HomeMy WebLinkAboutContract 41309CITY SECRETARY 4-1-
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CONTRACTNO.
SALTWATER PIPELINE LICENSE AGREEMENT
Gateway Park Saltwater Pipeline
This SALTWATER 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 CHESAPEAKE
OPERATING INC., ("Company"), an Oklahoma corporation, acting by and through Julie H.
Wilson, Vice President, Urban Development.
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 four inch (4") nominal diameter pipeline for an
approximate total distance of 967.02 feet within a variable width right of way corridor for the
transportation of Saltwater through a public park known as Gateway Park. 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 public
park.
B. The City has reviewed Company's request and agrees to grant Company a license
to use a portion of the subsurface of Gateway Park as set out in Exhibit "A" in order to construct,
operate and maintain a pipeline, on the terms and conditions set forth herein, solely for the
transportation of Saltwater 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 a portion of
a public park known as Gateway Park in the location as set out in Exhibit "A" for
(i) the construction, installation, maintenance and repair of Comany�'s Pipeline;
(ii) the use of such Pipeline for the transportation of Saltwater;
Saltwater Pipeline License Agreement Gateway Park
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id iii any other
OFFICIAL RECORD
CITY SECRETARY
FT.� WORTH, TX
)I I,1
directly related uses of the Park, pursuant to and in accordance with this
Agreement.
Company shall mean Chesapeake Operating, Inc., an Oklahoma 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.
Park shall mean only that portion of the dedicated Gateway public park as identified in
Exhibit "A" of this Agreement, attached hereto and hereby made a part of this
Agreement for all purposes.
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 foun or business entity or association
Pipeline shall mean that certain four (4) inch nominal diameter High Density
Polyethylene Pipe (HDPE11) pipeline for an approximate total distance of 967.02
feet and other facilities approved by the Director that are installed by Company in
the Park in accordance with this Agreement and pursuant to the rules and
regulations of the Texas Railroad Commission.
Saltwater shall mean materials to be disposed of or reclaimed which have been
generated in connection with activities associated with the exploration,
development and production of oil or Saltwater or geothermal resources, as those
activities are defined in the Texas Administrative Code, Title 16, Section
3.8(a)(30), and materials to be disposed of or reclaimed which have been
generated in connection with activities associated with the solution mining of
brine. "Saltwater" includes, but is not limited to, saltwater, other mineralized
water, sludge, spent drilling fluids cuttings, waste oil, spent completion fluids,
and other liquid, semi liquid or solid waste material. "Saltwater" also includes
waste generated in connection with activities associated with natural gas line
plants, natural gas or natural gas liquids processing plants, pressure maintenance
plants or repressurizing plants unless that waste is a hazardous waste as defined
by the administrator of the United States Environmental Protection Agency
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pursuant to the federal Solid Waste Disposal Act, as amended (42 United States
Code § 6901, et seq.).
2. GRANT OF RIGHTS.
2.1. General Use of Gateway Park for Transportation of Saltwater.
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 (i) erect, construct,
install and maintain the Pipeline over, under, along and across the Park and (ii) transport
Saltwater through the portions of its Pipeline in, under, and across the Park as depicted in
Exhibit "A'. Company hereby acknowledges and agrees that this Agreement allows only
the transportation of Saltwater through the City and does not allow Company to
distribute sell or otherwise provide Saltwater to any Customer
2.2. Nonexclusive.
This Agreement and all rights granted to Company herein are strictly
nonexclusive. The City reserves the right to enter into and 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 is 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 deteiinined by the City in the exercise of its
powers, including the police power and other powers reserved to and conferred on it by
the State of Texas.
2.3. Other Permits.
This Agreement does not relieve Company of any obligation to obtain petlntits,
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 Saltwater 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
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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, teinis and conditions of this
Agreement and (ii) full payments to all persons, firms, corporations or other entities with
whom 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
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 twenty (20) years from the
last date of notarial acknowledgement of this Agreement unless terminated earlier as provided
herein
4. FEES AND PAYMENTS TO CITY.
4.1. License 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 $44,482.92 ("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
for property taxes, license fees, permit 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.
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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 as adopted and modified by the Texas Railroad Commission and in this connection
Company shall be subject to, governed by 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 THE PARK.
6.1 Construction Schedule
6.1.1. Pre -Construction Meeting. Company shall notify the PACSD not less than
thirty (30) 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, infounation regarding the restoration of areas disturbed.
6 1.2. Construction Construction of the Pipeline may begin on the Effective
Date of this Agreement but in any event shall not begin later than February 1, 2011.
Construction of the Pipeline shall be completed on or before April 30, 2011 unless
otherwise agreed to in accordance with section 6.1.3 except that the completion deadline
will be extended, day for day, for each day that the start of Company's construction is
delayed under Section 6 1 3 below. Failure to complete construction in accordance
with the abovementioned schedule shall be deemed an Event of Default and be
subject to the terms in section 10 of this Agreement.
Company shall provide a ground cover of straw, seeding or other material
approved by PACSD if construction of the natural gas pipeline will not commence within
seven to ten days from the completion date of the saltwater pipeline installation.
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6.1.3. City Construction in Park. After the notice of commencement of
construction as indicated in 6 1 1, the City shall notify Company, not less than five (5)
business days after Company's notification, of City plans to construct on the surface of
Park that may conflict with Company construction. In order to avoid any conflict with
proposed City construction, Company agrees to delay construction for a period not to
exceed ten (10) business days, and City agrees to work with Company to coordinate
efforts for inclusion of Company's work in overlapping areas of need.
6.2. Compliance with Laws, Ordinances, Rules and Regulations.
The City has the right to control and regulate the use of the Park and other
dedicated parks, 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 permits, 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 detentnnines 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 pubhc interest to
remove or alleviate the burden
6.4. Minimal Interference.
Company will make all reasonable planning to minimize harm to the 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 to protect the existing pecan trees within
the Park. 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 The Pipeline will enter the Park from the adjacent
property owner to the east of the Park, identified on the attached Exhibit "A' as Thomas
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Dean McAfee property, Lot 1 Block 1 of the Dyer Addition and exit the Park due north
crossing First Street.
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 such time
the site is restored as outlined in this Agreement and when such restoration made by the
Company has been inspected and accepted by the Director. All boring occurring as
indicated in Exhibit "B" shall be at a minimum of eight (8) 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 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 Any equipment to be stored
in the work area must be approved by the Director or designee.
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 inches (12") 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 a manner so as to result in it being returned to the top of the ditch as
topsoil
6.4.5. Ingress and Egress. The access gates shall either remain locked at all
times or, when opened for use by Company, be manned for security purposes. Company
temporary access and turn around needs shall be agreed upon and staked during the
preconstruction meeting.
Company shall be required to provide protection of all surrounding trees prior to
and during construction of the access drive. The access drive is to be overlaid with the
installation of four (4) inches of crushed gravel. The width of the travel lane shall not
exceed twenty (20) feet, as outlined on the attached Exhibit "A". Company shall specify
work areas of construction with survey stakes, notating the centerline and boundaries of
the work areas as agreed upon at the pre -construction meeting.
6.4.6. Equipment. The area defined as a temporary construction area is to be
used workspace for equipment, storage of pipe and as a route of ingress and egress for
vehicles as shown on the construction drawings and shall be approved at the pre -
construction meeting as contemplated in Section Any equipment that may be stored on
the Park must be cleared with the Director.
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6.4.7. Equipment Travel. All equipment shall remain within the license area of
the Park. Travel outside of such designated areas shall not be permitted. All access travel
ways and easements shall be fenced in with orange mesh fencing. Such fencing shall
remain in place at all times during the construction and restoration period. Pursuant to the
terms of this Agreement, upon completion of construction, any damage from Company
activity to cable fences and ground disturbance shall be repaired or replaced in as good or
better condition than existed prior to Company construction activity in the Park.
6.4.8. Tracer Wire. The Company shall have the right to lay tracer (tracking)
wire on the Park to locate the pipeline during construction.
6.4.9. Temporary Fencing. The fencing shall be installed along the perimeter
boundaries of the bore pit area, travel ways, temporary workspace and any storage areas.
6.4.10. Vegetation Requirements. Company's reseeding and restoration
responsibility for the any and all areas which overlap between this Agreement and
No. Le\ --I? c Natural Gas Pipeline Agreement between the City and Texas Midstream Gas
Services, L.L.0 will be borne by Texas Midstream Gas Services as documented in
No. L 4 \ \ b . The Company shall provide to City a copy of such writing within
thirty (30) days of the execution of this Agreement. Failure to provide such information
may result in an Event of Default.
CSC
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6.4.11. Golf Disc Course. Company agrees to relocate Frisbee golf basket to a
location approved by the Director or designee to allow for the continual play of disc golf
during the construction of the Pipeline. Placement of construction fence for storage area
shall be adjusted from the attached Exhibit "A" to allow for continual play. An area to
allow players to cross the construction/work area to get to the eastern portion of the
course shall be determined during pre -construction meeting. A steel plate shall be
provided for crossing as needed.
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 manmade 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
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
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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 Ca11 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 procedures to minimize the hazards
resulting from an emergency. These procedures shall at a minimum provide for the
prompt and effective response to emergencies, including, but not limited to, leaks or
releases that can impact public health safety or welfare; fire or explosions at or in the
vicinity of the Pipeline, natural disaster; effective means to notify and communicate
required and pertinent information to local fire, police and public officials during an
emergency; the availability of personnel, equipment, tools and materials as necessary at
the scene of an emergency; measures to be taken to reduce public exposure to injury and
probability of accidental death or dismemberment; emergency shut down and pressure
reduction of a Pipeline; the safe restoration of service following an emergency or
incident; and follow-up incident investigation to detenine the cause of the incident and
require the implementation of corrective measures.
6.5.3. Upon the discovery of an emergency, the Company shall immediately
communicate to the City's 911 system and the Parks and Community Services
Department designee the following information:
a. A general description of the emergency;
b. The location of the emergency or incident;
c. The name and telephone number of the person reporting the
emergency;
d. Whether or not any hazardous material is involved and
identification of the hazardous material so involved; and
f. Any other information as requested by the emergency dispatcher or other
such official at the time of reporting the emergency or incident
6.6. Surface Repairs Due to Company. Activity.
After completion of the initial surface repairs due to Company activity as
provided 6.4.10 above, upon completion of any future 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
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specified in this Agreement or by the City , Company shall diligently commence such
restoration within thirty (30) calendar days following the date that Company first became
aware of the disturbance or damage or, if the Pipeline is being removed, within thirty (30)
calendar days following such removal. 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 "C". All such
planting material shall be inspected by the Director or designee prior to installation.
Company shall 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 determined by the Director or designee. Company shall
remove any and all contaminated soil from the property All soil needed 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. Surface areas to be restored shall be determined by
the 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
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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
(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.
Protection of trees and nursery plot areas shall be provided for all surrounding trees prior
to and during the construction. Orange safety fencing shall be placed on the outside drip
line of any trees affected to protect such trees from any damages occurring during
renovation.
6.8. 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
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 permitted under the terms of this Agreement.
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6.9. "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
6.10. Specifications of the Pipeline
The Company shall erect, install, construct, repair, replace and maintain the
Pipeline pursuant to this Agreement, Chapter 15 of the City Code and all other state and
federal laws. The Pipeline shall not exceed a four (4) inch nominal diameter and a right
of way width of no more than ten (10) feet throughout the entire length of the Park.
6.11. Marking of Pipeline.
The Pipeline shall be marked pursuant to the rules and regulations promulgated,
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.
6.12. 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 public 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.
6.13.1 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 Saltwater in or
through the Park. Within six (6) months following such revocation, termination or
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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 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
6.13.2. 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
perfoltned such restoration work.
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 Saltwater 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 LLABILITY 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.
Saltwater Pipeline License Agreement -Gateway Park
Page 13 of 27
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'), 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 SALTWATER 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 ACT(S) OR OMISSION(S)
OR INTENTIONAL MISCONDUCT OF THE CITY.
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 (iii) 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 OR ABOUT THE PARK.
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 REMEDIATION THAT MAY BE
REQUIRED AS A RESULT OF SUCH VIOLATION, EXCEPT TO THE EXTENT
CAUSED BY THE CITY.
Saltwater Pipeline License Agreement -Gateway Park
Page 14 of 27
7.4. Defense of Indemnitees.
In the event any action, lawsuit or other proceeding is brought against any
Indemnrtee 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.
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 Saltwater 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
• Environmental Impairment Liability/Pollution Liability:
$2,000,000 per occurrence/$5,000,000 excess or umbrella
• 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
Saltwater Pipeline License Agreement -Gateway Park
Page 15 of 27
• 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 matenal 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.
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 terms 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 teitn of this Agreement of one or more of the
following events shall constitute an "Event of Default" under this Agreement
Saltwater Pipeline License Agreement -Gateway Park
Page 16 of 27
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
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 Construct.
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 DefauMellt occurs on account of Company's failure to pay the
License Fee in accordance with Section 9.1, 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, 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
Saltwater Pipeline License Agreement -Gateway Park
Page 17 of 27
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. 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:
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 Saltwater
through or other operations in the City, including, but not limited to, filings related to (i)
Saltwater Pipeline License Agreement -Gateway Park
Page 18 of 27
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 Saltwater through or
other operations in the City.
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 Saltwater 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
Saltwater 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.
Saltwater Pipeline License Agreement -Gateway Park
Page 19 of 27
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:
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 Parks and Community Services
1000 Throckmorton
Fort Worth, TX 76102
15. NON-DISCRIMINATION COVENANT.
To COMPANY:
Chesapeake Operating, Inc.
Mr Dave Leopold
Operations Manager
100 Energy Way
Fort Worth, Texas 76102
with a copy to:
C T Corporation System
350 North St. Paul Street
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
Saltwater Pipeline License Agreement -Gateway Park
Page 20 of 27
equity, arise out of the terms of this Agreement, Company's transportation of Saltwater 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
Pipeline, Company's operations in the City, Company's transportation of Saltwater 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
Saltwater Pipeline License Agreement -Gateway Park
Page 21 of 27
B
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:
CITY OF FORT WORTH:
•
ByCUtAiL•0
Cakt5,643 /61.14QLS
sistant City Manager
Date: 1' 3/ ! I
ulie H. Wilson
CHESAPEAKE OPERATING, INC.:
(( r 4401\
Q‘1,1
Vice President, Urban Development
Date:
APPROVED AS TO FORM AND LEGALITY:
rThy
(Qt,ts,tinford
Assistant City Attorney
M&C: L 1 416))
Attested by:
Marty Hendrix, Cit. t ecretary
Saltwater Pipeline License Agreement -Gateway Park
Page 22 of 27
J
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OFFICIAL RECORD
CITY SECRETARY
F% WORTH, TX
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this ciyJA day of Wvauivy
3\)scun A-6\6 , Assistant City Manager of the City of Fort Worth, Texas, a
corporation, on behalf of the City of Fort Worth, Texas.
LINDA M. HIRRLINGER
MY COMMISSION EXPIRES
February 2, 2014
•
Saltwater Pipeline License Agreement -Gateway Park
Page 23 of 27
tietd41/4- tmfLct'‘ce
Notary Public, State of Texas
My commission expires:
20-1-O, by
municipal
rap a, a-o 14
!
My commission number:
THE STATE OF T KXAS
COUNTY OF TAR
NT
ACKNO W LE
GME
T
This instrument was acknowledged before me on this day of DCCC6(4PCe
2010, by Julie H. Wilson, Vice President — Urban Development, Chesapeake Operating, Inc., an
Oklahoma corporation, on behalf of said company.
_..� ___ r�--. ice._.
PAMELA S MASSEY
My Commission ExpiroB
August 7, 2014
,•
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Saltwater Pipeline License Agreement -Gateway Park
Page 24 of 27
exe.,‘
Notary Public, State of Texas
My commission expires:
My commission number:/AS"Wotti'3
EXHIBIT "A"
Company may only use approximately 967.02 linear feet crossing the northeastern edge of the
Park as depicted below:
Saltwater Pipeline License Agreement -Gateway Park
Page 25 of 27
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CITY OF FORT WORTH
100 ACRES
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GATEWAY PARK ADDI'T'ION
CABINET A, SLIDES 3 Qt 4, PRTCT
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DETAIL "A"
N.T.S.
NOTES:
1. THE INFORMATION DEPICTED HEREON WAS
GATHERED DURING THE PERFORMANCE OF AN
ENGINEERING SURVEY WITH THE PURPOSE OF
DETERMINING A ROUTE FOR A PROPOSED
PIPELINE.
2. BEARINGS ARE BASED ON THE TEXAS
STATE PLANE COORDINATE S"YSTiM, NORTH
CENTRAL. ZONE (NAD '83), AS DETERMINED
FROM GPS OBSERVALONS.
3. THIS SURVEY IS PRELIMINARY TO
CONSTRUCTION
THIS SURVEY SUBSTANTIALLY COMPLIES WITH
THE CURRENT TEXAS SOCIETY OF
PROFESSIONAL SURVEYORS STANDARDS AND
SPECIFICATIONS FOR CATEGORY 2, CONDITION
IV SUR1fc f -�
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Timothy J. I ePst (n_.,t, ) Dote: 10/01 /10
R,P.L S. 5640
SCAI E: 1=200'
PROJECT NO. 1380-31-0004
DRAWN BY: JDW
DATE: 04/22/09
CHECKED BY:
DATE:
PREPARED BY
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800 GESSNER, SUITE 900
HOUSTON, TX 77024
TEL: 713.464.2200
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APPROVED BY: TJH
REVISED BY: CIM
REVISED BY: LBT
DATE:
DATE:
DATE:
1011/10
01/04/10
01/26/10
REVISED BY: MET
DATE:
03/17/10
PREPARED FOR
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TITLE
PLAT OF SURVEY SHOWING
PROPOSED 4s PRODUCED WATERUNE
CROSSING THE LAND OF
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
DRAWING N0. 1380 _ 004_ 2002
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THOMAS DEAN MCAFEE:
15.42 ACRES
INST. #0205052323
LOT 1, BLOCK 1
DYER ADDITION .
CAB A, SLIDE 9778
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EXHIBIT "A"
TARRANT COUNTY, TEXAS
JOHN LYNCH SURVEY, A-942
crre OF FORT WORTH
100 ACRES
VOL. 7210 PAGE 2351, DRTCT
GATEWAY PARK ADDITION
CABINET A, SLIDES 3 do 4, PRTCT
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SHEET 2 OF 2
SCALE: 1" =1 00'
PROJECT NO: 1 380
31-0004
DRAWN BY: MET
DATE: 03/ 17/ 10
CHECKED BY:
DATE:
APPROVED BY: TJH
DATE:
10/1/10
REVISED BY:
DATE:
REVISED BY:
REVISED BY:
DATE:
DATE:
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5640
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1. THE INFORMATION DEPICTED THEREON WAS
GATHERED DURING THE PERFORMANCE OF AN
ENGINEERING SURVEY WITH THE PURPOSE OF
DETERMINING A ROUTE FOR A PROPOSED
PIPELINE.
2. BEARINGS ARE BASED ON THE TEXAS
STATE PLANE COORD'.NATE SYSTEM, NORTH
CENTRAL ZONE (HAD '83), AS DETERMINED
FROM GPS OBSERVATIONS.
3. THIS SURVEY IS PRELIMINARY TO
CONSTRUCTION.
THIS SURVEY SUBSTANTIALLY COMPUES WITH
THE CURRENT tEXAS SOCIETY OF
PROFESSIONAL SURVEYORS STANDARDS AND
SPECIFICATIONS FOR CATEGORY 2, COt omON
IV SURVEY.
.
tie
Timothy J. Hatt
R.P.LS. 5640
•
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Dote: 10/01/10
800 GESSNLR, SUITE 900
HOUSTON. TX 77624
TEL: 713.464.2200
FAX: 866.262.2295
PREPARED FOR
Chesapeake
E'E'RtGY
ILL
PLAT OF SURVEY SHOWING
PROPOSED" PRODUCED WATERUNE
CROSSING THE LAND OF
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
DRAWING NO. 1380--OO4--2002
EXHIBIT "B"
Open trench and boring areas
Saltwater Pipeline License Agreement -Gateway Park
Page 26 of 27
COL••? & STATE
TARRANT COUNTiY• TEXAS
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CO:JI;TY i VAT
TRACT NO.
OWNFR .4IP
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TARRANT COUNTY. TEXAS
(T1• TARR DYTR D02CO
CJ'lY or FORT WORTH
GATEWAY PARK
SSB?
10/C0
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510'
400'
♦70'
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CP1•100. $ 40ei NV• :L a * OK.A !(LIMP n 4. Pirtle
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FEATHERNGILL. L.LC., et al
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UND€Y;ROL'SD UTILITY A:
et: uNes TT/ THE .4114. ccallica
L'TWTY CCUPAwES FOR LD Afl3N
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DYER TO TRINITY RIVER
PLAN AND PROFILE
STA. 10+00 TO STA, 20+00
TARRANT COUNTY. TEXAS
•.•Jra Pet 13e0-31-O004
,,.. r-•a' NCR. 1.400' VCPT
C7/2a/OP
Ches pea}:e
EXHIBIT "C"
Reseeding specifications
Saltwater Pipeline License Agreement -Gateway Park
Page 27 of 27
PART
1-GENERAIL
Exhibit "C"
SECTION 02300 - EARTHWORK
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.
t.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
•
•
oMm
2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation,
unless separately designated, within the limits of the work. Unclassified excavation includes
all material encountered regardless of its nature or the manner in which it is to be excavated.
2.02 UNCLASSIFIED FILL
A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native
materials removed in unclassified excavation, or similar imported materials, shall be
used insofar as practicable as unclassified fill. Properly deposited,conditioned, and
compacted fill is hereinafter referred to as "earth embankment."
B. Rock: Minor quantities of rock not greater than four inches in greatest dimension are
permissible in fill materials used to construct earth embanlc ent. 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
%Iny
eifide
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 embanlment 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.
4f dill 0%011,5 tigvi J l4,--.
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 permission to
process the material to reduce the moisture content to a usable optimum condition.
EARTHWORK
02300
•
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. Stocicpiles 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 inay begin.
B 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.oi 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..
Esse
040
POPS
Na
CEPS
tf
i
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
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 embanlcment 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 cominencing embanlanent 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 matenals
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
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
wasting, 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
-I
•
•
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 . Punty Germination
25 Bermuda (unhulled) Cynodon dactylon
75 Bermuda (hulled) Cynodon dactylon
85%
95%
Substitute the following if planted between September 10 and April 15:
220 Rye Grass Lolium multtflorum
40 Bermuda (unhulled) Cynodon dactylon
90%
90%
•
82% 80%
84% 85%
2 Native grass seed - The seed shall be planted between February 1 and October 1
and shall consist of:
Lbs. PLS/Act 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
Bucliloe 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 on
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 maximiliana
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
4. Temporary erosion control seed
When specified on the plans, temporary control measures shall be performed.
These measures shall consist of the sowing of cool season plant seeds and the
work and materials as required in this section.
B. Mulch
1. Mulch should be designed for use with conventional mechanical or hydraulic
planting of seed, either alone or with fertilizer.
2. Mulch should be wood cellulose fiber produced from virgin wood or recycled
paper -by-products (waste products from paper mills or recycled newspaper).
3. Mulch should contain no growth or germination inhibiting factors.
4. Mulch should contain no more than ten (10) percent moisture, air dry weight basis.
5. Additives shall include a binder in powder form.
6. Material shall fouu a strong moisture retaining mat.
SECTION 02930 - SEEDING
3-
C. Fertilizer
1. All fertilizer shall be delivered in bags or containers clearly labeled showing the
analysis
2. All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area
3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate:
a. No fertilizer is required for wildflower seeding
b. Where applying fertilizer on newly established seeding areas — 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 haiinful 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 seedling application in areas up to 3:1 slope, use cellulose, fiber or recycled
paper mulch, (see.2 01, B. Mulch and 3.03).
2. For seeding application in areas 3:1 slope or greater, use the following soil
retention blanket (Follow the manufacturer's directions):
"Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624,
Arlington, Texas 76001, 1-800-777-SOIL
2.02 MIXING
Seed, mulch, fertilizer and water may be mixed provided that:
1. Mixture is uniformly suspended to form a homogenous slurry.
2. Mixture fowls 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.
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.
B. 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 vanettes
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
rollingof 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
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
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/8/2009
DATE: Tuesday, December 08, 2009
LOG NAME: 80GATEWAY SALT WATER
SUBJECT:
Conduct a Public Hearing and Authorize the Use of a Portion of the Subsurface of Gateway Park for the
Purpose of Installing a Salt Water Pipeline and Authorize the Execution of a License Agreement with
Cheapeake Inc. in the Amount of $44 557.90
REFERENCE NO.: L-14900
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 to Gateway Park for the location of the proposed salt
water pipeline;
3. Find that the proposed salt water pipeline includes all reasonable planning to minimize harm to the
parkland and including that the pipeline will be constructed in Gateway 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 0.022
acres of dedicated parkland of Gateway Park for the installation of a four inch salt water pipeline; and
5. Authorize the execution of a License Agreement with Chesapeake Operating, Inc., in the amount of
$44, 557.90.
• Gateway Park - is located at 751 Beach Street, Mapsco 64T, U, V, X, Y, & Z and 78A, B & C,
located east of Beach Street, north of 1-30 Tom Landry Highway, south of First Street and west of
Oakland Boulevard.
DISCUSSION:
The Parks and Community Services Department (PACSD) has been approached by Chesapeake
Operating, Inc , (COI) to install a salt water pipeline in Gateway Park (GP). The salt water line is part of
the Brentwood Saltwater pipeline. The proposed alignment would allow for a four -inch polyethylene salt
water line to be installed beneath the park. The proposed line will be installed in an existing 20 foot wide
pipeline easement area owned by West Fork Pipeline Company. This pipeline will be installed using a
combination of boring and trenching. No trees will be impacted by the proposed route. Attached is a map
of the alignment.
The location of the pipeline was chosen in consideration of the Gateway Park Master Plan. COI has
agreed to maintain a minimum depth of four feet measured from the top of pipe. The line is being
proposed to reduce the overall impact on local road networks by piping out salt water from the gas well
Logname: 80GATEWAY SALT WATER
Page 1 of 2
pad sites. Staff is recommending as a condition of granting this alignment that COI be assessed the
recommended standard fee of $46.00 per linear foot of pipeline. This amount is consistent with fees
assessed under the city's current right-of-way use agreement for installation of non -utility equipment,
appliances or appurtenances in public right-of-way. In this instance, a fee of approximately $44,557.90 will
be assessed for approximately 968.65 linear feet of pipeline.
COI has been made aware of this fee and is agreeable to this assessment. The funds generated from the
assessment will be distributed per the city's Financial Management Policy Statements special for Gateway
Park. The city will not execute a license agreement until all permits for crossing have been approved.
On August 26, 2009, the Parks and Community Services Advisory Board endorsed staffs
recommendation that the City Council authorize the use of parkland at Gateway Park for the installation of
a salt water pipeline upon finding that no feasible or prudent alternative exists for the location of the
proposed saltwater pipeline and that the proposed saltwater 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
November 10, 2009, November 17, 2009 and November 24, 2009. 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 West Meadowbrook Neighborhood
Association and White Lake Hills Neighborhood Association on November 6, 2009. Signage was posted at
the site noting the 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.
Gateway Park is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies 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
C282 446300 801929990100
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
$44,557.90
FROM Fund/Account/Centers
Charles Daniels (6183)
Richard Zavala (5704)
David Creek (5744)
ATTACHMENTS
1. Accounting Info.pdf (CFW Internal)
2. Gateway Park Overall Salt Water Pipeline Map.pdf (Public)
3. Gateway Salt Water Pipeline Map.pdf (Public)
Logname: 80GATEWAY SALT WATER Page 2 of 2