HomeMy WebLinkAboutContract 54283 CSC No. 54283
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 Woody
Contractors, Inc.,a Texas corporation("Company").
WHEREAS, the City owns a certain piece of property known as Linwood - Jesse D. Sandoval
Park, located at 301 Wimberly Street,Fort Worth,TX 76107 (the"Park"); and
WHEREAS,the Company desires to gain access over and through the Park to replace drainage
improvements on a neighboring property; and
WHEREAS,the City has reviewed the Company's plans and agrees to grant the Company access
over and 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. 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 more accurately
depicted in in Exhibit A (the "Licensed Premises"), which is attached hereto and incorporated
herein for all purposes.
2. Term. The term of this Agreement shall be for 90 consecutive days ("License Period"),
commencing upon execution of this Agreement by City("Commencement Date") and expiring at
11:59 P.M. on the 90th day following the Commencement Date
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. Nothing herein shall constitute an obligation of City funds. City shall not
owe any amount of money for any reason whatsoever to the Company for services rendered in
connection with this Agreement. City shall not be liable nor owe any payment, fee, cost,penalty,
or money for any other reason whatsoever to Company.
4. Use of the Licensed Premises.
a. Company may use the Licensed Premises for access and for laydown and staging space
necessary for the replacement of drainage improvements on a neighboring property, as
OFFICIAL RECORD
Temporary License Agreement—Linwood-Jesse D.Sandoval Park 1 of 20
July2020 CITY SECRETARY
FT. WORTH, TX
shown on the attached Exhibit B,which is attached hereto and incorporated herein for all
purposes. The Licensed Premises shall be used for no other purposes.
b. 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.A violation of
this provision will allow the City to immediately terminate the Agreement.
5. Termination. The City may terminate this Agreement, without cause, upon five (5) days written
notice to the Company or immediately upon any breach of this Agreement by the Company.
6. Acceptance of Licensed Premises. Company takes all portions of the Licensed Premises and all
appurtenances in "'AS IS" condition without any express or implied warranty on the part of the
City.Company accepts the Licensed Premises in their present condition,finds them suitable for the
purposes intended, and further acknowledges that Company is thoroughly familiar with such
condition by reason of personal inspection and does not rely on any representations by the City as
to the condition of the Licensed Premises or their suitability for the purposes intended. Company
accepts the Licensed Premises subject to any and all previously recorded easements that may have
been granted on, along, over,under, or across said property, and releases the City from any and all
damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees,
contractors, or trespassers by reason of the exercise of such rights or privileges granted in said
easements. Company's taking possession of the Licensed Premises shall be conclusive evidence
that: (a)the Licensed Premises are suitable for the purposes and uses for which same are licensed;
and (b) the Company waives any and all defects in and to the Licensed Premises and all the
appurtenances thereto.
7. 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 Licensed Premises 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 Licensed Premises as provided herein. This Agreement does not establish
any priority for the use of the Licensed Premises 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 Licensed
Premises, the first priority shall be to the public generally, the second priority to the City in the
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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.
8. 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.
9. Public Safety.
a. Company shall be solely responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with Company's use of the Licensed Premises and the
Park.
b. At the request of City, Company shall: (i) install and maintain construction orange mesh
fencing around the entire border of the Licensed Premises; and(ii) erect a controlled-access entry
in the perimeter construction fencing in the form of chain link, as approved by the Director to
ensure that unauthorized personnel cannot enter the Licensed Premises. Following installation of
the fencing and controlled-access entrance, Company shall contact the Director to inspect for
proper installation. The controlled-access entry fencing shall be kept secure when not in use. At
no time shall any fenced area be left open unless staffed by security personnel.
C. 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 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.
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10. Restoration of the Park. Company agrees that Company will repair and restore: (1) the Licensed
Premises; and (2) any City property, including sidewalks, that 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. Any restoration of turf or
vegetation must be conducted in accordance with the standards set forth in Exhibit C, which is
attached hereto and incorporated herein for all purposes. If Company fails to complete all repairs
and restoration to the Licensed Premises and any other City property prior to the expiration of the
Agreement, 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.
11. Minimizing Impact to Vegetation.
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 at the above-referenced pre-construction meeting 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 specific 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 F,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.
12. Minimizing 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,
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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.
13. 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" or
"underground storage tank,"as those terms are defined under applicable environmental laws. For
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 thereof); 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.
14. INDEMNIFICATION. COMPANY AGREES TO AND DOES HEREBY DEFEND,
INDEMNIFY AND HOLD HARMLESS THE CITY, AND ITS OFFICERS, AGENTS,
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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.
15. Limitation on Use. There shall be no equipment on the Licensed Premises within seventy-two(72)
hours of a rain event. The Company shall obtain the written approval of the Director 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.
16. 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.
17. Insurance. Company shall carry insurance as set out in Exhibit D, which is attached hereto and
incorporated herein for all purposes.
18. Prohibition Against Liens. Company shall not do any act or make any contract that may be
purported to create or be the foundation of any lien on or any interest in the Licensed Premises or
the Park. Any such act,contract,or lien attempted to be created shall be void. Should any purported
lien on the Licensed Premises be created or filed,the Company shall, at its sole expense, liquidate
and discharge same within ten(10)business days after notice from the City to do so.
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19. 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:
Richard Zavala Woody Contractors,Inc.
Director Attn: Troy Woody
Park and Recreation Department 650 Tower Drive
City of Fort Worth Kennedale, TX 76060
4200 South Freeway, Suite 2200
Fort Worth,Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
1000 Throckmorton
Fort Worth,Texas 76102
20. 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; pandemics; 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.
21. Independent Contractor. It is expressly understood and agreed that Company shall operate as
independent entity in each and every respect hereunder and not as an agent, representative, or
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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.
22. 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.
23. 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.
24. 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.
25. No Waiver of Immunity. Nothing herein shall be deemed to limit or waive the sovereign or
governmental immunity of City or Company.
26. 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.
[SIGNATURES ON FOLLOWING PAGE]
Temporary License Agreement—Linwood-Jesse D.Sandoval Park 8 of 20
July 2020
By executing this Agreement, Company agrees to and accepts the terms, conditions and provision
contained herein.
CITY OF FORT WORTH: WOODY CONTRACTORS,INC.:
I41,J—� Troy LV OI�y
By:Valerie Washington(Aug 13,2020 00:10 CDT) By: Troy Woody(Aug 12,2020 09:03 CDT)
Valerie Washington Name: Troy Woody
Assistant City Manager Title: Authorized Agent
Date: Aug 13, 2020 Date: Aug 12, 2020
RECOMMENDED BY:
Richard Zavala(Aug1 017:17 CDT)
Richard Zavala
Parks&Recreation Director
APPROVED AS TO FORM
AND LEGALITY:
G2 IN G
T er Wallach(Aug 12,202010:53 CDT)
Tyler Wallach
Senior Assistant City Attorney
No M&C required.
Ordinance No. 24161-04-2020
4.d440pnq�
ATTESTED BY:
/� pvo osa
City Secretary
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.
By: Ch ristina Moon(Aug 12,202010:02 CDT)
Name: Christina Moon
Title: Park Planner
OFFICIAL RECORD
Temporary License Agreement—Linwood-Jesse D.Sandoval Park 9 of 20
July 2020 CITY SECRETARY
FT. WORTH, TX
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Temporary License Agreement—Linwood-Jesse D.Sandoval Park 11 of 20
July 2020
Exhibit C
Restoration Standards
SECTION 32 92 13.2
SODDING
PART1 - GENERAL
1.1 SUMMARY
A.Section Includes:
1. Furnishing and installing grass sod.
B.Related Standard City Specification Sections include, but are not necessarily limited to:
1. Section 32 91 19—Topsoil
2. Section 32 84 23 -Irrigation
1.6 INFORMATIONAL SUBMITTALS
A. Certificates and Samples
1. Certificates and specifications of sod, fertilizer, compost, soil amendments or
other materials as requested by the City.
1.10 DELIVERY, STORAGE,AND HANDLING
A.Block Sod
1. Protect from exposure to wind, sun and freezing.
2. Keep stacked sod moist consistently throughout stack.
3. Sod upon delivery shall be inspected by City provision of certificate from vender
to be provided to City indicating sod free of all weeds.
4. Harvesting and planting operations shall be coordinated with not more than forty-
eight hours elapsing between harvesting and placement,rolling and tamping, and
watering of sod
1.11 FIELD [SITE] CONDITIONS
A. Grading of site and installation of topsoil must be approved by City prior to application
of sod
PART2 - PRODUCTS
2.1 MATERIALS AND EQUIPMENT
A.Materials
1. Block Sod
a. Sod Varieties
1) Cynodon dactylon `TIF419' or Cynodon dactylon `TIFWAY'
2) OR an approved Zoysia grass
b. Sod must contain stolons,leaf blades,rhizomes and roots.
c. Sod shall be alive,healthy and free of insects, disease, stones,undesirable
foreign materials and weeds and grasses deleterious to its growth or which
might affect its subsistence or hardiness when transplanted.
d. Minimum sod thickness: 1"inch minimum.
e. Maximum grass height: 2 inches
f. Sod shall have been produced on growing beds of clay or clay loam topsoil.
CITY OF FORT WORTH
PARK&RECREATION RESTORATION
Temporary License Agreement—Linwood-Jesse D.Sandoval Park 12 of 20
July 2020
RESTORATION-SOD
Page 2of3
g. Sod must not be harvested or planted when its moisture condition is so
excessively wet or dry that its survival will be affected.
h. If sod is stacked,it shall be kept moist and shall be stacked roots to roots and
grass to grass.
i. Acceptable growing beds
1) Bermuda grasses and zoysia grasses: sand or sandy loam soils
j. Broken or torn sod or sod with uneven ends shall be rejected.
k. Temporary Erosion Control Seed
1) Consist of the sowing of cool season plant sod.
2. Topsoil: See Section 32 91 19.
3. Water: clean and free of industrial wastes or other substances harmful to the
germination of the seed or to the growth of the vegetation.
2.2 ACCESSORIES
a. Sod pins
1) Metal
2) Wood pegs.
PART 3 - EXECUTION
3.1 EXAMINATION
A.Sod shall be inspected by City upon delivery.
B.Contractor must coordinate inspection 72 hours prior to cutting of sod and delivery
3.3 PREPARATION
A.Surface Preparation: clear surface of all material including:
1. Scarify subgrade to a depth of 2-inches before depositing the required topsoil.For
simple row repair only scarify to 1-inch.
2. Stumps, stones, and other objects larger than one inch.
3. Roots, brush, wire, stakes, etc.
4. Any objects that may interfere with planting sod or maintenance.
B.Cleaning
1. Soil shall be further prepared by the removal of debris,building materials,rubbish,
weeds, and rock 1-inch and greater.
C.Fine Grading:
1. After tillage and clearing, all areas to be planted shall be leveled,fine graded, and a
weighted spike and harrow or float drag. The required shall be the elimination of
ruts, depressions,humps, and objectionable soil clods. This shall be the final soil
preparation step to be completed prior to inspection before planting.
2. Areas near trees: Do not till inside dripline of trees or over exposed roots
3.4 INSTALLATION
A. Block Sodding
1. General
a. Do not lay sod when ground is frozen.
b. Over-seeding with annual rye is acceptable from November 1 until February 1.
CITY OF FORT WORTH
PARK&RECREATION RESTORATION
Temporary License Agreement—Linwood-Jesse D.Sandoval Park 13 of 20
July 2020
RESTORATION-SOD
Page 3 of 3
B. Installation
1. Plant sod specified after the area has been inspected and accepted by City for
planting.
2. Till 2" of subgrade and place 3" of topsoil on areas to receive sod or as directed
by City.
3. Sod to be laid parallel to the contours in areas as specified. Sod to be laid
perpendicular to slopes greater than 3:1.
4. Use care to retain native soil on the roots of the sod during the process of
excavating,hauling and planting.
5. Keep sod material moist from the time it is dug until planted.
6. Fill in slumped areas due to watering to keep sod moist.
7. Place sod so that the entire area designated for sodding is covered with no gaps
or overlapping material.
S. Fill voids left in the solid sodding with additional sod and tamp.
9. Roll and tamp sod so that sod is in complete contact with topsoil at a uniform
slope. By pedestrian mechanical process(no motorized vehicles/equipment)
IO.Peg sod with wooden pegs(or wire staple)driven through the sod block to the
firm earth in areas that may slide due to the height or slope of the surface or
nature of the soil.
C. Watering and Finishing
1. Thoroughly water sod immediately after placed and tamped and rolled.
2. Generally, as recommended by the vendor. Water source shall be clean and free
of industrial waste or other substances harmful to the germination of the seed or
growth of the vegetation.
END OF SECTION
CITY OF FORT WORTH
PARK&RECREATION RESTORATION
Exhibit D
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. Automobile Liability:
(1) $1,000,000.00 Each accident on a combined single-limit basis
e. Worker's Compensation:
(1) As required by law
f. 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.
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
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this License, Company shall ensure that City is furnished with certificates of insurance signed by the
respective companies as proof that the types and amounts of insurance coverage required herein have been
obtained. In addition, Company shall, on demand, provide the City with evidence that it has maintained
such coverage in full force and effect.
1.05 Deductibles. Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed$25,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage,
or aggregate is otherwise approved by the City.
1.06 No Limitation of Liabilitv. The insurance requirements set forth in this section and any recovery
by the City of any sum by reason of any insurance policy required under this License shall in no way be
construed or affected to limit or in any way affect Company's liability to the City or other persons as
provided by this Agreement or law.
1.07 Umbrella or Excess 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 Subro ag 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 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.
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Exhibit E
Tree Protection
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Temporary License Agreement—Linwood-Jesse D.Sandoval Park 17 of 20
July 2020
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Temporary License Agreement—Linwood-Jesse D.Sandoval Park 18 of 20
July 2020
Exhibit F
Tree Protection
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
I.I. Company will check trees in the Licensed Premises before contract work begins, any
damage will be noted and reported to the Director or his designee.
1.2. The Director, or his designee, may conduct random checks of the trees during the License
Period.
1.3. A check of all trees may be made at the end of the License Period. The City Forester,
Director or his designee, and Company will attend the inspection.
1.4. Damages shall be documented by memo to the City Forester with copy to contract file and
the Company.
1.5. Company may have the option of replacement or payment for severely damaged trees at a
location to be designated by the Parks and Recreation Department. Replacement shall be
made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2"
in caliper for trees damaged or removed less than 30"diameter at breast height (DBH) and
2"per inch on trees 30"DBH or greater. Company shall be responsible for any planting,
watering, mulching and maintenance of replacement trees for a period of not less than 2
years. Company shall compensate the City at a rate of$200 per caliper inch for any tree
that does not survive the 2 year establishment period.
1.6. Slight Damage shall be defined as damage,in the opinion of the City Forester that may heal.
Examples include, but are not limited to, scaring of the trunk into the cambial layer %2"to
2" in width but less than 1/3 trunk circumference or breaking of limbs less than 2" in
diameter or limbs less than 1/3 trunk caliper, whichever is less. Slight damage shall also
include removal or lying down of protective tree fencing prior to the end of construction,
storing equipment or supplies within the critical root zone (CRZ), or disposing of paint or
concrete within the CRZ but not closer to the trunk than 50% radius of the CRZ. Slight
damage to trees shall be assessed at a rate of$100.00 for each instance. For each day that
tree fencing is not properly placed, equipment or supplies are stored within CRZ, or fill is
stored within the CRZ, shall be considered one instance.
1.7. Moderate damage shall be defined as damage, in the opinion of the City Forester, that
contributes to the poor health and reduced longevity of the tree, and examples include, but
Temporary License Agreement—Linwood-Jesse D.Sandoval Park 19 of 20
July 2020
are not limited to, scaring of the trunk into the cambial layer greater than 2" but less than
1/3 of the trunk circumference or breaking of limbs more than 2" in diameter but less than
1/3 trunk caliper. Moderate damage shall also include compaction of soil,grading or filling
in 20%of the CRZ on one of four sides but outside the 50%radius of the CRZ,or disposing
of paint or concrete within 50% radius of the CRZ. Moderate damages shall be calculated
at a rate of%2 the assessed value of the tree per each instance of damage.
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.
Temporary License Agreement—Linwood-Jesse D.Sandoval Park 20 of 20
July 2020