT. A�.
Art. 8280-188, and acting pursuant to the powers granted by that article and general law, by and
through its duly authorized General Manager.
The following statements are true and correct and constitute the basis upon which the
City has executed the Permit:
I_1
C
The City owns a certain piece of property known as Stonecreek Park (the "Park"),
located at 12801 Sweet Bay Drive, Fort Worth, Texas 76040, Tarrant County,
Texas, which is depicted in Exhibit A.
TRA wishes to use certain designated portions of the Park for temporary access
and workspace for purposes of reconstructing a sanitary sewer line beneath the
Park and within an easement owned by TRA.
C. Open cut trench excavation is the traditional and most popular method for the
type of pipe replacement that is the subject of this Permit and involves excavating
down to, and exposing, the existing pipe so that it can be repaired or replaced.
This method, however, would result in unnecessary destruction of the Park,
including the removal of numerous trees.
D. In an effort to minimize harm to the Park and signiiicantly reduce the amount of
trees negatively affected by this project, TRA has agreed to a more expensive and
trenchless method of replacing the sewer lines called "pipe bursting."
E. The City has reviewed TRA's request and agrees to grant TRA use of the
designated portion(s) of the Park in accordance with the terms and conditions of
this Permit.
Agreement
I.
Term
a. License Period. The term of this Permit shall consist of one (1) license period of
one hundred twenty (120) consecutive calendar days, commencing no later than January
1, 2014. TRA must notify the Director of the City's Parks and Community Services
Department or that person's designee ("Director") at least five (5) business days prior to
the date on which the License Period will commence. The license peri ��lk�e-�d�
11:59 p.m. on the 120th calendar day following the day of commence�����e ,�h
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Access Permit and Workspace License Agreement for Stonecreek Park �� C E � V E � 5��� � e� �U I �"�,, �R,�„�r �,�
Period").
b. Extension of License Period. If TRA fails to complete all obligations hereunder
in accordance with this Permit on or before the expiration of the License Period,
including, but not limited to, pipe bursting operations and restoration of the Park, then
TRA agrees to extend the License Period on a month-to-month basis untii TRA has
completed all obligations pursuant to this Pertnit. If an extension occurs, then TRA shall
pay or cause the City to be paid rent in the amount of $3,873.30 per month, which wili be
due and payable on or before the first (lst) day of each extended License Period. Such
rent shall be paid to the City without demand and without offset.
The extension of the License Period shall renew automatically each month until TRA
receives notice from the City that ali of its obligations under the Permit have been
completed, which notice the City shall not unreasonably withhold. Notwithstanding
anything to the contrary, the City may terminate the extended License Period at any time
and for any reason.
c. Access. No use of or access to the Park or the Licensed Premises shall be
allowed outside of the designated License Period or applicable extension period, except
as is authorized by any easements held by TRA. TRA's rights in and to the Licensed
Premises hereunder shail be strictly limited and shall fully and absolutely terminate and
be of no further force and effect at the conclusion of the License Period or applicable
extension period, except as is authorized by any easements held by TRA. After the
License Period or applicable extension period ends, all rights of TRA in and to the
Licensed Premises shall, automatically and without the need for any further
documentation, fully and unconditionally terminate, whereupon TRA shall have no right
of entry or use of the Licensed Premises whatsoever except as is authorized by any
easements held by TRA.
II. Licensed Premises
Subject to the terms and conditions set forth in this Permit and the City Charter and
ordinances, for and in consideration of the monetary payments to be made hereunder and
the other covenants and promises expressed herein, the City does hereby agree to license
to TRA during the License Period the use of a portion of the Park consisting of
approximately 38,733 square feet (.889 acres), the description, location. and boundaries
of which are depicted in Exhibit B, which is attached hereto and incorporated herein for
all purposes as though it were set forth at length ("Licensed Premises").
III. License Fee/Additional Consideration
In consideration of TRA's agreement to employ a more expensive method of pipe
replacement to reduce overall harm to the Park and payment of $10.00, the City grants to
the TRA the rights and privileges to use the Park in accordance with the terms and
conditions of this Permit. Payment shall be made within five (5) days of the date on
which this Permit is fully executed and delivered to the offices of the City's Parks and
Community Services Department (the "Department"), 4200 South Freeway, Suite 2200,
Fort Worth, Texas 76115. Consideration for any additional use of the Licensed Premises
Access Permit and Workspace License Agreement for Stonecreek Park
Page 2 of 35
beyond the initial 120 day license period will be in accordance with Section I.
IV. Acceptance of Licensed Premises
TRA takes all portions of the Licensed Premises and ali appurtenances in "AS IS"
condition without any express or implied warranty on the part of the City. TRA accepts
the Licensed Premises in their present condition, finds them suitable for the purposes
intended, and further acknowledges that it 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 Licensed Premises or their suitability for the purposes intended.
TRA 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. TRA's taking possession of the Licensed Premises
shall be conclusive evidence that: (a) the Licensed Premises are suitable for the purposes
and uses for which same are licensed; and (b) TRA waives any and all defects in and to
the Licensed Premises and all the appurtenances thereto. The Citv shall not be liable to
TRA, its a�ents, emplovees, contractors, subcontractors, invitees, licensees, or �uests
for anv dama�e to anv person or propertv due to the acts or omissions of TRA, its
aaents, emplovees, contractors, or subcontractors, unless such dama�e is caused bv
the gross ne�li�ence or willful misconduct of Citv or its a�ents, emplovees, separate
contractors. or subcontractors.
V. Use Not Exclusive
This Permit and all rights granted to TRA 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 Licensed Premises 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 ailow a use that will
unreasonably interfere with TRA's use of the Licensed Premises as provided herein. This
Permit does not establish any priority for the use of the Park or the Licensed Premises by
TRA 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 Licensed Premises, 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. Construction on the Licensed Premises is allowed only between 7:00 A.M. and
6:00 P.M. Monday through Friday. For purposes of this provision, the term
"construction," shall include (i) clearing, dredging, excavating, compacting, or grading of
land; (ii) delivery or assembly of pipe, fittings, or similar materials; and (iii) operation of
heavy equipment, including, but not limited to, a backhoe, backhoe loader, boom truck,
Access Permit and Workspace License Agreement for Stonecreek Park Page 3 of 35
bulldozer, compactor, crane, dump truck, excavator, grader, grapple truck, loader, pile
driver, power shovel, roller, scraper, tractor, trencher, and tunnel boring machine.
b. All TRA equipment and materials shall be placed and maintained solely within
the confines of the Licensed Premises. Unless otherwise approved by the Director, TRA
shali enter and leave the Park and access the Licensed Premises via Sweet Bay Drive and
Chinaberry Court. Sweet Bay Drive and Chinaberry Court shall be used solely for
ingress and egress purposes. Use of any portion of the Park outside of the Licensed
Premises shall not be permitted.
c. TRA acknowledges the existences of a concrete trail system that runs through the
Park and agrees to take all necessary measures to prevent harm to persons that may use
the trail or harm or damage to the trail, itself. TRA agrees to repair any damage caused to
the trail by TRA to the satisfaction of the City and in accordance with Section XII. In
order to protect the public, TRA will be allowed to close the trail, as it deems reasonably
necessary during construction but the City will not be liable or responsible to TRA for
any personal injury caused as a result of TRA's actions under this Permit.
d. In accessing and using the Licensed Premises, TRA shall comply with all of its
obligations and responsibilities under this Permit and under any and all applicable,
federal, state, or local law, rule, or ordinance.
VII. Pubiic Safety
a. TRA shall be solely responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with TRA's use of the Licensed Premises
and the Park.
b. At a minimum, TRA shall: (i) install and maintain construction fencing in
accordance with any preconstruction plans agreed to by the Director; and (ii) ensure that
no equipment or materials are stored in the Park in a manner that is not secure.
Following installation of the fencing, TRA shall contact the Director to inspect for proper
installation. TRA shall ensure that all equipment and materials are stored on the
Licensed Premises in an enclosed area that shall be kept locked when not in use, and
TRA shall provide the Director with keys for all fence and entry locks. At no time shall
any fenced area be left open unless staffed by security personnel.
c. In addition, TRA shail provide construction and maintenance signs and suffcient
barricades at work sites to protect the public. The use of traffic control devices shall be
consistent with the standards and provisions of Part VI of the Texas Manual on Uniform
Traffic Control Devices. TRA shall also take all necessary precautions and shall provide
all necessary protection to prevent damage, injury, or loss to (a) all persons accessing
portions of the Licensed Premises on which any construction is being performed by or on
behalf of TRA; (b) all work performed on or from the Licensed Premises and ali
materials and equipment to be incorporated therein that are under the care, custody, or
control of TRA, or TRA'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.
Access Permit and Workspace License Agreement for Stonecreek Park
Page 4 of 35
d. For barricade structures constructed along the Park's sidewalks, TRA shall be
required to ensure that installation and equipment meet the requirements of the Parks and
Community Services Department ("Department"). Staff from the Department shall be
entitled to inspect the barricade structures 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 Licensed Premises 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 Licensed
Premises in violation of any applicable laws. TRA shall not handle or store any
Hazardous Materials on the Licensed Premises or the Park, except that TRA may, in
compliance with applicable environmental laws, use and store Hazardous Materials in
such amounts and types that are commonly used in connection with pipeline bursting
operations, provided, however, that TRA specificaily agrees to remove any and all such
Hazardous Materials on or before the final day of the License Period. TRA 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 Permit, "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 thereo�;
underground storage tanks, and substances considered hazardous, toxic, or the equivalent
pursuant to applicable laws. Any Hazardous Materials used by TRA on the Licensed
Premises shall be posted on site and a list shall be given to City.
b. TRA shall not create or aggravate 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
TRA must provide the Department with videographic documentation of the condition of
the Licensed Premises as they exist both before and after installation of the sanitary sewer
line. All such video must include a visible date and time stamp indicating when the
videography occurred. TRA must submit documentation of the pre-installation condition
prior to commencing any work on the Licensed Premises. Post-installation
documentation must be submitted no later than five (5) business days after the last day of
the License 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. Minimizin� Impact on Ve�etation
a. TRA is authorized to remove 11 trees from the Park as represented and set forth
in Exhibit "C" and shall pay to the City a tree mitigation fee of $11,600.00 due and
Access Permit and Workspace License Agreement for Stonecreek Park
Page 5 of 35
payable to the Department prior to the commencing any use of the Licensed Premises
under this Pertnit. TRA shall not cut, remove or damage any other trees on the Licensed
Premises except as agreed to otherwise by the parties.
b. Prior to beginning any construction, TRA shall install perimeter construction
fencing in accordance with any preconstruction plans agreed to by the Director. In
addition, to minimize damage during construction, TRA shall install chain link fencing
on the outside drip line of trees and other vegetation specifically identified by the
Director at a pre-construction meeting and as outlined in accordance with Exhibit D,
which is attached hereto and incorporated herein for all purposes. TRA shall notify the
Director once the perimeter fencing and tree protection measures have been installed and
allow the Director an opportunity to inspect the work before construction begins. The
City shall have at least four (4) business days following the date on which notice is
received to conduct its inspection. TRA may begin construction on or after the third
business day following the date on which it provided notice to the City unless the City
contacts TRA and identifies specific issues that render the perimeter fencing or tree
protection measures unacceptable.
c. TRA shall ensure that tree protection fencing remains in place throughout the
License Period or any extended License Period. At no time shall any tree be damaged or
removed except as allowed herein. If any other tree within the Park is damaged in
connection with TRA's operations, TRA agrees to undertake remediation efforts,
including paying of remediation costs, in accordance with Exhibit E, 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 terms of this Permit.
XI. Minimizin� Impact on Utilities
a. TRA acknowledges the existence of City-owned utilities in the Park and Licensed
Premises (including, but not limited to, waterlines, sewer lines, and storm drains) and
covenants and agrees to install protective matting over such utilities in accordance with
any preconstruction plans agreed to by the Director, which agreement shall not
unreasonably be withheld, and in compliance with specifications approved by the City's
Water Department. Following installation of the matting, TRA shall contact the Water
Department (John Lopez or other designated representative) for inspection and approval.
b. TRA shall provide the Department with a copy of the matting specifications and
the Water Department's inspection report within twenty-four (24) hours of receiving the
report from the Water Department and prior to mobilization of pipeline construction
equipment in the Park. TRA may begin construction after the date on which it provided
the inspection report and specifications to the Department unless the Department contacts
TRA and identifies specific issues that render the measures unacceptabie.
XII. Restoration of Improvements
To the extent any road, curb, gutter, irrigation system, utility line, barricade, fence, or
other improvement is destroyed, removed, or altered in connection with TRA's activities
under this Permit, as determined in the sole reasonable discretion of the Director, TRA
Access Permit and Workspace License Agreement for Stonecreek Park
Page 6 of 35
P
shall 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. To the extent any repair to the City's concrete trail is
required, TRA shall ensure all such work is performed by a certified concrete contractor
and shail provide the City with a copy of the contractor's license and insurances. In
addition, TRA shall ensure that City is provided with a one-year warranty period on all
work performed on the concrete traiL Any restoration required under this section must be
completed by TRA and inspected and approved by the Director prior to the expiration of
the License Period or the License Period will be extended per Section I.
XIII. Restoration of Surface of Licensed Premises
To the extent any portion of the surface of the Licensed Premises is damaged or disturbed
in connection with TRA's activities under this Permit, as determined by the Director in
his sole reasonable discretion, TRA shall restore the surface of the Licensed Premises by:
(i) aerating the soil using a heave-action aerator with six-to-eight inch tines to address
compaction caused during the process of pipe bursting and replacement of the existing
lines; (ii) replanting and reseeding with Common Bermuda grass in accordance with the
seeding specifications outlined in the attached E�ibit F; and (iii) watering the replanted
and reseeded areas as needed until the replacement vegetation is reasonably established
and has been approved and accepted by the Director. Prior to planting, TRA shall
provide the Director with documentation certifying the type and quality of the materials
to be planted. The Department may, in exercise of reasonable discretion, reject any plant
materiai that does not meet the requirements of this section or Exhibit F or is otherwise
unacceptable for one or more specific, clearly identified reasons. Any restoration required
under this section must be completed by TRA in compliance with the specifications set
forth in this section and the attached exhibits and inspected and approved by the Director,
which approval shall not be unreasonably withheld, prior to the expiration of the License
Period or the License Period will be extended per Section I.
XIV. Discretionary Limited Access to Care for and Establish Ve�etation
a. TRA 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 writing and delivered to the Department at
least one month prior to the expiration of the License 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 License Period or extended License
Period. During the Limited Access period, no TRA 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. TRA's use of the Licensed
Premises under Limited Access in accordance with this Section shall not invoke any
additional extended License Period beyond that which already exists at the time that
Limited Access is granted.
Access Permit and Workspace License Agreement for Stonecreek Park
Page 7 of 35
XV. Liability; Indemnification.
a. TRA agrees to pay City for all damages suffered or incurred by City, either
directly or indirectly, as a result of any operations on or from the Licensed Premises
conducted for or by TRA, 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. TRA warrants against any slumping or settling as it relates to
the work within the Park or the City's concrete tail located within the Park related to
TRA's installation of the sewer line or the uses permitted herein and agrees to pay City
for all damages related to such slumping, settling, or both.
b. SUBJECT TO THE LIMITATIONS OF TEXAS LAW, TRA COVENANTS
AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS,
AND DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS, SERVANTS
AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS
FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF THE
ACTS OR OMISSIONS OF TRA, ITS OFFICERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS, INVITEES, LICENSEES, VOLUNTEERS, OR
PROGRAM PARTICIPANTS. TRA LIKEWISE COVENANTS AND AGREES
TO, AND DOES HEREBY, INDEMNIFY 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 TffiS 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 TRA 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. TRA covenants and agrees that City shall no way or under any circumstances be
responsible for any property belonging to TRA, its members, employees, agents,
contractors, subcontractors, invitees, licensees, or trespassers that may be stolen,
destroyed, or in any way damaged, and TRA hereby indemnifes 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 TRA, its members, employees, agents,
contractors, subcontractors, invitees, licensees, or trespassers on any of the Premises.
d. TRA agrees that City shall not be liable for any loss, injury or damage whatsoever
suffered or incurred by TRA or TRA's agents, employees or representatives while on the
Licensed Premises.
Access Permit and Workspace License Agreement for Stonecreek Park
Page 8 of 35
XVI.
e. All of the obligations set forth above are subject to the limitations of state law and
subject to any defenses or immunities TRA may possess.
INSURANCE
a. Dutv to Acquire and Maintain
i. TRA shali cause its contractor to procure and maintain at all times, in full
force and effect, a policy or policies of insurance to provide coverages of the types and
amounts specified herein, naming the City as an additional insured and covering ali
public risks related to the use, occupancy, condition, maintenance, existence, or
location of the Park and the construction, installation, operation, maintenance, repair,
reconstruction, or condition of the pipeline. The insurance required hereunder may be
met by a combination of self-insurance and primary and excess policies. TRA shall
provide proof of all requirements stated herein to the City prior to beginning any work
pursuant to this Agreement.
b. Tvpes and Amounts of Coverage Required
i
ii.
ii.
iii.
iv.
u
Commercial General Liability:
A. $5,000,000.00 per occurrence, including coverage for the
following: (i) Premises Liability; (ii) independent contractors; (iii)
products/completed operations; (iv) personal injury; (v) contractual
liability; (vi) explosion, collapse, and underground property damage
Propertv Dama�e Liability:
A. $5,000,000.00 per occurrence
Umbrella Policv
A. $5,000,000.00
Environmental Impairment Liabilitv (EIL) &/or Pollution Liability
A. $5,000,000 per occurrence
B. $10,000,000 aggregate
Automobile Liability:
A. $1,000,000.00 per accident, including, but not limited to, all
owned, leased, hired, or non-owned motor vehicles used in conjunction
with the rights granted under this Permit
Worker's Compensation:
Access Permit and Workspace License Agreement for Stonecreek Park Page 9 of 35
A. As required by law
vi. Employer's Liability:
A. $1,000,000.00 per accident
c. Revisions to Required Covera�e
i. At the reasonable recommendation of the City's Risk Manager, the City
may at any time revise insurance coverage requirements and limits required by
this Permit. TRA agrees that within thirty (30) days of receipt of written notice
from the City, TRA wili implement all such revisions requested by the City.
Policies shall not have exclusions that nullify or alter the required lines of
coverage, or decrease the limits of said coverages required by this Agreement,
unless such endorsements are approved in writing by the City. The policy or
policies of insurance shall be endorsed to provide that no material changes in
coverage, including, but not limited to, cancellation, termination, non-renewal, or
amendment, shall be made without thirty (30) days' prior written notice to the
City.
d. Underwriters and Certificates
i. TRA shall procure and maintain its insurance with underwriters who are
authorized to do business in the State of Texas and who are acceptable to the City
in terms of solvency and financial strength. Within ten (10) business days
foilowing execution of this Permit, TRA shall furnish the City with certificates of
insurance signed by the respective companies as proof that it has obtained the
types and amounts of insurance coverage required herein. In addition, TRA shall,
on demand, provide the City with evidence that it has maintained such coverage
in full force and effect.
e. Deductibles
i. Deductible or self-insured retention limits on any line of coverage required
herein shall not exceed $1,000,000.00 in the annual aggregate unless the limit per
occurrence or per line of coverage, or aggregate is otherwise approved by the
City.
f. Waiver of Subro�ation
i. TRA shall require any of its contractors' worker's compensation policies
to contain a waiver of subrogation endorsement in favor of the City.
�. No Limitation of Liability
i. The insurance requirements set forth in this section and any recovery by
the City of any sum by reason of any insurance policy required under this Permit
Access Permit and Workspace License Agreement for Stonecreek Park
Page 10 of 35
shall in no way be construed or affected to limit or in any way affect TRA's
liability to the City or other persons as provided by this Permit or law.
XVII. Prohibition A�ainst Liens
TRA 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, TRA shall, at its sole expense, liquidate and
dischaxge same within ten (10) business days after notice from the City to do so
XVIII. Notices
All notices required or permitted under this Permit 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 TRA:
Director
Parks and Community Services
City of Fort Worth
4200 South Freeway, Ste 2200
Fort Worth, Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
1000 Throckmorton
Fort Worth, Texas 76102
XIX. Independent Contractor
Manager
Construction Services
Trinity River Authority of Texas
5300 S. Collins
Arlington, Texas 76018
It is expressly understood and agreed that TRA shall operate as independent entity in
each and every respect hereunder and not as an agent, representative, or employee of the
City. TRA shall have the exclusive control and the exclusive right to control all details
and day-to-day operations and activities relative to operation of TRA and installation of
the pipeline and shall be solely responsible for the acts and omissions of its officers,
agents, servants, employees, contractors, subcontractors, licensees, and invitees. TRA
acknowledges that the doctrine of respondeat superior shall not apply as between the
City and TRA, its officers, agents, servants, employees, contractors, subcontractors,
licenses, and invitees. Nothing contained in this Pertnit shall be construed as the creation
of a partnership or joint enterprise between the City and TRA.
Access Permit and Workspace License Agreement for Stonecreek Park Page 11 of 35
XX. Prohibition A�ainst Assi�nment
TRA 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.
XXI. Compliance with Laws and Re�ulations
a. In operating under this Permit, TRA agrees to comply with ail applicable federai,
state, and local laws, regulations, and ordinances, including all City ordinances, charter
provisions, and rules, regulations, and requirements of the City's Police, Fire, Code
Compliance, Transportation and Public Works, and Health Departments.
b. TRA will not knowingly do or suffer to be done anything on said Licensed
Premises during the terms of this Permit in violation of the laws, statutes, ordinances,
rules, regulations, charter provisions, directives or requirements referenced in this Permit.
If the City calis the attention of TRA to any such violation on the part of said TRA or any
person employed by or admitted to said Licensed Premises by TRA, TRA will
immediately (or otherwise as soon as reasonably possible) desist from and correct such
violation and/or vacate the Licensed Premises.
XXII. Taxes
TRA acknowledges and agrees that it shall be solely responsible for paying all taxes
assessed or imposed by any governmental entity in connection with the construction,
installation, operation, maintenance, repair, or reconstruction of the pipeline and with the
use of the Licensed Premises or other City property related to activities within the scope
of this Permit.
XXIII. Force Maieure; Homeland Security
If either party is unable, either in whole or part, to fulfill its obligations under this Permit
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 of the United States; any arrests and restraints; civil
disturbances; or explosions; or some other reason beyond the party's reasonable control
(collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure
Event will be suspended only during the continuance of such event. If a Force Majeure
Event occurs, the City may, in its sole discretion, close or postpone the opening of its
community centers, parks, or other City-owned and operated properties and facilities in
the interest of public safety and operate them as the City sees fit.
Access Permit and Workspace License Agreement for Stonecreek Park Page 12 of 35
XXIV. 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.
XXV. 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 far 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.
XXVI. Governmental Powers
It is understood and agreed that by execution of this Permit, the City and TRA do not
waive or surrender any of their respective governmental powers.
XXVIL Authorization
By executing this Permit, TRA's agent affirms that he or she is authorized by TRA to
execute this Permit and that all representations made herein with regard to TRA's
identity, address and legal status (corporation, partnership, individual, etc.) are true and
correct.
XXVIII. Entiretv of A�reement
This instrument (including all attachments, schedules, and exhibits attached hereto)
constitutes the entire understanding and agreement of the City and TRA 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 terms and
conditions of this Permit. This Permit shall not be amended unless agreed to in writing
by both parties.
By executing this Permit, TRA agrees to and accepts the terms, conditions and provision
contained herein.
IN WITNESS WHEREOF, the parties hereto have executed this Permit this t.' _�
�; k` i�` � 2013 in Fort Worth, Tarrant County, Texas.
Access Permit and Workspace License Agreement for Stonecreek Park
day of
Page 13 of 35
Trinity
By: _
Name•
Title: �
ority of Texas
i Ward
Manger
.�y
Legality:
By: ,1( ) . `�,i �--
Nam . ard S. Slobodin
Title: General Counsel
0
By:
Na
Title:
Howard S. Slobodin
Secretary, Board of Directors
Contract Authorization - M&C:
M&C L-15608; August 20, 2013
City of Fort Worth
B ` � �-�' ' - - --
Y: .� �L � �.
i
S an Alanis
Assistant City Manager
Approved as to Form and Legality:
�'
By:
AT'I
By:
Tyler F. Wallach
Assistant City Attorney
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Access Permit and Workspace License Agreement for Stonecreek Park � �� ��R�•�' .�.�agQ 14 of 35
�
City Secretary , _ � _ ,;�
Exhibit A
Park
Access Permit and Workspace License Agreement for Stonecreek Park Page 15 of 35
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Access Permit and Workspace License Agreement for Stonecreek Park Page 16 of 35
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Access Permit and Workspace License Agreement for Stonecreek Park Page 17 of 35
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Access Permit and Workspace License Agreement for Stonecreek Park Page 19 of 35
�' -M.:9. -.
Stonecreek Park
Description of Work Space and Access Area
For Construction of TRA Boyd Branch Phase II Project
The area to be used by the Trinity River Authority's (TRA) Contractor for the rehabilitation of
the existing 24" sewer main within Stonecreek Park consists of approximately 38,733 square
feet (0.889 acres). The total centerline length of this area is approximately 1,573 linear feet.
The width of the access route ranges from 10' (primarily along the existing concrete trail) to
20' at the playground at Alder Trail and adjacent to Chinaberry Court. The 20' width sections
are for ingress/egress for the TRA from the right-of-way to the project site. There are
primarily two staging areas within the Park. The first is east of Chinaberry Court, located
adjacent to a City of Fort Worth drainage way, which is near Insertion Pit #6. The basic
dimensions of this area are 90 feet by 90 feet and also serve as a turnaround for heavy
equipment. The second staging area is located just west of Chinaberry Court. The basic
dimensions of this area are 50 feet by 275 feet and span from Insertion Pit #3 to #4. Because
of the density of trees between Insertion pits #2 and #3, the access route will be along the
existing concrete trail, and because of the width of this area (approximately 10 feet), the only
use this route will serve is for small vehicles, workers and for stringing the new pipe. There
are two vehicular turnarounds located at Insertion Pits #1 and #2.
Access Permit and Workspace License Agreement for Stonecreek Park Page 20 of 35
EXHIBIT C
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Access Permit and Workspace License Agreement for Stonecreek Park Page 21 of 35
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EXHIBIT D
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Access Permit and Workspace License Agreement for Stonecreek Park Page 24 of 35
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 TRA. Failure to replace damaged trees shall be considered a breach
of contract and TRA shall be assessed for damages. Slight or moderate damage to trees will result in
assessment of damages.
ASSESSMENT OF DAMAGES TO TREES
l.l. TRA wili check trees in the Licensed Premises before contract work begins, any damage
will be noted and reported to the Director.
1.2. The Director 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, and TRA wiil attend the inspection.
1.4. Damages shall be documented by memo to the City Forester with copy to contract file and
the Contractor.
1.5. TRA may have the option of replacement or payment for severely damaged trees at a
location to be designated by PACS. 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. TRA shaii be responsible for any planting, watering, mulching and maintenance
of replacement trees for a period of not less than 2 years. TRA 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
%2" 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 truuk than 50% radius of the CRZ. Slight
damage to trees shall be assessed at a rate of $100.00 for each instance. For each day that
tree fencing is not properly placed, equipment or supplies are stored within CRZ, or fill is
stored within the CRZ, shall be considered one instance.
1.7. Moderate damage shall be defined as damage, in the opinion of the City Forester, that
contributes to the poor health and reduced longevity of the tree, and examples include, but
are not limited to, scaring of the trunk into the cambiai layer greater than 2" but less than
1/3 of the trunk circumference or breaking of limbs more than 2" in diameter but less than
1/3 trunk caliper. Moderate damage shall also include compaction of soii, grading or fiiling
Access Permit and Workspace License Agreement for Stonecreek Park Page 25 of 35
in 20% of the CRZ on one of four sides but outside the 50% radius of the CRZ, or
disposing of paint or concrete within 50% radius of the CRZ. Moderate damages shall be
calculated at a rate of %2 the assessed value of the tree per each instance of damage.
1.8. Severe damage or removal of trees is subject to a penalty of $200 per diameter inch of trees
removed or damaged for trees less than 30" DBH and $400 per diameter inch of trees 30"
DBH or greater. Severe damage or removal shall include, but is not limited to, scaring of
the trunk to the cambial layer greater than 1/3 the trunk circumference, uprooting or causing
a tree to lean, or damage to a scaffolding branch or branch greater than 1/3 of trunk caliper.
Severe damage shall also include compaction of soil, grading or filling more than 20% of
the CRZ, or within 50% radius of the CRZ or on more than one of 4 sides. Cutting 1/3 of
the buttress roots within 3 times the distance of the DBH of the trunk, or cutting 4 roots 4"
or greater in diameter within 4' of the trunk shall also be considered severe damage.
1.9. Branches shali 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 TRA shall be removed
by the Department's Forestry Section Tree Removal Contractor at TRA'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 TRA will be automatically assessed damages.
Damages as described herein shall be deducted from payments otherwise due to TRA.
l.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.
Access Permit and Workspace License Agreement for Stonecreek Park Page 26 of 35
EXHIBIT "F"
SECTION 02930 - SEEDING
PART1-GENERAL
1.01
1.02
DESCRIPTION
A. Work Included:
plans.
Seeding of grass seed or wildflower seed, as specified on the
B. Related Work Specified Elsewhere: Section 02300, Earthwork.
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
1.03
B. Texas Highway Department: Standard Specifications for Construction, Item 164,
"Seeding for Erosion Control" and Item 180, "Wildflower Seeding".
SUBMITTALS
A.
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
Seed
l. Vendors' certification that seeds meet Texas State seed law inciuding:
a. Testing and labeling for pure live seed (PLS)
acceptance by the City.
1.04
B. Fertilizer
1. Unopened bags labeled with the analysis
2. Conform to Texas fertilizer law
JOB CONDITIONS
Access Permit and Workspace License Agreement for Stonecreek Park Page 27 of 35
A. Planting Season: The season varies according to species (see Part 2- Products).
Do not seed when soii 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 generai 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 shail 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.
l. Non-native grass seed shall consist of:
If planted between April 15 and September 10:
Lbs./Acre
Germination
Common Name Scientific Name
25 Bermuda (unhulled) Cynodon dactylon
75 Bermuda (hulled) Cynodon dacrylon
Access Permit and Workspace License Agreement for Stonecreek Park
Puritv
85%
95%
90%
90%
Page 28 of 35
Substitute the following if planted between September 10 and April 15:
220 Rye Grass Loliurn multiflo�•um
40 Bermuda (unhulled) Cynoclon dact}�lon
82%
84%
80%
85%
2 Native �rass seed - The seed shall be planted between February 1 and
October 1 and shall consist of:
Lbs. PLS/Acre Common Name Botanical Name
1.6 Green Sprangletop Leptochloa dubia
5.5 Sideoats Grama* Bouteloua curtipendula
3.7
17.0
1.8
Little Bluestem*
Buffalograss
Indian Grass*
0.5 Sand Lovegrass*
6.0 Big Bluestem
8.0 Eastern Grama
1.2 Blue Grama
1.8 Switchgrass
10.0 Prairie Wildrye*
Schizachyrium scoparium
Buchloe dacryloides
Sorghastrum nutans
Eragr�ostis trichodes
Andropogon gerar�dii
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 Common Name
3.0 Bush Sunflower
5.0 Butterfly Weed
2.0 Clasping Coneflower*
3.0 Golden - Wave
13.4 Illinois Bundleflower
13.6 Partridge Pea
2.0 Prairie Verbena
8.0
8.0
Texas Yellow Star
Winecup
2.0 Black-eyed Susan
18.0 Cutleaf Daisy
2.0 Obedient Plant
3.0 Pitcher Sage
2.0 Plains Coreopsis
8.0 Scarlet Sage
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.
Access Permit and Workspace License Agreement for Stonecreek Park
Botanical Name
Sinsia calva
Page 29 of 35
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.
:
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.
2.
3.
All fertilizer shall be delivered in bags or containers clearly labeled
showing the analysis.
All fertilizer shall be in acceptable condition for distribution and shall be
applied uniformiy over the planted area.
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 P' 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:
L 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
Access Permit and Workspace License Agreement for Stonecreek Park Page 30 of 35
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.
3.02
3.03
i
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.
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 bv the Contractor as an anciilary 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%
fuil growth coverage is achieved and one mowing cycle is performed by the
Contractor and accepted by the Owner.
Watering:
eight (48)
SEEDING
Soil should be watered to a minimum depth of four inches within forty
hours of 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, scaip existing grasses to one (1") inch, remove
grass clippings, so seed can make contact with the soil.
B. Mechanically Seeding (Drilling):
If inechanically seeding (driliing) 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. Ali rolling of slope areas
shall be on the contour.
MULCHING
Access Permit and Workspace License Agreement for Stonecreek Park Page 31 of 35
iC 1 �
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:
l. Sandy soils, flat surfaces - minimum 1,SOO lbs./acre.
2. Sandy soils, sloping surfaces - minimum 1,800 ibs./acre.
3. Clay soils, flat surfaces - minimum 2,SOO 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:
l. For approximately twenty-one (21) days, or
2. Until seeds have germinated and have rooted in soil, (see 3.04.B.2.) and
project has been accepted by the City.
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
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.
establishment shall be considered as 100% grow in to a
Replanting
Replant areas where a stand of grass or wildflowers are not present in a
reasonable length of time, as determined by the City.
A"stand" shall be defined as:
a. Bermuda/Rye grasses: See 3.04 B
b. Native grass and wiidflowers: 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.
1.
2.
END OF SECTION
Access Permit and Workspace License Agreement for Stonecreek Park Page 32 of 35
SECTION 02930 - TURF SODDING
PART1-GENERAL
1.01 DESCRII'TION
A. Work Included: This work includes ali 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.
B.
For exotic plant materials
Second Edition, 1942.
For native materials
American Joint Committee of Horticultural Nomenclature,
a. Manual of the Vascular Plants of Texas by Conell and Johnston
b. Check List of Vasculaz Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller
1.03
1.04
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 Ciry.
PRODUCT DELNERY; STORAGF AND HANDLiNG
�
B.
Sod: Harvesting and planting operations shall be coordinated with not more than foriy
eight hours elapsing between the harvesting and planting.
Fertilizer
l. Unopened bags labeled with the.analysis.
2. Confonn 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 flie City.
�ruar• soDnr,�rc
02934
-�-
Access Permit and Workspace License Agreement for Stonecreek Park
I
F'
i '[
Page 33 of 35
PART 2 — PRODUCTS
2.01
fr�iya
2.03
2.04
SOD
A. The sod shall be Buchloe dactyloides ("Prairie" Buffalograss) and shall consist of stolons,
leaf blades, rhizomes and roots with a healthy, viriIe system of dense, thickly matted roots
throughout ihe 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-loazr
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.
FERTILIZER
A.
B.
C.
All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis.
All fertilizer shall be in acceptable condition for distribution and shall be appiied
uniformly over the planted area two weeks after sodding.
All fertilizer shall have an analysis of 3-1-2 or as designated on the pians. The fertilizer
rate shall be 45 ponnds of nitrogen per acre.
WATER
The water shalt be fiunished by the Developer/Contractor and shall be clean and free of industrial
wastes or other substances hannful 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.
COMPOST
All compost materiai is to be totally organic and decomposed for at lease nine months. All
compost is to be ciean 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 pH 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 acidicpH condition: Use "Perma Green Compost" by TeYas Earth
Resources, Inc. of Dallas, or "New Life Natural Grower" (ph S.0 to 9.0} by Soil Buildin�
Systems, Tnc., of Dallas.
C. Sample and Specification Submittal: Submit a producer's specification and a quart
sample of the compost proposed for the City's a�proval.
TURF SODDI2�G
02930
-2-
Access Permit and Workspace License Agreement for Stonecreek Park Page 34 of 35
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PART 3 - EXECUTION
3.01
3.02
GENEF2AI,
All turfing operations are to be executed across the slope, parallel to finished grade contours.
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 doubie 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
or burning of the grass.
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
dzformation of the surfaces of sodded areas. �oliowing compaction, compost shall be used to filt
all cracks between sods. EYcess compost shall be worked into the grass with suitable equipment
and shall be well watered. The quantity of compost shall be such that it �vill cause no smothering
3.04 FERTILIZING
Twenty-one days afier planting, turfgrass areas shall receive an application of 3-I-2 fertilizer at
the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning.
END OF SECTION
T'URF SODDRJG
02930
-3-
Access Permit and Workspace License Agreement for Stonecreek Park Page 35 of 35
City of Forf Worth, Texas
Mayor and Council Communication
COUNCIL ACT10N: Approved on 8/20/2013
DATE: Tuesday, August 20, 2013 REFERENCE NO.: **L-15608
LOG NAME: 80STONE CREEK PARK TRA TEMP ACCESS AGREEMENT
SUBJECT:
Authorize Execution of a Temporary Access Permit and Workspace License Agreement with Trinity River
Authority of Texas for the Use of a Portion of the Surface of Stone Creek Park to Install a Sanitary Sewer
Line (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Temporary Access Permit and
Workspace License Agreement with Trinity River Authority of Texas for the use of a portion of the surFace
of Stone Creek Park to install a sanitary sewer line. �
DISCUSSION:
The Trinity River Authority of Texas (TRA) has approached the Parks and Community Services
Department (PACSD) requesting the use of approximately 38,733 square feet of Stone Creek Park (Park)
for temporary access, workspace and storage associated with its plan to replace an existing sanitary
sewer line that sits within TRA's easement in the Park. The Temporary Access and Workspace
Agreement is for a period of 120 calendar days, which includes restoration of the Park.
The existing 24-inch ID (inside diameter) sanitary sewer line services the City of Fort Worth, the City of
Arlington and the City of Euless and will be replaced with new 32-inch and 34-inch OD (outside diameter)
sewer lines. Open cut trench excavation is the traditionat and most popular method for this type of
replacement and involves excavating down to and exposing the existing pipe so that it can be repaired or
replaced. This method, however, would result in the unnecessary destruction of parkland, including the
removal of numerous trees. To minimize harm to the parkland and significantly reduce the amount of
trees negatively affected by this project, TRA has agreed to a more expensive and trenchless method of
replacing the pipes called "pipe bursting." Pipe bursting involves pushing or pulling a new pipe through an
existing pipe without the need for excavation work along the perimeter of the pipeline. In consideration of
TRA's willingness to employ a more expensive method of pipe replacement to reduce overall harm to the
Park, Staff is recommending waiving the $1.00 per square foot fee for temporary workspace.
The locations of the temporary access and workspace areas are depicted in the attached exhibits and
took into consideration the Park infrastructure and user accessibility. Installation of chain link fencing will
be used to preserve all trees adjacent to the temporary workspace areas. Trees permitted for removal
must be mitigated on a caliper inch-per-inch basis. If on-site mitigation is not possible or desirable,
mitigation into the City Tree Fund will be made in the amount of $200.00 to $400.00 per inch for trees not
planted. The City Forester has reviewed the proposed alignment and assessed the impact of tree removal
in the amount of $11,600.00. Approximately 11 trees are being proposed for removal ranging in size from
6-inch diameter breast height (dbh) to 22-inch dbh. The trees being removed have been identified as
Oak, Elm, Pine, Ash and Bois d'arc.
Stone Creek Park is located in COUNCIL DISTRICT 5.
Logname: 80STONE CREEK PARK TRA TEMP ACCESS AGREEMENT Page 1 of 2
FISCA� INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies the Parks and Community Services Department is
responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers
i� �• � � Ii1 i��i��1
CERTIFICATIONS:
Submitted for City Manaqer's Office b�
Oriqinating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
$11,600.00
Susan Alanis (8180)
Richard Zavala (5704)
David Creek (5744)
ATTAC H MENTS
1. Stone Creek Park TRA Temp Access Aqmt Aerial 1 Park.pdf (Public)
2. Stone Creek Park TRA Temp Access Agmt Aerial Park.pdf (Public)
3. Stone Creek Park TRA Temp Access Aqmt Aliqn.pdf (Public)
4. Temporary Access and Workspace Areas.pdf (Public)
Logname: 80STONE CREEK PARK TRA TEMP ACCESS AGREEMENT Page 2 of 2
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