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HomeMy WebLinkAboutContract 59525CSC No. 59525 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 Estates Development Company, LLC, a Texas Limited Liability Company, acting by and through its duly authorized representative ("Company"). WHEREAS, the City owns public land designated and used as Oakmont Park located at 7000 Bellaire Drive, Fort Worth, Texas 76126 (the "Park"); WHEREAS, as steward of public land, the City has the responsibility to preserve and protect City parkland; WHEREAS, the Company is developing the Trinity Estates Development, a single family residential development within the City of Benbrook adjacent to the Park; WHEREAS, the Company will construct two eight -foot wide trail connections from the Trinity Estates Development to the existing Trinity Trail System within the Park; WHEREAS, the Company desires to access the Park from the Development to the Trinity Trail System, west of the Clear Fork Trinity River; and 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: 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 A, which is attached hereto and incorporated herein for reference, and as agreed to by the parties in Section 4 ("Licensed Premises"). 2. License Fee. Prior to the start of the License Period, Company shall pay TEN Dollars and No Cents ($10.00) ("License Fee"), 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 term of this Agreement shall be sixty-one (61) days, commencing on March 1, 2024 and ending on April 30, 2024, with an option to renewal for a second term. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Temporary License Agreement: Trinity Estates Development Company, LLC — Trinity Trail System 1 of 20 May 2023 4. Use of the Licensed Premises. a. Company may use the Licensed Premises for the purpose of performing public pedestrian trail infrastructure improvements within Oakmont Park. The Licensed Premises shall be used for no other purposes. b. Prior to the commencement of the Term, Company shall outline the boundaries of the Licensed Premises with flagging and orange mesh fencing to the satisfaction of the Park & Recreation Department Director (Director), or his designee. c. 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. If the 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 the Company's use of the Licensed Premises, the Company shall provide protection of the utilities to the satisfaction of the Director or Director's Designee. d. The Company shall not washout equipment and or concrete, fill up equipment with gas or other oils and hydraulics as to create potential spill hazards within the Park. If this is not adhered to, the agreement can be immediately terminated and additional 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 such restoration must be conducted in Temporary License Agreement: Trinity Estates Development Company, LLC — Trinity Trail System 2 of 20 May 2023 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. TO THE EXTENT PERMITTED BY LAW, THE COMPANY 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) 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 (M) 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. Comnliance 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. 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. Temporary License Agreement: Trinity Estates Development Company, LLC — Trinity Trail System 3 of 20 May 2023 UIG71tl:1Bra 16110 Director Park and 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 Y OYQ111Uv 16XIeWq Trinity Estates Development Company, LLC Attn: Scott Sandlin Manager 5137 Davis Boulevard North Richland Hills, Texas 76180 14. Public Safetv. 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. 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. Temporary License Agreement: Trinity Estates Development Company, LLC — Trinity Trail System 4 of 20 May 2023 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] Temporary License Agreement: Trinity Estates Development Company, LLC — Trinity Trail System 5 of 20 May 2023 By executing this Agreement, Company agrees to and accepts the terms, conditions and provision contained herein. CITY OF FORTT' WORTH: By:� Jesica McEachem Assistant City Manager Date: May 31, 2023 REVIEWED By : Dave Lewis Interim Director Park & Recreation Department By: , Joel McElhany Assistant Director Park and Recreation Department APPROVED AS TO FORM AND LEGALITY: rot - By: Taylor Paris Assistant City Attorney dovoan F�RT.pd� ATTESTED BY: �p0� � p Pvo osa nEXAsoap� By. Jannette Goodall City Secretary Contract Authorization: No M&C Required COMPANY, LLC: 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. yodray By: David B. Jodray (May 17, 2023 16:25 CDT) David B. Jodray Park Planner OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Temporary License Agreement: Trinity Estates Development Company, LLC — Trinity Trail System 6 of 20 May 2023 Exhibit A Licensed Premises — Oakmont Park WaL £3SNHd-1N3Ndal3A30 TdI1N301S3'd S31VIS3 ALINI2i1 I s S3WOHNMWS I 1181WC3Na11�3NNQ�lIVlLL o gg Temporary License Agreement: Trinity Estates Development Company, LLC — Trinity Trail System 7 of 20 May 2023 Exhibit B Insurance 1.01 Dutv 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 Twes 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 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 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. Temporary License Agreement: Trinity Estates Development Company, LLC — Trinity Trail System 8 of 20 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, 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 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 Company'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. Company 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 Estates Development Company, LLC — Trinity Trail System 9 of 20 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 Estates Development Company, LLC — Trinity Trail System 10 of 20 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 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 Estates Development Company, LLC — Trinity Trail System 11 of 20 May 2023 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 1) Machine cut to uniform soil thickness. Temporary License Agreement: Trinity Estates Development Company, LLC — Trinity Trail System 12 of 20 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 Elbon Rye Secale cereale Lbs./Acre broadcas t method 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. Temporary License Agreement: Trinity Estates Development Company, LLC — Trinity Trail System 13 of 20 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. Temporary License Agreement: Trinity Estates Development Company, LLC — Trinity Trail System 14 of 20 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 Estates Development Company, LLC — Trinity Trail System 15 of 20 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 Estates Development Company, LLC — Trinity Trail System 16 of 20 May 2023 �( v(D N � O 0 N p� W � r (D 73 U) m D m m 3 m Z5 Z5 1< m v m 0 0 7 0 0 v r r C) v co 1< m 3 0 N O N.T.S. Tree protection fencing shall be orange mesh or chain link and installed at the edge of travel way Cm or Fm 110R7➢.M&S SCALE: N.T.S. PARKS AND COMMUNITY TREE ROOT PROTECTION DETAIL a SERVICES DEPT. FILE NO. 000 m m �m m 0 C� Z �( m 3 N � O 00 W � r 0 m Cn cu D m m 3 m m v m 0 cu m 0 3 m n 0 3 v 0 r r n I v cn m 3 T 0 N O 1!3 Uor'LIty [VIY]CI' { ff" or I � IMUA PAMt mITY " AND CO1dm SALE: TREE PROTECTION N THE[YI'H DETAIL FILE No: N T. a we SERVICES nUT, 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 COM ANY. Failure to replace damaged trees shall be considered a P breach of contract and COM ANY shall be assessed for damages. Slight or moderate damage to P 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/2 the assessed value of the tree per each instance of damage. Temporary License Agreement: Trinity Estates Development Company, LLC — Trinity Trail System 19 of 20 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 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: �0.1-11117 Email: joel.mcelhany@fortworthtexas.gov Temporary License Agreement: Trinity Estates Development Company, LLC — Trinity Trail System 20 of 20 May 2023