HomeMy WebLinkAboutContract 59524CSC No. 59524
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"), acting by
and through its duly authorized Assistant City Manager and Trinity River Authority of Texas, a
conservation and reclamation district of the State of Texas ("TRA"), acting by and through its
duly authorized representative.
WHEREAS, the City owns public land designated and used as Ranches East Park located
at 3801 Lazy River Ranch 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, TRA is constructing the Henrietta Creek Relief Sanitary Sewer Interceptor
("Project") northwest of the Park;
WHEREAS, TRA desires to gain access to the Project using an existing gravel road
through the Park that connects to Lazy River Ranch Road; and
WHEREAS, the City agrees to grant TRA temporary access to the gravel road through
the Park in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the covenants and agreement contained herein,
City and TRA agree as follows:
1. License Granted. City hereby grants to the TRA a non-exclusive license to use the gravel
road through the Park as set forth in more detail in Exhibit A, which is attached hereto and
incorporated herein for reference, and as agreed to by the parties in Section 4 ("Licensed
Premises").
2. License Fee. Prior to the start of the License Period, TRA 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 be 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.
3. Term. The Effective Date of this Agreement shall be January 1, 2024 for an initial term of
twenty-one (21) months ending on October 1, 2025, with an option to renew for a six (6)
month term up to three (3) times.
4. Use of the Licensed Premises.
a. TRA may use the Licensed Premises for the purpose to access the Project
northwest of the Park. The Licensed Premises shall be used for no other purposes.
b. TRA shall improve the low water crossing within the Park using Flexamat for
erosion control and bank stabilization at the low water crossing.
c. Prior to the commencement of the initial Term, TRA 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. If TRA
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
Temporary License Agreement: Trinity River Authority — Ranches East Park OFFICIAL RECORD 1 of 19
May 2023 CITY SECRETARY
FT. WORTH, TX
connection with TRA's use of the Licensed Premises, the TRA shall provide
protection of the utilities to the satisfaction of the Park & Recreation Department
Director (Director) or Director's Designee.
d. The TRA 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
penalties or fines may occur.
5. Termination. The City may terminate this Agreement, without cause, upon five (5) days
with written notice to the TRA or immediately upon a breach of this Agreement by the TRA.
6. Use not Exclusive. This Agreement 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 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 TRA's use of the Park as provided herein. This Agreement
does not establish any priority for the use of the Park 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, 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. TRA 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 TRA for any damage or
theft of TRA's equipment, facilities, or other contents.
8. Restoration of the Park. TRA agrees that the TRA shall repair and restore: (1) the Licensed
Premises; and (2) any City property that the TRA damages, to the same condition or better
condition than the Licensed Premises or City property was in immediately prior to the
execution of this Agreement as determined by the Director. All such restoration must be
conducted in accordance with the standards in Exhibit C, which is incorporated herein by
reference. If TRA 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 TRA. In this event, TRA 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. TO THE EXTENT PERMITTED BY LAW, TRA AGREES TO AND
DOES HEREBY DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY, AND ITS
OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES FROM AND AGAINST
THOSE CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES DIRECTLY
RELATED TO THIS LICENSE, 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) TRA'S USE OF THE LICENSED PREMISES AND THE PARK, (ii) TRA'S
Temporary License Agreement: Trinity River Authority — Ranches East Park 2 of 19
May 2023
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, OR (iii)
ANY ACT OR OMISSION OF TRA OR ITS OFFICERS, AGENTS, REPRESENTATIVES,
EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS, RELATED TO THIS
AGREEMENT OR THE PERFORMANCE OR NONPERFORMANCE OF THIS
AGREEMENT.
10. Limitation on Use. There shall be no equipment on Parkland outside the gravel road within
72 hours of a rain event. The TRA shall obtain the written approval of the Director, or his
designee, of all heavy equipment that will be used in the Licensed Premises and TRA shall
not use any heavy equipment in the Licensed Premises that has not been approved by
the Director or Director's designee. The TRA 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. TRA 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 TRA's use thereof.
12. Insurance. TRA shall carry insurance as set out in Exhibit B, which is attached hereto and
incorporated herein for all purpose.
13. Notice. All notices required or permitted under this Agreement shall be conclusively
determined to have been delivered when (i) hand -delivered to the other party, its agent,
employee, servant, or representative, or (ii) received by the other party by reliable
overnight courier or United States Mail, postage prepaid, return receipt requested, at the
address stated below or to such other address as one party may from time to time notify
the other in writing.
To THE CITY:
Director
Park & Recreation Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
200 Texas Street
Fort Worth, Texas 76102
To TRA:
Trinity River Authority
Attn: Gary N. Oradat, P. E.
Executive Manager, PDCA
5300 South Collins Street
Arlington, Texas 76018
14. Public Safetv. TRA shall be solely responsible for initiating, maintaining, and supervising
all safety precautions and programs in connection with the TRA's use of the Park.
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May 2023
15. Hazardous Materials. Under no circumstances will the TRA 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.
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. Bindina Effect. The terms and provisions of this Agreement shall inure to the benefit of
and be binding upon City and TRA and their respective successors and assigns and shall
be covenants running with the land.
19. Entire Aareement. 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 Immunitv. Nothing herein shall be deemed to limit or waive the sovereign
or governmental immunity of City or TRA.
21. Assianment. This Agreement, in whole or in part, is not assignable by either party, without
the express written consent of the other party. Any attempt to assign this Agreement
without the required consent is void and without force and effect.
[SIGNATURE ON FOLLOWING PAGE]
Temporary License Agreement: Trinity River Authority — Ranches East Park 4 of 19
May 2023
By executing this Agreement, TRA agrees to and accepts the terms, conditions and provision
contained herein.
CITY OF FORT WORTH:
By :C�P�
Jesica McEachern
Assistant City Manager
Date: May 31, 2023
REVIEWED BY
By:4 fo—
Dave Lewis
Interim Director
Park & Recreation Department
By : 7'�—
Joel McElhany
Assistant Director
Park & Recreation Department
APPROVED AS TO FORM
AND LEGALITY:
By:
Taylor Paris
Assistant City Attorney
44444pn
cF FORr��ad
°
ATTESTED BY: o °o od oo
(I aa� bison o�py
By:
Jannette Goodall
City Secretary
Contract Authorization:
No M&C Required
TRINITY RIVER AUTHORITY:
a D�
By : gary .Oradat(May 19, 2023 13:52 CDT)
Gary N. Oradat, P.E.
Executive Manager, PDCA
Date: May 1% 2023
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.
�a
By: David B. Jodray (Ma , 20231 1 CDT)
David B. Jodray
Park Planner
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Temporary License Agreement: Trinity River Authority — Ranches East Park
May 2023
5of19
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Licensed Premises — Ranches East Park
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Temporary License Agreement: Trinity River Authority — Ranches East Park 6 of 19
May 2023
Exhibit B
Insurance
1.01 Dutv to Acauire and Maintain. TRA 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 Tvoes and Amounts of Coveraae Required
a. Commercial General Liabilitv:
(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 Liabilitv:
(1) $1,000,000.00 per occurrence
C. Umbrella Policv
(1) $5,000,000.00
d. Environmental Impairment Liabilitv (EIL) and Pollution Liabilitv
(1) $2,000,000 per occurrence
(2) $5,000,000 aggregate
e. Automobile Liabilitv:
(1) $1,000,000.00 Each accident on a combined single -limit basis
Worker's Compensation:
(1) As required by law
g. Emplover's Liabilitv:
(1) $1,000,000.00 per accident
1.03 Revisions to Reauired Coveraae. 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. TRA 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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May 2023
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, TRA 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, TRA 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 Liabilitv. 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 TRA's liability to the City or
other persons as provided by this Agreement or law.
1.07 Umbrella or Excess Liabilitv. 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 Subroaation. 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. TRA shall submit to the City a certificate of insurance evidencing
all required insurance coverage and any applicable endorsements.
END OF SECTION
Temporary License Agreement: Trinity River Authority — Ranches East Park 8 of 19
May 2023
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
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:
Temporary License Agreement: Trinity River Authority — Ranches East Park 9 of 19
May 2023
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.
Temporary License Agreement: Trinity River Authority — Ranches East Park 10 of 19
May 2023
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.
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
1) Machine cut to uniform soil thickness.
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May 2023
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
broadcas
t method
Elbon Rye Secale cereale 100-120
Lbs./Acre
drilled
seed
method
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:
1. Stumps, stones, and other objects larger than 1-inch.
2. Roots, brush, wire, stakes, etc.
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May 2023
3. Any objects that may interfere with sodding or maintenance.
B. Scarify Subgrade
1. Scarify subgrade to a depth of 2-inches before depositing the required topsoil.
2. Compacted or heavily vegetated areas may be tilled 3-inches deep with City
approval
a. For tilled areas, use a heavy-duty disc or a chisel -type breaking plow,
chisels set not more than 10-inches apart.
b. Initial tillage shall be done in a crossing pattern for double coverage, then
followed by a disc harrow. Depth of tillage may be up to 3-inches.
c. Areas sloped greater than 3:1: run a tractor parallel to slope to provide less
seed/water run-off
3. Areas near trees: Do not till within dripline of tree. Do not disturb the Tree
Protection Area, or canopy dripline.
C. Cleaning
1. Soil shall be further prepared by the removal of debris, building materials,
rubbish, and rock 1-inch and greater, and weeds.
2. Remove and dispose of debris off -site.
D. Fine Grading:
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.
6. Fill in slumped areas due to watering to keep sod moist.
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May 2023
7. Place sod so that the entire area designated for sodding is covered with no
gaps or overlapping material
8. 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.
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.
Temporary License Agreement: Trinity River Authority — Ranches East Park 14 of 19
May 2023
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
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: Trinity River Authority — Ranches East Park 15 of 19
May 2023
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PARKS AND COMMUNITY TREE ROOT PROTECTION DETAIL
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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
1.1. TRA 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 TRA will attend the inspection.
1.4. Damages shall be documented by memo to the City Forester with copy to contract file and
the TRA.
1.5. TRA may have the option of replacement or payment for severely damaged trees at a
location to be designated by the Parks & 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. TRA shall 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 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.
Temporary License Agreement: Trinity River Authority — Ranches East Park 18 of 19
May 2023
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 TRA shall
be removed by the Parks & Recreation 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.
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
�. ( a.
Signature:
Email: joel.mcelhany@fortworthtexas.gov
Temporary License Agreement: Trinity River Authority — Ranches East Park 19 of 19
May 2023