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HomeMy WebLinkAboutContract 41059CJTY SECRETARYLI CONTRACT NO.__TID,rj1, GAS PIPELINE LICENSE AGREEMENT Anderson Campbell Park This PIPELINE LICENSE AGREEMENT ("Agreement") is hereby made and entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation organized under the laws of the State of Texas and acting by and through Charles Daniels, its duly authorized Assistant City Manager, and TEXAS MIDSTREAM GAS SERVICES, L.L.C. ("Company"), an Oklahoma limited liability company, acting by and through Dave Johns, Manager, Midstream Property Rights. The following statements are true and correct and constitute the basis upon which the City of Fort Worth has executed Agreement. A. Company wishes to construct a pipeline for an approximate total distance of 951.34 feet within a twenty (20) foot wide right of way for the transportation of gas through certain Park properties, as defined herein. Because Company is not a public utility, as that term is used in the City Charter and City Code, and because Company will not be providing services to end user customers in the City, Company is not required to obtain a franchise from the City, but is required to obtain the City's consent pursuant to a license agreement that sets forth the terms and conditions under which Company may use the Park. B. The City has reviewed Company's request and agrees to grant Company a license to use a portion of the subsurface of the Park in order to construct, operate and maintain a gas pipeline, on the terms and conditions set forth herein, solely for the transportation of gas and solely in accordance with the terms and conditions of this Agreement. Agreement 1. DEFINITIONS. Capitalized terms used in this Agreement and not otherwise defined within this Agreement shall have the following meanings: Affiliate shall mean any individual, partnership, association, joint stock company, limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, the entity in question. Agreement shall mean the authorization issued to Company hereunder to use the Park for (i) the construction, installation, maintenance and repair of Company's Pipeline; (ii) the use of such Pipeline for the transportation of gas; and (iii) any other directly related uses of the Park, pursuant to and in accordance with this Agreement. Texas Midstream Gas Services, L.L.C. Pipeline License Agreement -Anderson Campbell Park Page 1 of 26 TX -TA OFFICIAL RECORD CITY SECRETARY FY. WORTH, TX w oe Company shall mean Texas Midstream Gas Services, L L C , an Oklahoma limited liability corporation, only and shall not include any Affiliate or third party. City shall mean the area within the corporate limits of the City of Fort Worth, Texas and the governing body of the City of Fort Worth, Texas. Commission shall mean the Railroad Commission of the State of Texas or other authority succeeding to the regulatory powers of the Commission. Customer shall mean any Person located, in whole or in part, within the City. Director shall mean the Director of the City of Fort Worth's Parks and Community Services Department (PACSD) or authorized representative. Inspector shall mean the Gas Inspector or other inspectors as needed and as designated by the City. Person shall mean, without limitation, an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a join venture, a business trust or any other form or business entity or association. Pipeline shall mean that certain ten (10) inch nominal diameter pipeline and other facilities approved by the Director that are installed by Company in the Park in accordance with this Agreement. Park shall mean only those portions of the dedicated public property, Anderson Campbell Park as identified in Exhibit "A" of this Agreement, attached hereto and hereby made a part of this Agreement for all purposes. 2. GRANT OF RIGHTS. 2.1. General Use of Park for Transportation of Gas. Subject to the terms and conditions set forth in this Agreement and the City Charter and ordinances, the City hereby grants Company a license to erect, construct, install and maintain the Pipeline under the surface of the Park and to transport Gas through the portions of its Pipeline in accordance with Chapter 15, Article II, Gas Drilling and Production of the City Code, as may be amended. Company hereby acknowledges and agrees that this Agreement allows only the transportation of Gas through the Pipeline under the surface of the Park and does not allow Company to distribute, sell or otherwise provide Gas to any Customer Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 2 of 26 TX-TARR-MABR-030.00 2.2. Nonexclusive. This Agreement and all rights granted to Company herein are strictly nonexclusive. The City reserves the right to grant other and future licenses and other authorizations for use of the Park to other Persons and entities in accordance with applicable law and as the City deems appropriate; provided, however, that as to the grant of subsequent licenses for use of the same Park that are solely within the discretion of the City, if a dispute arises as to priority of the use of the Park, the City will resolve such dispute in a manner that does not result in unreasonable interference with Company's operation of the Pipeline for the purposes provided for 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 We canpolice power and other powers reserved to and conferred on it by the State of Texas. 2.3. Other Permits. This Agreement does not relieve Company of any obligation to obtain permits, licenses and other approvals from the City or other regulatory agency necessary for the construction, installation, maintenance or repair of Company's Pipeline or the transportation of Gas through such Pipeline. 2.4. Bonds. Prior to the commencement of any construction work in the Park, that requires a cut, opening or other excavation, Company shall deliver to the City bonds executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the proportional amount of the cost of work under the construction contract or construction project that will be performed in the Park. The bonds shall guarantee (i) satisfactory compliance by Company with all requirements, terms and conditions of this Agreement and (ii) full payments to all persons, firms, corporations or other entities with which Company has a direct relationship for the performance of such construction, maintenance or repairs. If any such construction, maintenance and repair work is undertaken by a contractor of Company, Company shall also require such contractor to deliver to Company bonds executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the proportional amount of the cost of work under the construction contract or construction project that will be performed by the contractor in the Park. The bonds shall guarantee (i) the faithful performance and completion of all construction, maintenance or repair work in accordance with the contract between Company and the contractor and (ii) full payment for all wages for labor and services and Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 3 of 26 TX-TARR-MABR-030.00 of all bills for materials supplies and equipment used in the performance of that contract. Such bonds shall name both the City and Company as dual obligees. 3. TERM. This Agreement shall become effective on the date as of which both parties have executed it ("Effective Date") and shall expire at 11:59 P.M. CST on 2030 ("Expiration Date") unless terminated earlier as provided herein. 4. FEES AND PAYMENTS TO CITY. 4.1. Park Use Fee. On or prior to the Effective Date, Company shall pay the City as compensation for its use of the Park for the Term of this Agreement the sum of $44 475.15 ("License Fee' ). Company hereby acknowledges and agrees that the amount of this License Fee is non-refundable and constitutes just and reasonable compensation to the City for Company's use of the Park. 4.2. Other Payments. In addition to the License Fee, Company shall pay the City all sums which may be due the City for property taxes, license fees, penult fees, or other taxes, charges or fees that the City may from time to time impose on all other similarly situated entities within the City. Company shall reimburse the City for publication of this Agreement as required by the City's Charter. 4.3. Interest. All sums not paid when due shall bear interest at the rate of ten percent (10%) per annum or the maximum amount allowed by law, whichever is less, computed monthly If such outstanding sums are paid with interest within thirty (30) days following their respective due dates, Company's failure to pay such sums by their respective due dates shall not, in and of itself, constitute an Event of Default under Section 9 of this Agreement. 5. REGULATORY AUTHORITY OF THE CITY. Company's property and operations hereunder shall be subject to such regulation by the City as may be reasonably necessary for the protection or benefit of the general public. Company is obligated to construct, operate and maintain the Pipeline pursuant to the rules and regulations promulgated by the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations, Section 192 and as adopted and modified by the Texas Railroad Commission and in this connection, Company shall be subject to, governed by Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 4 of 26 TX-TARR-MABR-030.00 and shall comply with all applicable federal, state and local laws, including all ordinances, rules and regulations of the City, as same may be adopted and amended from time to time. 6. USE OF PARK. 6.1 Construction Schedule 6.1.1. Pre -Construction Meeting. Company shall notify the PACSD not less than ten (10) days in advance of the proposed construction start date and shall meet with appropriate City staff for the purposes of a Pipeline pre -construction meeting not less than seven (7) days prior to initiating construction. The pre -construction meeting shall include, but not be limited to, information regarding the restoration plan for areas disturbed by Company and the coordination for the installation of a trail and sidewalk in the Park. 6.1.2. Pipeline Construction. Construction of the Pipeline, including tree removal by the Company, may begin on the Effective Date of this Agreement but in any event shall not begin later than November 15, 2010. Construction of the Pipeline, trail and sidewalk shall be completed on or before February 28, 2011 All work associated with the reseeding (see attached exhibit for seeding specifications) of the Park shall be completed on or before April 15, 2011 pursuant to Section 6.6.1. Company shall reimburse City for the reasonable costs incurred by the City related to tree removal expenses that Company and City have previously agreed upon prior to the Effective Date related to the construction of the trail and the Pipeline. 6.1.3. Trail and Sidewalk Construction. City and Company shall coordinate the site layout of the trail and sidewalk and any permits which may be necessary for construction of the sidewalk. The trail and sidewalk shall adhere to the construction specifications as set out in Exhibit "C", attached. Company shall provide to City certifications of all materials used for the construction of the trail/sidewalk and a copy of all warranties. City shall inspect all segments of construction of the trail and sidewalk as agreed upon at the pre -construction meeting. Company shall select a contractor who has the appropriate certifications, licenses and is bonded to do concrete work. Construction of the trail shall not commence until the City grants approval of the contractor selected by the Company. Company shall provide to City a copy of the contractor s certifications licenses and insurances prior to beginning construction of the trail and sidewalk.. City shall have three (3) business days to review and respond to Company in writing on the approval or denial of contractor. Upon completion of construction of the trail and sidewalk the Company shall have the applicable State of Texas agency inspect all work to certify compliance with all state and federal guidelines. If the work does not pass all required inspections, the Company shall Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 5 of 26 TX-TARR-MABR-030.00 be responsible for addressing all compliance issues until the State of Texas agency has certified and approved the trail. 6.2. Compliance with Laws, Ordinances, Rules and Regulations. The City has the right to control and regulate the use of the Park, public places and other City -owned property and the spaces above and beneath them. Company shall comply with all applicable laws, ordinances, rules and regulations, including, but not limited to City ordinances, rules and policies related to construction pennits, construction bonds, permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. 6.3. No Undue Burden. The Pipeline shall not be erected, installed, constructed, repaired, replaced or maintained in any manner that places an undue burden on the present or future use of the Park by the City and the public If the City reasonably determines that the Pipeline does place an undue burden on any portion of the Park, Company, at Company's sole cost and expense and within a reasonable time period specified by the City, shall modify the Pipeline or take other actions determined by the City to be in the public interest to remove or alleviate the burden. 6.4. Minimal Interference. Company will take all reasonable planning to minimize harm to Park and shall comply with conditions as set forth below: 6.4.1 The Pipeline will constructed by open trench method and boring method in the areas of the Park indicated on Exhibit B No other surface excavation shall be permitted on the Park except where specified for open trenching. No disturbance of trees shall be allowed along the areas identified to be protected during the preconstruction meeting. Tree protection fencing where required shall be chain link temporary fencing and shall be set at the drip line of the trees identified for protection during the preconstruction meeting by the City Forester. A field inspection of tree protection measures shall been done by a PACSD agent during the preconstruction meeting to ensure the preservation of trees. Damage to trees shall be assessed as described in Section 6 7 6.4.2 All open trenches and work areas are to be fenced with orange vinyl fencing. The fencing shall be installed along the perimeter boundaries of temporary construction work space. The orange vinyl fencing shall remain in place until repairs have been made by the Company and inspected by the PACSD. All boring occurring as indicated shall be at a minimum of ten (10) feet. For all open trenches, for the Park, the pipe shall be buried a minimum of four (4) feet from the top of the Pipeline. The City Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 6 of 26 TX-TARR-MABR-030.00 shall have the right, but not the obligation to have an inspector, present to verify the buried depth of the Pipeline. 6.4.3 Work Areas. Company shall specify work areas prior to construction and survey and stake said areas, notating the centerline and boundaries of the work areas as agreed upon at the pre -construction meeting held in accordance with section 6.1.1. Travel outside of the designated areas shall not be permitted. Once all construction has commenced the area shall be restored bladed smooth to remove all ruts and rock from the road. 6.4.4 Trench Compaction. Trenches shall be compacted to 90% Standard Proctor Density (S.S.T.M D698). Copies of all density testing shall be provided to a PACSD agent During initial construction, the trenching shall be double -ditching done in such a manner so that the top twelve (12) inches of soil will be separated from the balance of the dirt removed in making the ditch or trench for installation of the Pipeline. In backfilling, after installation of the line, the topsoil first removed_shall be used as cover soil in such manner so as to result in it being returned to the top of the ditch as topsoil 6.4.5. Tracer Wire The Company shall have the right to lay tracer (tracking) wire on the Park to locate the Pipeline during construction. 6.4.6. Equipment No equipment shall be placed on or within the boundaries of the Park except for designated areas inside the gate as specified on the attached Exhibit B. No storage of manned or habitable trailers shall be stored on the Park unless approved by the Director or designee. . 6.4.7. Access. Company shall be granted access through the access entrance gate at the Park or as determined during the pre -construction meeting along Ohio Gardens. All requirements related to ingress and egress and traffic controls shall remain in effect until such time that all work associated with the construction of the Pipeline has been completed. Company shall notify PACSD in the event of any changes. 6.4.8. Temporary Fencing. Orange mesh fencing shall be used along the perimeter of temporary construction area and travel access areas to prevent equipment and Company, its employees, its contractors and other persons from damaging plant materials. 6.5. Emergency Procedures. 6.5.1. For purposes of this Section, a public emergency shall be any condition which, in the opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man-made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills In the event of a public emergency, the City shall have the right to take Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 7 of 26 TX-TARR-MABR-030.00 whatever action is deemed appropriate by the City Manager, Mayor, Police Chief or Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the Pipeline and Company hereby (i) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages, as defined in this Agreement, that may occur to the Pipeline or that Company may otherwise incur as a result of such a response, and (ii) agrees that Company, at Company's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its Pipeline that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state and federal laws, including any requirements to notify the Texas One Call System to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the Pipeline, the City will notify Company as soon as practicable so that Company may advise and work with the City with respect to such action. 6.5.2. The Company shall maintain written emergency response plans pursuant to 49 C.F.R. § 192.615, 6.5.3. In the event of an emergency directly that involves that portion of the Pipeline located in the Park and necessitates immediate emergency response work on or repairs, Company may initiate the emergency response work or repairs or take any action required under the circumstances provided that Company notifies the City as promptly as possible. After the emergency has passed, Company shall apply for and obtain any applicable federal, state and local permits, as may be adopted and amended from time to time for the emergency work and otherwise fully comply with the requirements of this Agreement 6.6. Surface Repairs Due to Company Activity. 6.6.1. Upon completion of construction activity, Company, at Company's sole cost and expense, and in a manner approved by the City, shall promptly restore any portion of the Park, Public Rights of Way, or other City -owned property that are in any way disturbed or damaged by the construction, operation, maintenance or removal of any of the Pipeline to, at Company's option, as good or better a condition as such property was in immediately prior to the disturbance or damage. Unless otherwise specified in this Agreement or by the City, Company shall diligently commence such restoration following the date Company first became aware of the disturbance or damage. All materials for restoration of the Park shall be inspected and approved by the Director or designee prior to placement. Such soil and grass shall have all supporting documentation certifying the quality meets or exceeds specifications required pursuant to the specifications attached on Exhibit "D . All such planting material shall be inspected by the Director or designee prior to installation. Company will water each disturbed area as many times as necessary until a stand of grass comparable to that which was originally in place before the disturbance. Surface areas to be restored shall be detetined by the Texas Midstream Gas Services, L.L.C. Pipeline License Agreement- Anderson Campbell Park Page 8 of 26 TX-TARR-MABR-030.00 Director or designee. In the event of a spill, Company shall immediately notify the City and coordinate with the Director or designee the removal of any and all contaminated soil from the property in accordance with all applicable state and federal laws. 6.7. Damage to Trees During Construction, Maintenance or Repair. In the event of any damage to trees during the construction, maintenance or repair of the Pipeline Company shall comply with the following• 6.7.1 The City Forester shall have the right to inspect any trees located on the Park for damage by Company and if applicable may inspect trees for slight, moderate or severe damage as described below. 6.7.1.1. Slight Damage: Slight damage shall be defined as damage in the opinion of the City Forester, that may heal, examples include but are not limited to scaring of the trunk into the cambial layer 1/2" 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 to tree(s) shall be assessed at a rate of: $100.00 for each instance of slight damage to tree(s). 6.7.1.2. Moderate Damage: Moderate damage shall be defined as damage, in the opinion of the City Forester, that contributes to the poor health and reduced longevity of the tree, examples include but are not limited to scaring of the trunk into the cambial layer greater than 2" but less than 1/3 the trunk circumference or breaking of limbs more than 2" in diameter but less than 1/3 trunk caliper. Moderate damages shall be calculated at a rate of 1/2 the assessed value of the tree for trees over 20 inches in caliper per each instance of damage (see attached tree survey) or $300 per caliper inch per instance of damage which ever is greater; for trees less than 20 inches the assessed value shall be $300 per caliper inch for each instance of moderate damage to tree(s). 6.7.1.3. Severe Damage: Severe damage shall be defined as damage, in the opinion of the City Forester, that shall include but is not limited to scaring of the trunk to the cambial layer greater than 1/3 the trunk circumference uprooting or causing a tree to lean, damage to a scaffolding branch or branch greater than 1/3 of trunk caliper or removal of a tree. Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back to according to ANSI standards. Trees caliper shall be measured according to accepted industry standards. Trees greater than 6 ' in caliper shall be measured using diameter at breast height (DBH). Severe damage or removal of tree(s) shall be assessed as follows: for tree(s) twenty-five (25) inches or less in caliper Company shall pay the appraised value for any tree(s) removed or damaged; for tree(s) greater than twenty-five Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 9 of 26 TX-TARR-MABR-030.00 (25) inches in caliper Company shall pay double the appraised value for trees removed or damaged. 6.7.2. Company shall make payment for any such damages and must plant replacement trees for severely damaged trees at a location to be determined by PACSD. Replacement shall be made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2" in caliper. Company shall be responsible for the planting watering, mulching and maintenance of replacement trees for a period of not less than 2 years. Any tree that does not survive the 2 year establishment period shall be compensated for by the contractor to PACSD at a rate of $200 per caliper inch. 6.7.3. In addition to damages assessed by PACSD, trees removed shall also be subject to the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance. 6.8. "As -Built" Plans and Maps. Company at Company's sole cost and expense, shall provide the City with as - built plans of all portions of the Pipeline located in the City and the City s extraterritorial jurisdiction and maps showing such Pipeline within ninety (90) calendar days following the completion of such Pipeline. Company shall supply the textual documentation of such as -built plans and maps in computer format as requested in writing by the City and shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately reflected in the City's mapping system. 6.9. Specifications of the Pipeline The Company shall erect, install, construct, repair, replace and maintain the Pipeline and pursuant to the rules and regulations promulgated by the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations, Section 192 and as adopted and modified by the Texas Railroad Commission. The Pipeline shall not exceed a ten (10) inch nominal diameter and a right of way width of no more than thirty (30) feet throughout the entire length of the Park. 6.10. Marking of Pipeline. The Pipeline shall be marked pursuant to the rules and regulations promulgated by the U.S. Department of Transportation, Office of Pipeline Safety as set out in the Code of Federal Regulations, Section 192 and as adopted and modified by the Texas Railroad Commission, which shall show conspicuously Company's name and a toll -free telephone number of Company that a Person may call for assistance. 6.11. Surface Excavation and Additional Fees. The City shall have the right to coordinate all excavation work in the Park in a manner that is consistent with and convenient for the implementation of the City's Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 10 of 26 TX-TARR-MABR-030.00 program for public dedicated open space In order to preserve the integrity of the Park, Company shall not cut, excavate or otherwise breach or damage the surface of the Park except as hereto for agreed to in this Agreement 6.12. Relocation of Pipeline. Within forty-five (45) calendar days following a written request by the City, Company, at Company's sole cost and expense, shall protect, support, disconnect or relocate to another portion of the Park all or any portion of its Pipeline due to street or other public excavation, construction, repair, grading, re -grading or traffic conditions; the installation of sewers, drains, water pipes or municipally -owned facilities of any kind; the vacation, construction or relocation of streets or any other type of structure or improvement of a public agency; any pubhc work; or any other type of improvement necessary, in the City s sole discretion, for the public health, safety or welfare. If Company reasonably requires more than forty-five (45) days to comply with the City's written request, it shall notify the PACSD in writing and the City will work in good faith with Company to negotiate a workable time frame. 6.13. Removal of Pipeline. Upon the revocation, termination or expiration without extension or renewal of this Agreement, Company's right to use the Park under this Agreement shall cease and Company shall immediately discontinue the transportation of Gas in or through the Park. Within six (6) months following such revocation, termination or expiration and if the City requests, Company, at Company's sole cost and expense, shall cap and leave the Pipeline in place in accordance with applicable laws and regulations If Company has not capped the Pipeline, within six (6) months following revocation, termination or expiration of this Agreement, the City may deem any portion of the Pipeline remaining in the Park abandoned and, at the City's sole option, (i) take possession of and title to such property or (ii) take any and all legal action necessary to compel Company to remove such property; provided, however, that Company may not abandon its facilities or discontinue its services within the City without the approval of the Commission or successor agency or any other regulatory authority with such jurisdiction. Within six (6) months following revocation, termination or expiration of this Agreement and in accordance with Section 10 of this Agreement, Company shall also restore any property, public or private that is disturbed or damaged by removal (or, if consented to by the City, capping and leaving in place) of the Pipeline. If Company has not restored all such property within this time, the City, at the City's sole option, may perform or have performed any necessary restoration work, in which case Company shall immediately reimburse the City for any and all costs incurred in performing or having performed such restoration work. Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 11 of 26 TX-TARR-MABR-030.00 7. LIABILITY AND INDEMNIFICATION. 7.1. Liability of Company. Company shall be liable and responsible for any and all damages, losses, liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands, defenses judgments, lawsuits, proceedings, costs, disbursements or expenses (including, without limitation, fees, disbursements and reasonable expenses of attorneys, accountants and other professional advisors and of expert witnesses and costs of investigation and preparation) of any kind or nature whatsoever (collectively "Damages"), which may arise out of or be in any way connected with (i) the construction, installation, operation, maintenance or condition of the Pipeline or any related facilities or appurtenances; (ii) the transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work, labor, materials or supplies provided or supplied to Company, its contractors or subcontractors; or (iv) Company's failure to comply with any federal, state or local law, ordinance, rule or regulation, except to the extent directly caused by the negligent or grossly negligent act(s) or omission(s) or intentional misconduct of the City. COMPANY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ITS USE OF THE PREMISES UNDER THIS AGREEMENT OR WITH THE USE, MAINTENANCE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PARK, EXCEPT TO THE EXTENT CAUSED SOLELY BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY. 7.2 Indemnification. COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS, COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS ("INDEMNITEES'9, FROM AND AGAINST ANY AND ALL DAMAGES WHICH MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH (I) THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE OR CONDITION OF THE PIPELINE OR ANY RELATED FACILITIES OR APPURTENANCES; (II) THE TRANSPORTATION OF GAS THROUGH THE PIPELINE; (III) ANY CLAIM OR LIEN ARISING OUT OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (Ii9 COMPANY'S FAILURE TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF THE CITY. Texas Midstream Gas Services, L.L.C. Pipeline License Agreement- Anderson Campbell Park Page 12 of 26 TX-TARR-MABR-030.00 7.3 Assumption of Risk and Environmental Remediation. COMPANY HEREBY REPRESENTS TO THE CITY THAT (i) COMPANY HAS FULLY INSPECTED THE PARK; (ii) COMPANY IS SATISFIED WITH THE CONDITION OF THE PARK; AND NO COMPANY HAS BEEN FULLY ADVISED OF ITS OWN RIGHTS WITHOUT RELIANCE UPON ANY REPRESENTATION MADE BY THE CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, COMMISSIONS, BOARDS OR VOLUNTEERS. COMPANY HEREBY UNDERTAKES AND ASSUMES, FOR AND ON BEHALF OF COMPANY, ITS OFFICERS, AGENTS, CONTRACTORS, SUBCONTRACTORS AND EMPLOYEES, ALL RISK OF DANGEROUS CONDITIONS, IF ANY, ON THE PARK, ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ITS USE OF THE PREMISES UNDER THIS AGREEMENT OR WITH THE USE, MAINTENANCE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PARK, EXCEPT TO THE EXTENT CAUSED SOLELY BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY ALTHOUGH, TO THE BEST OF THE CITY'S KNOWLEDGE, THE PARK COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL ENVIRONMENTAL LAWS AND REGULATIONS (COLLECTIVELY "ENVIRONMENTAL LAWS'), THE CITY DOES NOT WARRANT SUCH. COMPANY HEREBY COVENANTS AND AGREES THAT COMPANY, AT ITS SOLE COST AND EXPENSE, SHALL BE FULLY RESPONSIBLE FOR THE VIOLATION OF ANY ENVIRONMENTAL LAWS CAUSED, IN WHOLE OR IN PART, BY COMPANY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR INVITEES, AND ANY REMEDL4TION THAT MAY BE REQUIRED AS A RESULT OF SUCH VIOLATION, EXCEPT TO THE EXTENT CAUSED BY THE CITY. 7.4. Defense of Indemnitees. In the event any action, lawsuit or other proceeding is brought against any Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder, the City shall give Company prompt written notice of the making of any claim or commencement of any such action, lawsuit or other proceeding, and Company, at Company's sole cost and expense, shall resist and defend the same with reasonable participation by the City and with legal counsel selected by Company and specifically approved by the City In such an event, Company shall not admit liability in any matter on behalf of any Indemnitee without the advance written consent of the City. Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 13 of 26 TX-TARR-MABR-030.00 8. INSURANCE. Company shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide coverages as specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence or location of the Park and the construction, installation, operation, maintenance or condition of the Pipeline, including the transportation of Gas through the Pipeline. The required insurance can be met by a combination of self-insurance, primary and excess policies. 8.1. Primary Liability Insurance Coverage. • Commercial General Liability: $1,000,000 per occurrence, 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. • Property Damage Liability: • $10,000,000 per occurrence Automobile Liability: $1,000,000 per accident including, but not limited to, all owned, leased hired or non -owned motor vehicles used in conjunction with the rights granted under this Agreement • Worker's Compensation: As required by law; and, Employer's Liability as follows: $1,000,000 per accident. 8.2. 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 Agreement. Company agrees that within thirty (30) days of receipt of written notice from the City, Company will implement all such revisions requested by the City. 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. Texas Midstream Gas Services, L.L.C. Pipeline License Agreement- Anderson Campbell Park Page 14 of 26 TX-TARR-MABR-030.00 8.3. Underwriters and Certificates. Company shall procure and maintain its insurance with underwriters authorized to do business in the State of Texas and who are acceptable to the City in tetnis of solvency and financial strength. Within thirty (30) days following adoption of this Agreement by the City Council, Company shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein In addition, Company shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. 8.4. Deductibles. Deductible or self -insured retention limits on any line of coverage required herein shall not exceed $1,000,000 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. 8.5. No Limitation of Liability. The insurance requirements set forth in this Section 8 and any recovery by the City of any sum by reason of any insurance policy required under this Agreement 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. 9. DEFAULTS. The occurrence at any time during the terror of this Agreement of one or more of the following events shall constitute an "Event of Default" under this Agreement 9.1. Failure to Pay License Fee. An Event of Default shall occur if Company fails to pay any License Fee on or before the respective due date. 9.2. Breach. An Event of Default shall occur if Company materially breaches or violates any of the terms, covenants, representations or warranties set forth in this Agreement or fails to perform any obligation required by this Agreement. 9.3. Bankruptcy, Insolvency or Receivership. An Event of Default shall occur if Company (i) files a voluntary petition in bankruptcy (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any petition filed against it seeking any reorganization, arrangement composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 15 of 26 TX-TARR-MABR-030.00 bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Company, any of Company's property or any revenues, issues, earnings or profits thereof, (v) makes an assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as they become due. 9.4. Violations of the Law. An Event of Default shall occur if Company violates any existing or future federal, state, or local laws, ordinances, rules and regulations of the City. 9.5 Failure to Complete Construction An Event of Default shall occur if Company fails to complete construction of the Pipeline in accordance with section 6 1 2 10. UNCURED DEFAULTS AND REMEDIES. 10.1. Notice of Default and Opportunity to Cure. If an Event of Default occurs on account of Company's failure to pay the License Fee in accordance with Section 9.1 or fails to complete construction of the Pipeline in accordance with Section 9.5, such Event of Default shall be deemed an Uncured Default and the City shall have the right to terminate this Agreement immediately upon provision of written notice to Company If an Event of Default occurs for a reason other than for failure to pay the License Fee or failure to complete construction of the Pipeline, the City shall provide Company with written notice and shall give Company the opportunity to cure such Event of Default. For an Event of Default which can be cured by the immediate payment of money to the City, Company shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. For any other Event of Default, Company shall have sixty (60) days from the date it receives written notice from the City to cure the Event of Default and pay any fees assessed. If any Event of Default is not cured within the time period specified herein, such Event of Default shall, without further notice from the City, become an "Uncured Default" and the City immediately may exercise the remedies provided in Section 10.2. 10.2. Remedies for Uncured Defaults. Upon the occurrence of an Uncured Default the City shall be entitled to exercise, at the same time or at different times, any of the following remedies all of which shall be cumulative of and without limitation to any other rights or remedies the City may have: Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 16 of 26 TX-TARR-MABR-030.00 10.2.1. Termination of Agreement. Upon the occurrence of an Uncured Default, the City may terminate this Agreement. Upon such termination, Company shall forfeit all rights granted to it under this Agreement and, except as to Company's unperformed obligations and existing liabilities as of the date of termination, this Agreement shall automatically be deemed null and void and shall have no further force or effect. Company shall remain obligated to pay and the City shall retain the right to receive License Fees and any other payments due up to the date of termination. Company shall remove the Pipeline from and restore the Park as and when requested by the City. The City's right to terminate this Agreement under this Section 10.2.1 does not and shall not be construed to constitute any kind of limitation on the City's right to terminate this Agreement for other reasons as provided by and in accordance with this Agreement; provided, however, that Company may not abandon the Pipeline without the approval of the Commission or successor agency or other regulatory authority with jurisdiction, if such action without such approval is prohibited at the time by applicable federal or state law or regulation. 10.2.2. Legal Action against Company. Upon the occurrence of an Uncured Default, the City may commence against Company an action at law for monetary damages or in equity, for injunctive relief or specific performance of any of the provisions of this Agreement which, as a matter of equity, are specifically enforceable. 11. PROVISION OF INFORMATION. 11.1. Filings with the Commission. Company shall provide copies to the City of all documents which Company files with or sends to the Commission concerning or related to its transportation of Gas through or other operations in the City, including, but not limited to, filings related to (i) tariffs; (ii) rules, regulations and policies requested, under consideration or approved by the Commission, and (iii) applications and any supporting pre -filed testimony and exhibits filed by Company or third parties on behalf of Company, on the same date as such filings are made with the Commission In addition, Company shall provide the City upon request with copies of records, documents and other filings that Company is required to maintain or supply to the Commission under any applicable state or federal law, rule or regulation concerning or related to its transportation of Gas through or other operations in the City. Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 17 of 26 TX-TARR-MABR-030.00 11.2. Lawsuits. Company shall provide the City with copies of all pleadings in all lawsuits to which Company is a party and that pertain to the granting of this Agreement and/or the transportation of Gas through the City within thirty (30) days of Company's receipt of same. 12. COMPANY AS INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Company shall operate as an independent contractor as to all rights and privileges granted by this Agreement, and not as an agent, representative or employee of the City. Company shall have the exclusive right to control the details of its business and other operations necessary or appurtenant to the transportation of Gas in accordance with the terms and conditions of this Agreement, and shall be solely responsible for the acts and omissions of its officers agents, servants, employees, contractors and subcontractors. Company acknowledges that the doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, employees, contractors and subcontractors. Company further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Company. 13. ASSIGNMENT PROHIBITED. Company may not assign or otherwise transfer any of its rights or obligations under this Agreement unless specifically authorized in writing by the City, which authorization shall not be unreasonably withheld; provided, however, that Company may make such an assignment of its rights to an affiliated company without the consent of City provided, that upon such assignment, Company shall notify City within sixty (60) days of said assignment. An `affiliated company' shall mean any parent, subsidiary or sister company or other legal entity that controls, is controlled by, or is under common control with Company For purposes of this clause, `control' means direct or indirect ownership of fifty percent (50%) or more of the voting rights of the subject entity. Notwithstanding such an assignment to an affiliated company, Company shall remain liable to City for any failure to perform hereunder by the affiliated assignee, and this provision shall thereafter be applicable to Company and such affiliated assignee. 14. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (i) hand -delivered to the other party its agents, employees, servants or representatives, or (ii) received by the other party by United States Mail, postage prepaid, return receipt requested, addressed as follows: Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 18 of 26 TX-TARR-MABR-030.00 To THE CITY: City of Fort Worth Parks and Community Services Director 1000 Throckmorton Fort Worth, TX 76102 with a copy to: City of Fort Worth Department of Law Attn• Attorney for PACSD 1000 Throckmorton Fort Worth, TX 76102 15. NON-DISCRIMINATION COVENANT. To COMPANY: Texas Midstream Gas Services, L L C Mr Dave Johns Manager, Midstream Property Rights 100 Energy Way Fort Worth, TX 76102 with a copy to: Texas Midstream Gas Services, L L C CT Corporation System 350 N. St. Paul St. Dallas, TX 75201 Company shall not discriminate against any person on the basis of race, color, national origin, religion, handicap, sex, sexual orientation or familial status in the receipt of benefits from Company's business operations, in any opportunities for employment with Company or in the construction or installation of the Pipeline. 16. NO WAIVER. The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW AND VENUE. This Agreement shall be construed pursuant to and in accordance with the laws of the United States of America and the State of Texas. If any action, whether real or asserted, at law or in equity, arise out of the terms of this Agreement, Company's transportation of Gas or Company's use of the Park, venue for such action shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. CONFERENCES. At the request of either the City or Company, the City and Company shall meet at reasonable times and upon reasonable notice to discuss any aspect of this Agreement, Company's Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 19 of 26 TX-TARR-MABR-030.00 Pipeline, Company's operations in the City, Company's transportation of Gas or Company's use of the Park. 19. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including, without limitation all available appeals, have been exhausted. In such an event the City and Company agree that they shall amend or have amended this Agreement to comply with such final order entered by a court of competent jurisdiction. 20. FORCE MAJEURE. In the event Company s performance of any of the terms conditions or obligations required by this Agreement is prevented by a cause or event that is not within Company's reasonable control, Company's non-performance shall be deemed excused for the period of such inability. Causes or events that are not within the Company's control shall include, but not be limited to, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions and natural disasters. 21. HEADINGS NOT CONTROLLING. Headings and titles, other than those captions in Section 1, that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 22. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Company as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties and approved by the City Council of the City. EXECUTED as of the later date below: Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 20 of 26 TX-TARR-MABR-030.00 CITY OF FORT WORTH: TEXAS MIDSTREAM GAS SERVICES, L.L.C.: c sL15As,.1 )064-Assrl 16 Assi City Manager ohn ageriMidstream Property Rights Date: Date: APPROVED AS TO FORM AND LEGALITY: r By: UV�,auv�c�, Melinda Ramos, Assis M&c: I601AI tiested by: Marty Hendrix, 44#1 FOR v.ti .,, p' �4' to0oacop Q o0 00+ ihe �A° °o 0 0 o 4)0o 0 1 y Secretary0o 00% 0 0 0 0 82'0 00 ei< 4/ o� 45?' * 4 °vao° Texas Midstream Gas Services, L L C. Pipeline License Agreement- Anderson Campbell Park Page 21 of 26 Ra010..00 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ACKN VjJILEDGEMENT THE STATE OF TEXAS § COUNTY OF ii RRANT § This instrument was acknowledged before me on this Ct day of ntklak ci , 2010, by Syste,"aa1.s , Assistant City Manager of the City of Fort Worth, Texas, a municipal corporation, on behalf of the City of Fort Worth, Texas. ' - mil�s x � •� • t T/ �r v l..ii Y1.}A M. ffi; i'. lLi NGER ` ,.:.• �...,:= MY COMMISSION EXPIRES .yam; '�,. !� ;'. �'rr'f ;Dr ..i� e, FebnJity2, 2014 tj THE STATE OF TEXAS M cl4Uak.n. t Notary Public, State of Texas ACKNOWLE WV LE GMENT COUNTY OF TARRANT § 1 before me on this `' dayof o�4 This instrument was acknowledged , 2010, Dave Johns, Manager, Midstream Property Rights of Texas Midstream Gas Services, L.L.C., an Oklahoma limited liability company, on behalf of said company. BEVERLY B. DAVIS Notary Public, State of 'texas My Commission Expires August 28 i 2011 Notary Public, tate of Texas My commission expires: My commission number: Texas Midstream Gas Services, L.L C. Pipeline License Agreement- Anderson Campbell Park Page 22 of 26 -TARR-MABR-03 0.00 EXHIBIT "A" Company may only use approximately 95134 linear feet crossing the Park as depicted below: [PLAT TO BE INSERTED] Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 23 of 26 TX-TARR-MABR-030.00 / APPROXIMATE ABSTRACT LINE ra NEW TEXAS AUTO AUCTION SERVICES LP INSTRUMENT #D201286080 R . VARIABLE WIDTH TEMPORARY WORKSPACE 2 1 97.80' 1 cfl 0 EXHIBIT "A" TARRANT COUNTY, TEXAS PLAT TO ACCOMPANY FIELD NOTES HRS OF J. ©fDDQ BRESS � URVEY AIDI Ti'DS1A©T I* 2,52 20' LICENSE AREA 9 141.66 P.O.B. 1/2" IRF CONTROLLING MONUMENT ( TX—TARR—MABR-029.00 ) L9 L2 4OHIO GARDEN RD. S 87'52'11" W 440.18' ( TX—TARR—MABR-030.00 ) CITY OF FORT WORTH TRACT 2 INSTRUMENT #0200077813 11.49 ACRES DRTCT PETER SCHOONOVER SURVEY fronitcT NO. 1406 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 141.40' 20.04' 20.02' N 45'54'47" E 8'07'11" TOTAL LINEAR FEET = 951.34' LICENSE AREA = 0.44 ACRES TEMPORARY WORKSPACE 1 = 0.54 ACRES TEMPORARY WORKSPACE 2 = 0.11 ACRES TITLE INFORMATION PROVIDED BY: LAND VENTURES, LLC NO OTHER UTILITY OR EASEMENT RECORD RESEARCH WAS PERFORMED BY LIS SURVEY TECHNOLOGIES, INC. AND IS NOT INCLUDED IN THIS SCOPE. LINE BEARING DISTANCE L1 S 00'04'31 " E 19.98' L2 S 87'52'11" W 658.00' L3 S 03'35'08" W 109.43' L4 S 48'35'08" W 45.15' L5 N 41'24'52" W 147.64' L6 S 41'24'52" E 128.58' L7 N 48'35'08" E 16.86' L8 N 03'35'08" E 119.25' L9 N 87'52'11" E 676.81' w 0 z 0 z 0 Q z� Q O 0 0 Z O 0 LJ o z 3/8" IRF CONTROLLING MONUMENT LEGEND: P.O.B. = POINT OF BEGINNING 0 = 1/2" IRON ROD FOUND UNLESS OTHERWISE NOTED DRTCT = DEED RECORDS, TARRANT COUNTY, TEXAS PRTCT = PLAT RECORDS, TARRANT COUNTY, TEXAS = PROPERTY LINE 0 a) co r) 0 0 0 0 co 0 co 0 N 0 z w 1- In z 0' 50' 100' 200' SCALE: 1" = 100' Scale intended for legal size (8.5"x14") ALL DATA BASED ON TEXAS STATE PLANE COORDINATE SYSTEM GRID, NORTH CENTRAL ZONE GRID, NAD 83 (2002) PLAT TO ACCOMPANY FIELD NOTES 4 05/17/10 RLF REVISED EASEMENT & TEMP WORKSPACE JRP 3 03/29/10 SCD REVISED TEMP WORKSPACE TBH 2 12/10/09 SCD REVISED TEMP WORKSPACE AND PERM EASE. TBH 03/17/09 RJM LICENSE AGREEMENT t e x 4 S MIDSTREAM REV. DATE BY DESCRIPTION CHK. LIS SLRV ' 1110001.04113 cORPORRI1Of LIS Survey Technologies, Inc. 403 Jim Wright Freeway South, Ste. 150 Fort Worth, TX 76108, 817-246-5900 PROPOSED MARY BROWN 1 H 24" PIPELINE CROSSING PROPERTY OF CITY OF FORT WORTH TARRANT COUNTY, TEXAS DRAWN BY: SCD DATE: 12-04-08 CHECKED BY: JRP DATE: 05/17/10 SCALE: 1"=100' APP.: DWG. NO. TX-TARR-MABR-030.00 REV. 4 BCC Texas Midstream and Gas Services City of Fort Worth Peter Schoonover Survey, Abstract 1405 Tarrant County, Texas TX-TARR-MABR-030.00 FIELD NOTES DESCRIPTION FOR A 20 FOOT WIDE LICENSE AREA Description of a 0.44 acre tract of land (License Area), situated in the Peter Schoonover Survey, Abstract 1405, Tarrant County, Texas, being a portion of a tract of land described in deed to City of Fort Worth as Tract 2, as recorded in Instrument No. D200077813 of the Deed Records of Tarrant County, Texas, said 0.44 acre and tract, as shown on the accompanying plat, being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found (controlling monument) in the south right-of-way line of Ohio Garden Road, marking the northeast corner of said City of Fort Worth tract and the northwest corner of a tract of land described in deed to New Texas Auto Auction Services, L.P., as recorded in Instrument No. D201286080 of the Deed Records, Tarrant County, Texas; THENCE South 00° 04' 31" East, along the common line of said City of Fort Worth tract, and said New Texas Auto Auction Services, L.P. tract, a distance of 19.98 feet from which a 3/8 inch iron rod found (controlling monument bears South 00°04'31" East, 894.50 feet; THENCE leaving the common line of said City of Fort Worth tract and said New Texas Auto Auction Service L.P. tract, and crossing said City of Fort Worth tract the following courses and distances: South 87° 52' 11" West, 658.00 feet ; South 03°35'08" West 109.43 feet; South 48°35'08" West 45.15 feet; North 41°24'52" West 147.64 feet to a point in the south right-of-way line of Ohio Garden Road and north line of said City of Fort Worth tract, said point being the beginning of a curve to the right having a radius of 141.40 feet and a chord of North 45°54'47" East 20.02 feet; THENCE Northeasterly along said curve 20.04 feet; THENCE leaving the common line of said Ohio Garden right-of-way and said City of Fort Worth tract, and crossing said City of Fort Worth tract the following courses and distances: South 41°24'52" East 128.58 feet; North 48°35'08" East 16.86 feet; North 03°35'08" East 119.25 feet to a point in the southern right-of-way line of Ohio Garden Road, said point also being the northern boundary line of said City of Fort Worth tract, THENCE with the said common line of Ohio Garden right-of-way and said City of Fort Worth tract North 87°52'11" East 676.81 feet to the POINT OF BEGINNING and containing 0.44 acres of land, more or Tess, the plat of which is incorporated by reference herein. All data based on the Texas State Plane Coordinate System, North Central Zone Grid, NAD 83 (2002). LIS Survey Technologies Corporation P.O. Box 121639 Fort Worth, Texas 76121 817-246-5900 Justin R. Parenteau Registered Professional Land Surveyor No. 5959 — State of Texas T X- T ARR-MABR-030.00 Field notes to accompany plat OFr So Co..• G\sTE, • • `_' �U Q. k A JUSTIN RENE PARENTEAU ri et ys3 5959 " ' 7? 41.4e • ` S» AI `,tea }3ts oS� EXHIBIT "B" [ALIGNMENT SHEETS & HDD TO BE INSERTED] Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 24 of 26 TX-TARR-MABR-030.00 COUNTY & STATE 0 W .o-I zW o co ce N Q 1- TARRANT COUNTY, TEXAS 5 0 2 2 10 In a e,t9 tl gr A .do ES+51 POAr"7i POLE 1C It a + W AA .4 as 8 Rig 95 14 lEbeg X- N LL 10p0'-- o,00000 o eon nnn 2 ['tig w J I\ nl".1 2 2 NH III NC% +++ 000-NNNN - W 1Z a • \ t \\ `• 0' 00' 150' 1 i 1 SCALE: 1' - 50' I I \ D 1 ♦ II �� .•, j �\l♦ 2 I \ ♦ • \' •/A r 1 ♦ >,,r \'. , 4' / 0 co • O \ // VARIABLE WIDTH TEMPORARY WORKSPACE -O- VP- i// %/, A . FUTURE BASKETBALL / : COURT • , J, / /fl /f// : % /. T , f /'l I'i L' i,. irwiCv r.„•••••••• 0. 0. FUTURE PARKING LOT 13X-TARR-MA5 R-030, 01 n ACCESS STRIP — 20' LICENSE AREA 1 0 11 0 71+20 HOD ENTRY POINT/ TIE-IN POINT yT r„- 9. :•ad dr;Y.•4 t Y...Eae,4•'—. _, 1 .tT 1 1,. ' • �•--•--^ L Zt ;Ara r- a •i(. flC-11►—bc--ba�0c •f T y7--•• v:-;�•,V• •iA-• 71 , , 72+° _20' PERMANENT IeePIENT 0. ��r //i : 9 : %/9:/;! jam/ • j`., / /� ////// •////:� /� / -MI f / // • , // f// • /// /// ' 9 ,WORKSPACR /// ' .• • / . • . ; •, /'//./ / f!/•./////// % /// • //;'%• /� / /` . ; // l_� �-1 (TX-TARR-MAAR-031.00 R. fSIGI ATIFWER ..1!F:{EV :L- i.1Sf T4+0C X Iu) O in II II W W to N z8 ff O IV CC La 0> HOD CURVE FATA• EXIT ANGLE: 8• RADIUS OF CURVATURE: 1,000' 580 540 520 500 480 460 63 HMI CURVE OAT*. ENTRY ANGLE: 7 RADIUS OF CURVATURE: 1,000' STA. 70+07 24' CFW STORM DRAIN (-532.70' NATURAL GROUND NATURAL GROUND -...\ -'...... { 83+50 NOD — -EXIT POINT 12' "� T 1 r 1 ]0' — 1 1 i 71+25 1DD 1 1 T fur ur r187rt= ilf` rIIILIJNC 1 LNTRY/TI_—IN It- PT i i POINT 1 110' DID DOWN) ! pc i a PT 1 i it h 1 1- PC 1 68+00 69+00 70+00 71+00 560 540 520 500 480 460 72+00 GENERAL INFORMATION CONTRACTOR SHALL BC REPONSIBLC FOR LOCATING ALL UNDERGROUND UTIUIIES PRIOR TO CONSTRUC11ON. DATUM BASED ON 11:XAS STATE PLANE COORDINATE SY31CM, NAD 83 NORTH CENTRAL ZONE, NAVD 88, DERIVED FROM CPS OBSERVATIONS. 1RLC INFORMATION PROVIDED BY TEXAS MIDSTREAM OAS SERVICE, LLC. HORIZ. SCALE IN FEET 1Q• VCRT. SCALE IN FEET 150' 0 O 0 LEGEND T=Fr 11AM , gry C:v.1N 1 /- - ••M r*Fr 1•-'f ;/111 11311-' 1 F r1t III, a l 1.1; I11 : I I " n1.6 IJP I-F tirrr •/+ //I" " /T'= "/1't . \• IL 1 rl - r1r r.'Mr' /or •t' IIHr 111'I : 11 INII rvrA Mr -' F III' :IC' no' 11 111 'I1 OPTING UIEMRAIR -OINN APVRMRMTE LOCA1100 CIIIRMTI D MCA IM6 MUM (MAI A,41 Waal CO•1 M.0 TOM taut \LID\ LYALI 14G1tN.•IOI Mein. OF ALL O101N3 Ularttt N MICA Of flan Mt01ICI cab IRLIC 111,1 MO CALL ILIA OK CALL El Bit M At 1it.NAd&I►AICA110111M utun COMPANta AT I roar 7MIRA► OD l$ IY FOUREI PRIOR TOCON7IRUCmLML 1-800-245-4545 %MIW II 1MIM:/l 11:1>N TEXAS ONE CALL SYSTEM DESCRIPTION 10.750' O.D. X 0.365' W.T., API-5L X52. 12-14 MILS FOG. 16-10 N81S AI10 REFERENCE DRAWINGS 0/13/10 7/19/10 4/19/10 4/15/10 3/30/10 3/22/10 DATE REVISION ADD/DELETE nc-INS. LIGHTEN ROAD JWS RDADVED HORIZONTAL CURVE FROM DORC REVISED HDD TIE-IN AND ENTRY POINT REVISED HDD DRILL REVISED TEN? WORKSPACE ISSUE FOR REVIEW DESCRIPTION SCD ] SCD BY KDM KDM KDM CH'KD. t e x 4 S MIDS. r H V I C r STREAM C A LIS Survey TL1du1o1a0bn, Inc. 403 Jim WNOht Froowoy South, 51D.150 Foil Worth, TX 70106, 517- 4043O0 ENO. 4PPE PROPOSED 10" PIPELINE HORIZONTAL DIRECTIONAL DRILL MARY BROWNIH CITY OF FORT WORTH TARRANT COUNTY TEXAS %GLri 1-5O• a14Ye Nt o• awll•+l IM 7113 PMU DOI r•01. KDM DIG. N PIJOYAL TX—TARR—MABR-030.00 HDD REV.5 EXHIBIT "C" [INSERT TRAIL AND SIDEWALK PLANS] Texas Midstream Gas Services, L L C Pipeline License Agreement- Anderson Campbell Park Page 25 of 26 TX-TARR-MABR-030.00 NOTE: CONTROL JOINTS SHALL BE SPACED AS FOLLOWS. 6'WALK —6'O.C. 8' WALK = 8' O.C. 10' WALK.y 10' U.C. a 1 1/4" x 1" DEEP CONTROL JOINT 3 REBAR @ 18" O.C.B.W. =TIT= l!={!!—��Ti—{ 1" MAX. SAND USHION COMPACTED SUBGRADE COMPACT TO 95%J STANDARD PROCTOR DENSITY AT t.2% OPTLMIUM MOISTURE CONTENT AS PER ASTM D 698 CONCRETE PAVING WITH CONTROL JOINT N.T.S. f3 REBAR 4c._.. 18" O.C.B.W. \ \ \ 45 SMOOTH REBAR - 8' O.C. PAINT WITH ASP •. TIC COMPOUND /4" REDWOOD EXP SION JOINT 7"—.741I aIIT =i!� 11"llli'II'r—II{—II=l!I—j=II—II Il� =111�C I 1'-0" I.-o" COMPACTED SUBGRADE COMPACT TO 95% STANDARD PROCTOR DENSITY AT 2% OPTIMIUM MOISTURE CONTENT AS PER ASTM D 698 NOTE: CONTROL JOINTS SHALL BE SPACED AS FOLLOWS: 6' WALK 36' O.C. 8' WALK = 40' O.C. 10' WALK R 40' O.C. AND CHANGE IN DIRECTION EXPANSION JOINT N.T.S. %" REDWOOD EXPANSION JOINT, BREAKER TAPE ON TOP. CRT JP FORT NORM TTYAS PARKS AND COMMUNITY SERVICES DEPT CONT ,OL / EXPANSION JOINT DETAILS SCALE: N.T.S. FILE NO. 000 SECTION 03300 — CAST -IN -PLACE CONCRETE PART 1- GENERAL 1.01 SCOPE OF WORK A. Concrete Sidewalk B. Concrete Handicap Ramps C. Shelter / Bench / Picnic Table Slabs D. Playground Edging E. Concrete Walls and Footings F. Related work elsewhere: Section 07920 — Joint Sealants 1.02 QUALITY ASSURANCE Reference Specifications' The work under this division of the Specifications shall conform generally to the requirements of Item 314 - "Concrete Pavement", Item 406 - "Concrete for Structures", and Item 410 "Concrete Structures' of the City of Fort Worth's Standard Specifications for Street and Storm Drain Construction. PART 2 - MATERIALS 2.01 FORMS Forms shall be of ample strength, adequately braced, joined neatly and tightly and set exactly to established line and grade. 2.02 REINFORCING MATERIALS Reinforcing Bars. Reinforcing bars shall be round deformed bars meeting the requirements of the current standard Specifications for Intermediate Grade Billet Steel Concrete Reinforcing Bars of the A S.T.M Designation A-615. Reinforcing bars at the time the concrete is placed shall be free from rust, scale or other coatings that will destroy or reduce the bond. General reinforcing bars shall be number three bars spaced eighteen inches (18') on center in walks and twelve inch (12") on center in slabs as shown on Plans. 2.03 CONCRETE MATERIALS A. Cement: Portland cement shall meet the requirements ofA.S.T.M. Specifications Designation C-150 and shall be Type 1. Aggregates: Concrete aggregates shall consist of gravel or crushed stone and shall be free from any excess amount of salt, alkali, vegetative matter or other objectionable materials. The aggregate shall be well graded from fine to course and the maximum size shall be one inch (I' ). Fine aggregate shall conform to ASTM C33. C. Water: Water used in mixing concrete shall be dean and free from deleterious amounts of acids, alkalies, vegetative matter or organic material. The concrete CAST-rN-PLACE CONCRETE 03300 shall be mixed in an approved batch mixer. The mixing time shall not be less than one (1) minute after all the batch materials are in the mixer. Cement content shall be not less than five (5) sacks per cubic yard of concrete and shall have a minimum twenty eight day (28) compressive strength of 3,000 psi. D. Mixing: Transit mixed concrete shall meet all the requirements for concrete as specified above. Sufficient transit mix equipment shall be assigned exclusively to the project as required for continuous pours at regular intervals without stopping or interrupting. Concrete shall not be placed on the job after a penod of one and one half hours (1-1/2) after the cement has been placed in the mixer. 2.04 RELATED MATERIAL A. Expansion Joint Filler: Expansion joint material shall be one inch clear heart redwood with cap and paved cross section as shown on the plans Dowels: Dowels for expansion joints shall be number four smooth round steel bars with expansion tubes as shown on Plans. Dowels shall be placed eighteen inches on center or as shown on Plans. C. Curing Compound: The membranous curing compound shall comply with the requirements of A S.T.M., Designation C-309, Type 2, white pigmented. D. PVC Sleeves: The Developer/Contractor shall furnish and install four inch (4") Class 200 PVC pipe sleeves under concrete walk as shown on plans and details. E. Caulking and Sealants — See Section 07920-Joint Sealants 2.05 CONCRETE MIX DESIGN AND CONTROL A. Mix Design: The concrete shall contain not less than five (5) sacks of cement per cubic yard. Total water shall not exceed seven gallons per sack of cement. The mix shall be uniform and workable. The amount of course aggregate (dry -loose volume) shall not be more than eighty five percent (85%) per cubic yard of concrete. The nct amount of water will be the amount added at the mixer plus the free water in the aggregate or minus the amount of water needed to compensate for absorption by the aggregates. Free water or absorption determinations will be based on the condition of the aggregates at the time used. The absorption test will ne based on a thirty minute (30) absorption period. No water allowance will he made for evaporation after batching. Slump. When gauged by the standard slump test the settlement of the concrete shall not be Less than three inches (3") nor more than five inches (5), unless othLnvise indicated. CAST -IN -PLACE CONCRETE 03300 2- Quality: The concrete shall be designed for a minimum compressive strength of 3,000 pounds per square inch at the age of twenty-eight (28) days using a five (5) sack mix. D. Control -Submittal: Within a period of not less than ten days prior to the start of concrete operations, the Developer/Contractor shall submit to the City a design of the concrete mix proposed to be used together with samples of all materials to be incorporated into the mix and a full description of the source of supply of each material component. The design of the concrete mix shall conform with the provisions and limitation requirements of these specifications. All material samples submitted to the City shall be sufficiently large to permit laboratory hatching for the construction of test beams to check the adequacy of the design. When the design mix has been approved by the City, there shall be no change or deviation from the proportions thereof or sources of supply except as hereinafter provided. No concrete may be placed on the job site until the mix design has been approved by the City in writing to the Developer/Contractor. PART 3 - EXECUTION 3.01 REINFORCING: Metal reinforcing shall be accurately placed in accordance with the plans and shall be adequately secured in position by concrete, metal, or plastic chairs and spacers. Bar splices shall overlap at least twelve (12") inches. The re -bars shall be bent cold. 3.02 JOINTS A. Expansion Joints* Expansion joint materials shall be installed perpendicular to the surface. The bottom edge of the material shall extend to or slightly below the bottom edge of the slab and the top edge shall be held approximately one half (1/2') inch below the surface of the slab. The edge of joints shall be tooled with an edging tool having a one half (1/2") inch radius Contraction Joints: Contraction joints shall be one quarter (1/4") inch wide by three quarter (3/4") inch deep, tooled joints placed on six foot centers unless otherwise indicated. Contraction joints will not be requ'red to be sealed. Sawed ioints may be allowed only if specifically approved by the City. Joints will be sawed as soon as saw'ng can be performed without stripping aggregate from the concrete generally w'thin twelve to twenty-four (24) hours after placement, and they shall be completed before uncontrolled cracking of the pavement takes place. C. Construction Joints: Construction joints shall be installed in all concrete work at the locations shown on the plans. Construction joints formed at the close of each day's work shall be located at any of the control Joints designated on the Plans. Joints may be constructed by use ofwood or preformed metal bulkheads set true to the section of the finished concrete and cleaned and oiled. Surplus concrete on the subgrade shall be removed before resuming concreting operations. CAS F-IN-PLACE CONCRETE 03300 3.03 PLACING CONCRETE: Placement of Concrete: The concrete shall be rapidly deposited on the subgrade immediately after mixing is completed. Subgrade and forms shall be dampened prior to placement of the concrete. The concrete shall be transported, placed and spread in such a manner as to prevent segregation of the aggregate or an excess amount of water and fine materials to be brought to the surface. No concrete shall be placed when the air temperature is less than forty degrees Fahrenheit nor when the temperature of the concrete is eighty-five degrees Fahrenheit or higher, without approval by the City. Placement shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the space between the bars. No concrete that has partially hardened or that has been contaminated by foreign material shall be deposited in the work nor shall retempered concrete be used. Each section of pavement between expansion and construction joints shall be placed monolithically. All concrete shall be thoroughly compacted by suitable means during the operation of placing and shall be thoroughly worked around reinforcement and embedded fixtures and into the corners of the forms Special care shall be taken to prevent voids and honeycombing. The concrete shall then be struck off and bull -floated to the grade shown on the plans before bleed water has an opportunity to collect on the surface. 3.04 FINISHING: All concrete shall be finished by experienced, qualified concrete finishers. All concrete shall have a neat, rounded edge. Edging and jointing (radius described on plans) shall be accomplished with care so as not to leave deep impressions in the concrete surface adjacent to edges and joints. After the concrete has been floated and has set sufficiently to support the weight of cement finishers, a smooth steel trowel will be used to produce hard surface The entire surface will then be brushed with a stiff bristle broom to produce a uniform textured finish. All edges and sides of concrete exposed to view shall be free of warp and blemishes with a uniform texture and smoothness as described in plans. 3.05 CURING: Curing Compound. Immediately after the finishing operations, the concrete shall be completely covered with a curing compound. The concrete surface shall be kept moist between finishing operations and the application of the curing compound. The cunng compound shall be applied under pressure by means of a spray nozzle at a rate not to exceed two hundred (200) square feet per gallon. A minimum of seventy two (72) hours curing time will be required. 3.06 CONCRETE WALLS A. Placing Concrete I . Where tremies are used, or where the free drop is five (5) feet or more, and through reinforcement, use a dumping box or board, moving the concrete therefrom by shovels or hoes 2. Deposit concrete so that the surface is kept level throughout, a minimiun being permitted to flow from one position to another, and place as rapidly as practicable after mixing. CAST -IN -PLACE CONCRETE 03300 3. Do not use in this work any concrete not placed within thirty (30) minutes after leaving the mixer. 4. Thoroughly work concrete around reinforcement and embedded fixtures, and into comers of forms, during placing operations. 5. Completely compact with tamping poles and by tapping forms until the concrete is thoroughly compact and without voids. Determine the number of tampers needed by the amount and method of placing concrete. 6. Exercise care to tamp concrete vigorously and thoroughly to obtain maximum density. 7. Use manual tampers as well as mechanical vibrators. a. Exercise care to direct the quick handling of vibrators from one position to another. b. Do not over -vibrate concrete. c. Do not move concrete by use of vibrator. Finishing 1. All formed surfaces exposed to view shall have a medium broom finish. 3.07 PROTECTION After concrete is placed finished and cured as required, permit no traffic thereon for three days thereafter and further protect the surface from damage due to other causes. END OF SECTION CAST -IN -PLACE CONCRETE 03300 -5- 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. PART 2 - 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, shell be used insofar as practicable as unclassified fill. Properly deposited, conditioned, end 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. Minoi 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 plecement 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. 2.03 TOPSOIL On -Site .fopsoil: Topsoil shall consist of an average depth of six inches of native surface soil left in place atter the ground cover of herbaceous vegetation and other objectionable matter has hcen cleared by "beading " as specified in Section 02200, "Site Preparation.' Topsoil may be greater or less than the upper six Inches (6") in depth. FAR t UWORK 02300 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. The Developer/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 fot imported fill will be due the Contractor. A sample of the proposed imported fill must be provided by the Developer/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 Owner may also require the Contractor to provided 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 to be used as finish grade top dressing 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 unclecayed vegetation 3. Hardpan clay, heavy clay, or clay balls 1. Rubbish 5. Construction nibble 6. Sand or gravel 7. Rocks greater than one half inch (I/2") diameter R. Cemcntious matter 9. Foreign matter of any kind B, Unsuitable materials will be disposed of as waste" as specified in Section U)200. C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of high moisture content, the Owner may grant the Developer/Contractor permission t process the material to reduce the moisture content to a usable optimum condition. EAR rtt:VORK ono() 1 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. Removal: Topsoil shall be stripped to an average depth of six inches 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 Owner. 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. 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 w ill be replaced over all areas of earthwork (including slopes), except where pavement is planned. 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, tractor box blade light maintainer, or other acceptable machinery. All particles of the finish grade shall be reduced to less than one half inch (1-1/2") in diameter or they shall be removed. All rocks of ont inch or greater shall also be removed. Grading operations and equipment will be such that topsoil dots not become overcompacted. 13uildozer blades trd front-end loader buckets are not acceptahlc devices for topsoil Lra-ting operations Final grading within five feet of constructed or installed elements shall be hand raked Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in plane,, even in gradient (slope), unifotni in surface texture, and of normal compaction. Areas of loose granular pockets or of overcompacted soils arc not acceptable and will be reworked. Finished areas will promote surface drainage and will be ready for turfgrass planting. EARTHWORK tl_300 -3- 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. Surplus Material. i. 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 Excavation in Rock: The use of explosives will not be petiuitted. Unless otherwise indicated on the plans excavation in solid rock shall extend six inches 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 the drawings. After completion of the graded area, embankment shall be continuously maintained to its finished section and grade until the project is accepted. 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 he placed The subgrade shall be proof rolled to detect soft spots which if exist should be reworked_ Proof rolling shall be perfouued using a heavy pneumatc tired roller, loaded dump truck, or similar piece of equipment weighing approximately 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 Wading or other methods, and, where EARTIIWORK 02300 E. indicated on the plans or required by the Owner, the ground surface, thus prepared, shall be compacted by sprinkling and rolling. 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 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. 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 Developer/Contractor to key the fill material to the existing slopes by benching. A minimum of two feet nomlal 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 inches (8") 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 the Owner Hand -directed compaction equipment shall be used in areas inaccessible to vehicular compactors. 1. 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. DENSITY CONTROL A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a minimum of ninety percent (90%)of Standard Density ASTNI D698 with plus four percent (4%) or minus two percentage (2%) points of optimum moisture content. Earth Embankment Under Structures and Pavement: The top six inches (6") of natural earth comprising the subgrade for structur d slabs or for areas of pavement shall be ninety five percent (95%) to ninety eight percent (98%) of Standard Density ASTMI EARTI!WORK 02300 - 5 • D698 with the moisture content at minus two percent (2%) to plus four percent (4%) of optimum 3,06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all emb unkmcnts that are to function as subgrade for structures, areas of pavement, or for select embankment. After completion of the embankment, the Developer/Contractor shall prevent excessive Toss 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 recompactcd prior to placement of the structure, select fill or pavement. If desired the Developer/Contractor may place an asphalt membrane of emulsified or cutback asphalt over the completed embankment and thus eliminate the sprinkling requirement. 3,08 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. END OF SECTION EXHIBIT "D" [INSERT SOIL - CONCRETE - SEEDING] Texas Midstream Gas Services, L.L.C. Pipeline License Agreement- Anderson Campbell Park Page 26 of 26 TX-TARR-MABR-030.00 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 PART 2 - PRODUCTS • • 2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation, unless separately designated, wtthm 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. 2.03 TOPSOIL - On -Site Topsoil: Topsoil shall consist of an average depth of six inches 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. EARTHWORK 02300 -1- • • sve ogorti solva agftl 2.05 SELECT MATERIALS 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 Developer/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 Developer/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 Owner may also require the Contractor to provided a material analysis test of the proposed fill. v/►1 at Us t t tJ 2 -. 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 to be used as finish grade top dressing 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 greater than one half inch (1/2") diameter 8. Cementious matter 9. Foreign matter of any kind 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 Owner may grant the Developer/Contractor peuuuission to process the material to reduce the moisture content to a usable optimum condition EARTHWORK 02300 -2- 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 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 Owner 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. 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. 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, tractor box blade, light maintainer, or other acceptable machinery. All particles of the finish grade shall be reduced to less than one half inch (1-1/2") 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. EARTHWORK 02300 -3- roue • 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 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 m 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 Generals Except as otherwise required by the plans, all embanlment 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 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 pneumatc tired roller, loaded dump truck, or similar piece of equipment weighing approximately 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 EARTHWORK 02300 -4- SECTION 02830 - 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 wnting, 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 • 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 is complete. SECTION 02930 - SEEDING • 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 Developer/Contractor who plants the seeds is responsible for daily supervision of his crew, and for the planting the seed and maintaining the 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 determined only by the City at the time of planting. The Developer/Contractor shall notify the City of difficulties locating certain species. Only those areas indicated on the plansand areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. • Weed seed shall not exceed 10 percent 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 Purity Germination 25 Bermuda (unhulled) Cynodon dactylon 85% 90% 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/Acte Common Name Botanical Name SECTION 02930 - SEEDING -2- • 16 Green Sprangletop 40 Sideoats Grama* 64 Little Bluestem* 200 Buffalograss 40 Indian Grass* 16 Big Top Lovegrass* 16 Weeping Lovegrass 80 • Canada Wild Rye* Leptochloa dubia Bouteloua curtipendula Schizachyrium scoparium Buchloe dactyloides Sorghastrum avenaceum Eragrostis hirsuta Eragrostis curvula Elymus canadensis var. canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three 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 10 20 50 10 10 20 10 3 10 10 Common Name Foxglove* Lanceleaf Coreopsis Bluebonnet Pink Evening Primrose Purple Coneflower* Indian Blanket Mexican Hat Maximilhan Sunflower* Winecup Lemon Mint* Botanical Name Penstemon cobaea Coreopsis lanceolata Lupinus texensis • Oenothera speciosa Echinacea purpurea Gaillardia pulchella Ratibida columnaris Helianthus nzaximiliana Callirhoe involucrata Monarda citriodora *These wildflowers are not to be planted within ten feet of a road or parking lot within three feet of a walkway. 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 shouldcontain no more than ten (10) percent moisture, air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. SECTION 02930 - SEEDING 3- • • 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 — one hundred (100) pounds of Nitrogen per acre. c. Where applying fertilizer on established seeding areas — one hundred fifty (150) pounds of Nitrogen per acre. D. Water Shall be furnished by the Developer/Contractor by means of temporary metering / irrigation, water truck or by any other method necessary to achieve a viable, acceptable stand of turf as noted in 3.04.B.2. 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 for approximately two to three weeks or until project is accepted by the City. E 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 1" 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. • SECTION 02930 - SEEDING -4- 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. Tilling 1. In all compacted areas till one (1) inch 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 inch (1/2") inside "drip line" of trees. C. 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 inch, remove grass clippings, so seed can make contact with the soil. Mechanically Seeding (Dulling): 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 vaneties 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 (1/4') inch to three eighths (3/8') inch 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 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. SECTION 02930 - SEEDING -5- SECTION 03300 - CAST -IN -PLACE CONCRETE PART 1 - GENERAL 1.01 SCOPE OF WORK ' A. Concrete Sidewalk B. Concrete Handicap Ramps C. Shelter / Bench / Picnic Table Slabs D. Playground Edging E. Concrete Walls and Footings F. Related work elsewhere Section 07920 — Joint Sealants 1.02 QUALITY ASSURANCE Reference Specifications The work under this division of the Specifications shall conform generally to the requirements of Item 314 - "Concrete Pavement", Item 406 - "Concrete for Structures', and Item 410 — 'Concrete Structures" of the City of Fort Worth's Standard Specifications for Street and Storm Dram Construction PART 2 - MATERIALS 2.01 FORMS Forms shall be of ample strength, adequately braced, joined neatly and tightly and set exactly to established line and grade. 2.02 REINFORCING MATERIALS Reinforcing Bars. Reinforcing bars shall be round deformed bars meeting the requirements of the current standard Specifications for Intermediate Grade Billet Steel Concrete Reinforcing Bars of the A S.T.M. Designation A-615. Reinforcing bars at the time the concrete is placed shall be free from rust, scale or other coatings that will destroy or reduce the bond. General reinforcing bars shall be number three bars spaced eighteen inches (18") on center in walks and twelve inch (12") on center in slabs as shown on Plans. 2.03 CONCRETE MATERIALS A. Cement: Portland cement shall meet the requirements of A.S.T.M. Specifications Designation C-150 and shall be Type 1. Aggregates: Concrete aggregates shall consist of gravel or crushed stone and shall be free from any excess amount of salt alkali, vegetative matter or other objectionable materials. The aggregate shall be well graded from fine to course and the maximum size shall be one inch (1' ). Fine aggregate shall .conform to ASTM C33. C. Water: Water used 1n mixing concrete shall be clean and free from deleterious amounts of acids, alkalies, vegetative matter or organic material. The -concrete CAST -IN -PLACE CONCRETE 03300 1- • shall be mixed in an approved batch mixer. The mixing time shall not be less than one (1) minute after all the batch materials are in the mixer. Cement content shall be not less than five (5) sacks per cubic yard of concrete and shall havea minimum twenty eight day (28) compressive strength of 3,000 psi. D Mixing: Transit mixed concrete shall meet all the requirements for concrete as specified above Sufficient transit mix equipment shall be assigned exclusively to the project as required for continuous pours at regular intervals without stopping or interrupting. Concrete shall not be placed on the job after a penod of one and one half hours (1-1/2) after the cement has been placed in the mixer. 2.04 RELATED MATERIAL A. Expansion Joint Filler: Expansion joint material shall be one inch clear heart redwood with cap and paved cross section as shown on the plans B. Dowels: Dowels for expansion joints shall be number four smooth round steel bars with expansion tubes as shown on Plans. Dowels shall be placed eighteen inches on center or as shown on Plans. C. Curing Compound: The membranous curing compound shall comply with the requirements of A.S.T.M., Designation C-309, Type 2, white pigmented. D. PVC Sleeves: The Developer/Contractor shall furnish and install four inch (4") Class 200 PVC pipe sleeves under concrete walk as shown on plans and details • E Caulking and Sealants — See Section 07920-Joint Sealants 2.05 CONCRETE MIX DESIGN AND CONTROL A. Mix Design.. The concrete shall contain not less than five (5) sacks of cement per cubic yard. Total water shall not exceed seven gallons per sack of cement. The mix shall be uniform and workable. The amount of course aggregate (dry -loose volume) shall not be more than eighty five percent (85%) per cubic yard of concrete. The net amount of water will be the amount added at the mixer plus the free water in the aggregate or minus the amount of water needed to compensate for absorption by the aggregates. Free water or absorption determinations will be based on the condition of the aggregates at the time used. The absorption test will be based on a thirty minute (30) absorption penod. No water allowance will be made for evaporation after batching. Slump: When gauged by the standard slump test the settlement of the concrete shall not be less than three inches (3") nor more than five inches (5), unless otherwise indicated. CAST -IN -PLACE CONCRETE 03300 -2- c 9 Quality: The concrete shall be designed for a minimum compressive strength of 3,000 pounds per square inch at the age of twenty-eight (28) days using a five (5) sack mix. D Control -Submittal: Within a period of not less than ten days prior to the start of concrete operations, the Developer/Contractor shall submit to the City a design of the concrete mix proposed to be used together with samples of all materials to be incorporated into the mix and a full description of the source of supply of each material component. The design of the concrete mix shall conform with the provisions and limitation requirements of these specifications. All material samples submitted to the City shall be sufficiently large to permit laboratory botching for the construction of test beams to check the adequacy of the design. When the design mix has been approved by the City there shall be no change or deviation from the proportions thereof or sources of supply except as. hereinafter provided. No concrete may be placed on the job site until the mix design has been approved by the City in writing to the Developer/Contractor. PART 3 - EXECUTION 3.01 REINFORCING: Metal reinforcing shall be accurately placed in accordance with the plans and shall be adequately secured in position by concrete, metal, or plastic chairs and spacers. Bar splices shall overlap at least twelve (12") inches. The re -bars shall be bent cold. 3.02 JOINTS A. Expansion Joints: Expansion joint materials shall be installed perpendicular to the surface. The bottom edge of the material shall extend to or slightly below the bottom edge of the slab and the top edge shall be held approximately one half (1/2") inch below the surface of the slab. The edge of joints shall be tooled with an edging tool having a one half (1/2' ) inch radius. B. Contraction Joints: Contraction joints shall be one quarter (1/4") inch wide by three quarter (3/4") inch deep, tooled joints placed on six foot centers unless otherwise indicated. Contraction joints will not be required to be sealed. Sawed lomts may be allowed only if specifically approved by the City. Joints will be sawed as soon as sawing can be performed without stripping aggregate from the concrete generally within twelve to twenty-four (24) hours after placement, and they shall be completed before uncontrolled cracking of the pavement takes place. Construction Joints: Construction joints shall be installed in all concrete work at the locations shown on the plans. Construction joints formed at the close of each day's work shall be located at any of the control joints designated on the Plans. Joints may be constructed by use of wood or preformed metal bulkheads set true to the section of the finished concrete and cleaned and oiled. Surplus concrete on the subgrade shall be removed before resuming concreting operations. CAST -IN -PLACE CONCRETE 03300 -3- • • 3.03 PLACING CONCRETE* Placement of Concrete: The concrete shall be rapidly deposited on the subgrade immediately after mixing is completed Subgrade and forms shall be dampened prior to placement of the concrete. The concrete shall be transported, placed and spread in such a manner as to prevent segregation of the aggregate or an excess amount of water and fine materials to be brought to the surface. No concrete shall be placed when the air temperature is less than forty degrees Fahrenheit nor when the temperature of the concrete is eighty-five degrees Fahrenheit or higher, without approval by the City. Placement shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the space between the bars. No concrete that has partially hardened or that has been contaminated by foreign material shall be deposited in the work nor shall retempered concrete be used. Each section of pavement between expansion and construction joints shall be placed monolithically. All concrete shall be thoroughly compacted by suitable means during the operation of placing and shall be thoroughly worked around reinforcement and embedded fixtures and into the comers of the forms Special care shall be taken to prevent voids and honeycombing. The concrete shall then be struck off and bull -floated to the grade shown on the plans before bleed water has an opportunity to collect on the surface. 3.04 FINISHING: All concrete shall be finished by experienced, qualified concrete finishers. All concrete shall have a neat, rounded edge. Edging and jointing (radius described on plans) shall be accomplished with care so as not to leave deep impressions in the concrete surface adjacent to edges and joints. After the concrete has been floated and has set sufficiently to support the weight of cement finishers, a smooth steel trowel will be used to produce hard surface. The entire surface will then be brushed with a stiff bustle broom to produce a uniform textured finish. All edges and sides of concrete exposed to view shall be free of warp and blemishes with a uniform texture and smoothness as described in plans. 3.05 CURING: Curing Compound: Immediately after the finishing operations, the concrete shall be completely covered with a curing compound. The concrete surface shall be kept moist between finishing operations and the application of the curing compound. The cunng compound shall be applied under pressure by means of a spray nozzle at a rate not to exceed two hundred (200) square feet per gallon. A minimum of seventy two (72) hours curing time will be required. 3.06 CONCRETE WALLS A. Placing Concrete 1 Where tremies are used, or where the free drop is five (5) feet or more, and through reinforcement, use a dumping box or board, moving the concrete therefrom by shovels or hoes 2. Deposit concrete so that the surface is kept level throughout, a minim being permitted to flow from one position to another, and place as rain as practicable after mixing. CAST -IN -PLACE CONCRETE 03300 -4- siffM 4rOse ecset • 3. Do not use in this work any concrete not placed within thirty (30) minutes after leaving the mixer. 4. Thoroughly work concrete around reinforcement and embedded fixtures, and into corners of forms, during placing operations. 5. Completely compact with tamping poles and by tapping forms until the concrete is thoroughly compact and without voids. Determine the number of tampers needed by the amount and method of placing concrete. 6. Exercise care to tamp concrete vigorously and thoroughly to obtain maximum density. 7. Use manual tampers as well as mechanical vibrators. a. Exercise care to direct the quick handling of vibrators from one position to another. . b. Do not over -vibrate concrete. c. Do not move concrete by use of vibrator. B. Finishing 1. All formed surfaces exposed to view shall have a medium broom finish. 3.07 PROTECTION After concrete is placed finished and cured as required, permit no traffic thereon for three days thereafter and further protect the surface from damage due to other causes. END OF SECTION CAST -IN -PLACE CONCRETE 03300 -5- • 12' OF TABLE 5" THICK CONC. SLAB 17.tittitt-ttittLttlfintitt_t_i_t itill LLLLLLLLLLLLLLLL.). LLLLLLLLLLLLLLLLLLLLL tilitiiiiitititlitiitt LLLLLLLLLLLLLLLLLLLLLI LI-1-1-1..!-LLLLI_I-LLLLLI-LLI...1. LLLLLLLLLLLLLLLLLLLLLL LLLLLLI-LLL4LLLLI-LLI-LLt, CONTROL JOINTS AT MIDPOINT OF SLAB 6' TABLE SLAB N.T.S. CITY OF FORT WORTH, TEXAS PARKS AND COMMUNITY SERVICES DEPT. 6' TABLE SLAB SCALE: N.T.S. FILE NO. 000 BENCH 5" THICK CONCRETE SLAB EXPANSION JO WALK 6" 6'-0" BENCH SECTION N.T.S. 5'-0" Mitgageatiagg FINISHED GRADE BENCH "ACCESSIBLE SPACE" 5" THICK CONCRETE SLAB CONTROL JOINT AT MIDPOINT -EXPANSION JOINT • WALK BENCH LAYOUT N.T.S. CITY OY PORT AORTH, TBYAS PARKS AND COMMUNITY SERVICES DEPT. City of Fort Worth, Texas Mayor and Council Communication COUNC L ACTION: Approved on 8/17/2010 DATE Tuesday, August 17, 2010 LOG NAME: 80ANDERSON CAMPBELL PARK GAS PIPELINE SUBJECT: Conduct a Public Hearing and Authorize the Use of a Portion of the Subsurface of Anderson Campbell Park for the Purpose of Installing a Ten Inch Natural Gas Pipeline and Authorize the Execution of a License Agreement with Texas Midstream Gas Services LLC, in the Amount of $44,475.15 (COUNCIL DISTRICT 7) REFERENCE NO.: L-15041 RECOMMENDATION: It is recommended that the City Council: 1 Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; 2 Find that no feasible or prudent alternative exists for the use of Anderson Campbell Park for the location of the proposed natural gas pipeline; 3. Find that the proposed natural gas pipeline includes all reasonable planning to minimize harm to the parkland and including that the pipeline will be constructed in Anderson Campbell Park as specified on the attached exhibits and as noted in the discussion below; 4. Close the public hearing and authorize the City Manager to approve the use of approximately 0.44 acres of dedicated parkland of Anderson Campbell Park for the installation of a ten inch natural gas pipeline; and 5. Authorize the execution of a License Agreement with Texas Midstream Gas Services LLC, in the amount of $44,475.15. • Anderson Campbell Park - is located at 4141 Ohio Garden Road, Mapsco 61 L & Q, south and east of Ohio Garden Road and just north and west of Rockwood Golf Course in COUNCIL DISTRICT 7. DISCUSSION: The Parks and Community Services Department (PACSD) has been approached by Texas Midstream Gas Services LLC (TMGS) to request the approval for the installation of a natural gas pipeline in Anderson Campbell Park. The natural gas pipeline will be transporting gas from the Papa John Gas Well Pad Site to Mary Brown Gas Well Pad Site The proposed alignment would allow for a 10 inch natural gas pipeline beneath Anderson Campbell Park. The proposed pipeline will parallel the Ohio Garden Road right-of-way and a utility easement along the frontage of Anderson Campbell Park. The location of the pipeline alignment was chosen because the location: 1) minimizes impact to the park; 2) the location is adjacent to other utilities and right-of-way; and 3) the pipeline location takes into consideration the Anderson Campbell Park Master Plan. TMGS has agreed to maintain a minimum depth Logname: 80ANDERSON CAMPBELL PARK GAS PIPELINE Page 1 of 3 of four feet measured from the top of the pipe for the open trenched area and a minimum of ten feet for the bore areas. Staff is recommending as a condition of granting this alignment, that TMGS be assessed the recommended standard fee of $46.75 per linear foot of pipeline. This is consistent with fees assessed under the City's current Right -of -Way Use Agreements for installation of non -utility equipment, appliances or appurtenances in the public right-of-way. In this instance, a fee of approximately $44,475.15 will be assessed for approximately 951.34 linear feet of pipeline. TMGS has been made aware of this fee and is agreeable to the assessment. The funds generated from the assessment will be distributed in accordance with the City's Financial Management Guidelines, Gas Well Revenue Policy. A license agreement will be required. Additionally, TMGS has agreed to construct approximately 905 linear feet of sidewalk and trail outlined in the Anderson Campbell Park Master Plan as part of the license agreement. On June 23, 2010, the Parks and Community Services Advisory Board endorsed staffs recommendation that the City Council authorize the use of parkland at Anderson Campbell Park for the installation of a natural gas pipeline upon finding that no feasible or prudent alternative exists for the location of the proposed pipeline and that the proposed pipeline includes all reasonable planning to minimize harm to the parkland. In accordance with State law, the public notice was advertised in the Fort Worth Star -Telegram on July 19, 2010, July 26, 2010, and August 3 2010. An exhibit map was available for public review for 30 days at the PACSD administrative offices located at 4200 South Freeway, Suite 2200. A letter announcing the proposed use was sent to the president of the Brookside Neighborhood Association on July 16, 2010 Signage was posted at the site noting the proposed use and providing instructions for directing comments to the Parks and Community Services Department Staff will note any public comment received during the public hearing Report of City Staff. Anderson Campbell Park is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that the Parks and Community Services Department is responsible for the collection and deposit of funds due to the City. FUND CENTERS: TO Fund/Account/Centers GC 10 446300 006060001000 T127 446300 006127099901 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers $22,237.58 $22,237.57 Charles Daniels (6183) Richard Zavala (5704) David Creek (5744) ATTACHMENTS 1. Accounting Info for GC10.PDF (CFW Internal) 2. Accounting records M&C80ANDERSON CAMPBELL PARK GAS PIPELINE.pdf (CFW Internal) Logname: 80ANDERSON CAMPBELL PARK GAS PIPELINE Page 2 of 3 3. MAYOR AND COUNCIL COMMUNICATION a transpor.doc (Public) 4. MAYOR AND COUNCIL COMMUNICATION areial doc (Public) 5. MAYOR AND COUNCIL COMMUNICATION survey.doc (Public) Logname: 80ANDERSON CAMPBELL PARK GAS PIPELIN E Page 3 of 3 Approximate location of the natural gas pipeline