HomeMy WebLinkAboutContract 42996CITY SECRETARY a q ( _
CONTR No•
TEMPORARY ACCESS PERMIT AND
WORKSPACE LICENSE AGREEMENT
FOR GATEWAY PARK
This Temporary Access Permit and Workspace License Agreement for Gateway Park
( "Permit ") is made and entered into by and between the City of Fort Worth (hereinafter referred
to as "City "), a home -rule municipal corporation organized under the laws of the State of Texas,
acting by and through its duly authorized Assistant City Manager, and L & P Pipeline and
Construction, Inc. (hereinafter referred to as "Company "), a Texas corporation, acting by and
through its duly authorized Division Manager.
The following statements are true and correct and constitute the basis upon which the
City has executed the Permit:
A. The City owns a certain piece of property known as Gateway Park (the "Park "),
751 Beach Street, Fort Worth, Texas 76103, Tarrant County, Texas.
B. Company has been engaged by Flint Hills Resources Corpus Christi, LLC, to
install a re- routed gas pipeline beneath the Park and wishes to use a certain
designated portion of the Park as temporary workspace in connection therewith.
C. The City has reviewed Company's request and agrees to grant Company use of
the designated portion of the Park in accordance with the terms and conditions of
this Permit.
Agreement
I. Term
The term of this Permit shall consist of one (1) license period of ninety (90) consecutive
calendar days ( "License Period "). The Company shall have the ability to select the date
on which the License Period shall commence, provided, however, that: (i) the Company
must notify the City's Parks and Community Services Department at least five (5)
business days prior to the date on which the License Period will commence; and (ii) the
License Period must terminate no later than four (4) months from the date on which this
Permit is fully executed. No use of or access to the Park or the Licensed Premises shall
be allowed outside of the designated License Period.
Company's rights in the Licensed Premises hereunder shall be strictly limited and shall
fully and absolutely terminate and be of no further force and effect at the conclusion of
the License Period. After the License Period ends, all rights of the Company in and to
the Licensed Premises shall, automatically and without the need for any further
documentation, fully and unconditionally terminate, whereupon the Company shall have
no right of entry or use of the Licensed Premises whatsoever.
II. Licensed Premises
Subject to the terms and conditions set forth in this Permit and the City Charter and
ordinances, for and in consideration of the monetary payments to be made hereunder and
the other covenants and promises expressed herein, the City does hereby a ree-�
to the Company during the License Period the use of a portion of atew�� rl RMORD
Access Permit and Workspace License Agreement for Gateway Park
OFF
CITY SECRETARY
FT. V#0WJ2TX
"Park "), 751 Beach Street, Fort Worth, Texas 76103, Tarrant County, Texas, consisting
of approximately 0.10 acres (4,023 square feet) along Gateway Park Drive at the
southwest corner of the area designated as Fort Woof Dog Park (the "Licensed
Premises "). The exact location and boundaries of the Licensed Premises are depicted in
Exhibit A, which is attached hereto and incorporated herein for all purposes as though it
were set forth at length.
M. License Fee
Within five (5) days of the date on which this Permit is fully executed, Company shall
deliver to the offices of the City's Parks and Community Services Department (the
"Department "), 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115, payment of a
License Fee of Four Thousand and Twenty -Three Dollars ($4,023.00) as full and
complete compensation for the rights and privileges granted under this Permit.
IV. Acceptance of Licensed Premises
The Company takes all portions of the Licensed Premises and all appurtenances in "AS
IS" condition without any express or implied warranty on the part of the City. The
Company accepts the Licensed Premises in their present condition, finds them suitable
for the purposes intended, and further acknowledges that it is thoroughly familiar with
such condition by reason of personal inspection and does not rely on any representations
by the City as to the condition of the Licensed Premises or their suitability for the
purposes intended. The Company accepts the Licensed Premises subject to any and all
previously recorded easements that may have been granted on, along, over, under, or
across said property, and releases the City from any and all damages, claims for damages,
loss, or liabilities that may be caused to invitees, licensees, or trespassers by reason of the
exercise of such rights or privileges granted in said easements. The Company's taking
possession of the Licensed Premises shall be conclusive evidence that: (a) the Licensed
Premises are suitable for the purposes and uses for which same are licensed; and (b) the
Company waives any and all defects in and to the Licensed Premises and all the
appurtenances thereto. The City shall not be liable to the Company, its agents,
employees, contractors, subcontractors, invitees, licensees, or guests for any damage
to any person or property due to the acts or omissions of the Company, its agents,
employees, contractors, or subcontractors, unless such damage is caused by the
gross negligence or willful misconduct of City or its agents, employees, separate
contractors, or subcontractors.
V. Use Not Exclusive
This Permit and all rights granted to Company herein are strictly non - exclusive. The City
reserves the right to enter into and grant other and future licenses, leases, and other
authorizations for use of the Park and the Licensed Premises to other persons and entities
as the City deems appropriate in accordance with applicable law; provided, however, that
in granting subsequent authorization for use, the City will not allow a use that will
unreasonably interfere with the Company's use of the Licensed Premises as provided
herein. This Permit does not establish any priority for the use of the Park or the Licensed
Premises by the Company or by any present or future licensees or other permit holders.
In the event of any dispute as to the priority of use of the Park or the Licensed Premises,
the first priority shall be to the public generally, the second priority to the City in the
Acccss Pcrmit and Workspace Liccnsc Agrccmcnt tix Gateway Park
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.
VI. Limitations on Use
Construction on the Licensed Premises is allowed only between 7:00 A.M. and 6:00 P.M.
Monday through Friday. For purposes of this provision, the term "construction," shall
include (i) clearing, dredging, excavating, compacting, or grading of land; (ii) delivery or
assembly of pipe, fittings, or similar materials; and (iii) operation of heavy equipment,
including, but not limited to, a backhoe, backhoe loader, boom truck, bulldozer,
compactor, crane, dump truck, excavator, grader, grapple truck, loader, pile driver, power
shovel, roller, scraper, tractor, trencher, and tunnel boring machine.
All Company equipment and materials shall be placed and maintained solely within the
confines of the Licensed Premises. Unless otherwise approved by the Parks and
Community Services Department, the Company shall enter and leave the Park and access
the Licensed Premises via Gateway Park Drive only. Gateway Park Drive shall be used
solely for ingress and egress purposes, and no equipment or materials may be placed
or maintained on Gateway Park Drive except when in transit to or from the
Licensed Premises. Use of any portion of the Park outside of the Licensed Premises or
Gateway Park Drive shall not be permitted.
Company shall ensure that drainage along Gateway Park Drive remains unobstructed
throughout the construction process and License Period. Any damage to the drainage
structures shall be repaired by the Company at its sole expense.
In accessing and using the Licensed Premises, Company shall comply with all of its
obligations and responsibilities under this Permit and under any and all applicable,
federal, state, or local law, rule, or ordinance.
VII. Public Safetv
Company shall be solely responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with Company's use of the Licensed Premises
and the Park.
At a minimum, Company shall: (i) install and maintain construction fencing in
accordance with Exhibit A; (ii) provide one or more traffic - control personnel along
Gateway Park Drive when construction is occurring or when equipment or materials
unreasonably impair drivers' ability to see on- coming traffic; and (iii) ensure that no
equipment or materials are stored in the street overnight in a manner that unreasonably
impairs visibility. At no time shall all of Gateway Park Drive be closed from travel.
Following installation of the fencing, the Company shall contact the Department to
inspect for proper installation. Company shall ensure that all equipment and materials are
stored on the Licensed Premises in an enclosed area that shall be kept locked when not in
use, and the Company shall provide the Department with keys for all fence and entry
locks. At no time shall any fenced area be left open unless staffed by security personnel.
In addition, Company shall provide construction and maintenance signs and sufficient
barricades at work sites to protect the public. The use of traffic control devices shall be
Access Pennit and Workspace License Agreement for Gatcway Park
consistent with the standards and provisions of Part VI of the Texas Manual on Uniform
Traffic Control Devices. Company shall utilize appropriate warning lights at all
construction and maintenance sites where one or more traffic lanes are closed or
obstructed during nighttime conditions. Company shall also take all necessary
precautions and shall provide all necessary protection to prevent damage, injury, or loss
to (a) all persons accessing portions of the Licensed Premises on which any construction
is being performed by or on behalf of the Company; (b) all work performed on or from
the Licensed Premises and all materials and equipment to be incorporated therein that are
under the care, custody, or control of the Company, or the Company's employees, agents,
contractors, or subcontractors, regardless of whether such material and equipment is
stored on or off the Licensed Premises; and (c) other property on or adjacent to the
Licensed Premises.
For barricade structures constructed along Gateway Park Drive, the Company shall be
required to ensure that installation and equipment meet the requirements of the
Transportation and Public Works Department and the Parks and Community Services
Department. Staff from both departments shall be entitled to inspect the barricade
structures during and after the installation process.
VIII. Protection of the Environment
The City hereby represents and warrants that it shall not knowingly, nor permit any third
party to, use, handle, or store any Hazardous Materials on, under, over, or about Park or
the Licensed Premises in violation of any applicable laws. Company shall not handle or
store any Hazardous Materials on the Premises or the Park, except that the Company
may, in compliance with applicable environmental laws, use and store Hazardous
Materials in such amounts and types that are commonly used in connection with pipeline
boring operations, provided, however, that Company specifically agrees to remove any
and all such Hazardous Materials on or before the final day of the License Period.
Foundation shall not introduce, use, generate, store, accept, or dispose of on, under, or
about, transport across, or permit to exist on the Licensed Premises or the Park any
"treatment, storage or disposal facility" or "underground storage tank," as those terms are
defined under applicable environmental laws. For purposes of this Permit, "Hazardous
Materials" shall mean potentially dangerous hazardous wastes, toxic substances, or
related materials, including, but not limited to, pollutants; asbestos; polychlorinated
biphenyl (PCB); petroleum or other fuels (including crude oil or any fraction or
derivative thereof); underground storage tanks, and substances considered hazardous,
toxic, or the equivalent pursuant to applicable laws. Any Hazardous Materials used by
the Company on the Licensed Premises shall be posted on site and a list shall be given to
City.
Company shall not create or aggravate any condition at the Park or the Licensed Premises
that could present a threat to human health or to the environment.
IX. Documenting Condition of Licensed Premises
Company must provide the Department with videographic documentation of the
condition of the Licensed Premises as they exist both before and after installation of the
pipeline. All such video must include a visible date and time stamp indicating when the
videography occurred. Company must submit documentation of the pre - installation
Access Permit and Workspace License Agreement for Gateway Park
condition at least five (5) business days prior to the date on which the License Period will
commence under Section I of this Permit. Post - installation documentation must be
submitted no later than five (5) business days after the last day of the License Period.
Department staff will distribute copies of the documentation to all appropriate City
personnel to determine whether any damage has been done to the Licensed Premises.
X. Minimizing Impact of Vegetation
Company shall not cut or remove any trees on the Licensed Premises. Prior to beginning
any construction, Company shall install perimeter construction fencing in accordance
with the attached Exhibit A. In addition, to minimize damage during construction, the
Company shall install orange mesh fencing on the outside drip line of trees specifically
identified by the Department at a pre - construction meeting. Company shall notify the
Department once the perimeter fencing and tree protection measures have been installed
and allow the Department an opportunity to inspect the work before construction begins.
The City shall have at least two business days following the date on which notice is
received to conduct its inspection. The Company may begin construction on or after the
third business day following the date on which it provided notice to the City unless the
City contacts the Company and identifies specific issues that render the perimeter fencing
or tree protection measures unacceptable. If any tree within the Park is damaged in
connection with Company's operations, Company agrees to undertake remediation
efforts, including paying of remediation costs, in accordance with Exhibit D.
Company acknowledges that its use of the Licensed Premises will prevent the City from
operating its irrigation system in this portion of the Park. Therefore, Company shall be
responsible throughout the License Period for bringing water trucks into the Park and
irrigating those areas identified on Exhibit C, which is attached hereto and incorporated
herein for all purposes as though it were set forth at length. Company shall ensure that
irrigation occurs daily at 11:00 p.m. and 5:00 a.m. with an application flow rate of one -
half inch per hour.
XI. Minimizing Impact of Utilities
The Company acknowledges the existence of City -owned water utilities in the Park and
Licensed Premises (including, but not limited to, waterlines, sewer lines, and storm drains
and lines) and covenants and agrees to install protective matting over such utilities in
accordance with Exhibit B and in compliance with specifications approved by the City's
Water Department. Following installation of the matting, Company shall contact the
Water Department (John Lopez or other designated representative) for inspection and
approval.
The Company shall provide the Parks and Community Services Department with a copy
of the matting specifications and the Water Department's inspection report within
twenty -four (24) hours of receiving the report from the Water Department and prior to
mobilization of pipeline construction equipment in the Park. The Company may begin
construction after the date on which it provided the inspection report and specifications to
the Parks and Community Services Department unless the Department contacts the
Company and identifies specific issues that render the measures unacceptable.
Access Pennit and Workspace License Agreement for Gateway Park
XII. Restoration of Improvements
To the extent any road, curb, gutter, irrigation system, utility line, barricade, fence, or
other improvement is destroyed, removed, or altered in connection with the Company's
activities under this Permit, the Company shall reconstruct and restore such improvement
in a good and workmanlike manner to a condition that is equal to or better than the one in
which such improvement existed as of the date this Permit is fully executed, as evidenced
by the pre - installation video required under Section IX of this Permit. To the extent any
repair to the City's irrigation system is required, the Company shall ensure all such work
is performed by a licensed irrigator and shall provide the City with a copy of the
irrigator's license. In addition, Company shall ensure that City is provided with a one -
year warranty period on all work done on the irrigation system.
XIII. Restoration of Surface of Licensed Premises
In addition, Company shall restore the surface of the Licensed Premises by: (i) aerating
the soil using a heave - action aerator with six -to -eight inch tines to address compaction
caused during the process of stringing the pipeline; (ii) replanting and reseeding with
Common Bermuda grass in accordance with the seeding specifications outlined in the
attached Exhibit E; and (iii) watering the replanted and reseeded areas as needed until the
replacement vegetation is reasonably established and has been approved and accepted by
the Department. Prior to planting, Company shall provide the Department with
documentation certifying the type and quality of the materials to be planted. The
Department may, in exercise of reasonable discretion, reject any plant material that does
not meet the requirements of this section or Exhibit E or is otherwise unacceptable for
one or more specific, clearly identified reasons.
XIV. Liability; Indemnification.
Company agrees to pay City for all damages suffered or incurred by City, either directly
or indirectly, as a result of any operations on or from the Licensed Premises conducted
for or by Company, its agents, employees or representatives, including all damage or
injury to standing or fallen timber, buildings, fences, equipment, and all other property,
whether real or personal. In particular, Company acknowledges that subterranean boring
occasionally occurs outside of its intended path and can result in subsurface hollows that
contribute to soil compaction failure and related issues; therefore, for a period of two
years from the last day of the License Period, Company warrants against any slumping,
settling, or both of Gateway Park Drive or City sidewalks located within the Park related
to Company's installation of the gas pipeline and agrees to pay City for all damages
related to such slumping, settling, or both.
Company covenants and agrees to and does hereby indemnify, hold harmless, and
defend, at its own expense, City, its officers, servants and employees, from and
against any and all claims or suits for property loss or damage and/or personal
injury, including death, to any and all persons, of whatsoever kind or character,
whether real or asserted, arising out of the acts or omissions of the Company, its
officers, agents, employees, subcontractors, invitees, licensees, volunteers, or
program participants. Company likewise covenants and agrees to, and does hereby,
indemnify and hold harmless City from and against any and all injuries, damage,
loss, or destruction to property of City, during the performance of any of the terms
Acccss Pcnnit and Workspacc Licensc Agrccmcnt for Gatmay Park
and conditions of this Permit. However, the indemnity provided for in this
paragraph shall not extend to any liability resulting from the sole negligence of the
City or its officers, agents, employees, or separate contractors, and, in the event of
joint and concurrent negligence of both the Company and the City, responsibility
and liability, if any, shall be apportioned comparatively in accordance with the laws
of the State of Texas. Nothing herein shall be construed as a waiver of the City's
governmental immunity as further provided by the laws of the State of Texas.
Company covenants and agrees that City shall no way or under any circumstances be
responsible for any property belonging to Company, its members, employees, agents,
contractors, subcontractors, invitees, licensees, or trespassers that may be stolen,
destroyed, or in any way damaged, and Company hereby indemnifies and holds
harmless City from any and all such claims. City does not guarantee police protection
and will not be liable for any loss or damage sustained by Company, its members,
employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any
of the Premises.
Company agrees that City shall not be liable for any loss, injury or damage whatsoever
suffered or incurred by Company or Company's agents, employees or representatives
while on the Licensed Premises.
XV. INSURANCE
Duty to Acquire and Maintain
Company shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance to provide coverages of the types and amounts specified herein,
naming the City as an additional insured and covering all public risks related to the
use, occupancy, condition, maintenance, existence, or location of the Park and the
construction, installation, operation, maintenance, repair, reconstruction, or condition
of the pipeline. The insurance required hereunder may be met by a combination of
self - insurance and primary and excess policies.
Types and Amounts of Coverage Required
Commercial General Liability:
$5,000,000.00 per occurrence, including coverage for the following: (i) Premises
Liability; (ii) independent contractors; (iii) products /completed operations; (iv)
personal injury; (v) contractual liability; (vi) explosion, collapse, and underground
property damage
Property Damage Liability:
$5,000,000.00 per occurrence
Umbrella Policy
$5,000,000.00
Environmental Impairment Liability (EIL) & /or Pollution Liability
$5,000,000 per occurrence
$10,000,000 aggregate
Access Permit and Workspace License Agreement for Gateway Park
Automobile Liability:
$1,000,000.00 per accident, including, but not limited to, all owned, leased, hired,
or non -owned motor vehicles used in conjunction with the rights granted under
this Permit
Worker's Compensation:
As required by law
Employer's Liability:
$1,000,000.00 per accident
Revisions to Reauired Coverage
At the reasonable recommendation of the City's Risk Manager, the City may at any
time revise insurance coverage requirements and limits required by this Permit.
Company agrees that within thirty (30) days of receipt of written notice from the City,
Company will implement all such revisions requested by the City. The policy or
policies of insurance shall be endorsed to provide that no material changes in coverage,
including, but not limited to, cancellation, termination, non - renewal, or amendment,
shall be made without thirty (30) days' prior written notice to the City.
Underwriters and Certificates
Company shall procure and maintain its insurance with underwriters who are
authorized to do business in the State of Texas and who are acceptable to the City in
terms of solvency and financial strength. Within ten (10) business days following
execution of this Permit, Company shall furnish the City with certificates of insurance
signed by the respective companies as proof that it has obtained the types and amounts
of insurance coverage required herein. In addition, Company shall, on demand,
provide the City with evidence that it has maintained such coverage in full force and
effect.
Deductibles
Deductible or self - insured retention limits on any line of coverage required herein shall
not exceed $1,000,000.00 in the annual aggregate unless the limit per occurrence or per
line of coverage, or aggregate is otherwise approved by the City.
No Limitation of Liability
The insurance requirements set forth in this section and any recovery by the City of
any sum by reason of any insurance policy required under this Permit shall in no way
be construed or affected to limit or in any way affect Company's liability to the City or
other persons as provided by this Permit or law.
XVI. Prohibition Against Liens
The Company shall not do any act or make any contract that may be purported to create
or be the foundation of any lien on or any interest in the Licensed Premises or the Park.
Any such act, contract, or lien attempted to be created shall be void. Should any
Access Pennit and Workspace License Agreement for Gateway Park
purported lien on the Licensed Premises be created or filed, the Company shall, at its sole
expense, liquidate and discharge same within ten (10) business days after notice from the
City to do so
XVII. Notices
All notices required or permitted under this Permit shall be conclusively determined to
have been delivered when (i) hand - delivered to the other party, its agent, employee,
servant, or representative, or (ii) received by the other party by reliable overnight courier
or United States Mail, postage prepaid, return receipt requested, at the address stated
below or to such other address as one party may from time to time notify the other in
writing.
To THE CITY:
Director
Parks and Community Services
City of Fort Worth
4200 South Freeway, Ste 2200
Fort Worth, Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn: Denis C. McElroy
1000 Throckmorton
Dallas, Texas 75201
Fort Worth, Texas 76102
XVIII.Independent Contractor
To COMPANY:
L & P Pipeline and Construction
1292 State Highway 172
Ganado, Tx 77962
with a copy to:
Flint Hills Resources Corpus Christi, LLC
Attn:
4111 E. 37th St North
Wichita, Kansas 67220 USA
It is expressly understood and agreed that Company shall operate as independent entity in
each and every respect hereunder and not as an agent, representative, or employee of the
City. Company shall have the exclusive control and the exclusive right to control all
details and day -to -day operations and activities relative to operation of the Company and
installation of the pipeline and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees.
Company acknowledges that the doctrine of respondeat superior shall not apply as
between the City and Company, its officers, agents, servants, employees, contractors,
subcontractors, licenses, and invitees. Nothing contained in this Permit shall be
construed as the creation of a partnership or joint enterprise between the City and
Company.
XIX. Prohibition Against Assignment
The Company may not sell, assign, or otherwise transfer any of its rights or obligations
under this Permit without the prior, written consent of the City. Any such attempted
assignment without the City's consent shall be void.
Acccss Pennit and Workspace License Agreement for Gateway Park
XX. Compliance with Laws and Regulations
In operating under this Permit, Company agrees to comply with all applicable federal,
state, and local laws, regulations, and ordinances, including all City ordinances, charter
provisions, and rules, regulations, and requirements of the City's Police, Fire, Code
Compliance, Transportation and Public Works, and Health Departments.
Company will not knowingly do or suffer to be done anything on said Licensed Premises
during the terms of this Permit in violation of the laws, statutes, ordinances, rules,
regulations, charter provisions, directives or requirements referenced in this Permit. If
the City calls the attention of Company to any such violation on the part of said Company
or any person employed by or admitted to said Licensed Premises by Company,
Company will immediately (or otherwise as soon as reasonably possible) desist from and
correct such violation and /or vacate the Licensed Premises.
XXI. Taxes
The Company acknowledges and agrees that it shall be solely responsible for paying all
taxes assessed or imposed by any governmental entity in connection with the
construction, installation, operation, maintenance, repair, or reconstruction of the pipeline
and with the use of the Licensed Premises or other City property related to activities
within the scope of this Permit.
XXII. Force Maieure; Homeland Security
If either party is unable, either in whole or part, to fulfill its obligations under this Permit
due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; wars; blockades; insurrections; riots; epidemics; public health crises;
earthquakes; fires; floods; restraints or prohibitions by any court, board, department,
commission, or agency of the United States or of any state; declaration of a state of
disaster or emergency by the federal, state, county, or City government in accordance
with applicable law; any arrests and restraints; civil disturbances; or explosions; or some
other reason beyond the party's reasonable control (collectively, "Force Majeure Event "),
the obligations so affected by such Force Majeure Event will be suspended only during
the continuance of such event. If the Licensed Premises or any portion thereof shall be
destroyed or rendered unsafe for use or occupation by reason of a Force Majeure Event,
the City may, in its reasonable discretion and after consulting with Company, either
cancel or reschedule the Company's activities. The Company hereby waives any claim
against City for damages by reason of any such rescheduling or cancellation.
If the United States Department of Homeland Security issues a Level Orange or Level
Red Alert, the City, in its sole discretion, may cancel or postpone scheduled Company
activity in the interest of public safety.
XXIII. Headings
The section headings contained herein are solely for convenience in reference and are not
intended to define or limit the scope of any provision of this Permit.
Access Pcnnit and Workspace License Agreement for Gateway Park
XXIV. Choice of Law; Venue
This Permit shall be governed by and construed in accordance with the laws of the State
of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision of this Permit, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas - Fort Worth Division.
XXV. Governmental Powers
It is understood and agreed that by execution of this Permit, City does not waive or
surrender any of its governmental powers.
XXVI. Authorization
By executing this Permit, Company's agent affirms that he or she is authorized by the
Company to execute this Permit and that all representations made herein with regard to
Company's identity, address and legal status (corporation, partnership, individual, etc.)
are true and correct.
XXVIL Entirety of Agreement
This instrument (including all attachments, schedules, and exhibits attached hereto)
constitutes the entire understanding and agreement of the City and Company as to use of
the Licensed Premises and the Park. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and
conditions of this Permit. This Permit shall not be amended unless agreed to in writing
by both parties.
By executing this Permit, Company agrees to and accepts the terms, conditions and provision
contained herein.
IN WITNESS WHEREOF, the parties hereto have executed this Permit this a 'V— day of
fAc,(cV , 201SZin Fort Worth, Tarrant County, Texas.
By: '44 eya-L
Name: Dean Burns
Title: Division Manager
Date: 03 -06 -12
Approved as to Form and Legality:
By: _
Name:
Title:
Access Permit and Workspace License Agreement for G
City of Fort Worth
By:
Susan Alanis
Assistant City
Date: I'r-
OFFICIAL REC8t City
CITY SECRETARY
PFkT. (NORTH, TX �
orm and Legality:
ATTEST:
By: _
Name:
Title:
Contract Ruthorizatioa
= I C> ( �
Date
Access Permit and Workspace License Agreement for Gateway Park
Contract Authorization - M &C:
ATTEST:
By:
City Secretary
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OFFICIAL RECORD
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EXHIBIT D
Damage to Trees; Remediation Costs
In the event of any damage to trees in connection with Company's operations, Company shall
comply with the following:
1. In General
The City Forester shall have the right to inspect any trees located on the Park for damage by
Company and, if applicable, will classify damage to trees as slight, moderate, or severe as
described below.
1.1 Standards for Measuring
Branches shall be measured at the point of attachment or at the lateral to which the branch would
be pruned back under ANSI standards. Tree caliper shall be measured according to accepted
industry standards. Trees greater than 6" in caliper shall be measured using diameter at breast
height (DBH).
2.1. Slight Damage:
Slight damage shall be defined as damage that, in the opinion of the City Forester, can be
reasonably anticipated to heal. Examples include, but are not limited to, (i) scarring of the trunk
into the cambial layer of up to 2" in width but less than 1/3 trunk circumference; and (ii)
breaking of limbs that are less than 2" in diameter and less than 1/3 of the trunk caliper.
Remediation costs shall be assessed at a rate of $100.00 for each instance of slight damage.
2.2. Moderate Damage:
Moderate damage shall be defined as damage that, in the opinion of the City Forester, can
reasonably be anticipated to contribute to poor health and slight to moderate reduction in
longevity of the tree. Examples include, but are not limited to, (i) scarring of the trunk into the
cambial layer greater than 2" in width but less than 1/3 trunk circumference ; and (ii) breaking of
limbs more than 2" in diameter but less than 1/3 of the trunk caliper.
Remediation costs shall be assessed for each instance of moderate damage at the following rates:
(i) for any tree that is more than 20 inches in caliper, the greater of:
(A) one —half of the estimated value of the tree or
(B) $300.00 per caliper inch;
(ii) for any tree that is less than 20 inches in caliper, $300.00 per caliper inch.
2.3. Severe Damage:
Severe damage shall be defined as damage that, in the opinion of the City Forester, can
reasonably be anticipated to contribute to a severe reduction in longevity of the tree or otherwise
characterized as a catastrophic injury to the tree. Examples include, but are not limited to, (i)
scarring of the trunk to the cambial layer greater than 1/3 the trunk circumference; (ii) uprooting
a tree or causing a tree to lean; (iii) damage to a scaffolding branch or to a branch greater than
1/3 of trunk caliper; and (iv) removal of a tree.
Remediation costs shall be assessed for each instance of severe damage at the following rates:
(i) for any tree that is twenty -five (25) inches or less in caliper, the appraised value of the
tree;
(ii) for any tree greater than twenty -five (25) inches in caliper, twice the appraised value
of the tree.
3.1. Payment of Remediation Costs
Company shall make payment for any such damages and must plant replacement trees for
severely damaged trees at a location to be determined by the Parks and Community Services
Department. Replacement shall be made on caliper- inch - per - caliper -inch basis with a minimum
size replacement tree of 2" in caliper. Company shall be responsible for the planting watering,
mulching and maintenance of replacement trees for a period of not less than 2 years. Any tree
that does not survive the 2 year establishment period shall be compensated for by the Company
to the Parks and Community Services Department at a rate of $200 per caliper inch.
3.2. Applicability of City's Tree Ordinance
Remediation costs assessed hereunder constitute contractual damages intended to compensate the
Parks and Community Services as property owner and have no bearing on whether or to what
extent any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning
Ordinance.
Exhibit -F,"
SECTION 02930 - TURF SODDING
PART 1- GENERAL
1.01 DESCRIPTION
A. Work Included: This work includes all labor, materials and equipment for soil
preparation, fertilization, planting and other requirements regarding turfgrass sodding
shown on the plans.
B. Related Work Specified Elsewhere: Section 02300, Earthwork.
1.02 REFERENCE STANDARDS
A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature,
Second Edition, 1942.
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 City.
All delivery receipts and copies of invoices for materials used for this work shall be subject to
verification by the City.
1.04 PRODUCT DELIVERY, STORAGE_ AND HANDLING
A. Sod: Harvesting and planting operations shall be coordinated with not more than forty
eight hours elapsing between the harvesting and planting.
B. Fertilizer
I. Unopened bags labeled with the analysis.
2. Conform to Texas Fertilizer Law.
1.05 QUALITY CONTROL
The Developer/Contractor who plants the sod is responsible for supervision of his crew, white
planting the sod and maintaining the scud until the project is accepted by the City.
PART 2 — PRODUCTS
2.01 SOD
A. The sod shall be Buchloe dactyloides ( "Prairie" Buffalograss) and shall consist of stolons,
leaf blades, rhizomes and roots with a healthy, virile system of dense, thickly matted roots
throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive,
healthy and vigorous and shall be free of insects, disease, stones and undesirable foreign
materials and grasses. Sod shall have been produced on growing beds of clay or clay -loam:
topsoil. The sod shall not be harvested or planted when its moisture condition is so
excessively wet or dry that its survival will be affected. If sod is stacked, it shall be kept
moist and shall be stacked roots -to -roots and grass -to- grass.
B. The sod shall be cut in strips four feet wide to be laid parallel with the contours.
2.02 FERTILIZER
A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis.
B. All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area two weeks after sodding.
C. All fertilizer shall have an analysis of 3 -1 -2 or as designated on the plans. The fertilizer
rate shall be 45 pounds of nitrogen per acre.
2.03 WATER
The water shall be furnished by the Developer /Contractor and shall be clean and free of industrial
wastes or other substances harmful to the germination of the seed or to the growth of the
vegetation. The amount of water will vary according to the weather variables. Generally, the sod
should be soaked one time per day for three weeks or until established. Soaking is mandatory
after spreading the fertilizer.
2.04 COMPOST
All compost material is to be totally organic and decomposed for at lease nine months. All
compost is to be clean and free of fungus, disease, live plants, seed, excessive cotton lint and any
harmful chemicals. "New Life Soil Conditioner" or "Perma Green Compost ", as specified below
or an approved equal, shall be used. Raw organics are not acceptable.
A. For soil w'th an alkaline pH condition: > "se "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 plt condition: Case "Pernia Green Compost" ny Texas Earth
Resources, Inc. of Dallas, or "New Life Natural Grower" (ph 4.0 to 9.0) by Soil Building
Systems, Inc., of Dallas.
C. Sample ind Speciticatiu7n Siii mittai: S'lhmit a prod'_icers specification and a ;uart
�a:npie t,f the �rnpnst rr�; posed 'c =r the t,I. ppro,.al
o2930
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PART 3 - EXECUTION
3.01 GENERAL
All turfing operations are to be executed across the slope, parallel to finished grade contours.
3.02 SOIL PREPARATION
A. Scarify subgrade to a depth of three inches before depositing the required topsoil.
ISO B. Tillage shall be accomplished to loosen the topsoil, destroy existing vegetation and
prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel-
type breaking plow, chisels set not more than ten inches apart. Initial tillage shall be done
in a crossing pattern for double coverage, then followed by a disc harrow. Depth of
!� tillage shall be five inches. A heavy duty rototiller may he used for areas to be planted
me 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.
so
so D Fine Grading: After tillage and cleaning, all areas to be planted shall be topdressed with
so one -half inch compost and then shall be Ieveled, fine graded, and drug with a weighted
so 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
a* step to be completed before planting.
3.03 PLANTING
Prior to laying the sod, the planting bed shall be raked smooth to true grade and moistened to a
depth of four inches, but not to the extent causing puddling. The sod shall be laid smoothly,
tightly butted edge to edge, and with staggered joints. The sod shall be pressed firmly into the
sod bed by rolling or by hand tamping with an approved tamper so as to eliminate all air pockets,
provide a true and even surface, and insure knitting without displacement of the sod or
deformation of the surfaces of sodded areas. Following compaction, compost shall be used to fill
all cracks between sods. Excess compost shall be worked into the grass with suitable equipment
and shall be well watered. The quantity of compost shall be such that it will cause no smothering
or burning of the grass.
3.04 FI:RTILf7ING
1Fwenty -one days after planting, turfgrass areas shall receive an application of 3 -I -2 tertilizer at
the rate of 45 pounds of nitrogen per acre. Water well after application to prevent buminq.
E NU OF SECTION
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 111012012
DATE: Tuesday, January 10, 2012
LOG NAME: 12SETTLEMENT OF 72 INCH SEWER MAIN
REFERENCE NO.: G -17498
SUBJECT:
Authorize Settlement Agreement with Flint Hills Resources Corpus Christi, LLC, an Affiliate of Koch
Pipeline Company, for the Repair of a Seventy -Two Inch Sewer Main and Authorize Temporary Access
Permit and License Agreement for the Relocation of Flint Hills Resources Corpus Christi, LLC's Fourteen -
Inch Pipeline Located at Gateway Park (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize Settlement Agreement with Flint Hills Resources Corpus Christi, LLC, an affiliate of Koch
Pipeline Company, for the repair of the City's seventy -two inch Sewer Main; and
2. Authorize execution of the attached Temporary Access Permit and License Agreement for the
relocation of Flint Hills Resources Corpus Christi, LLC's fourteen -inch pipeline located at Gateway Park.
DISCUSSION:
The City of Fort Worth has a 72 -inch sanitary sewer main located in Gateway Park. On or about May 20,
2010, the City's Water Department discovered that a 14 -inch pipeline had penetrated through the sewer
main creating a potential health and safety hazard. Flint Hills Resources Corpus Christi, LLC (FHR), an
affiliate of Koch Pipeline Company, is the current owner of the 14 -inch pipeline which penetrated the
sewer main. FHR believes that it had sufficient permission from the City for such installation, but FHR
acknowledges that it has not been able to locate any documentation of such permission. Both the City and
Koch Pipeline Company, the operator of the 14 -inch pipeline and who has the necessary authority to
negotiate the terms of this Settlement Agreement with the City, wish to alleviate the potential health and
safety risk, repair the sewer main and relocate FHR's 14 -inch pipeline.
Under the terms of the Settlement Agreement, FHR will pay in advance an amount of $350,000.00, for the
repair of the City's sewer main. In addition, FHR will pay to Transystem Corporation the design costs of
the repair of the sewer main. If the total cost of the repair is less than $350,000.00 then the City shall issue
a refund of the remainder amount to FHR. If the total cost of the repair is more than $350,000.00, then
FHR shall pay the additional amount to the City.
In order to repair the sewer main, FHR will relocate its 14 -inch pipeline by severing the pipe in the sewer
main. In order to perform such work, the City must grant a Temporary Permit and License to use a portion
of Gateway Park located at 751 Beach Street, consisting of approximately 0. 10 acres (4,023 square feet)
along Gateway Park Drive at the southwest corner of the area designated as Fort Woof Dog Park. This
Agreement was negotiated with the Parks Department and allows FHR a 90 -day license to use Gateway
Park upon payment of a license fee of $4,023.00 and acquisition of insurance as stated in the Agreement.
In addition to addressing public safety concerns and the impact to the park, the License Agreement also
limits work on the licensed premises between 7:00 a.m. and &00 p.m., Monday through Friday. Upon
Logname: 12SETTLEMENT OF 72 INCH SEWER MAIN Page 1 of 2
completion of the repair, the City shall release FHR from the direct and /or indirect damage caused by the
penetration of the sewer main. FHR shall not be released from any third party claims.
The Water Department recommends that the City Council approve this Settlement Agreement and
authorize the Temporary Permit and License Agreement to work in Gateway Park.
Approval of this settlement should not be construed as an admission of liability by the parties. In fact, any
such liability in this matter is specifically denied. This settlement is entered into only to avoid time
consuming and costly litigation.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Water Department and the Parks and
Community Services Department will be responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund /Account/Centers FROM Fund /Account/Centers
PE45 493392 0701000 $350,000.00
C282 466266 801929933000 $4,023.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Frank Crumb (8246)
Originating Department Head: Sarah Fullenwider (7606)
John Lopez (6830)
Additional Information Contact: Christa Reynolds (8984)
ATTACHMENTS
1. Ex A - Licensed Premises and Fencing.pdf (Public)
2. Ex B - utility mattingpdf (Public)
3. Ex C - Irrigation map.pdf (Public)
4. Ex D - Tree Remediation.doc (Public)
5. Ex E - sodding.pdf (Public)
6. Surface Use Gateway - Gas Line Stringing (2)crr.doc
(Public)
Logname: 12SETTLEMENT OF 72 INCH SEWER MAIN Page 2 of 2