HomeMy WebLinkAboutContract 60367CSC No. 60367
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 Lockwood,
Andrews & Newnam, Inc., a Texas Corporation, acting by and through its duly authorized
representative ("Company") as the Prime Consultant with subconsultants under Company's
responsibility.
WHEREAS, the City owns public land designated and used as Cobb Park located at
1600 — 3000 Cobb Drive, Fort Worth, Texas 76105 (the "Park");
WHEREAS, as steward of public land, the City has the responsibility to preserve and
protect City Parkland;
WHEREAS, City of Fort Worth Water Department (Water Department) has implemented
design of the Sycamore Creek Sanitary Sewer Relief Interceptor, Phase IV A (City Project
Number: 103288) that runs parallel to Cobb Park Drive just south of Highway 287 to Glen Garden
Drive;
WHEREAS, the Company desires to access the Park for the purpose of the project; and
WHEREAS, the City agrees to grant the Company and subconsultants temporary access
to the Park in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the covenants and agreement contained herein,
City and Company agree as follows:
1. Subconsultants. Lockwood, Andrews & Newnam, Inc., has hired four (4) subconsultants to
conduct specific tasks or services in their area of expertise for the project:
a. ACI Consulting — (1001 Mopac Circle, Fort Worth, Texas 76107)
Task: Perform excavations to locate potential cultural sites
b. Alliance Geotechnical Group, Inc. - (3228 Halifax Street, Dallas, Texas 75247)
Task: Perform soil test boring
c. Gorrondona & Associates, Inc. - (2800 N. E. Loop 820, Suite 660, Fort Worth,
Texas 76137)
Task: Perform alignment, easement and property line staking
d. Rios Group — (7400 Sand Street, Fort Worth, Texas 75118)
Task: Subsurface utility engineering
2. License Granted. City hereby grants to Company a non-exclusive license to access and use
portions of the Park as set forth in more detail in Exhibit A, which is attached hereto and
incorporated herein for reference, and in Section 5 below ("Licensed Premises").
OFFICIAL RECORD
Temporary License Agreement: Lockwood, Andrews & Newnam, Inc., — Cobb Park CITY SECRETARY 1 of 13
October 2023 FT. WORTH, TX
License Fee. Prior to the start of the License Period (as defined below), Company shall pay
TEN Dollars and No Cents ($10.00) ("License Fee"), payable to the "City of Fort Worth" for
the rights and privileges granted herein. The License Fee shall be due and payable, without
demand or offset, in legal tender of the United States at the Park & Recreation Department
("Department"), Attn: Lori Gordon, 4200 South Freeway, Suite 2200, Fort Worth, Texas
76115.
4. Term. The Effective Date of this Agreement shall be the date signed by the Assistant City
Manager and for a term of one hundred twenty (120) calendar days (the "License Period"),
with an option to renew the License Period once for an additional one hundred twenty (120)
calendar days, not to exceed two hundred forty (240) calendar days.
5. Use of the Licensed Premises.
a. Company may use the Licensed Premises for the purpose of performing tasks identified
in Section 1 above ("Subconsultants") and for reasonable ingress and egress associated
with such tasks. The Licensed Premises shall be used for no other purposes.
b. The Company shall use its best efforts to locate all utilities (including, but not limited to,
electric lines, water lines, sewer lines, storm drains and lines, and gas lines) before
excavation of an area.
c. 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 penalties or fines may occur.
6. 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.
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 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 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 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.
Liabilitv. 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.
Temporary License Agreement: Lockwood, Andrews & Newnam, Inc., — Cobb Park 2 of 13
October 2023
9. Restoration of the Park. Company agrees that the Company shall repair and restore: (1) the
Licensed Premises; and (2) any City property that the Company damages, to the same
condition or better condition than the Licensed Premises or City property was in immediately
prior to the execution of this Agreement as determined by the Director of the Department or
that person's designee ("Director"). 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.
10.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.
11.Insurance. Company shall carry insurance as set out in Exhibit B, which is attached hereto
and incorporated herein for all purpose.
12. Limitation on Use. There shall be no vehicles or motorized equipment on unimproved
surfaces within the Licensed Premises. All vehicles and motorized equipment shall remain
on park roads and parking lots within the Licensed Premises. 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. Cars and light duty trucks shall not be considered to
be heavy equipment. Company agrees that it shall not cut, clear or remove any vegetation
as a part of its efforts to conduct work (See Exhibit C and D on tree protection and damages).
Company shall obtain a permit from the City Forester for pruning or removal of any trees or
vegetation prior to conducting work on City property.
13.Comi3liance 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: Lockwood, Andrews & Newnam, Inc., — Cobb Park 3 of 13
October 2023
14. 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 & Recreation Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
200 Texas Street
Fort Worth, Texas 76102
To Company:
Lockwood, Andrews & Newnam, Inc.
Attn: Justin Reeves, PE
Vice President
1300 Summit Avenue, Suite 300
Fort Worth, Texas 76102
15. Public Safetv. Company shall be solely responsible for initiating, maintaining, and supervising
all safety precautions and programs in connection with Company's use of the Park.
16. Hazardous Materials. Under no circumstances will 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.
17. 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.
Temporary License Agreement: Lockwood, Andrews & Newnam, Inc., — Cobb Park 4 of 13
October 2023
18. 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.
19. Bindinq 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.
20. 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.
21. No Waiver of Immunitv. Nothing herein shall be deemed to limit or waive the sovereign or
governmental immunity of City or Company.
22. 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: Lockwood, Andrews & Newnam, Inc., — Cobb Park 5 of 13
October 2023
By executing this Agreement, Company agrees to and accepts the terms, conditions and
provision contained herein.
CITY OF FORT WORTH: LOCKWOOD, ANDREWS & NEWNAM, INC.:
�vBy:-Q�- By : Jus n c keev'es (Oct 20, 2023 10:12 CDT)
Jesica McEachern Justin Reeves, PE
Assistant City Manager Vice President
Date: OCt 26, 2023 Date: OCt 20, 2023
REVIEWED BY
By:z�
Richard Zavala, Director
Park & Recreation Department
By:7111�--
Joel McElhany
Assistant Director
Park & Recreation Department
APPROVED AS TO FORM
AND LEGALITY:
By:
Taylor Paris
Assistant City Attorney
ATTESTED BY: p4�FQRr°Ilaa Contract Compliance Manager:
By signing I acknowledge that I am the
OVo °=a
'°Qaa`�Xpstigd person responsible for the monitoring and
nnna na4
By: administration of this contract, including
Jannette Goodall ensuring all performance and reporting
City Secretary requirements.
David B. Tod,-cgv
By: David B. Jodray (Oct 20, 202310:4 CDT)
David B. Jodray
Park Planner
OFFICIAL RECORD
Contract Authorization: CITY SECRETARY
No M&C Required FT. WORTH, TX
Temporary License Agreement: Lockwood, Andrews & Newnam, Inc., - Cobb Park 6 of 13
October 2023
Exhibit A
Licensed Premises — Cobb Park
Temporary License Agreement: Lockwood, Andrews & Newnam, Inc., — Cobb Park 7 of 13
October 2023
Exhibit B
Insurance
1.01 Dutv 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 Twes and Amounts of Coverage Required
a. Professional Liabilitv:
(1) $5,000,000.00 per occurrence, $10,000,000.00 annual aggregate.
b. Property Damage Liabilitv:
(1) As required by law
C. Umbrella Policv
(1) As required by law
d. Environmental Impairment Liabilitv (EIL) and Pollution Liabilitv
(1) As required by law
e. Automobile Liabilitv:
(1) As required by law
Worker's Compensation and Emplover's Liabilitv:
(1) $1,000,000.00 per occurrence, $1,000,000.00 aggregate
1.03 Revisions to Required Coverage. At the reasonable recommendation of the City's Risk
Manager, the City may at any time revise insurance coverage requirements and limits required
by this License. Company agrees that within ten (10) days of receipt of written notice from the
City, all such revisions requested by the City will be implemented. The policy or policies of
insurance shall be endorsed to provide that no material changes in coverage, including, but not
limited to, cancellation, termination, non -renewal, or amendment, shall be made without thirty (30)
days' prior written notice to the City.
1.04 Underwriters and Certificates. The insurers for all policies must be licensed and approved
to do business in the State of Texas. Except for workers' compensation, all insurers must have
a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably
equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, prior written approval of the City's Risk Management Division is required.
Within ten (10) business days following execution of this License, Company shall ensure that City
Temporary License Agreement: Lockwood, Andrews & Newnam, Inc., — Cobb Park 8 of 13
October 2023
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 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.
END OF SECTION
Temporary License Agreement: Lockwood, Andrews & Newnam, Inc., — Cobb Park 9 of 13
October 2023
0CD
o =1
Car
D-0
m
o�
N
W n
(D
0
W
CD
D
m
m
3
m
0
0
0
0
0_
D
0
o_
Cn
po
z
m
m
0
0
0
6
v
0
0
w
1�r
cf } PARKS AND COMMUNITY
, ��� SERVICES DEPT.
6x6 Timber Matting 4
S" Matting of Mulch i
N.T.S. Tree protection fencing shall be orange
mesh or chain link and installed at the
edge of travel way
SCALE: N.T.S.
TREE ROOT PROTECTION DETAIL
FILE NO. 000
o--1
0
63
0--a
N �
O <
N r
W n
(D
7
N
(D
D
m
m
3
m
r
0
0
0
0
0_
m
m
90
z
CD
0
0
0-
6
T
v
I
-6x -6Timber
h hO 8 indirs od'
muleh
aWm
n
Trench is located at
die edge of drip Hue.
......................................
r-�.
0A
-Chain link fins it
,...' ., trunk of the truc
vri th Z'xt' stu&s as approvcd
k- idle City Foreseer
r PAM" AND COMmUmirr TREE PROTECTION TRENCH DETAILSCALE
PILEN: 1`a T. &
�.�� SERVICES DUT. PILE we
1
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.
:NXIafMdjIoleo we) aIfflurEx" 31111111711*1
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 Director's designee, may conduct random checks of the trees during the License
Period.
1.3. A check of all trees may be made at the end of the License Period. The City Forester, Director or
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 layer11/2" to 2" in width
but less than 1/3 trunk circumference or breaking of limbs less than 2" in diameter or limbs less than
1/3 trunk caliper, whichever is less. Slight damage shall also include removal or lying down of
protective tree fencing prior to the end of construction, storing equipment or supplies within the
critical root zone (CRZ), or disposing of paint or concrete within the CRZ but not closer to the trunk
than 50% radius of the CRZ. Slight damage to trees shall be assessed at a rate of $100.00 for each
instance. For each day that tree fencing is not properly placed, equipment or supplies are stored
within CRZ, or fill is stored within the CRZ, shall be considered one instance.
1.7. Moderate damage shall be defined as damage, in the opinion of the City Forester, that contributes to
the poor health and reduced longevity of the tree, and examples include, but are not limited to, scaring
of the trunk into the cambial layer greater than 2" but less than 1/3 of the trunk circumference or
breaking of limbs more than 2" in diameter but less than 1/3 trunk caliper. Moderate damage shall
also include compaction of soil, grading or filling in 20% of the CRZ on one of four sides but outside
the 50% radius of the CRZ, or disposing of paint or concrete within 50% radius of the CRZ.
Moderate damages shall be calculated at a rate of the assessed value of the tree per each instance
of damage.
Temporary License Agreement: Lockwood, Andrews & Newnam, Inc., — Cobb Park 12 of 13
October 2023
1.8. Severe damage or removal of trees is subject to a penalty of $200 per diameter inch of trees removed
or damaged for trees less than 30" DBH and $400 per diameter inch of trees 30" DBH or greater.
Severe damage or removal shall include, but is not limited to, scaring of the trunk to the cambial
layer greater than 1/3 the trunk circumference, uprooting or causing a tree to lean, or damage to a
scaffolding branch or branch greater than 1/3 of trunk caliper. Severe damage shall also include
compaction of soil, grading or filling more than 20% of the CRZ, or within 50% radius of the CRZ
or on more than one of 4 sides. Cutting 1/3 of the buttress roots within 3 times the distance of the
DBH of the trunk, or cutting 4 roots 4" or greater in diameter within 4' of the trunk shall also be
considered severe damage.
1.9. Branches shall be measured at the point of attachment or at the lateral to which the branch would be
pruned back to according to ANSI standards. Trees caliper shall be measured according to accepted
industry standards. Trees greater than 6" in caliper shall be measured using DBH. Trees that must
be removed due to damage caused by Company shall be removed by the 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.
END OF SECTION
Signature: �0. 111`
Email: joel.mcelhany@fortworthtexas.gov
Temporary License Agreement: Lockwood, Andrews & Newnam, Inc., — Cobb Park 13 of 13
October 2023