HomeMy WebLinkAboutContract 53658 CITY SECRETARY
CuNTRACT NO. 531o59
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 BGE Inc,a Texas
corporation("Company"), acting by and through its duly authorized representative.
WHEREAS,the City owns a certain piece of property known as Arcadia Trial Park,7613 Arcadia
Trail,Fort Worth, TX 76137 (the"Park"); and
WHEREAS, The Company desires to gain access through and over the Park to perform survey
work to locate existing utilities and trees within the Park; and
WHEREAS, Company has represented to the City that there is no feasible alternative location in
which to locate existing utilities and trees;and
WHEREAS,the City has reviewed the Company's request and agrees to grant the Company access
through the Park in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the covenants and agreement contained herein, City
and 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 to use survey equipment to locate existing
utilities and trees as shown on the attached Exhibit A. The Licensed Premises shall be used
for no other purposes.
b. Company shall use its best efforts to locate and
physically mark all utilities(including, but not limited to, electric lines, waterlines, sewer
vacoV�_^Q lines, storm drains and lines, and gas lines) within the Licensed Premises, which shall_
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C�0�o5 orary License Agreement-Survey-Arcadia Trail �/ p�
C1�(SE�� arch 2020 a! T SEC^EU 0
FT. WORTH,TX
include, but not be limited to, conducting a dig test. 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.
c. 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. 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 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 B,which is incorporated herein by reference. If Company
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March 2020
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. In accordance with Texas Local Government Code Section
271.904, the COMPANY shall indemnify or hold harmless the City against liability for
any damage committed by the COMPANY or COMPANY's agent,or any other entity over
which the COMPANY exercises control to the extent that the damage is caused by or
resulting from an act of negligence, intentional tort, intellectual property infringement, or
failure to pay a subcontractor or supplier. City is entitled to recover its reasonable
attorney's fees in proportion to the Company's liability.
10. Limitation on Use. There shall be no equipment on the Park within 72 hours of a rain event. The
Company shall obtain the written approval of the Director,or his designee,of all heavy equipment
that will be used in the Licensed Premises and Company shall not use any heavy equipment in the
Licensed Premises that has not been approved by the Director or his designee.The Company agrees
that it shall not cut, clear or remove any vegetation as a part of it efforts to conduct work (See
Exhibit C&D 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. Shall be per City Secretary Contract No. 50764.
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 Senior Projcct Managcr
Park and Recreation Department BGE, Inc.
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March 2020
City of Fort Worth 777 Main Street, Suite 1900
4200 South Freeway, Suite 2200 Fort Worth,Texas
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 parry's reasonable
control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure
Event will be suspended only during the continuance of such event. If a Force Majeure Event
occurs,the City may,in its sole discretion,close or postpone the opening of its community centers,
parks,or other City-owned and operated properties and facilities in the interest of public safety and
operate them as the City sees fit.
17. Choice of Law; Venue. This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas. If any action,whether real or asserted, at law or in equity,arises on
the basis of any provision of this Agreement,venue for such action shall lie in state courts located
in Tarrant County, Texas or the United States District Court, for the Northern District of Texas -
Fort Worth Division.
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March 2020
19. 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—Survey-Arcadia Trail S of 14
March 2020
By executing this Agreement, Company agrees to and accepts the terms, conditions and provision
contained herein.
CITY OF FORT WORTH: BGE,INC By: � �. By: _�) P' L /
Richard Zavala Donald Lange, PE
Park and Recreation Department* Senior Project Manager
Date: 4 Date: ' �� ZCI 2-0
*Richard Zavala has been delegated the proper authority to execute this document on behalf of the City
pursuant to an Interoffice Memorandum from the City Manager dated October 12,2018.
APPROVED AS TO FORM
AND LEGALITY:
44-Matt Murray
Assistant City Attorney
0��.�
ATTESTED
r.4 •�s 'f'.
rty, ecre '
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.
hristina Moon
RiR'lw 84AIVN& 2
Title
Contract Authorization:
No M&C Required
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Temporary License Agreement—Survey-Arcadia Trait 6 of 14
March 2020
Exhibit A
Licensed Premises
UPSTRSTAM ENDPOINT
105 611.40 .° �FSe
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PROP TREE SURVEY AREA
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PROP TREE SURVEY AREA
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f^ .' ACCESS ALIGNMENT FROM
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Exhibit B
Park Restoration Standards
SECTION 02930-TURF SODDING
PART 1 -GENERAL
1.01 DESCRIPTION
A. Work Included: This work includes all labor,materials,and equipment for soil
preparation, Certilization, planting and other requirements,regarding turtgrass sodding
shown on the plans.
B. Related Work Specified Elsewhere: Section 02300, lartl;work.
1.02 REFERENCE STANDARDS
A. For exotic plant materials: American Joint Committee of ElorticultUral NOmenlaatLire.
Second Edition. 1942.
B. For native materials
a. Manual ol'thc Vascular Plants oC"I'exas by Correll arid Johnston
b. Check List of Vascular Plants of Texas by Hatch
e. Flora of North Central Texas by Shinners and Moller
1.03 St113MI'I"I'ALS
Samples, certificates and specifications ofsod.fertilizer,eomltast, 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 wid planting operations shall be coordinated with not more than forty
eight hours elapsing between the harvestutg and planting.
B. Fertilizer
1. unopened hags labeled with the analysis.
2. Cont'orrti to Texas Fertilizer 1_aw.
1.05 QUALITY CON'TROI,
-1lie Developer:Contractor who plants the sod is responsible ror Supervision of his crew.while
planting the sod and maintaining the sod until the project is accepted by the City.
TURF SODDING
U2930
I emgor'ary Ucense Agreement--Jurvey-Arcaoia r rau N of 14
March 2020
PART 2—PROD T"I'S
2.01 SOl)
A, The sod shall be Buchloe dactyloides("Prairie"Buffalograss)and shall consist of stolons,
leaf blades,rhizonies 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 tree of insects,disease,stones and undesirable foreign
materials and grasses. Sod shall have been produced on gro% ing beds of clay or clay-loans
topsoil. The sod sliall not be harvested or planted when its nnoi:sture 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 routs-to-roots and grass-to-grass.
B. 'I'lie sod shall be cut its 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 rot'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 is 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 Developericontraetor and shall be clean and tree of industrial
wastes or other substances harnlf:itl 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 tinic 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 tree of llttlgus,disease, live plants, seed,excessive cotton lint and any
liarnitul chemicals. "New Life Soil Conditioner"or"Perna Green Compost", as specified below
or an approved equal,shall be used. Raw organics are not acceptable.
A. For sail with ati alkalineplf condition: Lise"New Life Acid Gro"(acid pH)soil
conditioner as produced by Soil Building Systems of Dallas, or an approved equal.
13. For soil %%ilh an acidic pi I :ondition: Lisc"Perna Green Compost"by'i'exas Earth
ReSOUrces, Inc. of Dallas,or"New Lite Natural Grower" (ph 8.0 to 9.0)by Soil Building
Systems, htc., of Dallas.
C, Sample and Specification Submittal: Submit a producer's specification and a quail
sample of the compost proposed for the City's approval.
Tl RFSolJOING
0"a t0
Temporary License Agreement—Survey-Arcadia Trail 9 of 14
March 2020
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. Scarily subgrade to a depth of three inches befirre depositing the required topsoil.
13. 'Pillage shall he accomplished to loosen the topsoil,destroy existing vegetation and
prepare an acceptable sod bed. All areas shall be tilled with a heavy ditty disc or a chisel-
typc 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 live inches. A heavy duty rototiller may be used Ibr areas to be planted
m+ith 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.
1) Fine Grading: After tillage<in(]cleaning, all areas to he planted shall be topdressed with
one-half inch compost and then shall be leveled, line graded,and drug with a weighted
spike harrow or float drag. The required result shall be the elimination of ruts,
depressions.humps and ob.iccllotlable soil clods. This Shall be the final soil preparation
step to be completed before planting.
3.03 PLANPiNG
Prior 10 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. `Ilse sod shall be laid smoothly.
tightly butted edge to edge,and with staggered joints. Tlie sod shall be pressed firinly into the
sod bed by rolling or by hand tainping 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
deforniation ofthe surfaces of sodded areas. Following compaction, compost shall he used to fill
all cracks between sods. Vxcess compost shall be worked into the grass with suitable equipment
and shall be well watered. The quantity or compost shall be such that it will cause no smothering
or burning of the grass.
3.04 FERTILIZING
Twenty-ooc days alter 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.
FIND OF SECTION
TURF S(CDir16
02030
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Temporary License Agreement—Survey-Arcadia Trail 10 of 14
March 2020
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EXHIBIT D
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 his designee.
1.2. The Director, or his designee, may conduct random checks of the trees during the License
Period.
1.3. A check of all trees may be made at the end of the License Period. The City Forester,
Director or his designee,and Company will attend the inspection.
1.4. Damages shall be documented by memo to the City Forester with copy to contract file and
the Company.
1.5. Company may have the option of replacement or payment for severely damaged trees at a
location to be designated by the Parks and Recreation Department. Replacement shall be
made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2"
in caliper for trees damaged or removed less than 30"diameter at breast height(DBH)and
2"per inch on trees 30"DBH or greater. Company shall be responsible for any planting,
watering, mulching and maintenance of replacement trees for a period of not less than 2
years. Company shall compensate the City at a rate of$200 per caliper inch for any tree
that does not survive the 2 year establishment period.
1.6. Slight Damage shall be defined as damage,in the opinion of the City Forester that may heal.
Examples include, but are not limited to, scaring of the trunk into the cambial layer ''/z"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—Survey-Arcadia Trail 13 of 14
March 2020
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 504%radius of the CRZ,or disposing
of paint or concrete within 50%radius of the CRZ. Moderate damages shall be calculated
at a rate of the assessed value of the tree per each instance of damage.
1.8. Severe damage or removal of trees is subject to a penalty,of$200 per diameter inch of trees
removed or damaged for trees less than 30"DBH and$400 per diameter inch of trees 30"
DBH or greater. Severe damage or removal shall include;, but is not limited to, scaring of
the trunk to the cambial layer greater than 1/3 the trunk circumference,uprooting or causing
a tree to lean,or damage to a scaffolding branch or branch greater than 1/3 of trunk caliper.
Severe damage shall also include compaction of soil, grading or filling more than 20% of
the CRZ, or within 50% radius of the CRZ or on more than one of 4 sides. Cutting 1/3 of
the buttress roots within 3 times the distance of the DBH of the trunk, or cutting 4 roots 4"
or greater in diameter within 4' of the trunk shall also be considered severe damage.
1.9. Branches shall be measured at the point of attachment or at the lateral to which the branch
would be pruned back to according to ANSI standards. Trees caliper shall be measured
according to accepted industry standards. Trees greater than 6"in caliper shall be measured
using DBH. Trees that must be removed due to damage caused by Company shall be
removed by the Parks and Recreation Department's Forestry Section Tree Removal
Contractor at Company's expense.
1.10 All damages shall be paid to the City Tree Fund. Failure to replace or pay for damaged
trees shall result in a breach of contract and Company will be automatically assessed
damages. Damages as described herein shall be deducted from payments otherwise due to
Company.
1.11 Remediation costs assessed hereunder constitute contractual damages intended to
compensate the City,as property owner, and have no bearing on whether or to what extent
any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning
Ordinance.
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March 2020