HomeMy WebLinkAboutContract 59923CSC No. 59923
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 The Fain Group Inc., a Texas Domestic For -Profit
Corporation ("Company"), acting by and through its duly authorized representative. The City and
Company herein are collectively referred to as ("Parties") and individually to as ("Party").
WHEREAS, the City owns public land designated and used as Cobb Park located at 1600-3000
Cobb Drive, Fort Worth, Texas 76105 (the "Park");
WHEREAS, as steward of public land, the City has the responsibility to preserve and protect City
parkland;
WHEREAS, the Company desires to access the Park for installing of additional flood safety
lighting and signage improvements for the Sycamore Creek bridge crossing within the Park;
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.
Term. The term of this Agreement shall be sixty (60) days, commencing upon execution of this
agreement, with an option for one renewal term of sixty (60) days.
4. Use of the Licensed Premises.
a. Company may use the Licensed Premises for the purpose of flood safety improvements.
The Licensed Premises shall be used for no other purposes.
b. Company shall not drive vehicles beyond the park road and parking lot hard surfaces
without written permission from Park & Recreation Department Director (Director), or
Director's designee.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Temporary License Agreement: The Fain Group 1 of 20
Cobb Park (Park) July 2023
c. Company shall notify Park Planner at David.Jodrav_ n_,FortWorthTexas.Rov least 24-
bussiness hours before entering the Park.
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
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.
Temporary License Agreement: The Fain Group 2 of 20
Cobb Park (Park) July 2023
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 (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. No heavy equipment or vehicles outside park roadway or parking lot hard
surfaces within 72 hours of a rain event, except within the project workspace depicted in the Exhibit
A. 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.
Temporary License Agreement: The Fain Group 3 of 20
Cobb Park (Park) July 2023
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 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 COMPANY:
The Fain Group, Inc.
Attn: Larry Frazier
President
2500 Great Southwest Parkway
Fort Worth, Texas 76016
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,
Park, or other City -owned and operated properties and facilities in the interest of public safety and
operate them as the City sees fit.
Temporary License Agreement: The Fain Group 4 of 20
Cobb Park (Park) July 2023
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]
Temporary License Agreement: The Fain Group 5 of 20
Cobb Park (Park) July 2023
By executing this Agreement, Company agrees to and accepts the terms, conditions and provision
contained herein.
CITY(Og,F� F�^99O..RT WORTH: THE FAIN GROUP, INC:
/
By : �V �� By: Laify ier (I zs, 202315:04 CDT)
Jesica McEachern Larry Frazier
Assistant City Manager President
Date: Aug 14, 2023 Date: J U [ 28, 2023
REVIEWED BY
By:49q fa-,
Dave Lewis
Interim Director
Park & Recreation Department
By : —J.'
Joel McElhany
Assistant Director
Park & Recreation Department
APPROVED AS TO FORM
AND LEGALITY:
By:
Taylor Paris
Assistant City Attorney
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ATTESTED BY:
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Contract Compliance Manager:
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By signing I acknowledge that I am the
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person responsible for the monitoring and
By:
administration of this contract, including
Jannette Goodall
ensuring all performance and reporting
City Secretary
requirements.
David a Tod ay
By: David B. Jodray (Jul 28, 202315:20 CDT)
David B. Jodray
Park Planner
Contract Authorization:
No M&C Required
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Temporary License Agreement: The Fain Group 6 of 20
Cobb Park (Park) July 2023
Exhibit A
Licensed Premises — Cobb Park (Park)
Temporary License Agreement: The Fain Group 7 of 20
Cobb Park (Park) July 2023
Exhibit B
Insurance
1.01 Dutv to Acauire 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 Tvpes and Amounts of Coveraize Reauired
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 Policy
(1) $5,000,000.00
d. Automobile Liabilitv:
(1) $1,000,000.00 Each accident on a combined single -limit basis
e. Worker's Compensation:
(1) As required by law
f. 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.
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
Temporary License Agreement: The Fain Group 8 of 20
Cobb Park (Park) July 2023
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 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 Subrogation. The insurance shall include a waiver of rights of recovery (subrogation)
in favor of the City of Fort Worth.
1.10 Conies 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: The Fain Group 9 of 20
Cobb Park (Park) July 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
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:
1) Sod shall be watered until turned over to adjacent property owner for maintenance
2) Fertilization will not be required
Temporary License Agreement: The Fain Group 10 of 20
Cobb Park (Park) July 2023
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.
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.
Temporary License Agreement: The Fain Group 11 of 20
Cobb Park (Park) July 2023
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.
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.
Temporary License Agreement: The Fain Group 12 of 20
Cobb Park (Park) July 2023
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
broadcast
drilled seed
method
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 9119.
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.
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
Temporary License Agreement: The Fain Group 13 of 20
Cobb Park (Park) July 2023
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 9214 "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
9119 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.
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
Temporary License Agreement: The Fain Group 14 of 20
Cobb Park (Park) July 2023
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.
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.
Temporary License Agreement: The Fain Group 15 of 20
Cobb Park (Park) July 2023
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: The Fain Group 16 of 20
Cobb Park (Park) July 2023
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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 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 Director's designee.
1.2. The Director, or Director's 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
Director's 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 Park & 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 layer11/2" 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: The Fain Group 19 of 20
Cobb Park (Park) July 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 Park & 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:"
Email: joel.mcelhany@fortworthtexas.gov
Temporary License Agreement: The Fain Group 20 of 20
Cobb Park (Park) July 2023