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HomeMy WebLinkAboutContract 42950._ _� � �� TEMPORARY ACCESS PERMIT AND WORKSPACE LICENSE AGREEMENT FOR HIGHLAND HILLS PARK This Temporary Access Permit and Workspace License Agreement for Highland Hills Park ("Permit") is made and entered into by and between the City of Fort Worth (hereinaftei• referred to as "City"), a home-rule municipal corporation organized under the laws of the State of Texas, acting by and tlu•ough its duly authorized Assistant City Manager, and Barnett Gathering, LP (hereinafter referred to as "Company"), a Texas limited partnership, acting by and through its duly authorized Attorney-in-Fact. The following statements are true and correct and constitute the basis upon which the City has executed the Permit: A. The City owns a certain piece of property lcnown as Highland Hills Parlc (the "Parlc"), 1600 Glasgow Road, Fort Worth, Texas 76134, more particularly described as Lot 1, Block 23 of the Highland Hills Addition to the City of Fort Worth and Tract 4 of the Mitchell Garrison Survey A-598, and being that certain 28.659 acre tract of land described in deed to City of Fort Worth as recorded in Volume 4558, Page 223 of the Deed Records of Tarrant County. B. Company wishes to use a certain designated portion of the Parlc for temporary workspace and ingress and egress access in connection with the installation of a gas pipeline beneath abutting property. C. The City has reviewed Company's request and agrees to grant Company use of the designated portion of the Parlc in accordance with the terms and conditions of this Permit. Agreement I. Term The term of this Permit shall consist of one (1) license period of ninety (90) consecutive calendar days ("License Period"). The License Period shall commence on the tenth business day following the date on which this Permit is executed by the City ("Cominencement Date") and shall end at 11:59 P.M, on the sixtieth day following the Commencement Date ("Expiration Date"). Except as otherwise provided in Section XIV, no use of or access to the Park or the Licensed Premises shall be allowed outside of the designated License Period. Company's rights in the Licensed Premises hereunder shall be strictly limited and shall fully and absolutely terminate and be of no further force and effect at the conclusion of the License Period except as otherwise provided in Section XIV. Except as otherwise provided in Section XIV, after the License Period ends, all rights of the Company in and to the Licensed Premises shall, automatically and without the need for any further documentation, fully and unconditionally terminate, whereupon the Company shall have no right of entiy or use of the Licensed Premises whatsoever. OFFICIAL RECORD CITY SECRETARY Access Permit and Workspace License Agreement for Highland Hills Park F7. WORTF�y 7'XPa�e 1 ot'2s II. Consideration; Liquidated Damages for Holdover On or prior to the Effective Date, Barnett Gathering, LP shall pay the City as compensation for its use of Highland Hilis Park for the Term of this Agreement the sum of Twenty Thousand Eight Hundred Eighty Eight Dollars ($20,888) ("License Fee"). Barnett Gathering, LP hereby acknowledges and agrees that the amount of this License Fee constitutes just and reasonable compensation to the City for the Company's use of Highland Hills Park. In addition, to ensure Company's diligence in complying with this Permit and to minimize impact to the Park, if the Company fails to vacate the Licensed Premises on or before the Expiration Date, the Company agrees to pay the City, as the City's sole and exclusive remedy for the Company's failure to vacate the Licensed Premises prior to the Expiration Date, liquidated damages of Six Hundred Ninety Six Dollars and Twenty- Seven Cents ($696.27) per day for each day beyond the Expiration Date that the Company continues to occupy the Licensed Premises. This amount is the equivalent of a monthly rental rate of approximately one dollar per square foot, which the parties agree reasonably approximates the actual damages to the City for delay in regaining full and unencumbered use of the property. III. Licensed Premises Subject to the terms and conditions set forth in this Permit and the City Charter and ordinances, for and in consideration of the consideration to be provided hereunder and the other covenants and promises expressed herein, the City does hereby agree to license to the Company during the License Period the use of the following tract of land (the "Licensed Premises") located in Highland Hills Parlc (the "Park"), 1600 Glasgow Road, Fort Worth, Texas 76134: Being a 20,888 square foot tract of land situated in the Mitchell Garrison Land Survey, Abstract No. 598, Tarrant County, Texas and being a portion of that certain 28.659 acre tract of land described in deed to City of Fort Worth as recorded in Volume 4558, Page 223 of the Deed Records of Tarrant County, Texas. Said 20,888 square foot tract being more particularly described by metes and bounds as follows: BEGINNING in the easterly line of said 28.659 acre tract, common with the westerly line of Union Pacific Railroad, a variable width right of way, said point bears S 28°23'47" E, a distance of 1263.45 feet from a 60D Nail, found marking the northeast corner of said 28.659 acre tract; THENCE continuing with said easterly line, S 28°23'47" E, a distance of 188.55 feet to the southeast corner of said 28.659 acre tract, common with the northeast corner of that certain 203.86 acre tract of land described in deed to Amon G. Carter, Jr. Estate, Et Al. as recorded in Volume 11676, Page 10 of the Deed Records of Tarrant County, Texas; Access Permit and Workspace License Agreement for Highland Hills Park Page 2 of 28 THENCE with the south line of said 28.659 acre tract, common with the north line of said 203.86 acre tract, S 89°21'22" W, a distance of 157.74 feet to a point; THENCE severing, over and across said 28.659 acre tract as follows: N 37°00'38" W, a distance of 96.06 feet to a point; N 58°30'04" E, a distance of 32.57 feet to a point; N 23°42'S5" E, a distance of 15.36 feet to a point; N 56°56' 12" E, a distance of 109.70 feet to the POINT OF BEGINNING, and containing 20,888 square feet of land, more or less. Bearings are based on the Texas State Plane Coordinate System, NAD 83 (CORS), North Central Zone, derived from GPS observations. The location of the Licensed Premises is shown on Exhibit A, which is attached hereto and incorporated herein for all purposes as though it were set forth at length. IV. Accentance of Licensed Premises The Company talces all portions of the Licensed Premises and all appurtenances in "AS IS" condition without any express or implied warranty on the part of the City. The Company accepts the Licensed Premises in their present condition, finds them suitable for the purposes intended, and further acknowledges that Company is thoroughly familiar with such condition by reason of personal inspection and does not rely on any representations by the City as to the condition of the Licensed Premises or their suitability for the purposes intended. The Company accepts the Licensed Premises subject to any and all previously recorded easements that may have been granted on, along, over, under, or across said property, and releases the City from any and all damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees, or trespassers by reason of the exercise of such rights or privileges granted in said easements. The Company's taking possession of the Licensed Premises shall be conclusive evidence that: (a) the Licensed Premises are suitable for the purposes and uses for which same are licensed; and (b) the Company waives any and all defects in and to the Licensed Premises and all the appurtenances thereto. The Citv shall not be liable to the Comnanv, its agents, emplovees, contractors, subcontractors, invitees, licensees, or guests for any dama�e to anv person or propertv due to the acts or omissions of the Companv, its a�ents, employees, contractors, or subcontractors, unless such damage is caused bv the �ross negli�ence or willful misconduct of Citv or its agents, emnlovees, separate contractors, or subcontractors. V. Use Not Exclusive This Permit and all rights granted to Company herein are strictly non-exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and other authorizations for use of the Park and the Licensed Premises to other persons and entities Access Permit and Workspace License Agreement for Highland Hills Park Page 3 of 28 as the City deems appropriate in accordance with applicable law; provided, however, that in granting subsequent authorization for use, the City will not allow a use that will unreasonably interfere with the Company's use of the Licensed Premises as provided herein. This Permit does not establish any priority for the use of the Park or the Licensed Premises by the Company or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Park or the Licensed Premises, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. VI. Limitations on Use 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 use of the Licensed Premises. The pre-construction meeting shall be for purposes of outlining Company's plans and schedules regarding: (i) minimizing impact on vegetation and on the Parlc in general, and (ii) restoration of all affected parkland and amenities. All Company equipment and materials shall be placed and maintained solely within the confines of the Licensed Premises. Company understands and acknowledges that access to the Licensed Premises shall be accomplished fi�om Company's property located to the southeastern portion of the Park. Use of any portion of the Park outside of the Licensed Premises shall not be permitted. VII. Public Safetv Company shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with Company's use of the Licensed Premises and the Park. At a minimum, Company shall: (i) maintain the existing fencing along the boundary line between the Park and that certain 203.86 acre tract of land described in deed to Amon G. Carter, Jr. Estate, Et Al. as recorded in Volume 11676, Page 10 of the Deed Records of Tarrant County, Texas (the "Carter Property"); and (ii) following consultation with the City and the owner(s) of the Carter Property, erect a controlled-access entry at a location mutually agreeable to all three parties with such entry being in the form of a gate, chain link fence, or similar structure and with a purpose of ensuring that unauthorized individuals cannot enter the Park. Following installation of the controlled-access entry, the Company shall contact the Parks and Community Services Department to inspect for proper installation. The controlled-access entry shall be kept locked when not in use. At no time shall any fenced area be left open unless staffed by security personnel. In addition, Company shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. Company shall also take all reasonably necessary precautions and shall provide all reasonably necessary protection to prevent damage, injury, or loss to (a) all persons accessing portions of the Licensed Premises on which any construction is being performed by or on behalf of the Company; (b) all work performed on or from the Licensed Premises and all materials and equipment to be Access Permit and Workspace License Agreement for Highland Hills Park Page 4 of 28 incorporated therein that are under the care, custody, or control of the Company, or the Company's employees, agents, contractors, or subcontractors, regardless of whether such material and equipment is stored on or off the Licensed Premises; and (c) other property on or adjacent to the Licensed Premises. The Company shall be required to apply for all necessary permits. Staff from the Gas Well Division of the Planning and Development Department and from the Parks and Community Services Department shall be entitled to inspect the work during and after the installation process. VIII. Protection of the Environment The City has no knowledge of any Hazardous Materials on, under, over, or about the Park or the Licensed Premises as of the execution date of this Permit and hereby represents and warrants that it shall not knowingly, nor permit any third party to, use, handle, or store any Hazardous Materials on, under, over, or about Park or the Licensed Premises in violation of any applicable laws. Company shall not handle or store any Hazardous Materials on the Premises or the Park, except that the Company may, in compliance with applicable environmental laws, use and store Hazardous Materials in such amounts and types that are commonly used in connection with pipeline installation 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 terms are defined under applicable environmental laws. For purposes of this Permit, "Hazardous Materials" shall mean potentially dangerous hazardous wastes, toxic substances, or related materials, including, but not limited to, pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or other fuels (including crude oil or any fraction or derivative thereo�; underground storage tanks, and substances considered hazardous, toxic, or the equivalent pursuant to applicable laws. Any Hazardous Materials used by the Company on the Licensed Premises shall be posted on site and a list shall be given to City. Company shall take commercially reasonable steps to avoid creating or aggravating any condition at the Park or the Licensed Premises that could present a threat to human health or to the environment. IX. Documentin� Condition of Licensed Premises Company must provide the Parks and Community Seivices Department with videographic documentation of the condition of the Licensed Premises, including underground utilities, as they exist both before and after installation of the pipeline. All such video must include a visible date and time stamp indicating when the videography occurred. Company must submit documentation of the pre-installation condition at least five (5) business days prior to the date on which the License Period will commence under Section I of this Permit. Post-installation documentation must be submitted no later than five (5) business days after the last day of the License Period. Parks and Community Services Department staff will distribute copies of the documentation to all appropriate City personnel to determine whether any damage has been done to the Access Permit and Workspace License Agreement for Highland Hills Park Page 5 of 28 x Licensed Premises. X. Minimizin� Imnact to Ve�etation Company shall not cut or remove any trees on the Licensed Premises. To minimize damage during construction, the Company shall install orange mesh fencing on the outside drip line of trees and other vegetation specifically identified by the Parks and Community Services Department at a pre-construction meeting. Company shall notify this department once the tree and vegetation protection measures have been installed and allow the department an opportunity to inspect the work before construction begins. The City shall have at least two business days following the date on which notice is received to conduct its inspection. The Company may begin construction on or after the third business day following the date on which it provided notice to the City unless the City contacts the Company and identifies specific issues that render the tree and vegetation protection measures unacceptable. If any tree within the Park is damaged in connection with Company's operations, Company agrees to undertake remediation efforts, including paying of remediation costs, in accordance with Exhibit B. XI. Minimizing Impact to Utilities If the Company encounters any utility infrastructure (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, or gas lines) in the course of its use of the Licensed Premises or installation of the pipeline beneath the abutting land, the Company covenants and agrees to cease construction operations and install protective matting over or around such utilities in compliance with approved by the Parks and Community Services Department and appropriate utility personnel. Following installation of the matting, Company shall contact the Parks and Community Services Department to arrange for inspection and approval by appropriate personnel. The Company shall provide the Parks and Community Services Department with a copy of the City's inspection report within twenty-four (24) hours of receiving the report and prior to resuming construction in the Park. The Company may resume construction on the next day after the date on which it provides the inspection report and specifications to the Parks and Community Services Department unless that department contacts the Company and identifies specific issues that must be addressed. XII. Restoration of Imurovements To the extent any property, fence, or other improvement is destroyed, removed, or altered in connection with the Company's activities under this Permit, the Company shall, prior to the Expiration Date, reconstruct and restore such improvement in a good and workmanlilce manner to a condition that is equal to or better than the one in which such improvement existed as of the date this Permit is fully executed, as evidenced by the pre- installation video required under Section IX of this Permit. Access Permit and Workspace License Agreement for Highland Hills Park Page 6 of 28 XIII. Restoration of Surface and Subsurface of Licensed Premises To the extent any portion of the surface of the Licensed Premises or of the Park is damaged or disturbed in connection with Company's activities under this Permit, the Company shall, prior to the Expiration Date, ensure any surface area is promptly restored to the level of the surrounding ground. Company shall ensure any fill dirt is compacted to a minimum 90% compression ratio and in accordance with all applicable laws. Company shall provide the City with a report or other written documentation acceptable to the Parks and Community Services Department to demonstrate that compaction was performed in accordance with this section. In performing earthwork in the Park or Licensed Premises, the Company shall adhere to the policies outlined in Exhibit C, which is attached to this Permit and incorporated herein for all purposes as though it were set forth at length.( See attached earth work exhibit) In addition, Company shall, prior to the Expiration Date, restore the surface of the Licensed Premises by: (i) establishing replacement turf of Common Bermuda grass in accordance with the specifications outlined in the attached Exhibit C and using reseeding, sodding, or other method approved by the Parks and Community Services Department; and (ii) watering these areas as needed until the replacement vegetation is reasonably established and has been approved and accepted by the Parks and Community Services Department. Prior to planting, Company shall provide the Parks and Community Services Department with documentation certifying the type and quality of the materials to be planted. The Parks and Community Services Department may, in exercise of reasonable discretion, reject any plant material that does not meet the requirements of this section or Exhibit C or is otherwise unacceptable for one or more specific, clearly identified reasons. XIV. Discretionary Limited Access to Care for and Establish Ve�etation Company may request limited access to the Licensed Premises to water, care for, and establish replacement vegetation required under Section XIII ("Limited Access"). A request for Limited Access must be made in writing and delivered to the Parks and Community Services Department at least two weeks prior to the Expiration Date. Replacement vegetation or seed must be in place at the time the request is made. The Parks and Community Services Department may, in its reasonable discretion, authorize Limited Access for a period not to exceed two weeks from the Expiration Date. During the Limited Access period, no Company materials or equipment may remain on the Licensed Premises with the exception of 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 constitute holdover or a delay in restoration for purposes of Section I or Section XV. XV. Delav in Restoration To ensure Company's diligence in complying with this Permit and to minimize impact to the Park and except as otherwise provided in Section XIV, if the Company fails to complete all required restoration on or before the Expiration Date, the Company agrees to pay the City liquidated damages of Six Hundred Ninety Six Dollars and Twenty-Seven Cents ($696.27) per day for each day beyond the Expiration Date that restoration remains Access Permit and Workspace License Agreement for Highland Hills Park Page 7 of 28 incomplete. This amount is the equivalent of a monthly rental rate of approximately one dollar per square foot, which the parties agree reasonably approximates the actual damages to the City for delay in regaining full and unencumbered use of the property. XVI. Removal of Excavated Materials No drilling mud spoils or excavated or excess material may be stored on the Licensed Premises. XVII. Liabilitv; Indemnification. Company agrees to pay City for all damages suffered or incurred by City, either directly or indirectly, as a result of any operations on or from the Licensed Premises conducted for or by Company, its agents, employees or representatives, including all damage or injury to standing or fallen timber, buildings, fences, equipment, and all other property, whether real or personal. Company covenants and agrees to and does hereby indemnify, hold harmless, and defend, at its own expense, City, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the acts or omissions of the Company, its officers, agents, employees, subcontractors, invitees, licensees, and trespassers. Company likewise covenants and agrees to, and does hereby, indemnify and hold harmless City from and against any and all injuries, damage, loss, or destruction to property of City during the performance of any of the terms and conditions of this Permit. However, the indemnity provided for in this paragraph shall not extend to any liability resulting from the sole negligence of the City or its officers, agents, employees, or separate contractors, and, in the event of joint and concurrent negligence of both the Company and the City, responsibility and liability, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas. Nothing herein shall be construed as a waiver of the City's governmental immunity as further provided by the laws of the State of Texas. Company covenants and agrees that City shall no way or under any circumstances be responsible for any property belonging to Company, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers that may be stolen, destroyed, or in any way damaged, and Company hereby indemnifies and holds harmless City from any and all such claims. City does not guarantee police protection and will not be liable for any loss or damage sustained by Company, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the Premises. Company agrees that City shall not be liable for any loss, injury, or damage whatsoever suffered or incurred by Company or Company's agents, employees or representatives while on the Licensed Premises, unless caused by the City's willful or gross negligence. XVIII. INSURANCE Access Permit and Workspace License Agreement for Highland Hills Park �.:- : . Dutv to Acquire and Maintain Company shall ensure that a policy or policies of insurance are procured maintained at all times, in full force and effect, to provide coverage of the types amounts specified herein naming the City as an additional insured and covering � and all , public risks related to the use, occupancy, condition, maintenance, existence, or location of the Park and the construction, installation, operation, maintenance, repair, reconstruction, or condition of the pipeline. The insurance required hereunder may be met by a combination of self-insurance and primary and excess policies. Types and Amounts of Covera�e Required Commercial General Liabilitv: $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for the following: (i) Premises Liability; (ii) independent contractors; (iii) products/completed operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse, and underground property damage Propertv Damage Liability: $1,000,000.00 per occurrence Umbrella Policy $5,000,000.00 Environmental Impairment Liabilitv (EIL) &/or Pollution Liability $2,000,000 $5,000,000 per occurrence aggregate Automobile Liability: $1,000,000.00 per accident, including, but not limited to, all owned, leased, hired, or non-owned motor vehicles used in conjunction with the rights granted under this Permit Worker's Compensation: As required by law Emplover's Liability: $1,000,000.00 per accident Access Permit and Workspace License Agreement for Highland Hills Park r_•� : Revisions to Required Coverage At the reasonable recommendation of the City's Risk Manager, the City may at any time revise insurance coverage requirements and limits required by this Permit. Company agrees that within thirty (30) days of receipt of written notice from the City, all such revisions requested by the City will be implemented. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, terminatiori, non-renewal, or amendment, shall be made without thirty (30) days' prior written notice to the City. Underwriters and Certificates Company shall ensure that insurance is procured and maintained with underwriters who are authorized to do business in the State of Texas and who are reasonably acceptable to the City in terms of solvency and financial strength. Within ten (10) business days following execution of this Permit, Company shall ensure that City is furnished with certificates of insurance signed by the respective companies as proof that the types and amounts of insurance coverage required herein have been obtained. In addition, Company shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. Deductibles Deductible or self-insured retention limits on any line of coverage required herein shall not exceed $500,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. No Limitation of Liability The insurance requirements set forth in this section and any recovery by the City of any sum by reason of any insurance policy required under this Permit shall in no way be construed or affected to limit or in any way affect Company's liability to the City or other persons as provided by this Permit or law. XIX. Prohibition A�ainst Liens The Company shall not do any act or malce 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, the Company shall, at its sole expense, liquidate and discharge same within ten (10) business days after notice from the City to do so XX. 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 Access Permit and Workspace License Agreement for Highland Hills Park Page ] 0 of 28 below or to such other address as one party may from time to time notify the other in writing. To THE CITY: Director Parks and Community Services City of Fort Worth 4200 South Freeway, Ste 2200 Fort Worth, Texas 76115 With a copy to: Department of Law City of Fort Worth Attn: Denis C. McElroy 1000 Throckmorton Fort Worth; Texas 76102 XXI. Independent Contractor To COMPANY: Barnett Gathering, LP Attn: Edwin S. Ryan, Jr. 810 Houston Street Fort Worth, TX 76102 With a copy to: It is expressly understood and agreed that Company shall operate as independent entity in each and every respect hereunder and not as an agent, representative, or employee of the City. Company shall have the exclusive control and the exclusive right to control all details and day-to-day operations and activities relative to operation of the Company and installation of the pipeline and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Company acknowledges that the doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees. Nothing contained in this Permit shall be construed as the creation of a partnership or joint enterprise between the City and Company. XXII. Prohibition A�ainst Assi�nment The Company may not sell, assign, or otherwise transfer any of its rights or obligations under this Permit without the prior, written consent of the City. Any such attempted assignment without the City's consent shall be void. XXIII. Compliance with Laws and Re�ulations In operating under this Permit, Comp; state, and local laws, regulations, and provisions, and rules, regulations, an� Compliance, Transportation and Public �ny agrees to comply with all applicable federal, �rdinances, including all City ordinances, charter t requirements of the City's Police, Fire, Code Worlcs, and Health Departments. Company will not knowingly do or suffer to be done anything on said Licensed Premises during the terms of this Permit in violation of the laws, statutes, ordinances, rules, regulations, charter provisions, directives or requirements referenced in this Permit. If the City calls the attention of Company to any such violation on the part of said Company Access Permit and Workspace License Agreement for Highland Hills Park Page 11 of 28 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. XXIV. Taxes The Company acknowledges and agrees that it shall be solely responsible for paying all taxes assessed or imposed by any governmental entity in connection with the construction, installation, operation, maintenance, repair, or reconstruction of the pipeline and with the use of the Licensed Premises or other City property related to activities within the scope of this Permit. XXV. Third Parties Nothing in this Permit shall be construed in any manner to create a cause of action for the benefit of any person not a party to this Permit, or to create any rights not otherwise existing at law for the benefit of any person not a party to this Permit. Nothing in this Permit shall be deemed to constitute a waiver of any immunity or affirmative defense that may be asserted by Company or the City as to any claim of any third party. XXVI. Force Maieure; Homeland Securitv If either party is unable, either in whole or part, to fulfill its obligations under this Permit due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blocicades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or emergency by the federal, state, county, or City government in accordance with applicable law; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If the Licensed Premises or any portion thereof shall be destroyed or rendered unsafe for use or occupation by reason of a Force Majeure Event, the City may, in its reasonable discretion and after consulting with Company, either cancel or reschedule the Company's activities. The Company hereby waives any claim against City for damages by reason of any such rescheduling or cancellation. If the United States Department of Homeland Security issues a Level Orange or Level Red Alert, the City, in its sole discretion, may cancel or postpone scheduled Company activity in the interest of public safety. XXVII. Review of Counsel The parties acknowledge that each party and its counsel have had the opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. Access Permit and Workspace License Agreement for Highland Hills Park Page 12 of 28 XXVIIL Headin�s The section headings contained herein are solely for convenience in reference and are not intended to define or limit the scope of any provision of this Permit. XXIX. Choice of Law; Venue This Perrriit shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Permit, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. XXX. Governmental Powers It is understood and agreed that by execution of this Permit, City does not waive or surrender any of its governmental powers. �XXI. Authorization By executing this Permit, Company's agent affirms that he or she is authorized by the Company to execute this Permit and that all representations made herein with regard to Company's identity, address and legal status (corporation, partnership, individual, etc.) are true and correct. XXXII. Entiretv of A�reement This instrument (including all attachments, schedules, and exhibits attached hereto) constitutes the entire understanding and agreement of the City and Company as to use of the Licensed Premises and the Park. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Permit. This Permit shall not be amended unless agreed to in writing by both parties. By executing this Permit, Coinpany agrees to and accepts the terms, conditions and provision contained herein. [SIGNATURES APPEAR ON FOLLOWING PAGE] Access Permit and Workspace License Agreement for Highland Hills Park Page 13 of 28 IN WITNESS WHEREOF, the parties hereto have executed this Permit this j%�/GG% , 201�' (n Fort Worth, Tai7•ant County, Texas, Barnett Gathering, LP By: Edwin S. Ryan, Jr. Attorney-in-F ct Date: l 8�7�(,� �J ATTEST: By: _ Name: Title: �. j' �. s � . � City of Fort Worth Approv� By: _ Denis C. as to rr 'r�(1,, r I I ►' ` '�� and Legality: Assistant City A Contract Authorization: M&C L-15241 ��/��i/ r6 �- � r��►z�C �-�,r�.�. G l`{``{ ��G.���,� � d��IC1AL tt�CO�t� � CITI( SECRETARY � FT. WORTH, TX � N� '�1f�0f N 4 Access Permit and Workspace License Agreement for Highland Hills Park Page 14 of 28 Date: � � � �` EXHIBIT "A" FN�. i/1" I.R. (CM) TARRANT C�UNTY. TEXAS S`�. WOODY TESCO.MON. SUR YLY, A-1638 _ {cM) �. _ N 89'24'40" E' — 631.36' � R FND. 60D NNL TR-004.00 TEXAS ECECTRIC SERVICE COMPANY VOL. 257�1, PO. 5+36 CALLED 16-67/'100 ACRE5 1R-005.00 � '� UNION PACIFIC RAILROAD Z � O � �p � 4 �' � � � M � S > C.7 i s F'cP. �tP' \ + � \ �a � rn� �008.OQ� p�� CITY OF FQRT WORTH � VO�. 4568, PG. 223 ` CALLEO 28.669 ACRE5 P.0.6. T.W.S. TENIPORARY WORK SPACE (20,886 SQ. FT) —� M. GAF2RISON SURVEY, A-598 t/2^ �,R. PROPOSED ACCESS ROAD (2,595 SQ. FT.) �.. �/ ��— � EXISTMG ��J ro o�vc cRovE aon� TR-006.00 � VALVE TR-007.00� s,oso'(fEE'f)t FROM AMON G. CARTER, JR. SITE EXISfING vw�ve srre . � CAMPUS DRfVE vo�siis76�PG�. 10 SHELBY COUNTY SGHOOL (�20• R.o.w.),/ CALLED '203:88 LAND SURVEY, A-1375 � NOTE� (CM) — CONTROL MONUMEN' ALL EASEMENTS MAY NOT BE SHpN/t TEMPORARY WORK SPACE � 20,888 PROPOSE� ACCE55 ROAD � 2y595 SW�s�rtc rau� pESCRIBED ON EXHIBIT "6' ATTACHED HERETO. TiTLE WFORMA'f10N PROVIDED BY: 5UNDIqL ENER�Y, LLC BARNETT GATHERING, L.P. 17Z�.7.� 3�7:1[r.:Y■ PROJECT NO. MUSTANG ENG/NEER/NG, L . P. FORT WORTH, 7EXAS LAND SURVEYOR 1932 �N TEXAS STATE PLANE NAD 83 (CORS), NOR7H CENTRAL ZONE, OBSERVATIONS. OF FORT WOR1N I7Z..7s;.7 � 0 Access Permit and Workspace License Agreement for Highland Hills Park Page I S of 28 EXH181T "A" NOTE: (CM) — CONTROL MONUMENT ALL EASEMENTS MAY NOT BE SH01Ntr QESCRIBE� ON EXHI6IT �B� ATTACHED HERETO. T1TLE INFORMATION PROVIDED 8Y: SUNDIAL ENERGY. LLC N`SOUTFI piSCHARGE PIPEUNE CI CITY OF FORT 'WORTH � MUSTANG ENGlNEEfIING, L . P. FORr ►MORn-, �xas ............. _, ----- REGISTERED'PROFESSIpNAI. LAND SURVEYOR 7EXAS REGI57RAT10N NO. 1932 BEARINGS BASED ON 'TEXAS STATE PLANE CbORDINATE SYSTEAI NAD 83 (CORS), NORTH CENTRAL ZONE, DERIVED FROM GPS OBSERVATIONS. � BARNETT GATHERING, L.P. Access Permit and Workspace License Agreement for Highland Hills Park � Page ] 6 of 28 "fEMPaRARY WORK SPACE � 20,888 SQUARE FEET PROPOSED ACCE55 ROA� = 2,596 SQUARE FEET Barnett Gathering L,P. Temporary Work:Space TEMPORARY WORK SPACE 17976-94-0006A_Rev4 Cify of Fort Worth Being a 20,888 squa�e fooYtract of land situated in the M. Garrison Survey, Abstract No. 598, Ta[rant County, Texas and',being a portion of tha4certain28.659 acre tract of land described in deed to Gity of Port Wprth aS reco[ded in Volume 4558, Page 223 of the Deed Records of Tarrant County; Texas. Said 2b,888 squace foot tract being more parEicula�ly described by metes and bounds as'follows; BEGINNING in the easterly line of said 28:659 acre tract, common with lhe westerly line of Union Paoific Railroad, a variabie width right of way, said point besrs S 28°23'47° E, a distance of 1263:45 feef from a 60D Nail, found marking the northeast corner of said 28.659 acre tcact; THENGE continuing with said easferly line; S 28°23'47" E, a distance of 188:55 feet to the southeasY corner of said 28,659 acre tract, common with the northeast corner of that certaln 203.86 acre#ract ofland described in deed to Amon G. Gartet, Jr. Estate, Et AI. as recorded in Volume 11676, Page 10 of the Deed Records of Tarrant County, Texas; THENCE with the south line of said 25:659 acre tract, common with the north line of sald 203:$6 acre iract, S 89°2T22° W, a distance of 157,74 feet to a point; THENCE severing, over and across said 28.659 acre tract as follows; N 37°00'38" W, a distance of 96.06 feet to a point; N 58°30'04" E, a distance of 32.57 feefto a point; N 23°42'55" E, a distance of 15,36 feet to a point; N 56°56'12° E, a distance of 109J0 feet to the P�INT OF BEGINNING, and containinq 20,888 square feet ofland, more or less, as shown on plat attached hereto on Exhibit "A". Bearings are t�ased on the Texas Siate Plane Coordinate System, NAD 83 (CORSj, North Central Zone, derived from GPS observafions. �red P�ofessfonal l.and Surveyor Registration No. 1932 September 15, 2011 Exhibit "B" Dama�e to Trees; Remediation Costs In the event of any damage to trees in connection with Company's operations, Company shall comply with the following: 1.0 In General The City Forester shall have the right to inspect any trees located on the Park for damage by Company and, if applicable, will classify damage to trees as slight, moderate, or severe as described below. 1.1 Standards for Measurin� Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back under ANSI standards. Tree caliper shall be measured according to accepted industry standards. Trees greater than 6" in caliper shall be measured using diameter at breast height (DBH). 2.1. Sli�ht Dama�e: Slight damage shall be defined as damage that, in the opinion of the City Forester, can be reasonably anticipated to heal. Examples include, but are not limited to, (i) scarring of the trunk into the cambial layer of up to 2" in width but less than 1/3 trunk circumference; and (ii) breaking of limbs that are less than 2" in diameter and less than 1/3 of the trunk caliper. Remediation costs shall be assessed at a rate of $100.00 for each instance of slight damage. 2.2. Moderate Dama�e: Moderate damage shall be defined as damage that, in the opinion of the City Forester, can reasonably be anticipated to contribute to poor health and slight to moderate reduction in longevity of the tree. Examples include, but are not limited to, (i) scarring of the trunk into the cambial layer greater than 2" in width but less than 1/3 trunk circumference ; and (ii) breaking of limbs more than 2" in diameter but less than 1/3 of the trunk caliper. Remediation costs shall be assessed for each instance of moderate damage at the following rates: (i) for any tree that is more than 20 inches in caliper, the greater of: (A) one—half of the estimated value of the tree or (B) $300.00 per caliper inch; (ii) for any tree that is less than 20 inches in caliper, $300.00 per caliper inch. 2.3. Severe Dama�e: Severe damage shall be defined as damage that, in the opinion of the City Forester, can Access Permit and Workspace License Agreement for Highland Hills Park Page 18 of 28 reasonably be anticipated to contribute to a severe reduction in longevity of the tree or otherwise characterized as a catastrophic injury to the tree. Examples include, but are not limited to, (i) scarring of the trunlc to the cambial layer greater than 1/3 the trunk circumference; (ii) uprooting a tree or causing a tree to lean; (iii) damage to a scaffolding branch or to a branch greater than 1/3 of trunk caliper; and (iv) removal of a tree. Remediation costs shall be assessed for each instance of severe damage at the following rates: (i) for any tree that is twenty-five (25) inches or less in caliper, the appraised value of the tree; (ii) for any tree greater than twenty-five (25) inches in caliper, twice the appraised value of the tree. 3. l. Pavment of Remediation Costs Company shall make payment for any such damages and must plant replacement trees for severely damaged trees at a location to be determined by the Parks and Community Services Department. Replacement shall be made on caliper-inch-per-caliper-inch basis with a minimum size replacement tree of 2" in caliper. Company shall be responsible for the planting watering, mulching and maintenance of replacement trees for a period of not less than 2 years. Any tree that does not survive the 2 year establishment period shall be compensated for by the Company to the Parks and Community Services Department at a rate of $200 per caliper inch. 3.2. A�licabilitv of Citv's Tree Ordinance Remediation costs assessed hereunder constitute contractual damages intended to compensate the Parlcs and Community Services as property owner and have no bearing on whether or to what extent any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance. Access Permit and Workspace License Agreement for Highland Hills Park Page 19 of 28 L Exhibit "�" SECTION 02830 - SEEDING PART1-G�NERAL 1.OI 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 5TAIVDARDS 1.03 A. 1.U4 A. Standardized'Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomericlature� Second Edition, i942; 2. For native materials a: Manual of the Vascular Plants of Texas by Correll and Jnhnston b. Check List of Vascular Plants of Texas by Hatch c. . Flora ofNorth Central Texas by Shinners and Moller: S. Texas IHighway Department: Standard Specifications for Construction, Item 164, "Seeding for Erosion Control" and.Item,180, "Wildflower Seeding". SUBMITTALS Seed 1. 2. 3. 4. 5. Vendors' certification that seeds meet Texas Stafe seed law including: a. Testing and labeling for pure live seed (PLS) " b. Name and type of seed ' If using native giass or wildflower seed, seed must have been harvested within one hundred (100) miles of the construction site. All seed shall be tested in a labaratory with certified results presented to the Ciry, in writing, prior to planting. 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, Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. B. Fertilizer I. Unopened bags labeled with the analysis 2. C4nforrn to Texas fertilizer la�v JOB COiVDITIONS Ylanting Season: T}ie season varies according to species (see Part 2- Products). Do not secd wlien soil is excessively wet or dry or when �vind exceeds ten (l 0) miles per hour. A. Schedtile �er all ottYer construction is complete, L secTinN o���o . sr•.ry .r�vc -1- Access Permit and Workspace License Agreement for Highland Hills Park Page 20 of 28 � Exhibit " " (continued) C, Protect and Maintain Seeded Areas 1, From erosion Z. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QtiALY'iY CONTROL The Developer/Contractor who plants the seeds is responsible for daily supervision of his crew, ar�d for the planting the seed and maintaixv.ng the seedlings until acceptable viable growth is achieved and the project accepted by the City. PART2—PRODUCTS 2.01� MATERIP�LS A. Seed AlI seed: shall be planted at rates based on pure live seed (PLS = purity x germination) per acre. Substitution of ittdividual seed iypes due to iack of availability shall be determined only by the City at the time of planting. The Developer/Contractor shall no�ify the City of difficulties locating certain species. Only those areas indicated on the plans and areas dis%urbed"by construction shall be seeded. Prior to seeding, each azea shall be marked in the field and approved by the City. Weed seed shaIl�not exceed 10 percent by we�ght af the total of pure Iive� seed (PLS) and other materi�l in the mixture. 3ohnsongrass and nutgrass seed shall nof be allowed. The seed shall'be clean, dry and hatvested within one year oiplanting. 1. Non-native �rass seed shall consist oi; if planted between April XS and September 10; Lbs./Acre Common Name Bermuda (wn.hulled) Berrnuda (liulled} Scientific Name C'ynodon dactylon Cynodon dactylon Purity 85% �5% 25 75 Svbstitute the follo�ving ii planted b�riveen Sepiemher 10 and April 15: Germination 90% 90% 220 Rye Grass I.olizrrra multi,�loru�n 82% 80% 4i) �3ermuda (unhulled) Cytiodon. dactylqn 8�% 8 �% 2 iVak�ve �rass seed - The se�d shall be planted between February 1 and �ctober 1 and shall consist of: Lbs. PT�S/AGre Common Name Botanical Name SECTION 02930 - SEEDING -2- Access Permit and Workspace License Agreement for Highland Hills Park Page 21 of 28 Exhibit 16 40 64 200 40 16 lb 80 � � " " (continued) Crreen Sprangletop Sideoats Crrama* Litt1e Bluestem* Buffalograss Indian Crrass* Big Top Lovegrass* Weeping Lovegrass Canacla Wild Rye* Leptochloa dub�a Bouteloua curtipendula Schizachyrium scoparium Buchloe dactyloides Sorghastrum avenaceum Eragrosiis hirsuta Eragrostis curvula Elymus canadensis var. canadensis *These grasses are no# to be planted witlun ten feet of a road or parking lot or within three feet of a walkway. � 3 Wildflo�ver seed - All wildflowar 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 �ecember 1 and shall consist of: Lbs, FLS/Acre 10 20 50 10 10 20 10 3 10 ld Common Name Foxglove* Lanceleaf Coreopsis Bluebonnet Pink Evening Primrose Purple Coneilower* Indi�n Blanket Mexican Hat Maxirnillian Sunflower* Winecup' Lemon 3vlint* Botanical Name Penstemon cobaea Coreopsis lanceolata Lupinus texensfs Oenothera speciosa Echinacea purpurea Gaillardia pulchella Ratibida columnaris Helianthus maximiliana Callirhoe involucrata Monarda citriodora *These wildflowers are not to be ptanted witlain ten feet of a road or �arking lot or within three feet of a walkway. 4. Temporary erosian control seed When specified on the plans, temporary control measures skall be performed. '�hese measures shall consist of the sowing of cool season plant seeds and the work and materials as required 'uLthis secuon. :i B. vlulch i. Mulch should be designed for use with conveniional me�hanical or hyc�r�aulic planting of seed, eithez alone �r with fertilizer. Z. ;vlulch should be wood cellulose fiber produced from virgin ��vooti or recycled � r-b - roducts �vaste roducts fram a er mills or rec cled news aper). `'r? � P P� Ae Y P P p p Y 3. I�fulch shouid contain no growth or germination inhibiting factors. ` 4. �Iulch shbuld cont�in no more than ten (l Oj percent moisture, air dry weight basis. S. Additives shall inelude a binder in powder form. , S. Material s11a11 form a strong rnoisture retairting mat. � SECfTOi�10293U - SEEDINO -3- Access Permit and Workspace License Agreement for Highland Hills Park Page 22 of 28 Exhibit " " (continued) C. Fertilizer 1. All fertilizer shall be delivered in bags or containers cleaxly labeled showing the analysis. 2. All fertilizez� shall be in acceptable condition for distribution and shall be applied uniformly over the planted azea. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizez is required fox 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 (I50) pounds ofNitrogen per acre. D. Water: Shall be fumished by the Developer/Contractor bv means of tempozary metexin� irri�arion water truck or bv anv other method necessary to achieve a viable, acceptable stand of turf as noted in 3.04.8.2. The wafer 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 equai to the average amount of rainfall plus one b.alf inch (1/2") per r�eek should be applied for approximately two to three weeks or until project is accepted hy the City. E. Brosioz� 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 appiication 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 MI�QNG Seeci, mulch, fertilizer and water may be mixed provided that; 1. Mixture is unifoz7nly suspended to form a homogenous sluny. 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. SECT[ON 02930 - SEEUfNG -4- Access Permit and Workspace License Agreement for Highland Hills Park Page 23 of 28 Exhibit " " 3.02 3.03 PART 3 - EXECUTION 3.01 SEEDED PREPAR.ATION (continued) A. Clear Surface of AlI Materials, Such As: 1. Stumps, stones, and other objects lazger than one inch. 2, Roots, brush, wire, stakes, etc, 3. Any objects that may ir_terfere with seeding or maintenance. � Tilling 1. 2. 3 In al] compacfed 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-of£ 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 depfh of four inches within forty eight (48) hours of seeding', SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at ngkt angles to each other. 2. Harrow or rake lightly to cover seed. 3. Never cover seed with znore soil�than iwice its diameter. 4. For wildflower plantings, scalp existing grasses to one inch, remove grass clippings, so seed can xnake contact with the soil. B. Mechanically Seeding �Drilling): If inechanically 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 distzibuted 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 inte6nal to the seed drill, or a corrugated roller of the "Cultipacker" type. Ali rolling of slope areas shall be on the contour. �NLCHING A. Apply uniformly after completion of seeding in areas up to 3:1 slope. iviulch may be applied concurrently with fertilizer ;uid seed, if desired. 13. Apply at the following rates unless otherwise shown on plans; l. Sandy soils, flat surfaces - minimtun 1,SOO lbs./acre. 7. Sandy soils, sloping surfaces - minimum 1,800 Ihs./acre. ;, C:lay soils, t7at surfaces - minir.�um ?,�00 tbs./acre. 4. Clay soils, sloping surfaces - tninimrun 3,000 lbs./acre. SL'•CI'ION q2930 - SE�bMG �5� Access Permit and Workspace License Agreement for Highland Hills Park Page 24 of 28 Exhibit C "�" (continued) 5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious. C. Apply wiihin thirty (30} minutes afrer placement in equipment. Keep mulch moisf, by daily water application, if necessary; 1, For approximately twenty-one (21) days, or ' 2, Unti] seeds have germinated and have rooted in soil, (see 3:04. B.2) and project has been accepted by the City. 3.04 MAINTENANCE AND MANAGEMENT A. Tncludes protection, replanting, maintaining grades and immediate repair of erosion damage until the project receives final acceptance, B. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A"stand" shall be defined as: a, Bermuda/Rye grasses: Full coverage per square foot established within two to three (2-3) weeks of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. b, Native grass and wildflowers: eighty percent (80%) coverage of growing plants within seeded area wiihin 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 SECTTON SCC'i1�N 02J30 - 5EBDING -6- Access Permit and Workspace License Agi•eement for Highland Hills Park Page 25 of 28 Exhibit " " (continued) S�CTION 02930 - TURF SODDING PART 1 - GEIV�RAT, 1.0] 1,02 DESCRT�'TION A, Work Included: This wark 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. REFERENCE STANDARDS A, For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. B. For nativa materials a. Manual of the Vascular Plants of Texas by Corr�lI and Johnston b. Check List oi Vascular Plants of Texas by Hatch c, Flora of Narth Central Texas by Shinners and Moller 1.03 SUBMITTALS 5amples, certificates and specifications of sod, fertilizer, compost, soil amettdments 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, S'T'ORAGF AND HANDLIN'G. A. Sod: Harvesting and planting operatians shalt be coordinated with not more than forty eight hours elapsing between the harvesting and planting. }3. Fertilizer 1. Unopened. bags labeled wiih the.anal3�sis. 2. Confonn ta Texas Fertilizer Law. 1.05 QUALI"fY CONTROL "I'he 17eveloper/Contractor wl�o plants the sod is responsible for supervision of his crew, while planting the sod and maintaining ihe sod until the projeci is �ccepted by the City, T[; EtP S O�D fNG 02930 •�- Access Permit and Workspace License Agreement for Highland Hills Park Page 26 of 28 Exhibit C «�„ (continued) PAKT 2 — PRODUCTS 2.01 SOD A. The sod shall be Buchloe dactyloides ("Prairie" Buffalograss) and shall consis# of stolons, leaf blades, rhizames and roots with a healthy, virile system of dense, thickly matted roots . throughout the soil of the sod for a thdckness 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 shaIl not be harvested or planted when iCs moisture condition is so excessively wei or dry that its survival will be affected. If sod is stacked, it shall be kept moist and shall be stacked roofs-to-roots and grass-to-�'ass. B. The sod shall be cut in strips four feet wide to be laid parallel with the contours. 2.02 FER"TILIZER A. B, C. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis Al] fertilizer shall be in acceptable conditian for distribution and shall be applied uniformly over the planted area two weeks after sodding. All fertilizer shall have an analysis of 3-�-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 fiunished by the Developer/Contxactor attd shall be clean and free of industrial wastes or other substances hannful 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 fertilizzr. 2.04 CO�IPOST All compost material is to be totally arganic and decomposed for at lease nine months. All coinpost 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. 12aw organics are noi acceptable. A. For so;I with an alkaline pH"co�dition.: Use "�Ie�v Life Acid Urn° (acid pH) soil coiiditiouer as produced by Soil Buildi��b Systems of Dalla.s, or an approved eQuai. B. For soil �vit}i an acidic nH conditio�l: Clsc "Perma Ureen ComFost" by Texas I.�ar[h Resources, Ine. of Dallas, or "New Life Natural Grower" (ph 8.0 to 9,0) by Soi] Iiuilding Sysfems, Inc., of Dallas. C. Sample and SpeciGcatioi� Submitial: Submit a prodticer's specifi�ation and a quari samplc of'tlie con�p�st pxapased for the City's zipprov�l. 7�(JRF' SODD(;JG 0�93D -�- ; Access Permit and Workspace License Agreement for Highland Hills Park Page 27 of 28 Exhibit PART 3 - EXECUTION 3.01 3.02 l.� "�" (continued) GENERAL All turfing operations are to be executed across ihe slope, parallel to fizushed grade contours. SOIL 1'REPFIRAT'ION A. Scarify subgrade to a depth oFthree 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 c}usel- type breaking plow, chisels set not more than ten incl�es apart. Initial tillage shall be donz in a crossing patt.ern for double coverage, then followed by a disc harrow. Depth of tillage shall be five inches. A heavy duiy rototiller may be used for areas to be planted with sod. C. Cleaning: Soil shall be further prepared by the removal of debris, building m.aterials, rubbish, weeds and stones largez� than one inch in diameter. I� Fine Grading: After tillage and cleaniz�g, all areas to be planted shall be topdressed with one-half inch coinpost az�,d then shali be leveled, fine graded, and drug with a weighted spike harro�v or float drag. The required result shall be the elimination of ruts, clepressions, 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 slzall be laid smoothly, tightly butted edge To edge, and with staggered joints. The sod shall be pr�ssed firmly into the sod bed by rolling or Uy hand tampin� with an approved tatnper so as to eliminate all air pockets, �rovide a tn�e and even surface, and insure knitting withaut displacement of'tlie sod or deformation of the siufaces of sodded areas. Following compaction, compost sliall be usecl to fill all cracks between sods. EYcess compost shall be �vorked into the grass �vith suitable eqiiipment and shall be well �vatered. 'I'he quantity of compost shall be such that it tivill cause no smothering or buxiung of the grass. 3.04 �"EEtTILIZI?�G 'T'�i°enty-�i�e days alter planfind, ri�rPgrass areas silall receive :ui application of 3-1-7 fertilizer at the rate of 45 pounds of nitra�ei� per acre. �t%ater �ve11 ai:ter a��plication to prevent burning. E?�fll C)F SCCTION 'I'TJfU� SO�DINC', 4293i) -;- Access Permit and Workspace License Agreement for Highland Hills Park I'._• : � l� '� ` � � 1 •1 � ) \. 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, gzades, and cross sections as speci�ed herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE I� �� Section 02200 - Site Prepazation. Grading Plan: Refer to plan sheets. 1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis only. < _. _ , . .. , , PART 2 - PRODUCTS 2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation, unless separately designated, within the limits of the work. Unclassified excavation includes all material encountered regardless of its nature or the manner in which it is to be excavated. 2.02 IJNCLASSIFIED FILL A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native materials removed in unclassified excavation, or similaz imported materials, shall be used insofaz as practicable as unclassified fill. Properly deposited, conditioned, and compacted fill is hereinafter referred to as "earth embankinent." 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 embai�icments, 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 "I'OPSOIL - 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 Prepazation." Topsoil may be greater or less than the upper six inches (6") in depth. EAR'I'�I WORK 02300 .�. , 1 / � � � � � / � / / � � � / � / � � N � � t � ! r � � / � � � a � � � r � � ' � � i � � R � � A � i � � � � � f 1 R i 1 / r 1 1 1 i 1 ► ► ► 2.04 2.05 2.06 IMPORTED FILL t��,�'111�1 � ��(' �� �(C;'i�-'�� Ir_ ��L�) ) A. Imported fill materials shall be used for the construction of earth embankment in the event that; (1) the volume �f unclassified excavation is less than the volume of fill required for earth embankment andJor; (2) the condition of materials removed in unclassified excavation makes them unsuitable for use in the construction of earth embankment. B. The Developer/Contzactor 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 fiIl will be due the Contractor. C. A sample of the proposed imported fill must be provided by the Developer/Coniractor 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. 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. UNSUITABLE MATERIALS 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 foliowing conditions or matter and particles are present to a degree that is judged detrimental to the proposed use of the material. 1. Moisture 2. Decayed or undecayed vegetation 3. Hardpan clay, heavy clay, or clay balls 4. Rubbish 5. Construction rubble 6. Sand or gravel 7. Rocks greater than one half inch (I/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 O��ner may grant the Developer/Contractor permission to process the material to reduce the moisture content to a usable optimum condition. EaRrFiwoax uz�oo -z- t ! i ��V�Ij''jt1 PART 3 - EXECUTION � i,C' �� ���-� S ilN�'i7)� 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 aativities 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 leava a finished layer of topsoil not less than five inches in deptr. 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 hazrow, 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 satis�actory if they are true to grade, true in plane, even in gradient (slope), uniform in surface texture, and of normal compaction. Areas of loose granular pockets or of overcompacted soils are not acceptable and will be reworked. Finished azeas will promote surface drainage and will be ready for turfgrass planting. E.vzT►iwo�c 02300 -3- ��Ch����r''C `' ��-`,�n:v�,���) 3.03 UNCLASSIFIED EXCAVATION A. All excavated azeas 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 rnay be left over after the grading plan is executed, and all earthwork operations, including excavation, embankment construction, topsoil replacement, and final grading, axe 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 incozporated 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 a.nd shall be backfilled with suita.ble 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. Genezal: Except as otherwise required by the plans, all embankment shall be canstructed in la ers a roximatel axallel to the finished ade of the F y pp y p gr graded area, and each-layer shall be so constructed as to provide a uniform slope as shown on the grading � plan. Ernbankments shall be constructed to correspond to the general shape of the typical sections shown on the plans, and each section of the embankment shall corresnond to the detailed section or slopes established by the drawings. After completion of the graded azea, embankment sha11 be continuously maintained to its finished section and grade until the project is accepted. C. Preparation: Prior to placing any embankment, all prepaxatory 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 cree 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 pIowed, 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 023Q0 -4- il i{ � �� ��I ) i� L ((�:,s�7i���,(,��� l � , D. !� � G. H. vehicular compactors. I. Grading: Embankments shall be constructed in proper sequence and at prope densities for their respective functions. All embankment serves in one capaci or another as subgrade (e.g., under topsoil, under concrete and asphalt pavem under structures, etc.). Accordingly, the upper layer of embankment shall be graded to within plus or minus 0.10 foot of proper subgrade elevation prior to depositing topsoil, and prior to the construction of pavements, slabs, etc. indicated �n the plans or required by the Owner, the ground surface, thus prepared, shall � be compacted by sprinkling and rolling. � Scarification: The surface of all azeas and slopes over which fill is to be placed, other , than rock, shall be scarified to a depth of approximately six inches to provide a bond � between the existing surface and the proposed embankment. Scarification shall be i accomplished by plowing, discing, or other approved means. Prior to fill placement, the � loosened material shall be adjusted to the proper moisture content and recompacted to � the density specified herein for fill. S � Benching: �carification is normally adequate for sloping sur�aces. However, in certain . cases where fill is to be placed against hillsides or e�cisting embankment with slopes . greater than 4:1, the Owner may direct the Developer/Contractor to key the fill material to the existing slopes by benching. A minimunn of two feet normal to the slope shall be � removed and recompacted to insure that the new work is constructed on a firm � foundation free of loose or disturbed material. . Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread, not � to exceed eight inches (8") in loose depth before conditioning and compaction. Unless � otherwise permitted, each layer of fill material shall cover the length and width of the i area to be filled and shall be conditioned and compacted before the next lughex layer o£ � fill is placed. Adequate drainage shall be maintained at all times. � Watering: At the time of compaction, the moisture content of fill matexial sha11 be such ' . that the specified compaction-will be obtained, and the fill will be firm, hard, and . unyielding. Fill material which cz�ntai.ns excessive moisture shall not be compacted � unril it is dry enough to obtain the specified compaction. � Compacting: Each layer of earth fill shall be compacted by approved tamping or . sheepsf.00t rollers, pneumatic tire rolters, or o'cher mechanical means acceptable to the . Owner. Hand-directed compaction equipment shall be used in areas inaccessible to 3.05 DEiVSITY CONTROL A. Earth Embankment in General: Earth embankment shall be compacted in lif�s at a minimum of ninety percent (90%)of Standard Densiry ASTM D698 with plus four p�rcent (4%) or minus two percentage (2%) poinis of optimum moisture content. � r � ty � ent, � � � � � � i � I3. Earth Embankment Under Struchues and Pavement: The top six inches (6'� of natural � earth comprising the sub�rade for structural slabs or for areas of pavement shall be � ninety tive percent (95%) to ninety eight percent (98%) of Standard Density AST\�t EARTH W ORK 02300 -�- � � � i �,�(�llt�� � ''� ' ���'��,,��;��:e��� D698 with the moisture content at minus two percent (2%) to plus four percent (4%) of optimum. 3.06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all ! embankments that are to function as subgrade for structures, areas of pavement, or for select � � embankmettt. After completion of the embanlanent, the Developer/Contractor sha11 prevent excessive loss of moisture in the embankment by sprinkling as requized. Loss of moisture in � excess of two percent (2%) below optimum in the top twelve inches (12") of the fill will require that the top twelve inches (12") of the embankment be scarified, wetted, and recompacted prior to placement of the structure, select fill or pavement. If desired, the Developer/Contractor may place an asphalt membrane of emulsified or cutback asphalt over the ' completed embankment and thus eliminate the sprinkling requirement. � ;', 3.08 T�PSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or i damage to the subgrade. If any of the subgrade is rutted, damaged or displaced it shall be ; , restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02. ' END OF SECTION ! �,� rrnvr�Rx 02300 -6- City of Fort Worth, Texas Mayor and Council Communication COUNCIL. ACTION: Approved on 9/13/2011 DATE: Tuesday, September 13, 2011 LOG NAME: 80HIGHLAND HILLS TEMP ACCESS AGREEMENT SUBJECT: REFERENCE NO.: **L-15241 Authorize Execution of an Agreement with Barnett Gathering, LP, in the Amount of $20,888.00 for Temporary Workspace and Ingress and Egress Access on a Portion of the Surface of Highland Hills Park (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with Barnett Gathering, LP, in the amount of $20,888.00 for temporary workspace and ingress and egress access on a portion of the surface of Highland Hills Park. DISCUSSION: The purpose of this M&C is to authorize the execution of an Agreement with Barnett Gathering, LP (Barnett Gathering), to allow temporary workspace and ingress and egress access on a portion of Highland Hills Park in exchange for payment of a mitigation fee in the amount of $20,888.00. The Parks and Community Services Department (PACSD) has been approached by Barnett Gathering with a request for temporary workspace and ingress and egress access on a portion of Highland Hills Park for the installation of a gas pipeline beneath abutting property. The natural gas pipeline will be servicing the Night Train compressor site and Javier pad site, which will be tied into an existing valve site on the Amon Carter property just south of the park. Barnett Gathering has requested to use approximately 20,888 square feet of temporary workspace and access area within Highland Hills Park. The temporary workspace and access Agreement is for a period of 90 calendar days. The location of the temporary workspace and access area was chosen in consideration of the park and adjacent property owners. Installation of the pipeline under the abutting privately owned property will require locating a drilling rig along the boundary of the temporary workspace south of the park property. As a condition of granting this Agreement, staff is recommending that the company be assessed a mitigation fee of $1.00 per square foot of temporary workspace area for a total fee of $20,888.00. In addition, Barnett Gathering will be responsible for repairing and restoring the park to its previous condition or better. Staff has discussed this proposal with Barnett Gathering and Barnett is agreeable to this assessment. The funds generated from the park mitigation fees will be used in Highland Hills Park for park improvements in compliance with the Parks and Community Services Park Facility Development Guidelines. Highland Hills Park is located in COUNCIL DISTRICT 8. Logname: 80HIGHLAND HILLS TEMP ACCESS AGREEMENT Page 1 of 2 The Financial Management Services Director certifies 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 801929930500 . _ _ _. _ _ CERTIFICATIONS: Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers � ::: �� Susan Alanis (8180) Richard Zavala (5704) David Creek (5744) ATTACHMENTS 1. location map 2.pdf (Public) 2. Workspace location map.pdf (Public) Logname: 80HIGHLAND HILLS TEMP ACCESS AGREEMENT Page 2 of 2