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HomeMy WebLinkAboutContract 44205 (2)CITY SECRETARY CONTRACT NO. 90 ZQ.5._. ---- NATURAL GAS PIPELINE LICENSE AGREEMENT WILDWOOD PARK NORTH This NATURAL GAS PIPELINE LICENSE AGREEMENT ("Agreement") is hereby made and entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation organized under the laws of the State of Texas and acting by and through Susan Alanis, its duly authorized Assistant City Manager, and TEXAS MIDSTREAM GAS SERVICES, L.L.C. ("Company"), an Oklahoma limited liability company, acting by and through John Hatton, Area Manager. • The following statements are true and correct and constitute the basis upon which the City of Fort Worth has executed this Agreement. A. Company wishes to construct a Pipeline for the transportation of Gas through a public park known as Wildwood Park North for an approximate total distance of two thousand five hundred fifty-one feet (2,551') within a right of way corridor with a width of twenty feet (20'), more or less. Because Company is not a public utility, as that term is used in the City Charter and City Code, and because Company will not be providing services to end user Customers in the City, Company is not required to obtain a franchise from the City, but is required to obtain the City's consent pursuant to a license agreement that sets forth the terms and conditions under which Company may use the public park. B. The City has reviewed Company's request and agrees to grant Company a license to use a portion of the surface and subsurface of Wildwood Park North as set out in Exhibit "A" in order to construct, operate and maintain a pipeline, on the terms and conditions set forth herein, solely for the transportation of Gas and solely in accordance with the terms and conditions of this Agreement. Agreement 1. DEFINITIONS. Capitalized terms used in this Agreement and not otherwise defined within this Agreement shall have the following meanings: Affiliate shall mean any individual, partnership, association, joint stock company, limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, the entity in question. Agreement shall mean the authorization issued to Company hereunder to use a portion of a public park known as Wildwood Park North in the location as set out in Exhibit "A" for (i) the construction, installation, maintenance and repair of Company's Pipeline; (ii) the use of such Pipeline for the transportation of Gas; and (iii) any other uses of the Park directly related to construction flatlet t use, Natural Gas Pipeline License Agreement Wildwood Park North Page 1 of27 02-22-1 3 A09 : 39 IN n oFFI©fl,' l © SRN C-.3i1141© rt;i:&) ifll 'it 6 1[ � U Uo _.,-..� \- t maintenance, and repair of the Pipeline, pursuant to and in accordance with this Agreement. Company shall mean Texas Midstream Gas Services, L L.C., an Oklahoma limited liability company, only and shall not include any Affiliate or third party. City shall mean the area within the corporate limits of the City of Fort Worth, Texas and the governing body of the City of Fort Worth, Texas. Commission shall mean the Railroad Commission of Texas or other authority succeeding to the regulatory powers of the Commission. Customer shall mean any Person located, in whole or in part, within the City. Director shall mean the Director of PACSD or that individual's authorized representative. Gas shall mean gaseous fuels such as natural gas, artificial gas, synthetic gas, liquefied natural gas, manufactured gas, or any mixture thereof. PACSD shall mean the City of Fort Worth Parks and Community Services Department Park shall mean only that portion of the dedicated Wildwood Park North public park as identified in Exhibit "A" of this Agreement, attached hereto and hereby made a part of this Agreement for all purposes. Person shall mean, without limitation, an individual a corporation a limited liability company a general or limited partnership, a sole proprietorship, a joint venture, a business trust or any other form or business entity or association. Pipeline shall mean that certain eight inch (8") nominal diameter pipeline for an approximate total distance of two thousand five hundred fifty-one feet (2551') that is installed by Company in the Park in accordance with this Agreement and pursuant to the rules and regulations of the Railroad Commission of Texas. 2. GRANT OF RIGHTS. 2.1. General Use of Park for Transportation of Gas. Subject to the terms and conditions set forth in this Agreement and the City Charter and ordinances, the City hereby grants Company a license to (i) erect, construct, install and maintain the Pipeline under, along and across the Park and (ii) transport Gas through the portions of its Pipeline under, along and across the Park as depicted in Exhibit "A". Company hereby acknowledges and agrees that this Agreement allows only the transportation of Gas through the Park and does not allow Company to distribute, sell or otherwise provide Gas to any Customer. Natural Gas Pipeline License Agreement Wildwood Park Page 2 of 27 2.2. Nonexclusive. This Agreement and all rights granted to Company herein are strictly nonexclusive. The City reserves the right to enter into and grant other and future licenses and other authorizations foi use of the Park to other Persons and entities in accordance with applicable law and as the City deems appropriate; provided, however, that as to the grant of subsequent licenses foi use of the Park that is solely within the discretion of the City, if a dispute arises as to priority of the use of the Park, the City will resolve such dispute in a manner that does not result in unreasonable interference with Company's operation of the Pipeline for the purposes provided for herein. This Agreement does not establish any priority for the use of the Park by Company or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Park, the first priority shall be to the public generally the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as 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. 2.3. Other Permits. This Agreement does not relieve Company of any obligation to obtain permits, licenses and othei approvals from the City or other regulatory agency necessary for the construction, installation, maintenance or repair of Company's Pipeline or the transportation of Gas through such Pipeline. 2.4. Bonds. Prior to the commencement of any construction woik in the Park, that requires a cut opening or other excavation, Company shall deliver to the City bonds executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the proportional amount of the cost of work under the construction contract or construction project that will be performed in the Park. The bonds shall guarantee (i) satisfactory compliance by Company with all requirements, terms and conditions of this Agreement and (ii) full payments to all persons, firms, corporations or othei entities with whom Company has a direct relationship for the performance of such construction, maintenance or repairs. If any such construction, maintenance, or repair work is undertaken by a contractor of Company, Company shall also require such contractor to deliver to Company bonds executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the proportional amount of the cost of woik under the construction contract or construction project that will be performed by the contractor in the Park. The bonds shall guarantee (i) the faithful performance and completion of all construction, maintenance or repair woik in accordance with the contract between Company and the contractor and (ii) full payment for all wages for labor and services and Natural Gas Pipeline License Agreement Wildwood Park Page 3 of 27 of all bills for materials, supplies and equipment used in the performance of that contract. Such bonds shall name both the City and Company as dual obligees. 3. TERM This Agreement shall become effective on the date as of which both parties have executed it ("Effective Date') and shall expire at 11 59 P.M. Central Time (CT) twenty (20) years from the last date of notarial acknowledgement on this Agreement unless terminated earlier as provided herein. 4. FEES AND PAYMENTS TO CITY. 4.1. License Use Fee. On or prior to the Effective Date, Company shall pay the City as compensation for its use of the Park for the Teim of this Agreement the sum of One Hundred Twenty - Three Thousand Four Hundred Sixty -Eight Dollars and Forty Cents ($123,468.40) ("License Fee"). Company hereby acknowledges and agrees that the amount of this License Fee is non-refundable and constitutes just and reasonable compensation to the City for Company's use of the Park. 4.2. Holdover Fee. The License Fee provided for in Section 4.1 is based solely on a per -linear -foot fee for the use of City property for operation and maintenance of the Pipeline for the entire Term of this Agreement. In connection with Construction (as defined in Section 6.1.2) of the Pipeline, the City is also allowing the Company temporary use of certain defined workspace without any additional compensation to the City. In the event Company fails to complete Construction in accordance with the deadline established under Section 6.1.2, Company shall be required to pay City a holdover fee of Six Thousand Seven Hundred and Thirty -Eight Dollars and No Cents ($6,738.00) per week as fee for the use of the Park surface past the deadline ("Holdover Fee"). Such Holdover Fee shall be payable in advance on the first day of each week, with the first such week beginning on the day after the deadline established under Section 6 1 2. In the event Company is in arrears for two or more Holdover Fee payments, (i) Company shall immediately suspend all operations within the Park until all Holdover Fees have been paid in full, and (ii) in addition to any other remedies provided by law or under this Agreement, City shall be entitled to take all reasonable steps to prevent Company from further use of the Park until all Holdover Fees have been paid in full. If Company fails to meet a deadline but City staff sees evidence that the Company is making diligent effort to do so, the Director may, in exercise of his reasonable discretion, forgo the payment of all or part of the holdover fees due hereunder. Natural Gas Pipeline License Agreement Wildwood Park Page 4 of 27 4.3. Other Payments. In addition to the License Fee, Company shall pay the City all sums which may be due for property taxes, license fees, permit fees, or other taxes, charges or fees that the City or other taxing jurisdiction may from time to time impose on all other similarly situated entities within the City or taxing jurisdiction. Company shall reimburse the City for publication of this Agreement as required by the City's Charter. 4.4. Interest. All sums not paid when due shall bear interest at the rate of ten percent (10%) per annum or the maximum amount allowed by law, whichever is less, computed monthly If such outstanding sums are paid with interest within thirty (30) days following their respective due dates, Company's failure to pay such sums by their respective due dates shall not, in and of itself, constitute an Event of Default under Section 9 of this Agi eement. 5. REGULATORY AUTHORITY OF THE CITY. Company's property and operations hereunder shall be subject to such regulation by the City as may be reasonably necessary for the protection or benefit of the general public Company is obligated to construct, operate and maintain the Pipeline pursuant to the iules and regulations as adopted and modified by the Railroad Commission of Texas, and in this connection Company shall be subject to, be governed by and comply with all applicable federal, state, and local laws, including all ordinances, rules and regulations of the City as same may be adopted and amended from time to time. 6. USE OF THE PARK. 6.1 Construction Schedule 6.1.1. Pre -Construction Notice and Meeting Requirements Company shall notify the PACSD not less than ten (10) business days in advance of the proposed construction start date ("Notice of Commencement") and shall meet with appropriate City staff for the purposes of a Pipeline pre -construction meeting not less than five (5) business days prior to initiating construction. The purpose of the pre -construction meeting shall be to address issues related to the installation of the Pipeline, including but not be limited to: (i) agreeing to the boundaries of any work areas to be used in the Park for purposes of trenching or for storing equipment and supplies; (ii) agreeing to and staking any access drives (the width of which shall not exceed twenty (20) feet) and any turnaround areas to be used for ingress, egress, and turnaround for vehicles; (iii) identifying trees within the Park (including those trees that are within fifty (50) feet of any access drive) that are anticipated to be affected by the Pipeline installation and therefore subject to required tree protection measures under this Agreement and (iv) establishing the details for the restoration of those areas of the Park that are disturbed by or during installation. Natural Gas Pipeline License Agreement Wildwood Park Page 5 of 27 6.1.2. Completion of Construction. Except as otherwise specified below, Construction of the Pipeline shall be completed (i) within six (6) months from the date this Agreement is signed by the City and (ii) within 120 days from the start date identified in the Notice of Commencement For purposes of this provision, the term "Construction" shall include restoration of the Park. If Company anticipates that winter weather will render the disturbed area incapable of growth, Company may submit a written request from a certified landscapes to the City proposing alternate restoration options, interim erosion control methods, and a revised restoration schedule and deadline based on forecasted and actual weather conditions. Such a request must be submitted to the City at least six weeks pi ior to the Construction deadline established herein. City shall, within five (5) business days issue its response regarding whether the proposed alternative schedule and erosion control methods are approved. The completion deadline will be extended day for day, for each day that Company's Construction is delayed under Section 20 of this Agreement. Failure to complete construction in accordance with the schedule described above shall subject Company to payment of Holdover Fees in accordance with Section 4.2 and shall also be deemed an Event of Default and be subject to the terms in Section 10.1 of this Agreement. However, 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 Holdover Fees due hereunder. 6.1.3. City Construction in Park. Not less than five (5) business days after receipt of Company s Notice of Commencement, the City shall notify the Company of City plans that involve construction on the surface of Park that may conflict with Company's construction schedule. In order to avoid any conflict with proposed construction by the City, its agents, licensees, or invitees, Company agrees to delay its construction for a period not to exceed ten (10) business days, and City agrees to coordinate the inclusion of Company's construction requirements in overlapping areas of need. 6.1.4. Park Events. Not less than five (5) business days after receipt of the Company's Notice of Commencement, the City shall notify the Company of planned events in the Park that may conflict with Company's construction schedule In order to avoid any conflict with such events, Company agrees to schedule its construction to accommodate such event, and City agrees to coordinate the inclusion of Company's construction requii ements in overlapping areas of need. 6.2. Compliance with Laws, Ordinances, Rules and Regulations. The City has the right to control and regulate the use of the Park, public places and other City -owned property and the spaces above and beneath them. Company shall comply with all applicable laws, ordinances, rules and regulations, including, but not limited to City ordinances, rules and policies related to construction permits, construction bonds, permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. Natural Gas Pipeline License Agreement Wildwood Park Page 6 of 27 6.3. No Undue Burden. The Pipeline shall not be erected, installed, constructed, repaired, replaced or maintained in any manner that places an undue burden on the present or future use of the Park by the City and the public. If the City reasonably determines that the Pipeline does place an undue burden on any portion of the Park, Company, at Company's sole cost and expense and within a reasonable time period specified by the City, shall modify the Pipeline or take other actions determined by the City to be in the public interest to remove or alleviate the burden. 6.4. Minimal Interference. Company will make all reasonable planning to minimize harm to the Park and shall comply with conditions as set forth below: 6.4.1. Documenting Condition of Park Company must provide PACSD with videographic documentation of the condition of the Pipeline license area, access routes, temporary workspaces, and trees identified at the pre -construction meeting as such exist both before and after installation of the Facilities. 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 on or before the Commencement Date. Post -installation documentation must be submitted no later than five (5) business days after the Construction deadline established under Section 6.1.2. PACSD personnel will distribute copies of the documentation to all appropriate City personnel to determine whether any damage has been done to the license area, access routes, temporary workspaces, or identified trees. 6.4.2. Conformance with Plans The Pipeline will be constructed in accordance with the specifications and in the areas of the Palk indicated on Exhibit "B". No surface excavation or tree disturbance shall be allowed in the Park except where specified. 6.4.3. Pipeline Depth. For any installation by boring beneath the Palk, the pipe shall be placed at a minimum depth of eight (8) feet unless otherwise specified in Exhibit "B' . Foi any open trench installation within the Park, the pipe shall be buried at a minimum depth of four (4) feet unless otherwise agreed to in Exhibit "B". For purposes of this provision, the referenced depths shall be measured from the top of the pipe, as installed, to the surface of the Park. The City shall have the right, but not the obligation, to have an inspector present to verify the installed depth of the Pipeline. 6.4.4. Work Areas. Company shall specify work areas prior to construction and shall survey and stake said areas, notating the centerline and boundaries of the work areas as agreed upon at the pre -construction meeting held in accordance with Section 6.1.1. Travel outside of the designated areas shall not be permitted. Any equipment to be stored in the work area must be approved by the Director. No equipment may be stored within the Park at any location other than the designated work areas. Natural Gas Pipeline License Agreement Wildwood Park Page 7 of 27 6.4.5. Trenching and Compaction. Any trenching required in connection with the installation of the Pipeline shall be performed by double -ditching, with the top twelve mches (12") of soil being removed and stored separately from the balance of the dirt being removed in making the ditch or trench for installation of the Pipeline In backfilling after installation of the Pipeline, the topsoil that was removed first shall be placed back in the trench only after all remaining dirt has been resituated so as to result in the topsoil being returned to the top of the ditch. After trenches have been refilled, they shall be compacted to a minimum 90% Standard Proctor Density (S.S.T.M. D698). Copies of all density testing shall be provided to a PACSD agent. Company shall verify in writing that all trenching, backfilling, and compaction were performed in accordance with the above requirements. 6.4.6. Ingress and 1-gress. The Company shall use only those access drives agreed to and staked during the pre -construction meeting. Any access gates used by Company shall either remain locked at all times or, when opened for use by Company, be manned for security purposes. Company temporary access and turn around needs shall be agreed upon and staked during the pre -construction meeting. Company is to maintain and restore the utilized access drives to as good as or better than existed before Company s construction activity. The width of the travel lane shall not exceed twenty (20) feet, as outlined on the attached Exhibit "B". PACSD shall inspect the drive after its construction and prior to its use to ensure compliance with the plan agreed upon at the pre -construction meeting held in accordance with Section 6 1 1 6.4.7. Equipment. The area defined as a temporary workspace for equipment, storage of pipe and as a route of ingress and egress for vehicles shall be approved at the pre -construction meeting as contemplated in Section 6 1 1 Equipment to be stored on the Park must be cleared in advance with the Director. 6.4.8. Equipment Travel. All equipment shall remain within the license area of the Park. Travel outside of such designated areas shall not be permitted. All access travel ways shall be fenced in with orange vinyl fencing Such fencing shall remain in place at all times during the constiuction and restoration period. Pursuant to the terms of this Agreement, upon completion of construction, any damage from Company activity to cable fences and the Park surface shall be repaired or replaced to as good or better condition than existed prior to Company construction activity in the Park, provided, however, Company shall immediately notify City of any damage during construction to utilities used to service the Park. Upon notification, PACSD shall determine the method of repair, and Company shall immediately repair and restore the disturbed area to as good or better condition than existed prior to the Company's constiuction activity in the Park. 6.4.9. Tracer Wire. The Company shall have the right to lay tracer (tracking) wire on the surface of the Park to track the location of the pipe during installation, provided, however, that Company in placing the wire may not remove any vegetation without approval of the Director. Natural Gas Pipeline License Agreement Wildwood Park Page 8 of 27 6.4.10. Temporary Fencing. The perimeter boundaries of all bore pit areas, travel ways, temporary workspace and any storage areas are to be fenced with orange vinyl fencing, which shall remain in place until such time as (i) the site has been restored by Company as provided in this Agieement and (ii) such restoration has been inspected and accepted by the Director. 6.4.11. Vegetation Requirements. At the pre -construction meeting, Director will identify trees that are anticipated to be affected by the Pipeline installation and therefore are subject to protective measures as outlined herein, including, but not limited to, any trees that are within fifty feet (50') of any access drive to be utilized by Company. Prior to commencing any construction, Company will provide still photography or video media showing the pre -construction condition of all identified trees. Before beginning construction, Company will place orange mesh fencing around the critical root zone of each identified tree. Once the tree protection fencing has been installed, Company shall schedule a field inspection with PACSD to verify the location and installation of the fencing Company shall ensure the fencing remains in place throughout construction and will take other reasonable measures to safeguard the identified trees. If any tree within the Park is damaged in connection with operations performed by or on behalf of Company, Company shall undertake remediation efforts, including paying of remediation costs in accordance with Section 6.5. To minimize erosion and harm to grass or other ground cover plantings during the Pipeline installation, Company shall provide ground cover for all disturbed surface areas. Giound covei must be approved by PACSD and may include a combination of straw, seeding, sod, or other materials. Following Pipeline completion, Company will replant, reseed and water any area disturbed by the construction of the Pipeline as many times as necessary until a stand of grass is in place which is comparable to that which was originally in place, before the disturbance. The grass shall have an established root system which shall be approved and accepted by the Director. Restoration of surface areas disturbed shall be seeded and maintained according to the specifications in Exhibit "C"; Company shall stockpile any and all excavated soil from the Pipeline construction for use in surface restoration Importing of outside soil shall not be allowed. 6.4.12. Surface Monitoring for Release of Fluids. During periods of active boring, Company shall ensure that drilling mud pressures are continuously monitored and that the entire length of the drill bore is visually inspected at least once daily to check for any signs of drilling mud or other fluid flowing up to the ground surface If drilling mud or other fluid is detected on the Park surface, Company shall ensure that the Director is notified immediately of the release. Company shall coordinate with the Director on a plan of action to address the fluid release and shall be allowed access to the Park for purposes of containment. At all times during boring operations, Company will have hard copies of the Material Safety Data Sheets and the appropriate storm drain grid maps and storm dram sheets on site at each drill location. Company shall ensure that sufficient City -approved materials are delivered to the site within twelve (12) hours of initial fluid detection to protect against drill mud or other fluids fiom entering the City's sanitary Natural Gas Pipeline License Agreement Wildwood Park Page 9 of 27 sewer or stormwater drainage systems. To determine the extent of any contamination, Company will ensure that testing is performed in and around the area of the release as required by the Directoi. 6.4.13. Foreign Material. For purposes of this section, the term "Foreign Material" shall mean any material, substance, chemical, waste, contaminant, emission, discharge, or pollutant regulated by any federal, state, or local law for the purpose of protection of health, safety, or the environment, including, but not limited to, petroleum, petroleum products, and waste products associated with petroleum production. Except as otherwise provided in this Section, Company shall not knowingly cause or permit any Foreign Material to be released, brought, stored, or produced on or in the licensed area or City property in connection with Company s operations under this Agreement, provided, however, that Company shall be authorized, to store, handle, and use materials that are reasonably necessary for the construction or operation of the Pipeline so long as (i) such materials are properly stored, handled, or used in accordance with all applicable laws and the terms of this Agreement; and (ii) Company maintains Material Safety Data Sheets on -site when such chemicals are present and provides that information to the City on request. Company shall take all actions necessary to stop the release or presence of Foreign Material in connection with Company's operations. Any waste produced from Company operations will be the full responsibility of the Company to cleanup, handle, store, transport and dispose. As part of the consideration for this Agreement, Company waives any claim that this Agreement in any way confers generator status on the City for waste produced from Company operations. If, during the course of construction, operation, maintenance, repair, or replacement of the Pipeline, Company encounters material that Company knows, suspects, or has reason to believe constitutes Foieign Material, Company shall immediately cease all activity, secure any material already at the surface and limit disturbance of any buried material in the vicinity of the suspected Foreign Material. Company shall notify the City in accordance with the Notice section of this Agreement of any release from Company operations and the presence or release of suspected Foreign Material or Foieign Material. NOTIFICATION MUST OCCUR WITHIN ONE HOUR AFTER CONFIRMATION BY COMPANY'S ENVIRONMENTAL HAZARD SERVICES PERSONNEL BUT UNDER NO CIRCUMSTANCES LATER THAN TWELVE HOURS AFTER INITIAL RELEASE OR DISCOVERY As part of the consideration for the license under this Agreement, Company shall be responsible for the cost and expense necessary to construct, operate, maintain, repair, or replace the Pipeline in accordance with any federal, state or local laws regulating the environment as well as other applicable regulations. Company will be fully responsible for, m accordance with any federal, state or local laws, testing, storing, removing, loading, transporting, and disposing of Foreign Material and suspected Foieign Material encountered during the construction, operation, maintenance, repair or replacement of the Pipeline As part of the consideration for this Agreement, City waives any claim that this Agreement in any way confers generator status Natural Gas Pipeline License Agreement Wildwood Park Page 10 of 27 on the Company for Foreign Material and suspected Foreign Material that is pre-existing on City property. Any environmental assessment, cleanup, removal or disposal action will have to meet the standards set forth by the City s Flinvironmental Management Division. City will provide necessary personnel to work with Company regarding suspected Foreign Material or Foreign Material encountered during the work. 6.5. 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 followings 6.5.1 The City Forester shall have the right to inspect any trees located on the Park foi damage by Company and if applicable may inspect trees for slight, moderate or severe damage as described below. 6.5.1.1. Slight Damage: Slight damage shall be defined as damage, in the opinion of the City Foiester, 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 calipei whichever is less. Slight damage to tree(s) shall be assessed at a rate of: $100.00 for each instance of slight damage to tree(s). 6.5.1.2. Moderate Damage* Moderate damage shall be defined as damage, in the opinion of the City Forester, that contributes to the pool 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 late of 1/2 the assessed value of the tree per each instance of damage. 6.5.1.3. 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 tiee. 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. Tiees 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 capper, $400.00 per diameter inch of trees 30' calipei or greater. Natural Gas Pipeline License Agreement Wildwood Park Page 11 of 27 6.5.2. Company shall make payment foi 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 directed by the City Forester Any tree that does not survive the 2-yeai establishment period shall be compensated for by the contractor to PACSD at a late of $200 per caliper inch 6.5.3. In addition to damages assessed by PACSD, trees iemoved shall also be subject to the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance. 6.6. Emergency Procedures. 6.6.1. For purposes of this Section, a public emergency shall be any condition which, in the opinion of the City officials specified below, poses an immediate threat to life, health or property and is caused by any natural or man-made disaster, including, but not limited to, storms, floods, fires, accidents explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed appropriate by the City Manager, Mayor, Police Chief of Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the Pipeline, and Company hereby (i) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages, as defined in this Agreement, that may occur to the Pipeline or that Company may otherwise incur as a result of such a response, and (ii) agrees that Company at Company's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its Pipeline that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state and federal laws, including any i equirements to notify the Texas One Call System to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the Pipeline, the City will notify Company as soon as practicable so that Company may advise and work with the City with respect to such action. 6.6.2. The Company shall maintain written emergency response plans pursuant to 49 C.F.R. § 192.615. 6.6.3. In the event of an emergency that directly involves that portion of the Pipeline located in the Park and necessitates immediate emergency response work or repairs, Company may initiate the emergency response work or repairs or take any action required under the circumstances provided that Company notifies the City as promptly as possible. Aftei the emergency has passed, Company shall apply foi and obtain any Natural Gas Pipeline License Agreement Wildwood Park Page 12 of 27 applicable federal, state and local permits, as may be adopted and amended from time to time for the emergency work and otherwise fully comply with the requirements of this Agreement. 6.7. Surface Repairs Due to Installation or Other Company Activity. Following any construction activity by or on behalf of the Company that affects the surface of the Park (including construction activity related to initial installation, operation, maintenance, or removal of the Pipeline), Company, at its sole cost and expense, and in a manner approved by the City, shall promptly restore any portion of the Park, Public Rights of Way, or other City -owned property that are in any way disturbed or damaged by the construction activity to a condition that is at least as good as the one in which such property was found immediately prior to the construction activity. Unless otherwise specified in this Agreement of by the City, Company shall diligently commence such restoration within thirty (30) calendar days following the final date of construction activity by or on behalf of the Company All mateiiais for restoration of the Park shall be inspected and approved by the Director prior to placement. Any soil and grass used in connection with the restoration shall be accompanied by supporting documentation certifying that the quality meets of exceeds specifications required pursuant to the specifications attached in Exhibit "C". All planting material shall be inspected by the Director prior to installation. Company will water each affected area as many times as necessary until a stand of grass is established comparable to that which was originally in place before the construction activity. Surface areas to be restored shall be determined by the Director. In the event of a gas, drill mud, of other spill, Company shall immediately notify the City and coordinate with the Director the removal of any and all contaminated soil from the property in accordance with all applicable state and federal laws. 6.8. "As -Built" Plans and Maps. Company at Company's sole cost and expense, shall provide the City with as - built plans of all portions of the Pipeline located in the City and the City s extiaterritorial jurisdiction and maps showing such Pipeline within ninety (90) calendar days following the completion of such Pipeline Company shall supply the textual documentation of such as -built plans and maps in computer format as requested in writing by the City and shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately reflected in the City's mapping system 6.9. Specifications of the Pipeline. The Company shall erect, install, construct, repair, replace and maintain the Pipeline and pursuant to the rules and regulations promulgated by the U.S. Department of Tiansportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations Title 49 Part 192 and as adopted and modified by the Texas Railroad Commission. The Pipeline shall not exceed a nominal diameterof eight inches (8 ') and a right of way width Natural Gas Pipeline License Agreement Wildwood Park Page 13 of 27 of no more than twenty feet (20') throughout the entire length of the Park as depicted on Exhibit "A". 6.10. Marking of Pipeline. The Pipeline shall be marked pursuant to the rules and regulations promulgated by the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations Title 49 Part 192 and as adopted and modified by the Texas Railroad Commission, with signage that shall show conspicuously Company's name and a toll -free telephone number of Company that a person may call for assistance. 6.11. Surface Excavation and Additional Fees. The City shall have the right to coordinate all excavation work in the Park in a manner that is consistent with and convenient for the implementation of the City's program foi public dedicated open space. In order to preserve the integrity of the Park, Company shall not cut excavate or otherwise breach or damage the surface of the Park except as permitted under the terms of this Agreement 6.12. Relocation of Pipeline. Within forty-five (45) calendar days following a written request by the City, Company, at Company's sole cost and expense, shall protect, support, disconnect or relocate to another portion of the Park all or any portion of its Pipeline due to street or other public excavation, construction, repair, grading, ie-grading of traffic conditions; the installation of sewers, drains, water pipes or municipally -owned facilities of any kind; the vacation, construction or relocation of streets or any other type of structure or improvement of a public agency; any public work; or any other type of improvement necessary, in the City s sole discretion, for the public health, safety or welfare. If Company reasonably requires more than forty-five (45) days to comply with the City's written request, it shall notify the PACSD in writing and the City will work m good faith with Company to negotiate a workable time frame. 6.13. Removal of Pipeline. Upon the revocation, termination or expiration without extension or renewal of this Agreement, Company's light to use the Park under this Agreement shall cease and Company shall immediately discontinue the transportation of Gas in or through the Park. Within six (6) months following such revocation, termination or expiration and if the City requests, Company, at Company's sole cost and expense, shall cap and leave the Pipeline in place in accordance with applicable laws and regulations. If Company has not capped the Pipeline within six (6) months following revocation, termination or expiration of this Agreement, the City may deem any portion of the Pipeline remaining in the Park abandoned and, at the City's sole option, (i) take possession of and title to such property or (ii) take any and all legal action necessary to compel Company to remove such Pipeline; provided, however, that Company may not abandon its facilities or discontinue Natural Gas Pipeline License Agreement Wildwood Park Page 14 of 27 its services within the City without the approval of the Commission or successor agency or any other regulatory authority with such jurisdiction. Within six (6) months following revocation, termination or expiration of this Agreement and in accordance with Section 10 of this Agreement, Company shall also restore any property, public or private, that is disturbed or damaged by removal (or, if consented to by the City, capping and leaving in place) of the Pipeline If Company has not restored all such property within this time, the City, at the City's sole option, may perform or have performed any necessary restoration work, in which case Company shall immediately reimburse the City for any and all costs incurred in performing or having performed such restoration work. 7. LIABILITY AND INDEMNIFICATION. 7.1. Liability of Company. Company shall be liable and responsible for any and all damages, losses, liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands, defenses, judgments, lawsuits, proceedings, costs, disbursements or expenses (including, without limitation, fees, disbursements and reasonable expenses of attorneys, accountants and other professional advisors and of expert witnesses and costs of investigation and preparation) of any kind or nature whatsoever (collectively "Damages"), which may arise out of or be in any way connected with (i) the construction, installation, operation, maintenance or condition of the Pipeline or any related facilities or appurtenances; (ii) the transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work, labor, materials or supplies provided or supplied to Company, its contractors or subcontractors; or (iv) Company's failure to comply with any federal, state of local law, ordinance, rule or regulation, except to the extent directly caused by the negligent or grossly negligent act(s) or omission(s) or intentional misconduct of the City. COMPANY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ITS USE OF THE PARK UNDER THIS AGREEMENT OR WITH THE USE, MAINTENANCE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PIPELINE, EXCEPT TO THE EXTENT CAUSED SOLELY BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY. 7.2 Indemnification. COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS, COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS ("INDEMNITEES"), FROM AND AGAINST ANY AND ALL DAMAGES, INCLUDING LOST REVENUES, WHICH MAY ARISE OUT OF OR BE IN ANY Natural Gas Pipeline License Agreement Wildwood Park Page 15 of 27 WAY CONNECTED WITH (I) THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE OR CONDITION OF THE PIPELINE OR ANY RELATED FACILITIES OR APPURTENANCES; (II) THE TRANSPORTATION OF GAS THROUGH THE PIPELINE; (III) ANY CLAIM OR LIEN ARISING OUT OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (IV) COMPANY'S FAILURE TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF THE CITY. 7.3 Assumption of Risk and Environmental Remediation. COMPANY HEREBY REPRESENTS TO THE CITY THAT (i) COMPANY HAS FULLY INSPECTED THE PARK; (ir) COMPANY IS SATISFIED WITH THE CONDITION OF THE PARK; AND (rii) COMPANY HAS BEEN FULLY ADVISED OF ITS OWN RIGHTS WITHOUT RELIANCE UPON ANY REPRESENTATION MADE BY THE CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, COMMISSIONS, BOARDS OR VOLUNTEERS. COMPANY HEREBY UNDERTAKES AND ASSUMES, FOR AND ON BEHALF OF COMPANY, ITS OFFICERS, AGENTS, CONTRACTORS, SUBCONTRACTORS AND EMPLOYEES, ALL RISK OF DANGEROUS CONDITIONS, IF ANY, ON OR ABOUT THE PARK. ALTHOUGH, TO THE BEST OF THE CITY'S KNOWLEDGE, THE PARK COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL ENVIRONMENTAL LAWS AND REGULATIONS (COLLECTIVELY "ENVIRONMENTAL LAWS'), THE CITY DOES NOT WARRANT SUCH. COMPANY HEREBY COVENANTS AND AGREES THAT COMPANY, AT ITS SOLE COST AND EXPENSE, SHALL BE FULLY RESPONSIBLE FOR THE VIOLATION OF ANY ENVIRONMENTAL LAWS CAUSED, IN WHOLE OR IN PART, BY COMPANY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR INVITEES, AND ANY REMEDIATION THAT MAY BE REQUIRED AS A RESULT OF SUCH VIOLATION, EXCEPT TO THE EXTENT CAUSED BY THE CITY. 7.4. Defense of Indemnitees. In the event any action, lawsuit or other proceeding is brought against any Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder, the City shall give Company prompt written notice of the making of any claim or commencement of any such action lawsuit or other proceeding, and Company, at Company's sole cost and expense, shall resist and defend the same with reasonable participation by the City and with legal counsel selected by Company and specifically approved by the City In such an event, Company shall not admit liability in any matter on behalf of any Indernnitee without the advance written consent of the City. Natural Gas Pipeline License Agreement Wildwood Park Page 16 of 27 8. INSURANCE. Company shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide coverage as specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence or location of the Park and the construction, installation, operation, maintenance or condition of the Pipeline, including the transportation of Gas through the Pipeline. The insurance required hereunder may be provided by a combination of self- insurance, primary and excess policies. 8.1. Primary Liability Insurance Coverage. o Commercial General Liability: $5,000,000.00 per occurrence, $10,000,000.00 aggregate, 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; (vii) underground resources damage (viii) independent contractors protective liability; and (ix) broad -form property coverage. ® Environmental Impairment Liability (EILI &/Or Pollution Liability: a) Company shall purchase and maintain in force throughout the term of this Agreement, insurance and protection for bodily injury; property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims; all in connection with any loss arising fiom the Pipeline site. Coverage shall be maintained in an amount of $5,000,000.00 per loss, with an annual aggregate of $10,000,000.00. b) Coverage shall apply to gradual pollution; seepage; sudden and accidental pollution conditions resulting from the escape of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gasses; waste material, or other irritants, contaminants or pollutants. If EIL is written on a "claims made" basis, the Company must maintain continuous coverage and purchase Extended Coverage Period Insurance, when such coverage is not otherwise included as part of the basic policy, for as long as this Agreement is in effect and for five (5) years after its termination or expiration. Natural Gas Pipeline License Agreement Wildwood Park Page 17 of 27 • Property Damage Liability: $10,000,000 per occurrence • Automobile Liability: $1,000,000.00 per accident including, but not limited to, all owned, leased, hired 01 non -owned motor vehicles used in conjunction with the rights granted under this Agreement • Worker's Compensation: As required by law; and, Fmployer's Liability - $1,000,000.00 per accident Such coverage shall include a Waiver of Subrogation in favor of the City and provide coverage in accordance with applicable State and Federal Laws. 8.2. Revisions to Required Coverage. At the reasonable recommendation of the City's Risk Manager, the City may at any time revise insurance coverage requirements and limits required by this Agreement Company agrees that within sixty (60) days of receipt of written notice from the City, Company will make all reasonable efforts to implement all such revisions requested by the City and, if Company is unable to implement such revisions, Company shall provide the City with one or more specific reasons why Company could not implement such revisions Each policy of insurance shall include an endorsement providing that 30 days' notice of cancellation or change in coverage will be furnished to the certificate holder. 8.3. Undenvriters and Certificates. Company shall procure and maintain its insurance with underwriters authorized to do business in the State of Texas and who are acceptable to the City in terns of solvency and financial strength. Within thirty (30) days following adoption of this Agreement by the City Council, Company shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein In addition, Company shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. 8.4. Deductibles. Deductible on 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. Natural Gas Pipeline License Agreement Wildwood Park Page 18 of 27 8.5. No Limitation of Liability. The insurance requirements set forth in this Section 8 and any recovery by the City of any sum by reason of any insurance policy required under this Agreement shall in no way be construed or affected to limit or in any way affect Company's liability to the City or other persons as provided by this Agieement or law. 9. DEFAULTS. The occurrence at any time during the term of this Agreement of one or more of the following events shall constitute an "Event of Default" under this Agreement: 9.1. Failure to Pay License Fee. An Event of Default shall occur if Company fails to pay any License Fee on or before the respective due date. 9.2. Breach. An Event of Default shall occur if Company materially breaches or violates any of the terms, covenants, representations or warranties set forth in this Agreement or fails to perform any obligation required by this Agreement 9.3. Bankruptcy, Insolvency or Receivership. An Event of Default shall occur if Company (i) files a voluntary petition in bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any petition filed against it seeking any reorganization, arrangement composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Company, any of Company's property or any revenues, issues, earnings o1 profits thereof, (v) makes an assigmnent for the benefit of creditors; or (vi) fails to pay Company's debts generally as they become due. 9.4. Violations of the Law. An Event of Default shall occur if Company violates any existing or future federal, state, or local laws, ordinances, rules and regulations of the City. 9.5 Failure to Complete Construction. An Event of Default shall occur if Company fails to complete construction of the Pipeline in accordance with Section 6.1.2. Natural Gas Pipeline License Agreement Wildwood Park Page 19 of 27 10. UNCURED DEFAULTS AND REMEDIES. 10.1. Notice of Default and Opportunity to Cure. If an Event of Default occurs on account of Company's failure to pay the License Fee in accordance with Section 9.1, such Event of Default shall be deemed an Uncured Default and the City shall have the right to terminate this Agreement immediately upon provision of written notice to Company If an Event of Default occurs for a season other than for failure to pay the License Fee, the City shall provide Company with written notice and shall give Company the opportunity to cuie such Event of Default. Foi an i vent of Default which can be cured by the immediate payment of money to the City, Company shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. For any other Event of Default, Company shall have sixty (60) days from the date it receives written notice from the City to cure the Event of Default. If any Event of Default is not cuied within the time period specified herein, such F vent of Default shall, without further notice from the City, become an "Uncured Default' and the City immediately may exercise the remedies provided in Section 10.2. 10.2. Remedies for Uncured Defaults. Upon the occurrence of an Uncured Default the City shall be entitled to exercise, at the same time or at different times, any of the following remedies, all of which shall be cumulative of and without limitation to any other rights or remedies the City may have: 10.2.1. Termination of Agreement. Upon the occunence of an Uncured Default, the City may terminate this Agreement Upon such termination, Company shall forfeit all rights granted to it under this Agreement and, except as to Company's unperformed obligations and existing liabilities as of the date of termination, this Agreement shall automatically be deemed null and void and shall have no further force or effect. Company shall remain obligated to pay and the City shall retain the right to receive License Fees and any other payments due up to the date of termination. Company shall remove the Pipeline from and restore the Park as and when requested by the City. The City's right to terminate this Agreement under this Section 10.2.1 does not and shall not be construed to constitute any kind of limitation on the City's right to terminate this Agreement for other reasons as provided by and in accordance with this Agreement; provided however, that Company may not abandon the Pipeline without the approval of the Commission or successor agency or other regulatory authority with jurisdiction, if such action without such approval is prohibited at the time by applicable federal or state law or regulation. Natural Gas Pipeline License Agreement Wildwood Park Page 20 of 27 10.2.2. Legal Action against Company. Upon the occurrence of an Uncured Default, the City may commence against Company an action at law for monetary damages or in equity, for injunctive relief or specific performance of any of the provisions of this Agreement which, as a matter of equity, are specifically enforceable. 11. PROVISION OF INFORMATION. 11.1. Filings with the Commission. Company shall upon request provide copies to the City of all documents which Company files with or sends to the Commission or another state or federal regulatory body concerning or related to its transportation of Gas through or other operations in the City, including, but not limited to, filings related to (i) tariffs; (ii) rules, regulations and policies requested, under consideration or approved by the Commission and (iii) applications and any supporting pre -filed testimony and exhibits filed by Company or third parties on behalf of Company, on the same date as such filings are made with the Commission In addition, Company shall provide the City upon request with copies of records, documents and other filings that Company is required to maintain or supply to the Commission under any applicable state or federal law, rule or regulation concerning or related to its transportation of Gas through or other operations in the City. In addition, regardless of whether the City makes a request, Company shall provide the City with copies of the Company's fihngs with the Commission or another state or federal regulatory body that (i) involve a safety incident within a one -mile radius of the Pipeline, (ii) relate to the Pipeline and involve its location or configuration; (iii) relate to the Pipeline and involve a public health or safety issue, or (iv) relate to the Pipeline and concern the issuance, modification, renewal, suspension, revocation or reinstatement of the permit for the Pipeline. Company shall also provide a written report to the City's Gas Inspector describing how the Company responded to resolve any health or safety incident that is the subject of its filing with the Commission. 11.2. Lawsuits. Company shall provide the City with copies of all pleadings in all lawsuits to which Company is a party and that pertain to the granting of this Agreement and/or the transportation of Gas through the City within thirty (30) days of Company's receipt of same. 12. COMPANY AS INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Company shall operate as an independent contractor as to all rights and privileges granted by this Agreement, and not as an agent, representative or employee of the City. Company shall have the exclusive right to control the Natural Gas Pipeline License Agreement Wildwood Park Page 21 of 27 details of its business and other operations necessary or appurtenant to the transportation of Gas in accordance with the terms and conditions of this Agreement, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Company acknowledges that the doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, employees, contractors and subcontractors. Company further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Company. 13. ASSIGNMENT PROHIBITED. Company may not assign or otherwise transfer any of its rights or obligations under this Agreement unless specifically authorized in writing by the City, which authorization shall not be unreasonably withheld. 14. NOTICES. Except as otherwise provided below, notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (i) hand -delivered to the other party, its agents, employees, servants or representatives, or (ii) received by the other party by United States Mail, postage prepaid, return receipt requested, addressed as follows: To THE CITY: To COMPANY: City of Fort Worth Parks and Community Services Director 1000 Throckmorton Fort Worth, TX 76102 with a copy to: City of Fort Worth Department of Law Attn: Attorney for PACSD 1000 Throckmorton Fort Worth, TX 76102 Texas Midstream Gas Services, L.L.C. Manager — Property Rights 301 Commerce Street, Suite 600 Fort Worth, Texas 76102 with a copy to: Texas Midstream Gas Services, L.L.C. c/o CT Corporation System 350 North St. Paul Street, Suite 2900 Dallas, TX 75201 For notices regarding known or suspected Foreign Material (as defined in Section 6.4.13), Company shall notify the City in accordance with the timelines specified in Section 6.4.13 via telephone at (817) 922-3000 and via e-mail at stoimwaterafoi-tworthtexas.gov. 15. NON-DISCRIMINATION COVENANT. Company shall not discriminate against any person on the basis of race, color, national origin, religion, handicap, sex, sexual orientation or familial status in the receipt of benefits from Company's business operations, in any opportunities for employment with Company or in the construction or installation of the Pipeline. Natural Gas Pipeline License Agreement Wildwood Park Page 22 of 27 16. NO WAIVER. The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW AND VENUE. This Agreement shall be construed pursuant to and in accordance with the laws of the United States of America and the State of Texas If any action, whether real or asserted, at law or in equity, arise out of the terms of this Agreement, Company's transportation of Gas or Company's use of the Park, venue for such action shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division 18. CONFERENCES. At the request of either the City or Company, the City and Company shall meet at reasonable tines and upon reasonable notice to discuss any aspect of this Agreement, Company's Pipeline, Company's operations in the City, Company's transportation of Gas or Company's use of the Park. 19. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, includmg, without limitation all available appeals, have been exhausted. In such an event the City and Company agree that they shall amend or have amended this Agreement to comply with such final order entered by a court of competent jurisdiction. 20. FORCE MAJEURE. In the event Company s performance of any of the terms conditions or obligations required by this Agreement is prevented by a cause or event that is not within Company's reasonable control, Company's non-performance shall be deemed excused for the period of such inability. Causes or events that are not within the Company's control shall include but not be limited to, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions, natural disasters, City Construction as defined by Section 6.1.4, and Park Events as defined by Section 6.1.5. Natural Gas Pipeline License Agreement Wildwood Park Page 23 of 27 21. HEADINGS NOT CONTROLLING. Headings and titles, other than those captions in Section 1, that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 22. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Company as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the teens and conditions of this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties and approved by the City Council of the City. EXECUTED as of the later date below: CITY OF FORT WORTH: By: Ai (Susa As Date: Alanis tant City Manager TEXAS MIDSTREAM GAS SERVICES, L.L.C. By: John Area an. er .ilk Date: 1t. ) 2-OiA APPROVED AS TO FORM ' D LEGALITY: By: Assistant Cit ttorney c m&c: LellS -4e 2- fritv MaryJ. ser, rty Secre ArCPI VORIS% ai p00000 $4frvx ory A oo° 00 aso, %Qv(' 13113 Illraorr 8040 04) O 0000°° 20 0° am' .ch tithS,s0a4 Natural Gas Pipeline License Agreement Wildwood Park Page 24 of 27 • OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX izt ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this d day of I'fr 013, by Susan Alanis, Assistant City Manager of the City of Fort Worth, Texas, a municipal corporation, on behalf of the City of Fort Worth, Texas. • • .o; ,Y'+ .�` ., e :1 .}: s . � .;: 1.4 , it C"•a Alb w • LINDA M. HifiR NGER MY COMMISSION EXPIRES lc February 2, 2014 Natural Gas Pipeline License Agreement Wildwood Park Page 25 of 27 f. c°(Stltia• ivy thitilAnt No ary Public, State of Texas v My commission expires: My commission number: P2J1 4030I� 1f y OFFICIAY. RECORD CITY SECRETARY fl.WORTh' TX I4 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY oUN F TARRANT • � '�' of -� br�fC� me on this , day � Thiswas acknowledged beforeL.C. an Oklahbma instrument Midstream Gas �Sel'vices, L.L.C. Manager for Texas IVI 2013,by John Hatton, A limited lability company,' ' on behalf of saidcompany. r ALIEN R. BATES Notary Public, State of Texas My Commission Expires February 24, 2013 p Natural Gas Pipeline License Agreement Wildwood Park Page 26 of 27 avec NotaryPublic, State of Texas My commission expires: --- ---ao My commission number: Ner • EXHIBIT "A" PLATTED LEGAL DESCRIPTION Company may only use approximately two thousand five hundred fifty-one feet (2,551') linear feet crossing the Park as depicted below: Natural Gas Pipeline License Agreement Wildwood Park Page 27 of 27 EXHIBIT "A" city ORTH 4 FcRTEJ I LICENSE AGREEMENT if BY SEP INST. COI I/2' IRF SERVICE COMPANY NOO 030 '28 o W VOL 2210, PG. 218 ' D.R.T.C.T. 20.01 JACOB WILCOX #3 SURVEY ABSTRACT No . 1704 6 TEXAS ELECTRIC o APPROX. LOCATION OF CITY LIMITS 8 SURVEY LINE —20' CITY OF FORT WORTH WATER LINE ESMT PER CITY OF FORT WORTH PLANS X-19425 NOTES: VARIABLE WIDTH TEMPORARY WORKSPACE AREA ' B' SEE SHEETS 4, 6, & 7 i i 20 ' WIDE LICENSE AGREEMENT AREA CL LENGTH = 2,551' 1.171 AC. (51,025 SQ. FT. ) (Tx TARR DWPL oos.00 CITY OF FORT WORTH VOL. 663, PG. 220 D.R.T.C.T. �,P oc, ac;s • f?;•s's (1) ALL BEARINGS SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983, AS DERIVED BY FIELD OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY WESTERN DATA SYSTEMS. (2) TITLE INFORMATION PROVIDED BY TEXAS MIDSTREAM GAS SERVICES, L.L.C. (3) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTHS OF OCTOBER THRU DECEMBER 2011 UNDER THE DIRECTION OF GREGG A E. MADSEN, R.P.L.S. NO. 5798. (4) REFER TO THE ACCOMPANYING FIELD NOTES ATTACHED HERETO AND MADE A PART HEREOF. J MATCH REVISIONS I PROJECT1 4 9-5-12 BMW REVISED ACREAGES GAM DRAWN BY t 3 5-14-12 BMW REV. LICENSE AGREEMENT AREA JLH ;HECKEO BYE 2 3-30-12 BMW REV. WORKSPACE AREAS ' A' a' B JLH i I 3-21-12 TVW REV . WORKSPACE AREAS ' A' 8' B' JLH ell3MENT ID )40. DATE BY DESCRIPTION CHK. DATE' V//AwIER SU,VEYOR PREPARING THIS EXHIBIT: ��aa SHEET & ASSOCIATES, ICI SCALES f • • 1 . • PLACE OF 1/2' IRF BEGINNING r— S20 ° 49 '38' W 274.88' L _ NO0 ° 30'28' N 479.68 ' 219.09' =APPROX . LOCATION OF CITY LIMITS r T VARIABLE WIDTH TEMPORARY WORKSPACE AREA ' C' SEE SHEETS 4 & 7 i VARIABLE WIDTH TEMPORARY WORKSPACE AREA ' At SEE SHEETS 4 8 6 11103(AWL SHEET 2 CM IRF IRS IPF APPROX. LOCATION OF CITY LIMITS z oco 12- af= ? of J ol° cC Flo _ ~ cr re., 1— cWno1- W oCC 0 W 0• I W J p 0)Z V TOWN OF LAKESIDE VOL. 5170, PG. 874 D.R.T.C.T. OF TOWN LAN TRAVIS L YATES AND CHE 'KE J. YATES INST. No. D210045780 O.P.R.T.C.T. 1 1 OF 7 *LEGEND* CONTROLLING MONUMENT IRON ROD FOUND IRON ROD SET W/ORANGE CAP STAMPED ' W 8 A INC EASEMENT' IRON PIPE FOUND LICENSE AGREEMENT AREA BMWit e x d MIDSTS REAM 1032 09-05-2012 1 OF 7 1` = 100' DWG. FILEiTX—TARR—D`IPL-006.00—Rev4—LA.dwg IREV.4 20' WIDE LICENSE AGREEMENT AREA CITY OF FORT WORTH CITY OF FORT WORTH, TARRANT COUNTY ,TEXAS EXHIBIT MATCH LINE - SEE SHEET 1 OF 7 \,P 6/4sCo P��tiPPG P ss'' L=439.10' R=20/0.00 ' D=12 °31'00' CH=SS/°12'07' W CL = 438.23 ' ( TX—TARR—DWPL-006.00 CITY OF FORT WORTH VOL. 663, PG. 220 D.R.T.C.T. 20' WIDE LICENSE AGREEMENT AREA CL LENGTH = 2 , 551 ' 1.171 AC. (51,025 SQ. FT. l i,A\° 40c NOTES: (1) ALL BEARINGS SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983, AS DERIVED BY FIELD OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY WESTERN DATA SYSTEMS. (2) TITLE INFORMATION PROVIDED BY TEXAS MIDSTREAM GAS SERVICES, L.L.C. (3) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTHS OF OCTOBER THRU DECEMBER 2011 UNDER THE DIRECTION OF GREGG A.E. MADSEN, R.P.L.S. NO 5798. (4) REFER TO THE ACCOMPANYING FIELD NOTES ATTACHED HERETO AND MADE A PART HEREOF. 4 9-5-12 3 5-14-12 2 3-30-12 1 3-21-12 NO. DATE �V �►3w BMW BMW BMW TVW BY REVISIONS REVISED ACREAGES REV . LICENSE AGREEMENT AREA REV. WORKSPACE AREAS ' A' 8' B1 REV . WORKSPACE AREAS ' A' 8 ` B' DESCRIPTION SU kVEYOR PREPARING THIS EXHIBIT: GAM JLH JLH JLH CHK. • • • • • • • • . • . • : • • 1 L=434. 73' R=1990.00 ' D=12 °3/'00' CH=N81 °/2'07'E CL=433.87' 1 c • • • • • • • • • • • :• • :• • • • • L=506.34 ' R=2010.00 ' D= l4 °26 '00' CH=N82 ° 09 '37' E CL=505.00' L=501. 30' R=1990.00 ' D= l4 °26 '00' CH=S82 ° 09 '37' W CL=499.98 ' • • v �4 -1?,\ . I 4 I • • • • • • 1 1 1 1 1 TRAVIS L YATES AND CHE 'KE J . YATES INST. No. D210045780 O.P.R.T.C.T. of TOWN D LAKES PATRICK E . JACOB INST. No. D203024197 O.P.R.T.C.T. MATCH LINE - SEE SHEET 3 OF 7 IPROJECT s IDRAWN BY CHECKED BY; SEGMENT ID DATE SHEET ?I 103 D15PL CM IRF IRS IPF *LEGEND* CONTROLLING MONUMENT IRON ROD FOUND IRON ROD SET W/ORANGE CAP STAMPED ' W 8 A INC EASEMENT' IRON PIPE FOUND LICENSE AGREEMENT AREA BMw t e x MIDSTREAM GAS SERVICES 1032 09-05-2012 20F7 1" = 100' DWG. F1LE 'TX—TARR—D`','PL-006.00—Rev4—LA.dwg IREV.4 20' W DE LICENSE AGREEMENT AREA CITY OF FORT WORTH CITY OF FORT WORTH, TARRANT COUNTY ,TEXAS •\ WIER & ASSOCIATES, INC.' SCALE• EXHIBIT MATCH LINE — SEE SHEET 2 OF 7 \,P Skg \C) P�G�tiP G� �o . (TX TARR DWPL 006.00 CITY OF FORT WORTH VOL. 663, PG. 220 D.R.T.C.T. LOT 25 LOT 24 —BLOCK 21 LAKE WORTH LEASES CAB. "A", SLIDE 9276 P.R.T.C.T. �f 1 1 LOT 23 0 • \N ' R•0 • W 19 BLOCK 21 LAKE WORTH LEASES\ CAB. "A", SLIDE 9276 NOTES: P.R.T.C.T. 20' WIDE LICENSE AGREEMENT AREA CL LENGTH = 2 , 551 ' 1.171 AC. (51,025 SQ. FT. ) L=506.34 ' R=20/0.00 D=14 °26 '00' CH=N82 ° 09 '3 7' E CL=505.00 ' L=501.30' R=1990. 00' D=14 °26 '00' CH= S82 ° 09 '3 7' W CL=499.98 APPROX. LOCATION OF CITY LIMITS N89 °22 '37' E 322.15 5' UTILITY ESMT VOL. 388-Y PG. 98 P.R.T.C.T. S89 °21 '37' W 153.23' BEVERLY L. MITCHELL (LOT 18 PORTION OF LOT 2 ) VOL. 5431, PG. 634 D.R.T.C.T. N89 °2/'37'E 148.61' S13°38'52'E 20.53' �� ASS RIDJwwE �A� UME _j AN ASSUMED ss T-�F w . C R�Gn- EoR.o. ASs�M (1) ALL BEARINGS SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983, AS DERIVED BY FIELD OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY WESTERN DATA SYSTEMS. (2) TITLE INFORMATION PROVIDED BY TEXAS MIDSTREAM GAS SERVICES, L.L.C. (3) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTHS OF OCTOBER THRU DECEMBER 2011 UNDER THE DIRECTION OF GREGG A E. MADSEN, R.P.L.S. NO 5798. (4) REFER TO THE ACCOMPANYING FIELD NOTES ATTACHED HERETO AND MADE A PART HEREOF. CITY OF FORT WORTH VOL. 663, PG. 220 D.R.T.C.T. REVISIONS I PROJECT 4 9-5-12 BMW REVISED ACREAGES GAM DRAWN BY• 3 5-14-12 BMW REV . LICENSE AGREEMENT AREA JLH I CHECKED BY 2 3-30-12 BMW REV . WORKSPACE AREAS ' A' a' Be JLH 1 3-21-12 TVW REV. WORKSPACE AREAS ' A' 8' JLH IEGMENT ID: NO. DATE BY DESCRIPTION CHK. .'ATE' VI S!.AVEYOR PREPARING THIS EXHIBIT: SHEET PUA WIER & ASSOCIATES INC. SCALE N89 ° 20'48' E 1006.59' LICENSE AGREEMENT BY SEPARATE INSTRUMENT CO 0) CM IRF IRS IPF • • • • • . • . LOT 5 LAKE -TOWN p WORTH LAKES MON . W/ BRASS CAP S89 ° 22 '37' W 174.46' LOT 4 BLOCK 15-' it VAN ZANDT PLACE VOL. 388-Y, PG. 98 -P.R.T.C.T. • DONALD H. TRUAX 18 HIS WIFE (LOT 3 8 WEST :• 100' LOT 2) = VOL. 13437, PG. 92 • • •. • • D.R.T.C.T. . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ji o_ . ,• • . ; •. •.- • • • • r- LOT 2 DEED LINE LAKE WORTH MON. W/ BRASS CAP LOT LOT I BLOCK 8 VAN ZANDT PLACE VOL. 388-Y PG. 98 P.R.T.C.T. .110 LOT 2 LAKE WORTH MON. W/ BRASS CAP (CM ) *LEGEND* CONTROLLING MONUMENT IRON ROD FOUND IRON ROD SET W/ORANGE CAP STAMPED 'W 8 A INC EASEMENT' IRON PIPE FOUND LICENSE AGREEMENT AREA 11103 DWPL ( "It e x d MIDSTREAM GAS SERVICES 10321 09-05-20121 30F7 1' = 100.1 DWG. FILE +TX-TARR-DV1PL-006.00-Rev4-LA.dwgIREV.4 1 20' YW1DE LICENSE AGREEMENT AREA CITY OF FORT WORTH CITY OF FORT WORTH, TARRANT COUNTY ,TEXAS EXHIBIT 0 0 o m TEXAS ELECTRIC SERVICE COMPANY VOL. 2210, PG. 218 D.R.T.C.T. 1 LICENSE AGREEMENT BY SEPARATE INSTRUMENT z O co <HZ of --1 >- 1,J X 0O D (1) 0-O a ♦ as m PLACE OF BEGINNING TEMP . WORKSPACE AREA ' B' N00 °30 '28' W 57.48 S42°27'37' W 38.82' S87°27'37' W 25.00 S87 °27'37' W 64.89' NOO ° 30 '28 ' W r r 91.60 0 0 tt)F (i* \r\10,( Z\J Go'S cD# s>Cle, � e JP � 5� ov 3)1°- � o• � ao F 1/2' IRF CITY OF FORT WORTH ETJ N00 °30 '28' W 25.00' „J3 r r r BEGINNING SAVE a EXCEPT L VARIABLE WIDTH TEMPORARY WORKSPACE AREA ' B' 0.473 AC. (20,590 SQ. FT. ) r r r r 8 r L6t r r✓ r r r r r✓ r—• r r J VARIABLE WIDTH TEMPORARY WORKSPACE AREA ' C 312 SQ. FT. PLACE OF BEGINNING TEMP. WORKSPACE AREA ' C' N00°30'28' W I499.70' 454.68' \S46 03/ '25'E 34.72' • I r .•i 1 r SOO ° 30 '28 ' E 126.94 (TX TARR DWPL 006.00) CITY OF FORT WORTH VOL. 663, PG. 220 D.R.T.C.T. LA NE��E�16 GLU 50 6 Mp,R RZP G-c Oo . G 5.CgP Pg NOTES: 1 20' WIDE I I LICENSE �� AGREEMENT SEE SHEETS I I —3 8 5 (1) ALL BEARINGS SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983, AS DERIVED BY FIELD OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY WESTERN DATA SYSTEMS. (2) TITLE INFORMATION PROVIDED BY TEXAS MIDSTREAM GAS SERVICES, L.L.C. (3) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTHS OF OCTOBER THRU DECEMBER 2011 UNDER THE DIRECTION OF GREGG A E. MADSEN, R.P.L.S. NO 5798. (4) REFER TO THE ACCOMPANYING FIELD NOTES ATTACHED HERETO AND MADE A PART HEREOF. 4 9-5-12 3 5-14-12 2 3-30-12 1 3-21-12 NO. DATE V ISw REVISIONS BMW REVISED ACREAGES BMW REV. LICENSE AGREEMENT AREA BMW REV. WORKSPACE AREAS 'A' 8' B l TVW REV. WORKSPACE AREAS ' A' 8' B I BY DESCRIPTION SU 7VEYOR PREPARING THIS EXHIBIT: GAM JLH JLH JLH CHK. PROJECT DRAWN BY: CHECKED BY SEGMENT ID: DATE: SHEET: s\ WIER & ASSOCIATES. INC. SCALE: 1/2' IRF ; APPROX. LOCATION OF CITY LIMITS S20 ° 49 '38' W 274.88 ' 0 0 NII°21'21' W 485.11' • • • • '_N14°33'49' W PLACE OF BEGINNING 526.66' TEMP . WORKSPACE AREA ' A' NOO °30 '28W 55.00' N. Co Po • VARIABLE WIDTH TEMPORARY WORKSPACE AREA ' A' 0.156 AC. (6,817 SQ. FT. ) S77°31'46°E 36.40' S00 ° 30 '28 ' E 35.80' S87°27'37' W 47.44' LINE TABLE LINE BEARING DIST LI NO2°32'23'W 15.00 S87°27'37' W 24.00 SO2 °32'23'E 15.00 L2 L3 L4 L5 L6 L7 L8 11103 DWPL BMw t e X d MIDSTREAM GAS SERVICES S87°27'37' W N89 °29 '32 E 78.66 34.00 SOO ° 30 '28 ' E 34.00 S89 °29 '32' W 34.00 NOO ° 30 '28 ' W 34.00 *LEGEND* W Q 0 0 • • • •... • • • • • • z O,,, a~ o2 f r O U 0 0 �44 r0 NV CONTROLLING MONUMENT IRON ROD FOUND IRON ROD SET W/ORANGE CAP STAMPED ow 8 A INC EASEMENT' IRON PIPE FOUND TEMPORARY WORKSPACE AREA 1032 09-05-2012 40F7 1" = 60' DWG. FILE:TX-TARR-DVIPL-006.00-Rev4-TWA.dwg IREV.4 TEMPORARY WORKSPACE AREAS "A", "B", & "C" CITY OF FORT WORTH CITY OF FORT WORTH, TARRANT COUNTY ,TEXAS EXHIBIT FIELD NOTES - DESCRIPTION 20' WIDE LICENSE AGREEMENT AREA BEING A TRACT OF LAND LOCATED IN THE MARCELINE DE LA GARZA SURVEY, ABSTRACT No. 616, TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF FORT WORTH, RECORDED IN VOLUME 663, PAGE 220, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF SAID FORT WORTH TRACT AND THE EAST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO TEXAS ELECTRIC SERVICE COMPANY (T.E.S.Co.), RECORDED IN VOLUME 2210, PAGE 218, D.R.T.C.T., FROM WHICH A CONCRETE T.E.S.Co MONUMENT BEARS N 00'30'28" W, 479 68 FEET, SAID T.E.S.Co. MONUMENT BEING THE NORTHEAST CORNER OF SAID T.E.S.Co. TRACT AND FROM WHICH THE NORTHWEST CORNER OF SAID FORT WORTH TRACT BEARS N 00'30'28" W, 219.09 FEET; THENCE N 87'27'37" E, DEPARTING THE WEST LINE OF SAID FORT WORTH TRACT AND THE EAST LINE OF SAID T.E.S.Co. TRACT, 882.13 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A CURVE TO THE LEFT; THENCE NORTHEASTERLY, AN ARC LENGTH OF 434.73 FEET ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,990 00 FEET, A DELTA ANGLE OF 12'31'00", AND A CHORD BEARING N 81' 12'07" E, 433.87 FEET TO A POINT, FROM WHICH AN AXLE FOUND BEARS N 48'43'41 " W, 180.27 FEET, SAID AXLE BEING IN THE NORTH LINE OF SAID CITY OF FORT WORTH TRACT, THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO TRAVIS L. YATES AND CHE'KE J. YATES, RECORDED IN INSTRUMENT NUMBER D210045780, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (O.P.R.T.0 T.), AND THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO PATRICK E. JACOB, RECORDED IN INSTRUMENT NUMBER D203024197, O.P.R.T.C.T.; THENCE N 74'56'37" E, 254.97 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A CURVE TO THE RIGHT; THENCE NORTHEASTERLY, AN ARC LENGTH OF 506.34 FEET ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,010 00 FEET, A DELTA ANGLE OF 14'26'00", AND A CHORD BEARING N 82'09'37" E, 505.00 FEET TO A POINT IN THE NORTH LINE OF SAID CITY OF FORT WORTH TRACT AND THE SOUTH LINE OF LOT 4, BLOCK 15, VAN ZANDT PLACE, AN ADDITION TO TARRANT COUNTY, TEXAS, RECORDED IN VOLUME 388—Y, PAGE 98, PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T.), FROM WHICH A LAKE WORTH MONUMENT FOUND WITH A BRASS CAP BEARS S 89'22'37" W, 174.46 FEET, SAID LAKE WORTH MONUMENT BEING IN THE NORTH LINE OF SAID CITY OF FORT WORTH TRACT AND THE SOUTH LINE OF LOT 5 OF SAID BLOCK 15; THENCE ALONG THE NORTH LINE OF SAID CITY OF FORT WORTH TRACT AS FOLLOWS: (1) N 89'22'37" E, ALONG THE SOUTH LINES OF LOTS 1, 2, 3, AND 4 OF SAID BLOCK 15, A DISTANCE OF 322.15 FEET TO A LAKE WORTH MONUMENT WITH A BRASS CAP IN THE SOUTH LINE OF LOT 1 OF SAID BLOCK 15; (2) N 89'21'37" E, ALONG THE SOUTH LINE OF LOT 1 OF SAID BLOCK 15, 148.61 FEET TO A POINT IN THE ASSUMED WEST RIGHT—OF—WAY LINE OF LAKE RIDGE ROAD (AN ASSUMED 60' WIDE RIGHT—OF—WAY), SAID POINT BEING THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 15, FROM WHICH A LAKE WORTH MONUMENT WITH A BRASS CAP BEARS N 89 20'48" E, 1,006 59 FEET, SAID LAKE WORTH MONUMENT BEING A POINT OF INTERSECTION ALONG THE SOUTH LINE OF LOT 1, BLOCK 1, POTEET ADDITION, AN ADDITION TO THE TOWN OF LAKESIDE, TARRANT COUNTY, TEXAS, RECORDED IN CABINET B, SLIDE 3581, PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T.), THE NORTHEAST CORNER OF SAID CITY OF FORT WORTH TRACT, AND IN THE WEST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO STEPHEN WILLIAM NEUMAN AND GRACIE NEUMAN, RECORDED IN INSTRUMENT NUMBER D202220112, O.P.R.T.C.T.; THENCE S 13'38'52" E, DEPARTING THE NORTH LINE OF SAID CITY OF FORT WORTH TRACT AND ALONG THE ASSUMED WEST RIGHT—OF—WAY LINE OF SAID LAKE RIDGE ROAD, 20.53 FEET TO A POINT; THENCE, BEING 20.00 FEET SOUTHERLY AND PARALLEL WITH THE NORTH LINE OF SAID CITY OF FORT WORTH TRACT AND THE SOUTH LINE OF SAID BLOCK 15 AS FOLLOWS: (1) S 89'21'37" W, DEPARTING THE ASSUMED WEST RIGHT—OF—WAY LINE OF SAID LAKE RIDGE ROAD, 153.23 FEET TO A POINT; (2) S 89'22'37" W, 322.16 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A CURVE TO THE LEFT; THENCE SOUTHWESTERLY, AN ARC LENGTH OF 501.30 FEET ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,990.00 FEET, A DELTA ANGLE OF 14'26'00", AND A CHORD BEARING S 82'09'37" W, 499.98 FEET TO A POINT; THENCE S 74'56'37" W, 254.97 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTHWESTERLY, AN ARC LENGTH OF 439.10 FEET ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,010 00 FEET, A DELTA ANGLE OF 12'31 '00", AND A CHORD BEARING S 81'12'07" W, 438.23 FEET TO A POINT; THENCE S 87'27'37" W, 882.84 FEET TO A POINT IN THE WEST LINE OF SAID FORT WORTH TRACT AND THE EAST LINE OF SAID T.E.S.Co. TRACT; THENCE N 00'30'28" W, ALONG THE WEST LINE OF SAID FORT WORTH TRACT AND THE EAST LINE OF SAID T.E.S.Co. TRACT, 20.01 FEET TO THE PLACE OF BEGINNING AND CONTAINING 1.171 ACRES (51,025 SQUARE FEET) OF LAND, MORE OR LESS. 4 9-5-12 3 5-14-12 2 3-30-12 I 3-21-12 NO. DATE THIS SURVEY WAS MADE ON THE GROUND UNDER THE DIRECT SUPERVISION OF GREGG A.E. MADSEN, R.P L.S O. 5798 DURING THE MONTHS OF OCTOBER THRU DECEMBER 2011. ALL BEARINGS RECITED HEREIN ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983 REFER TO THE ACCOMPANYING EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF. BMW BMW BMW TVW REVISIONS I PROJECT' REVISED ACREAGES GAM I DRAWN BY REV. LICENSE AGREEMENT AREA JLH REV. WORKSPACE AREAS ' A' 8' B JLH REV. WORKSPACE AREAS ' A' 8' Be JLH ICHECKED BY' I EGMENT ID BY DESCRIPTION CHK . I DATE S. hVEYOR PREPARING THIS EXHIBIT: I SHEET •\ WIER & ASSOCIATES. INC.I SCALE' 11103 DWPL BMW °t x MIDSTREAM GAS SERVICES 1032 09-05-2012 50F7 N/A 20' WIDE LICENSE AGREEMENT AREA CITY OF FORT WORTH CITY OF FORT WORTH, TARRANT COUNTY ,TEXAS DWG. FILE 'TX—TARR—DWFL-006.00—Rev4—LA.dwg JREV.4 EXHIBIT FIELD NOTES - DESCRIPTION VARIABLE WIDTH TEMPORARY WORKSPACE AREA "A" BEING A TRACT OF LAND LOCATED IN THE MARCELINE DE LA GARZA SURVEY, ABSTRACT No. 616, TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF FORT WORTH, RECORDED IN VOLUME 663, PAGE 220, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING AT A POINT, FROM WHICH A CONCRETE TEXAS ELECTRIC SERVICE COMPANY (T.E.S.Co.) MONUMENT BEARS N 11 21'21" W, 485.11 FEET, SAID T.E.S.Co. MONUMENT BEING THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO T.E.S.Co., RECORDED IN VOLUME 2210, PAGE 218, D.R.T.C.T.; THENCE N 00'30'28" W, 55.00 FEET TO A POINT; THENCE S 87'39'17" E, 114.67 FEET TO A POINT; THENCE S 77'31 '46" E, 36.40 FEET TO A POINT; THENCE S 00'30'28" E, 35.80 FEET TO A POINT; THENCE S 87'27'37" W, 47.44 FEET TO A POINT; THENCE N 02'32'23" W, 15.00 FEET TO A POINT; THENCE S 87'27'37" W, 24.00 FEET TO A POINT; THENCE S 02'32'23" E, 15.00 FEET TO A POINT; THENCE S 87'27'37" W, 78.66 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.156 ACRES (6,817 SQUARE FEET) OF LAND, MORE OR LESS. FIELD NOTES — DESCRIPTION VARIABLE WIDTH TEMPORARY WORKSPACE AREA "B" BEING A TRACT OF LAND LOCATED IN THE MARCELINE DE LA GARZA SURVEY, ABSTRACT No. 616, TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF FORT WORTH, RECORDED IN VOLUME 663, PAGE 220, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING AT A POINT IN THE WEST LINE OF SAID FORT WORTH TRACT AND THE EAST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO TEXAS ELECTRIC SERVICE COMPANY (T.E.S.Co.), RECORDED IN VOLUME 2210, PAGE 218, D.R.T.C.T., FROM WHICH A CONCRETE T E.S.Co. MONUMENT BEARS N 00'30'28" W, 499.70 FEET, SAID T.E.S.Co. MONUMENT BEING THE NORTHEAST CORNER OF SAID T.E.S.Co. TRACT; THENCE N 87'27'37" E, DEPARTING THE WEST LINE OF SAID FORT WORTH TRACT AND THE EAST LINE OF SAID T.E.S.Co. TRACT, 241.45 FEET TO A POINT; THENCE S 00'30'28" THENCE S 89'29'32" THENCE N 00'30'28" THENCE S 87'27'37" E, 126.94 FEET TO A POINT; W, 150.00 FEET TO A POINT; W, 91.60 FEET TO A POINT; W, 64.89 FEET TO A POINT; THENCE S 42'27'37" W, 38.82 FEET TO A POINT IN THE WEST LINE OF SAID FORT WORTH TRACT AND THE EAST LINE OF SAID T.E.S.Co. TRACT; THENCE N 00'30'28" W, ALONG THE WEST LINE OF SAID FORT WORTH TRACT AND THE EAST LINE OF SAID T.E.S.Co. TRACT, 57.48 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.499 ACRES (21,746 SQUARE FEET OF LAND, MORE OR LESS. (HELD NOTES CONTINUED ON SHEET 7 OF 7) THIS SURVEY WAS MADE ON THE GROUND UNDER THE DIRECT SUPERVISION OF GREGG A.E. MADSEN, R.P L.S 0. 5798 DURING THE MONTHS OF OCTOBER THRU DECEMBER 2011. ALL BEARINGS RECITED HEREIN ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983 REFER TO THE ACCOMPANYING EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF. 4 9-5-12 BMW 3 5-14-12 BMW 2 3-30-12 BMW 1 3-21-12 TVW )40. DATE BY REVISIONS REVISED ACREAGES GAM REV . LICENSE AGREEMENT AREA JLH REV . WORKSPACE AREAS ' A' 8' B JLH REV. WORKSPACE AREAS ' A' 8' B' JLH DESCRIPTION CHK. SURVEYOR PREPARING THIS EXHIBIT: SHEET ; Vh9AwlER & ASSOCIATES INC. SCALE' PROJECT ' 11103 D1'1PL DRAWN BY' CHECKED BYt SEGMENT ID ' 1032 TEMPORARY WORKSPACE AREAS "A" & "B" DATE ' 09-05-2012 CITY OF FORT WORTH CITY OF FORT WORTH, TARRANT COUNTY ,TEXAS 60F7 N/A DWG . FILE 'TX—TARR—DWPL-006.00—Rev4—TWA.dwg I REV .4 oMw t MIDSTREAM GAS SERVICES EXHIBIT 4 9-5-12 3 5-14-12 2 3-30-12 I 3-21-12 FIELD NOTES (CONTINUED) SAVE AND EXCEPT: BEING A TRACT OF LAND LOCATED IN THE MARCELINE DE LA GARZA SURVEY, ABSTRACT No. 616, TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF FORT WORTH, RECORDED IN VOLUME 663 PAGE 220, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING AT A POINT, FROM WHICH A CONCRETE TEXAS ELECTRIC SERVICE COMPANY (T.E S.Co.) MONUMENT BEARS N 14'33'49" W, 526.66 FEET, SAID T.E.S.Co. MONUMENT BEING THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO T.E.S.Co., RECORDED IN VOLUME 2210, PAGE 218, D.R.T.C.T.; THENCE N 89'29'32" E, 34.00 FEET TO A POINT; THENCE S 00'30'28" E, 34.00 FEET TO A POINT; THENCE S 89'29'32" W, 34.00 FEET TO A POINT; THENCE N 00'30'28" W, 34.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.026 ACRES (1,156 SQUARE FEET) OF LAND, MORE OR LESS. NOTE: THE NET ACREAGE BEING DEDICATED AS A TEMPORARY WORKSPACE AREA BY THIS DOCUMENT IS 0.473 ACRES (20,590 SQUARE FEET) OF LAND BEING A RESULT OF 0.499 ACRES (21,746 SQUARE FEET) GROSS, LESS 0.026 ACRES (1,156 SQUARE FEET) SAVE AND EXCEPT. FIELD NOTES — DESCRIPTION VARIABLE WIDTH TEMPORARY WORKSPACE ARFA "C" BEING A TRACT OF LAND LOCATED IN THE MARCELINE DE LA GARZA SURVEY, ABSTRACT No. 616, TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF FORT WORTH, RECORDED IN VOLUME 663, PAGE 220, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING AT A POINT IN THE WEST LINE OF SAID FORT WORTH TRACT AND THE EAST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO TEXAS ELECTRIC SERVICE COMPANY (T.E.S.Co.), RECORDED IN VOLUME 2210, PAGE 218, D.R.T.C.T., FROM WHICH A CONCRETE T E.S Co. MONUMENT BEARS N 00'30'28" W, 454.68 FEET, SAID T.E.S.Co. MONUMENT BEING THE NORTHEAST CORNER OF SAID T.E.S.Co. TRACT; THENCE S 46'31'25" E, DEPARTING THE WEST LINE OF SAID FORT WORTH TRACT AND THE EAST LINE OF SAID T.E.S.Co. TRACT, 34.72 FEET TO A POINT; THENCE S 87'27'37" W, 25.00 FEET TO A POINT IN THE WEST LINE OF SAID FORT WORTH TRACT AND THE EAST LINE OF SAID T.E.S.Co. TRACT; THENCE N 00'30'28" W, ALONG THE WEST LINE OF SAID FORT WORTH TRACT AND THE EAST LINE OF SAID T.E S.Co. TRACT, 25 00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 312 SQUARE FEET OF LAND, MORE OR LESS. THIS SURVEY WAS MADE ON THE GROUND UNDER THE DIRECT SUPERVISION OF GREGG A.E. MADSE , R.P L.S NO. 5798 DURING THE MONTHS OF OCTOBER THRU DECEMBER 2011. ALL BEARINGS RECITED HEREIN ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983. REFER TO THE ACCOMPANYING EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF. BMW BMW BMW TVW )40.1 DATE BY DESCRIPTION 1 CHK . I DATE' SLMVEYOR PREPARING THIS EXHIBIT: I SHEET' V//AwIER & ASSOCIATES. E � 4IhIC.I SCALE REVISIONS REVISED ACREAGES REV. LICENSE AGREEMENT AREA REV. WORKSPACE AREAS ' A' 8' B' REV. WORKSPACE AREAS ' A' 8' B' I PROJECT GAM DRAWN BY' JLH I CHECKED BY' JLH IEGMENT ID ' JLH 11103 DWPL I BMA 1 MIDSTS REAVICM 1032 09-05-2012 TEMPORARY WORKSPACE AREAS "B" & "C" CITY OF FORT WORTH CITY OF FORT WORTH, TARRANT COUNTY ,TEXAS 70F7 N/A DWG . FILE 'TX—TARR—DWPL-006.00—Rev4—TWA.dwg IREV.4 EXHIBIT "B" ALIGNMENT SHEET(S) Open trench and boring areas Natural Gas Pipeline License Agreement Wildwood Park Page 28 of 27 ALIGNMENT sou. 1••>0 .we nl rn COUNTY & STATE tom atm Oka 10•n L1'a St am' Ira Ira •.w. Ira or. nr ae ,. .ro YHA 11a n,A•.11 a0 / \ IOrea 1 a Ow pu LI•a0 ra sirs len wall aA• ...••, n0. 1'a 1?,rpr • .r brraa1,., in:.r^-^- • -, wry, w. ••.1r?s. ,O�•a• ,/'N w +OUr ,ru• o.. 0 II IS P /I 0,Y 11w -Jr), X_ .•• LL-QwEL _D03 ' EMAINDER'T' SN k� DEVIMPMENCCC J&C VOL.12 29,,9rc 207-04' 1 �� iD7CT.C.T. • VARIABLE WIDTH T0.1POR Y CONSTRUCTION CASEMENT CLASS LOCATION HYDROSTATIC TEST PRESSURE (P.S.I.C.) M.A.O.P 0 N 8 / 30+00 700 690 680 660 650 64" 630 JLv 610 •JV 590 580 570 GENERAL INFORMATION 40 n 40 - Ja s t • _I1 �/ HO&Z. SCALE IN FEET 20 n 00 20 40 VERT. SCALE IN FEET MM. i0+56 TREE LINE 0 2 m 0 0 VARIABLE WIDTH TEMPORARY WORKSPACE ARCA as WPM 0.• 0"I • ara nm• O•1O^M ••a rl STA 30+3Q PI \ ref ar0 r.a •rn or 'r30 ,•fu N. purl.Iw Pi 0•10 TARRANT WESTERN OF FORT WORTH, INC. VOL 5050, PC. 363 D.R.T.C.T. -ONE -_Ole HDD EXIT / LOT 5 4FROM PI STA 30+30 VINCENT R. Ci1OPER 8 WIFE KAREN T. COOPER (LOT 5 8 PART OF LOT 4 I INST. No. D211153287 O.P.R.T.C.T. 0 30' 31+00 1 STA )1•I6 ---PRIVATE-4•-PVC-STORMGRAM UNE PL• 416.1 r I u.J IJUI �ELEY.=660,3_ (APrRox.1 4 I.,,N. C � et Jj�!j1 = J1� slswvc ?At -PI 4.12W ;St NN NMN. NV, 32+0 32+00 TPD :J( JORGE G. TOLEDO-OCAMPO 8 LISA M. AUSTIN ol�(PORTION OF LOT 4 )-`.__ INST. No. 0204219332 O.P.R.T.C.T. 52+80 S)`ED CORER -24' L J N I K eg • ( TX-TARR-DWPL-004.00 CITY OF FORT WORTH LOT 4 33+00 \ 1'74+U�( LOT 3 -5' U11UTY ESMT VOL 388-Y, PC. 98 P.R.T.C.T. COUNTY, CC et a CC U . J -J-j J 4 VI rrteil .1 1ino_ Pot oedn'0 VQinnN„ - / (T(-TARR-DWPL-004.00 ) CITY OF FORT WORTH VOL 663, PC. 220 D.R.T.C.T. 20' W1DC UCENSC AREA BLOCK 8 VAN ZANDT PLACE VOL 388-Y, PC. 08 P.R.T.C.T. 34+00 0 070' 35+00 PROPOSED 8' NATURAL GAS PIPELINE C, JONN CT No• 850 aesrwt 4 1125 715 ( -TOP OF PROPOSCO 8' NATURAL CAS PIPEUNE VIGT•.O UTtn nMr 3fl ll.l Afvgo•.AAIr LOCAT iscconnn*lrt.11YW PPCWXIuM.S.NO:LD.M. CCrlIKACIC. WALL won C•ACT LoUITYI N.DUrv*lcl OF ALL C•CT/gUTUTCG•,AOCACCwcv CUIC41 IO D .ctmUCtc.. NO CALL Tr,nci C.f. CALL C.GTD.1AT Iau.Vtd•V%N(,ALL 0001 UT LITY CO.ONIV'S AT LCA:.T; W.A.rn ( 3 IYNCunIn.9• T000.03000TIC•1 `1-�8(00SS5-4545 TEXAS Antarr SYSTEM IFC (ISSUED FOR CONSTRUCTION) NOV. 15, 2012 DATE: 1 2 NO. CDRGC'T..IR 0-10'00'00* R.2000. LOT 2 cc u J 1t 1'- O ID CITYWORSN tic FO. 10' t 3t7:60 ot 0 2 '4 w • (TX-TARR-0 WPL-005.00R D)- LAKE RIDGE ROAD .......n--r, I ' APPROX. LOCATION-2 DRVar 36+00 SURVEY UNE LOT I 37+00 A TEXAS (TX-TARR-DWPL-006.00) CITY OF FORT WORTH TARR-D-005.01 UT) ATM ' GAS LINE 38+00 i iSTA-37+83 9' ATMOS GAS IJNC- DETAIL j TX-TARR-DWPL-005.00RD CDFW LAKE RIDGE ROAD TOWN OF LAKESIDE 8' WATER UNE TX-TARR-0WPL-005.OIUT 6' ATMOS GAS UNE INSTALLATION METHoO: HDO PROPANE TANK HEAD ( TX- TARR-DWPL-006.00 ) CITY OF FORT WORTH VOL 663. PC. 220 D.R.T.C.T. 8 W S N UIW 20' W CC QIN UCCNCC AREA 10'-1 _ 10' xa 40 uu ORTIj_CET` LIMITO I IM C5IDG-IO WN-LUWIIfrNI VIW BLOCK 15 VAN ZANDT PLACE VOL 388-Y, PG. 98 P.R.T.C.T. BEVERLY L. MITCHELL (LOT 1 8 PORTION OF LOT 2 1 VOL 5431. PC. 034 D.R.T.C.T. 39+00 Ging { I STA 37+C2 TOL /' WATER VIIE { 74'go`72L SUMMARY OF MATERIALS 8.625' 0.0. X 0.322' W.T., API 5L-X52, W/ 12-14 MIL: FOC 8.625' 0.0. X 0.322" W.T., API 5L-X52, W/ 12-14 MILS FBE, 16-18 MILS ARO DESCRIPTION REFERENCE DRAWINGS 30' DETAIL 1 SCE SHEET 13 970' CITY OWG, NO. DESCRIPTION 7 I/14i 6 10/I1/1 5 3/28/1 4 8/9/1' 3 5/23/12 2 3/20/12 1 2/20/12 NO. DATE J 1- 0 J u J 0 W 0 x UTIUTYAIX VOL 308-Y, PC. 00 P.R.T.C.T. LOT 2 DONALD H. TRUAX 8 HIS WIFE (LOT 3 8 WEST 100' LOT 21 VOL 13437. PC. 92 D.R.T.C.T. 41-4:. 607=2 8 40+00 1 700 • -.4253' TANGENT REVISION ISSUED FOR CONSTRUCTION NO CHANGES THIS SHEET REV. MDD DEPTH AND DOT LOCANON/RCV. WRKSPACE AREA 'REV. MOD DOT LOCATION/REV.TEMP. WORKSPACE ARCA UMIT 1 REVISED ALIGNMENT AND HDD REVISED HDD EXIT LOCATION REVISED HDD DESCRIPTION BMW BMW ,PR .PR BMW TVW BMW BY TWIT TWR TWR TWR TWR TAR TVW CH'K). cure • ,. 1 690 680 670 660 650 640 630 620 610 600 590 580 570 NIDSTR[AN LOT 3 a Sia . 30+00 to Sta . 40+00 m 1 Owe Sok rn _ Ai. nEREK WEAVER PAD LATERAL 8" PROPOSED NATURAL CAS PIPELINE CITY OF FORT WORTH AND TOWN OF LAKESIDE, TARRANT COUNTY. TEXAS SHin \, 44"" SHEET 6 OF I4 io p DWG. FILE. TX-TARR-DWPL-ALIGN4 I REV. 7 AUGNMENT COUNTY & STATE PROPANE AN TANK HEAD BEVERLY L. MIT ELL (LOT I B( PORTION OF LOT 2 ) VQL 5431. PO. 034 D.R.T.C.T. -x x roo LOT 1 CLAS• LOCATION HYDROSTATIC TEST PRESSURE (P.S.1.C.1 M.A.O.P. (P.S.I.G.) 2 6 0 Ov Ou- srO 1- W W g _ N W Q fA DONALD H. TRUAX 2 8 HIS WIFE LOT 3 8 WEST 100' LOT 2 ) VOL 13437. PG. 92 D.R.T.C.T. Y— 41+OOx 0 0 40+00 700 690 680 670 660 650 640 0 630 a 620 610 600 590 580 570 GENERAL INFORMATION 40 n 40 60 HORIZ. SCALE IN FEET 20 20 VCRT. SCALE IN FEET 40 J et t0 it' u tef;t5 2 LL M,'o•1 ++ N ^R TARRANT = OHE TX-TARR-DWPL-006.00 ) CITY OF FORT WORTH VOL 003. PC. 220 D.R.T.C.T. STA 42+79 PC 2D' WOE UCCNSC ARCA LOT 2 r l Y LOT 3 I LOT 4 VAN ZANDTO PLCE VOL 388-Y. PC. 90. P.RA.T.C.T. 43+00 ( TX-TARR-DWPL-006.00 ) CITY OF FORT WORTH PROPOSED 6' NATURAL GAS PIPCUNC COUNTY, 0 H • v R •Il • 10'-1 45+00 44+00 LOT 5 5' UTILITY CSMTT VOL 3B8-Y. PO. 08 P.R.T.C.T. 1,000' M .¢Mryr�llll Io aRl. f 0=14'25'00' R=2000.00' L=503.24' CB=S82' 09 '07' W 501 91' . r — .� 00 LA /• • MfCRxA1NSUNcE616 ABSTRACT /47 00 APPROXIMATE LOCATION X x x xSURVEY �x x )HNC x x x x FORT WORTH CITY LIMITS _ LAKESIDE CITY LIMITS STA 47+82 PT 6+00 C. JOHNSON SURVEY ABSTRACT No. 860Y TEXAS 48+89 FLO V Lf.E 494 PATRICK E. JACOB INST. No. 0203024197 D.R.T.C.T. 43•59 EOTTO41 OF SLOFE 1 2 A / !p0 0 4 1125 715 41+00 42+00 43+00 44+00 45+00 46+00 47+00 48+00 49+00 50+00 EXISTING / GRADE I — [,Iv1M,, Milli CS MC'J.?N, H MCR<`•I.uTT t,?•J,T,C,nN1¢unffD,PC4 CP17N^..1.1M4^.140 CU4ItV C' Itl'D1(W GUMI VCR*Y C•ACT L CATF.MN,DUL''4t 4 CF M. C•I THO UTItITt IMMTAn Wyn, PRM 10 C`4'.1N 1,..1•J,1 MCI CAll 7C AA, C,4 AL G,G1 GI M I'4t41 1'.4M' M(IML O!IO, UTLITT 034PM,IF0 At LC.ti.T 7 Nf,1114I)0•. lin MOM. Wpu 10CCM.',7RUCIVN 1-800-245-4544�5_r 45 LINE `A( S?! TEM • TOP OrPROPOSCD 8' 1,1•11HUI aee otolh mr IFC (ISSUED FOR CONSTRUCTION) DATE: NOV. 15, 2012 2 NO. SUMMARY OF MATERIALS .253' TANCEN" 8.625" 0.0. X 0.322" W.T., API SL-X52, W/ 12-14 MILS FBC 0' 8.025" 0.0. X 0.322' W.T., API 5L-X52, W/ 12-14 MILS FOE, 16-18 MILS ARO 1,000' DESCRIPTION { OTY DWG. N0. { 4- a "5 EXISTING_, rcRAOC 700 690 680 670 660 650 640 630 620 REFERENCE DRAWINGS REVISION 7 1 /14/1: ISSUED FOR CONSTRUCTION O 10/11/1i NO CHANGES THIS SHEET 5 8/28/13 REVISED HDO DEPTH 4 B/9/1 N0 CHANGES THIS SHEET 3 5/23/I: REVISED ALIGNMENT AND HDD 2 3/20/12 RCVISCD HDD EXIT LOCATION 1 2/20/12 REVISED H00 DESCRIPTION NO. DATE DESCRIPTION BMW TWR BMW TWR .PR TWR BMW TWR BMW TWR 1VW TWR BMW TVW BY CH'K0. PRO.II LNG. rum,n000 610 600 590 580 1 570 51 of �E510E AI106fRLAN Sta. 40+00 to Sta . 50+00 DEREK WEAVER PAD LATERAL' 8" PROPOSED NATURAL GAS PIPELINE CITY OF FORT WORTH AND TOWN OF LAKESIDE, TARRANT COUNTY, TEXAS pelt n-ln-xpulT�fy alQ�1+' �' ,IT fUT71 SHEET 7 OF 14 FILE, TX-T RR-DWPL-ALIGN5 IREV. 7 ii COUNTY Sr. STATE ALIGNMENT P..1/117S��`ZT PRESSURE (P.S.I.G.I 1 0. 8 al 50+00 650 640 630 620 610 600 590 580 57e' 565 GENERAL INFORMATION 40 _ `/ 40 80 auL.HORIL SCALE IN FEET 20 0 20 40 VERT. SCALE IN FECTSCALE IN FELT 51+00 TARRANT D.12' I'00' R.2000.00' L=436.92' CB=S81' 12'07' W 436.05' 52+00 ( TX-TARR-DWPL-006.00 ) CITY OF FORT WORTH VOL 003. PC. 220 D.R.T.C.T. ✓✓ -53+UU 53+00 20' WIDE UCENSE ARCA - 54+00 ( TX-TARR-DWPL-006.00 ) CITY OF FORT WORTH STA 54+74 PT 1000' 55+00 COUNTY, 4 1125 715 I I I� 10' LID. 56+00 1\..- PROPOSED 8' NATURAL CAS PIPEUNE 57+00 58+00 TEXAS 5'+U0 59+00 8 8 60+00 r_— I i 1 - - -----�----- ----- - - --- - _EXISTING GRADE — -- - DATA aUUV 34q' CURVE TOP OF OPOSED PR- 0-10'00'00' • L T�0. 0 N s A. I __ J-1--_. I1I - _ ti - - - • ."7' TO P' 2.253' TI''^"•"' Cnc1RIO vravrn.ar MOWI r, $4410.1.M1r LO'I.TIorrsoornoirD rims FPCY..VDr.N'J'o TWWW Wit -.MN CMML W: R.'Y 11..CI LOp.TDrINIDC4I.v.T9 * Or MI GJ=Trin Unlit c:'I MGCs WV. MCP 1OMII7111UCTICYI N0 CHL err Cot Lr LTrM.T 1+...11,4t.om MLO11mm, UIUTY CCAa$ACo.1' LL.'. T2 war rn Crr:, la W W:IMUR TOGYImNUCTO1 1-800__245-454�5 TEXAr�'�NE \LEIS STEM IFC (ISSUED FOR CON.STRUCTION) NOV. 15, 2012 DATE: 2 SUMMARY OF MATERIALS 8.025" 0.0. X 0.322" W.T., API 5L-X52, W/ 12-14 MILS FOC 8.015" 0.0. X 0.322' W.T., API 0L-X52, W/ 12-14 MILS FOE. 10-18 MILS ARO 0' I 1,000' REFERENCE DRAWINGS 7 1/14/1 0 0/11/1 5 I/28/1. 4 S/9/12 3 1/23/1 2 1/20/12 1 2/20/12 NO. DESCRIPTION OTY DWO. NO. DESCRIPTION NO. DATE REVISION ISSUED FOR CONSTRUCTION NO CHANCES THIS SHEET REVISED HOD DEPTH NO CHANCES THIS SHEET REVISED AUCNMENT AND HDD REVISED HDD EXIT LOCATION RCVISED HDD DESCRIPTION DMW UMW PR BMW BMW NW OMW DV TWR TWR TWR TWR TWR TWR TVW COO. PR0.1.. I FNU. r,r:W .onO am ins . 650 640 630 620 610 600 590 580 570 565 - r r .a. ra .a" Iry rw on 11Y 4'JO ,Pn • 6Y •p" 0 CheSN/DITke Sic . 50+00 to Sta . 60+00 DEREK WEAVER PAD LATERAL 8" PROPOSED NATURAL GAS PIPELINE CITY OF FORT WORTH AND TOWN OF LAKESIDE. TARRANT COUNTY, TEXAS IL• I1-1D-1012 ArL4. ' 11 A yrr"rn. DWG. FILE. SHEET 8 OF 14 TX-TARR-DWPL-ALIGN6 I REV. 7 ALIGNMENT COUNTY & STATE ---bb 20' WIDE UCCNSC AREA 8 PROPOSED 8. NATURAL CAS PIPELINE -1-- 10' 01+ 10' PROTECTIVE FENCING (TX-TARR-DWPL-006.00 ) CITY OF FORT WORTH VOL 803. PG. 220 D.R.T.C.T. CLAS' LOCATION HYDROSTATIC TEST PRESSURE (P.S.I.G.1 M.A.O.P. (P.S.I.G.) J O 0. 60+00 660 650 640 630 620 610 6115 GENERAL INFORMATION 40 /1 40 HORIL SCALE IN FEET 20 .. ` 20 VCRT. SCALE IN FEET 80 40 W400 TARRANT (TX-TARR-DWPL-006.00 ) CITY OF FORT WORTH LOCATION OF THE PIPELINE SIGNACE TO BE PLACED EVERY 100' AS CALLED OUT IN ONCOR'S STANDARD FOR PIPELINE INSTALLATION WITHIN ONCOR RICHT-OF-WAY M. 150' ••• MATCHLINE STA . 65 '"'PR 2E4 70,Li E ~ VARIABLE-WHI.IH ,-- • -. • TEMPORARY." WORKGP CE r • r ARUI - r r L<j n Yi VARIABLE .WID - r-jTEMP0PARW 3B, '-WORKSPACE' r - ARfA -'• -1.IA' • rn •UY Ira IIM • Iio ►a •n" -Is • 11114•14 Mrs 05' ^-BOR ^50-20�wa ar.L61+ rrr APPROX. PR 241' 6'F+30 WTYWo ' goat 211' 61+00 r HDO.FNrRa}c )J TA[L .' PROTEC FENCING Aw TX-TARR-DV.PL-006.01UT Iva COFW 18" DUCTILE IRON WATER LINE INSTAILAMON METHOD: CONVENTIONAL RORC �� X.44,4-4,44(J :e 4 .•a of 40' Mf • t+a T10 .af MIN 4•f I•IS :a 20' CITY or r r WORTH ®m WATER EvUT A'"• PER CITY OF T WORTH PLANS -"SAW -1f147'1 62+00 0 120' ui r r r STA 63+61 I I VARIABLE WIDTH TEMPORARY PI / BORE EXIl WORKSPACE yyl!11y�1yy1I w1� ARCA i3 b S 8 W�TM JIII III lJ.ST6 % ww !III II�1 63+00 "1 '0 30' BLOCK I LAKE OAKS ESTATES PHASE TWO CAD. 'A SUDE 2713 P.R.T.C.T. LOT II 7.5' UTILITY CASEMENT CAB. • A• . SLOE 2713 P.R.T.C.T. INSTALL A LOW -RESISTANCE GROUND WITH DNRYLAND DIODE DEVICE AND 4 ANODES (20' SPACING) AT STATION 63+86 (*SO') PER INDUCED AC INTLRFERCNCE STUDY C►tfW011.04 FORT EtJ 64+00 LOT 10 COUNTY, w C 36. 115 MATER VALVE -17' L ( TX-TARR-17WPL-007.00 TEXAS ELECTRIC SERVICE COMPANY NAIL WOUND 3' WM ,NAIIIIUI. GICIINO II' NM. IMO MD rIONMAX rLL (300 /L YN.) ppoon340 s• POLLx FLOWABLE FILL CONCRETE CAP N.T.S. APPROX. LOCATION SURVEY UNE 8 SdIY I.E1I3 1.LE TEXAS 8 NOTE! THIRD PARTY INSPECTION AND DOCUMENTATION OF BACKFILL MATERIALS AND COMPACTION WILL BE REQUIRED. THIRD PARTY SHALL HOLD TO THE CITY'S STANDARDS AND SPECIFICATIONS FOR BACKF1LLING WITHIN STREET ROW. THIRD PARTY SHALL BE A GEOTECHNICAL/SOILS ENGINEER REGISTERED IN THE STATE OF TEXAS. DOCUMENTATION WILL BE SUBMITTED TO THE CITY. (TX-TARR-DWPL-006.00 ) CITY OF FORT WORTH VOL 683. PC. 220 D.R.T.C.T. PROPOSED 8' NATURAL CAS PIPCLINC w w �- wW.M.H.w iba 44 c Y r+ rs . r 2.501' 66+00 t.,_ +00 4'L.l--I1 -1m tCitlif' It(11tl ll1.1I11111.1 11lll1'r:l• 11111/11 i. 111. 1111111 t111.111 A1111111 ' 1111'11111 •-ORE 4 oNT WOIa i R`C :r , Y i L L, \ T t m. rn. t171 rn 1111111111111111111L61e odttl11111 1111111tllllt1tt111 N tl't111111 lll11l1111111.1111111 lTl1hilll11 1 LU W L] ] W 1 L1� �, n1't_L1 1 1 11 1 OHt OHE "�N� OK OF[ 0Mc O�1Hct ONE ONE --I- OHE OIIL 7.D UTILITY EAr.EMENT OFC OHC OHE CAB. • A' . SLOE 2713 P.R.T.C. )1C OHC NC OK ORE 21E 014E ONE OHC OHE )IC 0)C oIC OHE ONE DETAIL - NOT TO SCALE 2.80' WIDE PERMANENT PIPCLINC EASEMENT 50' w10 UCTNSLa- 17' ORE BLOCK I LAKE OAKS ESTATES PHASE TWO CAB. A. SLIDE 2713 P.R.T.C.T. 4 1125 715 65+00 LOT II 66+00 630' 67+00 oHE 1111E OHE OHC :OWER 1(14/6 HE OHE LOHC OHC OHC LOCATION OF THE PIPEUNE SICNAGE TO BE PLACED EVERY 100' AS CALLED OUT IN ONCOR'S STANDARD FOR PIPEUNE INSTALLATION WITHIN ONCOR RIGHT-OF-WAY 20' CITY OF TORT WORTH - WATER LINE ESMT PER CITY OF FORT WORTH PLANS X-19425 w w 70 DD ttlttltttl'tlTi. (1t111lllltlllI1Itlllllll`illllll1 MU 1111t11111111k-,..a'+Noel.illllllllllllllltlllllllllilllllllllllill_ 1111111.1111111. H(�iU M IZ 11111U 1111111111111111111111111111 Ill 11 l 1.1. l 1 l 1 l l fftrn.11 l l 111.1.1 1 1 l 1 1 1 1 1 111 l 1 l 1 l 11 l 111 1111.1. l 1 111. l ' WIC•"-'�'-rOiE- 'OHE• •0•NLI O'HE.OHE HC• `• '-•0'tfir OHC on 0HE • OHC • ONE" ONE of OF OFE OHE OHC OHC OHC OHC OHC OHC OlE ON 7.5' UTLITY CASEMENT CAB. •A• A. SUDE 2713 P.R.T.C.T. OHC OHE OHC OHC OHE 014C ONC OHE OHE ONC 01E 014C w w w w W .+ 00 TONCITITE BLOCK 4 LAKE OAKS ESTATES PHASE TWO CAO. "A". SLIDE 2713 P.R.T.C.T. 68+00 -01 E - 0►c ( TX-TARR-DWPL-007.0O TEXAS ELECTRIC SERVICE COMPANY VOL 22t0. PC. 218 LOT I D.R.T.C.T. 69+00 OHE OHC OHC OH OHC ONC 01E OH OHE OHC OIC OH OBE 13TIC" = C A LOT 2 10+00 !_- 10' ENTR ETA-63MJ COFW 16' DUCTILE MON WATER LOC ROOWABI�FIU I ! '• j �� r i NOD ENTRY \ � TO L.49.6 1 1 Ir I 1 swim, GRAOC I } IAPPITOX. =� I�IN- l I �-i�-- 3.` MINr+ \-rOP I -�I OF'PROPOSED I I L �IPEl1N _ - _ E PIT } I ID' MIN.J _ IF(SCL-NOTC) ~ -_ r BORE PIT 0 L1 1 1 4 O 1 u 'i4 :'(uai. I ut-1„o 1 16. 1`Pi'" Ov H ►� 1 r .1741 j(�!' IP I � d 1 4� � .1IV W d 1 I I ! (6. y'6 I'I �-�-� 200' TO PT 110 I in" i6�F I ,~eiw 1! t- .,nl b 1- C.17010 NIN(5 Nit IH?NI .I *PHU .MAIT LOCAtIO.GM'htPAllt,rNC.A1 I51CN:•JCAW LINO 14%I1A , C.4•11NACT00 b'ILL YCNSY C.AC1 LOCATC.1 N1DClf VAT✓.N Or Nl C'Rlr1O Mutt: fINirACrWX WC010 'ICtk0:101MC ctL MM..C•[ CALL .Y1.Y W AI 1.11pf. V•.t•45NONL ONO, UTUT 0 4M1[c4T LU'T 2W.Irnpry 1-800-245-454,'5 TEX�� NE C�LrtA EM IFC (ISSUED FOR CONSTRUCTION) NOV. 15. 2012 DATE:_ SUMMARY OF MATERIALS 8.025' O.D. X 0.322' W.I. API 5L-X52. W/ 12-14 MILS FOC 2 8.825" 0.0. X 0.322' W.T., API SL-X52, w/ 12-14 MILS FBC, 16-16 MILS ARO NO. DESCRIPTION REFERENCE DRAWINGS 759' DETAIL 2 241' CITY DWG. N0. SEC SHCCT 13 DESCRIPTION REVISION 7 1/144 ADOCD ONCOR NOIES/ISSUED FOR CONSTRUCTION 6 10/11� REVISED UCENSC AREA AROUND ONCOR TOWER 5 3/28/1 REVISED H00 DEPTH 4 8/9/12 NO CHANGES THIS SHEET 3 5/23/12 REVISED HDD 2 3/20/12/ REVISED AUGNMCNT AND EASEMENTS 1 2/20/13 REVISED VERTICAL ALIGNMENT/ADDED NOTE II N0. DATE I DESCRIPTION BMW BMW .PR BMW BMW BMW BMW BY TWR TWR TWIT TVA TWR TWR TVW CH'K0.1 cNa' LNG. 4000 660 650 640 =30 620 610 605 LCOx 3�00R7p4 Nf0/1RLtM Sta. 60+00 to Sta . 70+00 nEREK WEAVER PAD LATERAL 8" PROPOSED NATURAL GAS PIPELINE CITY OF FORT WORTH AND TOWN OF LAKESIDE, TARRANT COUNTY. TEXAS Nt EXHIBIT "C" PARK RESTORATION SPECIFICATIONS Natural Gas Pipeline License Agreement Wildwood Park Page 29 of 27 EXHIBIT "C" SECTION 02300 - EARTHWORK PART 1 -GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment, and services required to construct, shape, and finish earthwork to the required lines, grades, and cross sections as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 02200 - Site Preparation. B. Grading Plan: Refer to plan sheets. 1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis only. PART 2 - PRODUCTS 2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation, unless separately designated, within the limits of the work. Unclassified excavation includes all material encountered regardless of its nature or the manner in which it is to be excavated. 2.02 UNCLASSIFIED FILL A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native materials removed in unclassified excavation, or similar imported materials, 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," as specified in Section 02200, "Site Preparation." Topsoil may be greater or less than the upper six inches (6") in depth. EARTHWORK 02300 I- 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 MA I'ERIALS 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 seduce the moisture content to a usable optimum condition. EARTH WORK 02300 2- PART 3 - EXECUTION 3.01 SITE PREPARATION: In general, "site preparation," as specified in Section 02200, shall be performed in advance of grading and earthwork operations and shall be completed over the entire area of earthwork operations. 3.02 TOPSOIL A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin. Likewise, topsoil will be replaced after excavation and embankment construction are complete. B. Removal: Topsoil shall be stripped to an average depth of six inches (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- 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. 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 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- 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') 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 CON 1'ROL 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- 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. END OF SECTION EARTHWORK 02300 -6- 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. S. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. 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. Schedule After All Other Construction and planting is complete. SECTION 02930 - SEEDING -1- 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 Lohwn multiflorztm 82% 40 Bermuda (unhulled) Cynodon dactylon 84% SECTION 02930 - SEEDING -2- 80% 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 Elyrnus 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 bipinnatifrda Lindheimeri texana Callirhoe involcrata Rudbeckia hirta Engelmannia pinnatifrda 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. 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- • Mulch planting of s d, tth 1 th fertilizer. Mulch should be wood cellulose'fiber produced from.virgin wood or recycled paper -by-products (waste:producta from: paper mills or recycled newspaper): or,hydraulic Mulch should be designed for use with conventional mechanical ,see e er a one or w Mulch`should contain no growth_lor germination inhibiting factors Mulch should, contain no more than ten percent (10%) moisture,_ air dry weight basis..:. Additives shall include -a binder in powder form. Material shall form a strong moisture -retaining: mat..: Fertilizer -.1:,.; : All,fertilizer shallbe delivered in bagsor containers clearly -labeled showing the analysis: All fertilizer shall be_inacceptable 'co_ ndition for distribution and shall be applied uniformly :over the planted area nalysis:of 16-20=0, 16-8478; or as designatedon:the plans._ ertilizer,rate:,44 No fertilizer- Is required forwildfloiver seeding .- Where applying fertilizer on newly established sealin• g- areas ;= 1O(1:pounds.. of Nitrogen per acre: ' . Where 'applyingfertilizer on;established-seeding areas 150=pounds of•' Nitrogen per. acre _ .. Water: Shall be: furnished by. the Contractor . at:no cost to.the Owrier,,by theans;`of_ : temporarymetering / rrigati:tru on,'waterek or liyany'other method necessary to achieve ; viable; acceptable stand Of turf asanoted in 04.B:.2.,_of this specification The Water source.shall bp clean acid free -of industrial Wastes :or other, substances harmful. to. the germination of the -seed or to -the growth of thevegetation., .The -amount ofwater:will:'ary-� according to the, weather variables: Generally; an amount of water that is equalto:the average amount. of rainfall plus one half inch (1/2"):per week should be applied.for r",; _ ' .:F approximately three`weeks-'or_until -project is- accepted by the: City. , • rosion.Control -Measures For seedirig application in areas up to 3:1 slope, use cellulose; fiber Of paper. mulch; (see 2 01 B:; Mulch and 3.03): For seeding -application in: areas- 31 slope:or greater, use the. following. soil'' retention blanket (Followthe Manufacturer's 'direetions) . Curlex I' from American Excelsior, 900 Ave. H:East,- Post Office Box 5624, . - - Arlington, Texas 76001; 1 OAA r p777 afrr - - - recycled Iv1I)(ING Seed„mulch; fertilizer and water may be.. in-ixed provided that: Mixture IS uniformly suspended to. form a homogenous -slurry.. 2: ` Mixture forms a blotter -like ground cover impregnated uniformly with grass seed: Mixture is applied within thirty (30) minutes after placed in the equipment. `. SECTION'02930 - SEEDING -4- PART 3 — EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: 1. Stumps, stones and other objects larger than one inch. 2. Roots, brush wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. 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 "Cultipacker" type. All rolling of slope areas shall be on the contour. 3.03 MULCHING A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre. 2. Sandy soils, sloping surfaces - minimum 1 800 lbs./acre. 3. Clay soils flat surfaces - minimum 2,500 lbs./acre. 4. Clay soils sloping surfaces - minimum 3,000 lbs./acre. SECTION 02930 - SEEDING -5- 5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious. C. Apply within thirty (30) minutes after placement in equipment. Keep mulch moist, by daily water application, if necessary: 1. For approximately twenty-one (21) days, or 2. Until seeds have germinated and have rooted in soil, (see 3.04.B.2.) and project has been accepted by the City. 3.04 MAINTENANCE AND 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- 329213-1 HYDROMULCHING, SEEDING AND SODDING Page 1 of 7 1 SECTION 32 92 13 2 HYDROMULCHING, SEEDING AND SODDING 3 PART1- GENERAL 4 1,1 SUMMARY 5 A. Section Includes 6 1. Furnishing and installing grass sod and permanent seeding as shown on plans, or as 7 directed. 8 B. Deviations from City of Fort Worth Standards 9 1. None 10 C. Related Specification Sections include but are not necessarily limited to 11 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the 12 Contract. 13 - 2. Division 1 - General Requirements. 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Measurement 17 a. Block Sod Placement. measure by the square yard. 18 b. Seeding: measure by the square yard by the installation method. 19 c. Mowing. measure by each. 20 2. Payment 21 a. Block Sod Placement: contract unit price and total compensation for furnishing 22 and placing all sod, rolling and tamping, watering (until established), disposal 23 of all surplus materials, and material, labor, equipment, tools and incidentals 24 necessary to complete the work 25 b. Seeding: contract unit price and total compensation for furnishing all materials 26 including water for seed -fertilizer, slurry and hydraulic mulching, water and 27 mowing (until established), fertilizer, and material, labor, equipment, tools and 28 incidentals necessary to complete the work. 29 c. Mowing: contract unit price and total compensation for material, labor, 30 equipment, tools and incidentals necessary to complete the work. 31 1.3 REFERENCES [NOT USED] 32 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 33 1.5 ACTION SUBMITTALS [NOT USED] 34 1.6 INFORMATIONAL SUBMITTALS 35 A. Seed 36 1. Vendors' certification that seeds meet Texas State seed law including: 37 a. Testing and labeling for pure live seed (PLS). 38 b. Name and type of seed. 39 2. All seed shall be tested in a laboratory with certified results presented to the City in 40 writing, prior to planting. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 [insert Project Name] [Insert Project Number] 329213-2 HYDROMULCHING, SEEDING AND SODDING Page 2 of 7 1 3. All seed to be of the previous season's crop and the date on the container shall be 2 within twelve months of the seeding date. 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING 7 A. Block Sod 8 1. Protect from exposure to wind, sun and freezing. 9 2. Keep stacked sod moist. 10 B. Seed 11 1. If using native grass or wildflower seed, seed must have been harvested within one 12 hundred (100) miles of the construction site. 13 2. Each species of seed shall be supplied in a separate, labeled container for 14 acceptance by the City. 15 C. Fertilizer 16 1. Provide fertilizer labeled with the analysis. 17 2. Conform to Texas fertilizer law. 18 1.11 FIELD [SITE] CONDITIONS [NOT USED] 19 1.12 WARRANTY [NOT USED] 20 PART 2 - PRODUCTS [NOT USED) 21 2.1 OWNER -FURNISHED PRODUCTS [NOT USED] 22 2.2 MATERIALS AND EQUIPMENT 23 A. Materials 24 1. Block Sod 25 a Sod Varieties (match existing if applicable) 26 1) "Stenotaphrum secundatum" (St. Augustine grass), 27 2) "Cynodon dactylon" (Common Bermudagrass), 28 3) "Buchloe dactyloides' (Buffalograss), 29 4) an approved hybrid of Common Bermudagrass, 30 5) or an approved Zoysiagrass. 31 b. Sod must contain stolons, leaf blades, rhizomes and roots. 32 e. Sod shall be alive, healthy and free of insects, disease, stones, undesirable 33 foreign materials and weeds and grasses deleterious to its growth or which 34 might affect its subsistence or hardiness when transplanted. 35 d. Minimum sod thickness: 3/4 inch 36 e. Maximum grass height: 2 inches 37 f. Acceptable growing beds: 33 1) St. Augustine grass sod: clay or clay loam topsoil. 39 2) Bermuda grasses and zoysia grasses: sand or sandy loam soils. 40 g. Dimensions. 41 1) Machine cut to uniform soil thickness. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 [Insert Project Name] [Insert Project Number] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 329213-3 HYDROMULCHING, SEEDING AND SODDING Page 3 of 7 2) Sod shall be of equal width and of a size that permits the sod to be lifted, handled and rolled without breaking. h. Broken or torn sod or sod with uneven ends shall be rejected. 2. Seed a. General 1) Plant all seed at rates based on pure live seed (PLS) a) Pure Live Seed (PLS) determined using the formula: (1) Percent Pure Live Seed = Percent Purity x [(Percent Germination + Percent Firm or Hard Seed) + 1001 2) Availability of Seed a) Substitution of individual seed types due to lack of availability may be permitted by the City at the time of planting b) Notify the City prior to bidding of difficulties locating certain species. 3) Weed seed a) not exceed ten percent by weight of the total of pure live seed (PLS) and other material in the mixture. b) Seed not allowed: (1) Johnsongrass (2) nutgrass seed 4) Harvest seed within 1-year prior to planting b. Non-native Grass Seed 1) Plant between April 15 and September 10 Lbs. Common Name PLS/Acre 25 Bermuda (unhulled) 75 Bermuda (hulled) 2) Plant between September Lbs. Common Name PLS/Acre 220 Rye Grass 75 Bermuda (unhulled) Botanical Name cynodon dactylon cynodon dactylon 10 and April 15 Botanical Name lolium rnulttflorum cynodon dactylon c. Native Grass Seed 1) Plant between February 1 and October 1. Lbs. PLS/Acre 1.6 5.5 3.7 170 1.8 0.5 6.0 8.0 1.2 1.8 100 Common Name Green Sprangletop Sideoats Grama* Little Bluestem* Buffalograss Indian Grass* Sand Lovegrass* Big Bluestem Eastern Grama Blue Grama Switchgrass Prairie Wildrye* CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Purity (percent) 85 95 Purity (percent) 85 95 Germination (percent) 90 90 Germination (percent) 90 90 Botanical Name Leptochloa dubia Bouteloua curtipendula Schizachyriutn scopariwn Buchloe dactyloides Sorghastrwn nutans Eragrostis Irichodes Andropogon gerardii Tripscacutn dactyloides Bouteloua gracilis Panicutn virgatum Elytnus canadensis [Insert Project Name] [Insert Project Number] 1 2 3 4 5 6 7 8 9 10 Wildflower Seed 1) Plant between the following: a) March 5 and May 31 b) September 1 and December 1 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 *not to be planted within ten walkway 32 92 13 - 4 HYDROMULCHING, SEEDING AND SODDING Page4of7 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 feet of a road or parking lot or within three feet of a e. Temporary Erosion Control Seed 1) Consist of the sowing of cool season plant seeds, Botanical Name Sinsia calva Asclepias tuberosa Rudbeckia amplexicaulis Coreopsis basalis Desmanthus illinoensis Cassiafasciculata Verbena bipinnatifida Lindhehneri texana Callirhoe involcrata Rudbeckia hirta Engelmannia pinnatifida Physostegia intermedia Salvia azurea Coreopsis tinctoria Salvia coccinea 11 3. Mulch 12 a. For use with conventional mechanical or hydraulic planting of seed. 13 b. Wood cellulose fiber produced from virgin wood or recycled paper -by-products 14 (waste products from paper mills or recycled newspaper). 15 c. No growth or germination inhibiting factors. 16 d. No more than ten percent moisture, air dry weight basis. 17 e. Additives: binder in powder form. 18 f. Form a strong moisture retaining mat. 19 4. Fertilizer 20 a. acceptable condition for distribution 21 b. applied uniformly over the planted area. 22 c. Analysis 23 1) 16-20-0 24 2) 16-8-8 25 d. Fertilizer rate: 26 1) Not required for wildflower seeding. 27 2) Newly established seeding areas - 100 pounds of nitrogen per acre. 28 3) Established seeding areas - 150 pounds of nitrogen per acre. 29 5. Topsoil: See Section 32 91 19, 30 6. Water: clean and free of industrial wastes or other substances harmful to the 31 germination of the seed or to the growth of the vegetation. 32 7. Soil Retention Blanket 33 a. "Curlex I" from American Excelsior, 900 Ave. H East Post Office l3ox 5624, 34 Arlington, Texas 76001, 1-800-777-SOIL or approved equal. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 [Insert Project Name] [insert Project Number] 1 2 2.3 ACCESSORIES [NOT USED] 3 2.4 SOURCE QUALITY CONTROL [NOT USED] 329213-5 HYDROMULCHING, SEEDING AND SODDING Page 5 of 7 4 PART 3 - EXECUTION [NOT USED] 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION 8 A. Surface Preparation: clear surface of all material including: 9 1. Stumps stones, and other objects larger than one inch. 10 2. Roots, brush, wire, stakes, etc. 11 3. Any objects that may interfere with seeding or maintenance, 12 B. Tilling 13 1. Compacted areas: till one inch deep. 14 2. Areas sloped greater than 3:1: run a tractor parallel to slope to provide less 15 seed/water run-off. 16 3. Areas near trees: Do not till deeper than one half inch inside "drip line" of trees. 17 3.4 INSTALLATION 18 A. Block Sodding 19 1. General: 20 a. Place sod between curb and walk and on terraces that is the same type grass as 21 adjacent grass or existing lawn. 22 b. Plant between the average last freeze date in the spring and 6 weeks prior to the 23 average first freeze in the fall. 24 2. Installation 25 a. Plant sod specified after the area has been completed to the lines and grades 26 shown on the plans with 6 inches of topsoil. 27 b. Use care to retain native soil on the roots of the sod during the process of 28 excavating, hauling and planting. 29 c. Keep sod material moist from the time it is dug until planted. 30 d. Place sod so that the entire area designated for sodding is covered. 31 e. Fill voids left in the solid sodding with additional sod and tamp. 32 f. Roll and tamp sod so that sod is in complete contact with topsoil at a uniform 33 slope. 34 g. Peg sod with wooden pegs (or wire staple) driven through the sod block to the 35 firm earth in areas that may slide due to the height or slope of the surface or 36 nature of the soil, 37 3. Watering and Finishing 38 a. Furnish water as an ancillary cost to CONTRACTOR by means of temporary 39 metering / irrigation, water truck or by any other method necessary to achieve 40 an acceptable stand of turf as defined in 3.13 B. 41 b. Thoroughly water sod immediately after planted. 42 c. Water until established. CITY OF FORT WORTH S PANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 [insert Project Name] [Insert Project Number] 329213-6 HYDROMULCHING, SEEDING AND SODDING Page 6 of 7 1 d. Generally, an amount of water that is equal to the average amount of rainfall 2 plus one half inch per week should be applied until accepted. If applicable 3 plant large areas by irrigation zones to ensure areas are watered as soon as they 4 are planted. 5 B. Seeding 6 1, General 7 a. Seed only those areas indicated on the plans and areas disturbed by 8 construction. 9 b. Mark each area to be seeded in the field prior to seeding for City approval. 10 2. Broadcast Seeding 11 a. Broadcast seed in two directions at right angles to each other. 12 b Harrow or rake lightly to cover seed. 13 c. Never cover seed with more soil than twice its diameter, 14 d. For wildflower plantings: 15 1) scalp existing glasses to one inch. 16 2) remove grass clippings, so seed can make contact with the soil. 17 3. Mechanically Seeding (Drilling): 18 a. Uniformly distribute seed over the areas shown on the plans or as directed. 19 b. All varieties of seed and fertilizer may be distributed at the same time provided 20 that each component is uniformly applied at the specified rate. 21 c. Drill seed at a depth of 1/4 inch to 3/8 inch utilizing a pasture or rangeland type 22 drill. 23 d. Drill on the contour of slopes 24 e. After planting roll with a roller integral to the seed drill, or a corrugated roller 25 of the "Cultipacker" type. 26 f. Roll slope areas on the contour. 27 4. Hydromulching 28 a Mixing. Seed, mulch, fertilizer and water may be mixed provided that: 29 1) Mixture is uniformly suspended to form a homogenous slurry. 30 2) Mixture forms a blotter -like ground cover impregnated uniformly with 31 grass seed. 32 3) Mixture is applied within thirty (30) minutes after placed in the equipment. 33 b. Placing 34 1) Uniformly distribute in the quantity specified over the areas shown on the 35 plans or as directed. 36 5. Fertilizing: uniformly apply fertilizer over seeded area. 37 6. Watering 38 a. Furnish water by means of temporary metering / irrigation, water truck or by 39 any other method necessary to achieve an acceptable stand of turf as defined in 40 3.13.B. 41 b. Water soil to a minimum depth of 4 inches within forty eight hours of seeding. 42 c. Water as direct by the City at least twice daily for 14 days after seeding in such 43 a manner as to prevent washing of the slopes or dislodgement of the seed. 44 d. Water until final acceptance. 45 e. Generally, an amount of water that is equal to the average amount of rainfall 46 plus one half inch per week should be applied until accepted. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 [Insert Project Name] [Insert Protect Number] 329213-7 HYDROMULCEHNG, SEEDING AND SODDING Page 7of7 l 3.5 [REPAIR]/[RESTORATION] [NOT USED] 2 3.6 RE -INSTALLATION [NOT USED] 3 3.7 FIELD QUALITY CONTROL [NOT USED] 4 3.8 SYSTEM STARTUP [NOT USED] 5 3.9 ADJUSTING [NOT USED] 6 3.10 CLEANING [NOT USED] 7 3.11 CLOSEOUT ACTIVITIES 8 3.12 PROTECTION [NOT USED] 9 3.13 MAINTENANCE 10 A. Block Sodding 11 1. Water and mow sod until completion and final acceptance of the Project or as 12 directed by the City. 13 2. Sod shall not be considered finally accepted until the sod has started to peg down 14 (roots growing into the soil) and is free from dead blocks of sod. 15 B. Seeding 16 1. Water and mow sod until completion and final acceptance of the Project or as 17 directed by the City. 18 2. Maintain the seeded area until each of the following is achieved: 19 a. Vegetation is evenly distributed. 20 b. Vegetation is free from bare areas. 21 3. Turf will be accepted once fully established. 22 a. Seeded area must have 100 percent growth to a height of three inches with one 23 mow cycle performed by the CONTRACTOR prior to consideration of 24 acceptance by the City 25 C. Rejection 26 1. City may reject block sod or seeded area on the basis of weed populations. 27 3.14 ATTACHMENTS [NOT USED] 28 29 30 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 [Insert Project Name] [insert Project Number] 329119-I TOPSOIL PLACEMENT AND FINISHING OF PARKWAYS Page 1 of 3 1 SECTION 32 91 19 2 TOPSOIL PLACEMENT AND FINISHING OF PARKWAYS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes 6 1. Furnish and place topsoil to the depths and on the areas shown on the plans. 7 B. Deviations from City of Fort Worth Standards 8 1. None 9 C. Related Specification Sections include but are not necessarily limited to 10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the 11 Contract. 12 2. Division 1 - General Requirements. 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Measurement: 16 a. Topsoil. measure by the cubic yard in place. 17 2. Payment: 18 a. Contract unit price and total compensation for loading, hauling, placing and 19 furnishing all labor equipment, tools, supplies, and incidentals as necessary to 20 complete work. 21 b. All excavation required by this item in cut sections shall be measured in 22 accordance with provisions for the various excavation items involved with the 23 provision that excavation will be measured and paid for once, regardless of the 24 manipulations involved. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 [Insert Project Name] [Insert Project Number] 32 91 19 - 2 TOPSOIL PLACEMENT AND FINISHING OF PARKWAYS Page 2 of 3 1 1.3 REFERENCES [NOT USED] 2 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 3 1.5 ACTION SUBMITTALS 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2 - PRODUCTS 12 2.1 OWNER -FURNISHED [oil] OWNER-SUPPLIEDPRODUCTS [NOT USED] 13 2.2 MATERIALS 14 A. Topsoil 15 1. Use easily cultivated, fertile topsoil that: 16 a is free from objectionable material including subsoil, weeds, clay lumps, non- 17 soil materials, roots, stumps or stones larger than 1.5 inches 18 b. has a high resistance to erosion, and 19 c. is able to support plant growth. 20 2. Secure topsoil from approved sources. 21 3. Topsoil is subject to testing by the City. 22 4. pH: 5.5 to 8.5. 23 5. Liquid Limit. 50 or Tess. 24 6. Plasticity Index: 20 or less. 25 7. Gradation: maximum of 10 percent passing No. 200 sieve. 26 B. Water: Clean and free of industrial wastes and other substances harmful to the growth 27 of vegetation. 28 2.3 ACCESSORIES [NOT USED] 29 2.4 SOURCE QUALITY CONTROL [NOT USED] 30 PART 3 - EXECUTION 31 3.1 INSTALLERS [NOT USED] 32 3.2 EXAMINATION [NOT USED[ 33 3.3 PREPARATION [NOT USED] 34 3.4 INSTALLATION 35 A. Finishing of Parkways. 36 1. Smoothly shape parkways, shoulders, slopes, and ditches. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 [Insert Project Name] [Insert Project Number] 3291 19-3 TOPSOIL PLACEMENT AND FINISHING OF PARKWAYS Page 3 of 3 1 2. Cut parkways to finish grade prior to the placing of any improvements in or 2 adjacent to the roadway. 3 3. In the event that unsuitable material for parkways is encountered, extend the depth 4 of excavation in the parkways six inches and backfill with top soil. 5 4. Make standard parkway grade perpendicular to and draining to the curb line. 6 a. Minimum 1/4 inch per foot. 7 b. Maximum:4:1. 8 c. City may approve variations from these requirements in special cases. 9 5. Whenever the adjacent property is lower than the design curb grade and runoff 10 drams away from the street, the parkway grade must be set level with the top of the 11 curb. 12 6. The design grade from the parkway extends to the back of the walk line. 13 7. From that point (behind the walk), the grade may slope up or down at maximum 14 slope of 4:1. 15 B. Placing of Topsoil 16 1. Spread the topsoil to a uniform loose cover at the thickness specified. 17 2. Place and shape the topsoil as directed. 18 3. Hand rake finish a minimum of 5 feet from all flatwork 19 4. Tamp the topsoil with a light roller or other suitable equipment. 20 3.5 [REPAIR]/[RESTORATION] [NOT USED] 21 3.6 RE -INSTALLATION [NOT USED] 22 3.7 FIELD QUALITY CONTROL [NOT USED] 23 3.8 SYSTEM STARTUP [NOT USED] 24 3.9 ADJUSTING [NOT USED] 25 3.10 CLEANING [NOT USED] 26 3.11 CLOSEOUT ACTIVITIES [NOT USED] 27 3.12 PROTECTION [NOT USED] 28 3.13 MAINTENANCE [NOT USED] 29 3.14 ATTACHMENTS [NOT USED] 30 END OF SECTION 31 32 DATE • Revision Log NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 [Insert Project Name] [insert Project Number] SECTION 02840 - TURF SODDING PART 1GENERAL 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. B. 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 Project Manager. All delivery receipts and copies of invoices for materials used for this work shall be subject to verification by the Project Manager. 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. B. Fertilizer 1. Unopened bags labeled with the analysis. 2. Conform to Texas Fertilizer Law. 1.05 QUALITY CONTROL The 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. SECTION 02840 - TURF SODDING -I- PART 2 — PRODUCTS 2.01 SOD A. The sod shall be "Common Bermuda" 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, or as called for on plan, 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 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 pH 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 DH 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 Project Manager's approval. SECTION 02840 -TURF SODDING 2- 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 (3") 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 rototiIler 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 mechanical roller 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 full 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 as per requirements indicated in Part 2 — 2.03 Water END OF SECTION SEC ICON 02840 - TURF SODDING -3- ,;.-=�tit tilt; 6 to 8 inches of ,mulch Crrr Or raw WORTH, TEXAS PARKS AND COMMUNITY SERVICES DEPT. i Trench is located at the edge of drip line. Jjjj; J& Chain link fence or wrapping trunk of the tree with 2"x4" studs as approved by the City Forester TREE PROTECTION TRENCH DETAIL I SCALE: N.T.S. E' LLE NO: 000 6 to 8 inches of mulch crryorPERT wort TEXAS PARKS AND COMMUNITY SERVICES DEPT. 6 a 6 Timber Matting Nix MTV wormermailar Chain link fence or wrapping trunk of the tree with 2"x4" studs as approved by the City Forester TREE PROTECTION W/IN DRIPLINE SCALE: FILE NO: N. T. S. 000 . Access Road or Temporary Workspace Area ,111 II II II III ,11 0111 CTS7 0? POSIT VOTern, 1111CCAZ PARKS AND COMMUNITY SERVICES DEPT. Tree Protection Fencing Ti ber Matting 6"- 8" Mulch Base Existin Soil FENCING ACCESS / MATTING OVER UTILITIES SCALE: N. T. S. FILE NO: 000 Access Road or Temporary Workspace Area Tree Protection Fencing Timber Matting 6"- 8r> Mulch Base 917/7/7 ifiFirk777,/,1177/A. Cr LITT _. PARKS AND COMMUNITY SERVICES DEPT. Existing Soil FENCING ACCESS / MATTING OVER UTILITIES SCALE: N. T. S. FILE NO: 000 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/14/2012 DATE• Tuesday, August 14, 2012 REFERENCE NO.: L-15427 LOG NAME• 80WILDWOOD PARK NORTH GAS PIPELINE SUBJECT: Conduct a Public Hearing and Authorize Use of a Portion of the Subsurface of Wildwood Park North for the Purpose of Installing an Eight -Inch Natural Gas Pipeline and Authorize Execution of a License Agreement with Texas Midstream Gas Services L.L.C., in the Amount of $123 468 40 (COUNCIL DISTRICT 7) 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 Wildwood Park North 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 Wildwood Park North as specified on the attached exhibits and as noted in the discussion below; 4. Close the public hearing and authorize the use of approximately 1.171 acres of dedicated parkland of Wildwood Park North for the installation of an 8-inch natural gas pipeline; and 5. Authorize the execution of a license Agreement with Texas Midstream Gas Services, L.L.C., in the amount of $123,468.40. • Wildwood Park North - located at 9900 Watercress Drive, north of Watercress Drive, west of Lakeside Road and east of Silver Creek Road, in Council District 7, Mapsco 44T, 44U, 44X and 44Y. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize the use of approximately 1.171 acres of the subsurface of Wildwood Park North for the purpose of installing an 8-inch natural gas pipeline and to authorize execution of a license Agreement with Texas Midstream Gas Services, L.L.C. (TMGS), in the amount of $123,468.40. The Parks and Community Services Department (PACSD) has been approached by TMGS requesting to install a natural gas pipeline in Wildwood Park North. The natural gas line would be servicing the Derrick Weaver and Hodges Pad Sites The proposed alignment would allow for an 8-inch natural gas pipeline beneath the park. Approximately 1.171 acres (approximately 51,009 square feet) is being requested as the pipeline license area. Logname: 80WILDWOOD PARK NORTH GAS PIPELINE Page 1 of 3 The location of the pipeline was chosen in consideration of the future development opportunities for Wildwood Park North and much of the proposed pipeline will be located along the northern boundary of the park. TMGS 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 TMGS be assessed the recommended standard fee in the amount of $48 40 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. A fee in the amount of $123,468.40 will be recommended for approximately 2,551 linear feet of pipeline. The funds generated from the assessment will be distributed in accordance with the City's Financial Management Policy Statements TMGS will be responsible for repairing and restoring the park to a condition that is at least as good as the one in which it exists prior to installation of the pipeline. A license Agreement will be required. In this instance due to the constraints of .an existing Oncor easement, an access is needed through a portion of tree canopy to access the open space area of the park. Three trees with a combined diameter of 35 inches (one 15-inch Live Oak and two 10-inch Post Oak trees) will be removed from the park. A mitigation fee in the amount of $7,000.00 is being assessed for removal of these trees. On June 27, 2012, the Parks and Community Services Advisory Board (PACSB) endorsed Staffs recommendation that the City Council authorize the use of approximately 1.171 acres at Wildwood Park North for the installation of a natural gas pipeline. In accordance with State law, the public notice was advertised in the Fort Worth Star -Telegram on July 17, 2012, July 24, 2012 and July 31, 2012. 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 Neighborhood Association on South Lake Worth on July 17, 2012. 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 Report of Staff portion of the public hearing, Staff will note any public comments that have been received. Wildwood Park North is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that the Parks and Community Services Department is responsible for the collection and deposit of funds due to the City. FUND CENTERS: TO Fund/Account/Centers C246 446300 601159990100 $123.468.40 CERTIFICATIONS: Submitted for City Manager's Office bv: Oriainatina Department Head: Additional Information Contact ATTACHMENTS 1. Aerial MC Mao aark.doc (Public) 2. Aerial MC Mao aiaeline.doc (Public) FROM Fund/Account/Centers Susan Alan's (8180) Richard Zavala (5704) David Creek (5744) Logname: 80WILDWOOD PARK NORTH GAS PIPELINE Page 2 of 3 3. Aerial MC Map.doc (Public) Logname: 80WILDWOOD PARK NORTH GAS PIPELINE Page 3 of 3