HomeMy WebLinkAboutContract 53539 RECEIVED CITY SECRETARY 12 rr4�ITRACT NO._ 5350 1
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CITY OFFORTWORTH TEMPORARY LICENSE AGREEMENT
CITY SECRETARY
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 Trinity Star
Enterprises, Incorporated, acting by and through its duly authorized representative("Company").
WHEREAS, the City owns a certain piece of property known as Linwood - Jesse D. Sandoval
Park, located at 301 Wimberly St,Fort Worth,TX 76107(the"Park"); and
WHEREAS, The Company desires to gain access through the Park to perform CCTV inspection
of an existing storm line;and
WHEREAS, Company has represented to the City that there is no feasible alternative route with
which to access the storm line; and
WHEREAS,the City has reviewed the Company's request and agrees to grant the Company access
through and over the Park in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the covenants and agreement contained herein, City
and Company agree as follows:
1. License Granted. City hereby grants to the Company a non-exclusive license to use a portion of
the Park as set forth in more detail in Exhibit 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")to the City for the rights and privileges granted herein. The License Fee
shall due and payable,without demand or offset, in legal tender of the United States at the Park&
Recreation Department("Department"),Attn: 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).
3. Term. The term of this Agreement shall be thirty (30) days, commencing upon execution of this
Agreement.
4. Use of the Licensed Premises.
a. Company may use the Licensed Premises for access and for replacement of an electrical
pole as shown on the attached Exhibit A. 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
Director, or his designee.
OFFICIAL RECORD
CITY SECRETARY
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mporary 2 License Agreement—Linwood Jesse D.Sandoval Park ®R.r.141c .l�
February 1A AA
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,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, the Director will work with Company to locate and physically mark all
such utilities within the Licensed Premises. If Company encounters any utility
infrastructure (including, but not limited to, electric lines, 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 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. Liabili . 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.
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February 2020
8. Restoration of the Park. Company agrees that Company will shall 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.
9. INDEMNIFICATION. COMPANY AGREES TO AND DOES HEREBY DEFEND,
INDEMNIFY AND HOLD HARMLESS THE CITY, AND ITS OFFICERS, AGENTS,
REPRESENTATIVES, AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS,
AND PERSONAL INJURY,INCLUDING,BUT NOT LIMITED TO,DEATH,THAT MAY
RELATE TO,ARISE OUT OF OR BE OCCASIONED BY(i) COMPANY'S USE OF THE
LICENSED PREMISES AND THE PARK, (ii) COMPANY'S BREACH OF ANY OF THE
TERMS OR PROVISIONS OF THIS AGREEMENT, OR (iii) ANY ACT OR OMISSION
OF COMPANY OR ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES,
CONTRACTORS, AND SUBCONTRACTORS, RELATED TO THIS AGREEMENT OR
THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT, WHETHER
OR NOT CAUSED, IN PART, BY THE NEGLIGENCE OF THE OFFICERS, AGENTS,
REPRESENTATIVES,OR EMPLOYEES OF THE CITY.
10. Limitation on Use. There shall be no equipment on the Park within 72 hours of a rain event. The
Company shall obtain the written approval of the Director, or his designee,of all heavy equipment
that will be used in the Licensed Premises and Company shall not use any heavy equipment in the
Licensed Premises that has not been approved by the Director or his designee.
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.
Temporary License Agreement—Linwood Jesse D.Sandoval Park 3 of 12
February 2020
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: To COMPANY:
Director Trinity Star Enterprises, Incorporated
Park and Recreation Department Attn: Thomas Lewis
City of Fort Worth 7501 US HWY 287 N, ste. C-2
4200 South Freeway, Suite 2200 Arlington, TX 76001
Fort Worth,Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
1000 Throckmorton
Fort Worth, Texas 76102
14. Public Safety. Company shall be solely responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with the Company's use of the Park.
15. Hazardous Materials. Under no circumstances will the Company use or cause to be used on the
Park any hazardous or toxic substances or materials,or intentionally or knowingly store or dispose
of any such substances or materials on the Park.
16. Force 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
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February 2020
occurs,the City may, in its sole discretion,close or postpone the opening of its community centers,
parks, or other City-owned and operated properties and facilities in the interest of public safety and
operate them as the City sees fit.
17. Choice of Law; Venue. This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas. If any action,whether real or asserted,at law or in equity, arises on
the basis of any provision of this Agreement, venue for such action shall lie in state courts located
in Tarrant County, Texas or the United States District Court for the Northern District of Texas -
Fort Worth Division.
18. Binding, Effect.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 Immunity. Nothing herein shall be deemed to limit or waive the sovereign or
governmental immunity of City or Company.
21. Assianment. This Agreement, in whole or in part, is not assignable by either party, without the
express written consent of the other party. Any attempt to assign this Agreement without the
required consent is void and without force and effect.
[SIGNATURE ON FOLLOWING PAGE1
By executing this Agreement, Company agrees to and accepts the terms, conditions and provision
contained herein.
Temporary License Agreement—Linwood Jesse D.Sandoval Park 5 of 12
February 2020
CITY OF FORT WORTH: TRINITY STAR ENTERPRISES,INC
By: Y•B
Rt hard Zavala Thomas Lewis
Di ctor Authorized Agent
Park and Recreation Department
Date: Date: 2/6/2020
APPROVED AS TO FORM
AND LEGALITY:
Matt Murray
Assistant City Attorney FoR'T .a.
A.
ATTESTED BY:
U? 3:1,
City Secretary •] p �,J
Contract Authorization:
No M&C Required
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,T
Temporary License Agreement—Linwood Jesse D.Sandoval Park
February 2020
Exhibit A
Park
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Temporary License Agreement—Linwood Jesse D.Sandoval Park 7 of 12
February 2020
Exhibit B
Insurance
1.01 Duty to Acquire and Maintain. Company shall ensure that a policy or policies of insurance are
procured and maintained at all times, in full force and effect,to provide coverage of the types and amounts
specified herein,naming the City as an additional insured as set forth herein, and covering all public risks
related to the use,occupancy,condition,maintenance,existence,or location of the Licensed Premises. The
insurance required hereunder may be met by a combination of self-insurance and primary and excess
policies.
1.02 Types and Amounts of Coverage Required
a. Commercial General Liability:
(1) $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for
the following: (i)Premises Liability;(ii)independent contractors;(iii)products/completed
operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse, and
underground property damage
b. Property Damage Liability:
(1) $1,000,000.00 per occurrence
C. Umbrella Policy
(1) $5,000,000.00
d. Environmental Impairment Liability(EIL)and Pollution Liability
(1) $2,000,000 per occurrence
(2) $5,000,000 aggregate
e. Automobile Liability:
(1) $1,000,000.00 Each accident on a combined single-limit basis
f. Worker's Compensation:
(1) As required by law
g. Employer's Liability:
(1) $1,000,000.00 per accident
1.03 Revisions to Required Coverage. At the reasonable recommendation of the City's Risk Manager,
the City may at any time revise insurance coverage requirements and limits required by this License.
Company agrees that within ten (10) days of receipt of written notice from the City, all such revisions
requested by the City will be implemented. The policy or policies of insurance shall be endorsed to provide
that no material changes in coverage,including,but not limited to,cancellation,termination,non-renewal,
or amendment, shall be made without thirty(30)days' prior written notice to the City.
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February 2020
1.04 Underwriters and Certificates. The insurers for all policies must be licensed and approved to do
business in the State of Texas. Except for workers' compensation,all insurers must have a minimum rating
of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that required,prior written approval
of the City's Risk Management Division is required. Within ten(10) business days following execution of
this License, Company shall ensure that City is furnished with certificates of insurance signed by the
respective companies as proof that the types and amounts of insurance coverage required herein have been
obtained. In addition, Company shall, on demand, provide the City with evidence that it has maintained
such coverage in full force and effect.
1.05 Deductibles. Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed$25,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage,
or aggregate is otherwise approved by the City.
1.06 No Limitation of Liability. The insurance requirements set forth in this section and any recovery
by the City of any sum by reason of any insurance policy required under this License shall in no way be
construed or affected to limit or in any way affect Company's liability to the City or other persons as
provided by this Agreement or law.
1.07 Umbrella or Excess Liability. If insurance policies are not written for specified coverage limits,an
Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form
of the primary coverage.
1.08 Additional Insured. The City, its officers, employees and volunteers shall be named as an
Additional Insured on the Automobile and Commercial General Liability policies.
1.09 Waiver of Subrogation. The insurance shall include a waiver of rights of recovery (subrogation)
in favor of the City of Fort Worth.
1.10 Copies of Policies and Endorsements. City shall be entitled, upon request and without expense,to
receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or
revision or modifications of particular policy terms,conditions,limitations,or exclusions in order to comply
with the requirements of this Agreement except where policy provisions are established by law or
regulations binding upon either of party or the underwriter on any such policies.
1.11 Certificate of Insurance. Company shall submit to the City a certificate of insurance evidencing all
required insurance coverage and any applicable endorsements.
Temporary License Agreement—Linwood Jesse D.Sandoval Park 9 of 12
February 2020
Exhibit C
Park Restoration Standards
A
SECTION 02930-TURF SODDING
PART1-GENERAL
1.01. DESCRIPTION
A. Work Included: This work includes all labor,materials and equipment for soil
preparation,fertilization,planting and other requirements regarding turfgrass sodding
shown on the plans.
i
B. Related Work Specified Elsewhere: Section 02300,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
materials 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. r
TURF SODDING
02930
Temporary License Agreement—Linwood Jesse D.Sandoval Park
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February 2020
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 vigorous 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 or 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.
2.02 FERTILIZER
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 have 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 pH conditia : 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 pH 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 Specification Submittal: Submit a producer's specification and a quart
sample of the compost proposed for the City's approval.
TURF SODDING
02930
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Temporary License Agreement—Linwood Jesse D.Sandoval Park 11 of 12
February 2020
N
PART 3-EXECUTION
3.01 GENERAL
All turfing 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. Pillage 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 final soil preparation
.0 step to be completed before planting.
WOO 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 extent 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 fill
all cracks between sods. Excess compost shall be worked into the grass with suitable equipment
e and shall be well watered. The quantity of compost shall be such that it will cause no smothering
or burning of the grass.
k9 3.04 FI;RTILIZNG
Twenty-one days after planting,turfgrass areas shall receive an application of 3-1-2 fertilizer at
t! the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning.
END OF SECTION
e
TURF soMMU
02930
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Temporary License Agreement—Linwood Jesse D.Sandoval Park 12 of 12
February 2020
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.
Name of Employee/Signa e
Title
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
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L irn�.hUCRETARY
RTH, TX