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Contract 43238 (2)
CITY SECRETARY/L2 CONTRACT NO. Z3 TEMPORARY ACCESS PERMIT AND WORKSPACE LICENSE AGREEMENT FOR HARMON FIELD PARK This Temporary Access Permit and Workspace License Agreement for Harmon Field Park("Permit")is made and entered into on this Z of [111 Oi 2012 ("Effective Date") 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 Randy DeLaune, its duly authorized Area Manager. 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 Harmon Field Park (the "Park"), 1501 Martin Luther King Freeway, Fort Worth, Texas 76102, more particularly described as Mapsco: 63X-Y & 77B-C, east of North South FWY SR NB, west of West Fork Trinity River, south of the Trinity Railway Express RR. 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. I. Term Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX The term of this Permit shall consist of two (2) separate license periods one for Tract 1 ("Tract 1 License Period") and another for Tract 2 ("Tract 2 License Period") (collectively, "License Periods"). Tract 1 and 2 shall include the use of Tract 3 for ingress and egress purposes of the License Periods. Tract 1 License Period. The license period for Tract 1 shall begin on the Effective Date and terminate on August 10, 2012. Tract 2 License Period. The license period for Tract 2 shall be from the designated commencement date and expire on June 12, 2012 at 11:59 p.m. ("Tract 2 License Period"). The Company shall have the ability to select the date on which the Tract 2 License Period shall commence; provided, however, that the Company must notify the City's Parks and Community Services Department at least three (3) business days prior to the date on which it intends to mobilize its pipeline stringing operations. In no event Access Permit and Workspace Lieenft Wkgi•e men fdr Harmon Field Park Page 1 of 50 shall the Tract 2 License Period commence after May 28, 2012. The Company shall be permitted access 24 hours a day, seven days a week (24/7) during the Tract 2 License Period in order to complete all work hereunder and shall be exempt from the City's Noise Ordinance pursuant to Section 23.8(e)(2) of Chapter 28 of the Code of the City of Fort Worth. The Tract 2 License Period is subject to the following restrictions: (1) Any and all work associated with pipeline stringing, including, but not limited to mobilizing and demobilizing, on Tract 2 shall be completed within four (4) calendar days of the designated Tract 2 License Period commencement date or else be subject to the liquidated damages holdover provision set forth in Section IV; and (2) the Company shall use any remaining portion of the Tract 2 License Period to complete any and all necessary and/or required restoration work from the pipeline stringing operations in accordance with the terms set forth in this Permit or else be subject to the liquidated damages holdover provision set forth in Section IV. No use of or access to the Park or the Licensed Premises shall be allowed outside of the designated License Periods. 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 each respective License Period. After each respective 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 or use of the Licensed Premises whatsoever 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 Periods the use of three tracts of land in the Park, which shall be referred to as Tract 1, Tract 2, and Tract 3 (collectively the "Licensed Premises"). The exact locations and boundaries of the Licensed Premises are depicted in Exhibits B-1 (Tract 1), B-2 (Tract 2), and B-3 (Tract 3) and incorporated herein for all purposes. III. License Fee; Additional Consideration Contemporaneously with executing this Permit, the Company shall 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 One Hundred Eighteen Thousand Two Hundred Thirty -One Dollars and Thirty -Seven Cents ($118,231.37) as compensation for the rights and privileges granted under this Permit. The Company acknowledges the City's use of a portion of the right-of-way access (` Access Road") connecting U.S 287 N. service road with Tract 3 as a means of maintaining the eastern portion of the Park. The Access Road and the specific portion of Access Permit and Workspace License Agreement for Harmon Field Park Page 2 of 50 the Park are depicted on Exhibit C, which is attached hereto and incorporated herein for all purposes. As additional consideration for the rights and privileges granted herein, the Company agrees to allow the City's maintenance crew full and unencumbered access to the Access Road under any agreement the Company has with the Texas Department of Transportation. In order to allow the City's maintenance crew the ability to carry outs its duties, the Company must maintain the Access Road in a manner that would not prohibit the City's maintenance vehicles from accessing the specified portions of the Park, detailed in Exhibit C, for maintenance purposes. IV. Liquidated Damages for Holdover Tract 1 (including Tract 3) - To ensure Company's diligence in complying with this Permit and to minimize impact to the Park, if the Company fails to vacate and restore Tract 1 in accordance with the terms of this Permit on or before the expiration of the Tract 1 License Period, the Company agrees to pay the City liquidated damages of One Thousand Seven Hundred Forty -Nine Dollars and No Cents ($1,749.00) for each day beyond the expiration of the Tract 1 License Period that the Company continues to occupy all or any portion of Tract 1 and/or fails to restore all or any portion of Tract 1 pursuant to the terms of this Permit. The City calculates that this amount reasonably approximates the actual damages to the City for delay in regaining full and unencumbered use of the property. This amount shall be proportionately reduced to reflect the percentage of Tract 1 that has been restored and accepted by the City prior to the date on which liquated damages are to be imposed. If Company fails to meet a deadline but City staff sees evidence that Company is making diligent efforts to do so, the Director of the Parks and Community Services Department or his designee ("Director") may, in exercise of his reasonable discretion, forgo the payment of all or part of the liquidated damages due hereunder. Tract 2 — To ensure Company's diligence in complying with this Permit and to minimize impact to the Park, if the Company fails to complete its pipeline stringing operations, including, but not limited to, mobilization and demobilization within four (4) calendar days of the designated Tract 2 License Period commencement date, then the Company agrees to pay the City liquidated damages of Four Hundred Fifty Dollars and No Cents ($450.00) for each day the Company continues to occupy Tract 2 for its pipeline stringing operations up until June 12, 2012, at which time the Company shall be liable for the amounts listed in the immediate paragraph below. This amount is equivalent to the daily rate of an approximate monthly rental amount of one dollar per square foot which the City reasonably approximates the actual damages to the City If Company fails to meet a deadline but City staff sees evidence that Company is making diligent efforts to do so, the Director may, in exercise of his reasonable discretion, forgo the payment of all or part of the liquidated damages due hereunder. If the company fails to vacate and restore Tract 2 in accordance with the terms of this Permit on or before 11:59 p.m. on June 12, 2012, then the Company agrees to pay the City liquidated damages of Five Hundred Forty Dollars and No Cents ($540.00) for each day beyond the expiration of the Tract 2 License Period that the Company continues to occupy all or any portion of Tract 2 and/or fails to restore all or any portion of Tract 2 pursuant to the terms of this Permit. This amount is equivalent to the daily rate of an Access Permit and Workspace License Agreement for Harmon Field Park Page 3 of 50 approximate monthly rental amount of one dollar per square foot and the amount of daily lost revenue for park operations, which the City reasonably approximates the actual damages to the City for delay in regaining full and unencumbered use of the property. This amount shall be proportionately reduced to reflect the percentage of Tract 2 that has been restored and accepted by the City prior to the date on which liquated damages are to be imposed. If Company fails to meet a deadline but City staff sees evidence that Company is making diligent efforts to do so, the Director may, in exercise of his reasonable discretion, forgo the payment of all or part of the liquidated damages due hereunder. Access Road - To ensure the Company's diligence in complying with this Permit and to minimize impact to the Park, if the Company fails to maintain the Access Road in accordance with the terms of this Permit and such failure prevents the City's maintenance crew from accessing the affected portion of the Park for maintenance purposes, then the Company agrees to pay the City, as the City's sole and exclusive remedy for the Company's failure to adequately maintain the Access Road, liquidated damages of Six Hundred Thirty Dollars and No cents ($630.00) for each time the Company's failure prevents access. This amount is the equivalent to the bi-monthly maintenance cost, which the City reasonably approximates the actual damages to the City for delay in being able to maintain its Park. If Company fails to meet a deadline but City staff sees evidence that Company is making diligent efforts to do so, the Director may, in exercise of his reasonable discretion, forgo the payment of all or part of the liquidated damages due hereunder. V. 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. VI. Use Not Exclusive Access Permit and Workspace License Agreement for Harmon Field Park Page 4 of 50 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 permit 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. VII. Limitations on Use All Company equipment and materials shall be placed and maintained solely within the confines of Tract 1 and Tract 2 of the Licensed Premises, except as provided for otherwise in this Permit. Tract 3 shall be used solely for ingress and egress purposes, and no equipment or materials may be placed or maintained on Tract 3 except when in transit to or from Tracts 1 and 2. Company understands and acknowledges that access for all vehicles and other equipment is limited to the specific route designated as Tract 3 and that Tract 3 may be used only for the transport of equipment and supplies for construction of the gas pipeline and for no other purpose. No equipment, vehicles, or materials shall be allowed onto the Park's parking lot unless otherwise stated in this Permit or allowed by the Department The Company may use a tractor trailer to access the Park's parking lot for the purpose offloading and loading of matting material for pipeline stringing as described in exhibit "D, ' which is attached hereto and incorporated herein for all purposes. The Company shall install plastic or some other material under the tractor trailer to prevent any and all release of fluids that may be created by the tractor trailer in carrying out the purpose stated herein. At no time shall the Company store vehicles or park vehicles or store materials on the parking lot. If the Company causes any damages to the parking lot, then the City shall notify the Company, in writing, of the damage. The City shall determine, in its sole reasonable discretion, whether any damage has occurred and whether, under the terms of the Permit, the Company is responsible. The Company shall have fifteen (15) days from the date it received notice from the City to repair any damage to the parking lot. Notice shall be as prescribed and set forth in Section XXI All damage shall be repaired to the condition immediately preceding the occurrence of such damage or better and subject to the satisfaction of the City. If the Company fails to repair the damages, in whole or in part, or in a manner that is not satisfactory to the City, then the City shall determine, in its sole reasonable discretion, the amount of damage and the reasonable cost of repairing such damage. The cost of repairing any damage to the parking lot shall be due and payable by the Company within thirty (30) days after the Company's receipt of a written invoice from the City Access Permit and Workspace License Agreement for Harmon Field Park Page 5 of 50 Nothing contained in this Permit shall prevent the City from accessing its own equipment. The Company shall immediately grant the City that access if requested. Unless otherwise approved by the Department, the Company shall enter and leave the Park and access the Licensed Premises via US 287 only Use of any portion of the Park outside of the Licensed Premises shall not be permitted unless otherwise provided for in this Permit or by the Department. Access gates for temporary workspace shall be established prior to construction during the preconstruction meeting. 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. VIII. 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 and prior to commencing any work, Company shall: (i) install and maintain construction fencing as depicted in Exhibit E, which is attached hereto and incorporated herein for all purposes; and (ii) erect a controlled -access entry at US 287 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 tandem lock all gate and entry locks and provide Department with keys to access any such gate or entry. 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 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. IX. Protection of the Environment Access Permit and Workspace License Agreement for Harmon Field Park Page 6 of 50 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 create or aggravate any condition at the Park or the Licensed Premises that could present a threat to human health or to the environment. 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 stringing, drilling, and 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 Periods. The Company 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 list shall be given to City. X. Documenting Condition of Licensed Premises Company must provide the Department with videographic documentation of the condition of the Licensed Premises and the Park's parking lot 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 prior to the date on which the License Periods 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 Periods. Department staff will distribute copies of the documentation to all appropriate City personnel to determine whether any damage has been done to the Licensed Premises. XI. Minimizing Impact of Vegetation Company shall not cut or remove any trees on the Licensed Premises. Prior to beginning any construction, Company shall install fencing and matting as identified on the attached Exhibit E 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 F, which is attached hereto and incorporated herein for all purposes. Any fencing shall remain in place until such time as the Licensed Premises are restored pursuant to the terms of this Permit. XII. Minimizing Impact of Utilities The Company acknowledges the existence of City -owned water utilities in the Park and Access Permit and Workspace License Agreement for Harmon Field Park Page 7 of 50 Licensed Premises (including, but not limited to, waterlines, sewer lines, and storm drains and lines) and covenants and agrees to install protective matting over such utilities in accordance with Exhibit E 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. XIII. Timelines for Certain Required City Inspections For purposes of the City inspections required under Sections VIII, XI, and XII, if Company notifies the Department before noon that a required measure is ready to be inspected, City shall perform the inspection before the close of the same business day; if Company notifies the Department after noon that a required measure is ready to be inspected, City shall perform the inspection before noon on the next business day If the City has not performed the inspection by the applicable deadline, the Company may proceed without the required inspection. XIV. 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 X of this Permit. Any restoration required under this section must be completed by the Company and inspected and approved by the Director prior to the expiration of the appropriate License Period, unless otherwise agreed to in writing by the parties. Any holdover will be subject to the liquated damages provision provided for in Section IV. XV. Restoration of Surface and Subsurface of the Licensed Premises (Generally) To the extent any portion of the surface or subsurface of the Licensed Premises are damaged or disturbed in connection with Company's activities under this Permit, as determined at the sole discretion of the Department, 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 G, which is attached to this Permit and incorporated herein for all purposes as though it were set forth at length. In addition, the Company shall restore the surface of Tract 2 by replanting with Common Bermuda sod grass in accordance with the sodding specifications outlined in the attached Exhibit H and incorporated herein for all purposes. The Company shall restore the surface of Tracts 1 and 3 by doing the following: (i) reseeding with Common Bermuda Access Permit and Workspace License Agreement for Harmon Field Park Page 8 of 50 grass in accordance with the specifications set forth in Exhibit H 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 the exercise of reasonable discretion reject any plant material that does not meet the requirements of this section or Exhibit H or is otherwise unacceptable for one or more specific, clearly identified reasons. Any restoration required under this section must be completed by the Company pursuant to the terms of this Permit and inspected and approved by the Director prior to the expiration of the appropriate License Period(s), unless otherwise agreed to in writing by the parties. Any holdover will be subject to the liquated damages provision provided for in Section IV. XVI. Surface Monitorine and Restoration Due to Release of Fluids The Company or Company's contractor will monitor drilling mud pressures. Company or Company's contractor will have at least one employee walking the length of the bore/horizontal directional drill during actual drilling activity to monitor for any signs of drilling mud ebbing to the ground surface. Specifically, one or more individuals will be posted along the path of the bore to be looking for any mud that may be coming to the surface. The individual(s) will notify the crew foreman and the Company construction supervisor of any surface disturbance. The Company will have hard copies of the storm drain grid maps of the appropriate storm dram sheets at each bore/horizontal directional drill location. The Company or Company's Contractor will have Material Safety Data Sheets on site at all times during boring operations Company will utilize the below action plan as a contingency for potential surface disturbances as follows: (1) Post one or more individuals along the path of the bore to be looking for any mud that may be coming to the surface. This person(s) will notify the operator and supervision of any release of mud. (2) In the event of a release of fluids and upon detection, Company shall immediately notify the Director, detailing the location and nature of the release on or within the Park and commence with emergency containment Company will coordinate with the Director on the containment of release and be directed by the Director on restoration, removal, and any necessary alternate access routes to the location (3) The Company shall request from Director to specify the materials needed for restoration of Park. (a) Hay bales will be kept on site so that they can be placed out around the area where the mud is coming to the surface and can be contained. Access Permit and Workspace License Agreement for Harmon Field Park Page 9 of 50 (b) Company will provide the necessary equipment needed to test soils and clean up the site upon the Director's request. (c) A written contingency plan together with hay bales will be on site to protect all drainage systems along the bore path. (d) Protection will include erosion control measures which may include silt fence, bio tubes, hay bales or other methods to protect against any mud from entering the drainage system (e) Soil and grasses being used to restore the Park shall have all supporting documentation provided to the City certifying the quality meets or exceeds specifications required. All such planting material shall be inspected by the Director prior to installation and during the establishment period. Company will water each disturbed area as many times as necessary until a stand of grass comparable to that which was originally in place before the disturbance. (f) Area of containment shall be tested as directed by Director. Any restoration required under this section must be completed by the Company and inspected and approved by the Director prior to the expiration of the appropriate License Period, unless otherwise agreed to in writing by the parties. Any holdover will be subject to the liquated damages provision provided for in Section IV. XVII. 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. Material stored in a containment facility may remain on the Licensed Premises no longer than ten (10) calendar days following the date of excavation XVIII. 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, but not limited to, 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, but not limited to, 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 Access Permit and Workspace License Agreement for Harmon Field Park Page 10 of 50 negligence of the 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. XIX. 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. Types 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 Harmon Field Park Page 11 of 50 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. No Limitation of Liability Access Permit and Workspace License Agreement for Harmon Field Park Page 12 of 50 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. XX. 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 XXI. 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, or its authorized agent, employee servant, or representative, or (ii) received by the other party or its authorized agent, employee, servant, or representative 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 City Attorney 1000 Throckmorton Fort Worth, Texas 76102 XXII. Independent Contractor To COMPANY: Texas Midstream Gas Services, L.L.C. Attn. Ron Baranski, 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, Ste. 2900 Dallas, Texas 75201 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 Access Permit and Workspace License Agreement for Harmon Field Park Page 13 of 50 installation of the pipeline and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Company acknowledges that the doctrine of 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. XXIII. 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. XXIV. Comnliance 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. XXV. 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. XXVI. Force Majeure; 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; 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 laws 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 Access Permit and Workspace License Agreement for Harmon Field Park Page 14 of 50 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 cancel or postpone scheduled Company activity in the interest of public safety. XXVII. 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. XXVIII. Choice of Law; Venue This Permit 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 Petintit, 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. XXIX. Governmental Powers It is understood and agreed that by execution of this Permit, City does not waive or surrender any of its governmental powers. XXX. Authorization By executing this Permit, 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. :XXI. 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 1n conflict with the terms and conditions of this Permit. This Petinit shall not be amended unless agreed to in writing by both parties. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Access Permit and Workspace License Agreement for Harmon Field Park Page 15 of 50 By executing this Permit, Company agrees to and accepts the terms, conditions and provision contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Permit on the Effective Date. Texas Midstream Gas Services, L.L.C. By: Name: Rand} DeLaune Title: Area Manager itrovaa ta; gib ar-vt.44 (ate•eui A• lye ea, -arra 6Le Mkt • Access Permit and Workspace License Agreement for Harmon Field Park City of Fort -forth By: Susa Assis is ity Manager Approved as to Form and Legality: yler F. WaIlach Assistant City Attorney M&C L-15360 ATTEST: fly: � � Mai ayser Ci f Scretary i OFFICIAL J rtn :D CITY SECRET/ FT. VVO\;l�1;.,7±;z; Page 16 of 50 13 e (CM) First portion of Tract 1 - Labeled as additional workspace # 2 for this survey r 0 6 TEMPORARY WORKSPACE 11,254 SFr- 0.258 AC FOUND 1/2 IRON ROD Vy IABoa o- y `Po._ Asa -2 'o 0 e�- r� Exhibit B-1 Tract 1 EXHIBIT 10' FIBER OPTIC ESMT VOL 11310 PG 438 PARCEL 13 CITY OF FORT WORTH VOL 2473 PG 192 L7 (TR 17) L 43i:K 1• O/ 447 ass() �p5 (CM) FOUND 4"X4" TX DOT ALUM VOL 3197 PG 340 (TR22) CITY OF FT WORTH TRACT TX-TARR-WG1N-017.05 BLOCKS 4. 5. 6. 7. 8. 11. 12. 13. 14, 15 AND 16 EAST ADDITION VOL 106 PG 98 VOL 2510 PG 554 VOL 2829 PG 370 VOL 2458 PG 67 VOL 3197 PG 34-0 VOL 1961 PG 622 UN Et VOL 2186 PG 37 L1 L2 L3 L4 L5 L6 L7 IJNE TABLE BEARING DISTANCE I N15'45'18-W 18.23' S15'45'18"E 31.74' N74'14'42`E 50.00' N15°45'181'W 38 22' S15-45'18'E 30.88' I N74'14'42`E 40.00' I N15'45'18"W 36.07' (CM) CONTROL MONUMENT (ASSESSOR'S a4TA) APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.0001391 V: \52871 \ACTT VEN 87107355\DRAWING\2010164_WG1 N \EXHIBITS\201016 4_WG1 N _EXH IB I TS_017.05. D WG SEE SHEET 2 FOR LICENSE AREA INFORMATION OO(j DOWNTOWN DESIGN SERVICES. INC. 2333 MINNIS DRIVE. SUITE F HALTOM CITY. TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown—destan.com I I I I I I 1 13/22/12I ,1DM I DS REV. I DATE I BY I APP. REVISED WORKSPACES DESCRIPT1ON TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.05 CITY OF FT WORTH COUNTY OF TARRANT, STATE OF TEXAS ADDITIONAL WORKSPACE WEST GATE 1H NORTH DRAWN BY CHECKED BY PR OJECT ENGINEER SJ1u 10/14/11 I SCALE: 1" mg too' TF 10/14 j11 It 1 SECTION -D 0 50' 100' I 1.111.1.11.11 SHEET 5 OF B r Access Permit and Workspace License Agreement for Harmon Field Park Page 18 of 50 EXHIBIT DESCRIPTION OF ADDITIONAL WORKSPACE+ 2, AN ADDITIONAL WORKSPACE ACROSS A PORTION OF BLOCKS 7, 8, 11, 12 AND THE 25-FOOT RIGHT OF WAY OF FORMER WATER STREET EAST ADDITION FILED IN VOLUME 106 AT PAGE 98 ALSO DESCRIBED IN VOLUME 2510 AT PAGE 554, ACROSS A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2458 AT PAGE 67 AND ACROSS A 10-FOOT FIBER OPTIC EASEMENT DESCRIBED AS PARCEL 13 IN VOLUME 11310 AT PAGE 438 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY BOUNDARY OF A TRACT OF LAND DESCRIBED IN DEED TO ONCOR DELIVERY CO LLC (TRACT B) AS RECORDED IN VOLUME 3339 AT PAGE 661 FROM WHICH A FOUND 1/2" IRON ROD ON THE EASTERLY RIGHT OF WAY IJNE OF INTERSTATE 35W SHOWN ON STATE PROJECT NUMBER I35W-5(5)425 BEARS S48'29'O4"W 1,027.56 FEET; THENCE ALONG SAID EASTERLY BOUNDARY N4355'12"W 190.03 FEET* THENCE N1545118"W 18.23 FEET TO THE NORTHERLY BOUNDARY OF SAID BLOCK 7; THENCE ALONG SAID NORTHERLY BOUNDARY N68'51'21"E 74.11 FEET' THENCE S15'45'18SE 31.74 FEET* THENCE N741442"E 50.00 FEET: THENCE N15'45'18"W 38.22 FEET CROSSING THE WESTERLY BOUNDARY OF THE AFORESAID TRACT DESCRIBED IN VOLUME 2458 AT PAGE 67 TO ITS NORTHERLY BOUNDARY; THENCE ALONG SAID NORTHERLY BOUNDARY N6651'212E 52.64 FEET; THENCE SI5'45'18"E 30.88 FEET; THENCE N7414'421% 40.00 FEET; THENCE N15'45'18"W 36.07 FEET TO SAID NORTHERLY BOUNDARY; THENCE ALONG SAID NORTHERLY BOUNDARY N66511211% 85.01 FEET; THENCE S15'45'18"E 103.33 FEET TO THE EASTERLY BOUNDARY OF THE AFORESAID TRACT; THENCE ALONG SAID EASTERLY BOUNDARY S12'33'11"W 137.82 FEET; THENCE S7414'42"W 144.95 FEET CROSSING THE EASTERLY BOUNDARY OF THE AFORESAID TRACT DESCRIBED IN VOLUME 2510 AT PAGE 554 TO THE POINT OF BEGINNING; CONTAINING 46,998 SQUARE FEET OR 1.079 ACRES. BASS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBUC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: 02/26/09-02/28/12 (CM) CONTROL MONUMENT (ASSESSORS MW APPROXIMATE ABSTRACT UNE V: \52871 \ACTIVEV 87107355\DRAWING\2010164_WGl N\EXHIBITS\2010164_WGI N.SXH IBITS_017.05.OWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION 2W' DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRNE, SUITE F HALTOM CITY, TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown—deslan.com 1 REV. I I /22/I2I.01.1I OS DATE I BY (APP. REMSED WORKSPACES DESCRIPTION DANIEL A. SMITH R.P.L.S. NO. 4645 DATE OF SIGNATURE: 03/23/12 PROPOSED PIPEUNE CROSSING TRACT TX-TARR-WG1N-017.05 CITY OF FT WORTH COUNTY OF TARRANT, STATE OF TEXAS ADDITIONAL DESCRIPTION WEST GATE 1H NORTH DRAWN BY CHECXED BY PROECT €a1 S DN HEAD APPROVED RY SRAI 10/14/11 IF 10/14/11 SCALE: 1' .' N/A SHEET 6 OF 6 Access Permit and Workspace License Agreement for Harmon Field Park Page 19 of 50 A FXHIBIT CITY OF FORT WORTH TRACT TX-TARR-WG1 N-017.03 VOL 2458 PG 84 (1R 16A) ONCOR ELECTRIC DELIVERY CO LLC TRACT B VOL 3339 PG 661 (IRS 17H, 28, 12, 22B) TEMPORARY WORKSPACE# 3 16,048 SF 0.368 AC Remaining portion of Tract 1 - Labeled as additional workspace # 2 on this survey CITY OF FORT WORTH TRACT TX-TARR-WG1 N-017.01 VOL 2473 PG 195 (TR 17) IP 4, ADDITIONAL WORKSPACE# 2 36,424 SF 0.836 AC S66'51'2111W 52.64' S74141421'W 50.00' CITY OF FORT WORTH BLOCK 7 EAST ADDITION VOL 106 PG 98 (SUBO,/ 10530) FOUND 3/C IRON ROD (CM) 1 CITY OF FORT WORTH PORTION OF BLOCKS 8 & 11 EAST ADDITION VOL 106 PG 98 VOL 2458 PG 67 (5180/ 10530) LUN E# L1 L2 L3 L4 10' FIBER OPTIC EASEMENT PARCEL 13 VOL 11310 PG 438 TARRANT COUNTY WATER CONTROL VOL 2196 PG 209 POINT OF BEGINNING LINE TABLE BEARING N15'45118wW S15'45118wE N15'45'18'W S15'45'18tE DISTANCE 3.934 9.12' 11.78' 18.26' (CM) CONTROL MONUMENT (ASSESSOR'S DATA,) - APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.00013910 V: \52871\ACTIVE\187107355\DRAYi1NG\2010164_WG1N\EXHIBITS\2010164_WG1 N_XHIBITS_017.01.DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION rg_1,./C1i DatiNTONN DESIGN ACES, INC. 2333 MINNIS DRIVE, SUITS F HALTOM CITY, TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown—deeian.com 5 03/30/12 JSS 4 03/22/12 JDM 3 03/08/12 SJTM 2 10/06/11 STEM 1 06/24/11 %NM REV. DATE BY DS DS DS TF REVISED WORKSPACES REVISED WORKSPACES REVISED WORKSPACES REVISED UCENSE AREA TF !REVISE ADDITIONAL WORKSPACE APR DESCRIPTION DRAWN BY CHECKED BY PROTECT HEAD APPROVED RY TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1 N-017.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS ADDITIONAL WORKSPACE WEST GATE 1H NORTH JS5 06/15/11 SCALE: 1- = 100' DS OS/18/11 0 50' 100' SHEET 8 OF 9 Access Permit and Workspace License Agreement for Harmon Field Park Page 20 of 50 EXHIBIT DESCRIPTION OF ADDITIONAL WORKSPACE, 2 AN ADDITIONAL WORKSPACE ACROSS A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2473 AT PAGE 195 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS BEGINNING IN THE TRACT DESCRIBED IN SAID VOLUME 2473 AT PAGE 195 FROM WHICH THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2458 AT PAGE 84 MONUMENTED BY A FOUND 3/4' IRON ROD BEARS NO1'35137'E 379.86 FEET; THENCE S15'45'18'E 105.33 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT DESCRIBED IN VOLUME 2473 AT PAGE 195; THENCE ALONG SAID SOUTHERLY BOUNDARY S66'51'21"W 85.01 FEET; THENCE N15'45'18'W 3.93 FEET; THENCE S74114'42'W 40.00 FEET; THENCE S15'45'18'E 9.12 rtti TO SAID SOUTHERLY BOUNDARY; THENCE ALONG SAID SOUTHERLY BOUNDARY S66'51'21"W 52.64 FEET; THENCE N15'45'18'W 11.78 FEET; THENCE S7414'42'W 50.00 FEET; THENCE S15'45'18'E 18.26 FEET TO SAID SOUTHERLY BOUNDARY; THENCE ALONG SAID SOUTHERLY BOUNDARY 566'51'21"W 74.11 FEET; THENCE N15245'18"W 144.24 FEET; THENCE N7414'42"E 300.00 FEET TO THE POINT OF BEGINNING; CONTAINING 36,424 SQUARE FEET OR 0.836 ACRES. BASS OF OFJaltak BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERtsfEU IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: 10/21/10 - 02/28/12 DANIEL A. SMITH R.P.LS. NO. 4645 DATE OF SIGNATURE: 03/22/12 (CM) CONTROL MONUMENT (ASSESSORS O4T111 -APPROXIMATE ABSTRACT IDE COMBINED SCALE FACTOR: 1.00013910 V.: \52871\ ACTIVE \187107355\DRAtWING\2010164_KGIN\DMIBITS\2010164_NG1N_ExMBITS_017.D1.DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION �' DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRNE, SUITE F HALTOM CITY, TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown—destan.com 5 103/70/I2I JSS 4 I03/22/12I JDM 3 103/06/I2ISJDI 2 It0/06/17ISJTM 1 I06/24/11IJMM REV.I DAIS I BY DS I REVISED WORKSPACES DS I REVISED WORKSPACES DRAWN BY DS I REVSED WORKSPACES CHECKED BY TF I REVISED IJCENSE AAEA PROECT OPLCEB 1F !REVISE ADDRKNUL WORKSPACE SECnON HEM APP.+ DESCRIPTION IAPfflO° RY TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION WEST GATE 1H NORTH ,ES 06/15/11 DS 06/16/11 SCALE 1' a N/A SHEET 9 OF 9 Access Permit and Workspace License Agreement for Harmon Field Park Page 21 of 50 el T T - - - •. It F F T 'TH 1'' IT F F T TH vifir MEL P E E IT ..LE RE .11 r' i . • • ��- E•I TI r 1 EU E T -1-- F F T TN 1 -1 IT F F •• •�'M1- � � ti- `��.. TE TH Tract 1— Workspace A HE - ELE-Il -fT- EE UE �•••• •� ▪ ▪ `` •, T -TIE - T -TE 1E rr F F T -TH L T —T— — • ELET I ELIE lL • I -I R F F T T -' U. E E E I / T E TIE - I - -E is I . I 1 IT F F T TH TE tl— E: E U E T E -1TE - TE TE 4-4 0 ttO c a Access Permit and Workspace License Agreement for Harmon Field Park First portion of Tract 2 - Labeled as Temporary Workspace on this Survey TRACT 3 16 Exhibit B-2 Tract 2 1 CITY OF FT WORTH TRACT TX- TAR R-WG1 N-017.01 VOL 2473 PG 195 (7R 17) POINT OF BEGINNING Y 3 i t33 ci) J1 ta FOUND 1/2 IRON ROD 4 EXHIBIT N74'09'12"E 27.74' S15'50'48"E 15.00' N74'09'12"E \83.08' N15'50'48"W 15.00' 'O 6 5��.,....- N15'50'48"W 10.OQ' 5 TEMPORARY WORKSPACE EAST ADDITION 11,254 SF r VOL 106 PG 98 0.258 AC (5U8D,f' 105.30) CITY OF FORT WORTH TRACT TX-TARR-WG1 N VOL 2458 PG 75 TRACTS 1, 2 AND 3 (TT 18 dr 18A) 15 ADDITIONAL WORKSPACE# 1 32,591 SF 0.748 AC 17.00 VOL 3197 PG 340 (TR22) VOL 2186 PG 37 (77? 23) .0�.3 (CM)\ FOUND 4"X4" TX DOT ALUM CAP (CM) CONTROL MONUMENT (ASSESSOR'S DATA) - - - -- APPROXIMATE ABSTRACT UNE 14 CITY OF FT WORTH TRACT TX-TARR-WG1N-017.05 BLOCKS 4, 5, 6, 7, 8, 11, 12, 13, 14, 15 AND 16 EAST ADDITION VOL 106 PG 98 VOL 2510 PG 554 VOL 2829 PG 370 VOL 2458 PG 67 VOL 3197 PG 340 VOL 1961 PG 622 VOL 2186 PG 37 S1A O9 ONCOR ELECTRIC DELIVERY CO LLC - TRACT TX-TARR-1SG1 N-017.08 TRACT B VOL 333g PG 881 (7RS 1711, 28, 12, 22E0 4 lete COMBINED SCALE FACTOR: V: \52871 \ACTIVE\187107355\DRAWING\201018 4_WG1 N\EXHIBITS\201018 4-WG1 N _XH I BI TS-017.05. DWG LICENSE AREA TABLE CENTERIJNE LENGTH N/A LICENSE AREA N (A TEMP. WORKSPACE 11,254 tr ADD'L. WORKSPACE 79.589 Sr 1 N/A N/A 0.258 AC 1.827 AC i DOWNTOWN DESIGN SERVICES, INC. 2333 IAINNIS DRIVE, SURE F HALTOM CITY, TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown—destan.com 1 13/22/121 JDM I DS REV. l DATE I BY I APP. REVISED WORKSPACES DESCRIPTION 1.0001391 TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX- TARR- WG1 N-017.05 CITY OF FT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY WORKSPACE WEST GATE 1H NORTH DRBYAWN C> IECKED PI&ICT D VED RV SJTM 10/14/11 scat 1 • - 100' IF 10/14/11 1 0 50' 100' SHEET 2 OF 8 Access Permit and Workspace License Agreement for Harmon Field Park Page 23 of 50 EXHIBIT DESCRIPTION OF TEMPORARY WORKSPACE A TEMPORARY WORKSPACE ACROSS A PORTION OF BLOCKS 4; 5, 6 AND 7 EAST ADDITION FILED IN VOLUME 106 AT PAGE 98 ALSO DESCRIBED IN VOLUME 2510 AT PAGE 554 AND A ACROSS A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2829 AT PAGE 370 OF THE RECORDS OF' THE COUNTY OF TARRANT. STATE OF TEXAS. IN THE BEN F CROWLEY SURVEY. ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY BOUNDARY OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2473 AT PAGE 195 FROM WHICH A FOUND 4"x4" TX DOT ALUMINUM CAP ON THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 35W AS SHOWN ON STATE PROJECT NUMBER I35W-5(5)425 BEARS SOT 42'28"W 605.25 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT N88'51'21'E 157.45 FEET; THENCE N74'09'12'E 248.10 FEET: THENCE N15'50'48'W 15.00 FEET; THENCE N74'09'12wE 83.08 FEET; - THENCE S15'50'48'E 15.00 FEET; THENCE N74'091211 27.74 FEET TO THE WESTERLY BOUNDARY OF A TRACT OF LAND DESCRIBED AS TRACT B IN VOLUME 3339 AT PAGE 661; THENCE ALONG SAID WESTERLY BOUNDARY S43'55'12'E 34.00 FEET; THENCE S74'09112'W 122.73 FEET* THENCE N1550'48'W 10.00 FEET; THENCE S74609'12'W 406.37 FEET TO THE POINT OF BEGINNING; CONTAINING 11,254 SQUARE FEET OR 0.258 ACRES. (CM) CONTROL MONUMENT' (ASSESSOfr5 1MT4) APPROXIMATE ABSTRACT UNE V: \52871 \ACTIVE\187107355\DRAWNG\2010164_NG1N\EXWRITS\2010184_WGINJ%HIBITS_017.05.DWO TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION 22 ' DOWNIOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CRY, TX 78117 MI: 817-744-7927 Fax: 817-744-7929 www.downtown—dssian.com 1 REY. /22/12 DATE JDU BY DS APP. BUSED WORKSPACES DEWP11014 DRAM BY CHECKED BY PROJECT f_N C1 ON 1 sHEADi ROD IAPPRY PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.05 CITY OF FT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY DESCRIPTION WEST GATE 1H NORTH S.RY 10/14111 SCALE: 1 =N/A 1F 10/14/11 SHEET 3 OF 6 Access Permit and Workspace License Agreement for Harmon Field Park Page 24 of 50 FOUND 3/4n IRON ROD (CM) 1/31 1-1 FOUND 3/4W IRON ROD (CM) o EXHIBIT CITY OF FORT WORTH TRACT TX —TAR R—WG 1 N-017.03 VOL 2458 PG 84 (rR 16A) _N 32'49'08" W 75.64' POINT OF BEGINNING N5921'21"E 64.35' co "W INTERSTATE HWY 35W (ROW VARIES) N 2013152" W 36 4.37' N 15'30'30'W 27.69' Ne1'1O'O7"E 10.28' ADDITIONAL WORKSPACE# 1 1.368 SF 0.031 AC TEMPORARY WORKSPACE# 1 14.415 SF 0.331 AC Wt. 0,246t 0"+ CITY OF FORT WORTH TRACT TX—TARR—WG1 N—017.01 VOL 2473 PG 195 (TR 17) Remaining portion of Tract 2 - Labeled as Workspace # 2 on this survey 10' LICENSE AREA 5.101 SF 0.117 AC POINT OF BEGINNING N1 k.O9 _ 1 1�*. ' 115"5 '4.g"E 10.00' "j :374'09'12"W 7p.81' CITY OF FORT WORTH BLOCK 4 EAST ADDITION VOL 106 PG 98 (SUED! 10530) CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.04.01 VOL 2458 PG 75 TRACTS 2 AN D 3 (TR 18) ONCOR ELECTRIC DELIVERY CO LLC PARCEL 10 VOL 1108 PG 125 CITY OF FORT WORTH BLOCK 6 EAST ADD MON VOL 106 PG 98 (suso/ 10530) --- TEMPORARY WORKSPACE# 2 6.551 SF 0.150 AC 66 51'21 "W 157.45' ri _o 9 CITY OF FORT WORTH BLOCK 5 EAST ADDITION VOL 108 PG 98 (Sued# 105.30) (CM) coNTROL MONUMENr (ASSESSOR'S t1ATA) APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.00013910 V: \52871 \ACTIVE\1 a7107355\DRAWING\2010164_WG1 N \EXHIBITS \20101 54_WG1 N_EXHIBITS_017.O1.DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION DOWNTOWN DESIGN SERVICES. INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY. TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown—deeian.com 5 03/30/12 JSS 4 03/22/12 JD VI 3 103/08/12 SJTM 2 I10/06/11 SJTM 1 106/24/11 JMM REV. I DATE I BY DS DS DS TF TF APP. REVISED WORKSPACES REVISED WORKSPACES REVISED WORKSPACES REVISED LICENSE AREA REVISE ADDITIONAL WORKSPACE DESCRIPTION TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPEUNE CROSSING TRACT TX— TARR— WG1 N-017.01 CITY OF FORT WORTH COUNTY OF TARRANT. STATE OF TEXAS TEMPORARY WORKSPACE WEST GATE 1 H NORTH DRAWN BY CHECKED BY PROJECTEC Ceti HEAD APPROVED RY JSS DS OS/15/11 05/18/11 SCALE: 1 4. a 100' 0 50' 100' SHEET 4 OF 9 Access Permit and Workspace License Agreement for Harmon Field Park Page 25 of 50 EXHIBIT DESCRIPTION OF TEMPORARY WORKSPACE/1 2 A TEMPORARY WORKSPACE ACROSS A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2473 AT PAGE 195 OF THE RECORDS OF THE COUNTY OF TARRANT. STATE OF TEXAS. IN THE BEN F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING IN SAID TRACT FROM WHICH AN ANGLE POINT IN THE EASTERLY RIGHT OF WAY UNE OF INTERSTATE 35W AS SHOWN ON TEXAS DEPARTMENT OF TRANSPORTATION MAP FOR STATE PROJECT NUMBER I35W-5(5)425 MONUMENTED BY A FOUND 3/4'IRON ROD BEARS N2013'52'W 384.37 FEET - 'THENCE N74'09'12"E 374.80 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT; THENCE ALONG SAID SOUTHERLY BOUNDARY 566'S1'21"W 157.45 FEET; THENCE 574'09'12'W 157.79 FEET; THENCE S15'50'48"E 10.00 FEET; THENCE S74109'12"W 70.81 FEET' THENCE N8110'O7'E 10.28 FEET- THENCE PARALLEL WITH AND 30.00 FEET EASTERLY FROM SAID EASTERLY RIGHT OF WAY UNE N15'30'30"W 27.69 FEET TO THE POINT OF BEGINNING; CONTAINING 8.551 SQUARE FEET OR 0.150 ACRES. (CM) CONTROI. MONUMENT (AIRS MTV APPROXIMATE ABSIRCT LINE V: \52871\ ACTIVE \187107355\DRAWING\2010164_WG1N\EXHIBITS\2010154_WG1N_EXHIBITS_017.01.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION CIO( 1 DONMNTOW9 DESIGN SERVICES, INC. 2333 MINNIS DRIVE. SUITE F HALTOM CITY, TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown—destan.com 5 03/30/12I JSS DS 4 I03/22/12I JDN DS 3 I03/OB/12I SRM DS 2 I10/O6/11ISJTM TF 1 I06/24/11IJMM 1F REV.I DAIS I BY APP. REVISED WORKSPACES REVISED WORKSPACES REVISED WORKSPACES REVISED LICENSE AREA DRANK BY CHECKED BY ratan } REVISE AOOMONAL WORKSPACE SECTOR HEAD DESCRIPTION APPROVED RY PROPOSED PIPEUNE CROSSING TRACT TX-TARR-WGIN-017.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION WEST GATE 1H NORTH JSS OB/15/11 SCALE: I" =100' DS OS/18/11 SHEET 6 OF 9 Access Permit and Workspace License Agreement for Harmon Field Park Page 26 of 50 E- / • • ti T t - IT F F T IT FF-T TH E E T • f ;- E IT r IT F F T 'TH TE t TE Ns .:L E RE • * �` ..., .....ti t rF e E.1 TI r I T=t IT F F T - E I -I- a R F F - TM - 11- EE UE T E -TIE - T -T - TETE I - E TH Tract 2 (Worksp B) -Area associated with stringing of pipeline from the property HE - ELE -T1 • NiI4 ELET ELI E lL '' 1 • 00 F F T TE 1 — R E E U E 1 T E -TTE - S TE TE. I 1 1 I 1 1 1 -e I 1 1 ; _ I 1 __ - E 1 I 1 1 / ,* N. / r• e 1 / / t / TE - - / / /`-- I -:E / / t 1 - / • / / TE / 1 r -' IT- E E- U ,E / •/ T .E -TIE IT F F T .TM TE TE _•�- T•EEr i� .. - _4_ .1 • / • t' IT F F T iE -IT- E'E UE T E -1TE - TE TE TH Access Permit and Workspace License Agreement for Harmon Field Park Exhibit 13=3 Tract 3 - Ingress/Egress Route CITY OF FORT WORTH TRACT TX —TAR R—WG 1 N-017.03 VOL 2458 PG 84 (rR iSA) S70'38'39sE 34.97' N 11'33'20° W 59.68' TEMPORARY WORKSPACE# 3 16.048 SF 0.368 AC EXHIBIT s POINT OF BEGINNING CITY OF FORT WORTH TRACT TX—TARR—WG 1 N — 017.01 VOL 2473 PG 195 (rK 17) 1 ONCOR ELECTRIC DELIVERY CO LLC TRACT B VOL 3339 PG 661 (7Rs 17t-1, 28, 12, 22B) g 4f 243, 1 w cat Os 0' S7414'42"W ADDITIONAL WORKSPACE# 2 36.424 SF 0.836 AC CITY OF FORT WORTH BLOCK 7 EAST ADDCTION VOL 106 PG 98 (susol 10530) Tract 3 - Labeled as temporary workspace # 3 on this survey IRON ROD (CM) 10' FIBER OPTIC EASEMENT PARCEL 13 VOL 11310 PG 438 \` TARRANT COUNTY WATER CONTROL VOL 2196 PG 209 30.08' 1/ CRY OF FORT WORTH PORTION OF BLOCKS 8 do 11 EAST ADDITION VOL 106 PG 98 VOL 2458 PG 67 (SUB©/ 10530) (CM) CONTROL MONUMENT (ASSESSOR'S DATA) Ac7ROx1MATE ACT LINE COMBINED SCALE FACTOR: 1.00013910 V: \52871\ACTIVE\187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WG1N_EXHIBITS_017.O1.DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION DOWISITOWN DESIGN SERVMS. INS. 2333 MINNIS DRIVE, SUITE F HALTOM CITY. TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown—dersian.com 5 03/30/12 JSS DS 4 03/22/121 JDM I DS 3 03/O8/12ISJTMI DS 2 10/o8/11ISJTMI TF 1 06/24/11I JMM I TF REVISE REV. DATE I BY I APP. REVISED REVISED REVISED WORKSPACES WORKSPACES WORKSPACES REVISED LICENSE AREA ADDITIONAL. WORKSPACE \ HEAD APPROVED PY TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX —TAR R—WG1 N-017.01 CITY OF FORT WORTH COUNTY OF TARRANT. STATE OF TEXAS TEMPORARY WORKSPACE WEST GATE 1 H NORTH DRAWN BY CHECKED BY PROJECT DESCR1P110N JSS 06/15/11 DS 06/16/11 SCALE: 1" = 100' 50' 100' SHEET 5 OF 9 J Access Permit and Workspace License Agreement for Harmon Field Park Page 28 of 50 EXHIBIT DESCRIPTION OF TEMPORARY WORKSPAMM3 A TEMPORARY WORKSPACE ACROSS A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2473 AT PAGE 195 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN F CROWLEY SURVEY, ABSTRACT 307. DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF SAID TRACT FROM WHICH THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2458 AT PAGE 84 MONUMENTED BY A FOUND 3/4' IRON ROD BEARS S70'38'39 "E 243.27 FEET; THENCE 5113Y20 "E 34.35 FEET; THENCE S39MV46 -E 264.51 FEET; THENCE 51133'20'E 225.97 FEET; THENCE 574-14'42'W 30.08 FEET; THENCE N1133'20'W 220.82 FEET•, THENCE N39'OS'48'W 264.31 FEET; THENCE N1133'20'W 59.88 FEET TO SAID NORTHERLY BOUNDARY; THENCE ALONG THE AFORESAID NORTHERLY BOUNDARY 57038'39'E 34.97 FEET TO THE POINT OF BEGINNING; CONTAINING 16,048 SQUARE FEET OR 0.388 ACRES. N. 52671 SEE SHEET 2 FOR LICENSE AREA INFORMATION 13M i X PflONMi DESIGN SERIACES. IN 2333 MM M DRIVE. SURE F HALTOM MY. TX 76117 Tel: 617- 744 -7927 Fac 617- 744 -7929 (CM) CONIIEOL Mwmnii 1r PAY anp - - — AMPIWNWAIE AMPRAM LNE 0164 -WG1 N-EXHIBITS- 01 7.D1.DWG TEXAS MIDSTREAM GAS SERVICES TRACT TX- TARR -WGIN- 017.01 CITY OF FORT WORTH COUNTY OF TARRANT. STATE OF TEXAS REVISED WORKSPACES WEST CATE 1H NORTH RENSED WORKSPACES DRAMI .� 06/13/11 SCu r. 1' -100' REYK6FD WORKSPACES C11EOtED D'S 06/16/11 REV6ED UCENY AREA PROJECT ISE AODMON.L WORKSPACESCION DESCWT1ON -. --T a nr Access Permit and Workspace License Agreement for I larmon Field Park Page 29 of 50 r r - a. 44 ib, g • 1 �:0 i •r'. en 4 .4 II cE E IT E . ' E T •' 'k. Ar , 1 r. r,.` 'I)... ` .61 IT • F F:• T '.'f.. TH,' r: r , • i `.`; • r _ r T -T- - - fT FF•T Tr -I TE - E E. •I T 11 E•I TI r I EU E T T It F F T - E I -I rf F F - TH d • TE ,``� k••'� •+,� IT- E E U E- T E -TIE - l' = I'r _ _ `.•: • 1 -• .,r' ^�� TE 'TE IT F F . T -TH TH t a. I. '.E • HE - ELE -TT • ELE T 'I QJ E LL .4 •AI "TE IT- IT- E•E UE` ~'- r E'-lTE - I • I • 444.4 T T- TE TE mE F U -.f .T. 1 TH I —I FT F F T r it i 46, TTi I I TE IL E E U E f T E -7E - 1 la 1E TE. 1 a 4 1 7E. — 11. T r 1 it F F- T TH , i 1 # /-- TE I -:E .1 1 1 1 TE ' ~'- � ` '1 i IT- E E- U .E -_ �' T :E -TIE — TE TE' 1r 1 r T IT F F T TI TE - IT- E' E UE T E -TTE - TE TE Access Permit and Workspace License Agreement for Harmon Field Park Exhibit C Access Road and Related Park Maintenance Area Access from DART property must be maintained to allow PACSD maintenance equipment access to fields for maintenance. Soccer Field Area: PACSD access route to field from DART property Access Permit and Workspace License Agreement for Harmon Field Park Page 31 of 50 k -L E RE / • -`` E1TI T I E1J E IT F F T TH / .(7 / / ! / / !rJ r / / jai I E / E• Ir if • r1M r� ti A E �I ET• r / t r Perimeter Fence IT FF.- TH i. r. -I TE - E - E. I TE -IT- EE T E -TIE IE TE 11 E 1 -1 rr F F T TH ti 4 Nr guie • ...lei _ `_ • 1.,1 �1 -ft, �1. �s .N. HE - ELE -11 • Hannon Park Parking_Lot -No vehicles or equipment are allowed on the parking lot except a tractor trailer for the purpose of offloading and loading of matting for p ip eline stringing. At no time shall the field D erimeter fence be YE. -' Tr- E•+.E U .E - r E -TTE - TE'TE • -1- _ 1T1E F -LL -.E T •4 TH / • / J rr. FF T TH rE EE: UE -TTE - TE TE lE E _ � 1 1 ♦` IT F F T TH/ r / TE if/ / // // I - E / / r / TE ET- EE UE T .E TIE - 'TE TE r r .�/ -a T IT F F T TE IT- E•E UE T E -TIE - TE TE TH Access Permit and Workspace License Agreement for Harmon Field Park Access Permit and Workspace License Agreement for Harmon Field Park b co 0 EA.n r a EU E aisting Chain Link Fence to remain in Where the fence istobe opened on this end., security will need to be provided for protection of the fields. FENCING MATTING EXHIBIT Chain link fencing for tree protection t]t.I t [U E U_ Area to be matted for sewer crossing Area to be matted for sewer Exhibit F Damage 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 apphcable, will classify damage to trees as slight, 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 Forester, 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 Access Permit and Workspace License Agreement for Harmon Field Park Page 34 of 50 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. Access Permit and Workspace License Agreement for Harmon Field Park Page 35 of 50 Exhibit G Earthwork Policy 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, on any plans, or at the preconstruction meeting. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Site Preparation as per the Permit. B. Grading Plan: Refer to plan sheets. PART 2 - PRODUCTS 2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation, unless separately designated, within the limits of the work. Unclassified excavation includes all material encountered regardless of its nature or the manner in which it is to be excavated. 2.02 UNCLASSIFIED FILL A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native materials removed in unclassified excavation, or similar imported materials, 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 (6") of native surface soil left in place after the ground cover of herbaceous vegetation and other objectionable matter has been cleared by "blading," or trenching. Topsoil may be greater or less, than the upper six inches (6") in depth. Access Permit and Workspace License Agreement for Harmon Field Park Page 36 of 50 2.04 IMPORTED FILL A. Imported fill materials shall be used for the construction of earth embankment in the event that (1) the volume of unclassified excavation is less than the volume of fill required for earth embankment and/or (2) the condition of materials removed in unclassified excavation makes them unsuitable for use in the construction of earth embankment. B. The Contractor shall haul and place imported fill obtained from off -site sources as necessary to construct the embankment and various other details of the construction plans. All costs related to such imported fill will be included in the contract price, and no additional or separate payment for imported fill will be due the Contractor. C. A sample of the proposed imported fill must be provided by the Contractor and be approved by the Owner In general, imported material must be equal to or better than native material in quality and engineering characteristics. The Architect/ Engineer may also require the Contractor to provided a material analysis test of the proposed fill. 2.05 SELECT MATERIALS A. Select materials shall be imported from offsite sources, unless they are available from specifically designated areas on the site as marked on the plans. 2.06 UNSUITABLE MATERIALS A. Topsoil, select material, imported fill, or unclassified fill will be declared as "unsuitable" by the Owner if, in his opinion any of the following conditions or matter and particles are present to a degree that is judged detrimental to the proposed use of the material. 1. Moisture 2. Decayed or undecayed vegetation 3. Hardpan clay, heavy clay, or clay balls 4. Rubbish 5. Construction rubble 6. Sand or gravel 7. Rocks, cobbles, or boulders 8. Cementious matter 9. Foreign matter of any kind B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200. C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of high moisture content, the Architect/Engineer may grant the Contractor permission to process the material to reduce the moisture content to a usable optimum condition Access Permit and Workspace License Agreement for Harmon Field Park Page 37 of 50 PART 3 - EXECUTION 3.01 SITE PREPARATION: In general, "site preparation," shall be performed in advance of grading and earthwork operations and shall be completed over the entire area of earthwork operations. 3.02 TOPSOIL A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin Likewise, topsoil will be replaced after excavation and embankment construction are complete. B Removal: Topsoil shall be stripped to an average depth of six inches (6") from areas where excavation and embankment construction are planned. Topsoil may be obtained from greater depths if it is uncontaminated by the substratum and it is of good quality, in the opinion of the Architect/Engineer. C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will later receive the topsoil Stockpiles shall be out of the way of earthwork operations in locations approved by the Owner or Architect/Engineer. Stored topsoil shall be kept separate from other excavated materials and shall be protected from contamination by objectionable materials that would render it unsuitable. D. Timing Topsoil will not be replaced (deposited) until construction activities are complete that would create undesirable conditions in the topsoil, such as overcompaction or contamination Trenching for items such as electrical conduit and irrigation pressure lines must be complete before topsoil replacement may begin. D. 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 inch in diameter or they shall be removed. All rocks of one inch or greater shall also be removed. Grading operations and equipment will be such that topsoil does not become overcompacted. Bulldozer blades and front-end loader buckets are not acceptable devices for topsoil grading operations. Final grading within five feet of constructed or installed elements shall be hand raked. G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in plane, even in gradient (slope) uniform in surface texture, and of normal compaction. Areas of loose granular pockets or of overcompacted soils are not Access Permit and Workspace License Agreement for Harmon Field Park Page 38 of 50 acceptable and will be reworked. Finished areas will promote surface drainage and will be ready for turfgrass planting. 3.03 UNCLASSIFIED EXCAVATION A. All excavated areas shall be maintained in a condition to assure proper drainage at all times, and ditches and sumps shall be constructed and maintained to avoid damage to the areas under construction. B. Surplus Material: 1 Surplus excavation is that quantity of material that may be left over after the grading plan is executed, and all earthwork operations, including excavation, embankment construction, topsoil replacement, and final grading, are completed. Any other surplus material shall be disposed of as 'waste" and dumped off site. All such cost for removal shall be considered as incorporated into Earthwork costs C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise indicated on the plans, excavation in solid rock shall extend six inches (6") below required subgrade elevation for the entire width of the area under construction and shall be backfilled with suitable materials as indicated on the plans. 3.04 EARTH EMBANKMENT A. Earth embankment is defined as embankment composed of suitable materials removed in unclassified excavation and/or imported fill. The construction of embankment includes preparing the area on which fill is to be placed and the depositing, conditioning, and compaction of fill material. B. General: Except as otherwise required by the plans, all embankment shall be constructed in layers approximately parallel to the finished grade of the graded area, and each layer shall be so constructed as to provide a uniform slope as shown on the grading plan. Embankments shall be constructed to correspond to the general shape of the typical sections shown on the plans, and each section of the embankment shall correspond to the detailed section or slopes established by 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 twenty five (25) tons except as otherwise specified for tree protection and areas inaccessible to vehicular compactors Stump holes or other small excavations in the limits of the embankments shall be backfilled with Access Permit and Workspace License Agreement for Harmon Field Park Page 39 of 50 suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground, including plowed, loosened ground, or surfaces roughened by small washes or otherwise, shall be restored to approximately its original slope by blading or other methods, and, where indicated on the plans or required by the Owner, the ground surface, thus prepared, shall be compacted by sprinkling and rolling. D. Scarification: The surface of all areas and slopes over which fill is to be placed, other than rock, shall be scarified to a depth of approximately six (6") inches to provide a bond between the existing surface and the proposed embankment. Scarification shall be accomplished by plowing, discmg or other approved means. Prior to fill placement, the loosened material shall be adjusted to the proper moisture content and recompacted to the density specified herein for fill. E. Benching: Scarification is normally adequate for sloping surfaces. However, in certain cases where fill is to be placed against hillsides or existing embankment with slopes greater than 4 1, the Owner may direct the Contractor to key the fill material to the existing slopes by benching A minimum of two feet (2') normal to the slope shall be removed and recompacted to insure that the new work is constructed on a firm foundation free of loose or disturbed material. F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread, not to exceed eight (8') inches in loose depth before conditioning and compaction. Unless otherwise permitted, each layer of fill material shall cover the length and width of the area to be filled and shall be conditioned and compacted before the next higher layer of fill is placed. Adequate drainage shall be maintained at all times. G. Watering* At the time of compaction, the moisture content of fill material shall be such that the specified compaction will be obtained, and the fill will be firm, hard and unyielding. Fill material which contains excessive moisture shall not be compacted until it is dry enough to obtain the specified compaction. H. Compacting* Each layer of earth fill shall be compacted by approved tamping or sheepsfoot rollers pneumatic tire rollers, or other mechanical means acceptable to 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 Access Permit and Workspace License Agreement for Harmon Field Park Page 40 of 50 A. Earth Embankment in General • Earth embankment shall be compacted in lifts at a minimum of ninety percent (90%) of Standard Density ASTM D698 with plus four percent (4%) or minus two percent (2%) percentage points of optimum moisture content B. Earth Embankment Under Structures and Pavement* The top six (6") inches of natural earth comprising the subgrade for structural slabs or for areas of pavement shall be ninety five percent (95%) to ninety eight percent (98%) of Standard Density ASTM D698 with the moisture content at minus two percent (2%) to plus four percent (4%) of optimum moisture content. 3.06 MOISTURE MAINTENANCE* The specified moisture content shall be maintained in all embankments that are to function as subgrade for structures, areas of pavement, or for select embankment After completion of the embankment, the Contractor shall prevent excessive loss of moisture in the embankment by sprinkling as required Loss of moisture in excess of two percent (2%) below optimum in the top twelve inches (12") of the fill will require that the top twelve inches (12 ') of the embankment be scarified, wetted and recompacted prior to placement of the structure, select fill or pavement If desired, the Contractor may place an asphalt membrane of emulsified or cutback asphalt over the completed embankment and thus eliminate the sprinkling requirement. 3.08 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. Access Permit and Workspace License Agreement for Harmon Field Park Page 41 of 50 Exhibit H Seeding and Sodding 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 (See hxhibit G) 1.02 REFERENCE STANDARDS A. Standardized Plant Names 1. For exotic plant materials. American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller B. Texas Highway Department Standard Specifications for Construction, Item 164, ` Seeding for Erosion Control" and Item 180, "Wildflower Seeding". 1.03 SUBMITTALS A. Seed 1. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed (PLS) b. Name and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one hundred (100) miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing, prior to planting. 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS Access Permit and Workspace License Agreement for Harmon Field Park Page 42 of 50 A. Planting Season: The season varies according to species (see Part 2 - Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. B. Schedule After All Other Construction and planting is complete. C. Protect and Maintain Seeded Areas 1 From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The contractor who plants the seeds whether the general contractor or a subcontractor, is responsible for daily supervision of his crew, and for the planting and maintaining of seedlings until acceptable, viable growth is achieved and the project accepted by the City. PART 2 - PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed (PLS = purity x germination) per acre. Substitution of individual seed types due to lack of availability shall be made only by the City at the time of planting. The Contractor shall notify the City, prior to bidding, of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Any adjustment of area location by the City shall be considered incidental and shall not entitle the Contractor to additional compensation. Weed seed shall not exceed ten percent (10%) by weight of the total of pure live seed (PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean, dry and harvested within one year of planting. 1. Non-native grass seed shall consist of: If planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name Purity Germination 25 Bermuda (unhulled) Cynodon dactylon 85% 90% 75 Bermuda (hulled) Cynodon dactylon 95% 90% Access Permit and Workspace License Agreement for Harmon Field Park Page 43 of 50 Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium multiflorum 82% 80% 40 Bermuda (unhulled) Cynodon dactylon 84% 85% 2 Native grass seed - The seed shall be planted between February 1 and October 1 and shall consist of: Lbs. PLS/Acre 1.6 5.5 3.7 17.0 1.8 0.5 6.0 8.0 1.2 1.8 10.0 Common Name Green Sprangletop Sideoats Grama* Little Bluestem* Buffalograss Indian Grass* Sand Lovegrass* Big Bluestem Eastern Grama Blue Grama Switchgrass Prairie Wildrye* Botanical Name Leptochloa dubia Bouteloua curtipendula Schizachyrium scoparium Buchloe dactyloides Sorghastrum nutans Eragrostis trichodes Andropogon gerardii Tripscacum dactyloides Bouteloua gracilis Panicum virgatum Elymus canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three (3) feet of a walkway. 3 Wildflower seed All wildflower seeds are to be hand broadcast, (see 3.02,A). The seed shall be planted between March 5 and May 31 or between September 1 and December 1 and shall consist of: Lbs. PLS/Acre 3.0 5.0 2.0 3.0 13.4 13.6 2.0 8.0 8.0 2.0 18.0 2.0 3.0 2.0 8.0 Common Name Bush Sunflower Butterfly Weed Clasping Coneflower* Golden - Wave Illinois Bundleflower Partridge Pea Prairie Verbena Texas Yellow Star Winecup Black-eyed Susan Cutleaf Daisy Obedient Plant Pitcher Sage Plains Coreopsis Scarlet Sage Botanical Name Sinsia calva Asclepias tuberosa Rudbeckia amplexicaulis Coreopsis basalis Desmanthus illinoensis Cassia fasciculata Verbena bipinnatifida Lindheimeri texana Callirhoe involcrata Rudbeckia hirta Engelmannia pinnatzfida Physostegia intermedia Salvia azurea Coreopsis tinctoria Salvia coccinea *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. Access Permit and Workspace License Agreement for Harmon Field Park Page 44 of 50 4. Temporary erosion control seed When specified on the plans, temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in this section. B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper -by-products (waste products from paper mills or recycled newspaper) 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten percent (10%) moisture, air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding b. Where applying fertilizer on newly established seeding areas - 100 pounds of Nitrogen per acre. c. Where applying fertilizer on established seeding areas - 150 pounds of Nitrogen per acre. D. Water: Shall be furnished by the Contractor at no cost to the Owner by means of temporary metering / irrigation, water truck or by any other method necessary to achieve viable, acceptable stand of turf specified herein of this specification. The water source shall be clean and free of industrial wastes or other substances handful 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 three weeks or until project is accepted by the City. E Erosion Control Measures 1. For seeding application in areas up to 3 1 slope, use cellulose, fiber or recycled paper mulch, (see 2.01, B Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater, use the following soil retention blanket (Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1-800-777-SOIL. Access Permit and Workspace License Agreement for Harmon Field Park Page 45 of 50 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 PART 3 - EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: 1. Stumps, stones, and other objects larger than one inch. 2. Roots, brush, wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling 1. In all compacted areas till one inch (1") deep. 2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half (1/2") inch inside 'drip line" of trees. C. Watering: Soil should be watered to a minimum depth of four inches within forty eight (48) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. 3. Never cover seed with more soil than twice its diameter. 4. For wildflower plantings, scalp existing grasses to one (1") inch, remove grass clippings, so seed can make contact with the soil B. Mechanically Seeding (Drilling): If mechanically seeding (drilling) the seed or seed mixture the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All varieties of seed, as well as fertilizer may be distributed at the same time provided that each component is uniformly applied at the specified rate Seed shall be drilled at a depth of from one quarter inch to three eighth inch (1/4"- 3/8' ) utilizing a pasture or rangeland type drill. All drrllmg 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. Access Permit and Workspace License Agreement for Harmon Field Park Page 46 of 50 3.03 MULCHING A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre. 2. Sandy soils, sloping surfaces - minimum 1 800 lbs./acre. 3. Clay soils, flat surfaces - minimum 2,500 lbs./acre. 4. Clay soils sloping surfaces - minimum 3,000 lbs./acre. 5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious. C. Apply within thirty (30) minutes after placement in equipment Keep mulch moist, by daily water application, if necessary: 1. For approximately twenty-one (21) days, or 2. Until seeds have germinated and have rooted in soil, as specified herein, and project has been accepted by the City. 3.04 MAINTENANCE AND ACCEPTANCE A. Includes protection, replanting, maintaining grades and immediate repair of erosion damage until the project receives final acceptance. Refer to Part 2 — 2.01 D. for watering requirements to be executed by the contractor. B. All areas requiring revegetation shall have 100% established stand coverage prior to City acceptance. C. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A "stand' shall be defined as a. Bermuda/Rye grasses: 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. Access Permit and Workspace License Agreement for Harmon Field Park Page 47 of 50 SECTION 02930 - TURF SODDING PART 1-GENERAL 1.01. DESCRIPTION A. Work Included: This work includes all Iabor, materials and equipment for soil preparation, fertilization, planting and other requirements regarding turfgrass sodding shown on the plans. B: Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller 1.03 SUBMITTALS Samples certificates and specifications of sod, fertilizer, compost, soil amendments or other materials may be requested by the City. All delivery receipts and copies of invoices for materials used for this work shall be subject to verification by the City. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Sod: Harvesting and planting operations shall be coordinated with not more than forty eight hours elapsing between the harvesting and planting. Fertilizer 1. Unopened bags labeled with the. analysis. 2. Conform to Texas Fertilizer Law. 1.05 QUALITY CONTROL The Developer/Contractor who plants the sod is responsible for supervision of his crew, while planting the sod and maintaining the sod until the project is accepted by the City. TURF SODDING 02930 -I- Access Permit and Workspace License Agreement for Harmon Field Park Page 48 of 50 PART 2 PRODUCTS 2.01 SOD A. The sod shall be Buchloe dactyloides ("Prairie" Buffalograss) and shall consist of stolons, leaf blades, rhizomes and roots with a healthy, virile system of dense, thickly matted roots throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive, healthy and vigorous and shall be free of insects, disease, stones and undesirable foreign , materials and grasses. Sod shall have been produced on growing beds of clay or clay -loam: topsoil. The sod shall not be harvested or planted when its moisture condition is so excessively wet or dry that its survival will be affected. If sod is stacked, it shall be kept moist and shall be stacked roots -to -roots and grass -to -grass. B. The sod shall be cut in strips four feet wide to be laid parallel with the contours. 2.02 FERTILIZER A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. B. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area two weeks after sodding. C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. The fertilizer rate shall be 45 pounds of nitrogen per acre. 2.03 WATER The water shall be furnished by the Developer/Contractor and shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, the sod should be soaked one time per day for three weeks or until established. Soaking is mandatory after spreading the fertilizer. 2.04 COMPOST All compost material is to be totally organic and decomposed for at lease nine months. All compost is to be clean and free of fungus, disease live plants, seed, excessive cotton lint and any harmful chemicals. 'New Life Soil Conditioner" or "Perma Green Compost", as specified below or an approved equal, shall be used. Raw organics are not acceptable. A. For soil with an alkaline nH condition: Use "New Life Acid Gro" (acid pH) soil conditioner as produced by Soil Building Systems of Dallas or an approved equal. B. For soil with an acidic off condition: Use "Perma Green Compost" by Texas Earth Resources, Inc. of Dallas, or "New Life Natural Grower" (ph 8.0 to 9.0) by Soil Building Systems, Inc., of Dallas. Sample and Specification Submittal: Submit a producer's specification and a quart sample of the compost proposed for the City's approval TURF SODDING 02930 2- Access Permit and Workspace License Agreement for Harmon Field Park Page 49 of 50 Imo re PART 3 - EXECUTION 3.01 GENERAL All turfing operations are to be executed across the slope, parallel to finished grade contours. 3.02 SOIL PREPARATION A. Scarify subgrade to a depth of three inches before depositing the required topsoil. B. Tillage shall be accomplished to loosen the topsoil, destroy existing vegetation and prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel - type breaking plow, chisels set not more than ten inches apart. Initial tillage shall be done in a crossing pattern for double coverage, then followed by a disc harrow. Depth of tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted with sod. C. Cleaning: Soil shall be further prepared by the removal of debris, building materials, rubbish weeds and stones larger than one inch in diameter. D Fine Grading: After tillage and cleaning, all areas to be planted shall be topdressed with one-half inch compost and then shall be leveled, fine graded, and drug with a weighted spike harrow or float drag The required result shall be the elimination of ruts, depressions, humps and objectionable soil clods This shall be the final soil preparation step to be completed before planting. 3.03 PLANTING Prior to laying the sod, the planting bed shall be raked smooth to true grade and moistened to a depth of four inches, but not to the extent causing puddling. The sod shall be laid smoothly, tightly butted edge to edge, and with staggered joints. The sod shall be pressed firmly into the sod bed by rolling or by hand tamping with an approved tamper so as to eliminate all air pockets, provide a true and even surface, and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas Following compaction, compost shall be used to fill all cracks between sods. Excess compost shall be worked into the grass with suitable equipment and shall be well watered The quantity of compost shall be such that it will cause no smothering or burning of the grass 3.04 FERTILIZING Twenty-one days after planting, turfgrass areas shall receive an application of 3-1-2 fertilizer at the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning. END OF SECTION TURF SODDING 02930 -3- Access Permit and Workspace License Agreement for Harmon Field Park Page 50 of 50 M&C Review Page 1 of 3 COUNCIL ACTION: Approved on 5/1/2012 DATE: 5/1/2012 REFERENCE NO.: L-15360 LOG NAME: Official site of the City of Fort Worth, Texas FORT WORTH 80HARMON FIELD PARK GAS PIPELINE AND GAS VALVE STATION CODE: L TYPE: NON- PUBLIC YES CONSENT HEARING: SUBJECT: Conduct a Public Hearing and Authorize Use of a Portion of Harmon Field Park for Installation of an Eight Inch Natural Gas Pipeline, a 1,400 Square Foot Gas Valve Station and a 240 Square Foot Access Drive, Authorize Execution of a License Agreement with Texas Midstream Gas Services, L.L.C., in the Amount of $50,066.80, Accept a Donation from Texas Midstream in the Amount of $18,000.00 and Authorize Execution of a Ninety Day Temporary Access and Workspace Agreement with Texas Midstream in the Amount of $118 231.37 (COUNCIL DISTRICT 8) 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 the use of Harmon Field Park for the location of the proposed natural gas pipeline, gas valve station and access drive; 3. Find that the proposed natural gas pipeline, gas valve station and access drive include all reasonable planning to minimize harm to the parkland including that the proposed use will be constructed in Harmon Field Park as specified on the attached exhibits and as noted in the discussion below; 4. Close the public hearing and authorize the use of approximately 0.209 acre of dedicated parkland of Harmon Field Park for the installation of an eight inch natural gas pipeline, 1,400 square foot (35 feet by 40 feet) gas valve station and 240 square foot access drive; 5. Authorize the execution of a license Agreement with Texas Midstream Gas Services, L.L.C., for Harmon Field Park in the amount of $50,066.80; 6. Accept donation of $18,000.00 from Texas Midstream Gas Services, L.L.C., for future the park; and 6. Authorize the execution of a 90 day temporary workspace and access Agreement with Gas Services, L.L.C., for Harmon Field Park in the amount of $118,231.37 with proceeds future improvements at Harmon Field Park. Harmon Field Park - located at 1501 Martin Luther King Freeway, Mapsco 63X - 63Y and 77B - 77C, east of North South Freeway SR NB, west of West Fork Trinity River, south of the Trinity Railway Express RR, in COUNCIL DISTRICT 8. DISCUSSION: improvements at Texas Midstream dedicated to The purpose of this Mayor and Council Communication is to perform and authorize actions associated with the installation of an eight inch natural gas pipeline, an above ground gas valve station and an access drive at Harmon Field Park. Those actions include conducting a public hearing and authorizing the use, authorizing execution of a pipeline license Agreement, accepting a donation and authorizing a temporary access and workspace Agreement. http://apps.cfwnet org/council_packet/mc_review.asp7ID=16697&councildate=5/1/2012 5/18/2012 M&C Review Page 2 of 3 Texas Midstream Gas Services, L.L.C. (TMGS) initially contacted Staff in the Parks and Community Services Department (PACSD) with a proposal to install a second pipeline at Harmon Field Park to transport minerals from under downtown properties, including City and other government facilities. The City Council had previously approved installation of a 20 inch pipeline through the park and under the Trinity Levee (M&C L- 15178 for the park and M&C C-24920 for the levee). In connection with the construction of that line, TMGS was required to pay standard pipeline fees totaling $142,778.64 ($104,720.65 for the park and $38,057.99 for the levee) and also agreed to construct a 49,806 square foot concrete parking lot valued at approximately $205,000.00 in lieu of paying for certain surface use and tree removal fees. After its initial contact with Staff, TMGS learned that the Army Corps of Engineers would not allow the company to make a second crossing under the levee for the proposed pipeline. TMGS then contacted PACSD with a revised request that included addition of an above ground valve station to allow the second pipeline to interconnect with the previously approved and installed line so that gas could be transported under the levee. In presenting and revising its plans for the site, TMGS has agreed to a number of conditions that are intended to minimize the impact to the park. The site locations for the pipeline, valve station and access road were made in consideration of the Harmon Field Park Master Plan (see attached exhibit). TMGS will maintain the existing fence line along the soccer fields and will provide security for the duration of the construction In installing the pipeline, TMGS has agreed to maintain a minimum depth of five feet for areas being installed using trenching and a minimum depth of 10 feet for areas installed via boring. In addition, installation of the pipeline is scheduled to take place outside of soccer season with construction anticipated to start May 8 2012 and be completed by June 12, 2012, which is the last day of the Athletics section's off season maintenance period. The company also agreed to a number of conditions associated with the valve site. The proposed above ground valve station will be screened by masonry panel walls that are at least six feet high and that are suitably landscaped. (A picture showing an example of this type of enclosure is attached.) In addition, bollards will be installed within the enclosure to provide additional security for the valve station. TMGS has also agreed that its accessing of the valve station will be primarily for maintenance purposes, which are anticipated to occur no more than four times per year and will be scheduled around the operations of the athletic fields. The valve station will also serve as an emergency release site, but only in a back up capacity. The valve station at the company's Westgate Pad Site will continue to serve as the primary emergency release facility for the Westgate pipeline. As proposed, the Agreement would allow for an eight inch natural gas pipeline beneath the park located within a 10 foot wide pipeline license area for a total footprint of 7 470 square feet. The above ground valve station will allow the two pipelines to interconnect, will provide access for routine cleaning and maintenance and will include multiple blow off valves associated with pipeline safety. The total area needed for the valve station is approximately 1 400 square feet (35 feet by 40 feet). In addition, the Agreement would allow construction of a 24 foot by 10 foot access drive to allow TMGS to reach the valve site. The area needed for the access drive is 240 square feet. In addition, TMGS has requested the use of 118,231.27 square feet of parkland as temporary access and workspace for transporting and staging construction equipment and materials to facilitate construction of a line crossing under the Interstate 35/Highway 287 right-of-way. As consideration for installation and operation of the pipeline, valve station and access drive TMGS will pay the City $50,066 80 for the 20 year license period. This amount consists of $36,154.80 for the pipeline (747 linear feet multiplied by the City's standard pipeline fee of $48 40 per linear foot) $7 000.00 for the valve station (1 400 feet times $5.00 per square foot) and $6,912.00 for the access drive (240 square feet multiplied by $28.80 per square foot) In exchange for the temporary access and workspace TMGS has agreed to pay the City $118,231 37 for the 90 day license period. This amount equates to $1.00 per square foot, which is consistent with mitigation fees previously charged for this type of use. In addition to the required consideration, TMGS has proposed a donation of $18,000.00 for future improvements at Harmon Field Park. Following completion of the project, TMGS will also be required to restore the park to a condition that is at least as good as the one in which it existed prior to construction. Fees for the pipeline and above ground valve station ($43,154.80 total) will be distributed in accordance with the provisions in the City's Financial Management Policy Statements addressing gas related revenues. The http://apps.cfwnet org/councit_packet/mcjeview.asp?Ia=16697&councildate=5/1/2012 5/18/2012 M&C Review Page 3 of 3 mitigation fees associated with the access drive and temporary workspace ($125,143.27) will remain with the park for future park improvements, which is consistent with previous City Council authorization for mitigation fees for similar items placed on parkland. In addition, the $18,000.00 donation will stay with the park in accordance with the donation's terms. On March 28, 2012, the Park and Community Services Advisory Board voted in favor of TMGS's request for use of parkland in Harmon Field Park as proposed. In accordance with state law public notice of the proposed use was advertised in the Fort Worth Star-Telearam on April 2 2012, April 10, 2012, and April 17, 2012 An exhibit map was available for public review for 30 days at the PACSD administrative offices located at 4200 South Freeway, Suite 2200. On April 3, 2012, a letter announcing the proposed use was sent to the presidents of the Latin Soccer Association, Independent Soccer Association, United Riverside Neighborhood Association and the Community Leader of the Butler Resident Association Signage was posted at the site noting the proposed use and providing instructions for directing comments to the Parks and Community Services Department. Staff will note any public comments that have been received during the public hearing as part of the Report of City Staff. Harmon Field Park is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the Parks and Community Services Department is responsible for the collection and deposit of funds due to the City. TO Fund/Account/Centers C282 466266 801929961700 $125.143.37 GC10 446300 006060001000 $21.577.40 T127 446300 006127099901 $21.577.40 C282 488200 801929961700 $18.000.00 FROM Fund/Account/Centers Submitted for Citv Manager's Office bv: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS Aerial Alignment Map mc.pdf aerial Map rev.pdf Master plan mc.pdf Pipeline route map.pdf Valve station.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=16697&councildate-5/1/2012 5/18/2012