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HomeMy WebLinkAboutContract 41647 (2)TEMPORARY ACCESS PERMIT AND WORKSPACE LICENSE AGREEMENT FOR JEFFERSON DAVIS PARK CITY SECREy CONTRACT NO.Sn. This Temporary Access Permit and Workspace License Agreement for Jefferson Davis Park ("Permit") is made and entered into by and between the City of Fort Worth (hereinafter referred to as "City"), a home -rule municipal corporation organized under the laws of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Texas Midstream Gas Services, L.L.C., (hereinafter referred to as "Company"), an Oklahoma limited liability company, acting by and through J. Michael Stice, its duly authorized Chief Executive Officer. The following statements are true and correct and constitute the basis upon which the City has executed the Permit: A. The City owns a certain piece of property known as Jefferson Davis Park (the "Park"), 4001 Townsend Drive, Fort Worth, Texas 76110, more particularly described as Lot 1, Block 1R, Blantons Addition, City of Fort Worth, Tarrant County, Texas. The exact location and boundaries of the Park are depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes as though it were set forth at length. B. Company wishes to uses certain portions of the Park that are designated herein as temporary workspace and as an ingress and egress route in connection with the construction of a gas pipeline beneath property that abuts the Park and that is owned by a third party. C. The City has reviewed Company's request and agrees to grant Company use of the designated portions of the Park in accordance with the terms and conditions of this Permit. Agreement I. Term The term of this Permit shall consist of one (1) license period of ninety (90) consecutive calendar days ("License Period"). The Company shall have the ability to select the date on which the License Period shall commence, provided, however, that: (i) the Company must notify the City's Parks and Community Services Department at least five (5) business days prior to the date on which the License Period will commence; and (ii) the License Period must terminate no later than six (6) months from the date on which this Permit is fully executed. No use of or access to the Park or the Licensed Premises shall be allowed outside of the designated License Period. Company's rights in the Licensed Premises hereunder shall be strictly limited and shall fully and absolutely terminate and be of no further force and effect at the conclusion of the License Period. After the License Period ends, all rights of the Company in and to the Licensed Premises shall, automatically and without the need for any further documentation, fully and unconditionally terminate, whereupon the Company shall have no right of entry=o--use of the Licensed Premises whatsoever. OFFICIAL RECORD CITY rrcRFTARY Access Perin wilwaccoLicer se Agreement for Jefferson Davis Park Page 1 of 15 II. Licensed Premises Subject to the terms and conditions set forth in this Permit and the City Charter and ordinances, for and in consideration of the monetary payments to be made hereunder and the other covenants and promises expressed herein, the City does hereby agree to license to the Company during the License Period the use of the following three tracts of land (collectively the "Licensed Premises") located in Jefferson Davis Park (the ` Park"), 4001 Townsend Drive, Fort Worth, Texas 76110: Tract One — Workspace A BEING A TRACT OF LAND LOCATED IN THE W. WHEAT SURVEY, ABSTRACT NO. 1645, TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF FORT WORTH RECORDED IN VOLUME 798, PAGE 184, DEED RECORDS, TARRANT COUNTY TEXAS, (D R T.C.T ), BEING A PORTION OF LOT 1, BLOCK 1R, BLANTONS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH TARRANT COUNTY, TEXAS, RECORDED IN CABINET A, SLIDE 858, PLAT RECORDS, TARRANT COUNTY. TEXAS (P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT, AT THE BEGINNING OF A CURVE TO THE LEFT, FROM WHICH A 1/2" IRON ROD FOUND BEARS N 75°54'21' W, 349.97 FEET, SAID IRON ROD BEING THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTHEASTERLY, ALONG SAID CURVE TO THE LEFT, AN ARC LENGTH OF 28.83 FEET, HAVING A RADIUS 30.00 FEET, A DELTA ANGLE OF 55°03'51 ', AND A CHORD BEARING S 28°03 18' E, 27.73 FEET TO A POINT; THENCE S 55°35'14" E, 205.75 FEET TO A POINT IN THE EAST LINE OF SAID LOT 1, THENCE S 00°31'23" E, ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 36.59 FEET TO A POINT, THENCE N 55°35'14" W DEPARTING THE EAST LINE OF SAID LOT 1, 163.84 FEET TO A POINT AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE SOUTHWESTERLY, ALONG SAID CURVE TO THE LEFT, AN ARC LENGTH OF 65.42 FEET, HAVING A RADIUS 30.00 FEET A DELTA ANGLE OF 124°56'09", A CHORD BEARING S 61°56'42' W. 53.21 FEET TO A POINT; THENCE N 00°31'23" W, 109.78 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.170 ACRES (7,424 SQUARE FEET) OF LAND. MORE OR LESS. Tract Two — Workspace B BEING A TRACT OF LAND LOCATED IN THE W. WHEAT SURVEY, ABSTRACT NO. 1645, TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF FORT WORTH, RECORDED IN VOLUME 798, PAGE 184, DEED RECORDS, TARRANT COUNTY, TEXAS, Access Permit and Workspace License Agreement for Jefferson Davis Park Page 2 of 15 (D.R.T.C.T.), BEING A PORTION OF LOT 1, BLOCK 1R, BLANTONS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, RECORDED IN CABINET A, SLIDE 858, PLAT RECORDS, TARRANT COUNTY. TEXAS (P.R.T C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT, FROM WHICH A 1/2" IRON ROD FOUND BEARS N 56°47'28" W, 60.12 FEET, SAID IRON ROD BEING AN ELL CORNER OF SAID LOT 1; THENCE N 89°34'35" E, 129.24 FEET TO A POINT; THENCE S 06°34'55" W, 57.24 FEET TO A POINT; THENCE S 20°04'07" W, 50.56 FEET TO A POINT; THENCE S 67°34'23" E, 22.08 FEET TO A POINT; THENCE N 22°25'37" E, 279.50 FEET TO A POINT; THENCE N 67°34'23" W, 66.61 FEET TO A POINT AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE SOUTHWESTERLY, ALONG SAID CURVE TO THE LEFT, AN ARC LENGTH OF 59.14 FEET, HAVING A RADIUS OF 30.00 FEET, A DELTA ANGLE OF 112°57'00", A CHORD BEARING S 55°57'07" W, 50.02 FEET TO A POINT; THENCE N 00°31'23" W, 97.74 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT; THENCE SOUTHEASTERLY, ALONG SAID NON -TANGENT CURVE TO THE LEFT, AN ARC LENGTH OF 35.11 FEET, HAVING A RADIUS OF 30.00 FEET, A DELTA ANGLE OF 67°03'00", A CHORD BEARING S 34°02'53" E, 33.14 FEET TO A POINT; THENCE S 67°34'23" E, 104.72 FEET TO A POINT; THENCE N 22°25'37" E, 171.21 FEET TO A POINT 1N THE EAST LINE OF SAID LOT 1 AND THE WEST RIGHT-OF-WAY LINE OF THE B.N.S.F. RAILROAD (CALLED 100' RIGHT-OF-WAY); THENCE ALONG THE EAST LINE OF SAID LOT 1 AND THE WEST RIGHT-OF- WAY LINE OF SAID B.N.S.F. RAILROAD AS FOLLOWS (1) S 00°31'23" E, 38.47 FEET TO A POINT; (2) S 22°25'37" W, 776.93 FEET TO A POINT; THENCE N 67°34'23" W, DEPARTING THE EAST LINE OF SAID LOT 1 AND THE WEST LINE OF SAID B.N.S.F. RAILROAD, 10.00 FEET TO A POINT, THENCE N 22°25'37" E, 179.58 FEET TO A POINT; Access Permit and Workspace License Agreement for Jefferson Davis Park Page 3 of 15 THENCE N 67°34'23" W, 20.82 FEET TO A POINT; THENCE S 20°04'07" W. 144.60 FEET TO A POINT; THENCE N 00°31'23" W, 382.18 FEET TO THE PLACE OF BEGINNING AND CONTAINING 1.033 ACRES (45,006 SQUARE FEET) OF LAND. MORE OR LESS. Tract Three - Ingress/Egress Route BEING A TRACT OF LAND LOCATED IN THE W. WHEAT SURVEY, ABSTRACT NO. 1645, TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF FORT WORTH RECORDED IN VOLUME 798, PAGE 184, DEED RECORDS, TARRANT COUNTY TEXAS, (D.R T C T ), BEING A PORTION OF LOT 1, BLOCK 1R, BLANTONS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH TARRANT COUNTY, TEXAS, RECORDED IN CABINET A, SLIDE 858, PLAT RECORDS, TARRANT COUNTY. TEXAS (P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT. FROM WHICH A 1/2" IRON ROD FOUND BEARS N 00°31'23" W, 9.30 FEET, SAID IRON ROD BEING AN ELL CORNER OF SAID LOT 1, THENCE N 89°34'35' E, DEPARTING THE WEST LINE OF SAID LOT 1, A DISTANCE OF 146.66 FEET TO A POINT; THENCE N 44°31'36" E, 14.13 FEET TO A POINT; THENCE N 00°31'23" W, 599.48 FEET TO A POINT IN THE NORTH LINE OF SAID LOT 1 AND THE SOUTH RIGHT-OF-WAY LINE OF DREW STREET (50' RIGHT-OF-WAY); THENCE N 89°33'37" E, ALONG THE NORTH LINE OF SAID LOT 1 AND THE SOUTH RIGHT-OF-WAY LINE OF SAID DREW STREET, 24.00 FEET TO A POINT; THENCE S 00°31'23" E, DEPARTING THE NORTH LINE OF SAID LOT 1 AND THE SOUTH RIGHT-OF-WAY LINE OF SAID DREW STREET, 633.49 FEET TO A POINT; THENCE S 89°34'35" W, 180.66 FEET TO A POINT IN THE WEST LINE OF SAID LOT 1, THENCE N 00°31'23 ' W, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 24.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.437 ACRES (19,014 SQUARE FEET) OF LAND, MORE OR LESS. III. License Fee Within five (5) days of the date on which this Permit is fully executed, Company shall Access Permit and Workspace License Agreement for Jefferson Davis Park Page 4 of 15 deliver to the offices of the City's Parks and Community Services Department (the Department"), 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115, payment of a License Fee of Ninety Six Thousand Four Hundred and Forty -Four Dollars ($96,444.00) as full and complete compensation for the rights and privileges granted under this Permit Twenty -Five Thousand Dollars ($25,000.00) of the total License Fee shall constitute payment for wear and damage associated with Company's use of those portions of Bolt and Gordon Street located within the Park boundaries. IV. Acceptance of Licensed Premises The Company takes all portions of the Licensed Premises and all appurtenances in "AS IS" condition without any express or implied warranty on the part of the City. The Company accepts the Licensed Premises in their present condition, finds them suitable for the purposes intended, and further acknowledges that it is thoroughly familiar with such condition by reason of personal inspection and does not rely on any representations by the City as to the condition of the Licensed Premises or their suitability for the purposes intended. The Company accepts the Licensed Premises subject to any and all previously recorded easements that may have been granted on, along, over, under, or across said property, and releases the City from any and all damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees, or trespassers by reason of the exercise of such rights or privileges granted in said easements. The Company s taking possession of the Licensed Premises shall be conclusive evidence that (a) the Licensed Premises are suitable for the purposes and uses for which same are licensed; and (b) the Company waives any and all defects in and to the Licensed Premises and all the appurtenances thereto. The City shall not be liable to the Company, its agents, employees, contractors, subcontractors. invitees, licensees, or guests for any damage to any person or property due to the acts or omissions of the Company. its agents, employees, contractors, or subcontractors. unless such damage is caused by the gross negligence or willful misconduct of City or its agents. employees, separate contractors, or subcontractors. V. Use Not Exclusive This Permit and all rights granted to Company herein are strictly non-exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and other authorizations for use of the Park and the Licensed Premises to other persons and entities as the City deems appropriate in accordance with applicable law; provided, however, that in granting subsequent authorization for use, the City will not allow a use that will unreasonably interfere with the Company's use of the Licensed Premises as provided herein. This Permit does not establish any priority for the use of the Park or the Licensed Premises by the Company or by any present or future licensees or other penitit holders. In the event of any dispute as to the priority of use of the Park or the Licensed Premises, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. Access Permit and Workspace License Agreement for Jefferson Davis Park Page 5 of 15 VI. Limitations on Use All Company equipment and materials shall be placed and maintained solely within the confines of Tracts One and Two of the Licensed Premises. Tract Three shall be used solely for ingress and egress purposes, and no equipment or materials may be placed or maintained on Tract Three except when in transit to or from Tracts One and Two. Company understands and acknowledges that access for all vehicles and other equipment is limited to the specific route designated as Tract Three and that Tract Three may be used only for the transport of equipment and supplies for construction of the gas pipeline and for no other purpose. Unless otherwise approved by the Department, the Company shall enter and leave the Park and access the Licensed Premises via Gordon Street and Bolt Street only provided, however, that the City may, in its sole discretion, order the Company to discontinue using Bolt Street twenty-four (24) hours after receiving notice from the City to discontinue such use. Use of any portion of the Park outside of the Licensed Premises shall not be permitted. Company shall ensure that drainage along Gordon and Bolt Streets remains unobstructed throughout the construction process and License Period. Any damage to the drainage structures shall be repaired by the Company at its sole expense. In accessing and using the Licensed Premises, Company shall comply with all of its obligations and responsibilities under this Permit and under any and all applicable, federal, state, or local law, rule, or ordinance. VII. Public Safety Company shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with Company's use of the Licensed Premises and the Park. At a minimum, Company shall: (i) install and maintain construction fencing as depicted in Exhibit B; and (ii) erect a controlled -access entry at Gordon Street in the form of a gate, chain link fence, or similar structure to ensure that unauthorized traffic cannot enter the Park. Following installation of the fencing and controlled -access entry, the Company shall contact the Department to inspect for proper installation. The controlled -access entry shall be kept locked when not in use, and the Company shall provide the Department with keys for all fence and entry locks. At no time shall any fenced area be left open unless staffed by security personnel. In addition, Company shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of traffic control devices shall be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. Company shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Company shall also take all necessary precautions and shall provide all necessary protection to prevent damage, injury, or loss to (a) all persons accessing portions of the Licensed Premises on which any construction is being performed by or on behalf of the Company; (b) all work performed on or from Access Permit and Workspace License Agreement for Jefferson Davis Park Page 6 of 15 the Licensed Premises and all materials and equipment to be incorporated therein that are under the care, custody, or control of the Company, or the Company's employees, agents, contractors, or subcontractors regardless of whether such material and equipment is stored on or off the Licensed Premises; and (c) other property on or adjacent to the Licensed Premises. For barricade structures constructed along Gordon and Bolt Streets, the Company shall be required to apply for all necessary permits to ensure that installation and equipment meet the requirements of the Transportation and Public Works Department and the Parks and Community Services Department. Staff from both departments shall be entitled to inspect the barricade structures during and after the installation process. VIII. Protection of the Environment The City has no knowledge of any Hazardous Materials on, under, over, or about the Park or the Licensed Premises as of the execution date of this Permit and hereby represents and warrants that it shall not knowingly, nor permit any third party to, use, handle, or store any Hazardous Materials on, under, over, or about Park or the Licensed Premises in violation of any applicable laws. Company shall not handle or store any Hazardous Materials on the Premises or the Park, except that the Company may, in compliance with applicable environmental laws, use and store Hazardous Materials in such amounts and types that are commonly used in connection with pipeline boring operations, provided however, that Company specifically agrees to remove any and all such Hazardous Materials on or before the final day of the License Period. Foundation shall not introduce, use, generate, store, accept, or dispose of on, under, or about, transport across, or permit to exist on the Licensed Premises or the Park any ` treatment, storage or disposal facility" or "underground storage tank," as those terms are defined under applicable environmental laws. For purposes of this Permit, "Hazardous Materials" shall mean potentially dangerous hazardous wastes, toxic substances, or related materials, including, but not limited to, pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or other fuels (including crude oil or any fraction or derivative thereof), underground storage tanks, and substances considered hazardous, toxic, or the equivalent pursuant to applicable laws. Any Hazardous Materials used by the Company on the Licensed Premises shall be posted on site and a hst shall be given to City. Company shall not create or aggravate any condition at the Park or the Licensed Premises that could present a threat to human health or to the environment. IX. Documenting Condition of Licensed Premises Company must provide the Department with videographic documentation of the condition of the Licensed Premises, including underground utilities, as they exist both before and after installation of the pipeline All such video must include a visible date and time stamp indicating when the videography occurred. Company must submit documentation of the pre -installation condition at least five (5) business days prior to the date on which the License Period will commence under Section I of this Permit. Post - installation documentation must be submitted no later than five (5) business days after the last day of the License Period. Department staff will distribute copies of the Access Permit and Workspace License Agreement for Jefferson Davis Park Page 7 of 15 documentation to all appropriate City personnel to determine whether any damage has been done to the Licensed Premises. X. Minimizing Impact of Vegetation Company shall not cut or remove any trees on the Licensed Premises. Prior to beginning any construction Company shall install perimeter construction fencing as identified on the attached Exhibit B In addition, to minimize damage during construction, the Company shall install orange mesh fencing on the outside drip line of trees specifically identified by the Department at a pre -construction meeting. Company shall notify the Department once the perimeter fencing and tree protection measures have been installed and allow the Department an opportunity to inspect the work before construction begins. The City shall have at least two business days following the date on which notice is received to conduct its inspection. The Company may begin construction on or after the third business day following the date on which it provided notice to the City unless the City contacts the Company and identifies specific issues that render the perimeter fencing or tree protection measures unacceptable. If any tree within the Park is damaged in connection with Company's operations, Company agrees to undertake remediation efforts, including paying of remediation costs, in accordance with Exhibit C. XI. Minimizing Impact of Utilities The Company acknowledges the existence of City -owned water utilities in the Park and Licensed Premises (including, but not limited to, waterlines, sewer lines, and stotnn drains and lines) and covenants and agrees to install protective matting over such utilities in accordance with Exhibit B and in compliance with specifications approved by the City's Water Department. Following installation of the matting, Company shall contact the Water Department (John Lopez or other designated representative) for inspection and approval. The Company shall provide the Parks and Community Services Department with a copy of the matting specifications and the Water Department's inspection report within twenty-four (24) hours of receiving the report from the Water Department and prior to mobilization of pipeline construction equipment in the Park. The Company may begin construction after the date on which it provided the inspection report and specifications to the Parks and Community Services Department unless the Department contacts the Company and identifies specific issues that render the measures unacceptable. XII. Restoration of Improvements To the extent any barricade, fence, or other improvement is destroyed, removed, or altered in connection with the Company's activities under this Permit, the Company shall reconstruct and restore such improvement in a good and workmanlike manner to a condition that is equal to or better than the one in which such improvement existed as of the date this Permit is fully executed, as evidenced by the pre -installation video required under Section IX of this Permit. XIII. Restoration of Surface and Subsurface of Tracts One and Two To the extent any portion of the surface or subsurface of Tract One or Two is damaged or Access Permit and Workspace License Agreement for Jefferson Davis Park Page 8 of 15 disturbed in connection with Company's activities under this Permit, the Company shall ensure any subsurface area is promptly filled with clean fill dirt up to the level of the surrounding ground. Company shall ensure any fill dirt is compacted to a 90% compression ratio and in accordance with all applicable laws. Company shall provide the City with a report or other written documentation acceptable to the Department to demonstrate that compaction was performed in accordance with this section. In performing earthwork in the Park or Licensed Premises, the Company shall adhere to the policies outlined in Exhibit E, which is attached to this Pennit and incorporated herein for all purposes as though it were set forth at length. In addition, Company shall restore the surface of Tracts One and Two by: (i) replanting and reseeding with Common Bermuda grass in accordance with the seeding specifications outlined in the attached Exhibit D; and (ii) watering the replanted and reseeded areas as needed until the replacement vegetation is reasonably established and has been approved and accepted by the Department. Prior to planting Company shall provide the Department with documentation certifying the type and quality of the materials to be planted. The Department may, in exercise of reasonable discretion, reject any plant material that does not meet the requirements of this section or Exhibit D or is otherwise unacceptable for one or more specific, clearly identified reasons XIV. Removal of Excavated Materials Company shall ensure that all drilling mud spoils and all excess material excavated by or for Company is removed from the Park and properly disposed within twenty-four (24) hours of excavation unless such material is stored in a containment facility. Material stored in a containment facility may remain on the Licensed Premises no longer than ten (10) calendar days following the date of excavation. XV. Liability; Indemnification. Company agrees to pay City for all damages suffered or incurred by City, either directly or indirectly, as a result of any operations on or from the Licensed Premises conducted for or by Company, its agents employees or representatives, including all damage or injury to standing or fallen timber, buildings, fences, equipment, and all other property, whether real or personal. Company covenants and agrees to and does hereby indemnify, hold harmless, and defend, at its own expense, City, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the acts or omissions of the Company, its officers, agents, employees, subcontractors, invitees, licensees, volunteers, or program participants. Company likewise covenants and agrees to, and does hereby, indemnify and hold harmless City from and against any and all injuries, damage, loss, or destruction to property of City during the performance of any of the terms and conditions of this Permit. However, the indemnity provided for in this paragraph shall not extend to any liability resulting from the sole negligence of the Access Permit and Workspace License Agreement for Jefferson Davis Park Page 9 of 15 City or its officers, agents, employees, or separate contractors, and, in the event of joint and concurrent negligence of both the Company and the City, responsibility and liability, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas. Nothing herein shall be construed as a waiver of the City's governmental immunity as further provided by the laws of the State of Texas. Company covenants and agrees that City shall no way or under any circumstances be responsible for any property belonging to Company, its members, employees, agents, contractors, subcontractors, invitees, licensees or trespassers that may be stolen, destroyed, or in any way damaged, and Company hereby indemnifies and holds harmless City from any and all such claims. City does not guarantee police protection and will not be liable for any loss or damage sustained by Company, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the Premises. Company agrees that City shall not be liable for any loss, injury or damage whatsoever suffered or incurred by Company or Company's agents, employees or representatives while on the Licensed Premises. XVI. INSURANCE Duty to Acquire and Maintain Company shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide coverages of the types and amounts 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, repair, reconstruction, or condition of the pipeline. The insurance required hereunder may be met by a combination of self-insurance and primary and excess policies. Tunes and Amounts of Coverage Required Commercial General Liability: $5,000,000.00 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: $5,000,000.00 per occurrence Umbrella Policy $5,000,000.00 Access Permit and Workspace License Agreement for Jefferson Davis Park Page 10 of 15 Environmental Impairment Liability (EIL) &/or Pollution Liability $5,000,000 per occurrence $10,000,000 aggregate Automobile Liability: $1,000,000.00 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 Permit Worker's Compensation: As required by law Employer's Liability: $1,000,000.00 per accident 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 Permit. 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. Underwriters and Certificates Company shall procure and maintain its insurance with underwriters who are authorized to do business in the State of Texas and who are acceptable to the City in terms of solvency and financial strength. Within ten (10) business days following execution of this Permit, 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. Deductibles Deductible or self -insured retention limits on any line of coverage required herein shall not exceed $1,000,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. Access Permit and Workspace License Agreement for Jefferson Davis Park Page 11 of 15 No Limitation of Liability The insurance requirements set forth in this section and any recovery by the City of any sum by reason of any insurance policy required under this Permit 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 Permit or law. XVII. Prohibition Against Liens The Company shall not do any act or make any contract that may be purported to create or be the foundation of any lien on or any interest in the Licensed Premises or the Park. Any such act, contract, or lien attempted to be created shall be void. Should any purported lien on the Licensed Premises be created or filed, the Company shall, at its sole expense liquidate and discharge same within ten (10) business days after notice from the City to do so XVIII. Notices All notices required or permitted under this Permit shall be conclusively determined to have been delivered when (i) hand -delivered to the other party, its agent, employee, servant, or representative, or (ii) received by the other party by reliable overnight courier or United States Mail, postage prepaid, return receipt requested, at the address stated below or to such other address as one party may from time to time notify the other in writing. To THE CITY: Director Parks and Community Services City of Fort Worth 4200 South Freeway, Ste 2200 Fort Worth, Texas 76115 With a copy to: Department of Law City of Fort Worth Attn Denis C. McElroy 1000 Throckmorton Fort Worth, Texas 76102 To COMPANY: Texas Midstream Gas Services, L L C Attn. Dave Johns, Manager Property Rights 100 Energy Way Fort Worth, Texas 76102 with a copy to: Texas Midstream Gas Services. L L C c/o CT Corporation 350 North St. Paul Street Dallas, Texas 75201 Access Permit and Workspace License Agreement for Jefferson Davis Park Page 12 of 15 XIX. Independent Contractor It is expressly understood and agreed that Company shall operate as independent entity in each and every respect hereunder and not as an agent, representative, or employee of the City. Company shall have the exclusive control and the exclusive right to control all details and day-to-day operations and activities relative to operation of the Company and installation of the pipeline and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, hcensees, and invitees. Company acknowledges that the doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees. Nothing contained in this Permit shall be construed as the creation of a partnership or joint enterprise between the City and Company. XX. Prohibition Against Assignment The Company may not sell, assign, or otherwise transfer any of its rights or obligations under this Permit without the prior, written consent of the City. Any such attempted assignment without the City s consent shall be void. XXI. Compliance with Laws and Regulations In operating under this Permit, Company agrees to comply with all applicable federal, state, and local laws, regulations, and ordinances, including all City ordinances, charter provisions, and rules, regulations, and requirements of the City s Police, Fire, Code Compliance, Transportation and Public Works, and Health Departments Company will not knowingly do or suffer to be done anything on said Licensed Premises during the terms of this Permit in violation of the laws, statutes ordinances, rules, regulations, charter provisions, directives or requirements referenced in this Permit. If the City calls the attention of Company to any such violation on the part of said Company or any person employed by or admitted to said Licensed Premises by Company, Company will immediately (or otherwise as soon as reasonably possible) desist from and correct such violation and/or vacate the Licensed Premises. XXII. Taxes The Company acknowledges and agrees that it shall be solely responsible for paying all taxes assessed or imposed by any governmental entity in connection with the construction, installation, operation, maintenance, repair, or reconstruction of the pipeline and with the use of the Licensed Premises or other City property related to activities within the scope of this Permit. XXIII. Force Maieure; Homeland Security If either party is unable, either in whole or part, to fulfill its obligations under this Permit due to acts of God strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; Access Permit and Workspace License Agreement for Jefferson Davis Park Page 13 of 15 earthquakes; fires; floods• restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or emergency by the federal, state, county, or City government in accordance with applicable law any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If the Licensed Premises or any portion thereof shall be destroyed or rendered unsafe for use or occupation by reason of a Force Majeure Event, the City may, in its reasonable discretion and after consulting with Company, either cancel or reschedule the Company's activities. The Company hereby waives any claim against City for damages by reason of any such rescheduling or cancellation. If the United States Department of Homeland Security issues a Level Orange or Level Red Alert, the City, in its sole discretion, may cancelor postpone scheduled Company activity in the interest of public safety. XXIV. Headings The section headings contained herein are solely for convenience in reference and are not intended to define or limit the scope of any provision of this Permit. XXV. Choice of Law; Venue This Pettmiit shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Permit, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. XXVI. Governmental Powers It is understood and agreed that by execution of this Permit, City does not waive or surrender any of its governmental powers. XXVII. Authorization By executing this Pettltit, Company s agent affirms that he or she is authorized by the Company to execute this Permit and that all representations made herein with regard to Company's identity, address and legal status (corporation, partnership, individual, etc.) are true and correct. XXVIII. Entirety of Agreement This instrument (including all attachments, schedules, and exhibits attached hereto) constitutes the entire understanding and agreement of the City and Company as to use of the Licensed Premises and the Park. 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 Permit. This Permit shall not be amended unless agreed to in writing by both parties. Access Permit and Workspace License Agreement for Jefferson Davis Park Page 14 of 15 By executing this Permit, Company agrees to and accepts the terms, conditions and provision contained herein. jIWITNESS WHEREOF, the parties hereto have executed this Permit this ca, , 2011 in Fort Worth, Tarrant County, Texas. Texas Midstream Gas Services, L.L.C. By: (JQut NamJ. ichael Stice Title: Chief Executive Officer Date: N1,jkZt,j01i Approved „ to For ' apd Legality: By: Name: Michael F. McCann Title: Senior Attorney — Midstream & Marketing ATTEST: By: Name: Title: City of Fort Worth By: Sus cn A nis Assistant City Manager ist day of Date: 'J v+ I Approved as tor�n and Legality: By: Denis C. Elroy Assistant CityAttc Y ATTEST: Marty Hendrix City Secretary Chn fr'r,2ct frnMor;2olt1oAtii°p°oar°" e Af- E-C 5767 OFF/IL, RECORD CI TY �gk�";CX; via �`T Y NCR' ,`X 1 1 Access Permit and Workspace License Agreement for Jefferson Davis Park Page 15 of 15 EXHIBIT "A" WAH 09017.03 0 0 TO WNSEND DRIVE 1/2" IRF 1• ,N75.5 20x20' P.O.S.E. ..`;49 9j:&.,;V I CAB. A. SUDE 858 . P.R.T.C.T. DREW STREET �RJE q5 PLACE OF 1 �NN�PG N°' �6 BEGINNING 1 of 01 O t01 N 01 3i 1 1 TEMPORARY WORKSPACE EASEMENT A" 0.170 ACRES (7 424 SQ. FT.) 24' WIDE INGRESS/EGRESS ROUTE FOR CONSTRUCTION PURPOSES, REFER TO SHEETS 5 & 6 (TX—TARR—THSB-054 00) CITY OF FORT WORTH VOL. 798, PG. 184 D.R.T.C.T. LOT 1, BLOCK 1R BLANTONS ADDITION CAB A, SLIDE 858 P.R.T.C.T. PLACE OF 20x20' P 0 S E. BEGINNING CAB, A. SLIDE 858 ESMT. "B" P.R.T.C.T. N 56'47'28W 60.12' j S 89158316' W V2 IRF BOLT ST. 1/2 �� • (CM)• — • TEMPORARY WORKSPACE EASEMENT "B" 1.033 ACRES (45,006 SQ. FT.) 7.5' UTIUTY EASEMENT CAB. A. SLIDE 858 P.R.T.C.T. 5 /AALS LS IADD TAH 1/19 19 3 1/I3 REV. DATE I BY I PROJECT NO. 563365 7 1 1 1 1 1 1 1 1 1 1 BILLY J. CLAY & DAVID WALDEN DOC. No. D208190945 'i'- D.R.T.C.T. 30' 2SVDE858 P.R.7.c81. ON) (APPROX� 461 � �� �(O� 17// C-----I --��h. --� ,As.-r r / al Lr ~ 0-0 '-1 OE 1-/ J .—I Ll7 r— - off NO G- -1 G• V / ♦ ♦ / t/ L 18 ; ��♦/ 4. y / q3' ♦ /J / a ILCI o`er. 7 to ♦ 1L16-�♦ J TWS TO INCENSED SHEET 7 ptt RE UDE SAVE & EXCEPT PORTION JLH t e X JLH REVISED EASEMENT LAYOUT DESCRIPTION TX—TARR—THSB-054.00 I CHK. DRAWN 8Y: RJH SURVEYOR PREPARING THIS EXHIBIT: CHECKED BY: WIER & ASSOCIATES, INC. I semi: vs so 001 NOTES: CM IRF IRS ♦ / LEGEND* CONTROLLING MONUMENT IRON ROD FOUND IRON ROD SET TEMPORARY WORKSPACE EASEMENT (1) ALL BEARINGS SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM. NORTH CENTRAL ZONE 4202. NAD OF 1983, AS DERIVED BY FIELD OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY WESTERN DATA SYSTEMS. TEXAS MIDSTREAM TITLE INFORMAPION ROVIDED SERVICES, L.L.C. (3) THIS SURVEY WAS MADE ON THE GROUND ON MARCH 29. 2009 UNDER THE DIRECTION OF GREGG At. MADSEN, R.P.L.S. N0. 5798. (4) REFER TO THE ACCOMPANYING FIELD NOTES ATTACHED HERETO AND MADE A PART THEREOF. (5) SEE SHEET 2 FOR LINE & CURVE TABLE. S MIDSTS REAM THORTON TO SW BAPTIST CITY OF FORT WORTH TEMPORARY WORKSPACE EASEMENTS A' & "B' TARRANT COUNTY. TEXAS DATE:04-06-20091 DWG. NO. DATE:02-21-2011 APP.: CAA 1 OF 7 REV. 5 EXHIBIT "B" i I I B / ®ISMS es m ® in ran/ I p L 20x20' P.O.S.E. CAB. A, SLIDE 858 P.R.T.C.T. MIS ® Da I. 711E��MN CIE ® LA ism® 0 � ST. m _ ® s o al a Int ( TX-TARR-THSB-054.00) CITY OF FORT WORTH VOL. 798 PG. 184 D.R.T.C.T. LOT 1, BLOCK 1R BLANTONS ADDITION CAB. A, SLIDE 858 P.R.T.C.T. PROPOSED GATE 24' WIDE INGRESS/EGRESS ROUTE FOR CONSTRUCTION PURPOSES CONSTRUCTION MATTING 15' UTILITY EASEMENT CAB. A, SLIDE 858. P.R.T.C.T. PROPOSED GATE 24' WIDE INGRESS/EGRESS ROUTE FOR CONSTRUCTION PURPOSES 20x20' P.O.S.E. CAB. A, SLIDE 858 P.R.T.C.T. GUARD RAIL BOLT ST. -SS rn so F r , 5 WA. 09017.03 4 3 REV. 15' UTILITY EASEMENT CAB. A, SLIDE 858, P.R.T.C.T. 7.5' UTILITY EASEMENT CAB. A, SLIDE 858, 2/21 1 19 1/13 DATE P.R.T.C.T. TAN ALS ALS BY PROJECT NO. 563365 I teaI I I I ASPHALT PV'MT 1/2" IF (CM) I —"Orr'— icrias I; PROPOSEDsP1/41 " I I GATE N NCA -l— CONSTRUCTION II MATTING s M. ./ /44./ s 1 V /nr "1 Vi • /4 ei / /o ,: /, I'T iT ° / IC- BILLY J. CLAY & DAVID WALDEN DOC. No. D208190945 D.R.T.C.T. CONSTRUCTION FENCING vE 1+ sA\lE6•20 20' DRAINAGE ESMT. CAB. A, SLIDE 858. P.R.T.C.T. (APPROX. LOCAI!04)---- sae a. OS 9. 1 I I 4 s6`!,50 P i S /o 7/7 sps\i‘G • itiss QEGP riV SA w // ADDED CONST. MATTING AND FENCING ADD TWS TO INCLUDE SAVE & EXCEPT PORTION REVISED EASEMENT LAYOUT DESCRIPTION TX-TARR-THSB-054.00 JLH JLH JLH CHK. SURVEYOR PREPARING THIS EXHIBIT: 4 VIA WIER & ASSOCIATES, INC. DRAWN BY: RJH I UCTION G 4, • • 4 r r • tONST /L4ATTI E G E N D PROPO•ED PIPE NE CM CONTROLLING MONUMENT 'k' / IRF SAVE y 4,9/7 yact,* et % Ns" / X %'/ SS SD OHE 14 WV o WMH o WM o SSMH o PP PP/T ^ GUY a CI AM. ELM CED. ELM HACK LACE NOTES: IRON ROD FOUND IRON ROD SET TREE TO BE SAVED CONTRUCTION MATTING CONTRUCTION FENCING WATER LINE SAN. SEWER LINE STORM DRAIN OVERHEAD ELECTRIC WATER VALVE WATER MANHOLE WATER METER SAN. SEWER MANHOLE POWER POLE POWER POLE 1'I/ TRANSFORMER GUY WIRE CURB INLET AMERICAN ELM CEDAR ELM HACKBERRY LACE BARK ELM CALIPER IN INCHES TREE TYPE DIA. DRIP LINE HACK 10°25 (1) TITLE INFORMATION PROVIDED 8Y TEXAS MIDSTREAM GAS SERVICES. L.L.C. (2) THIS SURVEY WAS MADE ON THE GROUND ON MARCH 29, 2009 UNDER THE DIRECTION OF GREGG A.E. MADSEN. R.P.L.S. NO. 5798. © s MIDSTREAM GAS SERVICES THORTON TO SW BAPTIST TREE & TOPO EXHIBIT CITY OF FORT WORTH - JEFFERSON DAVIS PARK TARRANT COUNTY. TEXAS DATE:04-06-2009 DWG. NO. DATE:02-21-2011 CHECKED BY: SCALE: 1' 100' APP.. 7 OF 7 REV. 5 EXHIBIT C Damaue to Trees; Remediation Costs In the event of any damage to trees in connection with Company's operations, Company shall comply with the following: 1. In General The City Forester shall have the right to inspect any trees located on the Park for damage by Company and, if applicable, will classify damage to trees as shght, moderate, or severe as described below. 1.1 Standards for Measuring Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back under ANSI standards Tree caliper shall be measured according to accepted industry standards Trees greater than 6" in caliper shall be measured using diameter at breast height (DBH). 2.1. Slight Damage: Slight damage shall be defined as damage that, in the opinion of the City Forestei, can be reasonably anticipated to heal. Examples include, but are not limited to, (i) scarring of the trunk into the cambial layer of up to 2" in width but less than 1/3 trunk circumference; and (ii) breaking of limbs that are less than 2" in diameter and less than 1/3 of the trunk caliper. Remediation costs shall be assessed at a rate of $100.00 for each instance of slight damage. 2.2. Moderate Damage: Moderate damage shall be defined as damage that, in the opinion of the City Forester, can reasonably be anticipated to contribute to poor health and slight to moderate reduction in longevity of the tree Examples include, but are not limited to, (i) scarring of the trunk into the cambial layer greater than 2' in width but less than 1/3 trunk circumference ; and (ii) breaking of limbs more than 2" in diameter but less than 1/3 of the trunk caliper. Remediation costs shall be assessed for each instance of moderate damage at the following rates: (i) for any tree that is more than 20 inches in caliper, the greater of (A) one—half of the estimated value of the tree or (B) $300.00 per caliper inch; (ii) for any tree that is less than 20 inches in caliper, $300.00 per caliper inch 2.3. Severe Damage: Severe damage shall be defined as damage that, in the opinion of the City Forester, can reasonably be anticipated to contribute to a severe reduction in longevity of the tree or otherwise characterized as a catastrophic injury to the tree. Examples include, but are not limited to, (i) scarring of the trunk to the cambial layer greater than 1/3 the trunk circumference; (ii) uprooting a tree or causing a tree to lean; (iii) damage to a scaffolding branch or to a branch greater than 1/3 of trunk caliper; and (iv) removal of a tree. Remediation costs shall be assessed for each instance of severe damage at the following rates: (i) for any tree that is twenty-five (25) inches or less in caliper, the appraised value of the tree; (ii) for any tree greater than twenty-five (25) inches in caliper, twice the appraised value of the tree. 3.1. Payment of Remediation Costs Company shall make payment for any such damages and must plant replacement trees for severely damaged trees at a location to be determined by the Parks and Community Services Department. Replacement shall be made on caliper -inch -per -caliper -inch basis with a minimum size 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 Company to the Parks and Community Services Department at a rate of $200 per caliper inch. 3.2. Applicability of City's Tree Ordinance Remediation costs assessed hereunder constitute contractual damages intended to compensate the Parks and Community Services as property owner and have no bearing on whether or to what extent any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance. EXHIBIT "D" 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 writing, prior to planting. 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. B. Fertilizer 1. Unopened bags Iabeled 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 -1- me ae we ie ase se se se se 14 1 s adi a 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 Iocating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. 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 25 Bermuda (unhulled) Cynodon dactylon 75 Bermuda (hulled) Cynodon dactylon Purity Germination 85% 90% 95% 90% Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium multiflorum 40 Bermuda (unhulled) Cynodon dactylon 2 82% 80% 84% 85% Native grass seed - The seed shall be planted between February I and October 1 and shall consist of: Lbs. PLS/Acre 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 Maximillian Sunflower* Winecup Lemon Mint* Botanical Name Penstemon cobaea Coreopsis lanceolata Lupinus texensis Oenothera speciosa Echtnacea 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 or within three feet of a walkway 4. Temporary erosion control seed When specified on the plans, temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in_this section. B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper -by-products (waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten (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- • 1 1 0 1 • • • i i • • ft • f 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 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. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled paper mulch, (see 2.01, B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater, use the following soil retention blanket (Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1-800-777-SOIL. 2.02 MIXING Seed, mulch, fertilizer and water may be mixed provided that: 1. Mixture is uniformly suspended to form a homogenous slurry 2. Mixture forms a blotter -like ground cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty (30) minutes after placed in the equipment. SECTION 02930 - SEEDING -4- PART 3 — EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Matenals, Such As: 1. Stumps, stones, and other objects larger than one inch. 2. Roots, brush, wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling 1. In all compacted areas till one (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. B. Mechanically Seeding (Drilling): If mechanically seeding (drilling) the seed or seed mixture, the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All 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. 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 Ibs.i•icre. 4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre. SECTION 02930 - SEEDING 5- / / / / / / / / 1 / 4 • 1 • • • • • • 5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious. C. Apply within thirty (30) minutes after placement in equipment. Keep mulch moist, by daily water application, if necessary: 1. For approximately twenty-one (21) days, or 2. Until seeds have germinated and have rooted in soil, (see 3:04. B.2) and project has been accepted by the City. 3.04 MAINTENANCE AND MANAGEMENT A. Includes protection, replanting, maintaining grades and immediate repair of erosion damage until the project receives final acceptance. B. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time as determined by the City. 2. A ` stand" shall be defined as: a. Bermuda/Rye grasses: Full coverage per square foot established within two to three (2-3) weeks of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. b. Native grass and wildflowers: eighty percent (80%) coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION SECTION 02930 - SEEDING 6- EXHIBIT "E" 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 matenals, 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 I- 1 1 2.04 IMPORTED FILL P• R A. Imported fill materials shall be used for the construction of earth embankment in the event that (I) 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 0 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. A 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. r r 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 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. E. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, processed, compacted and graded to leave a finished layer of topsoil not less than five inches in depth. Unless otherwise indicated topsoil will be replaced over all areas of earthwork (including slopes), except where pavement is planned. F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine grading will be accomplished with a weighted spike harrow weighted drag 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- 1 1 1 1 1 1 1 1 1 41 / 0 • 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 gradmg, 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 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. 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- indicated on the plans or required by the Owner, the ground surface, thus prepared, shall be compacted by sprinkling and rolling. D. Scarification: The surface of all areas and slopes over which fill is to be placed, other than rock, shall be scarified to a depth of approximately six inches to provide a bond between the existing surface and the proposed embankment. Scarification shall be accomplished by plowing, discing, or other approved means. Prior to fill placement the loosened material shall be adjusted to the proper moisture content and recompacted to the density specified herein for fill. E. Benching: Scarification is normally adequate for sloping surfaces. However, in certain cases where fill is to be placed against hillsides or existing embankment with slopes greater than 4:1 the Owner may direct the Developer/Contractor to key the fill material to the existing slopes by benching. A minimum of two feet normal to the slope shall be removed and recompacted to insure that the new work is constructed on a firm foundation free of loose or disturbed material. F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread, not to exceed eight inches (8") in loose depth before conditiomng 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. I. Grading: Embankments shall be constructed in proper sequence and at proper densities for their respective functions All embankment serves in one capacity or another as subgrade (e.g., under topsoil under concrete and asphalt pavement, under structures etc.). Accordingly, the upper layer of embankment shall be graded to within plus or minus 0.10 foot of proper subgrade elevation prior to depositing topsoil, and prior to the construction of pavements slabs, etc. 3.05 DENSITY CONTROL A. Earth Embankment in Generals Earth embankment shall be compacted in lifts at a minimum of ninety percent (90%)of Standard Density ASTM D698 with plus four percent (4%) or minus two percentage (2%) points of optimum moisture content. B. Earth Embankment Under Structures and Pavement: The top six inches (6") of natural earth comprising the subgrade for structural slabs or for areas of pavement shall be ninety five percent (95%) to ninety eight percent (98%) of Standard Density ASTM EARTHWORK 02300 -5- M a 41 41 1 1 1 1 r 41 1 1 41 1 41 41 • 1 • • • 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 embankments 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 loss of moisture in the embankment by sprinkling as required Loss of moisture in excess of two percent (2%) below optimum in the top twelve inches (12") of the fill will require that the top twelve inches (12") of the embankment be scarified, wetted, and recompacted prior to placement of the structure, select fill or pavement. If desired, the 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 • EAR FHWORK 02300 -6- City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/22/2011 DATE: Tuesday, March 22, 2011 REFERENCE NO.: L-15161 LOG NAME 80JEFFERSON DAVIS PARK TEMP ACCESS AGREEMENT SUBJECT: Authorize Execution of a Temporary Access Agreement with Texas Midstream Gas Services, L.L.C. in the Amount of $96,444.00 for Temporary Workspace and Allow Ingress and Egress Access on a Portion of the Surface of Jefferson Davis Park (COUNCIL DISTRICT 9) RECOMMENDATION It is recommended that the City Council authorize the execution of a Temporary Access Agreement with Texas Midstream Gas Services, L.L.C. in the amount of $96 444.00 for Temporary Workspace and Allow Ingress and Egress Access on a Portion of the Surface of Jefferson Davis Park. DISCUSSION: The Parks and Community Services Department (PACSD) has been approached by Texas Midstream Gas Services, L.L.0 (TMGS) to request temporary workspace and to allow ingress and egress on a portion of Jefferson Davis Park for the installation of a gas pipeline on abutting property. The natural gas pipeline will be servicing the Thorton to Southwest Baptist pad sites. TMGS has requested to use approximately 71,444 square feet of temporary workspace and access area within Jefferson Davis Park. The temporary workspace and access agreement is for a period of 90 calendar days. The location of the temporary workspace and access area was chosen in consideration of the park and adjacent property owners. Installation of the pipeline under the abutting privately owned property will require use of a drilling rig and TMGS has agreed to install and maintain a sound proof matting barrier along the area where the drilling rig will be located and along the boundary of the temporary workspace directly behind the affected lots on Townsend Drive. As a condition of granting this agreement, staff is recommending that in lieu of requiring TMGS to restore the abandoned portions of Gordon and Bolt Streets that are located in the park the company be assessed a mitigation fee of $1.00 per square foot of temporary workspace area plus a $25,000.00 fee for the use of the park roads for access with the total combined fee being $96,444.00. In addition, TMGS will be responsible for repairing and restoring the park to its previous condition or better. Staff has discussed this proposal with TMGS and TMGS is agreeable to this assessment. The funds generated from the park mitigation fees will be used to remove the abandoned road, restore the underlying parkland and construct improvements at Jefferson Davis Park in compliance with the Parks and Community Services Park Facility Development Guidelines. Jefferson Davis Park is located in COUNCIL DISTRICT 9. Logname: 80JLFFERSON DAVIS PARK TEMP ACCESS AGREEMENT Page 1 of 2 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 466266 801929931300 CERTIFICATIONS: Submitted for City Manager's Office bar: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. location map 2.pdf (Public) $961444.00 FROM Fund/Account/Centers Susan Alanis (8180) Richard Zavala (5704) David Creek (5744) Logname: 80JEFFERSON DAVIS PARK TEMP ACCESS AGREEMENT Page 2 of 2