HomeMy WebLinkAboutContract 58029 CSC No. 58029
TEMPORARY LICENSE AGREEMENT
This Temporary License Agreement("Agreement") is entered into by and between the City of
Fort Worth, Texas, a home-rule municipal corporation of the State of Texas ("City"), and
Ridgemont Res, LLC, a Texas corporation, acting by and through its duly authorized
representative ("Company").
WHEREAS, the City owns public land designated and used as Alliance Park located at
3800 Litsey Road, Fort Worth, Texas 76262 (the "Park");
WHEREAS, as steward of public land, the City has the responsibility to preserve and
protect City parkland;
WHEREAS, the City entered into a formal written agreement (CSC No. 57533)for
various Park improvements related to the Litsey Creek Cottages development;
WHEREAS, the Park improvements include 1,172 linear feet of 6 foot-wide trail, 176
linear feet of 6 foot to 10 foot variable width trail, five (5) each bench with concrete slab, and
three (3) each dog stations (Exhibit A);
WHEREAS, Company desires to access the Park from Litsey Road and from the east
through Henrietta Creek for the purpose of the project;
WHEREAS, the City agrees to grant the Company temporary access to the Park in
accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the covenants and agreement contained herein,
City and Company agree as follows:
1. License Granted. City hereby grants to the Company a non-exclusive license to use a
portion of the Park as set forth in more detail in Exhibit B (20-foot wide temporary
workspace area in composing the improvements and as agreed to by the parties in Section
4 ("Licensed Premises").
2. License Fee. Prior to the start of the License Period, Company shall pay TEN Dollars and
No Cents ($10.00) ("License Fee"), payable to the "City of Fort Worth" for the rights and
privileges granted herein. The License Fee shall due and payable, without demand or
offset, in legal tender of the United States at the Park & Recreation Department
("Department"), Attn: Lori Gordon, 4200 South Freeway, Suite 2200, Fort Worth, Texas
76115 or such other place in Tarrant County, Texas as the Director of the Department or
that person's designee ("Director") may hereafter notify Licensee (in writing and with
reasonable advanced notice).
3. Term. The term of this Agreement shall be one-hundred and fifty days (150) days,
commencing on September 6, 2022, with an option to renewal for a second term.
OFFICIAL RECORD
Temporary License Agreement:Ridgemont Res,LLC,—Alliance Park CITY SECRETARY
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4. Use of the Licensed Premises.
a. Company may use the Licensed Premises for the purpose of performing Park
improvements. The Licensed Premises shall be used for no other purposes.
b. Prior to the commencement of the Term, Company shall use its best efforts to
locate and physically mark all utilities (including, but not limited to, electric lines,
water lines, sewer lines, storm drains and lines, and gas lines)within the Licensed
Premises, which shall include, but not be limited to, conducting a dig test. With
regard to all known water and electric utilities, the Director will work with Company
to locate and physically mark all such utilities within the Licensed Premises. If
Company encounters any utility infrastructure (including, but not limited to, electric
lines, water lines, sewer lines, storm drains and lines, or gas lines) in the course
of or in connection with Company's use of the Licensed Premises, the Company
shall provide protection of the utilities to the satisfaction of the Director, with such
protective measures to be approved by the Director prior the application thereof.
c. The Company shall not washout equipment and or concrete, fill up equipment with
gas or other oils and hydraulics as to create potential spill hazards within the Park.
If this is not adhered to, the agreement can be immediately terminated and
additional fines penalties or fines may occur.
5. Termination. The City may terminate this Agreement, without cause, upon five (5) days
written notice to the Company or immediately upon a breach of this Agreement by the
Company.
6. Use not Exclusive. This Agreement and all rights granted to Company herein are strictly
non-exclusive. The City reserves the right to enter into and grant other and future licenses,
leases, and other authorizations for use of the Park to other persons and entities as the
City deems appropriate in accordance with applicable law; provided, however, that in
granting subsequent authorization for use, the City will not allow a use that will
unreasonably interfere with the Company's use of the Park as provided herein. This
Agreement does not establish any priority for the use of the Park by Company or by any
present or future licensees or other permit holders. In the event of any dispute as to the
priority of use of the Park, the first priority shall be to the public generally, the second
priority to the City in the performance of its various functions, and thereafter, as between
licensees and other permit holders, as determined by the City in the exercise of its powers,
including the police power and other powers reserved to and conferred on it by the State
of Texas.
7. Liability. Company covenants and agrees to release City, its officers, agents,
representatives, servants, and employees, from and against any and all claims or suits for
property damage, personal injury, or any other type of loss or adverse consequence
related in any way to the existence of this Agreement or the use and occupancy of the
Licensed Premises and the Park. Furthermore, City shall not be liable to Company for
any damage or theft of Company's equipment, facilities, or other contents.
8. Restoration of the Park. Company agrees that the Company shall repair and restore: (1)
the Licensed Premises; and (2)any City property that the Company damages,to the same
condition or better condition than the Licensed Premises or City property was in
immediately prior to the execution of this Agreement as determined by the Director. All
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such restoration must be conducted in accordance with the standards in Exhibit C, which
is incorporated herein by reference. If Company fails to complete all repairs and
restoration to the Licensed Premises and any other City property prior to the expiration of
the Term, City may, in its discretion, perform all such repairs and restoration on behalf of
the Company. In this event, Company will reimburse the City for the costs of such repairs
and restoration, and such reimbursement will be due immediately upon written request of
the City.
9. INDEMNIFICATION. COMPANY AGREES TO AND DOES HEREBY DEFEND,
INDEMNIFY AND HOLD HARMLESS THE CITY, AND ITS OFFICERS, AGENTS,
REPRESENTATIVES, AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS,
AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, THAT MAY
RELATE TO, ARISE OUT OF OR BE OCCASIONED BY(i) COMPANY'S USE OF THE
LICENSED PREMISES AND THE PARK, (ii) COMPANY'S BREACH OF ANY OF THE
TERMS OR PROVISIONS OF THIS AGREEMENT, OR (iii) ANY ACT OR OMISSION
OF COMPANY OR ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES,
CONTRACTORS, AND SUBCONTRACTORS, RELATED TO THIS AGREEMENT OR
THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT, WHETHER
OR NOT CAUSED, IN PART, BY THE NEGLIGENCE OF THE OFFICERS, AGENTS,
REPRESENTATIVES, OR EMPLOYEES OF THE CITY.
10. Limitation on Use. There shall be no equipment on the Park within 72 hours of a rain
event. The Company shall obtain the written approval of the Director, or his designee, of
all heavy equipment that will be used in the Licensed Premises and Company shall not
use any heavy equipment in the Licensed Premises that has not been approved by the
Director or his designee. The Company agrees that it shall not cut, clear or remove any
vegetation as a part of its efforts to conduct work (See Exhibit D & E on tree protection
and damages).
11. Compliance with Laws. Company shall, at its own cost and expense, comply with all
applicable laws, including, but not limited to, existing zoning ordinances, governmental
rules and regulations enacted or promulgated by any governmental authority and shall
promptly execute and fulfill all orders and requirements imposed by such governmental
entities for the correction, prevention and abatement of nuisances in or upon or connected
with said premises because of Company's use thereof.
12. Insurance. Company shall carry insurance as set out in Exhibit B, which is attached hereto
and incorporated herein for all purpose.
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13. Notice. All notices required or permitted under this Agreement shall be conclusively
determined to have been delivered when (i) hand-delivered to the other party, its agent,
employee, servant, or representative, or (ii) received by the other party by reliable
overnight courier or United States Mail, postage prepaid, return receipt requested, at the
address stated below or to such other address as one party may from time to time notify
the other in writing.
To THE CITY: To COMPANY:
Director Ridgemont Res, LLC.
Park & Recreation Department Kevin Mezger
City of Fort Worth Project Director/Principal
4200 South Freeway, Suite 2200 1520 W. Walnut Hill Lane
Fort Worth, Texas 76115 Irving, Texas 75038
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
200 Texas Street
Fort Worth, Texas 76102
14. Public Safety. Company shall be solely responsible for initiating, maintaining, and
supervising all safety precautions and programs in connection with the Company's use of
the Park.
15. Hazardous Materials. Under no circumstances will the Company use or cause to be used
on the Park any hazardous or toxic substances or materials, or intentionally or knowingly
store or dispose of any such substances or materials on the Park.
16. Force Maieure. 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 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.
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17. Choice of Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas. If any action, whether real or asserted, at
law or in equity, arises on the basis of any provision of this Agreement, venue for such
action shall lie in state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas - Fort Worth Division.
18. Binding Effect. The terms and provisions of this Agreement shall inure to the benefit of
and be binding upon City and Company and their respective successors and assigns and
shall be covenants running with the land.
19. Entire Agreement. This Agreement contains all of the agreements between the parties
respecting the subject matter hereof, and no prior representations or statements, verbal
or written, have been made modifying, adding to, or changing the terms of this instrument.
20. No Waiver of Immunity. Nothing herein shall be deemed to limit or waive the sovereign
or governmental immunity of City or Company.
21. Assignment. This Agreement, in whole or in part, is not assignable by either party, without
the express written consent of the other party. Any attempt to assign this Agreement
without the required consent is void and without force and effect.
[SIGNATURE ON FOLLOWING PAGE]
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By executing this Agreement, Company agrees to and accepts the terms, conditions and
provision contained herein.
CITY OF FORT WORTH: RIDGEMONT RES, LLC:
—74/Z
-��� �
By : B\/ Kevin Mezger(Aug 16,202205:26 PDT)
Jesica McEachen 1 Kevin Mezger
Assistant City Manager Project Director/Principal
Date: Aug 25, 2022 Date:Aug 16, 2022
REVIEWED BY:
By : 1g9te
Dave Lewis
Interim Director
Park& Recreation Department
By : 11�
Joel McElhany
Assistant Director
Park& Recreation Department
APPROVED AS TO FORM AND LEGALITY:
By :
Taylor Paris
QovoggU
Assistant City Attorney epd�pORrIl��
°°°o°° °�o�
P�S o•1 d
PVo 0=4
ATTFyS,,l1`12�t2Yc� C7000t�GI�G aana aexp5ap�
By •Jannette S.Goodall(Aue26,202207:20 CDT)
Janette Goodall
City Secretary
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the
monitoring and administration of this contract, including ensuring all
performance and reporting requirements.
David B.Tadr�y
By :David B.Jodray(Aug 19,202214:57 CDT)
David B. Jodray
Park Planner
Contract Authorization: OFFICIAL RECORD
No M&C Required CITY SECRETARY
Temporary License Agreement:Ridgemont Res,LLC,—Alliance Park FT. WORTH, TX
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Exhibit A
Park Improvements—Alliance Park
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Exhibit B
Temporary Workspace—Alliance Park
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T¢mpceary
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Insurance
1.01 Duty to Acquire and Maintain. Company shall ensure that a policy or policies of insurance
are procured and maintained at all times, in full force and effect, to provide coverage of the types
and amounts specified herein, naming the City as an additional insured as set forth herein, and
covering all public risks related to the use, occupancy, condition, maintenance, existence, or
location of the Licensed Premises. The insurance required hereunder may be met by a
combination of self-insurance and primary and excess policies.
1.02 Types and Amounts of Coverage Required
a. Commercial General Liability:
(1) $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including
coverage for the following: (i) Premises Liability; (ii) independent contractors; (iii)
products/completed operations; (iv) personal injury; (v) contractual liability; (vi)
explosion, collapse, and underground property damage
b. Property Damage Liability:
(1) $1,000,000.00 per occurrence
C. Umbrella Policy
(1) $5,000,000.00
d. Environmental Impairment Liability (EIL) and Pollution Liability
(1) $2,000,000 per occurrence
(2) $5,000,000 aggregate
e. Automobile Liability:
(1) $1,000,000.00 Each accident on a combined single-limit basis
f. Worker's Compensation:
(1) As required by law
g. Employer's Liability:
(1) $1,000,000.00 per accident
1.03 Revisions to Required Coverage. At the reasonable recommendation of the City's Risk
Manager, the City may at any time revise insurance coverage requirements and limits required
by this License. Company agrees that within ten (10) days of receipt of written notice from the
City, all such revisions requested by the City will be implemented. The policy or policies of
insurance shall be endorsed to provide that no material changes in coverage, including, but not
limited to, cancellation,termination, non-renewal, or amendment, shall be made without thirty(30)
days' prior written notice to the City.
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1.04 Underwriters and Certificates. The insurers for all policies must be licensed and approved
to do business in the State of Texas. Except for workers' compensation, all insurers must have
a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably
equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, prior written approval of the City's Risk Management Division is required.
Within ten (10) business days following execution of this License, Company shall ensure that City
is furnished with certificates of insurance signed by the respective companies as proof that the
types and amounts of insurance coverage required herein have been obtained. In addition,
Company shall, on demand, provide the City with evidence that it has maintained such coverage
in full force and effect.
1.05 Deductibles. Deductible or self-insured retention limits on any line of coverage required
herein shall not exceed $25,000.00 in the annual aggregate unless the limit per occurrence or per
line of coverage, or aggregate is otherwise approved by the City.
1.06 No Limitation of Liability. The insurance requirements set forth in this section and any
recovery by the City of any sum by reason of any insurance policy required under this License
shall in no way be construed or affected to limit or in any way affect Company's liability to the City
or other persons as provided by this Agreement or law.
1.07 Umbrella or Excess Liability. If insurance policies are not written for specified coverage
limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability
shall follow form of the primary coverage.
1.08 Additional Insured. The City, its officers, employees and volunteers shall be named as an
Additional Insured on the Automobile and Commercial General Liability policies.
1.09 Waiver of Subrogation. The insurance shall include a waiver of rights of recovery
(subrogation) in favor of the City of Fort Worth.
1.10 Copies of Policies and Endorsements. City shall be entitled, upon request and without
expense, to receive copies of policies and endorsements thereto and may make any reasonable
requests for deletion or revision or modifications of particular policy terms, conditions, limitations,
or exclusions in order to comply with the requirements of this Agreement except where policy
provisions are established by law or regulations binding upon either of party or the underwriter on
any such policies.
1.11 Certificate of Insurance. Company shall submit to the City a certificate of insurance
evidencing all required insurance coverage and any applicable endorsements.
END OF SECTION
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Exhibit C
Park Restoration Standards
SECTION 32 92 13
SODDING
Part 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Furnishing and installing grass sod as shown on Drawings, or as directed.
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the
Contract
2. Division 1 - General Requirements
3. Section 31 10 00 —Site Clearing
4. Section 32 91 19 —Topsoil Placement and Finishing of Parkways
5. Section 32 84 23 - Irrigation
1.2 price and payment procedures
A. Measurement and Payment
1. Sod Placement
a. Measurement
1) Measurement for this Item shall be by the square yard of Sod complete in
place for uniform vegetative coverage.
b. Payment
1) The work performed and materials furnished in accordance with this Item
and measured as provided under"Measurement"will be paid for at the unit
price bid per square yard of Sod placed.
c. The price bid shall include:
1) Surface preparation, scarifying subgrade, cleaning, and fine grading as
described in section 3.3 Preparation
2) Furnishing and placing all sod (until established complete in place with no
gaps or overlaps)
3) Rolling and tamping
4)Watering (until established)
5) Fertilizer, if required by City to be determined by soil test
6) Disposal of surplus materials off site or as directed by City
7)Weed removal (until established)
8) Mowing of two cycles, beginning at thirty (30) days from installation or when
blade height is 4" or greater, whichever comes first
9) Mowing cycles shall be spaced a minimum of ten (10) days apart (until
established)
d. Exceptions to c. include the following for areas to be turned over to adjacent
properties for maintenance:
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1) Sod shall be watered until turned over to adjacent property owner for
maintenance
2) Fertilization will not be required
3) Mowing not required for projects in areas where maintenance will be
immediately turned over to adjacent property owners
2. Mowing
a. Measurement
1) Measurement for this Item shall be per each for the project, beyond the two
(2) mow cycles included in sodding price, as approved and directed by the
City
b. Payment
1) The work performed and materials furnished in accordance with this Item
and measured as provided under"Measurement"will be paid for at the unit
price bid per each.
1.3 References [not used]
1.4 administrative requirements [not used]
1.5 Action submittals [NOT USED]
1.6 informational submittals
A. Certifications, Samples and Documentation
1. Certificates and/or labels and samples of sod, fertilizer, compost, soil
amendments and/or other materials, including a certificate from the vendor
indicating sod is free from weeds.
2. Delivery receipts and copies of invoices for materials used for this work shall
be subject to verification by the City
B. Exceptions
1. Certifications, samples and associated documentation will not be required for
sod to be turned over to adjacent property owner for maintenance
1.7 closeout submittals [not used]
1.8 maintenance material submittaLs [not used]
1.9 quality assurance
A. Developer/contractor who plants material is responsible for the supervision of crew, the
site, and the maintenance of the material until the project is accepted by the City
1.10 delivery, storage, and handling
A. Sod
1. Protect from exposure to wind, sun and freezing.
2. Keep stacked sod moist, consistently throughout stack.
3. Sod upon delivery may be inspected by City
4. Harvesting and planting operations shall be coordinated with not more than
seventy-two (72) hours elapsing between harvesting and placement, rolling,
tamping, and watering of sod.
B. Fertilizer, as determined by soil testing report provided to Contractor, if specifically
required by City for the project.
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1. Provide unopened bags labeled with the manufacturer's guaranteed fertilizer
analysis.
2. Conform to Texas fertilizer law, Texas Agriculture Code Chapter 63.
3. Provide to City application rate for which fertilizer will be applied.
1.11 field [site] conditions
A. Grading of site and installation of topsoil must be approved by City prior to application of
sod.
1.12 warranty
A. Warranty Period: Until project acceptance or through required maintenance period,
whichever is longer duration of time.
B. Warrant sod against defects in product, installation and workmanship.
1. Exceptions include
a. When maintenance is transferred to the adjacent property owner during the
project or after project acceptance
b. Vandalism caused by persons other than contractor or subcontractors of this
project
c. Improper watering by persons other than contractor or subcontractors of this
project
d. Damage caused by vehicles or equipment other than contractor or
subcontractors of this project.
e. Sod that goes dormant after job acceptance
Part 2 - PRODUCTS
2.1 OWNER-FURNISHED PRODUCTS [NOT USED]
2.2 MATERIALS AND EQUIPMENT
A. Materials
1. Sod
a. Sod Varieties (match existing if applicable)
1) "Cynodon dactylon TIF419" (Bermudagrass hybrid)
2) or an approved St. Augustine grass
3) or an approved Zoysia grass
b. Sod must contain stolons, leaf blades, rhizomes and roots as appropriate to
species.
c. Sod shall be alive, healthy and free of insects, disease, stones, undesirable
foreign materials and weeds and grasses deleterious to its growth or which might
affect its subsistence or hardiness when transplanted.
1) Johnsongrass not allowed
2) Nutgrass not allowed
3) Millet not allowed
d. Sod shall have been produced on growing beds of clay or clay loam topsoil.
e. Sod must not be harvested or planted when its moisture condition is so
excessively wet or dry that its survival will be affected.
2. Minimum sod thickness: 1/2-inch minimum
a. Maximum grass height: 2-inches
b. Dimensions
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1) Machine cut to uniform soil thickness.
2) Sod is to be cut in strips 16-inches wide and 24-inches long or approved
equal.
3) Sod shall be of equal width and of a size that permits the sod to be lifted,
handled and rolled without breaking.
c. Broken or torn sod or sod with uneven ends shall be rejected.
d. Temporary Erosion Control or Over Seed of dormant sod—consist of the sowing
of cool season plant seed. Seed must be included between November 1 through
March 1 or as directed by the City.
Common Name Botanical Name Lbs./Acre Lbs./Acre
broadcas drilled
t method seed
method
Elbon Rye Secale cereale 100-120 80-100
3. Fertilizer to be installed only as directed by City or as indicated in
construction documents
a. Determined by soil testing report
b. Acceptable condition for distribution per manufacturer's instructions
c. Applied uniformly over sod area. Do not fertilize inside the dripline of trees, or
Tree Protection Area.
4. Topsoil: See Section 32 91 19.
5. Water: clean and free of industrial wastes or other substances harmful to the
germination of seed or to the growth of the vegetation.
2.3 AccessoRies
A. SOD PINS
1. Metal
2. Wood pegs
2.4 source quality control [not used]
Part 3 - EXECUTION
3.1 INSTALLERS [NOT USED]
3.2 EXAMINATION
A. City may examine site grading to ensure it conforms to approved drawings, prior to
installing sod.
1. City will notify Contractor if grading is to be inspected prior to sod installation.
2. If required for specific project, Contractor must coordinate inspection seventy-
two (72) hours prior to cutting of sod and delivery
B. Sod may be inspected by City upon delivery.
3.3 PREPARATION
A. Surface Preparation: clear surface of all material including the following and dispose of
off-site or as directed by City:
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1. Stumps, stones, and other objects larger than 1-inch.
2. Roots, brush, wire, stakes, etc.
3. Any objects that may interfere with sodding or maintenance.
B. Scarify Subgrade
1. Scarify subgrade to a depth of 2-inches before depositing the required topsoil.
2. Compacted or heavily vegetated areas may be tilled 3-inches deep with City
approval
a. For tilled areas, use a heavy-duty disc or a chisel-type breaking plow,
chisels set not more than 104nches apart.
b. Initial tillage shall be done in a crossing pattern for double coverage, then
followed by a disc harrow. Depth of tillage may be up to 3-inches.
c. Areas sloped greater than 3:1: run a tractor parallel to slope to provide less
seed/water run-off
3. Areas near trees: Do not till within dripline of tree. Do not disturb the Tree
Protection Area, or canopy dripline.
C. Cleaning
1. Soil shall be further prepared by the removal of debris, building materials,
rubbish, and rock 1-inch and greater, and weeds.
2. Remove and dispose of debris off-site.
D. Fine Grading:
1. After scarifying or tilling and cleaning, all areas to be sodded shall have 3-
inches of topsoil placed, be leveled, fine graded by use of weighted spike and
harrow, or float drag, or hand grading to eliminate ruts, depressions, humps,
and objectionable soil clods. This shall be the final soil preparation step to be
completed prior to inspection before sodding.
2. Areas near trees: Do not disturb the Tree Protection Area, or canopy dripline
3.4 INSTALLATION
A. General
1. Do not lay sod when ground is frozen.
2. Over-seeding with Elbon Rye shall be included from November 1 until March 1.
Refer to Section 32 92 14 "Seeding" for seed rates.
B. Installation
1. Plant sod specified after the area has been inspected and accepted by City for
planting
2. Scarify 2-inches of subgrade and place a minimum of 3-inches of topsoil per
Section 32 91 19 on areas to receive sod.
3. Sod to be laid parallel to the contours in areas as specified. Sod to be laid
perpendicular to slopes greater than or equal to 4:1.
4. Use care to retain native soil on the roots of the sod during the process of
excavating, hauling and planting.
5. Keep sod material moist from the time it is dug until planted. Dry sod shall be
rejected.
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6. Fill in slumped areas due to watering to keep sod moist.
7. Place sod so that the entire area designated for sodding is covered with no
gaps or overlapping material
B. Fill voids left in the solid sodding with additional sod and tamp.
9. Stagger joints and seams.
10. Roll and tamp sod so that sod is in complete contact with topsoil at a uniform
slope.
a. Use pedestrian mechanical process (no motorized vehicles/equipment).
b. Low spots, or settlement greater than 1-inch, that may cause tripping hazard
shall be leveled
c. Finished grade of sod shall be maximum 1-inch below adjacent edges including
curbs, drives, and walkways.
11. Peg sod with wooden pegs (or wire staple) driven through the sod block to
the firm earth in areas that may slide due to the height or slope of the surface
or nature of the soil.
C. Watering and Finishing
1. Water sod to a minimum depth of 4-inches immediately after placed and
tamped and rolled.
2. Generally, as recommended by the vendor
3. Water source shall be clean and free of industrial waste or other substances
harmful to the germination of the seed or growth of the vegetation.
4. Water until 100 percent green and established as defined in 3.13. Dormant sod
must be over-seeded as directed in 2.2 A.2.d.
3.5 repair/restoration [NOT USED]
3.6 re-installation [not used]
3.7 field quality control [not used]
3.8 system startup [not used]
3.9 adjusting [not used]
3.10 cleaning [not used]
3.11 closeout activities
3.12 protection [not used]
3.13 MAINTENANCE
A. Sodding
1. Water and mow sod until completion and final acceptance of the Project or as
directed by the City.
2. Trim and maintain along edges including curbs, drives, and walkways with
maximum 1-inch surface elevation change.
3. Sod shall be rooted to scarified soil with continuous surface coverage with no
gaps or overlapping edges.
4. Includes protection, replanting, and maintaining grades with no settlement
over 1-inch, and immediate repair of erosion damage until the project
receives final acceptance.
Temporary License Agreement:Ridgemont Res,LLC,—Alliance Park
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August 2022
5. Sod shall not be considered finally accepted until the sod has started to peg
down (roots growing into the soil) and is free from dead blocks of sod.
B. Acceptance
1. Sod shall be accepted once fully established.
a. Sodded area must have 100 percent ground coverage and a blade height of 3-
inches with 2 mow cycles, minimum ten (10) days apart, performed by the
Contractor prior to consideration of acceptance by the City.
b. Grass shall be actively growing and free of disease and pests.
c. Ground surface to be smooth and free of foreign material and rock or clods 1-
inch diameter and greater.
C. Replanting
1. Replant areas with dead blocks of sod (50 percent of individual block or
greater).
D. Rejection
1. City may reject sod area based on the following items prior to final
acceptance:
a. Weed populations
b. Poor installation including but not limited to gaps and/or overlapping sod
c. Disease and/or pests
d. Insufficient or over watering
e. Poor or improper maintenance
f. Soil settlement in excess of 1-inch.
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
Temporary License Agreement:Ridgemont Res,LLC,—Alliance Park
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August 2022
Exhibit D
TREE PROTECTION
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Temporary License Agreement:Ridgemont Res,LLC,—Alliance Park
17 of 20
August 2022
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END OF SECTION
Temporary License Agreement:Ridgemont Res,LLC,—Alliance Park
18 of 20
August 2022
Exhibit E
DAMAGE TO CITY TREES
NO PRUNING OF ANY CITY TREE SHALL BE PERMITTED, UNLESS SPECIFIED
OTHERWISE IN THESE SPECIFICATIONS. Severe damage to trees will result in replacement or
compensation of trees by the COMPANY. Failure to replace damaged trees shall be considered a
breach of contract and COMPANY shall be assessed for damages. Slight or moderate damage to
trees will result in assessment of damages.
ASSESSMENT OF DAMAGES TO TREES
1.1. Company will check trees in the Licensed Premises before contract work begins, any
damage will be noted and reported to the Director or his designee.
1.2. The Director, or his designee, may conduct random checks of the trees during the License
Period.
1.3. A check of all trees may be made at the end of the License Period. The City Forester,
Director or his designee, and Company will attend the inspection.
1.4. Damages shall be documented by memo to the City Forester with copy to contract file and
the Company.
1.5. Company may have the option of replacement or payment for severely damaged trees at
a location to be designated by the Parks and Recreation Department. Replacement shall
be made on caliper inch per caliper inch basis with a minimum size of replacement tree of
2" in caliper for trees damaged or removed less than 30" diameter at breast height (DBH)
and 2" per inch on trees 30" DBH or greater. Company shall be responsible for any
planting, watering, mulching and maintenance of replacement trees for a period of not less
than 2 years. Company shall compensate the City at a rate of$200 per caliper inch for any
tree that does not survive the 2 year establishment period.
1.6. Slight Damage shall be defined as damage, in the opinion of the City Forester that may
heal. Examples include, but are not limited to, scaring of the trunk into the cambial layer
'/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 trunk than 50% radius of the CRZ. Slight
damage to trees shall be assessed at a rate of$100.00 for each instance. For each day
that tree fencing is not properly placed, equipment or supplies are stored within CRZ, or fill
is stored within the CRZ, shall be considered one instance.
1.7. Moderate damage shall be defined as damage, in the opinion of the City Forester, that
contributes to the poor health and reduced longevity of the tree, and examples include, but
are not limited to, scaring of the trunk into the cambial layer greater than 2" but less than
1/3 of the trunk circumference or breaking of limbs more than 2" in diameter but less than
1/3 trunk caliper. Moderate damage shall also include compaction of soil, grading or filling
in 20%of the CRZ on one of four sides but outside the 50%radius of the CRZ, or disposing
of paint or concrete within 50% radius of the CRZ. Moderate damages shall be calculated
at a rate of%the assessed value of the tree per each instance of damage.
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August 2022
1.8. Severe damage or removal of trees is subject to a penalty of $200 per diameter inch of
trees removed or damaged for trees less than 30"DBH and$400 per diameter inch of trees
30" DBH or greater. Severe damage or removal shall include, but is not limited to, scaring
of the trunk to the cambial layer greater than 1/3 the trunk circumference, uprooting or
causing a tree to lean, or damage to a scaffolding branch or branch greater than 1/3 of
trunk caliper. Severe damage shall also include compaction of soil, grading or filling more
than 20% of the CRZ, or within 50% radius of the CRZ or on more than one of 4 sides.
Cutting 1/3 of the buttress roots within 3 times the distance of the DBH of the trunk, or
cutting 4 roots 4"or greater in diameter within 4'of the trunk shall also be considered severe
damage.
1.9. Branches shall be measured at the point of attachment or at the lateral to which the branch
would be pruned back to according to ANSI standards. Trees caliper shall be measured
according to accepted industry standards. Trees greater than 6" in caliper shall be
measured using DBH. Trees that must be removed due to damage caused by Company
shall be removed by the Parks and Recreation Department's Forestry Section Tree
Removal Contractor at Company's expense.
1.10 All damages shall be paid to the City Tree Fund. Failure to replace or pay for damaged
trees shall result in a breach of contract and Company will be automatically assessed
damages. Damages as described herein shall be deducted from payments otherwise due
to Company.
1.11 Remediation costs assessed hereunder constitute contractual damages intended to
compensate the City, as property owner, and have no bearing on whether or to what extent
any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning
Ordinance.
END OF SECTION
Signature: �ka.T
C,
Email: joel.mcelhany@fortworthtexas.gov
Temporary License Agreement:Ridgemont Res,LLC,—Alliance Park
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August 2022