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HomeMy WebLinkAboutContract 54846 CSC No. 54846 ABOVE-GROUND TEMPORARY WATER LINE AGREEMENT This Above-Ground Temporary Water Line Agreement ("Agreement") is entered into by and between the City of Fort Worth,a home-rule municipal corporation of the State of Texas("City"),and Sage Natural Resources,LLC, an Oklahoma corporation("Company"). WHEREAS, the City owns a certain piece of property known as Eugene McCray Park at Lake Arlington,located at 3449 Quail Road, Fort Worth, Texas 76119 ("Park"); WHEREAS, the Company desires to gain access over and through the Park to install a 12-inch, above-ground, flexible pipe to pump water from Lake Arlington to off-site project sites on a nearby property; 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 the Company a non-exclusive use of a portion of the Park to install a 12-inch,above-ground, flexible pipe to pump water from Lake Arlington to a nearby property. The specific location of the Park to be used is set forth and depicted in more detail in Exhibit A("Premises"),which is attached hereto and incorporated herein for all purposes. 2. Term. The term of this Agreement is for One Hundred Twenty (120) consecutive days ("Term"), commencing upon execution of this Agreement by City ("Commencement Date") and expiring at 11:59 P.M. on the 120th day following the Commencement Date 3. License Fee. On or before the Commencement Date, Company must pay the City Four Thousand Dollars and Zero Cents ($4,000.00) as consideration for the use of the Park per the terms of this Agreement. 4. 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. 5. Acceptance of Premises. a. Company takes all portions of the Premises and all appurtenances in "'AS IS" condition without any express or implied warranty on the part of the City. b. Company accepts the Premises in its present condition, finds it 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 Premises or their suitability for the purposes intended. C. Company accepts the Premises subject to any and all previously recorded easements that may have been granted on,along,over,under,or across said property,and rel OFFICIAL RECORD Temporary License Agreement—Eugene McCray Park at Lake Arlington CITY SECRETARY FT.WORTH,TX 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. d. Company's taking possession of the Premises is conclusive evidence that: (a)the 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 Premises and all the appurtenances thereto. 6. Use not Exclusive. a. This Agreement and all rights granted to Company herein are strictly non-exclusive. b. The City reserves the right to enter into and grant other and future licenses, leases, and other authorizations for use of the 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 Premises as provided herein. C. This Agreement does not establish any priority for the use of the Premises by Company or by any present or future licensees or other permit holders. d. In the event of any dispute as to the priority of use of the Premises,the first priority will 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. 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 Premises and the Park. Furthermore, City will not be liable to Company for any damage or theft of Company's equipment, facilities, or other contents. S. Public Safety. a. Company will be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with Company's use of the Premises and the Park. b. Company mustinstall and maintain construction orange mesh fencing around the entire border of the Premisesas approved by the City's Director of the Park and Recreation Department or that person's designee ("Director") to ensure that unauthorized personnel cannot enter the Premises. Following installation of the fencing and controlled-access entrance, Company will contact the Director to inspect for proper installation. The controlled-access entry fencing will be kept secure when not in use. At no time will any fenced area be left open unless staffed by security personnel. Temporary License Agreement—Eugene McCray Park at Lake Arlington 2 of 19 C. In addition, Company will provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of traffic control devices will be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. Company will utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Company will also take all necessary precautions and provide all necessary protection to prevent damage, injury, or loss to (a) all persons accessing portions of the Premises on which any construction is being performed by or on behalf of the Company; (b) all work performed on or from the 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 Premises; and (c) other property on or adjacent to the Premises. d. The Company will not washout equipment or concrete. A violation of this provision will allow the City to immediately terminate the Agreement with no recourse by Company. 9. Restoration of the Park. a. Company will repair and restore: (1)the Premises;and(2)any City property that Company damages, to a similar or better condition than the 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 set forth in Exhibit S,which is attached hereto and incorporated herein for all purposes. b. If Company fails to complete all repairs and restoration to the 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. 10. Minimizing Impact to Vegetation. a. Company will not cut or remove any trees on the Premises unless otherwise specifically permitted by the City. To minimize damage during construction, Company must 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 D, which is attached hereto and incorporated herein for all purposes. Company will 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 will have at least two (2)business days following the Temporary License Agreement—Eugene McCray Park at Lake Arlington 3 of 19 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 must ensure that tree protection fencing remains in place throughout the Term. If any tree within the Park is damaged in connection with Company's operations,Company agrees to undertake remediation efforts, including paying of remediation costs, in accordance with Exhibit E, which is attached hereto and incorporated herein for all purposes. Any fencing must remain in place until such time as the Premises are restored pursuant to the terms of this Agreement. 11. Minimizing Impact to Utilities. a. Prior to conducting any work on the Premise, Company will 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 Premises, which best efforts will 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 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 will contact the Director to arrange for inspection and approval by appropriate City personnel. 12. Protection of the Environment. a. Company hereby represents and warrants that it will not knowingly, nor permit any third party to, use, handle, or store any Hazardous Materials on, under, over, or about Park or the Premises in violation of any applicable laws. b. Company will not handle or store any Hazardous Materials on the 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 Term. C. Company will not introduce,use,generate, store,accept, or dispose of on,under,or about, transport across, or permit to exist on the Premises or the Park any "treatment, storage or disposal facility" or "underground storage tank," as those terms are defined under Temporary License Agreement—Eugene McCray Park at Lake Arlington 4 of 19 applicable environmental laws. For purposes of this Permit, "Hazardous Materials" will 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 Premises will be posted on site and a list will be given to City. d. Company must take commercially reasonable steps to avoid creating or aggravating any condition at the Park or the Premises that could present a threat to human health or to the environment. 13. 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 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. 14. Limitation on Use. There will be no equipment on the Premises within seventy-two (72)hours of a rain event. The Company must obtain the written approval of the Director prior to using any heavy equipment on the Premises. 15. Compliance with Laws. Company will, 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 will 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. 16. Insurance. Company must carry insurance as set out in Exhibit C, which is attached hereto and incorporated herein for all purposes. 17. Prohibition Against Liens.Company will 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 Premises or the Park. Any such Temporary License Agreement—Eugene McCray Park at Lake Arlington 5 of 19 act,contract,or lien attempted to be created will be void. Should any purported lien on the Premises be created or filed, the Company will, at its sole expense, liquidate and discharge same within ten (10)business days after notice from the City to do so. 18. Notice. All notices required or permitted under this Agreement will 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 Sage Natural Resources, LLC Director Attn: Gavin McQueen, Park and Recreation Department President and COO City of Fort Worth 6100 Yale Avenue Suite 900 4200 South Freeway, Suite 2200 Tulsa, Oklahoma 74136 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 19. 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. 20. Independent Contractor. It is expressly understood and agreed that Company will operate as Temporary License Agreement—Eugene McCray Park at Lake Arlington 6 of 19 independent entity in each and every respect hereunder and not as an agent, representative, or employee of the City. Company will 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 will 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 will not apply as between the City and Company,its officers,agents,servants,employees, contractors, subcontractors, licenses, and invitees. Nothing contained in this Permit will be construed as the creation of a partnership or joint enterprise between the City and Company. 21. Choice of Law;Venue. This Agreement will 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 will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas -Fort Worth Division. 22. Binding Effect. The terms and provisions of this Agreement will inure to the benefit of and be binding upon City and Company and their respective successors and assigns and will be covenants running with the land. 23. 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. 24. No Waiver of Immunity. Nothing herein will be deemed to limit or waive the sovereign or governmental immunity of City or Company. 25. 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. 26. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature"means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. Temporary License Agreement—Eugene McCray Park at Lake Arlington 7 of 19 By executing this Agreement, Company agrees to and accepts the terms, conditions and provision contained herein. CITY OF FORT WORTH: SAGE NATURAL RESOURCES, LLC: c By;Valerie Washin 13,2020 07:44 T By: Gavin D.McQueen(Nov 9,2020 17:03 MT7 Valerie Washington Gavin McQueen Assistant City Manager President and COO Date: NOV 13, 2020 Date: NOV 9, 2020 RECOMMENDED BY: Richard Za✓glg Richard Zavala(Nov 12,2020 20:25 CST) Richard Zavala Parks &Recreation Director APPROVED AS TO FORM AND LEGALITY: Tyler F. Wallach Senior Assistant City Attorney M&C: 20-0834 Date: November 10, 2020 gag40p�Il� 'cpo�F 0000. d ATTESTED BY: pgj►. °,1 o oo r ono osd O� o a*� City Secretary aaQa�nExASd�p� 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. 7111.9 L By: Christina Moon(Nov 11,2020 09:06 CST) Name: Christina Moon Title: Park Planner OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Temporary License Agreement—Eugene McCray Park at Lake Arlington 8 of 19 1 ' eCra Park; _ Dowdell Road � 1 Limits of licensed premises 1 tL -0 � l40000 � r , r �►� Lake Arlington ,� a - vh Water crossover `f -=Dm��rJ�i.�F';I-�...__ ..-.+rev�'�"'�•� _ - V% \ .-�, ,„.- Faoger 'Pd�ater ErosSo 2r i f D Water Pump Flagger waterpomp c aggervi,� Goog e Earth N Ternporary License Agreement—Eugene McCray Park at Lake Arlington 10 of 19 Exhibit B 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 PART 2- PRODUCTS 2.1 MATERIALS AND EQUIPMENT A.Materials 1. Block Sod a. Sod Varieties 1) Cynodon dactylon `TIF419'or Cynodon dacrylon `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. Temporary License Agreement—Eugene McCray Park at Lake Arlington 11 of 19 RESTORATION-SOD Page 2 of 3 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. Temporary License Agreement—Eugene McCray Park at Lake Arlington 12 of 19 RESTORATION-SOD Page of 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. G. 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. 8. Fill voids left in the solid sodding with additional sod and tamp. 4. Roll and tamp sod so that sod is in complete contact with topsoil at a uniform slope. By pedestrian mechanical process(no motorized vehicles 1 equipment) 10.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 Temporary License Agreement—Eugene McCray Park at Lake Arlington 13 of 19 Exhibit C Insurance 1.01 Duty to Acquire and Maintain. Company will 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 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 will be endorsed to provide that no material changes in coverage, including,but not limited to, cancellation, termination,non-renewal, or amendment, will 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 Temporary License Agreement—Eugene McCray Park at Lake Arlington 14 of 19 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 will 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 will, 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 will 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 will 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 will follow form of the primary coverage. 1.08 Additional Insured. The City,its officers,employees and volunteers will be named as an Additional Insured on the Automobile and Commercial General Liability policies. 1.09 Waiver of Subro ag tion. The insurance will include a waiver of rights of recovery(subrogation)in favor of the City of Fort Worth. 1.10 Copies of Policies and Endorsements. City will 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 will submit to the City a certificate of insurance evidencing all required insurance coverage and any applicable endorsements. Temporary License Agreement—Eugene McCray Park at Lake Arlington 15 of 19 Exhibit D Tree Protection n v N n 0-4 r� n � y � f � z � � a c� a ¢ � y � Qa n � � 'OF� v 0 0 Temporary License Agreement—Eugene McCray Park at Lake Arlington 16 of 19 r-. 9 2Q � � nIL 4x Q 70 f � z v - r .. v � in Temporary License Agreement—Eugene McCray Park at Lake Arlington 17 of 19 Exhibit E Tree Protection DAMAGE TO CITY TREES NO PRUNING OF ANY CITY TREE WILL 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 will be considered a breach of contract and COMPANY will 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 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 Term. 1.3. A check of all trees may be made at the end of the Term. The City Forester,Director or his designee, and Company will attend the inspection. 1.4. Damages will 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 will 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 will be responsible for any planting, watering, mulching and maintenance of replacement trees for a period of not less than 2 years. Company will 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 will 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 t/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 will 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 will 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,will be considered one instance. 1.7. Moderate damage will 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 Temporary License Agreement—Eugene McCray Park at Lake Arlington 18 of 19 1/3 trunk caliper. Moderate damage will 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 will be calculated at a rate of 1/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 will 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 will 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 will also be considered severe damage. 1.9. Branches will 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 will be measured according to accepted industry standards. Trees greater than 6"in caliper will be measured using DBH. Trees that must be removed due to damage caused by Company will be removed by the Parks and Recreation Department's Forestry Section Tree Removal Contractor at Company's expense. 1.10 All damages will be paid to the City Tree Fund. Failure to replace or pay for damaged trees will result in a breach of contract and Company will be automatically assessed damages. Damages as described herein will 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—Eugene McCray Park at Lake Arlington 19 of 19 11/16/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTII REFERENCE**M&C 20- LOG 80TEMPORARY WATER LINE IN DATE: 11/10/2020 NO.: 0834 NAME: EUGENE MCCRAY PARK AT LAKE ARLINGTON CODE: L TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (CD 5)Authorize Execution of an Above-Ground Temporary Water Line Agreement with Sage Natural Resources, LLC, for One Twelve-Inch Pipe Across Eugene McCray Park at Lake Arlington for a Period of Four Months RECOMMENDATION: It is recommended that the City Council authorize execution of an above-ground Temporary Water Line Agreement with Sage Natural Resources, LLC, in the amount of$4,000.00 to be paid by Sage Natural Resources, LLC, for one twelve-inch pipe across Eugene McCray Park at Lake Arlington for a period of four months. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the granting of a Temporary Water Line Agreement at Eugene McCray Park at Lake Arlington (Project). The City has been approached by representatives of Sage Natural Resources, LLC, (Sage) requesting to place an above-ground temporary water line across a portion of city-owned property known as Eugene McCray Park at Lake Arlington to serve eight new gas wells. The temporary water line will be located on the west end of the property. The proposed alignment will allow for a total of 210 linear feet of twelve-inch diameter flexible pipe within a fifteen-foot wide strip of land across the property (0.072 acres more or less)for a term of four months. Sage has agreed to pay the City$1,000.00 per month for the use of the property for a term of four months at a total cost of$4,000.00. Funds collected will be used to improve the park or park system per the Financial Management Policy Statements (FMPS). Sage will be responsible for repairing and restoring any damage to the strip of land or surrounding the property resulting from the installation and removal of the waterline. The Project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and execution of the agreement, funds will be deposited into the PARD Gas Lease Capital Project Fund. The Planning and Development Department (and Financial Management Services) is responsible for the collection and deposit of funds due to the City. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program I Activity I Budge 7Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Valerie Washington (6192) Originating Department Head: apps.cfwnet.org/council_packet/mc_review.asp?I D=28403&councildate=11/10/2020 1/2 11/16/2020 M&C Review Richard Zavala (5704) Additional Information Contact: Richard Zavala (5704) ATTACHMENTS Exhibit A Location of Pipe from Lake to Well.pdf Exhibit B The Licensed Premises.pdf apps.cfwnet.org/council_packet/mc_review.asp?I D=28403&councildate=11/10/2020 2/2 Exhibit Location of Pipe from Lake to Well 1� '• edale South • • Water Line,Cross!igs,Flaggers Water cruszover Water Line Water Pump Fiagger p) 1J �' vFla99e Water crossover � `f . Fagge�QWatereros of r / D Water Pump „4 S11 � _c§ laggerv�r Goog e Earth N I 1 i C Eugene hA�Cra Park• t' ° , r Dowdell Road . . Limits of licensed premises o4l 1 � lr l � jj 1 � �►�� Lake Arlington