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HomeMy WebLinkAboutContract 42927crnr sECaErARr CONTRACT NO. q - NATURAL GAS PIPELINE LICENSE AGREEMENT RIVER PARK 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 BARNETT GATHERING, LP ( "Company "), a Texas limited partnership, acting by and through Edward S. Ryan, Jr., its duly authorized Attorney -in -Fact. The following statements are true and correct and constitute the basis upon which the City of Fort Worth has executed Agreement. A. Company wishes to construct a Pipeline for the transportation of Gas through a public park known as River Park for an approximate total distance of 339.18 feet within a variable width right of way corridor. 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 River Park 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 River Park 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 directly related uses of the Park, pursuant to and in accordance with this Agreement. - OFF!' IIAL R;' - -k OR Natural Gas Pipeline License Agreement River Park CITY SLCRETARY Page l of 30 FT.. wm m, 6X Company shall mean Barnett Gathering, LP, a Texas limited partnership, 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 public River 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 sixteen inch (16 ") nominal diameter pipeline for an approximate total distance of 339.18 feet and other facilities approved by the Director that are 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 Provision 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 River Park Page 2 of 30 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 for 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 for 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 other 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 work 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 other entities with whom Company has a direct relationship for the performance of such construction, maintenance or repairs. If any such construction, maintenance and 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 work 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 work 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 River Park Page 3 of 30 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 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 Term of this Agreement the sum of One Thousand and Forty -Two Dollars and Thirty -Four Cents ($1,042.34) ( "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. 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. 4.3. 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 Agreement. 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 rules and regulations as adopted and modified by the Texas Railroad Commission and in this connection Company shall be subject to, be governed by and comply with all applicable federal, state, and Natural Gas Pipeline License Agreement River Park Page 4 of 30 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. 6.1.2. Completion of Construction. Except as otherwise specified below, Construction of the Pipeline shall be completed (i) within one (1) year 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. 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 be deemed an Event of Default and be subject to the terms in Section 10.1 of this Agreement. 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 Natural Gas Pipeline License Agreement River Park Page 5 of 30 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 requirements 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. 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. Conformance with Plans. The pipeline will be bored below the surface of the park and surface shall not be disturbed. The Pipeline will be constructed in accordance with the specifications and in the areas of the Park indicated on Exhibit `B ". No surface excavation or tree disturbance shall be allowed in the Park except where specified. 6.4.2 Pipeline Depth. For any installation by boring beneath the Park, the pipe shall be placed at a minimum depth of eight (8) feet unless otherwise specified in Exhibit "B ". For 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. 6.4.3. 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 Natural Gas Pipeline License Agreement River Park Page 6 of 30 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 may be stored within the Park at any location other than the designated work areas. 6.4.4. Trenching and Compaction. Any trenching required in connection with the installation of the Pipeline shall be performed by double - ditching, with the top twelve inches (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. 6.4.5. Ingress and Egress. 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. 6.4.6. 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. 6.4.7. 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 construction 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 construction activity in the Park. Natural Gas Pipeline License Agreement River Park Page 7 of 30 6.4.8. 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. 6.4.9. 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 Agreement and (ii) such restoration has been inspected and accepted by the Director. 6.4.10. 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. Ground cover 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. 6.4.11. 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 Natural Gas Pipeline License Agreement River Park Page 9 of 30 copies of the Material Safety Data Sheets and the appropriate storm drain grid maps and storm drain 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 from entering the City's sanitary 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 Director. 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 following: 6.5.1 The City Forester shall have the right to inspect any trees located on the Park for damage by Company and if applicable may inspect trees for slight, moderate or severe damage as described below. 6.5.1.1. Slight Damage: Slight damage shall be defined as damage, in the opinion of the City Forester, that may heal, examples include but are not limited to scaring of the trunk into the cambial layer 't /z" to 2" in width but less than 1/3 trunk circumference or breaking of limbs less than 2" in diameter or limbs less than 1/3 trunk caliper whichever is less. Slight damage to tree(s) shall be assessed at a rate of. $100.00 for each instance of slight damage to tree(s). 6.5.1.2. Moderate Damage: Moderate damage shall be defined as damage, in the opinion of the City Forester, that contributes to the poor health and reduced longevity of the tree, examples include but are not limited to scaring of the trunk into the cambial layer greater than 2" but less than 1/3 the trunk circumference or breaking of limbs more than 2" in diameter but less than 1/3 trunk caliper. Moderate damages shall be calculated at a rate of '/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 tree. Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back to according to ANSI standards. Trees caliper shall be measured according to accepted industry standards. Trees greater than 6" in caliper shall be measured using diameter at breast height (DBH). Severe damage or removal of trees is subject to a penalty of $200.00 per Natural Gas Pipeline License Agreement River Park Page 9 of 30 diameter inch of trees removed or damaged for trees less than 30" in caliper, $400.00 per diameter inch of trees 30" caliper or greater. 6.5.2. Company shall make payment for any such damages and must plant replacement trees for severely damaged trees at a location to be determined by PACSD. Replacement shall be made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2" in caliper for trees damaged or removed less than 30" DBH and 2" per inch on trees 30" DBH or greater. Company shall be responsible for the planting watering, mulching and maintenance of replacement trees for a period of not less than 2 years. Replacement trees will be planted during the optimal planting season as directed by the City Forester. Any tree that does not survive the 2 -year establishment period shall be compensated for by the contractor to PACSD at a rate of $200 per caliper inch. 6.5.3. In addition to damages assessed by PACSD, trees removed shall also be subject to the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance. 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 or 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 requirements 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 Natural Gas Pipeline License Agreement River Park Page 10 of 30 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. After the emergency has passed, Company shall apply for and obtain any 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 or 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 materials 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 or 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, or 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 extraterritorial 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 Natural Gas Pipeline License Agreement River Park Page I I of 30 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. The Pipeline shall not exceed a nominal diameter of sixteen inches (16 ") and a right of way width 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 for 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, re- grading or 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 in 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 right 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 Natural Gas Pipeline License Agreement River Park Page 12 of 30 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 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 or 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. Natural Gas Pipeline License Agreement River Park Page 1 ) of 30 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 VOL UNTEERS ( "INDEMNITEES'), FROM AND AGAINST ANY AND ALL DAMAGES, INCLUDING LOST REVENUES, 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 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; (ii) COMPANY IS SATISFIED WITH THE CONDITION OF THE PARK, AND (iii) 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 SUCK COMPANY HEREBY COVENANTS AND AGREES THAT COMPANY, AT ITS SOLE COST AND EXPENSE, SHALL BE FULL Y RESPONSIBLE FOR THE VIOLA TION 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. NatUral Gas Pipeline License Agreement River Park Page 14 of 30 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 Indemnitee without the advance written consent of the City. 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 required insurance can be met by a combination of self - insurance, primary and excess policies. 8.1. Primary Liability Insurance Coverage. 0 Commercial General Liability: $1,000,000 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. 0 Property Damage Liability: $10,000,000 per occurrence 0 Automobile Liability: $1,000,000 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 Agreement • Worker's Compensation: As required by law; and, Employer's Liability as follows: $1,000,000 per accident. Natural Gas Pipeline License .Agreement River Park Page 15 of 30 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 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. 8.3. Underwriters 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 terms 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 or self - insured retention limits on any line of coverage required herein shall not exceed $1,000,000 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. 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 Agreement 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. 'natural Gas Pipeline License Agreement River Park Page 16 of 30 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 or profits thereof, (v) makes an assignment 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. 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 reason other than for failure to pay the License Fee, the City shall provide Company with written notice and shall give Company the opportunity to cure such Event of Default. For an Event 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 cured within the time period specified herein, such Event 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. Natural Gas Pipeline License Agreement River Park Page 17 of 30 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 occurrence 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. 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 provide copies to the City of all documents which Company files with or sends to the Commission 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. Natural Gas Pipeline License Agreement River Park Page 18 of 30 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 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; provided, however, that Company may make such an assignment of its rights to an affiliated company without the consent of City, provided, that upon such assignment, Company shall notify City within sixty (60) days of said assignment. An `affiliated company' shall mean any parent, subsidiary or sister company or other legal entity that controls, is controlled by, or is under common control with Company. For purposes of this clause, `control' means direct or indirect ownership of fifty percent (50 %) or more of the voting rights of the subject entity. Notwithstanding such an assignment to an affiliated company, Company shall remain liable to City for any failure to perform hereunder by the affiliated assignee, and this provision shall thereafter be applicable to Company and such affiliated assignee. 14. NOTICES. 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: City of Fort Worth Parks and Community Services Director 1000 Throckmorton Fort Worth, TX 76102 Natural Gas Pipeline License Agreement River Park Page 19 of 30 To COMPANY: Barnett Gathering, LP Attn: Edwin S. Ryan, Jr. 810 Houston Street Fort Worth, Texas with a copy to: with a copy to: City of Fort Worth Department of Law Attn: Attorney for PACSD 1000 Throckmorton Fort Worth, TX 76102 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. 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 times 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, including, 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. Natural Gas Pipeline License Agreement Ri,er Park Page 20 of 30 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. 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 terms 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: Susak.Ala6 Assistant City Manager Date: cv► "4-( ( ( APPROVED S' By: 'A' AssiUant City, BARNETT GATHERING, LP By: Edwin S. Ryan, Jr. Attorney -In -Fact Date: ry( �/ A ow JA_ FORM AND LEGALITY: CONTRACT AUTHORIZATION: M &C: L -15285 ATTEST: Attested by: OFFICIAL RCORO' Natural Gas Pipeline License Agreement River Park +NARY Page 21 of 30 CITY SFCR� FT. WORTH, TX U %0 o o �r By: City Secretary Natural Gas Pipeline License Agreement River Park Page 22 of 30 THE STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENT This instrument was acknowledged before me on this ;2-1 day of [-� i" UU',Y2012, 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. LINDA M. HHUNGER MY COMMISSION EXPIRES Fft" 2, 2014 ,1^ Natural Gas Pipeline License Agreement Ri\er Park Page 23 of 30 dp'�' M �q mul,g► Notary Public, State of Texas My commission expires: R-jo, �a I a DW My commission number: 11,q -0 NA OFF" ,-I AL REcOf-X CITY SECR1 "TQRY FT. WORTH, TX ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF TARRANT § This instrument was acknowledged before me on this-sl�day of JOLCI AJ � , 2012, by Edward S. Ryan, Jr., Attorney -In -Fact for Barnett Gathering, LP, a Texas limited partnership, on behalf of said company. YlJF.FfflY.,. '!s. fiff.� CHARLA F. WILKL NOTARY PUE, iC STATE OF TER COMMISSION EXPIRE.,. Natural Gas Pipeline License Agreement River Park Page 24 of 30 (11n6Lafz- Notary Public, State of Texas My commission expires: D - My commission number: OFFF,'IAL RE -CORD C. 11 Y `y IL CRS T A R Y FT. WORTH, TX DMIT 'A" TARRANT COUNTY, TEXAS NOTE: SURVEY LINES ARE APPROXIMATE I(CM) - CONTROL MONUMENT LICENSE AREA - 0.008 ACRES OR 339 SQ. FT. DESCRIBED ON EXHIBIT W ATTACHED HERETO VALUAM C. BODEN REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 1932 BEARINGS BASED ON TEXAS STATE PLANE CDORDINATE SYSTEM MAD e3 (CORS). NORTH CENTRAL ZONE, DERIVED FROM GPS OBSERVATIONS. MUSTANG Momm" MG. LP. TEXAS LOCENS:o SUW4EYNM FM 11E061RATM NM l00W5 -W 4150 MIERNAr10NAL PLAZA. SUIIE 600 SHEET 1 OF 2 � sn= 95 o 0o n1a _ ._ .... �.._ .__... __ gARNETT GATHERING, L.P. � 4 s t _ ` Y REVISED PER C.O.F.W. PARKS DEPT. OESCIWPrION PROJECT NO. MUSTANG ENGINEERING, L . P. FORT WORK TEXAS CRAWFORD CLEARFORK WEST - LICENSE AREA ON PROPERTIES OF CITY OF FORT WORTH PARK AREA (EAST) TARtANT COUNTY. 10 ORAWN eY:e.W. DAV:6 /4/10 DWG. NO. REI WALE CHEOCED eY: Wee A".: 1151154-94-00021 5 SCALE: 1• - 30' APP.: EXHIMT e TARRANT COUNTY, TEXAS LIMBS TO BE PULLED UP 'AND TIED OFF TO PREVENT BREAKAGE DURING CONSTRUCTION PER C.O.F.W. PARK DEPARTMENT `1:7i 411:21101 NOTE: SURVEY LINES ARE APPROXIMATE (CM) — CONTROL MONUMENT 0 TREE SHEET 2 OF 2 W T�IEERWfw LP. TEXAS L$CENSED SURVEYIIII' f11W REGOTPATION NO. 100406 -02 4150 INTERNATIONAL PLAZA. SURE 800 FORT WORTH. TEXAS - 78109 PHONE: 817 -406 -0900 REVSES�:o_F.w. PARKS DEPT._ BARNETT GATHERING, L.P. PROJECT NO. A MUSTANG ENGINEERING, L . P. FORT NORTH. TEXAS CRAWORD CLEAWORK WEST — UCENSE AREA ON PROPERTIES OF CITY OF FORT WORTH PARK AREA (EASI) TARRANT OOUNTY . 7EXA DRAWN BY: S.W. DATE:B /4/10 #5954-94-00021 WG. NO. REV. SAU: CHECKED BY: rlee DATE: 5 scALE: r . ao' APP.: EXHIBIT "A" TARRANT COUNTY, TEXAS FND. 1/2" I.R. (CM) R/P LPC II, LTD. INSTRUMENT LLED 2 5 52ACRES�S 5 E�lpot61 -68't' " gO I,�ts CITY OF FORT WORTH VOL 9263, PG. 424 PARK AREA (WEST) CALLED 3.941 ACRES a s CJ W Qr �ND Q §v NOTE: SURVEY LINES ARE APPROXIMATE (CM) - CONTROL MONUMENT LICENSE AREA = 0.008 ACRES OR 339 SO. FT. DESCRIBED ON EXHIBIT "B" ATTACHED HERETO FND. 1%2) CITY OF FORT WORTH VOL 9263, PG. 424 PARK AREA (EAST) CALLED 1.078 ACRES IATE I BY I DESCIMP71014 PROJECT NO. 15954 V)FMUSTANG ENGINEERING, C . P. FORT WWTH, TEXAS m a z Z; 0 O' AO a008 ACRE /DENSE AREA LINE TABLE UK BEARING DISTANCE 1 24 2 23..06 3 N 1 '4T 28.17 4 N 11.60 w r WI AM C. BODEN REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 1932 BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM NAD 83 (CORS), NORTH CENTRAL ZONE, DERIVED FROM GPS OBSERVATIONS. Now mD. L.P. tows LIKEN C Sulticvwc nRM IEOanIATION NO. 1OD405-02 4150 INTENNATIONAL PLAZA. Su7E 600 SHEET 1 OF 2 PH IE: e17N_ 5 7Btoe BARNETT GATHERING, L.P. AWFORD CLEARFORK WEST - LICENSE AREA ON PROPE11TES OF CITY OF FORT WORTH PARK AREA (EAST) IT Ty DRAIIM BY:l.W. j DAW: :6 /4/10 DWG. NO. REV. Or was DE 15954 -94 -0002 5 SCALE: 1' -30* APP.: EXHIBIT "A" TARRANT COUNTY. TEXAS R/P LPC II, LTD. INSTRUMENT # D205138465 CALLED 2.555 ACRES 3�a ��� 05 O ON O A0, aQQ U NOTE: SURVEY LINES ARE APPROXIMATE (CM) - CONTROL MONUMENT w = TREE TOWER Q Q U 41 O N� a o° N � 4�i �i Cl (CM) TEXAS ELECTRIC FND. 1/2` I.R. SERVICE COMPANY VOL. 2588, PG. 562 CALLED 12.80 ACRES 0.008 ACRE LICENSE AREA m ,:u r*A LIMBS TO BE PULLED UP AND TIED OFF TO PREVENT BREAKAGE DURING CONSTRUCTION PER C.O.F.W. PARK DEPARTMENT fiillllB.W.l CHANGED TWS PER C.O.F.W. IATE I BY I DESCRIPTION PROJECT NO 15954 0 MUSTANG ENGINEERING, L . P. FORT WORTH, TEXAS TREE DETAIL 2 - 18" TREES PREPARED BY: MUSTANG ENGINEERING, LP. TEXAS LICENSED SURVEYING FlRM REGISTRATION NO. 100405 -02 4150 INTERNATIONAL PLAZA, SUITE 800 FORT WORTH, TEXAS - 76109 SHEET 2 OF 2 PHONE: 817- 495 -0900 BARNETT GATHERING, L.P. CRAWFORD CLEARFORK WEST - UCENSE AREA ON PROPERTIES OF CITY OF FORT WORTH PARK AREA (EAST) TARRANT COUNTY, TEXA DRAWN BY: B.W. DATE:6 /4/10 IDWG. N0, REV. CHECKED BY WBB I DATE: SCALE: 1• - 30' 1 APP.: 15954 -94 -0002 5 EXHIBIT "B" Barrett Gathering L.P. License Area 1595494- 0002_Rev5 City of Fort Worth Being a 0.008 acre tract of land situated in the E. Wilburn Survey, Abstract No. 1635, Tarrant County, Texas and being a portion of that certain 1.078 tract of land described as Park Area (East) in deed to the City of Fort Worth as recorded in Volume 9263, Page 424 of the Deed Records of Tarrant County, Texas. Said 0.008 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found marking the most northerly corner of said 1.078 acre tract, common with a point in the most northerly southeast line of that certain 87811000 acre tract of land described in deed to Texas Electric Service Company as recorded in Volume 2590, Page 120 of the Deed Records of Tarrant County, Texas; THENCE with the east line of said 1.078 acre tract, S 00051'45" E, a distance of 22.24 feet to a point; THENCE severing, over and across said 1.078 acre tract, S 63 035'01" W, a distance of 22.06 feet to a point in the west line of said 1.078 acre tract, common with the easterly line of said 878/1000 acre tract; THENCE with said common line, N 18022'47" E, a distance of 28.17 feet to northwest comer of said 1.078 acre tract; THENCE with the north line of said 1.078 acre tract, N 63 013'29" E, a distance of 11.80 feet to the POINT OF BEGINNING, and containing 0.008 acres or 339 square foot of land, more or less, as shown on plat attached hereto as Exhibit "A ". Bearings are based on the Texas State Plane Coordinate System, NAD 83 (CORS), North Central Zone, derived from GPS observations. February 8, 2011 William C. Boden Registered Professional Land Surveyor No. 1932 r'# a ilia ■ © ■■ �� ilia ■� ■■ �� H • .' '7��� �`..�' =■ow ■■ EAH IP,?l IF �t " SECTION 03300 — CAST -IN -PLACE CONCRETE PART 1 - GENERAL 1.01 SCOPE OF WORK A. Concrete Sidewalk B. Concrete Handicap Ramps C. Shelter / Bench / Picnic Table Slabs D. Playground Edging E. Concrete Walls and Footings F. Related work elsewhere: Section 07920 — Joint Sealants 1.02 QUALITY ASSURANCE Reference Specifications: The work under this division of the Specifications shall conform generally to the requirements of Item 314 - "Concrete Pavement ", Item 406 - "Concrete for Structures ", and Item 410 — "Concrete Structures" of the City of Fort Worth's Standard Specifications for Street and Storm Drain Construction. PART 2 - MATERIALS 2.01 FORMS Forms shall be of ample strength, adequately braced, joined neatly and tightly and set exactly to established line and grade. 2.02 REINFORCING MATERIALS Reinforcing Bars: Reinforcing bars shall be round deformed bars meeting the requirements of the current standard Specifications for Intermediate Grade Billet Steel Concrete Reinforcing Bars of the A.S.T.M. Designation A -615. Reinforcing bars at the time the concrete is placed shall be free from rust, scale or other coatings that will destroy or reduce the bond. General reinforcing bars shall be number three bars spaced eighteen inches (18 ") on center in walks and twelve inch (12 ") on center in slabs as shown on Plans. 2.03 CONCRETE MATERIALS A. Cement: Portland cement shall meet the requirements of A.S.T.M. Specifications Designation C -150 and shall be Type 1. B. Aggregates: Concrete aggregates shall consist of gravel or crushed stone and shall be free from any excess amount of salt, alkali, vegetative matter or other objectionable materials. The aggregate shall be well graded from fine to course and the maximum size shall be one inch (1 "). Fine aggregate shall conform to ASTM C33. i i C. Water: Water used in mixing concrete shall be clean and free from deleterious amounts of acids, alkalies, vegetative matter or organic material. The concrete CAST -IN -PLACE CONCRETE 03300 � -1- shall be mixed in an approved batch mixer. The mixing time shall not be less than one (1) minute after all the batch materials are in the mixer. Cement content shall be not less than five (5) sacks per cubic yard of concrete and shall have a minimum twenty eight day (28) compressive strength of 3,000 psi. D. Mixing: Transit mixed concrete shall meet all the requirements for concrete as specified above. Sufficient transit mix equipment shall be assigned exclusively to the project as required for continuous pours at regular intervals without stopping or interrupting. Concrete shall not be placed on the job after a period of one and one half hours (1 -1/2) after the cement has been placed in the mixer. 2.04 RELATED MATERIAL A. Expansion Joint Filler: Expansion joint material shall be one inch clear heart redwood with cap and paved cross section as shown on the plans B. Dowels: Dowels for expansion joints shall be number four smooth round steel bars with expansion tubes as shown on Plans. Dowels shall be placed eighteen inches on center or as shown on Plans. C. Curing Compound: The membranous curing compound shall comply with the requirements of A.S.T.M., Designation C -309, Type 2, white pigmented. D_ PVC Sleeves: The Developer /Contractor shall furnish and install four inch (4 ") Class 200 PVC pipe sleeves under concrete walk as shown on plans and details. E. Caulking and Sealants — See Section 07920 -Joint Sealants 2.05 CONCRETE MIX DESIGN AND CONTROL A. Mix Design: The concrete shall contain not less than five (5) sacks of cement per cubic yard. Total water shall not exceed seven gallons per sack of cement. The mix shall be uniform and workable. The amount of course aggregate (dry -loose volume) shall not be more than eighty five percent (85 %) per cubic yard of concrete. The net amount of water will be the amount added at the mixer plus the free water in the aggregate or minus the amount of water needed to compensate for absorption by the aggregates. Free water or absorption determinations will be based on the condition of the aggregates at the time used. The absorption test will be based on a thirty minute (30) absorption period. No water allowance will be made for evaporation after batching. ;r B. Slump: When gauged by the standard slump test, the settlement of the concrete shall not be less than three inches (3 ") nor more than five inches (5), unless otherwise indicated. rj CAST -[N -PLACE CONCRETE 03300 -Z- _ I t vg �a C. .Quality: The concrete shall be designed for a minimum compressive strength of 3,000 pounds per square inch at the age of twenty -eight (28) days using a five (5) sack mix. D. Control- Submittal: Within a period of not less than ten days prior to the start of concrete operations, the Developer /Contractor shall submit to the City a design of the concrete mix proposed to be used together with samples of all materials to be incorporated into the mix and a full description of the source of supply of each material component. The design of the concrete mix shall conform with the provisions and limitation requirements of these specifications. All material samples submitted to the City shall be sufficiently large to permit laboratory batching for the construction of test beams to check the adequacy of the design. When the design mix has been approved by the City, there shall be no change or . deviation from the proportions thereof or sources of supply except as hereinafter provided. No concrete may be placed on the job site until the mix design has been approved by the City in writing to the Developer /Contractor. PART 3 - EXECUTION 3.01 REINFORCING: Metal reinforcing shall be accurately placed in accordance with the plans and shall be adequately secured in position by concrete, metal, or plastic chairs and spacers. Bar splices shall overlap at least twelve (12 ") inches. The re -bars shall be bent cold. 3.02 JOINTS A. Expansion Joints: Expansion joint materials shall be installed perpendicular to the surface. The bottom edge of the material shall extend to or slightly below the bottom edge of the slab and the top edge shall be held approximately one half (1/2 ") inch below the surface of the slab. The edge of joints shall be tooled with an edging tool having a one half (1/2 ") inch radius. B. Contraction Joints: Contraction joints shall be one quarter (1/4 ") inch wide by three quarter (3/4 ") inch deep, tooled joints placed on six foot centers, unless otherwise indicated. Contraction joints will not be required to be sealed. Sawed joints may be allowed only if specifically approved by the City. Joints will be sawed as soon as sawing can be performed without stripping aggregate from the concrete, generally within twelve to twenty -four (24) hours after placement, and they shall be completed before uncontrolled cracking of the pavement takes place. C. Construction Joints: Construction joints shall be installed in all concrete work at the locations shown on the plans. Construction joints formed at the close of each day's work shall be located at any of the control joints designated on the Plans. Joints may be constructed by use of wood or preformed metal bulkheads set true to the section of the finished concrete and cleaned and oiled. Surplus concrete on the subgrade shall be removed before resuming concreting operations. CAST -IN -PLACE CONCRETE 03300 -3- 3.03 PLACING CONCRETE: Placement of Concrete: The concrete shall be rapidly deposited on the subgrade immediately after mixing is completed. Subgrade and forms shall be dampened prior to placement of the concrete. The concrete shall be transported, placed and spread in such a manner as to prevent segregation of the aggregate or an excess amount of water and fine materials to be brought to the surface. No concrete shall be placed when the air temperature is less than forty degrees Fahrenheit nor when the temperature of the concrete is eighty -five degrees Fahrenheit or higher, without approval by the City. Placement shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the space between the bars. No concrete that has partially hardened or that has been contaminated by foreign material shall be deposited in the work nor shall retempered concrete be used. Each section of pavement between expansion and construction joints shall be placed monolithically. All concrete shall be thoroughly compacted by suitable means during the operation of placing and shall be thoroughly worked around reinforcement and embedded fixtures and into the corners of the forms. Special care shall be taken to prevent voids and honeycombing. The concrete shall then be struck off and bull - floated to the grade shown on the plans before bleed water has an opportunity to collect on the surface. 3.04 FMSHING: All concrete shall be finished by experienced, qualified concrete finishers. All concrete shall have a neat, rounded edge. Edging and jointing (radius described on plans) shall be accomplished with care so as not to leave deep impressions in the concrete surface adjacent to edges and joints. After the concrete has been floated and has set sufficiently to support the weight of cement finishers, a smooth steel trowel will be used to produce hard surface. The entire surface will then be brushed with a stiff bristle broom to produce a uniform textured finish. All edges and sides of concrete exposes to view shall be free of warp and blemishes with a uniform texture and smoothness as described in plans. 3.05 CURING: Curing Compound: Immediately after the finishing operations, the concrete shall be completely covered with a curing compound. The concrete surface shall be kept moist between finishing operations and the application of the curing compound. The curing compound shall be applied under pressure by means of a spray nozzle at a rate not to exceed two hundred (200) square feet per gallon. A minimum of seventy two (72) hours curing time will be required. 3.06 CONCRETE WALLS A. Placing Concrete 1. Where tremies are used, or where the free drop is five (5) feet or more, and through reinforcement, use a dumping box or board, moving the concrete therefrom by shovels or hoes. 2. Deposit concrete so that the surface is kept level throughout, a minimum being permitted to flow from one position to another, and place as rapidly as practicable after mixing. CAST -[N -PLACE CONCRETE ' 03300 q _ a 5' 3. Do not use in this work any concrete not placed within thirty (30) minutes after leaving the mixer. 4. Thoroughly work concrete around reinforcement and embedded fixtures, and into comers of forms, during placing operations. 5. Completely compact with tamping poles and by tapping forms until the concrete is thoroughly compact and without voids. Determine the number of tampers needed by the amount and method of placing concrete. 6. Exercise care to tamp concrete vigorously and thoroughly to obtain maximum density. 7. Use manual tampers as well as mechanical vibrators. a. Exercise care to direct the quick handling of vibrators from one position to another. b. Do not over - vibrate concrete. C. Do not move concrete by use of vibrator. B. Finishing 1. All formed surfaces exposed to view shall have a medium broom finish. 3.07 PROTECTION After concrete is placed, finished and cured as required, permit no traffic thereon for three days thereafter and further protect the surface from damage due to other causes. END OF SECTION CAST -IN -PLACE CONCRETE 03300 -5- �➢Cµ 1 i� ir `` G" 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. r. B. Fertilizer 1. Unopened bags labeled with the analysis." 2. Conform to Texas Fertilizer Law. 1.05 QUALITY CONTROL The Developer %Contractor who plants the sod is responsible for supervision of his crew, while planting the sod and maintaining the sod until the project is accepted by the City. PART 2 — PRODUCTS 2.01 SOD A. The sod shall be Buchloe dactyloides ( "Prairie" Buffalograss) and shall consist of stolons, leaf blades, rhizomes and roots with a healthy, virile system of dense, thickly matted roots throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive, healthy and vigorous and shall be free of insects, disease, stones and undesirable foreign materials and grasses. Sod shall have been produced on growing beds of clay or clay -loam topsoil. The sod shall not be harvested or planted when its moisture condition is so excessively wet or dry that its survival will be affected. If sod is stacked, it shall be kept moist and shall be stacked roots -to -roots and grass -to- grass. B. The sod shall be cut in strips four feet wide to be laid parallel with the contours. 2.02 FERTILIZER A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. B. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area two weeks after sodding. C. All fertilizer shall have an analysis of 3 -1 -2 or as designated on the plans. The fertilizer rate shall be 45 pounds of nitrogen per acre. 2.03 WATER The water shall be furnished by the Developer /Contractor and shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, the sod should be soaked one time per day for three weeks or until established. Soaking is mandatory after spreading the fertilizer. 2.04 COMPOST All compost material is to be totally organic and decomposed for at lease nine months. All compost is to be clean and free of fungus, disease, live plants, seed, excessive cotton lint and any harmful chemicals. "New Life Soil Conditioner" or " Perma Green Compost ", as specified below or an approved equal, shall be used. Raw organics are not acceptable. A. For soil with an alkaline 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 pll condition: Use "Derma Green Compost" by Texas Earth Resources, Inc. of Dallas, or "New Life Natural Grower" (ph 3.0 to 9.0) by Soil Building Systems, Inc., of Dallas. C. Sample and Specification Submittal: Submit a producer's specification and a quart �amplc of the co�rnpost proposed Cor the City's ippro,_il. fr 2F I ' 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 0* A. Scarify subgrade to a depth of three inches before depositing the required topsoil. 00 B. Tillage shall be accomplished to loosen the topsoil, destroy existing vegetation and prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel- type breaking plow, chisels set not more than ten inches apart. Initial tillage shall be done in a crossing pattern for double coverage, then followed by a disc harrow. Depth of tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted with sod. C. Cleaning: Soil shall be further prepared by the removal of debris, building materials, rubbish, weeds and stones larger than one inch in diameter. D Fine Grading: After tillage and cleaning, all areas to be planted shall be topdressed with one -half inch compost and then shall be leveled, fine graded, and drug with a weighted spike harrow or float drag. The required result shall be the elimination of ruts, depressions, humps and objectionable soil clods. This shall be the final soil preparation step to be completed before planting. 3.03 PLANTING Prior to laying the sod, the planting bed shall be raked smooth to true grade and moistened to a depth of four inches, but not to the extent causing puddling. The sod shall be laid smoothly, "e tightly butted edge to edge, and with staggered joints. The sod shall be pressed firmly into the sod bed by rolling or by hand tamping with an approved tamper so as to eliminate all air pockets, provide a true and even surface, and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas. Following compaction, compost shall be used to fill all cracks between sods. Excess compost shall be worked into the grass with suitable equipment and shall be well watered. The quantity of compost shall be such that it will cause no smothering or burning of the grass. 3.04 FERTILIZING Twenty -one days after planting, turfgrass areas shall receive an application of 3 -1 -2 fertilizer at the rate of 45 poun.ds of nitrogen per acre. Water well after application to prevent burning. END OF SECTION c r SECTION 02300 - EARTHWORK PART1- 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. i.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 r only. PART2- 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 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 -1- l.� l® G® ,.i 141, . i 0 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 Developer /Contractor shall haul and place imported fill obtained from off -site sources as necessary to construct the embankment and various other details of the construction plans. All costs related to such imported fill will be included in the contract price, and no additional or separate payment for imported fill will be due the Contractor. ,.. 1 C. A sample of the proposed imported fill must be provided by the Developer /Contractor _ 1 and be approved by the Owner. In general, imported material must be equal to or better �`�' than native material in quality and engineering characteristics. The Owner may also require the Contractor to provided a material analysis test of the proposed fill. ��?JMt lsN(tJYL. OPIN 2.05 SELECT MATERIALS A. Select materials shall be imported from offsite sources, unless they are available from '- % specifically designated areas on the site as marked on the plans. 2.06 UNSUITABLE MATERIALS s. A. Topsoil, select material, imported fill, or unclassified fill to be used as finish grade top dressing will be declared as "'unsuitable" by the Owner if, in his opinion, any of the following conditions or matter and particles are present to a degree that is judged detrimental to the proposed use of the material. 1. Moisture 2. Decayed or undecayed vegetation ' 3. Hardpan clay, heavy clay, or clay balls ms 4. Rubbish 5. Construction rubble 6. Sand or gravel 7. Rocks greater than one half inch (1/2 ") diameter 8. Cementious matter 9. Foreign matter of any kind B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200. C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of high moisture content, the Owner may grant the Developer /Contractor permission to process the material to reduce the moisture content to a usable optimum condition. EARTHWORK 02300 2- PART 3 - EXECUTION 3.01 SITE PREPARATION: In general, "site preparation," as specified in Section 02200, shall be performed in advance of grading and earthwork operations and shall be completed over the entire area of earthwork operations. 3.02 TOPSOIL A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin. Likewise, topsoil will be replaced after excavation and embankment construction are complete. B. Removal: Topsoil shall be stripped to an average depth of six inches from areas where excavation and embankment construction are planned. Topsoil may be obtained from greater depths if it is uncontaminated by the substratum and it is of good quality, in the opinion of the Owner. C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by the Owner. Stored topsoil shall be kept separate from other excavated materials and shall be protected from contamination by objectionable materials that would render it unsuitable. D. Timing: Topsoil will not be replaced (deposited) until construction activities are complete that would create undesirable conditions in the topsoil, such as overcompaction or contamination. Trenching for items such as electrical conduit and irrigation pressure lines must be complete before topsoil replacement may begin. E. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, processed, compacted, and graded to leave a finished layer of topsoil not less than five inches in depth. Unless otherwise indicated, topsoil will be replaced over all areas of earthwork (including slopes), except where pavement is planned. F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine grading will be accomplished with a weighted spike harrow, weighted drag, tractor box blade, light maintainer, or other acceptable machinery. All particles of the finish grade shall be reduced to less than one half inch (1 -1/2 ") in diameter or they shall be removed. All rocks of one inch or greater shall also be removed. Grading operations and equipment will be such that topsoil does not become overcompacted. Bulldozer blades and front -end loader buckets are not acceptable devices for topsoil grading operations. Final grading within five feet of constructed or installed elements shall be hand raked. G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in plane, even in gradient (slope), uniform in surface texture, and of nonnal 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 - J v- 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 below required subgrade elevation for the entire width of the area under construction and shall be backfilled with suitable materials as indicated on the plans. 3.04 EARTH EMBANKMENT A. Earth embankment is defined as embankment composed of suitable materials removed in unclassified excavation and/or imported fill. The construction of embankment includes preparing the area on which fill is to be placed and the depositing, conditioning, and compaction of fill material. B. General: Except as otherwise required by the plans, all embankment shall be constructed in layers approximately parallel to the finished grade of the graded area, and each layer shall be so constructed as to provide a uniform slope as shown on the grading plan. Embankments shall be constructed to correspond to the general shape of the typical sections shown on the plans, and each section of the embankment shall correspond to the detailed section or slopes established by the drawings. After completion of the graded area, embankment shall be continuously maintained to its finished section and grade until the project is accepted. C. Preparation: Prior to placing any embankment, all preparatory operations will have been completed on the excavation sources and areas over which the embankment is to be placed. The subgrade shall be proof rolled to detect soft spots, which if exist, should be reworked. Proof rolling shall be performed using a heavy pneumatc tired roller, loaded dump truck, or similar piece of equipment weighing approximately 25 tons except as otherwise specified for tree protection and areas inaccessible to vehicular compactors. Stump holes or other small excavations in the limits of the embankments shall be backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground, including plowed, loosened ground, or surfaces roughened by small washes or otherwise, shall be restored to approximately its original slope by blading or other methods, and, where EARTHWORK 02300 -4- h4 i t c� _cSA E� �t SECTION 02830 - SEEDING PART 1 - GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. Standardized Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller B. - Texas Highway Department: Standard Specifications for Construction, Item 164, "Seeding for Erosion Control" and Item 180, "Wildflower Seeding ". 1.03 SUBMITTALS A. Seed 1. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed (PLS) b. Name and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one hundred (100) miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing, prior to planting. 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS A. Planting Season: The season varies according to species (see Part 2 - Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. B. Schedule after all other construction is complete. SECTION 02930 - SEEDING -I - C. Protect and Maintain Seeded Areas 1. From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The Developer /Contractor who plants the seeds is responsible for daily supervision of his crew, and for the planting the seed and maintaining the seedlings until acceptable viable growth is achieved and the project accepted by the City. PART 2 — PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed (PLS = purity x germination) per acre. Substitution of individual seed types due to lack of availability shall be determined only by the City at the time of planting. The Developer /Contractor shall notify the City of difficulties 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. Weed seed shall not exceed 10 percent by weight of the total of pure live seed (PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean, dry and harvested within one year of planting. 1. Non - native grass seed shall consist of. If planted between April 15 and September 10: Lbs. /Acre Common Name Scientific Name Purity Germination 25 Bermuda (unhulled) Cynodon dactylon 85% 90% 75 Bermuda (hulled) Cynodon dactylon 95% 90% Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium multiflorum 82% 80% 40 Bermuda (unhulled) Cynodon dactylon 84% 85% 2 Native grass seed - The seed shall be planted between February I and October I and shall consist of: Lbs. PLS /Acre Common Name Botanical Name SECTION 02930 - SEEDING -2- 16 Green Sprangletop 40 Sideoats Grama* 64 Little Bluestein* 200 Buffalograss 40 Indian Grass* 16 Big Top Lovegrass* 16 Weeping Lovegrass 80 Canada Wild Rye* Leptochloa dubia Bouteloua curtipendula Schizachyrium scoparium Buchloe dactyloides Sorghastrum avenaceum Eragrostis hirsuta Eragrostis curvula Elymus canadensis var. canadensis *These grasses are not to be planted within ten feet of a road or parking lot or, within three feet of a walkway. 3 Wildflower seed - All wildflower seeds are to be hand broadcast, (see 3.02,A). The seed shall be planted between'March 5 and May 31 or between September 1 and December 1 and shall consist of: Lbs. PLS /Acre Common Name Botanical Name 10 Foxglove* Penstemon cobaea 20 Lanceleaf Coreopsis Coreopsis lanceolata 50 Bluebonnet Lupinus texensis 10 Pink Evening Primrose Oenothera speciosa 10 Purple Coneflower* Echinacea purpurea 20 Indian Blanket Gaillardia pulchella 10 Mexican Hat Ratibida columnaris 3 Maximillian Sunflower* Helianthus maximiliana 10 Winecup Callirhoe involucrata 10 Lemon Mint* Monarda citriodora *These wildflowers are not to be planted within ten feet of a road or parking lot within three feet of a walkway. 4. Temporary erosion control seed When specified on the plans, temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in this section. B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper -by- products (waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten (10) percent moisture, air dry weight basis j5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. SECTION 02930 - SEEDING -3- v� .r u'. r. 'i �R .I.II I;• J -. •. I 3 �j 1: I y C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the �� - analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16 -20 -0, 16 -8 -8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas — one hundred (100) pounds of Nitrogen per acre. C. Where applying fertilizer on established seeding areas — one hundred fifty (150) pounds of Nitrogen per acre. D. Water: Shall be furnished by the Developer /Contractor by means of temporary metering / irrigation, water truck or by any other method necessary to achieve a viable, acceptable stand of turf as noted in 3.04.B.2. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation_ The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch 4 (1/2 ") per week should be applied for approximately two to three weeks or until project is accepted by the City. E. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled paper mulch, (see 2.01, B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater, use the following soil retention blanket (Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1- 800 - 777 -SOIL. 2.02 MIXING Seed, mulch, fertilizer and water may be mixed provided that: 1. Mixture is uniformly suspended to form a homogenous slurry. 2. Mixture forms a blotter -like ground cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty (30) minutes after placed in the equipment. SECTION 02930 - SEEDING -4- 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 In all compacted areas till one (1) inch deep. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less seed/water run -off. 3. In areas near trees: Do not till deeper than one half inch (1/2 ") inside "drip line" of trees. C. Watering: Soil should be watered to a minimum depth of four inches within forty eight (48) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. 3. Never cover seed with more soil than twice its diameter. 4. For wildflower plantings, scalp existing grasses to one inch, remove grass clippings, so seed can make contact with the soil. B. Mechanically Seeding (Drilling): If mechanically seeding (drilling) the seed or seed mixture, the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All 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 (1/4 ") inch to three eighths (3/8 ") inch utilizing a pasture or rangeland type drill. All drilling is to be on the contour. After planting, the area shall be rolled with a roller integral to the seed drill, or a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. 3.03 MULCHING A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces - minimum 1,5001bs. /acre. 2. Sandy soils, sloping surfaces - minimum 1,8001bs. /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- City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/15/2011 DATE: Tuesday, November 15, 2011 REFERENCE NO.: L -15285 LOG NAME: 80RIVER PARK GAS PIPELINE SUBJECT: Conduct a Public Hearing and Authorize Use of a Portion of the Subsurface of River Park for the Purpose of Installing a Sixteen -Inch Natural Gas Pipeline, Authorize Execution of a License Agreement in the Amount of $1,042.34 and Authorize Execution of a Ninety -Day Temporary Construction Access Agreement in the Amount of $26,615.00 with Barnett Gathering, LP (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; 2. Find that no feasible or prudent alternative exists for the use of River Park for the location of the proposed natural gas pipeline; 3. Find that the proposed natural gas pipeline includes all reasonable planning to minimize harm to the parkland, including that the pipeline will be constructed in River Park as specified on the attached exhibits and as noted in the discussion below; 4. Close the public hearing and authorize the approval of the use of approximately 0.008 acre of dedicated parkland of River Park for the installation of a 16 -inch natural gas pipeline and use of approximately 0.61 acre of River Park for temporary workspace; 5. Authorize execution of a License Agreement with Barnett Gathering, LP, for River Park in the amount of $1,042.34; and 6. Authorize execution of a 90 -day Temporary Construction Access Agreement with Barnett Garthering, LP, for River Park in the amount of $26,615.00 with proceeds dedicated to improvements at River Park. . River Park located at 3100 Bryant Irvin Road, Mapsco 74Y and 74Z and 88B, 88C and 88D, located east of State Highway 183 and Cumberland Road, west of Bryant Irvin Road, north of the Trinity River and south of River Park Lane South, Trinity View Drive, River Lodge Trail South, San Rocendo Street and Audras Way, in COUNCIL DISTRICT 3. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the use of a portion of the subsurface of River Park for the purpose of installing a 16 -inch natural gas pipeline and authorize the execution of a License Agreement and Temporary Access and Workspace Agreement with Barnett Gathering, LP Logname: 80RIVER PARK GAS PIPELINE Page I of 3 The Parks and Community Services Department ( PACSD) has been approached by Barnett Gathering, LP (BG), requesting to install a natural gas pipeline in River Park. The natural gas line would be servicing the Edwards and Clearfork Pad Sites. The proposed alignment would allow for a 16 -inch natural gas pipeline beneath the park. A 0.008 acre area (approximately 348 square feet) is being requested for siting the pipeline. The location of the pipeline was chosen in consideration of the future development plans for River Park, and much of the proposed pipeline will be located on existing Oncor transmission line property. BG has agreed to maintain a minimum depth of 10 -feet for bored areas within the park. Staff is recommending as a condition of granting this alignment, that BG be assessed the recommended standard fee of $47.25 per linear foot of pipeline. This amount is consistent with fees assessed under the City's current Right -of -Way Use Agreements for installation of non - utility equipment, appliances or appurtenances in public right -of -way. In this instance, a fee of $1,042.34 will be assessed for approximately 22.06 linear feet of pipeline. This assessment will be distributed in accordance with the City's Financial Management Policy Statement, Gas Well Revenue Policy. A License Agreement will be required. Additionally, BG has requested the use of 26,615 square feet of parkland for 90 days to serve as a temporary workspace in connection with the construction of the proposed gas pipeline. BG will be charged a mitigation fee of $1.00 per square foot of temporary workspace for construction area on the park. A fee of $26,615.00 will be assessed for the temporary workspace. Due to the fact that the mitigation fees are the direct result of temporary surface land use and disruption, it is recommended that the funds generated from the park mitigation fees be used in River Park for park improvements in compliance with the Parks and Community Services Park Facility Development Guidelines. A Temporary Access Agreement will be required. BG will be responsible for repairing and restoring the park to its previous condition or better. On September 28, 2011, the Parks and Community Services Advisory Board (PACSAB) endorsed Staffs recommendation that the City Council authorize the use of approximately 0.008 acre of parkland in River Park as proposed. In accordance with State law, the public notice was advertised in the Fort Worth Star - Telegram on October 18, 2011, October 25, 2011 and November 1, 2011. An exhibit map was available for public review for 30 days at the PACSD administrative offices located at 4200 South Freeway, Suite 2200. A letter announcing the proposed use was sent to the president of the River Park Place Homeowners Association, Inc., on October 25, 2011. Signage was posted at the site noting the proposed use and providing instructions for directing comments to the Parks and Community Services Department. During the public hearing under Report of City Staff, Staff will note any public comments that have been received. River Park is located in COUNCIL DISTRICTS 3. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that the Parks and Community Services Department is responsible for the collection and deposit of funds due to the City. FUND CENTERS: TO Fund /Account/Centers C282 466266 801929930400 C282 446300 80192990300 T122 446300 080192003371 $26.615.00 521.17 521.17 FROM Fund /Account/Centers Logname: 80RIVER PARK GAS PIPELINE Page 2 of 3 CERTIFICATIONS: Submitted for City Manager's Office b Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS 1. MAYOR AND COUNCIL COMMUNICATION aerial route.doc (Public) 2. MAYOR AND COUNCIL COMMUNICATION aerial.doc (Public) 3. MAYOR AND COUNCIL COMMUNICATION pipeline route.doc (Public) Logname: 80RIVER PARK GAS PIPELINE Page 3 of 3