Loading...
HomeMy WebLinkAboutContract 45828 (2)CITY SECRETARY I_ v CONTRACT NO. p 0 fro TEMPORARY ACCESS PERMIT AND WORKSPACE LICENSE AGREEMENT FOR MALLARD COVE PARK This Temporary Access Permit and Workspace License Agreement ("Permit") is 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, acting by and through its duly authorized Assistant City Manager, and Texas Midstream Gas Services, LLC ("Company"), an Oklahoma limited liability company, acting by and through its duly authorized representative. The following statements are true and correct and constitute the basis on which the City has executed the Permit: A. City owns a certain piece of property known as Mallard Cove Park located at 375 Shadow Grass Avenue, in Fort Worth, Texas, which is depicted in Exhibit A ("Park"). B. Company wishes to use certain designated portions of the Park for temporary access and workspace to examine the integrity of and make necessary repairs to an existing gas line beneath the Park that is within an easement owned by the Company, which said easement is recorded with the Fort Worth City Secretary as City Secretary Contract Number 32195 ("Easement"). C. City has reviewed Company's request and agrees to grant Company use of the designated portion(s) of the Park in accordance with the terms and conditions of this Permit. Agreement I. Term a. License Period. The term of this Permit shall consist of one (1) license period of thirty (30) consecutive calendar days ("License Period"). The License Period shall commence on the third business day following the date on which this Permit is executed by the City ( "Commencement Date") and shall end at 11:59 P.M. on the thirtieth (30ti) day following the Commencement Date ("Expiration Date"). b. Extension of License Period. If Company fails to complete all obligations hereunder in accordance with this Permit on or before the expiration of the License Period, including,but not limited to, pipe stringing operations and restoration of the Park, p p then Company agrees to extend the License Period on a month -to -month basis until Company has completed all obligations pursuant to this Permit. If an extension occurs, then Company shall pay or cause the City to be paid rent in the amount of $7,500.00 per month, which will be due and payable on or before the first (1st) day of each extended License Period. Such rent shall be paid to the City without demand and without offset. c. The extension of the License Period shall renew automatically each month until Company receives notice from the City that all of its obligations under the Permit have OFFICIAL RECORD RECEIVED AUG 12.201'I C1TYSECRETARY Access Permit and Workspace License Agreement for Mallard Cove Park Page 1 of 31 Ft WORTH, TM been completed, which notice the City shall not unreasonably withheld. Notwithstanding anything to the contrary, the City may terminate the extended License Period at any time and for any reason. d. Access. No use of or access to the Park or the Licensed Premises shall be allowed outside of the designated License Period or applicable extension period, except as is authorized by any easements held by Company. Company's rights in and to the Licensed Premises hereunder shall be strictly limited and shall fully and absolutely terminate and be of no further force and effect at the conclusion of the License Period or applicable extension period, except as is authorized by any easements held by Company. After the License Period or applicable extension period ends, all rights of Company in and to the Licensed Premises shall, automatically and without the need for any further documentation, fully and unconditionally terminate, whereupon Company shall have no right of entry or use of the Licensed Premises whatsoever except as is authorized by any easements held by Company. II. Licensed Premises Subject to the terms and conditions set forth in this Permit and the City Charter and ordinances, for and in consideration of the monetary payments to be made hereunder and the other covenants and promises expressed herein the City does hereby agree to license to Company during the License Period the use of a portion of the Park that is set forth and depicted in Exhibit B, which is attached hereto and incorporated herein for all purposes as though it were set forth at length ("Licensed Premises"). The Licensed Premises is directly adjacent to the Easement III. License Fee/Additional Consideration In consideration of Company's agreement to employ a more expensive method of pipe replacement to reduce overall harm to the Park and payment of $7,500.00 the City grants to the Company the rights and privileges to use the Park in accordance with the terms and conditions of this Permit Payment shall be made within five (5) days of the date on which this Permit is fully executed and delivered to the offices of the City's Parks and Community Services Department located at 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115. Consideration for any additional use of the Licensed Premises beyond the initial 30 day license period will be in accordance with Section I. IV. Acceptance of Licensed Premises Company takes all portions of the Licensed Premises and all appurtenances in "AS IS" condition without any express or implied warranty on the part of the City. Company accepts the Licensed Premises in their present condition, finds them suitable for the purposes intended, and further acknowledges that it is thoroughly familiar with such condition by reason of personal inspection and does not rely on any representations by the City as to the condition of the Licensed Premises or their suitability for the purposes intended. Company accepts the Licensed Premises subject to any and all previously recorded easements that may have been granted on, along, over, under, or across said property, and releases the City from any and all damages, claims for damages, loss, or Access Perrnit and Workspace License Agr ement for Mallard Cove Park Page 2 of 31 liabilities that may be caused to invitees, licensees, or trespassers by reason of the exercise of such rights or privileges granted in said easements Company's taking possession of the Licensed Premises shall be conclusive evidence that: (a) the Licensed Premises are suitable for the purposes and uses for which same are licensed; and (b) Company waives any and all defects in and to the Licensed Premises and all the appurtenances thereto. The City shall not be liable to Company, its agents, employees, contractors, subcontractors, invitees, licensees, or guests for any damage to any person or property due to the acts or omissions of Company, its agents, employees, contractors, or subcontractors, unless such damage is caused by the gross negligence or willful misconduct of City or its agents, employees, separate contractors, or subcontractors. V. Use Not Exclusive This Penult and all rights granted to Company herein are strictly non-exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and other authorizations for use of the Park and the Licensed Premises to other persons and entities as the City deems appropriate in accordance with applicable law; provided, however, that in granting subsequent authorization for use, the City will not allow a use that will unreasonably interfere with Company's use of the Licensed Premises as provided herein. This Peuuit does not establish any priority for the use of the Park or the Licensed Premises 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 or the Licensed Premises, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. VI. Limitations on Use a. Construction on the Licensed Premises is allowed only between 7:00 A.M. and 7:00 P.M. Monday through Saturday. For purposes of this provision, the teitu `construction," shall include (i) clearing, dredging, excavating, compacting, or grading of land; (ii) delivery or assembly of pipe, fittings, or similar materials; and (iii) operation of heavy equipment, including, but not limited to, a backhoe, backhoe loader, boom truck, bulldozer, compactor, crane, dump truck, excavator, grader, grapple truck, loader, pile driver, power shovel, roller, scraper, tractor, trencher, and tunnel boring machine. b. The Company shall schedule a pre -construction meeting with staff in the Parks and Community Services Department at least three (3) business days prior to initiating any construction on the Licensed Premises (including, but not limited to, any excavation work). The pre -construction meeting shall be for purposes of outlining Company's plans and schedules regarding: (i) mobilization and access to property, (ii) minimizing construction impact on vegetation and the Park in general, and (ii) restoration of all affected parkland and amenities. c. All Company equipment and materials shall be placed and maintained solely within the confines of the Licensed Premises. Company understands and acknowledges Access Permit and Workspace License Agreement for Mallard Cove Park Page 3 of 31 that access to the Licensed Premises shall be accomplished the Company's Easement Use of any portion of the Park outside of the Licensed Premises shall not be permitted. VII. Public Safety. a Company shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with Company's use of the Licensed Premises and the Park. b. At a minimum, Company shall install and maintain construction fencing around the border of the Licensed Premises. Following installation of the fencing, the Company shall contact the Department to inspect for proper installation. The existing controlled - access entry shall be kept locked when not in use, and the Company shall provide the Department with keys for all fence and entry locks. At no time shall any fenced area be left open unless staffed by security personnel. c. In addition, Company shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of traffic control devices shall be consistent with the standards and provisions of Part VI of the Texas Manual on Unifouni Traffic Control Devices. Company shall also take all necessary precautions and shall provide all necessary protection to prevent damage, injury, or loss to (a) all persons accessing portions of the Licensed Premises on which any construction is being performed by or on behalf of Company; (b) all work performed on or from the Licensed Premises and all materials and equipment to be incorporated therein that are under the care, custody, or control of Company, or Company's employees, agents, contractors, or subcontractors, regardless of whether such material and equipment is stored on or off the Licensed Premises; and (c) other property on or adjacent to the Licensed Premises. d. For barricade structures constructed along the Park's sidewalks, Company shall be required to ensure that installation and equipment meet the requirements of the Transportation and Public Works Department and the Parks and Community Services Department. Staff from the Department shall be entitled to inspect the barricade structures during and after the installation process. VIII. Protection of the Environment a. The City shall not knowingly pei mit any third party to, use, handle, or store any Hazardous Materials on, under, over or about Palk or the Licensed Premises in violation of any applicable laws. Company shall not handle or store any Hazardous Materials on the Licensed Premises or the Park, except that Company may, in compliance with applicable environmental laws, use and store Hazardous Materials in such amounts and types that are commonly used in connection with pipeline stringing operations, provided however, that Company specifically agrees to remove any and all such Hazardous Materials on or before the final day of the License Period. Company shall not introduce, use, generate, store, accept, or dispose of on, under, or about, transport across, or permit to exist on the Licensed Premises or the Park any ` treatment, storage or disposal facility" or "underground storage tank," as those teinms are defined under applicable environmental laws. For purposes of this Permit, "Hazardous Materials" shall mean potentially Access Permit and Workspace License Agreement for Mallard Cove Park Page 4 of 31 dangerous hazardous wastes, toxic substances, or related materials, including, but not limited to, pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or other fuels (including crude oil or any fraction or derivative thereof); underground storage tanks, and substances considered hazardous, toxic, or the equivalent pursuant to applicable laws. Any Hazardous Materials used by Company on the Licensed Premises shall be posted on site and a list shall be given to City. b. Company shall not create or aggravate any condition at the Park or the Licensed Premises that could present a threat to human health or to the environment IX. Documenting Condition of Licensed Premises Company must provide the Director of the Parks and Community Services Department or that person's designee ( Director") with videographic documentation of the condition of the Licensed Premises as they exist both before and after the use permitted herein. All such video must include a visible date and time stamp indicating when the videography occurred. Company must submit documentation of the pre -installation condition prior to commencing any work on the Licensed Premises. Post -installation documentation must be submitted no later than five (5) business days after the last day of the License Period. Director will distribute copies of the documentation to all appropriate City personnel to determine whether any damage has been done to the Licensed Premises. X. Minimizing Impact on Vegetation a. Company shall not cut or remove any trees on the Licensed Premises. Prior to beginning any construction, Company shall install perimeter construction fencing in accordance with any preconstruction plans agreed to by the Director. In addition, to minimize damage during construction Company shall install chain link fencing on the outside drip line of trees and other vegetation specifically identified by the Director at a pre -construction meeting and as outlined in accordance with Exhibit C, which is attached hereto and incorporated herein for all purposes. Company shall notify the Director once the perimeter fencing and tree protection measures have been installed and allow the Director an opportunity to inspect the work before construction begins. The City shall have at least four (4) business days following the date on which notice is received to conduct its inspection. Company may begin construction on or after the third business day following the date on which it provided notice to the City unless the City contacts Company and identifies specific issues that render the perimeter fencing or tree protection measures unacceptable. b. Company shall ensure that tree protection fencing remains in place throughout the License Period or any extended License Period. At no time shall any tree be damaged or removed except as allowed herein. If any other tree within the Park is damaged in connection with Company s operations, Company agrees to undertake remediation efforts, including paying of remediation costs, in accordance with Exhibit D, which is attached hereto and incorporated herein for all purposes. Any fencing shall remain in place until such time as the Licensed Premises are restored pursuant to the terms of this Permit. Access Permit and Workspace License Agreement for Mallard Cove Park Page 5 of 31 XI. Minimizing Impact on Utilities a. If the Company encounters any utility infrastructure (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, or gas lines) in the course of or in connection with Company s use of the Licensed Premises, the Company covenants and agrees to cease construction operations immediately and install protective matting over or around such utilities in compliance with specifications approved by the City's Water Department or by the Parks and Community Services Department. Following installation of the matting Company shall contact the Director to arrange for inspection and approval by appropriate City personnel b. Company shall provide the Director with a copy of the matting specifications and the Water Depailuient's inspection report within twenty-four (24) hours of receiving the report from the Water Department and prior to mobilization of pipeline construction equipment in the Park. Company may begin construction after the date on which it provided the inspection report and specifications to the Director unless the Director contacts Company and identifies specific issues that render the measures unacceptable. XII. Restoration of Improvements To the extent any road, curb, gutter, irrigation system, utility line, barricade, fence, or other improvement is destroyed, removed, or altered in connection with Company's activities under this Permit, as determined in the sole reasonable discretion of the Director, Company shall reconstruct and restore such improvement in a good and workmanlike manner to a condition that is equal to or better than the one in which such improvement existed as of the date this Peiniit is fully executed, as evidenced by the pre - installation video required under Section IX of this Penult. Any restoration required under this section must be completed by Company and inspected and approved by the Director prior to the expiration of the License Period or the License Period will be extended per Section I XIII. Restoration of Surface of Licensed Premises To the extent any portion of the surface of the Licensed Premises is damaged or disturbed in connection with Company s activities under this Permit, as determined by the Director in his sole reasonable discretion, Company shall restore the surface of the Licensed Premises by: (i) aerating the soil using a heave -action aerator with six -to -eight inch tines to address compaction caused during the process of pipe stringing; (ii) replanting and reseeding with Common Bermuda grass in accordance with the seeding specifications outlined in the attached Exhibit E; and (iii) watering the replanted and reseeded areas as needed until the replacement vegetation is reasonably established and has been approved and accepted by the Director. Prior to planting COMPANY shall provide the Director with documentation certifying the type and quality of the materials to be planted. The Department may, in exercise of reasonable discretion, reject any plant material that does not meet the requirements of this section or Exhibit E or is otherwise unacceptable for one or more specific, clearly identified reasons. Any restoration required under this section must be completed by Company in compliance with the specifications set forth in this section and the attached exhibits and inspected and approved by the Director, which Access Permit and Workspace License Agreement for Mallard Cove Park Page 6 of 31 approval shall not be unreasonably withheld, prior to the expiration of the License Period or the License Period will be extended per Section I. XIV. Discretionary Limited Access to Care for and Establish Vegetation a. Company may request limited access to the Licensed Premises to water, care for, and establish replacement vegetation required under Section XIII ("Limited Access"). A request for Limited Access must be made in writing and delivered to the Director at least ten days prior to the expiration of the License Period or extended License Period. Replacement vegetation or seed must be in place at the time the request is made. b. Director may, in its reasonable discretion, authorize Limited Access for a period not to exceed two weeks from the expiration of the License Period or extended License Period. During the Limited Access period, no Company materials or equipment may remain on the Licensed Premises with the exception of irrigation directly involved in irrigation and temporary fencing used to protect areas being restored. Company's use of the Licensed Premises under Limited Access in accordance with this Section shall not invoke any additional extended License Period beyond that which already exists at the time that Limited Access is granted. XV. Liability; Indemnification. a. Company agrees to pay City for all damages suffered or incurred by City, either directly or indirectly, as a result of any operations on or from the Licensed Premises conducted for or by Company, its agents, employees or representatives including all damage or injury to standing or fallen timber, buildings, fences, equipment, and all other property, whether real or personal. b. COMPANY COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF THE ACTS OR OMISSIONS OF COMPANY, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, VOLUNTEERS, OR PROGRAM PARTICIPANTS. COMPANY LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURIES, DAMAGE, LOSS, OR DESTRUCTION TO PROPERTY OF CITY DURING THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS PERMIT. HOWEVER, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT EXTEND TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND, IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH COMPANY AND THE CITY, RESPONSIBILITY AND LIABILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH Access Pennit and Workspace License Agreement for Mallard Cove Park Page 7 of 31 THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF THE STATE OF TEXAS. c. Company covenants and agrees that City shall no way or under any circumstances be responsible for any property belonging to Company, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers that may be stolen, destroyed, or in any way damaged, and COMPANY HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY FROM ANY AND ALL SUCH CLAIMS. City does not guarantee police protection and will not be liable for any loss or damage sustained by COMPANY, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the Premises. d. Company agrees that City shall not be liable for any loss, injury or damage whatsoever suffered or incurred by Company or Company's agents employees or representatives while on the Licensed Premises. XVI. INSURANCE Duty to Acquire and Maintain i. Company shall ensure that a policy or policies of insurance are procured and maintained at all times, in frill force and effect, to provide coverages of the types and amounts specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence, or location of the Park and the construction, installation, operation, maintenance, repair, reconstruction or condition of the pipeline The insurance required hereunder may be met by a combination of self-insurance and primary and excess policies. Company shall provide proof of all requirements stated herein to the City prior to beginning any work pursuant to this Agreement. b. Types and Amounts of Coverage Required i. Commercial General Liability: A. $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for the following* (i) Premises Liability; (ii) independent contractors; (iit) products/completed operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse, and underground property damage ii. Property Damage Liability: A. $1,000,000.00 per occurrence ii. Umbrella Policy A. $5,000,000.00 Access Permit and Workspace License Agreement for Mallard Cove Park Page 8 of 31 iii. Environmental Impairment Liability (EIL) &/or Pollution Liability A. $5,000,000.00 per occurrence B. $10,000,000.00 aggregate iv. Automobile Liability: A. $1,000,000.00 per accident, including, but not limited to, all owned, leased, hired, or non -owned motor vehicles used in conjunction with the rights granted under this Permit v Worker's Compensation: A. As required by law vi. Employer's Liability: A. $1,000,000.00 per accident c. Revisions to Required Coverage i. At the reasonable recommendation of the City's Risk Manager, the City may at any time revise insurance coverage requirements and limits required by this Permit. Company agrees that within thirty (30) days of receipt of written notice from the City, Company will implement all such revisions requested by the City. Policies shall not have exclusions that nullify or alter the required lines of coverage, or decrease the limits of said coverages required by this Agreement, unless such endorsements are approved in writing by the City. 1`he 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. d. Underwriters and Certificates i. Company shall procure and maintain its insurance with underwriters who are authorized to do business in the State of Texas and who are acceptable to the City in terms of solvency and financial strength. Within ten (10) business days following execution of this Peiuiit, 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. e. Deductibles i. Deductible or self -insured retention limits on any line of coverage required Access Permit and Workspace License Agreement for Mallard Cove Park Page 9 of 31 herein shall not exceed $500,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. f. Waiver of Subrogation i. Company shall require any of its contractors' worker's compensation policies to contain a waiver of subrogation endorsement in favor of the City. g. No Limitation of Liability i. The insurance requirements set forth in this section and any recovery by the City of any sum by reason of any insurance policy required under this Permit shall in no way be construed or affected to limit or in any way affect Company liability to the City or other persons as provided by this Permit or law. XVII. Prohibition Against Liens Company shall not do any act or make any contract that may be purported to create or be the foundation of any lien on or any interest in the Licensed Premises or the Park. Any such act contract, or lien attempted to be created shall be void. Should any purported lien on the Licensed Premises be created or filed, Company shall, at its sole expense, liquidate and discharge same within ten (10) business days after notice from the City to do so XVIII. Notices All notices required or permitted under this Permit shall be conclusively determined to have been delivered when (i) hand -delivered to the other party, its agent, employee, servant, or representative, or (ii) received by the other party by reliable overnight courier or United States Mail, postage prepaid, return receipt requested, at the address stated below or to such other address as one party may from time to time notify the other in writing. To THE CITY: To COMPANY: Director Parks and Community Services City of Fort Worth 4200 South Freeway, Ste 2200 Fort Worth, Texas 76115 With a copy to: Department of Law City of Fort Worth Attn: City Attorney Texas Midstream Gas Services, L L C Director — Property Rights 525 Central Park Dr. Oklahoma City, OK 73105 Texas Midstream Gas Services, L L C. c/o CT Corporation 350 North St. Paul Street, Suite 2900 Access Permit and Workspace License Agreement for Mallard Cove Park Page 10 of 31 1000 Throckmorton Dallas, Texas 75201 Fort Worth, Texas 76102 XIX. Independent Contractor It is expressly understood and agreed that Company shall operate as independent entity in each and every respect hereunder and not as an agent, representative, or employee of the City. Company shall have the exclusive control and the exclusive right to control all details and day-to-day operations and activities relative to operation of Company and this Permit and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Company acknowledges that the doctrine of respondent superior shall not apply as between the City and Company, its officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees. Nothing contained in this Permit shall be construed as the creation of a partnership or joint enterprise between the City and Company. XX. Prohibition Against Assignment Company may not sell, assign, or otherwise transfer any of its rights or obligations under this Permit without the prior, written consent of the City. Any such attempted assignment without the City's consent shall be void. XXI. Compliance with Laws and Regulations a. In operating under this Pennit, Company agrees to comply with all applicable federal, state, and local laws, regulations, and ordinances, including all City ordinances, charter provisions, and rules, regulations, and requirements of the City's Police, Fire, Code Compliance, Transportation and Public Works, and Health Departments. b. Company will not knowingly do or suffer to be done anything on said Licensed Premises during the teinis of this Peiinit in violation of the laws, statutes, ordinances, rules, regulations, charter provisions, directives or requirements referenced in this Permit If the City calls the attention of Company to any such violation on the part of said Company or any person employed by or admitted to said Licensed Premises by Company, Company will immediately (or otherwise as soon as reasonably possible) desist from and correct such violation and/or vacate the Licensed Premises. XXII. Taxes Company acknowledges and agrees that it shall be solely responsible for paying all taxes assessed or imposed by any governmental entity in connection with the construction, installation, operation, maintenance, repair, or reconstruction of the pipeline and with the use of the Licensed Premises or other City property related to activities within the scope of this Permit. XXIII. Force Maieure: Homeland Security If either party is unable, either in whole or part, to fulfill its obligations under this Permit Access Permit and Workspace License Agreement for Mallard Cove Park Page 1 1 of 31 due to acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks, or other City -owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. XXIV. Headings The section headings contained herein are solely for convenience in reference and are not intended to define or limit the scope of any provision of this Penult. XXV. Choice of Law; Venue This Permit shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Peiuiit, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. XXVI. Governmental Powers It is understood and agreed that by execution of this Penuit, the City does not waive or surrender any of its governmental powers or immunities. XXVII. Authorization By executing this Penuit, Company's agent affirms that he or she is authorized by Company to execute this Permit and that all representations made herein with regard to Company identity, address and legal status (corporation, partnership, individual, etc.) are true and correct. XXVIII. Entirety of Agreement This instrument (including all attachments, schedules, and exhibits attached hereto) constitutes the entire understanding and agreement of the City and Company as to use of the Licensed Premises and the Park. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Permit. This Penult shall not be amended unless agreed to in writing by both parties. Access Permit and Workspace License Agreement for Mallard Cove Park Page 12 of 31 By executing this Permit, Company agrees to and accepts the terms, conditions and provision contained herein. WITNESS WHEREOF, the parties hereto have executed this Permit thi ic,21t day of � , 014 in Fort Worth, Tarrant County, Texas. TEXAS MIDSTREAM GAS SERVICES, LLC By: Name: Stephen J. son Title: General M. nager — Barnett / Permian CITY OF FORT WORTH aor, an Alanis ssistant City Manager Approved as to Form and Legality: er F. Wallach Assistant City Attorney ATTEST: yser City Secretary Contract Authorization No M&C Necessary OFFICIAL ECORD CITY SECRETARY vtWORTs T% Access Permit and Workspace License Agreement for Mallard Cove Park Page13of31 411 N ' la: ,Ze m \• t• • i• 1 ,A• 4 I, • gilt . - AA'' r- TRrppI-N 1T11 1!`, • - '• co r• M' ♦i : .: � `+ •-A - .` n CRYSTAL•L•AKE. 4. . •' r�� Tic ystal.Lake=- llllll„1111 ;IP ear r t 0,4 yr ' • •• 1 L —1 ',•.• it I-eeat •, sti b. ,... • rl • •1 f • . ave. • • ram 111.. . ▪ • • • • • 2• ', y`" i t4 k :ye t'li ` • j r' viper '• �nIth ' & III •. J. {ea .it .1•. ,,p• ;141' ' '• I • .e j I•' ,v! 1•1: tbd.; 1 ,.-0•-•4`* Jle•' • l� L•:lA•�:u- r1 ti 'es .1MGC rr1 .• ,p• la •IF a r•O AU I _MINIMMIll hip PIIIMINNEMP:Al I 1 . y t • 1 • f� r I/., r01, • Lot r ' • 4. re ir 1' • I 0a415; ;'I ;1 ' .• �•• •,Y ; liti • . 11,.•L ‘ ...i. : ptycyoi, II ' Yr :tril ,.. Li il f lil y ♦ P' • L r l • ' I`• 1 • • ' "L.. •• •.•.• %I ••L ` '. •11, .� ;.•'. 'a, 1• ••,' 11I.7 •jam • rep Se. 0 rfie 100 rRAPHI r;.>OA1 F IN FFFT P. WITT SURVEY .A-7656 ACC E S S ROA.C) 80210 SO.. FT_ OR 2048 ACRES cEE SHEETS 2��3OF3 r 0 7 7 1 • 1 1 1 1 1 EA III5IT B LICENSED PREMISES !-Y PLAT 2r-7T- 4 ne-•r ,J . rs ?�!i..J J 'Ai_ MASTERS SURVEY. A-' 049 LICENSE PREMISES EXHIBIT CSTYorr RTWOIRT!I A PORTION OF TR N1TY CANAL IN�US-RIAL PARK VOL_ 4865. 9L6• INS i RUMEN i #D204111643 TRACT 1 A.F-3r- OXIf.t=:TE S U F."=" LJF-1= W. MASTERS SURVEY I A-104B elver Joie 1 1L st I 1 • CONSTRUCTION ESTIMATE N I 7 V. PI4T 5 — P�IVTTADLC ?r.Es. DETAILS !�FE.4 :y' •'• C=- Y.: 3 - .` C St. FT :T. 2:'iS ^'+�l?-c- NOTES • aiFI TF: STA-Tr Pi I•. •. rT I cr.tr'F 'c:• -r�•=•--. -•: :�. int. ,• :-:1}ti• I:•/v.. , ..:•ll•�.. 11-'1 ▪ .-Tci�r• r��: r.=.-,7•..1= k.4-S. :.:C -L�. :.-*IT?A:T: f-c ' • 4 , =l • 1 i :4: %•.. ':`I -t. I 1 1 .? 11:i•. •• AtI I } ::1 tc; ▪ ZlT CZ I'i f•r.G Q- :1:71: -FIO : T:• C, 1=—'_ C ?I ZF::•=. O�,F C•s11 SISTF: I ?::t: A'. -• =.1 7.T-F2 _• -1 ITT :ata•.:10:4'. -_ r•T 1 -: .T : 'n.:. -:C. R:•.••• 1 - I :11-f•• r•• CR NIX 3 ail •%. :I.'i a; {a' : TkJE •E F. rSU-•.E'; ' TF'c a.v:£ 1r, E • EC- •_'J II•-•.h':•.• •.tII ',.il.•I 1•- '. 1►' 1 ^a: E Lr:f 5fl • :'" .ei•.., -.. 1•t :a taw-•.7 ::• 4 5 6 NNOM I i-"ING 09 71 Gce.C6 0071G81.12 697152C.69 IMMO S F •AMIN hi . ./ J. aaa •iaa i • • • 153 X150a TURN ARC u NC .AREA 22500 SO. FT. OR 0.516 ACRES SEE SI-EETS 2 .Z 3 CF 3 Easement area I'T s DIG ARE+. - 7500 SG. FT_ OR 0.172 ACRES �:=• I11•= -X•.. 17%.-.ts�:-•1 I t.:•1 1 :I LI. '1 L I •:r11 1-` c - 5. r-T: I s . LINE L1 L2 L3 L?` Nit - 1IE TABLE BEARING 1422G31 413' N5: 3 • 19' STE S80' 19':l7I'f • •s DI.T41\ Cs CO. 00' 15D.C.9.1 5.0.00' 15Q.CJY Licensed area for temporary workspace on parkland 1 ••-• : I <11 11 .CF:S MIAS) • • texas MIpSTRFAM O 1 S G z- 1 7.4 f..l•...•f (11' i•!I:!I' of y/'1:'J 157 TV Ll1tf..i•r2T.1CWD 2.1'-::Slate i S-l%-V! r 1 r/ - r.r.a Access Permit and Workspace License Agreement for Mallard Cove Park Page 15 of 31 50 0 t GRAPHIC SCALE IN FEET PLEASE REFER TO BAR SCALE. DRAWING MAY HAVE BEEN REDUCED OR ENLARGED. 50 100 P. WITT SURVEY A-1656 ACCESS ROAD 89210 SQ. FT. OR 2.048 ACRES SEE SHEETS 2&30F3 /- • 0 sots / 13 / / ,e / - / APPROXIMATE SURVEY LINE / ii CONSTRUCTION ESTIMATE TARRANT COUNTY, TEXAS W. MASTERS SURVEY, A-1048 APc P roperty line and entry point to the P ark CITY OF FORT WORTH RTION OF TRINITY CANAL INDUSTRIAL PARK VOL. 4868, PG. 945, INSTRUMENT #D204111643 TRACT 1 APPROXIMATE SURVEY LINE W. MASTERS SURVEY A-4 048 PNT 4 AREA DETAILS TOTAL AREA OF DIG 1 = 7500 SO. FT. OR 0.172 ACRES AREA OF ACCESS ROAD = 89210 SO FT. CR 2.048 ACRES AREA OF TURN AROUND = 22500 SO. FT. OR 0.516 ACRES PNT 7 PNT 5 • o c3 i a / PNT 6 150'X 150' TURN AROUND AREA 22500 SQ. FT. OR 0.516 ACRES SEE SHEETS 2 & 3 OF 3 i 50'x150' DIG AREA 1 7500 SQ. FT. OR 0.172 ACRES POINT TABLE POINT# NORTHING EASTING 2366882.62 2367020.00 2367040.07 2366902.69 4 6971566.68 5 6 7 6971626.91 6971581.12 6971520.89 anMI NOTES 1. DATUM BASED ON TEXAS STATE PLANE COORDINATES SYSTEM, NAD 83 (2011) NORTH CENTRAL ZONE, NAVD BB. ELEVATIONS MSL, DERIVED FROM CPS OBSERVATION. 2. EXISTING UTILITIES ARE SHOWN IN APPROXIMATE LOCATIONS GENERATED FROM PREVIOUS MAPS AND SURVEY. CONTRACTOR SHALL VERIFY EXACT LOCATION AND ELEVATION OF ALL EXISTING UTILITIES IN AREA OF WORK PRIOR TO CONSTRUCTION AND CALL TEXAS ONE CALL SYSTEM AT 1-800-245-4545 AND ALL OTHER UTILITY COMPANIES AT LEAST 2 WORKING DAYS (48 HOURS) PRIOR TO CONSTRUCTION. 3. 1HIS IS AN EASEMENT SURVEY AND DOES NOT REPRESENT A TRUE 'BOUNDARY SURVEY.' THIS SURVEY IS BASED ON INFORMATION PROVIDED BY j CUEN . .2845 SE LOOP 820 } FORT W,CRTH. TEXAS 76140 G 1 L— vv _1y OFF. (817) 551-5103 FAX (817) 551-9408 C-c. sc" 4&nice: GL uc. Lic REG. NUIJBER: 10021201 GSG 9: 14-0541 G X LEGEND OHP II DIG AREA ACCESS ROAD SITE EASEMENT SURVEY UNE EXISTING EASET.AENT FENCE UNE R.O.W./PROPERTY LINE OVERHEAD POWER EXISTING PIPELINE I PROJECT: DRAWN BY: ICHECKED BY: SEGMENT ID: I DATE: I SHEET: I SCALE: LINE TABLE LINE # L1 L2 L3 L4 BEVISIQN 1578 BT LKD 6-6-14 1 OF AS SHOWN I DwG. FILE: BEARING N23' 40' 23"VV N66' 19' 37"E S23` 40' 23"E S66° 19' 37"1/V Rev 8v DISTANCE 50.00' 150.00' 50.00' 150.00' Description Dp ACCESS RQr^ texc MIDSTREAM 0 A S $ R V 1 C E S CITY OF F&rn' WORTH LANDS 157 TO BBRENTIYOOD TARRANT COUNTY, TEXAS TX—TARR-157B—DIG 1 4atp0 Theckec rr+a_ IREV. 1 Access Permit and Workspace License Agreement for Mallard Cove Park Page 16 of 31 50 0 in MS GRAPHIC SCALE IN FEET PLEASE REFER TO BAR SCALE. DRAWING MAY HAVE BEEN REDUCED OR ENLARGED. 50 100 W.C. TRIMBLE SURVEY A-1521 PN PNT 33 - L31 PNT 32 --I L30 PNT 31 L29 PNT 30 -y L28 PNT 29 L27 --\ PNT 28 NT 217 L25- PN` 6 7 7 PNT 40 PNT 39 - 38 Q- L3 7 PNT 38 L36 PNT 37 3 NTL3436 1-\ PNT 35 L33 T 3 4 --� } w 1Z 3 Ia "L40 ' a PNT41 39 TARRANT COUNTY, TEXAS W. MASTERS SURVEY, A-1048 W. C. TRIMBLE SURVEY, A-1521 P. WITT SURVEY A-1656 CITY OF FORT WORTH D.R.T.C.T. PNT 4 L42 PNT 43 L41 PNT 42 i W. MASTERS SU A-1048 50'x150' DIG AREA 1 7500 SQ. FT. OR 0.172 ACRES SHEET 1 OF 3 APPROXIMATE SURVEY LI '•--L8L7 PNT 8 \/—TT PNT 1 PNT 9 - L10,A\le 1 PNT \ - L12r L32 11-�� I )' !IV L16 7P N T 19 -L18 PNT 20 L19 PNT 21 L20 PNT 22 - PNT 13 T PNT 14 L13 -L14 T 15 L15PNT 16 PNT 17 PNT 18 ACCESS ROAD 89210 SSQ. FT. OR 2.048 ACRES SEE SHEET 3 OF 3 FOR TABLES PNT 23 PNT CITY OF FORT WORTH VOL. 435,',4, PG. 104 D.R.T.C.- . 4 \24 RANLCL MILL HUAU -L24 25 R,RAY SURVEY A-wj290 CONSTRUCTION ESTIMATE AREA DETAILS TOTAL AREA OF CIG 1 = 7500 SQ. FT. CR 0.172 ACRES AREA OF ACCESS ROAD = 59210 50. FT. CR 2.048 ACRES AREA OF TURN AROUND = 22500 SO. FT. CR 0.516 ACRES NOTES 1 DATUM BASED ON TEXAS STATE PLANE COORmUATES SYSTEM NAD 83 (2011) NORTH CENTRAL ZONE. NAVD 88, ELEVATIONS MSL. DERIVED FRO'.1 GPS OBSERVATICN. 2. EXISTING UTIUI1ES ARE SHO'I\N IN APPROXIMATE LOCATIONS GENERATED FROM PREVIOUS MAPS AND SURVEY. CCNTRACT03 SHALL VERIFY EXACT LOCATION AND ELEVATION OF ALL EXISTING UTIU11ES IN AREA OF WORK PRIOR TO CONSTRUCTION ANO CALL TEXAS ONE CALL SYSTEM AT 1-800-245-4545 AND AU. OTHER UTIUTY COMPANIES AT LEAST 2 Y.'ORKING DAYS (48 P.OURS) PRIOR TO CONSTRUCTION. 3. THIS IS AN EASEMENT SURVEY At'D 00ES NOT REPRESENT A TRUE "BOUNDARY SURVEY... TH:3 SURVEY I5 BASED ON 1NFORVATTICCNN PPROlDDED BY TT/ 41r LU`820 LeYt,F(17 40O8is5175140 8 FAX (817) 551-94C9 C-nW .v-i :'ct•'ci Gtvp. II; EEG. NU11EEER: 10021201 G GSG M: 14-0541 1 1 CITY OFORT WORTH A PORTION OF TRINITY CANAL INDUSTRIAL PARK VOL. 4868, PG. 945, INSTR #D204111643 TRACT 1 1E O'X150' TUR 22500 SQ. FT. SEE SHEET 3 EE DIE-TeI N AROUND AREA _ OR 0.516 ACRES OF 3 FOR TABLES ELOW-- W. MASTERS SURVEY A-1048 DETAIL SCALE:1"=200' 150'X150' TURN AROUND AREA 22500 SQ. FT. OR 0.516 ACRES ta3`-PNT45 �1 PNT 44 �` \ ¢ f``\•-9 L46 PNT 47 PNT 46 APPROXIMATE SURVEY LINE J.M. ROBINSON SURVEY A-1337 LEGEND DC AREA — ACCESS ROAD SITE EASEMENT — SURVEY UNE EXISTING EASEMENT X FENCE UNE R.0_Yl./PRDPEE RTY UNE CHP OVERHEAD PO'\tR 1 1 EXISTING APEUUE PROJECT: DR AVIN BY: CHECKED BY: SEGMENT ID: DATE: SHEET: SCALE: REVISIONS No. Dote 1578 I BT1 LKD l 1 6-6-14 I 20P?1 AS SHOWN I DV'73. FILE: Rev Ev 1KD i E.GRANT SURVEY A-606 Description ADDPCCESS RDA" texts ;pecker. COS MIDSTREAM CAC SCRVICCS CITY OF FORT WORTH LANDS 157 TO BRENTWOOD TARRAhT COUNTY, TEXAS TX-T44RR-157B-DIG 1 I REV.1 Access Permit and Workspace License Agreement for Mallard Cove Park Page 17 of 31 ACCESS ROAD LINE TABLE LINE # BEARING 1 DISTANCE L5 S23° 40' 23"E 50.00' L6 S89' 47' 26W 61.57' L7 S68° 21' 44'W 72.72' L8 548' 23' 53'W 130.07' L9 S63' 06' 42"W 298.34' L10 S21 ° 44' 5T'VV 72.16' L11 S29' 04' 40"W 85.16' 112 S56°48132'W 155.94' L13 S33° 42' 52"W 78.37' L14 S24° 49' 10"VV 238.01' L15 S23° 18' 49"VV 120.89' L16 S33' 30' OZW 229.30' L17 S34' 30' 0TW 340.19' L18 S453 01' 35"W 49.85' L19 S34° 43' 11' W 7269' L20 S13° 41' 23"W 79.25' L21 S00' 15 02W 560.13' 177 S01 ° 34' S0''W 280.43' L23 S38° 23' 35"E 36.50' L24 S79' 52' 11'W I 68.43' TURN AROUND LINE TABLE LINE # BEARING 1 DISTANCE L43 L44 L45 L46 S66° 19' 37'W N23' 40' 23'W N66° 19' 3T'E S23° 40' 23"E 150.00' 150.00' 150.00' 150.00' CONSTRUCTION ESTIMATE "'REA DETAILS TOTAL AREA CF D.G 1 = 7500 SO. FT. OR 0.172 ACRES AREA OF ACCESS ROAD = 89210 50. FT. OR 2.048 ACRES P.F•EA OF TURN AROUND = 22500 S0. FT. OR 0.516 ACRES TARRANT COUNTY, TEXAS W. MASTERS SURVEY, A-1048 NOTES 1. DATUM BASED 0'J TEXAS STATE PLANE COORDINATES SYSTEM, X PAD 53 (2011) NORTH CENTRAL ZONE, 1JAVD 88, ELEVATIONS )4 SL, DERIVED FROM CPS O3SEYVAT10N. 2. EXISTING UTIUTES ARE SHOWN IN APPROXIMATE LOCATIONS GENERATED FROM PREVIOUS L'APS AJa SURVEY. CONTRACTOR SHALL VERIFY EXACT LOCATION A110 ELEVATION OF ALL EXISTING UT1LI11E5 CJ AREA OF WORK PRIOR TO CONSTRUCTION AND CALL TEXAS 011E CALL SYSTEM AT 1-800-245-4545 AND ALL OTHER UTILITY CO.',IPAIJ) S AT LEAST 2 i<1GP.KING DAYS (48 HOURS) PRIOR TO CONSTRUCTION. 3. THIS IS AN EASEMENT SURVEY AND DOES 1:0T REPRESEFJT A TRUE 'BOUNDARY SURVEY.' THIS SURVEY IS EASED ON I11=ORMAT1OIJ PROVIDED BY THE CUENT, 2E46 SE LOOP a20 r Ir `I + FORT WORTH, TEXAS 76140 >~1$ VVL)}� Crr. (877) S7-5708 eSCrcup, LC PFC.XI UBNEER 551-9-103 10021201 GSG u: 14-0541 ACCESS ROAD LINE TABLE LINE # 1 BEARING L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 141 L42 1 N18°05'56"E 1 NOD° 58' 24"E N31° 51' 02"E N44° 44' 13"E N33° 36' 54"E N36° 29' 59"E N30° 49' 02"E N23° 41' 05"E N24° 21' 22"E N34° 49' 15"E N57° 53' 09"E N55° 25' 5T E N27" 24' 12"E N15° 13' 13"E N63° 44' 14"E N48° 23' 53"E 1 1468° 21' 44"E )188° 43' 04"E DISTANCE 37.88' 889.04' 120.30' 65.94' 287.81' 153.13' 159.98' 129.25 184.6Z 83.99 96.39' 66.21' 65,89' 108.40' 270.6T 163.23' 72.72' 59.40' L41 - Entry point to the Park TURN AROUND POINT TABLE POINT # 44 45 46 47 NORTHING 6971672.70 6971732,93 6971595.55 6971535.33 LEGEND - D G AREA 4 iMaa OHP EASTING 2366999.92 2367137.30 2367197.53 2367060.15 ACCESS ROAD SITE EASEMENT SJRVEY LINE EXISTING EASOAETIT FENCE LINE R.O.W./PROPER TY UIJE OVERHEAD POWER EXISTING PIPELINE I PROJECT: DRAW?'i BY: I CHECKED BY: SEG'dEI4T ID: I DATE: I SHEET: I SCALE: REVISIONS No. Dote t rYao.1a 1578 BT LKD 6-6-14 3 of 3 AS SHOV,S'J DWG. FILE: PNT 9 -Entry point to the Park ACCES ROAD POINT TABLE POINT #J] NORTHING EASTING 7 ' 6971520.89 236690269 8 j 6971520.67 2366841.13 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 4 Rev By IK0 6971493.85 2366773.53 6971407.49 2366676.27 6971272.56 2366410.18 6971205.54 2366383.44 6971131.11 236634205 6971045.75 2366211.55 6970980.56 2366168.05 6970764.53 2366068.14 6970653.51 2366020.30 6970462.30 2365893.74 6970181.94 2365701.04 6970146.71 2365665.77 6970086.96 2365624.37 69700(19.97 2365605.62 6969449.84 2365603.17 6969169.51 2365595.44 6969140.90 2365618.10 6969128.87 2365550.74 6969164.87 2365562.51 6970053.79 2365577.61 6970155.97 2365641.09 6970202.81 2365687.50 6970442.49 2365846.84 6970565.59 2365937.92 6970702.98 2366019.88 6970821.34 2366071.80 6970989.54 2366147.94 6971058.49 2366195.90 6971109.73 2366277.54 6971147.30 236633206 6971205.80 236636239 6971310.39 2366390.85 6971430.16 2366633.58 6971538.54 2366755.64 6971565.35 2366823.23 6971566.68 2366882.62 Description ADD LCCFSR Rai❑ tex4s MIDSTREAM GAS SERVICES CITY OF FORT TIORTN LANDS 157 TO BRENTWOOD TARR-tire COUNTY; ?EV S TX-TARR-157B-DIG 1 neckec 1 009 Access Permit and Workspace License Agreement for Mallard Cove Park Page 18 of 31 • • r M C OF FORT 1!ORTH, TEXAS '� PARKS AND COMhMUNITY SERVICES DFPT . �_��►/`. � Rtlnl�. �J • i 3_�D . _- �....�.... • is • • .'mob d �• f •' — 1 , ■ -r If j -- I r rim.; 4 1 8" Matting of 11'lulch 6x6 Timber NI,itt,ng i•s,D 1 6' �• • ..... • •t4i . a • • "•I. • .+ • • . ;�^• . �4. .• •• .e r y •- •r ••. a L y �., :' �" r„+"r' fir+.+��+`•.rt ,".+�"f ►+Y',�i'�'.rt �~ a` ,� .� . • A.,I.. 1.1Milarr -.AMMO fir,,..—. + r. r'r ...,4 -11 „..,• ,..- ‘,„ ....... ,,, • N.T.S. 6 e D w DETAIL ".y" i el! YM 1 Y Tree protection fencing shall he orange mesh or chain lint: and installed at the edge of travel way TREE ROOT PROTECTION DETAIL SCALE: N.T.S. FILE NO. 000 RCS J 6 x 6 Timber Matting ...149,e)owLi 6 to 8 inches of mulch rr r ''t fr!�' •Ir_Mr•4 fi•t PARK13 AND t_GM 4 :) Trench is located at the cd a or drip line. Chain Link fence or wrapping trunk of the tree with : 'x4" studs as approved hy the City Forester i 4 �.. -V l' 1 TRENCH { M SCAM w4t'.r i N. T. ♦ . TRI.•E I RO�1 I:C I ION I RI_NCI-I DETAIL. t{Tt 000 Access Permit and Workspace License Agreement for Mallard Cove Park EXHIBIT D DAMAGE TO CITY TREES NO PRUNING OF ANY CITY TREE SHALL BE PERMITTED, UNLESS SPECIFIED OTHERWISE IN THESE SPECIFICATIONS. Severe damage to trees will result in replacement or compensation of trees by the COMPANY. Failure to replace damaged trees shall be considered a breach of contract and COMPANY shall be assessed for damages. Slight or moderate damage to trees will result in assessment of damages. ASSESSMENT OF DAMAGES TO TREES 1.1. Company will check trees in the Licensed Premises before contract work begins, any damage will be noted and reported to the Director. 1.2. The Director may conduct random checks of the trees during the License Period. 1.3. A check of all trees may be made at the end of the License Period. The City Forester, Director, and Company will attend the inspection. 1.4. Damages shall be documented by memo to the City Forester with copy to contract file and the Contractor. 1.5. Company may have the option of replacement or payment for severely damaged trees at a location to be designated by PACS. 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" diameter at breast height (DBH) and 2" per inch on trees 30" DBH or greater. Company shall be responsible for any planting watering, mulching and maintenance of replacement trees for a period of not less than 2 years. Company shall compensate the City at a rate of $200 per caliper inch for any tree that does not survive the 2 year establishment period. 1.6 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 A" 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 shall also include removal or lying down of protective tree fencing prior to the end of construction, storing equipment or supplies within the critical root zone (CRZ), or disposing of paint or concrete within the CRZ but not closer to the trunk than 50% radius of the CRZ. Slight damage to trees shall be assessed at a rate of $100.00 for each instance For each day that tree fencing is not properly placed, equipment or supplies are stored within CRZ, or fill is stored within the CRZ, shall be considered one instance. 1.7. 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, and examples include, but are not limited to, scaring of the trunk into the cambial layer greater than 2" but less than 1/3 of the trunk circumference or breaking of limbs more than 2" m diameter but less than Access Permit and Workspace License Agreement for Mallard Cove Park Page 21 of 31 1/3 trunk caliper. Moderate damage shall also include compaction of soil, grading or filling in 20% of the CRZ on one of four sides but outside the 50% radius of the CRZ or disposing of paint or concrete within 50% radius of the CRZ Moderate damages shall be calculated at a rate of %z the assessed value of the tree per each instance of damage. 1.8. Severe damage or removal of trees is subject to a penalty of $200 per diameter inch of trees removed or damaged for trees less than 30' DBH and $400 per diameter inch of trees 30" DBH or greater. Severe damage or removal shall include, but is not hmited to, scaring of the trunk to the cambial layer greater than 1/3 the trunk circumference, uprooting or causing a tree to lean, or damage to a scaffolding branch or branch greater than 1/3 of trunk caliper. Severe damage shall also include compaction of soil, grading or filling more than 20% of the CRZ, or within 50% radius of the CRZ or on more than one of 4 sides. Cutting 1/3 of the buttress roots within 3 times the distance of the DBH of the trunk, or cutting 4 roots 4" or greater in diameter within 4' of the trunk shall also be considered severe damage. 1.9. 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 capper shall be measured using DBH. Trees that must be removed due to damage caused by Company shall be removed by the Parks and Community Services Depailnient's Forestry Section Tree Removal Contractor at Company's expense. 1.10 All damages shall be paid to the City Tree Fund. Failure to replace or pay for damaged trees shall result in a breach of contract and Company will be automatically assessed damages. Damages as described herein shall be deducted from payments otherwise due to Company. 1.11 Remediation costs assessed hereunder constitute contractual damages intended to compensate the City as property owner, and have no bearing on whether or to what extent any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance. Access Pennit and Workspace License Agreement for Mallard Cove Park Page 22 of 31 EXHIBIT E SECTION 02930 - SEEDING PART 1 - GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. Standardized Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller 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. Confoini to Texas fertilizer law 1.04 JOB CONDITIONS Access Permit and Workspace License Agreement for Mallard Cove Park Page 23 of 31 A. Planting Season• The season varies according to species (see Part 2 - Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. B. Schedule After All Other Construction and planting is complete. C. Protect and Maintain Seeded Areas 1 From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The contractor who plants the seeds whether the general contractor or a subcontractor, is responsible for daily supervision of his crew, and for the planting and maintaining of seedlings until acceptable, viable growth is achieved and the project accepted by the City. PART 2 - PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed (PLS = purity x germination) per acre. Substitution of individual seed types due to lack of availability shall be made only by the City at the time of planting. The Contractor shall notify the City, prior to bidding, of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Any adjustment of area location by the City shall be considered incidental and shall not entitle the Contractor to additional compensation. Weed seed shall not exceed ten percent (10%) by weight of the total of pure live seed (PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean, dry and harvested within one year of planting. 1. Non-native grass seed shall consist of: If planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name Purity Germination 25 Bermuda (unhulled) Cynodon dactylon 85% 90% 75 Bermuda (hulled) Cynodon dactylon 95% 90% Access Permit and Workspace License Agreement for Mallard Cove Park Page 24 of 31 Substitute the following if planted between September 10 and April 15: 220 Rye Grass Loiizii71 171llltlflor1u171 82% 40 Bermuda (unhulled) Cynodon dactylon 84% 80% 85% 2 Native tzrass seed - The seed shall be planted between February 1 and October 1 and shall consist of: Lbs. PLS/Acre 1.6 5.5 3.7 17.0 1.8 0.5 6.0 8.0 1.2 1.8 10.0 Common Name Green Sprangletop Sideoats Grama* Little Bluestem* Buffalograss Indian Grass* Sand Lovegrass* Big Bluestem Eastern Grama Blue Grama Switchgrass Prairie Wildrye* Botanical Name Leptochloa dubia Bouteloua curtipendula Schizachyrium scoparium Buchloe dactyloides Sorghastrum nutans Eragrostis trichodes Andropogon gerardii Tripscaculn dactyloides Bouteloua gracilis Panicum virgatuln Elymus canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three (3) feet of a walkway. 3 Wildflower seed - All wildflower seeds are to be hand broadcast, (see 3.02,A). The seed shall be planted between March 5 and May 31 or between September 1 and December 1 and shall consist of: Lbs. PLS/Acre 3.0 5.0 2.0 3.0 13.4 13.6 2.0 8.0 8.0 2.0 18.0 2.0 3.0 2.0 8.0 Common Name Bush Sunflower Butterfly Weed Clasping Coneflower* Golden - Wave Illinois Bundleflower Partridge Pea Prairie Verbena Texas Yellow Star Winecup Black-eyed Susan Cutleaf Daisy Obedient Plant Pitcher Sage Plains Coreopsis Scarlet Sage Botanical Name Sinsia calva Asclepias tuberosa Rudbeckia alnplexicaulis Coreopsis basalis Deslnanthus illinoensis Cassia fasciculata Verbena bipinnati lda Lindheimeri texana Callirhoe involcrata Rudbeckia hirta Engelmannia pinnati ida Physostegia interrnedia Salvia azurea Coreopsis tinctoria Salvia coccinea *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. Access Pen -nit and Workspace License Agreement for Mallard Cove Park Page 25 of 31 4. Temporary erosion control seed When specified on the plans, temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in this section. B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper -by-products (waste products from paper mills or recycled newspaper) 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten percent (10%) moisture, air dry weight basis. 5. Additives shall include a binder in powder four. 6. Material shall form a strong moisture retaining mat C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas - 100 pounds of Nitrogen per acre. c. Where applying fertilizer on established seeding areas - 150 pounds of Nitrogen per acre. D. 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. PART 3 - EXECUTION 3.01 SEEDED PREPARATION Access Permit and Workspace License Agreement for Mallard Cove Park Page 26 of 31 A. Clear Surface of All Materials, Such As: 1. Stumps, stones, and other objects larger than one inch. 2. Roots, brush wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling 1. In all compacted areas till one inch (1") deep. 2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half (1/2") inch inside 'drip line" of trees. C. Water: Shall be furnished by the Contractor as an ancillary cost to the Contract by the Contractor by means of temporary metering / irrigation, water truck or by any other method necessary to achieve viable, acceptable stand of turf as noted in 3.04.B. of this specification. The water source shall be clean and free of industrial wastes or other substances handful to the germination of the seed or to the growth of the vegetation The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch (1/2") per week should be applied until such time 100% full growth coverage is achieved and one mowing cycle is performed by the Contractor and accepted by the Owner. Watering: Soil should be watered to a minimum depth of four inches within forty eight (48) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. 3. Never cover seed with more soil than twice its diameter 4. For wildflower plantings, scalp existing grasses to one (1") inch, remove grass clippings, so seed can make contact with the soil. B. Mechanically Seeding (Drilling): If mechanically seeding (drilling) the seed or seed mixture, the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All varieties of seed, as well as fertilizer, may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter inch to three eighth inch (1/4"- 3/8') utilizing a pasture or rangeland type drill. All drilling is to be on the contour. After planting, the area shall be rolled with a roller integral to the seed drill or a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. 3.03 MULCHING Access Permit and Workspace License Agreement for Mallard Cove Park Page 27 of 31 A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils flat surfaces - minimum 1,500 lbs /acre. 2. Sandy soils sloping surfaces - minimum 1 800 lbs./acre. 3. Clay soils flat surfaces - minimum 2,500 lbs /acre. 4. Clay soils sloping surfaces - minimum 3,000 lbs./acre. 5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious. C. Apply within thirty (30) minutes after placement in equipment. Keep mulch moist, by daily water application, if necessary: 1. For approximately twenty-one (21) days, or 2. Until seeds have germinated and have rooted in soil, (see 3.04.B.2.) and project has been accepted by the City. 3.04 ESTABLISHMENT, MAINTENANCE AND ACCEPTANCE A. Includes initial seed and / or sod application and establishment, protection, replanting as necessary , maintaining grades and immediate repair of erosion damage until the project receives final acceptance. Refer to Part 2 — 2.01 — D. for watering requirements to be executed by the contractor. B. Initial full coverage turf establishment shall be considered as 100% grow in to a height of three (3 ') inches with one mow cycle performed by the Contractor on all newly established areas prior to consideration of acceptance by the Owner.. C. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A "stand ' shall be defined as: a. Bermuda/Rye grasses: See 3.04 B b. Native grass and wildflowers: eighty percent (80%) coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION Access Permit and Workspace License Agreement for Mallard Cove Park Page 28 of 31 SECTION 02930 - TURF SODDING PART 1-GENERAL 1.01 DESCRIPTION A. Work Included: This work includes all labor, materials and equipment for soil preparation, fertilization, planting and other requirements regarding turfgrass sodding shown on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller 1.03 SUBMITTALS Samples certificates and specifications of sod, fertilizer, compost, soil amendments or other materials may be requested by the City. All delivery receipts and copies of invoices for materials used for this work shall be subject to verification by the City. 1.04 PRODUCT DELIVERY; STORAGE AND HANDLING • A. • Sod: Harvesting and planting operations shall be coordinated with not more than forty eight hours elapsing between the harvesting and planting. Fertilizer 1. Unopened bags labeled with the analysis. 2. Conform to Texas Fertilizer Law. 1.05 QUALITY CONTROL The Developer/Contractor who plants the sod is responsible for supervision of his crew, while planting the sod and maintaining the sod until the project is accepted by the City. TURF SODDING 02930 - - Access Permit and Workspace License Agreement for Mallard Cove Park Page 29 of 31 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 Iaid 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 WA I'ER 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 conditions Use "New Life Acid Gro" (acid pH) soil conditioner as produced by Soil Building Systems of Dallas or an approved equal. B. For soil with an acidic pH condition: Use "Perma Green Compost" by Texas Earth Resources, Inc. of Dallas, or "New Life Natural Grower" (ph 8.0 to 9.0) by Soil Building Systems, Inc., of Dallas. Sample and Specification Submittal: Submit a producer's specification and a quart sample of the compost proposed for the City's approval. TURF SODDING 02930 -2- Access Permit and Workspace License Agreement for Mallard Cove Park Page 30 of 31 PART 3-EXECUTION 3.01 GENERAL All turfing operations are to be executed across the slope, parallel to finished grade contours. 3.02 SOIL PREPARATION A. Scarify subgrade to a depth of three inches before depositing the required topsoil. B. Tillage shall be accomplished to loosen the topsoil, destroy existing vegetation and prepare an acceptable sod bed All areas shall be tilled with a heavy duty disc or a chisel - type breaking plow, chisels set not more than ten inches apart. Initial tillage shall be done in a crossing pattern for double coverage, then followed by a disc harrow. Depth of tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted with sod. C. Cleaning: Soil shall be further prepared by the removal of debris, building materials, rubbish, weeds and stones larger than one inch in diameter. D Fine Grading: After tillage and cleaning, all areas to be planted shall be topdressed with one-half inch compost and then shall be leveled, fine graded, and drug with a weighted spike harrow or float drag The required result shall be the elimmation of ruts, depressions, humps and objectionable soil clods This shall be the final soil preparation step to be completed before planting. 3.03 PLANTING Prior to laying the sod, the planting bed shall be raked smooth to true grade and moistened to a depth of four inches, but not to the extent causing puddling. The sod shall be laid smoothly, tightly butted edge to edge, and with staggered joints. The sod shall be pressed firmly into the sod bed by rolling or by hand tamping with an approved tamper so as to eliminate all air pockets, provide a true and even surface, and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas Following compaction, compost shall be used to fill all cracks between sods. Excess compost shall be worked into the grass with suitable equipment and shall be well watered The quantity of compost shall be such that it will cause no smothering or burning of the grass. 3.04 FERTILIZING Twenty-one days after planting, turfgrass areas shall receive an application of 3-1-2 fertilizer at the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning. END OF SECTION TURF SODDING 02930 3- Access Permit and Workspace License Agreement for Mallard Cove Park Page 31 of 31