HomeMy WebLinkAboutContract 42928 (2)TEMPORARY ACCESS PERMIT AND �SECRETARY
� a� a4'
CONTRACTC�NO.. _..,..__. --
WORKSPACE LICENSE AGREEMENT
FOR RIVER PARK
This Temporary Access Permit and Workspace License Agreement for River Park
("Permit") is made and entered into by and between the City of Fort Worth (hereinafter referred
to as "City"), a home -rule municipal corporation organized under the laws of the State of Texas,
acting by and through its duly authorized Assistant City Manager, and Barnett Gathering, LP
(hereinafter referred to as "Company"), a Texas limited partnership, acting by and through its
duly authorized Attorney -in -Fact.
The following statements are true and correct and constitute the basis on which the City
has executed the Permit:
A. The City owns a certain piece of property known as River Park (the "Park"), 3100
Bryant Irvin Road, Fort Worth, Texas 76116, more particularly described as an
11.63 acre tract of land situated in the Edward Wilburn Survey, Abstract No.
1635, Tarrant County, Texas and being, in part, those certain tracts of land
described in deed to City of Fort Worth as recorded in Volume 9263, Page 424 of
the Deed Records of Tarrant County, Texas.
B. Company wishes to use certain designated portions of the Park as temporary
workspace necessary for storage of materials and equipment and for stringing of
pipeline.
C. The City has reviewed Company's request and agrees to grant Company use of
the designated portions of the Park in accordance with the terms and conditions of
this Permit.
Agreement
I. Term
The term of this Permit shall consist of one (1) license period of ninety (90) consecutive
calendar days ("License Period"). The License Period shall commence on the tenth
business day following the date on which this Permit is executed by the City
("Commencement Date") and shall end at 11:59 P.M. on the ninetieth day following the
Commencement Date ("Expiration Date"). Except as otherwise provided in Section XIV,
no use of or access to the Park or the Licensed Premises shall be allowed outside of the
designated License Period.
Company's rights in the Licensed Premises hereunder shall be strictly limited and shall
fully and absolutely terminate and be of no further force and effect at the conclusion of
the License Period except as otherwise provided in Section XIV. Except as otherwise
provided in Section XIV, after the License Period ends, all rights of the Company in and
to the Licensed Premises shall, automatically and without the need for any further
documentation, fully and unconditionally terminate, whereupon the Company shall have
no right of entry or use of the Licensed Premises whatsoever.
02-21-12 A09: 1 7 IN
Access Permit and Workspace License Agreement for River Park
OFFICIAL RECORD
CITY SECRETARY
woovi,
Page 1 of 15
II. Consideration; Liquidated Damages for Holdover
Within five (5) days of the date on which this Permit is fully executed, 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 Twenty Six Thousand Six Hundred and Fifteen Dollars ($26,615.00) as
full and complete compensation for the rights and pi ivileges granted under this Permit.
In addition, to ensure Company's diligence in complying with this Permit and to
minimize impact to the Park, if the Company fails to vacate the Licensed Premises on or
before the Expiration Date, the Company agrees to pay the City, as the City's sole and
exclusive remedy for the Company's failure to vacate the Licensed Premises prior to the
Expiration Date, liquidated damages of Eight Hundred Eighty Seven Dollars ($887.00)
per day for each day beyond the Expiration Date that the Company continues to occupy
the Licensed Premises. This amount is the equivalent of a monthly rental rate of
approximately one dollar per square foot, which the parties agree reasonably
approximates the actual damages to the City for delay in regaining full and
unencumbered use of the property.
III. 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 consideration to be provided hereunder and the
other covenants and promises expressed herein, the City does hereby agree to license to
the Company during the License Period the use of the following two tracts of land
(collectively the "Licensed Premises") located in River Park (the "Park"), 3100 Bryant
Irvin Road, Fort Worth, Texas 76116:
Tract One - Large Workspace
Being a 0.587 acre tract of land situated in the E Wilburn Survey Abstract No.
1635, Tarrant County, Texas and being a portion of that certain called 3.941 tract
of land described as Park Area (West) in deed to the City of Fort Worth as
recorded in Volume 9263, Page 424 of the Deed Records of Tarrant County,
Texas. Said 0.587 acre tract of land being more particularly described by metes
and bounds as follows:
BEGINNING at a 1/2 inch iron rod found marking the most northerly corner of
said 3.941 acre tract, common with the most southerly southeast corner of that
certain 2.555 acre tract of land described in deed to R/P LPC II, LTD. as recorded
in Instrument No. D205138465 of the Deed Records of Tarrant County, Texas,
also in the westerly line of that certain 878/1000 acre tract of land described in
deed to Texas Electric Service Company as recorded in Volume 2590, Page 120
of the Deed Records of Tarrant County, Texas;
THENCE with the common line of said 3.941 acre tract and said 878/1000 acre
tract, S 18°30'45 ' W, a distance of 162.50 feet to a point;
Access Permit and Workspace License Agreement for River Park Page 2 of 15
THENCE severing, over and across said 3.941 acre tract as follows:
N 80°21' 11" W, a distance of 4.20 feet to a point;
S 55°53'44" W, a distance of 273.61 feet to a point;
N 34°06'16" W, a distance of 75.00 feet to a point;
N 55°53'44" E, a distance of 336.99 feet to a point;
N 18°44'19" E, a distance of 34.27 feet to a point in the most northerly
northwest line of said 3.941 acre tract, common with the most southerly
southeast line of said 2.555 acre tract;
THENCE with said common line, N 55°49'07" E, a distance of 41.46 feet to the
POINT OF BEGINNING, and containing 0.587 acres or 25,570 square foot of
land, more or less.
The location of Tract One is shown on Exhibit A-1, which is attached hereto and
incorporated herein for all purposes as though it were set forth at length.
Tract Two — Small Workspace
Being a 0.024 acre tract of land situated in the E Wilburn Survey, Abstract No.
1635, Tarrant County, Texas and being a portion of that certain called 1.078 tract
of land described as park area (east) in deed to the City of Fort Worth as recorded
in Volume 9263, Page 424 of the Deed Records of Tarrant County, Texas. Said
0.024 acre tract of land being more particularly described by metes and bounds as
follows:
BEGINNING at a point in the westerly line of said 1.078 acre tract,
common with the easterly line of that certain 878/1000 acre tract of land
described in deed to Texas Electric Service Company as recorded in Volume
2590, Page 120 of the Deed Records of Tarrant County, Texas, said point bears N
18°22'47" E, a distance of 488.70 feet from a 1/2 inch iron rod found marking the
southwest corner of said 1.078 acre tract;
THENCE with said common line, N 18°22'47" E, a distance of 82.64 feet
to a point;
THENCE severing, over and across said 1.078 acre tract as follows:
S 00°51'45" E, a distance of 78.13 feet to a point;
S 89°22'35" W, a distance of 27.23 feet to the POINT OF BEGINNING,
and containing 0.024 acres or 1,045 square foot of land, more or less.
Access Permit and Workspace License Agreement for River Park Page 3 of 15
The location of Tract Two is shown on Exhibit A-2, which is attached hereto and
incorporated herein for all purposes as though it were set forth at length
The parties agree and acknowledge that the bearings used in describing the boundaries of
the Licensed Premises are based on the Texas State Plane Coordinate System, NAD 83 (CORS),
North Central Zone, derived from GPS observations.
IV. Acceptance of Licensed Premises
The Company takes all portions of the Licensed Premises and all appurtenances in "AS
IS" condition without any express or implied warranty on the part of the City. The
Company accepts the Licensed Premises in their present condition, finds them suitable
for the purposes intended, and further acknowledges that Company is thoroughly familiar
with such condition by reason of personal inspection and does not rely on any
representations by the City as to the condition of the Licensed Premises or their
suitability for the purposes intended. The Company accepts the Licensed Premises
subject to any and all previously recorded easements that may have been granted on,
along, over, under, or across said property, and releases the City from any and all
damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees,
or trespassers by reason of the exercise of such rights or privileges granted in said
easements. The Company's taking possession of the Licensed Premises shall be
conclusive evidence that: (a) the Licensed Premises are suitable for the purposes and
uses for which same are licensed, and (b) the Company waives any and all defects in and
to the Licensed Premises and all the appurtenances thereto. The City shall not be liable
to the Company, its agents, employees, contractors, subcontractors, invitees,
licensees, or guests for any damage to any person or property due to the acts or
omissions of the Company, its agents, employees, contractors. or subcontractors,
unless such damage is caused by the gross negligence or willful misconduct of City
or its agents, employees, separate contractors, or subcontractors.
V. Use Not Exclusive
This Permit and all rights granted to Company herein are strictly non-exclusive. The City
reserves the right to enter into and grant other and future licenses, leases, and other
authorizations for use of the Park and the Licensed Premises to other persons and entities
as the City deems appropriate in accordance with applicable law; provided, however, that
in granting subsequent authorization for use, the City will not allow a use that will
unreasonably interfere with the Company's use of the Licensed Premises as provided
herein. This Permit does not establish any priority for the use of the Park or the Licensed
Premises by the Company or by any present or future licensees or other 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.
Access Permit and Workspace License Agreement for River Park Page 4 of 15
VI. Limitations on Use
The Company may not initiate any construction on the Licensed Premises (including, but
not limited to, any excavation work) until Company has provided the City with a copy of
a valid permit for crossing the Trinity River issued by the Army Corps of Engineers and
copies of all agreements with Oncor Electric Delivery for use of land required for this
project.
The Company shall schedule a pre -construction meeting with staff in the Parks and
Community Services Department at least three (3) business days prior to initiating any
construction on the Licensed Premises (including, but not limited to, any excavation
work). The pre -construction meeting shall be for purposes of outlining Company's plans
and schedules regarding: (i) mobilization and access to property, (ii) minimizing
construction impact on vegetation and the Park in general, and (ii) restoration of all
affected parkland and amenities.
All Company equipment and materials shall be placed and maintained solely within the
confines of the Licensed Premises. Company understands and acknowledges that access
to the Licensed Premises shall be accomplished from Bryant Irvin Road. Use of any
portion of the Park outside of the Licensed Premises shall not be permitted.
VII. Public Safety
Company shall be solely responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with Company's use of the Licensed Premises
and the Park.
At a minimum, Company shall: (i) install and maintain construction fencing as depicted
in Exhibit B; and (ii) erect a controlled -access entry in the perimeter construction fencing
in the form of a gate, chain link fence, or similar structure to ensure that unauthorized
personnel cannot enter the Licensed Premises. Following installation of the fencing and
controlled -access entry, the Company shall contact the Department to inspect for proper
installation. The controlled -access entry shall be kept locked when not in use, and the
Company shall provide the Department with keys for all fence and entry locks. At no
time shall any fenced area be left open unless staffed by security personnel.
In addition, Company shall provide construction and maintenance signs and sufficient
barricades at work sites to protect the public. The use of traffic control devices shall be
consistent with the standards and provisions of Part VI of the Texas Manual on Uniform
Traffic Control Devices. Company shall utilize appropriate warning lights at all
construction and maintenance sites where one or more traffic lanes are closed or
obstructed during nighttime conditions. Company shall also take all necessary
precautions and shall provide all necessary protection to prevent damage, injury, or loss
to (a) all persons accessing portions of the Licensed Premises on which any construction
is being performed by or on behalf of the Company; (b) all work performed on or from
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
Access Permit and Workspace License Agreement for River Park Page 5 of 15
stored on or off the Licensed Premises; and (c) other property on or adjacent to the
Licensed Premises.
For barricade structures constructed along Bryant Irvin Road, the Company shall be
required to apply for all necessary permits to ensure that installation and equipment meet
the requirements of the Transportation and Public Works Department and the Parks and
Community Services Department. Staff from both departments shall be entitled to
inspect the barricade structures during and after the installation process.
VIII. Protection of the Environment
The City has no knowledge of any Hazardous Materials on, under, over, or about the Park
or the Licensed Premises as of the execution date of this Permit and hereby represents
and warrants that it shall not knowingly, nor permit any third party to, use, handle, or
store any Hazardous Materials on, under, over, or about Park or the Licensed Premises in
violation of any applicable laws. Company shall not handle or store any Hazardous
Materials on the Licensed Premises or the Park, except that the Company may, in
compliance with applicable environmental laws and the teiiiis of this paragraph, use and
store Hazardous Materials in such amounts and types that are commonly used in
connection with pipeline boring operations, provided, however, that Company
specifically agrees to (1) place impermeable liner material around the entire perimeter of
the borehole to contain all fluids associated with pipeline horizontal directional drilling
and (2) remove any and all spilled or overflow fluids from the Park on or before the close
of each business day during the License Period. 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.
Company shall take commercially reasonable steps to avoid creating or aggravating any
condition at the Park or the Licensed Premises that could present a threat to human health
or to the environment.
IX. Documentine Condition of Licensed Premises
Company must provide the Parks and Community Services Department with
videographic documentation of the condition of the Licensed Premises, including any
underground utilities, as they exist both before and after installation of the pipeline. All
such video must include a visible date and time stamp indicating when the videography
occurred. Company must submit documentation of the pre -installation condition at least
five (5) business days prior to the date on which the License Period will commence
under Section I of this Permit. Post -installation documentation must be submitted no
Access Permit and Workspace License Agreement for River Park Page 6 of 15
later than five (5) business days after the last day of the License Period. Parks and
Community Services 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.
X. Minimizing Impact to Vegetation
Company shall not cut or remove any trees on the Licensed Premises. To minimize
damage during construction, the Company shall install orange mesh fencing on the
outside drip line of trees and other vegetation specifically identified by the Parks and
Community Services Department at a pre -construction meeting. Company shall notify
this department once the tree and vegetation protection measures have been installed and
allow the department an opportunity to inspect the work before construction begins. The
City shall have at least two business days following the date on which notice is received
to conduct its inspection. The Company may begin construction on or after the third
business day following the date on which it provided notice to the City unless the City
contacts the Company and identifies specific issues that render the tree and vegetation
protection measures unacceptable. If any tree within the Park is damaged in connection
with Company's operations Company agrees to undertake remediation efforts, including
paying of remediation costs, in accordance with Exhibit D, which is attached to this
Permit and incorporated herein for all purposes as though it were set forth at length.
XI. Minimizing Impact to Utilities
If the Company encounters any utility infrastructure (including, but not limited to,
electric lines, waterlines, sewer lines, storm drains and lines, or gas lines) in the course of
or in connection with Company's use of the Licensed Premises, the Company covenants
and agrees to cease construction operations and install protective matting over or around
such utilities in compliance with specifications approved by the City's Water Department
or by the Parks and Community Services Department. Following installation of the
matting, Company shall contact the Parks and Community Services Department to
arrange for inspection and approval by appropriate City personnel.
The Company shall provide the Parks and Community Services Department with a copy
of the City's inspection report within twenty-four (24) hours of receiving the report and
prior to resuming construction in the Park. The Company may resume construction on
the next day after the date on which it provides the inspection report and specifications to
the Parks and Community Services Department unless that department contacts the
Company and identifies specific issues that must be addressed.
XII. Restoration of Improvements
To the extent any property, fence or other improvement is destroyed, removed, or altered
in connection with the Company s activities under this Permit, the Company shall, prior
to the Expiration Date, reconstruct and restore such improvement in a good and
workmanlike manner to a condition that is equal to or better than the one in which such
improvement existed as of the date this Permit is fully executed, as evidenced by the pre -
installation video required under Section IX of this Permit.
Access Permit and Workspace License Agreement for River Park Page 7 of 15
XIII. Restoration of Surface and Subsurface of Licensed Premises
To the extent any portion of the surface or subsurface of the Licensed Premises or of the
Park is damaged or disturbed in connection with Company's activities under this Permit,
the Company shall prior to the Expiration Date, 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 compression ratio of and least 90% and in accordance with
all applicable laws. Company shall provide the City with a report or other written
documentation acceptable to the Parks and Community Services 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 F, which is attached to this Permit and incorporated herein for
all purposes as though it were set forth at length.
In addition, Company shall, prior to the Expiration Date, restore the surface of the
Licensed Premises by: (i) establishing replacement turf of Common Bermuda grass in
accordance with the specifications outlined in the attached Exhibit E and using reseeding,
sodding, or other method approved by the Parks and Community Services Department;
and (ii) watering these areas as needed until the replacement vegetation is reasonably
established and has been approved and accepted by the Parks and Community Services
Department. Prior to planting, Company shall provide the Parks and Community
Services Department with documentation certifying the type and quality of the materials
to be planted. The Parks and Community Services Department may, in exercise of
reasonable discretion, reject any plant material that does not meet the requirements of this
section or Exhibit E or is otherwise unacceptable for one or more specific, clearly
identified reasons.
XIV. Discretionary Limited Access to Care for and Establish Vegetation
Company may request limited access to the Licensed Premises to water, care for, and
establish replacement vegetation required under Section XIII (` Limited Access"). A
request for Limited Access must be made in writing and delivered to the Parks and
Community Services Department at least two weeks prior to the Expiration Date.
Replacement vegetation or seed must be in place at the time the request is made.
The Parks and Community Services Department may, in its reasonable discretion,
authorize Limited Access for a period not to exceed two weeks from the Expiration Date.
During the Limited Access period, no Company materials or equipment may remain on
the Licensed Premises with the exception of equipment directly involved in irrigation and
temporary fencing used to protect areas being restored. Company's use of the Licensed
Premises under Limited Access in accordance with this Section shall not constitute
holdover or a delay in restoration for purposes of Section I or Section XV.
Access Permit and Workspace License Agreement for River Park Page 8 of 15
XV. Delay in Restoration
To ensure Company's diligence in complying with this Permit and to minimize impact to
the Park and except as otherwise provided in Section XIV, if the Company fails to
complete all required restoration on or before the Expiration Date, the Company agrees to
pay the City liquidated damages of Eight Hundred Eighty Seven Dollars ($887.00) per
day for each day beyond the Expiration Date that restoration remains incomplete. This
amount is the equivalent of a monthly rental rate of approximately one dollar per square
foot, which the parties agree reasonably approximates the actual damages to the City for
delay in regaining full and unencumbered use of the property.
XVI. Removal of Excavated Materials
Company shall ensure that all drilling mud spoils and all excess material excavated by or
for Company are removed from the Park and properly disposed of within twenty-four
(24) hours of excavation unless such material is stored in a containment facility. Material
stored in a containment facility may remain on the Licensed Premises no longer than ten
(10) calendar days following the date of excavation.
XVII. Submission of As -Built Plans for Pipeline
The Company shall, at its sole cost and expense, provide the City with four (4) paper
copies and two (2) electronic copies of the as -built plans for all portions of the gas
pipeline lines located within the Park, including all associated maps and other supporting
documentation. In addition, the Company agrees to fully cooperate with the City in
ensuring that the pipeline is accurately reflected in the City s mapping systems.
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 all damage or
injury to standing or fallen timber, buildings, fences, equipment, and all other property,
whether real or personal.
Company covenants and agrees to and does hereby indemnify, hold harmless, and
defend, at its own expense, City, its officers, servants and employees, from and
against any and all claims or suits for property loss or damage and/or personal
injury, including death, to any and all persons, of whatsoever kind or character,
whether real or asserted, arising out of the acts or omissions of the Company, its
officers, agents, employees, subcontractors, invitees, licensees, and trespassers.
Company likewise covenants and agrees to, and does hereby, indemnify and hold
harmless City from and against any and all injuries, damage, loss, or destruction to
property of City during the performance of any of the terms and conditions of this
Permit. However, the indemnity provided for in this paragraph shall not extend to
any liability resulting from the sole negligence of the 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
Access Permit and Workspace License Agreement for River Park Page 9 of 15
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, unless caused by the City's willful
or gross negligence.
XIX. INSURANCE
Duty to Acquire and Maintain
Company shall ensure that a policy or policies of insurance are procured and maintained
at all times, in full force and effect, to provide coverage of the types and amounts
specified herein, naming the City as an additional insured 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:
$1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for the
following: (i) Premises Liability, (11) independent contractors; (iii) products/completed
operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse, and
underground property damage
Property Damage Liability:
$1,000,000.00 per occurrence
Umbrella Policy
$5,000,000.00
Environmental Impairment Liability (EIL) &/or Pollution Liability
$2,000,000 per occurrence
$5,000,000 aggregate
Access Permit and Workspace License Agreement for River Park Page 10 of 15
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, all such
revisions requested by the City will be implemented. The policy or policies of insurance
shall be endorsed to provide that no material changes in coverage, including, but not
limited to cancellation, termination, non -renewal, or amendment, shall be made without
thirty (30) days' prior written notice to the City.
Underwriters and Certificates
Company shall ensure that insurance is procured and maintained with underwriters who
are authorized to do business in the State of Texas and who are reasonably acceptable to
the City in terms of solvency and financial strength. Within ten (10) business days
following execution of this Permit, Company shall ensure that City is furnished with
certificates of insurance signed by the respective companies as proof that the types and
amounts of insurance coverage required herein have been obtained. In addition,
Company shall, on demand, provide the City with evidence that it has maintained such
coverage in full force and effect.
Deductibles
Deductible or self -insured retention limits on any line of coverage required herein shall
not exceed $500,000.00 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
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.
Access Permit and Workspace License Agreement for River Park Page 11 of 15
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, its agent, employee,
servant, or representative, or (ii) received by the other party by reliable overnight courier
or United States Mail, postage prepaid, return receipt requested, at the address stated
below or to such other address as one party may from time to time notify the other in
writing.
To THE CITY:
Director
Parks and Community Services
City of Fort Worth
4200 South Freeway, Ste 2200
Fort Worth, Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn Denis C. McElroy
1000 Throckmorton
Fort Worth, Texas 76102
XXII. Independent Contractor
To COMPANY:
Edwin S. Ryan, Jr.
Barnett Gathering, LP
810 Houston Street
Fort Worth, Texas 76102
With a copy to:
It is expressly understood and agreed that Company shall operate as independent entity in
each and every respect hereunder and not as an agent, representative, or employee of the
City. Company shall have the exclusive control and the exclusive right to control all
details and day-to-day operations and activities relative to operation of the Company and
installation of the pipeline and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors, subcontractors, 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.
Access Permit and Workspace License Agreement for River Park Page 12 of 15
XXIV. Compliance with Laws and Regulations
In operating under this Permit, Company agrees to comply with all applicable federal,
state, and local laws, regulations, and ordinances, including all City ordinances, charter
provisions, and rules, regulations, and requirements of the City s Police, Fire, Code
Compliance, Transportation and Public Works, and Health Departments.
Company will not knowingly do or suffer to be done anything on said Licensed Premises
during the terms of this Permit in violation of the laws, statutes ordinances, rules,
regulations, charter provisions, directives or requirements referenced in this Permit. If
the City calls the attention of Company to any such violation on the part of said Company
or any person employed by or admitted to said Licensed Premises by Company,
Company will immediately (or otherwise as soon as reasonably possible) desist from and
correct such violation and/or vacate the Licensed Premises.
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. Third Parties
Nothing in this Permit shall be construed in any manner to create a cause of action for the
benefit of any person not a party to this Permit, or to create any rights not otherwise
existing at law for the benefit of any person not a party to this Permit. Nothing in this
Permit shall be deemed to constitute a waiver of any immunity or affirmative defense that
may be asserted by Company or the City as to any claim of any third party.
XXVII. Force Maieure: Homeland Security
If either party is unable, either in whole or part, to fulfill its obligations under this Peiniit
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
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
Access Permit and Workspace License Agreement for River Park Page 13 of 15
Red Alert, the City, in its sole discretion, may cancel or postpone scheduled Company
activity in the interest of public safety.
XXVIII. 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.
XXIX. 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 Peiinit, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern Disti Let of
Texas - Fort Worth Division.
XXX. Governmental Powers
It is understood and agreed that by execution of this Permit, City does not waive or
surrender any of its governmental powers.
XXXI. 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.
XXXII. Entirety of Agreement
This instrument (including all attachments, schedules, and exhibits attached hereto)
constitutes the entire understanding and agreement of the City and Company as to use of
the Licensed Premises and the Park. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and
conditions of this Permit. This Permit shall not be amended unless agreed to in writing
by both parties.
By executing this Permit, Company agrees to and accepts the terms, conditions and provision
contained herein.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Access Permit and Workspace License Agreement for River Park Page 14 of 15
IN WITNESS WHEREOF, the parties hereto have executed this Permit this c;O1 day of
gyp„ , 201jin Fort Worth, Tarrant County, Texas.
V
Barnett Gathering, LP City of Fort Worth
By: --
Edwin S. Ryan, Jr.
Attorney -in -Fact
Date:
ATTEST:
By:
e ctia 02ottz
By:
AssiCity Manager
Date: atIa'tIhr
A ved aForm and Legality:
By: C
Denis . McEI
Assistant City orney
Contract Authorization: M&C L-15285
ATTEST:
OFFICIAL RECORD
CITY SECRETARY
(fir
r, a'.- tii i
Access Permit and Workspace License Agreement for River Park
Page 15 of 15
EXHI IT "A"
PLATTE LEGAL DESC" '. ! PTIN
Company may only use approximately 3 3 9.18 linear feet crossing the Park as depicted below:
EXHIBIT "A"
TA R R A N T COUNTY. TEXAS.
111 RIVER PARK PLACE
CAB. A. SUDE 10754
1.11.
4
_J'
5-11
cip t
4N
R/P LPC I1. LTD.
INSTRUMENT O D205138465
CALLED 2.555 ACRES
HOD DRILL RIG
APPROXIMATE
LOCATION
(SEE DETAIL)
ktirOP
,>>- •
CITY of FORT WORTH
VOL. 9263, PG. 424
PARK AREA (NEST)
CALLED 3.941 ACRES
ct
las CA
c.Q
Q`
U p
Lam, �+ 0
ice
Cr.
a
c,h m."
,r
TEMPORARY WORK SPACE
(1.045 SO. FT.)
Qmat
c771 CC
U.' W
alt
OD
LA. 4
�- ,• Eiji
�e "it`.
4110
GC,,: 1� O`aoj� TG�
? NN eCu��`c�O O c,
`�Q
BRYANT IRVIN RD.
as.
/te as
s
•
•
tee.
411.
•
ECA
ciel‘ cta.er PC LC
Gp V 1'L`'-'��
fl
•
•
= TREE
gel = Th E E
FSEPARM. f3Y:
MI.STRht; ENCINEEHINIn, L.N,
TEXAS UCE•I:ED SJWEtIN0 4.4
RccIST! AHOY r.o. IOO4p5-nz
4150 INTERN AflcNCL PLAZA. SUITE Sz'J
FCI47 'AC*"TH. TEX 45 - 76I t1 T
G1-1Ct%E IS': 7- 4 J 5— 0,...1C0
100
DATE
BY
PROJECT NO.
0
D E5CR IVT1O N
15954
1 Cl1,
= 1 001
cps. MUS TA 14/G `1�' f'%tytc t� �t. C'
r= 347' /et•P , T �S.S
L . P.
C H K
200
DETAIL.
(MAY NOT BE ACTUAL DRILL RIG
USED)
1 BARN ETT' GATHERING,
L.P.
CRAWFORD CLEARFORK TEMP. WORKSPACE ON PROPERTIES OF
CITY OF FORT WORTH PARK AREA
TAR RANT COUN7y.
DRAWN 13Y: W c93 ()ATE:
C8/03/1 1
CHECKED L3Y:
SCALE- 1 ' - 100' I APP.:
DWG. NJ0. REV.
ary PARK SKETCH 0
EXHIBIT "A"
TARRANT COUNTY. TEXAS
R/P LPC II, LTD.
INSTRUMENT # D205138465
CALLED 2.555 ACRES
CITY OF FORT WORTH
VOL. 9263, PG. 424
PARK AREA (WEST)
CALLED 3.941 ACRES
a.
VO w
O
ty
. 0
GCS\
1,0 AO
I Co
W !
FND. 1/2" I.R.
(CM)
/
NOTE:
SURVEY LINES ARE APPROXIMATE
(CM) - CONTROL MONUMENT
TEMPORARY WORK SPACE = 0.024 ACRES OR 1,045 SO. FT.
DESCRIBED ON EXHIBIT "B" ATTACHED HERETO
'oi
-
FND. 1/2" I.R.
(CM)
0
CITY OF FORT WORTH
VOL. 9263, PG. 424
PARK AREA (EAST)
CALLED 1.078 ACRES
ILLIAM C. BODEN
REV. DATE BY
•
o 1932 ; •
-.op cOete
SU�
DESCRIPTION CHK.
PROJECT NO. 15954
MUSTANG ENGINEERING, L . P.
FORT WORTH, TEXAS
7
AM C. BODEN
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO. 1932
BEARINGS BASED ON TEXAS STATE PLANE
COORDINATE SYSTEM NAD 83 (CORS), NORTH CENTRAL ZONE,
DERIVED FROM GPS OBSERVATIONS.
BPS tGGQG ��2
ES
S 2 .Z.
Gete
iltar
LINE
TABLE
LINE
I
BEARING
DISTANCE
1 �i 1
8'22'47" E
82.64
2
S
00'51'45"
E
78.13
S
89'22'35"
W
27.23
PREPARED 8Y:
MUSTANG ENGINEERING, LP.
TEXAS UCENSED SURVEYING FIRM
REGISTRATION NO. 100405-02
4150 INTERNATIONAL PLAZA, SUITE 800
FORT WORTH, TEXAS - 76109
PHONE: 817-495-0900
BARNETT GATHERING, L.P.
CRAWFORD CLEARFORK WEST - TEMP. WORKSPACE ON PROPERTIES OF
CITY OF FORT WORTH PARK AREA (EAST)
TARRANT COUNTY,
DRAWN BY: B.W. DATE: 6/4/10
CHECKED BY: WBB DATE:
SCALE: 1" = 30' APP.:
�DWG. NO. ik��.
15954-94-0003I 0
EXHIBIT "A"
"ARRANT COUNTY, TEXAS
R/P LPC II, LTD.
INSTRUMENT 1 D205138465
CALLED 2.555 ACRES
(Ur
sf�
CITY OF FORT WORTH
VOL. 9263, PG. 424
PARK AREA (WEST)
CALLED 3.941 ACRES
QQ
C� ^ Q
Lu . 4• 0
to ica
0
��o c�IT
z
kia
Co
lati
4o
TOWER
4 0.024 ACRE
;TEMPORARY
WORK SPACE
FND. 1/2" I.R.
(CM)
NOTE:
SURVEY LINES ARE APPROXIMATE
(CM) - CONTROL MONUMENT
P.O.B.
T.W.S.
FND. 1/2" I.R.
(CM)
1
1
(CM)
FND. 1/2" I.R.
v
1
I UNE
i 4
12
13
CITY OF FORT WORTH
VOL. 9263, PG. 424
PARK AREA (EAST)
CALLED 1.078 ACRES
WILUAM C. BODE
TEMPORARY WORK SPACE = 0.024 ACRES OR
DESCRIBED ON EXHIBIT "8" ATTACHED HERETO
REV. DATE BY DESCRIPTION
PROJECT NO. 15954
MUSTANG ENGINEERING, L . P.
FORT WORTH, TEXAS
45 SQ. FT.
I CH K.
'MLL`IAM C. BODE
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION N0. 1932
BEARINGS BASED ON TEXAS STATE PLANE
COORDINATE SYSTEM NAD 83 (CORS), NORTH CENTRAL ZONE,
DERIVED FROM GPS OBSERVATIONS.
PREPARED DY:
MUSTANG ENGINEERING, L.P.
TEXAS LICENSED SURVEYING FIRM
REGISTRATION NO, 100405-02
4150 INTERNATIONAL PLAZA, SUITE 800
FORT WORTH, TEXAS - 76109
PHONE: 817-495-0900
S.F-G�PN� 2
0•5cGG9G, Z�.S
S 2 \Z.
G
UNE TABLE
BEARING DISTANCE
N 18'22'47" E 82.64
S 00'51'45" E 78.13
S 89'22'35" W 27.23
BARNETT GATHERING, L.P.
CRAWFORD CLEARFORK WEST - TEMP.
CITY OF FORT WORTH
TARRANT COUNTY,
DRAWN BY. B.W. DATE:6/4/10
CHECKED BY: WBB DATE:
SCALE:1" = 30' APP.:
WORKSPACE ON PROPERTIES OF
PARK AREA (EAST) TEXA
DWG. NO. I REV.
15954-94-0003 0
r
EXHIBIT "R"
Barnett Gathering L.P. 15954-94-0003
Temporary Work Space City of Fort Worth
TEMPORARY WORK SPACE
Being a 0.024 acre tract of land situated in the E Wilburn Survey, Abstract No. 1635, Tarrant
County, Texas and being a portion of that certain called 1.078 tract of land described as park
area (east) in deed to the City of Fort Worth as recorded in Volume 9263, Page 424 of the
Deed Records of Tarrant County, Texas. Said 0.024 acre tract of land being more particularly
described by metes and bounds as follows:
BEGINNING at a point in the westerly line of said 1.078 acre tract, common with the easterly
line of that certain 878/1000 acre tract of land described in deed to Texas Electric Service
Company as recorded in Volume 2590, Page 120 of the Deed Records of Tarrant County, Texas,
said point bears N 18°22'47" E, a distance of 488.70 feet from a 1/2 inch iron rod found
marking the southwest corner of said 1.078 acre tract;
THENCE with said common line, N 18°22'47" E, a distance of 82.64 feet to a point;
THENCE severing, over and across said 1.078 acre tract as follows:
S 00°51'45" E, a distance of 78.13 feet to a point;
S 89°22'35" W, a distance of 27.23 feet to the POINT OF BEGINNING, and containing 0.024
acres or 1,045 square foot of land, more or less, as shown on plat attached hereto as Exhibit
«A„
Bearings are based on the Texas State Plane Coordinate System, NAD 83 (CORS), North
Central Zone, derived from GPS observations.
February 8, 2011
1
4
r
1
ot
aF rF
CO Sht coo,'
•
.WILLIANICBOD
.: EN.
st 1934,)
.!ESSS0
`William C. Boden
Registered Professional Land Surveyor
No. 1932
CITY OF FORT WORTH. 18XA9
PARKS AND COMMUNITY
SERVICES DEPT.
Exhibit "B"
6x6 Timber Matting
8" Matting of Mulch
_L` E TA I L
N.T.S.
Tree protection fencing shall be orange
mesh or chain link and installed at the
edge of travel way
TREE ROOT PROTECTION DETAIL
SCALE: N.T.S.
FILE NO. 000
h
Exhibit " O"
Damage to Trees During Construction, Maintenance or Repair.
In the event of any damage to trees during the construction, maintenance or repair of the Pipeline Company shall comply with the following:
1 The City Forester shall have the right to inspect any trees located on the Park for damage by Company and if applicable may inspect
trees for slight, moderate or severe damage as described below.
1.1. Slight Damage:
Slight damage shall be defined as damage, in the opinion of the City Forester, that may heal, examples include but are not limited to scaring of
the trunk into the cambial layer 1/2" to 2" in width but less than 1/3 trunk circumference or breaking of limbs less than 2" in diameter or limbs
less than 1/3 trunk caliper whichever is less. Slight damage to tree(s) shall be assessed at a rate of: $100.00 for each instance of slight damage to
tree(s).
1.2. Moderate Damage:
Moderate damage shall be defined as damage, in the opinion of the City Forester, that contributes to the poor health and reduced longevity of the
tree, examples include but are not limited to scaring of the trunk into the cambial layer greater than 2" but less than 1/3 the trunk circumference
or breaking of limbs more than 2" in diameter but less than 1/3 trunk caliper. Moderate damages shall be calculated at a rate of 1/2 the assessed
value of the tree per each instance of damage.
1.3. Severe Damage:
Severe damage shall be defined as damage, in the opinion of the City Forester, that shall include but is not limited to scaring of the trunk to the
cambial layer greater than 1/3 the trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch or branch greater than
1/3 of trunk caliper or removal of a tree. Branches shall be measured at the point of attachment or at the lateral to which the branch would be
pruned back to according to ANSI standards. Trees caliper shall be measured according to accepted industry standards. Trees greater than 6" in
caliper shall be measured using diameter at breast height (DBH). Severe damage or removal of trees is subject to a penalty of $200.00 per
diameter inch of trees removed or damaged for trees less than 30" in caliper, $400.00 per diameter inch of trees 30" caliper or greater.
2 Company shall make payment for any such damages and must plant replacement trees for severely damaged trees at a location to be
determined by PACSD. Replacement shall be made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2" in
caliper for trees damaged or removed less than 30" DBH and 2" per inch on trees 30" DBH or greater. Company shall be responsible for the
planting watering, mulching and maintenance of replacement trees for a period of not less than 2 years. Replacement trees will be planted
during the optimal planting season as determined by the City Forester. Any tree that does not survive the 2-year establishment period shall be
compensated for by the contractor to PACSD at a rate of $200 per caliper inch.
3. In addition to damages assessed by PACSD, trees removed shall also be subject to the Urban Forestry Ordinance of the Fort Worth Zoning
Ordinance.
Exhibit
SECTION 02930 - SEEDING
PART 1 - GENERAL
1.01 DESCRIPTION
A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans.
B. Related Work Specified Elsewhere: Section 02300, Earthwork
1.02 REFERENCE STANDARDS
A. Standardized Plant Names
1. For exotic plant materials: American Joint Committee of Horticultural
Nomenclature, Second Edition, 1942.
2. For native materials
a. Manual of the Vascular Plants of Texas by Correll and Johnston
b. Check List of Vascular Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller
B. Texas Highway Department Standard Specifications for Construction, Item 164,
` Seeding for Erosion Control" and Item 180, "Wildflower Seeding"
1.03 SUBMITTALS
A. Seed
1. Vendors' certification that seeds meet Texas State seed law including:
a. Testing and labeling for pure live seed (PLS)
b. Name and type of seed
2. If using native grass or wildflower seed, seed must have been harvested within one
hundred (100) miles of the construction site.
3. All seed shall be tested in a laboratory with certified results presented to the City, in
writing, prior to planting.
4. All seed to be of the previous season's crop and the date on the container shall be
within twelve months of the seeding date.
5. Each species of seed shall be supplied in a separate, labeled container for acceptance
by the City.
B. Fertilizer
1. Unopened bags labeled with the analysis
2. Conform to Texas fertilizer law
1.04 JOB CONDITIONS
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.
SECTION 02930 - SEEDING
-I-
Exhibit
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%
Substitute the following if planted between September 10 and April 15:
220 Rye Grass Lolium multiflorum 82%
40 Bermuda (unhulled) Cynodon dactylon 84%
80%
85%
SECTION 02930 - SEEDING
-2-
Exhibit
2 Native crass seed - The
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
18
10.0
seed shall be planted between February 1 and October 1
Common Name
Green Sprangletop
Sideoats Grama*
Little Bluestem*
Buffalograss
Indian Grass*
Sand Lovegrass*
Big Bluestem
Eastern Grama
Blue Grama
Switchgrass
Prairie Wildiye*
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 Maich 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 pinnatifida
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.
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.
SECTION 02930 - SEEDING
3-
Exhibit "
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 as noted in 3.04.B.2. of this specification The water
source shall be clean and free of industrial wastes or other substances harmful to the
germination of the seed or to the growth of the vegetation. The amount of water will vary
according to the weather variables. Generally, an amount of water that is equal to the
average amount of rainfall plus one half inch (1/2") per week should be applied 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.
2.02 MIXING
Seed, mulch, fertilizer and water may be mixed provided that:
1. Mixture is uniformly suspended to form a homogenous slurry.
2. Mixture forms a blotter -like ground cover impregnated uniformly with grass seed.
3. Mixture is applied within thirty (30) minutes after placed in the equipment
SECTION 02930 - SEEDING
-4-
Exhibit
PART 3 — EXECUTION
3.01 SEEDED PREPARATION
A. Clear Suiface 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 drilling is to be on the contour. After planting, the area shall be rolled with a
roller integral to the seed drill, or a corrugated roller of the "Cultipackei" type. All rolling
of slope areas shall be on the contour.
3.03 MULCHING
A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be
applied concurrently with fertilizer and seed, if desired.
B. Apply at the following rates unless otherwise shown on plans:
1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre.
2. Sandy soils, sloping surfaces - minimum 1 800 lbs./acre.
3. Clay soils, flat surfaces - minimum 2,500 lbs./acre.
4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre.
SECTION 02930 - SEEDING
-5-
Exhibit " " �,
5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious.
Apply within thirty (30) minutes after placement in equipment. Keep mulch moist, by
daily water application, if necessary:
1. Foi approximately twenty-one (21) days, or
2. Until seeds have germinated and have rooted in soil, (see 3.04.B.2.) and project
has been accepted by the City.
3.04 MAINTENANCE AND 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.
END OF SECTION
SECTION 02930 - SEEDING
6-
(Exhibit '
SECTION 02930 - TURF SODDING
PART 1 GENERAL
1.01. DESCRIPTION
A. Work Included: This work includes all labor, materials and equipment for soil
preparation, fertilization, planting and other requirements regarding turfgrass sodding
shown on the plans.
B. Related. Work Specified Elsewhere: Section 02300, Earthwork.
1.02 REFERENCE STANDARDS
A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature,
Second Edition, 1942.
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
matenals 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-
(Exhibit "
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
umfouuily 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 off condition: Use "New Life Acid Gro" (acid pH) soil
conditioner as produced by Soil Building Systems of Dallas, or an approved equal.
B. For soil with an acidic pH condition: Use "Perma Green Compost" by Texas Earth
Resources, Inc. of Dallas, or "New Life Natural Grower" (ph 8.0 to 9.0) by Soil Building
Systems, Inc., of Dallas.
C. Sample and Specification Submittal: Submit a producer's specification and a quart
sample of the compost proposed for the City s approval.
TURF SODDING
02930
2-
(Exhibit
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
1n 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-
Exhibit
PART 1 -GENERAL
SECTION 02300 - EARTHWORK
1.01 SCOPE* Work in this section includes furnishing all labor, materials, equipment, and services
required to construct, shape, and finish earthwork to the required lines, grades, and cross
sections as specified herein and on the plans.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. Section 02200 - Site Preparation
B. Grading Plan: Refer to plan sheets.
1.03 METHOD OF PAYMENT* Earthwork is a necessary and incidental part of the work. The
total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis
only
PART 2 - PRODUCTS
2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation,
unless separately designated, within the limits of the work. Unclassified excavation includes
all material encountered regardless of its nature or the manner in which it is to be excavated.
2.02 UNCLASSIFIED FILL
A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native
materials removed in unclassified excavation, or similar imported materials, shall be
used insofar as practicable as unclassified fill. Propeily 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," as specified in Section 02200, "Site Preparation " Topsoil may
be greater or less, than the upper six inches (6") in depth.
EARTHWORK
02300
-
Exhibit
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 foi earth embankment and/or (2) the condition of materials removed in
unclassified excavation makes them unsuitable for use in the construction of earth
embankment
The 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 Ownei. In general, imported material must be equal to of 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
C.
Unsuitable materials will be disposed of as "waste" as specified in Section 02200.
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
EARTHWORK
02300
-2-
Exhibit
PART 3 - EXECUTION
3.01 SITIH PREPARATION: In general, 'site preparation," as specified in Section 02200, shall be
performed in advance of grading and earthwork operations and shall be completed over the
entire area of earthwork operations.
3.02 TOPSOIL
A. The removal and storage of topsoil shall occur after site preparation is complete and
before excavation and embankment construction begin Likewise, topsoil will be
replaced after excavation and embankment construction are complete.
B. Removal: Topsoil shall be stripped to an average depth of six inches (6") from areas
where excavation and embankment construction are planned. Topsoil may be obtained
from greater depths if it is uncontaminated by the substratum and it is of good quality,
in the opinion of the Architect/Engineer.
C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will
later receive the topsoil Stockpiles shall be out of the way of earthwork operations in
locations approved by the Owner or Architect/Engineer. Stored topsoil shall be kept
separate from other excavated materials and shall be protected from contamination by
objectionable materials that would render it unsuitable.
D. Timing: Topsoil will not be replaced (deposited) until construction activities are
complete that would create undesirable conditions in the topsoil, such as
overcompaction or contamination. Trenching for items such as electrical conduit and
irrigation pressure lines must be complete before topsoil replacement may begin.
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 acceptable and will
be reworked. Finished areas will promote surface drainage and will be ready for
turfgrass planting
EARTHWORK
02300
-3-
Exhibit
3.03 UNCLASSIFIED EXCAVATION
A. All excavated areas shall be maintained in a condition to assure proper drainage at all
times, and ditches and sumps shall be constructed and maintained to avoid damage to
the areas under construction.
B. Surplus Material:
1. Surplus excavation is that quantity of material that may be left over after the
grading plan is executed, and all earthwork operations, including excavation,
embankment construction, topsoil replacement, and final grading, are
completed. Any other surplus material shall be disposed of as "waste" as
specified in Section 02200. All such cost for removal shall be considered as
incorporated into Earthwork costs
C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise
indicated on the plans, excavation in solid rock shall extend six inches (6") below
required subgrade elevation for the entire width of the area under construction and shall
be backfilled with suitable materials as indicated on the plans.
3.04 EARTH EMBANKMENT
A. Earth embankment is defined as embankment composed of suitable materials removed
in unclassified excavation and/or imported fill. The construction of embankment
includes preparing the area on which fill is to be placed and the depositing,
conditioning, and compaction of fill material.
B. Generals 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 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.
EARTHWORK
02300
-4-
Exhibit
D. Scarification The surface of all areas and slopes over which fill is to be placed, other
than rock, shall be scarified to a depth of approximately six (6") inches to provide a
bond between the existing surface and the proposed embankment. Scarification shall be
accomplished by plowing, discing, or other approved means. Prior to fill placement, the
loosened material shall be adjusted to the proper moisture content and recompacted to
the density specified herein for fill.
E Benching: Scarification is normally adequate for sloping surfaces. However, in certain
cases where fill is to be placed against hillsides or existing embankment with slopes
greater than 4:1, the Owner may direct the Contractor to key the fill material to the
existing slopes by benching. A minimum of two feet (2') noimal 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 tine rollers, or other mechanical means acceptable to the
Owner. Hand -directed compaction equipment shall be used in areas inaccessible to
vehicular compactors.
I. Grading: Embankments shall be constructed in proper sequence and at proper
densities for their respective functions. All embankment serves in one capacity
or another as subgrade (e.g., under topsoil, under concrete and asphalt pavement,
under structures, etc.). Accordingly, the upper layer of embankment shall be
graded to within plus or minus 0.10 foot of proper subgrade elevation prior to
depositing topsoil, and prior to the construction of pavements, slabs, etc.
3.05 DENSITY CONTROL
A. Earth Embankment in 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
EARTHWORK
02300
-5-
Exhibit `
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.
FIND OF SECTION
EARTHWORK
02300
-6-
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/15/2011
DATE Tuesday, November 15, 2011 REFERENCE NO.: L-15285
LOG NAME: 80RIVER PARK GAS PIPELINE
SUBJECT:
Conduct a Public Hearing and Authorize Use of a Portion of the Subsurface of River Park for the Purpose
of Installing a Sixteen -Inch Natural Gas Pipeline, Authorize Execution of a License Agreement in the
Amount of $1,042.34 and Authorize Execution of a Ninety -Day Temporary Construction Access Agreement
in the Amount of $26,615.00 with Barnett Gathering, LP (COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
26, Protection of Public Parks and Recreational Lands;
2. Find that no feasible or prudent alternative exists for the use of River Park for the location of the
proposed natural gas pipeline;
3. Find that the proposed natural gas pipeline includes all reasonable planning to minimize harm to the
parkland, including that the pipeline will be constructed in River Park as specified on the attached exhibits
and as noted in the discussion below;
4. Close the public hearing and authorize the approval of the use of approximately 0.008 acre of dedicated
parkland of River Park for the installation of a 16-inch natural gas pipeline and use of approximately 0.61
acre of River Park for temporary workspace;
5. Authorize execution of a License Agreement with Barnett Gathering, LP, for River Park in the amount of
$1,042.34; and
6 Authorize execution of a 90-day Temporary Construction Access Agreement with Barnett Garthering,
LP, for River Park in the amount of $26,615.00 with proceeds dedicated to improvements at River Park.
. River Park located at 3100 Bryant Irvin Road, Mapsco 74Y and 74Z and 88B, 88C and 88D, located
east of State Highway 183 and Cumberland Road, west of Bryant Irvin Road, north of the Tnnity
River and south of River Park Lane South Trinity View Drive, River Lodge Trail South, San
Rocendo Street and Audras Way, in COUNCIL DISTRICT 3.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the use of a portion of the
subsurface of River Park for the purpose of installing a 16-inch natural gas pipeline and authorize the
execution of a License Agreement and Temporary Access and Workspace Agreement with Barnett
Gathering, LP.
Logname: 80RIVER PARK GAS PIPELINE Page 1 of 3
The Parks and Community Services Department (PACSD) has been approached by Barnett Gathering,
LP (BG), requesting to install a natural gas pipeline in River Park. The natural gas line would be servicing
the Edwards and Clearfork Pad Sites. The proposed alignment would allow for a 16-inch natural gas
pipeline beneath the park A 0.008 acre area (approximately 348 square feet) is being requested for siting
the pipeline.
The location of the pipeline was chosen in consideration of the future development plans for River Park,
and much of the proposed pipeline will be located on existing Oncor transmission line property. BG has
agreed to maintain a minimum depth of 10-feet for bored areas within the park.
Staff is recommending as a condition of granting this alignment, that BG be assessed the recommended
standard fee of $47.25 per linear foot of pipeline. This amount is consistent with fees assessed under the
City's current Right -of -Way Use Agreements for installation of non -utility equipment, appliances or
appurtenances in public right-of-way. In this instance, a fee of $1 042.34 will be assessed for
approximately 22.06 linear feet of pipeline. This assessment will be distributed in accordance with the
City's Financial Management Policy Statement, Gas Well Revenue Policy. A License Agreement will be
required.
Additionally, BG has requested the use of 26,615 square feet of parkland for 90 days to serve as a
temporary workspace in connection with the construction of the proposed gas pipeline. BG will be charged
a mitigation fee of $1.00 per square foot of temporary workspace for construction area on the park. A fee
of $26,615.00 will be assessed for the temporary workspace. Due to the fact that the mitigation fees are
the direct result of temporary surface land use and disruption, it is recommended that the funds generated
from the park mitigation fees be used in River Park for park improvements in compliance with the Parks
and Community Services Park Facility Development Guidelines A Temporary Access Agreement will be
required. BG will be responsible for repairing and restoring the park to its previous condition or better.
On September 28, 2011, the Parks and Community Services Advisory Board (PACSAB) endorsed Staffs
recommendation that the City Council authorize the use of approximately 0.008 acre of parkland in River
Park as proposed. In accordance with State law the public notice was advertised in the Fort Worth Star-
Teleciram on October 18, 2011, October 25, 2011 and November 1, 2011. An exhibit map was available
for public review for 30 days at the PACSD administrative offices located at 4200 South Freeway, Suite
2200
A letter announcing the proposed use was sent to the president of the River Park Place Homeowners
Association, Inc., on October 25, 2011. Signage was posted at the site noting the proposed use and
providing instructions for directing comments to the Parks and Community Services Department. During
the public hearing under Report of City Staff, Staff will note any public comments that have been received.
River Park is located in COUNCIL DISTRICTS 3.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Parks and Community Services
Department is responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers
C282 466266 801929930400
C282 446300 80192990300
T122 446300 080192003371
$26.615.00
$521.17
$521.17
FROM Fund/Account/Centers
Logname: 80RIVER PARK GAS PIPELINE Page 2 of 3
CERTIFICATIONS:
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact:
Susan Alanis (8180)
Richard Zavala (5704)
David Creek (5744)
ATTACHMENTS
1. MAYOR AND COUNCIL COMMUNICATION aerial route.doc (Public)
2. MAYOR AND COUNCIL COMMUNICATION aerial.doc (Public)
3. MAYOR AND COUNCIL COMMUNICATION pipeline route.doc (Public)
Logname: 80RIVER PARK GAS PIPELINE Page 3 of 3