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HomeMy WebLinkAboutContract 50623 567 89r®j CITY SECRETARY CONTRACT NO. a-3 PQ��'L Q�J�PQy b LICENSE AGREEMENT FOR USE OF HARMON FIELD PARK �0 his License Agreement ("Agreement") is entered into by and between the City of Fort Worth, Z69 ,Texas,a home-rule municipal corporation of the State of Texas("City"),and Rugby Union Growth Begins With Youth, a Texas non-profit corporation, acting by and through its duly authorized representative ("Company"). WHEREAS, the City owns a certain piece of property known as Harmon Field Park, located at, 1501 Martin Luther King,Jr. Freeway,Fort Worth,Texas("Park"); WHEREAS, Company is a sister organization of the Fort Worth Rugby Association which has been a customer and user of Harmon Field Park since 1971; WHEREAS, Company desires to increase the awareness and growth of the sport of rugby in the City of Fort Worth; WHEREAS,Company desires to install a storage unit in the Park for the storage of game materials and supplies in exchange for monthly clean-up of all trash and debris in and around the fields in the Park; WHEREAS,the City has reviewed the Company's request and agrees to grant the Company use of the Park in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the covenants and agreement contained herein, City and Company agree as follows: 1. License Granted. City hereby grants to the Company a non-exclusive license to use a portion of Harmon Field Park as set forth in more detail in Exhibit A, which is attached hereto and incorporated herein by reference,and as agreed to by the parties in Section 4("Licensed Premises"). 2. Consideration. In consideration of the grant of the license, Company shall, no less than one time per month,remove all trash and debris located on and around the fields in the Park. 3. Term. The Agreement shall be effective upon execution by the City's Assistant City Manager and shall expire on December 31,2020("Term"). The Term may be renewed by mutual agreement of the City and Company for three(3)successive one-year terms("Renewal Term"). Company must advise City in writing of its intent to renew this Agreement at least 30 days prior to the termination date of the Primary Term,or each Renewal Term,as applicable. 4. Use of the Licensed Premises. Company may use the Licensed Premises for the purpose of installing and maintaining a storage unit at the location depicted in Exhibit A in accordance with the provisions and specifications contained in Exhibit B. The Licensed Premises shall be used for no other purposes. Company shall only use the access area shown in Exhibit A for the installation and removal of the concrete base and storage unit. License Agreement 1 of 26 5. Termination. The City may terminate this Agreement, without cause, upon five (5) days written notice to the Company or immediately upon a breach of this Agreement by the Company. 6. Use not Exclusive. This Agreement and all rights granted to Company herein are strictly non- exclusive. The City reserves the right to enter into and grant other and future licenses,leases,and other authorizations for use of the Park to other persons and entities as the City deems appropriate in accordance with applicable law; provided, however, that in granting subsequent authorization for use, the City will not allow a use that will unreasonably interfere with the Company's use of the Park as provided herein. This Agreement does not establish any priority for the use of the Park by Company or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Park, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders,as determined by the City in the exercise of its powers,including the police power and other powers reserved to and conferred on it by the State of Texas. 7. Liabili1y. Company covenants and agrees to release City, its officers, agents, representatives, servants,and employees,from and against any and all claims or suits for property damage,personal injury,or any other type of loss or adverse consequence related in any way to the existence of this Agreement or the use and occupancy of the Licensed Premises and the Park. Furthermore, City shall not be liable to Company for any damage or theft of Company's equipment,facilities,or other contents. 8. Restoration of the Park. Company agrees that Company will shall repair and restore: (1) the Licensed Premises; and(2) any City property Company damages; to the same condition or better condition than the Licensed Premises or property was in immediately prior to the execution of this Agreement as determined by the Director. All such restoration must be conducted in accordance with the standards in Exhibit D, which is incorporated herein by reference. If Company fails to complete all repairs and restoration to the Licensed Premises and any other City property prior to the expiration of the Term, City may, in its discretion,perform all such repairs and restoration on behalf of the Company. In this event,Company will reimburse the City for the costs of such repairs and restoration,and such reimbursement will be due immediately upon written request of the City. Company shall complete restoration of the Park within thirty(30) days of company installing the storage unit. In addition,Company shall completely remove the concrete base and storage unit and restore the Park prior to the termination of this Agreement. 9. INDEMNIFICATION. COMPANY AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY, AND ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES FROM AND AGAINST ANY AND ALL License Agreement 2 of 26 CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS, AND PERSONAL INJURY,INCLUDING,BUT NOT LIMITED TO,DEATH,THAT MAY RELATE TO,ARISE OUT OF OR BE OCCASIONED BY(i) COMPANY'S USE OF THE LICENSED PREMISES AND THE PARK,(ii) COMPANY'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, OR (iii) ANY ACT OR OMISSION OF COMPANY OR ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS, RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT, WHETHER OR NOT CAUSED, IN PART, BY THE NEGLIGENCE OF THE OFFICERS, AGENTS, REPRESENTATIVES,OR EMPLOYEES OF THE CITY. 10. Limitation on Use. There shall be no equipment on the Park within 72 hours of a rain event. The Company shall obtain the written approval of the Director,or his designee,of all heavy equipment that will be used in the Licensed Premises and Company shall not use any heavy equipment in the Licensed Premises that has not been approved by the Director or his designee. 11. Compliance with Laws. Company shall, at its own cost and expense, comply with all applicable laws,including,but not limited to,existing zoning ordinances,governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental entities for the correction,prevention and abatement of nuisances in or upon or connected with said premises because of Company's use thereof. 12. Insurance. Company shall carry insurance as set out in Exhibit C, which is attached hereto and incorporated herein for all purposes. 13. Notice. All notices required or permitted under this Agreement shall be conclusively determined to have been delivered when(i) hand-delivered to the other party, its agent, employee, servant, or representative, or (ii) received by the other party by reliable overnight courier or United States Mail,postage prepaid,return receipt requested,at the address stated below or to such other address as one party may from time to time notify the other in writing. To THE CITY: To COMPANY: Director Rugby Union Growth Begins With Park&Recreation Department Youth City of Fort Worth Attn:CLO 4200 South Freeway, Suite 2200 6661 W 0 PKu1 Y (p(Z Fort Worth,Texas 76115 f?uk"30, _-F�X 2509 3 License Agreement 3 of 26 With copies to: Department of Law City of Fort Worth Attn: City Attorney 200 Texas Street Fort Worth,Texas 76102 City Manager's Office City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 14. Public Safety. Company shall be solely responsible for initiating,maintaining,and supervising all safety precautions and programs in connection with the Company's use of the Park. 15. Hazardous Materials. Under no circumstances will the Company use or cause to be used on the Park any hazardous or toxic substances or materials,or intentionally or knowingly store or dispose of any such substances or materials on the Park. 16. Force Majeure. If either party is unable,either in whole or part,to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state;declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs,the City may, in its sole discretion,close or postpone the opening of its community centers, parks,or other City-owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. 17. Choice of Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. If any action,whether real or asserted,at law or in equity, arises on the basis of any provision of this Agreement,venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. License Agreement 4 of 26 18. Binding Effect. The terms and provisions of this Agreement shall inure to the benefit of and be binding upon City and Company and their respective successors and assigns and shall be covenants running with the land. 19. Entire Agreement. This Agreement contains all of the agreements between the parties respecting the subject matter hereof,and no prior representations or statements,verbal or written,have been made modifying,adding to,or changing the terms of this instrument. 20. No Waiver of Immunity. Nothing herein shall be deemed to limit or waive the sovereign or governmental immunity of City or Company. 21. Assignment. This Agreement, in whole or in part, is not assignable by either party, without the express written consent of the other party. Any attempt to assign this Agreement without the required consent is void and without force and effect. [SIGNATURE ON FOLLOWING PAGE] License Agreement 5 of 26 By executing this Agreement, Company agrees to and accepts the terms, conditions and provision contained herein. CITY OF FORT WORTH: RUGBY UNION GROWTH BEGINS WITH YOUTH By: / Gam-dam �� By:: T&wiaaAlattis- 't-e %(o 6v&tcl Name: Assistant City Manager Title: Date: 4�1/Z8 Date: 0 ' 1 t Recommended: {'or+ Mft PV019`f ASS066-+� ?.0' Box 7413 irk Worth r By: tA R chard Zavala Di ector,Park&Recreation Department APPROVED AS TO FORM& LEGALITY By: Richard A.McCracken Assistant City Attorney ATTEST: U' >\ ary ka3Tser l �c•. City Secretary •� 7EXp,5 [OFFICIAL RECORD Contract Authorization: CITY SECRETARY M&C: C-28512 12/12/17 Form 1295: 2017-2.78566 FT-WORTH,TX License Agreement 6 of 26 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 andleporting r irements. Lawrence Thomps Athletics Superinte t OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX License Agreement 7 of 26 Exhibit A Park Red depicts access area to storage unit site.Yellow depicts approved location of storage unit. Frmon Park-Rugby LiQend Wde a destrptwn la yar map. 'Ike.�}� 44 . •� k 1 f N '{ y +f. tigi cement 8 of 26 Exhibit B Use of Licensed Premises 1. Size of storage unit allowed: No larger than 8'x 20' 2. Storage unit to be composed of steel. 3. Size of concrete base,method and materials of base,method of attaching unit to base: Concrete base to be no less than 10' wide and 26' in length; 6"depth with#3 rebar @ 18" O.C.B.W(see attached specifications). 4. Storage unit to be bolted to concrete slab. 5. Company to locate all utilities before beginning work. 6. Company to coordinate with the Park& Recreation Department schedule for installation and to obtain written approval of the Park& Recreation Department prior to installation. 7. Installation to be completed within 60 days. 8. Park to be restored within 30 days after installation is complete. 9. Company to stay within access area in Exhibit A during installation or removal of base and unit. 10. Attach any design,construction documents showing unit and base. SCALE: NTS FILE NO. NOTE. CONTROL JOINTS SHALL BE SPACED AS FOLLOWS: e'WALK-6 O.C. %"X V DEEP CONTROL JOINT 8'WALK-8'O.C. 10'WALK=10'O.C. Y3 REBAR$18-O.C.B.W. n e. e. 1'MAX SAND USHION COMPACTED SUBGRADE COMPACT TO 95 STANDARD PROCTOR DENSITY AT.2% OPTIMIUM MOISTURE CONTENT AS PER ASTM D 698 FOR-- T Concrete Paving WI Control Joint License Agreement 9 of 26 Exhibit C Insurance 1.01 Duty to Acquire and Maintain. Company shall ensure that a policy or policies of insurance are procured and maintained at all times, in full force and effect,to provide coverage of the types and amounts specified herein, naming the City as an additional insured as set forth herein, and covering all public risks related to the use,occupancy,condition,maintenance,existence,or location of the Licensed Premises. The insurance required hereunder may be met by a combination of self-insurance and primary and excess policies. 1.02 Types and Amounts of Coverage Required a. Commercial General Liability: (1) $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for the following: (i)Premises Liability;(ii)independent contractors;(iii)products/completed operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse, and underground property damage b. Property Damage Liability: (1) $1,000,000.00 per occurrence C. Umbrella Policy (1) $5,000,000.00 d. Environmental Impairment Liability(EIL)and Pollution Liability (1) $2,000,000.00 per occurrence (2) $5,000,000.00 aggregate e. Automobile Liability: (1) $1,000,000.00 Each accident on a combined single-limit basis f. Worker's Compensation: (1) As required by law g. Employer's Liability: (1) $1,000,000.00 per accident 1.03 Revisions to Required Coverage. At the reasonable recommendation of the City's Risk Manager, the City may at any time revise insurance coverage requirements and limits required by this License. Company agrees that within ten (10) days of receipt of written notice from the City, all such revisions requested by the City will be implemented. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including,but not limited to,cancellation,termination,non-renewal, or amendment, shall be made without thirty(30)days'prior written notice to the City. License Agreement 10 of 26 1.04 Underwriters and Certificates. The insurers for all policies must be licensed and approved to do business in the State of Texas. Except for workers' compensation,all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,prior written approval of the City's Risk Management Division is required. Within ten(10)business days following execution of this License, Company shall ensure that City is furnished with certificates of insurance signed by the respective companies as proof that the types and amounts of insurance coverage required herein have been obtained. In addition, Company shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. 1.05 Deductibles. Deductible or self-insured retention limits on any line of coverage required herein shall not exceed$25,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. 1.06 No Limitation of Liability. The insurance requirements set forth in this section and any recovery by the City of any sum by reason of any insurance policy required under this License shall in no way be construed or affected to limit or in any way affect Company's liability to the City or other persons as provided by this Agreement or law. 1.07 Umbrella or Excess Liability. If insurance policies are not written for specified coverage limits,an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 1.08 Additional Insured. The City, its officers, employees and volunteers shall be named as an Additional Insured on the Automobile and Commercial General Liability policies. 1.09 Waiver of 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. License Agreement I 1 of 26 Exhibit D Park Restoration Standards SECTION 02300-EARTHWORK PART 1 -GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment, and services required to construct, shape, and finish earthwork to the required lines, grades, and cross sections as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 02200 - Site Preparation. B. Grading Plan: Refer to plan sheets. 1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis only. PART2 -PRODUCTS 2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation,unless separately designated, within the limits of the work. Unclassified excavation includes all material encountered regardless of its nature or the manner in which it is to be excavated. 2.02 UNCLASSIFIED FILL A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native materials removed in unclassified excavation, or similar imported materials, shall be used insofar as practicable as unclassified fill. Properly deposited, conditioned, and compacted fill is hereinafter referred to as "earth embankment." B. Rock: Minor quantities of rock not greater than four inches in greatest dimension are permissible in fill materials used to construct earth embankment. Minor quantities of rock of greater dimensions may be placed in the deeper fills in accordance with the State Department of Highways and Public Transportation requirements for construction of rock embankments, provided such placement of rock is not immediately adjacent to structures or piers. Also,rock may be placed in the portions of embankments outside the limits of the completed graded width where the size of the rock prohibits their incorporation in the normal embankment layers. License Agreement 12 of 26 2.03 TOPSOIL On-Site Topsoil: Topsoil shall consist of an average depth of six inches (6") of native surface soil left in place after the ground cover of herbaceous vegetation and other objectionable matter has been cleared by "blading," as specified in Section 02200, "Site Preparation." Topsoil may be greater or less,than the upper six inches (6") in depth. 2.04 IMPORTED FILL A. Imported fill materials shall be used for the construction of earth embankment in the event that(1)the volume of unclassified excavation is less than the volume of fill required for earth embankment and/or (2)the condition of materials removed in unclassified excavation makes them unsuitable for use in the construction of earth embankment. B. The Contractor shall haul and place imported fill obtained from off-site sources as necessary to construct the embankment and various other details of the construction plans. All costs related to such imported fill will be included in the contract price, and no additional or separate payment for imported fill will be due the Contractor. C. A sample of the proposed imported fill must be provided by the Contractor and be approved by the Owner. In general, imported material must be equal to or better than native material in quality and engineering characteristics. The Architect/ Engineer may also require the Contractor to provide a material analysis test of the proposed fill. 2.05 SELECT MATERIALS A. Select materials shall be imported from offsite sources, unless they are available from specifically designated areas on the site as marked on the plans. 2.06 UNSUITABLE MATERIALS A. Topsoil, select material, imported fill,or unclassified fill will be declared as "'unsuitable" by the Owner if, in his opinion, any of the following conditions or matter and particles are present to a degree that is judged detrimental to the proposed use of the material. 1. Moisture 2. Decayed or undecayed vegetation 3. Hardpan clay, heavy clay, or clay balls 4. Rubbish 5. Construction rubble 6. Sand or gravel 7. Rocks, cobbles, or boulders 8. Cementious matter 9. Foreign matter of any kind License Agreement 13 of 26 B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200. C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of high moisture content, the Architect/Engineer may grant the Contractor permission to process the material to reduce the moisture content to a usable optimum condition. PART 3 -EXECUTION 3.01 SITE PREPARATION: In general, "site preparation," as specified in Section 02200, shall be performed in advance of grading and earthwork operations and shall be completed over the entire area of earthwork operations. 3.02 TOPSOIL A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin. Likewise, topsoil will be replaced after excavation and embankment construction are complete. B. Removal: Topsoil shall be stripped to an average depth of six inches (6") from areas where excavation and embankment construction are planned. Topsoil may be obtained from greater depths if it is uncontaminated by the substratum and it is of good quality, in the opinion of the Architect/Engineer. C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by the Owner or Architect/Engineer. Stored topsoil shall be kept separate from other excavated materials and shall be protected from contamination by objectionable materials that would render it unsuitable. D. Timing: Topsoil will not be replaced(deposited)until construction activities are complete that would create undesirable conditions in the topsoil, such as overcompaction or contamination. Trenching for items such as electrical conduit and irrigation pressure lines must be complete before topsoil replacement may begin. E. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, processed, compacted, and graded to leave a finished layer of topsoil not less than five inches in depth. Unless otherwise indicated, topsoil will be replaced over all areas of earthwork(including slopes), except where pavement is planned. F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine grading will be accomplished with a weighted spike harrow,weighted drag, License Agreement 14 of 26 tractor box blade, light maintainer, or other acceptable machinery. All particles of the finish grade shall be reduced to less than one inch in diameter or they shall be removed. All rocks of one inch or greater shall also be removed. Grading operations and equipment will be such that topsoil does not become overcompacted. Bulldozer blades and front-end loader buckets are not acceptable devices for topsoil grading operations. Final grading within five feet of constructed or installed elements shall be hand raked. G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in plane, even in gradient(slope),uniform in surface texture, and of normal compaction. Areas of loose granular pockets or of overcompacted soils are not acceptable and will be reworked. Finished areas will promote surface drainage and will be ready for turfgrass planting. 3.03 UNCLASSIFIED EXCAVATION A. All excavated areas shall be maintained in a condition to assure proper drainage at all times, and ditches and sumps shall be constructed and maintained to avoid damage to the areas under construction. B. Surplus Material: 1. Surplus excavation is that quantity of material that may be left over after the grading plan is executed, and all earthwork operations, including excavation, embankment construction, topsoil replacement, and final grading, are completed. Any other surplus material shall be disposed of as "waste" as specified in Section 02200. All such cost for removal shall be considered as incorporated into Earthwork costs C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise indicated on the plans, excavation in solid rock shall extend six inches (6") below required subgrade elevation for the entire width of the area under construction and shall be backfilled with suitable materials as indicated on the plans. 3.04 EARTH EMBANKMENT A. Earth embankment is defined as embankment composed of suitable materials removed in unclassified excavation and/or imported fill. The construction of embankment includes preparing the area on which fill is to be placed and the depositing, conditioning, and compaction of fill material. B. General: Except as otherwise required by the plans, all embankment shall be constructed in layers approximately parallel to the finished grade of the graded area, and each layer shall be so constructed as to provide a uniform slope as shown on the grading plan. Embankments shall be constructed to correspond to the general shape of the typical sections shown on the plans, and each section of the embankment shall correspond to the detailed section or slopes established by License Agreement 15 of 26 the drawings. After completion of the graded area, embankment shall be continuously maintained to its finished section and grade until the project is accepted. C. Preparation: Prior to placing any embankment, all preparatory operations will have been completed on the excavation sources and areas over which the embankment is to be placed. The subgrade shall be proof rolled to detect soft spots, which if exist, should be reworked. Proof rolling shall be performed using a heavy pneumatic tired roller, loaded dump truck, or similar piece of equipment weighing approximately twenty five (25) tons except as otherwise specified for tree protection and areas inaccessible to vehicular compactors. Stump holes or other small excavations in the limits of the embankments shall be backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground, including plowed, loosened ground, or surfaces roughened by small washes or otherwise, shall be restored to approximately its original slope by blading or other methods, and, where indicated on the plans or required by the Owner, the ground surface, thus prepared, shall be compacted by sprinkling and rolling. D. Scarification: The surface of all areas and slopes over which fill is to be placed, other than rock, shall be scarified to a depth of approximately six (6") inches to provide a bond between the existing surface and the proposed embankment. Scarification shall be accomplished by plowing, discing, or other approved means. Prior to fill placement, the loosened material shall be adjusted to the proper moisture content and recompacted to the density specified herein for fill. E. Benching: Scarification is normally adequate for sloping surfaces. However, in certain cases where fill is to be placed against hillsides or existing embankment with slopes greater than 4:1, the Owner may direct the Contractor to key the fill material to the existing slopes by benching. A minimum of two feet (2') normal to the slope shall be removed and recompacted to insure that the new work is constructed on a firm foundation free of loose or disturbed material. F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread, not to exceed eight(8") inches in loose depth before conditioning and compaction. Unless otherwise permitted, each layer of fill material shall cover the length and width of the area to be filled and shall be conditioned and compacted before the next higher layer of fill is placed. Adequate drainage shall be maintained at all times. G. Watering: At the time of compaction,the moisture content of fill material shall be such that the specified compaction will be obtained, and the fill will be firm, hard, and unyielding. Fill material which contains excessive moisture shall not be compacted until it is dry enough to obtain the specified compaction. H. Compacting: Each layer of earth fill shall be compacted by approved tamping or sheepsfoot rollers,pneumatic tire rollers, or other mechanical means acceptable to License Agreement 16 of 26 the Owner. Hand-directed compaction equipment shall be used in areas inaccessible to vehicular compactors. L Grading: Embankments shall be constructed in proper sequence and at proper densities for their respective functions. All embankment serves in one capacity or another as subgrade (e.g., under topsoil,under concrete and asphalt pavement, under structures, etc.). Accordingly, the upper layer of embankment shall be graded to within plus or minus 0.10 foot of proper subgrade elevation prior to depositing topsoil, and prior to the construction of pavements, slabs, etc. 3.05 DENSITY CONTROL A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a minimum of ninety percent(90%) of Standard Density ASTM D698 with plus four percent(4%) or minus two percent (2%)percentage points of optimum moisture content. B. Earth Embankment Under Structures and Pavement: The top six (6") inches of natural earth comprising the subgrade for structural slabs or for areas of pavement shall be ninety five percent(95%) to ninety eight percent (98%) of Standard Density ASTM D698 with the moisture content at minus two percent(2%) to plus four percent (4%) of optimum moisture content. 3.06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all embankments that are to function as subgrade for structures, areas of pavement, or for select embankment. After completion of the embankment, the Contractor shall prevent excessive loss of moisture in the embankment by sprinkling as required. Loss of moisture in excess of two percent (2%)below optimum in the top twelve inches (12") of the fill will require that the top twelve inches (12") of the embankment be scarified, wetted, and recompacted prior to placement of the structure, select fill or pavement. If desired, the Contractor may place an asphalt membrane of emulsified or cutback asphalt over the completed embankment and thus eliminate the sprinkling requirement. 3.07 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or damage to the subgrade. If any of the subgrade is rutted, damaged or displaced it shall be restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02. License Agreement 17 of 26 SECTION 02930 -SEEDING PART 1 -GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. Standardized Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller B. Texas Highway Department: Standard Specifications for Construction, Item 164, "Seeding for Erosion Control" and Item 180, "Wildflower Seeding". 1.03 SUBMITTALS A. Seed 1. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed(PLS) b. Name and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one hundred(100) miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing,prior to planting. 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS License Agreement 18 of 26 A. Planting Season: The season varies according to species (see Part 2 - Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. B. Schedule After All Other Construction and planting is complete. C. Protect and Maintain Seeded Areas 1. From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The contractor who plants the seeds, whether the general contractor or a subcontractor, is responsible for daily supervision of his crew, and for the planting and maintaining of seedlings until acceptable, viable growth is achieved and the project accepted by the City. PART 2—PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed(PLS =purity x germination)per acre. Substitution of individual seed types due to lack of availability shall be made only by the City at the time of planting. The Contractor shall notify the City,prior to bidding, of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Any adjustment of area location by the City shall be considered incidental and shall not entitle the Contractor to additional compensation. Weed seed shall not exceed ten percent(10%) by weight of the total of pure live seed(PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean, dry and harvested within one year of planting. 1. Non-native grass seed shall consist of: If planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name Puri Germination 25 Bermuda(unhulled) Cynodon dactylon 85% 90% License Agreement 19 of 26 75 Bermuda(hulled) Cynodon dactylon 95% 90% Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium multiflorum 82% 80% 40 Bermuda(unhulled) Cynodon dactylon 84% 85% 2. Native grass seed - The seed shall be planted between February 1 and October 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 1.6 Green Sprangletop Leptochloa dubia 5.5 Sideoats Grama* Bouteloua curtipendula 3.7 Little Bluestein* Schizachyrium scoparium 17.0 Buffalograss Buchloe dactyloides 1.8 Indian Grass* Sorghastrum nutans 0.5 Sand Lovegrass* Eragrostis trichodes 6.0 Big Bluestein Andropogon gerardii 8.0 Eastern Grama Tripscacum dactyloides 1.2 Blue Grama Bouteloua gracilis 1.8 Switchgrass Panicum virgatum 10.0 Prairie Wildrye* Elymus canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three(3) feet of a walkway. 3. Wildflower seed-All wildflower seeds are to be hand broadcast, (see 3.02,A). The seed shall be planted between March 5 and May 31 or between September 1 and December 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 3.0 Bush Sunflower Sinsia calva 5.0 Butterfly Weed Asclepias tuberosa 2.0 Clasping Coneflower* Rudbeckia amplexicaulis 3.0 Golden- Wave Coreopsis basalis 13.4 Illinois Bundleflower Desmanthus illinoensis 13.6 Partridge Pea Cassia fasciculata 2.0 Prairie Verbena Verbena bipinnatifida 8.0 Texas Yellow Star Lindheimeri texana 8.0 Winecup Callirhoe involcrata 2.0 Black-eyed Susan Rudbeckia hirta 18.0 Cutleaf Daisy Engelmannia pinnatifida 2.0 Obedient Plant Physostegia intermedia 3.0 Pitcher Sage Salvia azurea 2.0 Plains Coreopsis Coreopsis tinctoria 8.0 Scarlet Sage Salvia coccinea License Agreement 20 of 26 *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 4. Temporary erosion control seed -When specified on the plans, temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in this section. B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper-by-products (waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten percent(10%)moisture, air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas - 100 pounds of Nitrogen per acre. C. Where applying fertilizer on established seeding areas - 150 pounds of Nitrogen per acre. D. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled paper mulch, (see 2.01, B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater, use the following soil retention blanket(Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1-800-777-SOIL. 2.02 MIXING Seed, mulch, fertilizer and water may be mixed provided that: 1. Mixture is uniformly suspended to form a homogenous slurry. 2. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty(30)minutes after placed in the equipment. License Agreement 21 of 26 PART 3—EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: 1. Stumps, stones, and other objects larger than one inch. 2. Roots,brush, wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling 1. In all compacted areas till one inch (1") deep. 2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half(1/2") inch inside "drip line" of trees. C. Water: Shall be furnished by the Contractor as an ancillary cost to the Contract by the Contractor by means of temporary metering/irrigation, water truck or by any other method necessary to achieve viable, acceptable stand of turf as noted in 3.04.B. of this specification. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch (1/2")per week should be applied until such time 100% full growth coverage is achieved and one mowing cycle is performed by the Contractor and accepted by the Owner. Watering: Soil should be watered to a minimum depth of four inches within forty eight(48) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. 3. Never cover seed with more soil than twice its diameter. 4. For wildflower plantings, scalp existing grasses to one (1") inch, remove grass clippings, so seed can make contact with the soil. B. Mechanically Seeding(Drilling): If mechanically seeding(drilling)the seed or seed mixture, the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All varieties of seed, as well as fertilizer, may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter inch to three eighth inch (1/4"- 3/8")utilizing a pasture or rangeland type drill. All drilling is to be on the contour. After planting, the area shall be rolled with a roller integral to the seed License Agreement 22 of 26 drill, or a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. 3.03 MULCHING A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces -minimum 1,500 lbs./acre. 2. Sandy soils, sloping surfaces -minimum 1,800 lbs./acre. 3. Clay soils, flat surfaces -minimum 2,500 lbs./acre. 4. Clay soils, sloping surfaces -minimum 3,000 lbs./acre. 5. "Flat" and"sloping" surfaces will be shown on the plans if not visually obvious. C. Apply within thirty(30) minutes after placement in equipment. Keep mulch moist, by daily water application, if necessary: 1. For approximately twenty-one(2 1)days, or 2. Until seeds have germinated and have rooted in soil, (see 3.04.B.2.) and project has been accepted by the City. 3.04 ESTABLISHMENT, MAINTENANCE AND ACCEPTANCE A. Includes initial seed and/or sod application and establishment,protection, replanting as necessary , maintaining grades and immediate repair of erosion damage until the project receives final acceptance. Refer to Part 2—2.01 —D. for watering requirements to be executed by the Contractor. B. Initial full coverage turf establishment shall be considered as 100% grow in to a height of three (3") inches with one mow cycle performed by the Contractor on all newly established areas prior to consideration of acceptance by the Owner. C. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A"stand" shall be defined as: a. Bermuda/Rye grasses: See 3.04 B b. Native grass and wildflowers: eighty percent(80%) coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION License Agreement 23 of 26 SECTION 02930-TURF SODDING PART 1-GENERAL 1.01 DESCRIPTION t i A. Work Included: This work includes all labor,materials and equipment for soil ; preparation,fertilization,planting and other requirements regarding turfgrass sodding shown on the plans. B. Related.Work Specified Elsewhere: Section 02300,Earthwork. 1.02 REFERENCE STANDARDS A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. B. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller 1.03 SUBMITTALS Samples,certificates and specifications of sod,fertilizer,compost, soil amendments or other materials may be requested by the City. All delivery receipts and copies of invoices for materials used for this work shall be subject to verification by the City. 1.04 PRODUCT DELIVERY,STORAGE AND HANDLING A. Sod: Harvesting and planting operations shall be coordinated with not more than forty eight hours elapsing between the harvesting and planting. B. Fertilizer 1. Unopened bags labeled with the analysis. 2. Conform to Texas Fertilizer Law. 1.05 QUALITY CONTROL The DeveloperiContractor who plants the sod is responsible for supervision of his crew,while planting the sod and maintaining the sod until the project is accepted by the City. f(:RP SODDING +)1930 24 of 26 License Agreement PART2—PRODUCTS 2.01 SOD A The sod shall be Buebloe dactyloides("Prairie"Buffalograss)and shall consist of stolons, leaf blades,rhizomes and roots with a healthy,virile system of dense,thickly matted roots throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive, healthy and vigorous and shall be free of insects,disease,stones and undesirable foreign materials and grasses. Sod shall have been produced on growing beds of clay or clay-loam topsoil. The sod shall not be harvested or planted when its moisture condition is so excessively wet or dry that its survival will be affected. If sod is stacked,it shall be kept moist and shall be stacked roots-to-roots and grass-to-grass. B. The sod shall be cut in strips four feet wide to be laid parallel with the contours. 2.02 FERTILIZER A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. B. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area two weeks after sodding. C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. The fertilizer rate shall be 45 pounds of nitrogen per acre. 2.03 WATER The water shall be famished by the Developer/Contractor and shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally,the sod should be soaked one time per day for three weeks or until established. Soaking is mandatory after spreading the fertilizer. 2.04 COMPOST All compost material is to be totally organic and decomposed for at lease nine months. All compost is to be clean and free of fimgus,disease,live plants,seed,excessive cotton lint and any harmful chemicals. "New Life Soil Conditioner"or"Perna Green Compost",as specified below or an approved equal,shall be used. Raw organics are not acceptable. A. For soil with an alkaline pH condition: Use"New Life Acid Gro"(acid pH)soil conditioner as produced by Soil Building Systems of Dallas,or an approved equal. B. For soil with an acidic PH condition: Use"Perma Green Compost"by Texas Earth Resources,Inc.of Dallas,or"New Life Natural Grower"(ph 8.0 to 9.0)by Soil Building Systems,Inc.,of Dallas. C. Sample and Specification Submittal: Submit a producers specification and a quart sample of the compost proposed for the City's approval. TURF sODORJG 02930 .2- License Agreement 25 of 26 Wo Me PART 3-EXECUTION 3.01 GENERAL All turfing operations are to be executed across the slope,parallel to finished grade contours. y 3.02 SOIL PREPARATION'' A. Scarify subgrade to a depth of three inches before depositing the required topsoil. B. Tillage shall be accomplished to loosen the topsoil,destroy existing vegetation and prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel- type breaking plow,chisels set not more than ten inches apart. Initial tillage shall be done in a crossing pattern for double coverage,then followed by a disc harrow. Depth of tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted with sod. a* C. Cleaning: Soil shall be further prepared by the removal of debris,building materials, rubbish,weeds and stones larger than one inch in diameter. D Fine Grading: After tillage and cleaning,all areas to be planted shall be topdressed with one-half inch compost and then shall be leveled,fine graded,and drug with a weighted spike harrow or float drag. The required result shall be the elimination of ruts, depressions,humps and objectionable soil clods. This shall be the final soil preparation step to be completed before planting. 3.03 PLANTING Prior to laying the sod,the planting bed shall be raked smooth to true grade and moistened to a depth of four inches,but not to the extent causing puddling. The sod shall be laid smoothly, tightly butted edge to edge,and with staggered joints. The sod shall be pressed firmly into the sod bed by rolling or by hand tamping with an approved tamper so as to eliminate all air pockets, provide a true and even surface,and insure knitting without displacement of the sod or e deformation of the surfaces of sodded areas. Following compaction,compost shall be used to fill all cracks between sods. Excess compost shall be worked into the grass with suitable equipment and shall be well watered. The quantity of compost shall be such that it will cause no smothering or burning of the grass. 3.04 FERTILIZING Twenty-one days after planting,turfgrass areas shall receive an application of 3-1-2 fertilizer at �! the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning. END Of:SECTION C TURF SODDING 02930 .3- License Agreement 26 of 26 DATE(MM/DD/YYY1) ACCORV CERTIFICATE OF LIABILITY INSURANCE 3/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Integro USA Inc. NAME: d/b/a Integro Insurance Brokers PHONE 678-324-3300 a No: 678-324-3303 2727 Paces Ferry Road, Building Two, Suite 1500 E-MAIL Atlanta, GA 30339 ADDRESS: S ortinte ro rou .com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Everest National Insurance Company 10120 INSURED INSURER B United States of America Rugby Football Union USA Rugby INSURERC: 2655 Crescent Drive INSURER D: Lafayette CO 80026 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 40891396 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD MMIDD/YYYY A �/ COMMERCIAL GENERAL LIABILITY S18ML00180-171 9/1/2017 9/1/2018 EACH OCCURRENCE $1,000,000 CRENTED LAIMS-MADE Ez OCCUR PREM SES Ea occu".nce $1,000,000 ✓ Participant Liability MED EXP(Any one person) $Excluded ✓ PERSONAL 8.ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 ✓ OTHER:Event $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED F RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? LI N/A` (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I $ A Sexual Abuse and Molestation S18ML00180-171 9/1/2017 9/1/2018 $1,000,000 Any One Occurrence $2,000,000 Aggregate Limit DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Certificate Holder is an additional insured,but only with respect to liability arising out of the Named Insured's activities or operations. Coverage applies to all club practices and games. No coverage applies for ANY tournament unless the tournament is sanctioned and pre-approved by USA Rugby. Participant Legal Liability coverage is included in the General Liability limit. The USA Rugby member club named below is a Named Insured as of the date of certificate issuance until policy expiration. R.U.G.B.Y. CERTIFICATE HOLDER CANCELLATION R.U.G.B.Y. Clt of Fort worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE ( f� Randy Melcher I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 40891396 1 2017-18 GL Only - Additional Insured I Jessica Dombrowski 1 3/20/2018 10:38:57 AM (PDT) I Page 1 of 2 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORS)l COUNCIL ACTION: Approved on 12/12/2017 DATE: 12/12/2017 REFERENCE **C-28512 LOG NAME: 80FWRUGBYHARMON NO.. CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of License Agreement with Rugby Union Growth Begins with Youth to Use a Portion of Harmon Park for Installation of a Storage Unit Near the Rugby/Soccer Field for Equipment Storage (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of a License Agreement with Rugby Union Growth Begins with Youth to use a portion of Harmon Park for installation of a storage unit near the rugby/soccer field for equipment storage. DISCUSSION: Rugby Union Growth Begins with Youth (R.U.G.B.Y.) is a non-profit corporation that was established in 2017 to help support the growth of rugby in North Texas, and is the sister youth rugby organization of the Fort Worth Rugby Association (FWRA) which was established in 1971. FWRA has been a customer and user of Harmon Park fields and other fields since the organization's inception. FWRA utilizes the fields for both practice and games. R.U.G.B.Y. has requested to place a storage unit in Harmon Park in an area outside the field gates. The storage unit will be used for storing game materials and supplies. R.U.G.B.Y. has agreed to install a permanent concrete base in the park for the storage unit to be bolted to. This would prohibit the storage unit from floating away should a large storm event occur. Tarrant Regional Water District has reviewed the location and is in Agreement with the plan. As consideration for the License Agreement, FWRA has agreed to perform monthly clean-up of all trash and debris in and around Harmon Park Fields. The proposed License Agreement is for a term of three years, with three successive one year renewal options. Harmon Park Fields are located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that no significant impact to the City' s Fiscal Year 2018 Budget will occur upon approval. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I Year Chartfield 2 http://apps.cfwnet.org/council_packet/mc review.asp?ID=25357&councildate=12/12/2017 4/13/2018 M&C Review Page 2 of 2 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Nancy Bunton (5717) ATTACHMENTS RUGBY Form 1295.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=25357&councildate=12/12/2017 4/13/2018 C-a�1�� I -0-� CERTIFICATE OF INTERESTED PARTIES FORM 3.295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-278566 R.U.G.B.Y. Plano,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/31/2017 being filed. City of Fort Worth Date Acknowledged: I c 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. PARD#194 Poured concrete pad and shipping container 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Moore,Marry Mansfield,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,underen p ahy of perjury,that the above disclosure is true and correct CONSTANCE B.JOHNSON ,'Notary Public,State of Texas.i. +�c Comm.Expires 10-05-2020 f Notary ID 130850532_t! §igna�iAe of orized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said �.n t& this the�_day of 20 `--4- ,to certify which,witness my hand and seal of office. Signature of off!�77terin g oath Printed name of officer administering oath Title of officer 401 inistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337