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Home My WebLink AboutContract 55505CSC No. 55505 TEMPORARY LICENSE AGREEMENT This Temporary License Agreement ("Agreement") is entered into by and between the City of Fort Worth, Texas, a home-rule municipal corporation of the State of Texas ("City"), and Gorrondona & Associates, Inc., a Texas corporation, acting by and through its duly authorized representative ("Company"). WHEREAS, the City owns certain pieces of property known as Trinity Park, located at 2401 University Drive, Fort Worth, TX 76109 (the "Park"), respectively; WHEREAS, The Company desires to gain access through and over the Parks for the purpose of performing geotechnical investigation by boring to depth of 75' for a proposed City sanitary sewer line rehabilitation project; WHEREAS, Company has represented to the City that there is no feasible alternative location in which to locate the existing utilities; and WHEREAS, the City has reviewed the Company's request and agrees to grant the Company access through the Parks in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the covenants and agreement contained herein, City and Company agree as follows: 1. License Granted. In accordance with the terms and conditions of this Agreement, 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. Term. The term of this Agreement will consist of one (1) license period of thirty (30) days, commencing upon execution of this Agreement by City ("Commencement Date") and expiring at 11:59 p.m. on the 30th day following the Commencement Date ("License Period'). If Company fails to complete all obligations hereunder in accordance with this Agreement on or before the eXpiration of the License Period, including, but not limited to, restoration of the Licensed Premises or other City property, then Company agrees to extend the License Period on a month-to-month basis until Company has completed all obligations pursuant to this Permit. The extension of the License Period shall renew automatically each month until Company receives notice from the City that all of its obligations under the Permit have been completed, which notice the City shall not unreasonably withheld. Notwithstanding anything to the contrary, the City may terminate the extended License Period at any time and for any reason. 3. License Fee. City and Company expressly agree and stipulate that this Agreement is based on valuable consideration and an exchange of promises that will be independently beneficial to both parties. Both parties agree as a condition precedent to executing this Agreement that the consideration is valuable and sufficient and that neither party shall be able to assert otherwise in the event of litigation. Prior to the start of the License Period, Company shall pay TEN Dollars and No Cents ($ 10.00) ("License Fee") to the City for Temporary License Agreement-Rios Group-Trinity Park 1 of 20 March 2021 the rights and privileges granted herein. The License Fee is due and payable, without demand or offset, in legal tender of the United States at the Park & Recreation Department ("Department"), Attn: SWR Accounts Payable, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115 or such other place in Tarrant County, Texas as the Director of the Department or that person's designee ("Director") may hereafter notify Licensee (in writing and with reasonable advanced notice). 4. Use of the Licensed Premises. a. Company may use the Licensed Premises for the purpose of performing vacuum excavations as shown on the attached Exhibit A. The Licensed Premises shall be used for no other purposes. b. Prior to beginning work in Park, Company shall outline the boundaries of the Licensed Premises with flagging and orange mesh fencing to the satisfaction of the Director, or his designee. c. Prior to beginning work in Park, Company shall use its best efforts to locate and physically mark all utilities (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, and gas lines) within the Licensed Premises, which shall include, but not be limited to, conducting a dig test. With regard to all known water and electric utilities, a Park & Recreation Department staff will work with Company to locate and physically mark all such known utilities within the Licensed Premises. If Company encounters any utility infrastructure (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, or gas lines) in the course of or in connection with Company's use of the Licensed Premises, the Company shall provide protection of the utilities to the satisfaction of the Director, with such protective measures to be approved by the Director prior the application thereof. 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 fines penalties or fines may occur. 5. Termination. The City may terminate this Agreement, without cause, upon five (5) days written notice to the Company or immediately upon a breach of this Agreement by the Company. 6. Use not Exclusive. This Agreement and all rights granted to Company herein are strictly non-exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and other autharizations 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 autharization 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 priarity 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. Temporary License Agreement-Rios Group-Trinity Park 2 of 20 March 2021 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 Company will repair and restore: (1) the Licensed Premises; and (2) any City property 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. To the extent any road, curb, gutter, irrigation system, utility line, barricade, fence, or other improvement is destroyed, removed, or altered in connection with Company's activities under this Agreement, as determined in the sole reasonable discretion of the Director, Company shall reconstruct and restore such improvement in a good and workmanlike manner to a condition that is equal to or better than the one in which such improvement existed as of the Commencement Date of this Agreement. Any restoration required under this section must be completed by Company and inspected and approved by the Director prior to the expiration of the License Period or the License Period will be eXtended per Section 2. 9. INDEMNIFICATION. A. COMPANY AGREES TO PAY CITY FOR ALL DAMAGES SUFFERED OR INCURRED BY CITY, EITHER DIRECTLY OR INDIRECTLY, AS A RESULT OF ANY OPERATIONS ON OR FROM THE LICENSED PREMISES CONDUCTED FOR OR BY COMPANY, ITS AGENTS, EMPLOYEES, OR REPRESENTATIVES, INCLUDING, BUT NOT LIMITED TO, ALL DAMAGE OR INJURY TO STANDING OR FALLEN TIMBER, BUILDINGS, FENCES, EQUIPMENT, PIPELINES, UTLITIES, AND ALL OTHER PROPERTY WHETHER REAL OR PERSONAL. B. COMPANY AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY, AND ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY HIND, 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 Temporary License Agreement-Rios Group-Trinity Park 3 of 20 March 2021 OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS, RELATED TO TffiS 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. C. Environmental Indemnification. COMPANY DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM COMPANY'S OPERATIONS UNDER THIS PERMIT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF COMPANY, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF COMPANY, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. For purposes of the environmental indemnification, the words and phrases shall be defined as follows: Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of the existence of a violation of environmental requirements pertaining to work performed under this contract or by the operations of the Company and its subcontractors, and including without limitation: (a) Damages for personal injury and death, or injury to property or natural resources; (b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and investigation or remediation of the monitoring wells or any violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring wark required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such monitoring wells or violations or environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and Temporary License Agreement-Rios Group-Trinity Park 4 of 20 March 2021 (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. IL Environmental Requirements sha11 mean a11 applicable present and future statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (a) All requirements, including, but not limited to, those pertaining to reporting,licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and (b) All requirements pertaining to the protection of the health and safety of employees or the public. d. Company covenants and agrees that City shall in no way or under any circumstances be responsible for any property belonging to Company, its members, employees, agents, contractars, subcontractars, invitees, licensees, or trespassers that may be stolen, destroyed, or in any way damaged, and COMPANY HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY FROM ANY AND ALL SUCH CLAIMS. City does not guarantee police protection and will not be liable for any loss or damage sustained by Company, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the Licensed Premises. e. Company agrees that City shall not be liable for any loss, injury or damage whatsoever suffered or incurred by Company or Company's agents, employees or representatives while on the Licensed Premises. 10. Limitation on Use. There shall be no equipment on the Parlc 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 it efforts to conduct work (See Exhibit D& E on tree protection and damages). All Company equipment and materials shall be placed and maintained solely within the confines of the Licensed Premises. Use of any portion of the Park outside of the Licensed Premises shall not be permitted. The Company shall obtain the written approval of the Director of all heavy equipment that will be used in the Licensed Premises and Company Temporary License Agreement-Rios Group-Trinity Park 5 of 20 March 2021 shall not use any heavy equipment in the Licensed Premises that has not been approved by the Director. 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. 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 and Recreation Department City of Fort Worth 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 To COMPANY: President Gorrondona & Associates, Inc. 7524 Jack Newell Blvd. S. Fort Worth, Texas 76118 With a copy to: Department of Law City of Fort Worth Attn: City Attorney 1000 Throckmorton Fort Worth, Texas 76102 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. In addition, Company shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of traffic control devices shall be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. Company shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Company shall also take all necessary precautions and shall provide all necessary protection to prevent damage, injury, or loss to (a) all persons accessing portions of the Licensed Premises on which any construction is being performed by or on behalf of the Company; (b) all work performed on or from the Licensed Premises Temporary License Agreement-Rios Group-Trinity Park 6 of 20 March 2021 and all materials and equipment to be incorporated therein that are under the care, custody, or control of the Company, or the Company's employees, agents, contractors, or subcontractors, regardless of whether such material and equipment is stored on or off the Licensed Premises; and (c) other property on or adjacent to the Licensed Premises. 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 Majeure. 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 far such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. 18. Bindin Eg ffect. 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 Immunitv. Nothing herein shall be deemed to limit or waive the sovereign or governmental immunity of City or Company. 21. Assi . n.� ment• 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. 22. Independent Contractor. It is expressly understood and agreed that Company shall operate Temporary License Agreement-Rios Group-Trinity Park 7 of 20 March 2021 as independent entity in each and every respect hereunder and not as an agent, representative, or employee of the City. Company shall have the exclusive control and the exclusive right to control all details and day-to-day operations and activities relative to operation of the Company and installation of the sanitary sewer service line and any associated infrastructure and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Company acknowledges that the doctrine of respondent superior shall not apply as between the City and Company, its officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees. Nothing contained in this Permit shall be construed as the creation of a partnership or joint enterprise between the City and Company. 23. Documentin,� Condition of Licensed Premises. Company must provide the Director with videographic documentation of the condition of the Licensed Premises as they exist both before and after the use permitted herein. All such video must include a visible date and time stamp indicating when the videography occurred. Company must submit documentation of the pre-installation condition prior to commencing any work on the Licensed Premises. Post-installation documentation must be submitted no later than five (5) business days after the last day of the License Period. Director will distribute copies of the documentation to all appropriate City personnel to determine whether any damage has been done to the Licensed Premises. 24. Taxes. Company acknowledges and agrees that it shall be solely responsible for paying all taxes assessed or imposed by any governmental entity in connection with the construction, installation, operation, maintenance, repair, or reconstruction of the pipeline and with the use of the Licensed Premises or other City property related to activities within the scope of this Agreement. 25. Minimizin I�mpact to Ve etg ation. a. Company shall not cut or remove any trees on the Licensed Premises unless otherwise specifically permitted by the City. To minimize damage during construction, Company shall install chain link fencing on the outside drip line of trees and other vegetation specifically identified by the Director and as outlined in accordance with Exhibit E, which is attached hereto and incorporated herein for all purposes. Company shall notify the Director once the tree and vegetation protection measures have been installed and allow the Director an opportunity to inspect the work before construction begins. The City shall have at least two (2) business days following the date on which notice is received to conduct its inspection. The Company may begin construction after the second (2nd) business day following the date on which it provided notice to the City unless the City contacts the Company and identifies speciiic issues that render the tree and vegetation protection measures unacceptable. b. Company shall ensure that tree protection fencing remains in place throughout the License Period or any extended License Period. If any tree within the Park is damaged in connection with Company's operations, Company agrees to undertake remediation efforts, including paying of remediation costs, in accordance with Exhibit E, which is attached hereto and incorporated herein for all purposes. Any fencing shall remain in place until such time as the Licensed Premises are restored pursuant to the terms of this Agreement. Temporary License Agreement-Rios Group-Trinity Park 8 of 20 March 2021 26. Minimizin� Impact to Utilities. a. Prior to conducting any work on the Licensed Premise, Company shall use its best efforts to locate and physically mark all utilities (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, and gas lines) within the Licensed Premises, which best efforts shall include, but not be limited to, conducting a dig test. b. If Company encounters any utility infrastructure (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, or gas lines) in the course of or in connection with Company's use of the Licensed Premises, the Company covenants and agrees to cease construction operations and install protective measures over or around such utilities in compliance with specifications approved by the City's Water Department or by the Director. Following installation of the protective measures, Company shall contact the Director to arrange for inspection and approval by appropriate City personnel. 27. Protection of the Environment. a. Company hereby represents and warrants that it shall not knowingly, nor permit any third party to, use, handle, or store any Hazardous Materials on, under, over, or about Park or the Licensed Premises in violation of any applicable laws. Company shall not handle or store any Hazardous Materials on the Licensed Premises or the Park, except that the Company may, in compliance with applicable environmental laws and the terms of this paragraph, use and store Hazardous Materials in such amounts and types that are commonly used in connection with the uses permitted herein, provided, however, that Company specifically agrees to remove any and all such Hazardous Materials on or before the final day of the License Period. Company shall not introduce, use, generate, store, accept, or dispose of on, under, or about, transport across, or permit to exist on the Licensed Premises or the Park any "treatment, storage or disposal facility" ar"underground storage tank," as those terms are defined under applicable environmental laws. Far purposes of this Permit, "Hazardous Materials" shall mean potentially dangerous hazardous wastes, toxic substances, or related materials, including, but not limited to, pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or other fuels (including crude oil or any fraction or derivative thereo�; underground storage tanks, and substances considered hazardous, toxic, or the equivalent pursuant to applicable laws. Any Hazardous Materials used by the Company on the Licensed Premises shall be posted on site and a list shall be given to City. b. Company shall take commercially reasonable steps to avoid creating or aggravating any condition at the Park or the Licensed Premises that could present a threat to human health or to the environment. [SIGNATURE ON FOLLOWING PAGE] Temporary License Agreement-Rios Group-Trinity Park 9 of 20 March 2021 [Executed effective as of the date signed by the City Secretary below.] /[ACCEPTED AND AGREED:] City: �/GGI�G�ZGtl�qGGt $y; R��nard za�aia (npri, zozi zi:i3 cor� $y; Name: Richard Zavala* Name Title: Director, Park & Recreation Department Title: Date: AI�r 1, 2�21 Date: * Richard Zavala has been delegated the proper autharity to execute this document on behalf of the City pursuant to an Interoffice Memorandum from the City Manager dated November 12, 2018. Company: GV. TGlett GU/G,IO�r W. Truett Wllson (Mar 3Q 20211726 CDT) W. Truett Wilson, RPLS Authorized Agent M a r 30, 2021 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approved as to Form and Legality � (�...-,: By: Name: Taylor C. Paris Title: Assistant City Attorney 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. C�r:�uui Mc� BV: ChristinaMoon(Mar31,202109:18CDT) J Name: Tit1e: Christina Moon M a r 31, 2021 City Secretary: By: `�� Name: Mary Kayser Title: City Secretary Temporary License Agreement-Rios Group-Trinity Park 10 of 20 March 2021 Exhibit A Licensed Premises � i.;.,:ip . 1 � ' . - it i - j� . - - ` � � „�^ ' - '--�.�`'I : . ..�.:_ _ -.:..�;:: . : - °'ra � ' R. I' _ _ � �=;IJ. � 5� �-�r r^�-� r �: � � t . � . : �.., �. �;�� ,, a��il�� =_ y �I��#. y� �• ��q'R, � �� «A - __ ','.' ' ' ',' ' . i � -.. �,I,.�. —_T�__ - .� - _. -. 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' +�14 - � j� ��' ' y; -.� ' ' ' � � ,�I .,�� ' .' I''{,' h y 4'� .J. ��: ' 'I. '�� '� :�4 �! ,:�� ' , . �. =r''- y��i y�, �'-k�•_ Y I i�i I . i , . i . ... : .•,' _' �I a0.n', �.'I.:xti;i . _':�i�'. :'�R"'�� ,� .. ��' , ,. . L..: ' �'�'r. � i�•V 'I��':��r ".�'.'� '.�� .. I Temporary License Agreement-Rios Group-Trinity Park 11 of 20 March 2021 Exhibit B Insurance 1.01 Du . to Acquire and Maintain. Company shall ensure that a policy or policies of insurance are procured and maintained at all times, in full force and effect, to provide coverage of the types and amounts specified herein, naming the City as an additional insured as set forth herein, and covering all public risks related to the use, occupancy, condition, maintenance, existence, or location of the Licensed Premises. The insurance required hereunder may be met by a combination of self- insurance and primary and excess policies. 1.02 Types and Amounts of Covera _�e 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 Dama�e Liability: (1) $1,000,000.00 per occurrence c. Umbrella Policv (1) $5,000,000.00 Environmental Impairment Liabilit.�EIL) and Pollution Liability (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. Employer's Liabilit� (1) $1,000,000.00 per accident 1.03 Revisions to Required Covera�e. 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 Rios GroulrTrinity Park 12 of 20 March 2021 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 ar 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 ar 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 ofiicers, employees and volunteers shall be named as an Additional Insured on the Automobile and Commercial General Liability policies. 1.09 Waiver of Subro a_� tion. 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 ofparticular 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. 111 Certificate of Insurance. Company shall submit to the City a certificate of insurance evidencing all required insurance coverage and any applicable endorsements. Temporary License Agreement-Rios Group-Trinity Park 13 of 20 March 2021 Exhibit C Park Restoration Standards � x�r r c��.c��xi�� ry :� a�� i►ce� i��:��Q��ua►:�� 1.01 DESCRIPTION A. Work Included: This work includes all labor, materials and equipment for soil prepas•ation, fertilization, planting and other requirements regat•ding turfgrass sodding shown on the plans. B. Related Work Specified Elsewhere: Section d2300, Earthwork. 1.02 REFERENCE STANDARDS A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. B. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller 1.03 SUBMITTALS Samples, certificates and specifications of sod, fertilizer, compost, soil amendments or other rnaterials may be requested by the City. All delivery receipts and copies of invoices for materials used for this work shall be subject to verification by the City. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Sod: Harvesting and planting operations shall be coordinated with not more than forty eight hours elapsing between the harvesting and planting. B. Fertilizer 1. Unopened bags labeled with the analysis. 2. Conform to Texas Fertilizer Law. 1.05 QUALITY CONTROL The Developer/Contractor who plants the sod is responsible for supervision of his crew, while planting the sod and maintaining the sod until the project is accepted by the City. TURF SODDING 02930 -1- Temporary License Agreement Rios GroulrTrinity Park 14 of 20 March 2021 PART 2 — PRODUCTS 2.01 SOD A. The sod shall be Buchloe dactyloides ("Prairie" Buffalograss) and shall consist of stolons, leaf blades, rhizomes and roots with a healthy, virile system of dense, thickly matted roots throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive, healthy and viborous and shall be free of insects, disease, stones and undesirable foreign materials and grasses. Sod shall have been produced on growing beds of clay or clay-loam topsoil. The sod shall not be harvested or planted when its moisture condition is so excessively wet oi• dry that its survival will be affected. If sod is stacked, it shall be kept moist and shall be stacked roots-to-roots and grass-to-grass. B. The sod shall be cut in strips four feet wide to be laid parallel with the contours. I.�IY��I.��I�f�Il�lt� A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. B. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area two weeks after sodding. C. All fertilizer shall ha�e an analysis of 3-1-2 or as designated on the plans. The fertilizer rate shall be 45 pounds of nitrogen per acre. 2.03 WATER The water shall be furnished by the Developer/Contractor and shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, the sod should be soaked one time per day for three weeks or until established. Soaking is mandatory after spreading the fertilizer. 2.04 COMPOST All compost material is to be totally organic and decomposed for at lease nine months. All compost is to be clean and free of fungus, disease, live plants, seed, excessive cotton lint and any harmful chemicals. "New Life Soil Conditioner" or "Perma Green Compost", as specified below or an approved equal, shall be used. Raw organics are not acceptable. A. For soil with an alkaline nH condition: Use "New Life Acid Gro" (acid pH) soil conditioner as produced by Soil Building Systems of Dallas, or an approved equal. B. For soil with an acidic nH condition: Use "Perma Green Compost" by Texas Earth Resources, Inc. of Dallas, or "New Life Natural Grower" (ph 8.0 to 9.0) by Soil Building Systems, Inc., of Dallas. C. Sample and Speciiication Submittal: Submit a producer's specification and a quart sample of the compost proposed for the City's approval. TURF SODDING 02930 -Z- Temporary License Agreement Rios GroulrTrinity Park 15 of 20 March 2021 I ��.711[t� �V xii111 Y [i7►1 «Ilt�'1�1�I�1.��1 All turf'ing operations are to be executed across the slope, parallel to finished grade contours. 3.02 SOIL PREPARATION A. Scarify subgrade to a depth of three inches before depositing the required topsoil. B. Tillage shall be accomplished to loosen the topsoil, destroy existing vegetation and prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel- type breaking plow, chisels set not more than ten inches apart. Initial tillage shall be done in a crossing pattern for double coverage, then followed by a disc harrow. Depth of tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted with sod. C. Cleaning: Soil shall be further prepared by the removal of debris, building materials, rubbish, weeds and stones larger than one inch in diameter. D Fine Grading: After tillage and cleaning, all areas to be planted shall be topdressed with one-half inch compost and then shall be leveled, fine graded, and drug with a weighted spike harrow or float drag. The required result shall be the elimination of ruts, depressions, humps and objectionable soil clods. This shall be the iinal soil preparation step to be completed before planting. 3.03 PLANTING Prior to laying the sod, the planting bed shall be raked smooth to true grade and moistened to a depth of four inches, but not to the e�tent causing puddling. The sod shall be laid smoothly, tightly butted edge to edge, and with staggered joints. The sod shall be pressed firmly into the sod bed by rolling or by hand tamping with an approved tamper so as to eliminate all air pockets, provide a true and even surface, and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas. Following compaction, compost shall be used to iill all cracks between sods. Excess compost shall be worked into the grass with suitable equipment and shall be well watered. The quantity of compost shall be such that it will cause no smothering or burning of the grass. 3.04 FERTILIZING Twenty-one days after planting, turfgrass areas shall receive an application of 3-1-2 fertilizer at the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning. i�.n�+�xyx�rrc+�u TURF SODDING 02930 -3- Temporary License Agreement Rios GroulrTrinity Park 16 of 20 March 2021 EXHIBIT D TREE PROTECTION .� .N `. � m � � n � �i�J 4 t" n � ty o � � � z � � ��.�y l�.��.yJ LyJ � � y �M�� /� 0 � � � � � � � y � � r =, t'r r� � r y r � � � . � o tr. Q ' a Z '-� :/: r, , � ,_, �C' � ; . � i. r. _ ;� � � � n� =^ : � � �� r ry� r .a rn � � r r- � ��,� '--- � � �� ' ff � �� +�� .� x - � na •r. � � 7 - _ X � � 1 � •I. � y� � � � 1 I t �� . ,� � � �_ �'ti `� ' � � �. �, �� . � 1 � -z r� I � � � �, � Temporary License Agreement—Rios Group—Trinity Park 17 of 20 March 2021 . ri �j -,. r _ � � , , _ � } - i � � 7 i �i �/% :;: ... x : � :: .: .: .. 1 � .. 1 r- .,: .. V �I�1� � 4'r� f � r � � .f � �i a� f � •� � r'ti �; C � �i ti Temporary License Agreement-Rios Group-Trinity Park 18 of 20 March 2021 EXHIBIT E DAMAGE TO CITY TREES NO PRLTNING OF ANY CITY TREE SHALL BE PERMITTED, LTNLESS SPECIFIED OTHERWISE IN THESE SPECIFICATIONS. Severe damage to trees will result in replacement or compensation of trees by the COMPANY. Failure to replace damaged trees shall be considered a breach of contract and COMPANY shall be assessed for damages. Slight or moderate damage to trees will result in assessment of damages. ASSESSMENT OF DAMAGES TO TREES 1.1. Company will check trees in the Licensed Premises before contract work begins, any damage will be noted and reported to the Director or his designee. 1.2. The Director, or his designee, may conduct random checks of the trees during the License Period. 13. 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 far 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 Temporary License Agreement-Rios Group-Trinity Park 19 of 20 March 2021 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'/z the assessed value of the tree per each instance of damage. 1.8. Severe damage or removal of trees is subj ect 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. L 11 Remediation costs assessed hereunder constitute contractual damages intended to compensate the City, as property owner, and have no bearing on whether or to what extent any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance. Temporary License Agreement-Rios Group-Trinity Park 20 of 20 March 2021