HomeMy WebLinkAboutContract 41647 CITY SECRETARY
CONTRACT No. �
TEMPORARY ACCESS PERMIT AND
WORKSPACE LICENSE AGREEMENT
FOR JEFFERSON DAVIS PARK
This Temporary Access Permit and Workspace License Agreement for Jefferson Davis
Park ("Permit") is made and entered into by and between the City of Fort Worth (hereinafter
referred to as "City"), a home-rule municipal corporation organized under the laws of the State
of Texas, acting by and through its duly authorized Assistant City Manager, and Texas
Midstream Gas Services, L.L.C., (hereinafter referred to as "Company"), an Oklahoma limited
liability company, acting by and through J. Michael Stice, its duly authorized Chief Executive
Officer.
The following statements are true and correct and constitute the basis upon which the
City has executed the Permit:
A. The City owns a certain piece of property known as Jefferson Davis Park (the
"Park"), 4001 Townsend Drive, Fort Worth, Texas 76110, more particularly
described as Lot 1, Block 1R, Blantons Addition, City of Fort Worth, Tarrant
County, Texas. The exact location and boundaries of the Park are depicted in
Exhibit A, which is attached hereto and incorporated herein for all purposes as
though it were set forth at length.
B. Company wishes to uses certain portions of the Park that are designated herein as
temporary workspace and as an ingress and egress route in connection with the
construction of a gas pipeline beneath property that abuts the Park and that is
owned by a third party.
C. The City has reviewed Company's request and agrees to grant Company use of
the designated portions of the Park in accordance with the terms and conditions of
this Permit.
Agreement
I. Term
The term of this Permit shall consist of one (1) license period of ninety (90) consecutive
calendar days ("License Period"). The Company shall have the ability to select the date
on which the License Period shall commence, provided, however, that: (i) the Company
must notify the City's Parks and Community Services Department at least five (5)
business days prior to the date on which the License Period will commence; and (ii) the
License Period must terminate no later than six (6) months from the date on which this
Permit is fully executed. No use of or access to the Park or the Licensed Premises shall
be allowed outside of the designated License Period.
Company's rights in the Licensed Premises hereunder shall be strictly limited and shall
fully and absolutely terminate and be of no further force and effect at the conclusion of
the License Period. After the License Period ends, all rights of the Company in and to
the Licensed Premises shall, automatically and without the need for any further
documentation, fully and unconditionally terminate, whereupon the Company shall have
no right 6f emry-nr vse of the Licensed Premises whatsoever.
I'AFtY
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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 the Company during the License Period the use of the following three tracts of land
(collectively the "Licensed Premises") located in Jefferson Davis Park (the "Park"), 4001
Townsend Drive, Fort Worth, Texas 76110:
Tract One—Workspace A
BEING A TRACT OF LAND LOCATED IN THE W. WHEAT SURVEY, ABSTRACT
NO. 1645, TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF
LAND DESCRIBED IN A DEED TO THE CITY OF FORT WORTH, RECORDED IN
VOLUME 798, PAGE 184, DEED RECORDS, TARRANT COUNTY, TEXAS,
(D.R.T.C.T.), BEING A PORTION OF LOT 1, BLOCK 1R, BLANTONS ADDITION,
AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS,
RECORDED IN CABINET A, SLIDE 858, PLAT RECORDS, TARRANT COUNTY.
TEXAS (P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT, AT THE BEGINNING OF A CURVE TO THE LEFT,
FROM WHICH A 1/2" IRON ROD FOUND BEARS N 75 054'21" W, 349.97 FEET,
SAID IRON ROD BEING THE NORTHWEST CORNER OF SAID LOT 1;
THENCE SOUTHEASTERLY, ALONG SAID CURVE TO THE LEFT, AN ARC
LENGTH OF 28.83 FEET, HAVING A RADIUS 30.00 FEET, A DELTA ANGLE OF
55 003'51", AND A CHORD BEARING S 28 003'18"E, 27.73 FEET TO A POINT;
THENCE S 55035'14" E, 205.75 FEET TO A POINT IN THE EAST LINE OF SAID
LOT 1;
THENCE S 00 031'23" E, ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE
OF 36.59 FEET TO A POINT;
THENCE N 55035'14" W, DEPARTING THE EAST LINE OF SAID LOT 1, 163.84
FEET TO A POINT AT THE BEGINNING OF A CURVE TO THE LEFT;
THENCE SOUTHWESTERLY, ALONG SAID CURVE TO THE LEFT, AN ARC
LENGTH OF 65.42 FEET, HAVING A RADIUS 30.00 FEET, A DELTA ANGLE OF
124 056'09", A CHORD BEARING S 61 056'42" W. 53.21 FEET TO A POINT;
THENCE N 00 031'23" W, 109.78 FEET TO THE PLACE OF BEGINNING AND
CONTAINING 0.170 ACRES (7,424 SQUARE FEET) OF LAND. MORE OR LESS.
Tract Two—Workspace B
BEING A TRACT OF LAND LOCATED IN THE W. WHEAT SURVEY, ABSTRACT
NO. 1645, TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF
LAND DESCRIBED IN A DEED TO THE CITY OF FORT WORTH, RECORDED IN
VOLUME 798, PAGE 184, DEED RECORDS, TARRANT COUNTY, TEXAS,
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(D.R.T.C.T.), BEING A PORTION OF LOT 1, BLOCK 1R, BLANTONS ADDITION,
AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS,
RECORDED IN CABINET A, SLIDE 858, PLAT RECORDS, TARRANT COUNTY.
TEXAS (P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT, FROM WHICH A 1/2" IRON ROD FOUND BEARS N
56 047'28" W, 60.12 FEET, SAID IRON ROD BEING AN ELL CORNER OF SAID
LOT 1;
THENCE N 89 034'35" E, 129.24 FEET TO A POINT;
THENCE S 06 034'55" W, 57.24 FEET TO A POINT;
THENCE S 20 004'07" W, 50.56 FEET TO A POINT;
THENCE S 67 034'23" E, 22.08 FEET TO A POINT;
THENCE N 22 025'37" E, 279.50 FEET TO A POINT;
THENCE N 67 034'23" W, 66.61 FEET TO A POINT AT THE BEGINNING OF A
CURVE TO THE LEFT;
THENCE SOUTHWESTERLY, ALONG SAID CURVE TO THE LEFT, AN ARC
LENGTH OF 59.14 FEET, HAVING A RADIUS OF 30.00 FEET, A DELTA ANGLE
OF 112 057'00",A CHORD BEARING S 55 057'07" W, 50.02 FEET TO A POINT;
THENCE N 00°31'23" W, 97.74 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE TO THE LEFT;
THENCE SOUTHEASTERLY, ALONG SAID NON-TANGENT CURVE TO THE
LEFT, AN ARC LENGTH OF 35.11 FEET, HAVING A RADIUS OF 30.00 FEET, A
DELTA ANGLE OF 67 003'00", A CHORD BEARING S 34 002'53" E, 33.14 FEET TO
A POINT;
THENCE S 67 034'23" E, 104.72 FEET TO A POINT;
THENCE N 22 025'37" E, 171.21 FEET TO A POINT IN THE EAST LINE OF SAID
LOT 1 AND THE WEST RIGHT-OF-WAY LINE OF THE B.N.S.F. RAILROAD
(CALLED 100' RIGHT-OF-WAY);
THENCE ALONG THE EAST LINE OF SAID LOT 1 AND THE WEST RIGHT-OF-
WAY LINE OF SAID B.N.S.F. RAILROAD AS FOLLOWS:
(1) S 00°31'23" E, 38.47 FEET TO A POINT;
(2) S 22 025'37" W, 776.93 FEET TO A POINT;
THENCE N 67 034'23" W, DEPARTING THE EAST LINE OF SAID LOT 1 AND THE
WEST LINE OF SAID B.N.S.F. RAILROAD, 10.00 FEET TO A POINT;
THENCE N 22 025'37" E, 179.58 FEET TO A POINT;
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THENCE N 67 034'23" W, 20.82 FEET TO A POINT;
THENCE S 20 004'07" W. 144.60 FEET TO A POINT;
THENCE N 00 031'23" W, 382.18 FEET TO THE PLACE OF BEGINNING AND
CONTAINING 1.033 ACRES (45,006 SQUARE FEET) OF LAND. MORE OR LESS.
Tract Three—Ingress/Egress Route
BEING A TRACT OF LAND LOCATED IN THE W. WHEAT SURVEY, ABSTRACT
NO. 1645, TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF
LAND DESCRIBED IN A DEED TO THE CITY OF FORT WORTH, RECORDED IN
VOLUME 798, PAGE 184, DEED RECORDS, TARRANT COUNTY, TEXAS,
(D.R.T.C.T.), BEING A PORTION OF LOT 1, BLOCK 1R, BLANTONS ADDITION,
AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS,
RECORDED IN CABINET A, SLIDE 858, PLAT RECORDS, TARRANT COUNTY.
TEXAS (P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT. FROM WHICH A 1/2" IRON ROD FOUND BEARS N
00°31'23" W, 9.30 FEET, SAID IRON ROD BEING AN ELL CORNER OF SAID LOT
1;
THENCE N 89 034'35" E, DEPARTING THE WEST LINE OF SAID LOT 1, A
DISTANCE OF 146.66 FEET TO A POINT;
THENCE N 44°31'36"E, 14.13 FEET TO A POINT;
THENCE N 00 031'23" W, 599.48 FEET TO A POINT IN THE NORTH LINE OF
SAID LOT 1 AND THE SOUTH RIGHT-OF-WAY LINE OF DREW STREET (50'
RIGHT-OF-WAY);
THENCE N 89 033'37" E, ALONG THE NORTH LINE OF SAID LOT 1 AND THE
SOUTH RIGHT-OF-WAY LINE OF SAID DREW STREET, 24.00 FEET TO A
POINT;
THENCE S 00 031'23" E, DEPARTING THE NORTH LINE OF SAID LOT 1 AND
THE SOUTH RIGHT-OF-WAY LINE OF SAID DREW STREET, 633.49 FEET TO A
POINT;
THENCE S 89 034'35" W, 180.66 FEET TO A POINT IN THE WEST LINE OF SAID
LOT 1;
THENCE N 00°31'23" W, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE
OF 24.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.437 ACRES
(19,014 SQUARE FEET) OF LAND, MORE OR LESS.
III. License Fee
Within five (5) days of the date on which this Permit is fully executed, Company shall
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deliver to the offices of the City's Parks and Community Services Department (the
"Department"), 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115, payment of a
License Fee of Ninety Six Thousand Four Hundred and Forty-Four Dollars ($96,444.00)
as full and complete compensation for the rights and privileges granted under this Permit.
Twenty-Five Thousand Dollars ($25,000.00) of the total License Fee shall constitute
payment for wear and damage associated with Company's use of those portions of Bolt
and Gordon Street located within the Park boundaries.
IV. Acceptance of Licensed Premises
The Company takes all portions of the Licensed Premises and all appurtenances in "AS
IS" condition without any express or implied warranty on the part of the City. The
Company accepts the Licensed Premises in their present condition, finds them suitable
for the purposes intended, and further acknowledges that it is thoroughly familiar with
such condition by reason of personal inspection and does not rely on any representations
by the City as to the condition of the Licensed Premises or their suitability for the
purposes intended. The Company accepts the Licensed Premises subject to any and all
previously recorded easements that may have been granted on, along, over, under, or
across said property, and releases the City from any and all damages, claims for damages,
loss, or liabilities that may be caused to invitees, licensees, or trespassers by reason of the
exercise of such rights or privileges granted in said easements. The Company's taking
possession of the Licensed Premises shall be conclusive evidence that: (a) the Licensed
Premises are suitable for the purposes and uses for which same are licensed; and (b) the
Company waives any and all defects in and to the Licensed Premises and all the
appurtenances thereto. The City shall not be liable to the Company, its agents,
employees, contractors, subcontractors, invitees, licensees, or guests for any damage
to any person or property due to the acts or omissions of the Company, its agents,
employees, contractors, or subcontractors, unless such damage is caused by the
gross negligence or willful misconduct of City or its agents, employees, separate
contractors, or subcontractors.
V. Use Not Exclusive
This Permit and all rights granted to Company herein are strictly non-exclusive. The City
reserves the right to enter into and grant other and future licenses, leases, and other
authorizations for use of the Park and the Licensed Premises to other persons and entities
as the City deems appropriate in accordance with applicable law; provided, however, that
in granting subsequent authorization for use, the City will not allow a use that will
unreasonably interfere with the Company's use of the Licensed Premises as provided
herein. This Permit does not establish any priority for the use of the Park or the Licensed
Premises by the Company or by any present or future licensees or other permit holders.
In the event of any dispute as to the priority of use of the Park or the Licensed Premises,
the first priority shall be to the public generally, the second priority to the City in the
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.
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VI. Limitations on Use
All Company equipment and materials shall be placed and maintained solely within the
confines of Tracts One and Two of the Licensed Premises. Tract Three shall be used
solely for ingress and egress purposes, and no equipment or materials may be placed
or maintained on Tract Three except when in transit to or from Tracts One and
Two. Company understands and acknowledges that access for all vehicles and other
equipment is limited to the specific route designated as Tract Three and that Tract Three
may be used only for the transport of equipment and supplies for construction of the gas
pipeline and for no other purpose. Unless otherwise approved by the Department, the
Company shall enter and leave the Park and access the Licensed Premises via Gordon
Street and Bolt Street only provided, however, that the City may, in its sole discretion,
order the Company to discontinue using Bolt Street twenty-four (24) hours after
receiving notice from the City to discontinue such use. Use of any portion of the Park
outside of the Licensed Premises shall not be permitted.
Company shall ensure that drainage along Gordon and Bolt Streets remains unobstructed
throughout the construction process and License Period. Any damage to the drainage
structures shall be repaired by the Company at its sole expense.
In accessing and using the Licensed Premises, Company shall comply with all of its
obligations and responsibilities under this Permit and under any and all applicable,
federal, state, or local law, rule, or ordinance.
VII. Public Safety
Company shall be solely responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with Company's use of the Licensed Premises
and the Park.
At a minimum, Company shall: (i) install and maintain construction fencing as depicted
in Exhibit B; and (ii) erect a controlled-access entry at Gordon Street in the form of a
gate, chain link fence, or similar structure to ensure that unauthorized traffic cannot enter
the Park. Following installation of the fencing and controlled-access entry, the Company
shall contact the Department to inspect for proper installation. The 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.
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 Uniform
Traffic Control Devices. Company shall utilize appropriate warning lights at all
construction and maintenance sites where one or more traffic lanes are closed or
obstructed during nighttime conditions. Company shall also take all necessary
precautions and shall provide all necessary protection to prevent damage, injury, or loss
to (a) all persons accessing portions of the Licensed Premises on which any construction
is being performed by or on behalf of the Company; (b) all work performed on or from
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the Licensed Premises and all materials and equipment to be incorporated therein that are
under the care, custody, or control of the Company, or the Company's employees, agents,
contractors, or subcontractors, regardless of whether such material and equipment is
stored on or off the Licensed Premises; and (c) other property on or adjacent to the
Licensed Premises.
For barricade structures constructed along Gordon and Bolt Streets, the Company shall be
required to apply for all necessary permits to ensure that installation and equipment meet
the requirements of the Transportation and Public Works Department and the Parks and
Community Services Department. Staff from both departments shall be entitled to
inspect the barricade structures during and after the installation process.
VIII. Protection of the Environment
The City 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 boring operations, provided,
however, that Company specifically agrees to remove any and all such Hazardous
Materials on or before the final day of the License Period. Foundation shall not
introduce, use, generate, store, accept, or dispose of on, under, or about, transport across,
or permit to exist on the Licensed Premises or the Park any "treatment, storage or
disposal facility" or "underground storage tank," as those terms are defined under
applicable environmental laws. For purposes of this Permit, "Hazardous Materials" shall
mean potentially dangerous hazardous wastes, toxic substances, or related materials,
including, but not limited to, pollutants; asbestos; polychlorinated biphenyl (PCB);
petroleum or other fuels (including crude oil or any fraction or derivative thereof);
underground storage tanks, and substances considered hazardous, toxic, or the equivalent
pursuant to applicable laws. Any Hazardous Materials used by the Company on the
Licensed Premises shall be posted on site and a list shall be given to City.
Company shall not create or aggravate any condition at the Park or the Licensed Premises
that could present a threat to human health or to the environment.
IX. Documenting Condition of Licensed Premises
Company must provide the Department with videographic documentation of the
condition of the Licensed Premises, 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. Department staff will distribute copies of the
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documentation to all appropriate City personnel to determine whether any damage has
been done to the Licensed Premises.
X. Minimizing Impact of Vegetation
Company shall not cut or remove any trees on the Licensed Premises. Prior to beginning
any construction, Company shall install perimeter construction fencing as identified on
the attached Exhibit B. In addition, to minimize damage during construction, the
Company shall install orange mesh fencing on the outside drip line of trees specifically
identified by the Department at a pre-construction meeting. Company shall notify the
Department once the perimeter fencing and tree protection measures have been installed
and allow the Department an opportunity to inspect the work before construction begins.
The City shall have at least two business days following the date on which notice is
received to conduct its inspection. The Company may begin construction on or after the
third business day following the date on which it provided notice to the City unless the
City contacts the Company and identifies specific issues that render the perimeter fencing
or tree protection measures unacceptable. If any tree within the Park is damaged in
connection with Company's operations, Company agrees to undertake remediation
efforts, including paying of remediation costs, in accordance with Exhibit C.
XI. Minimizing Impact of Utilities
The Company acknowledges the existence of City-owned water utilities in the Park and
Licensed Premises (including, but not limited to, waterlines, sewer lines, and storm drains
and lines) and covenants and agrees to install protective matting over such utilities in
accordance with Exhibit B and in compliance with specifications approved by the City's
Water Department. Following installation of the matting, Company shall contact the
Water Department (John Lopez or other designated representative) for inspection and
approval.
The Company shall provide the Parks and Community Services Department with a copy
of the matting specifications and the Water Department's inspection report within
twenty-four (24) hours of receiving the report from the Water Department and prior to
mobilization of pipeline construction equipment in the Park. The Company may begin
construction after the date on which it provided the inspection report and specifications to
the Parks and Community Services Department unless the Department contacts the
Company and identifies specific issues that render the measures unacceptable.
XII. Restoration of Improvements
To the extent any barricade, fence, or other improvement is destroyed, removed, or
altered in connection with the Company's activities under this Permit, the Company shall
reconstruct and restore such improvement in a good and workmanlike manner to a
condition that is equal to or better than the one in which such improvement existed as of
the date this Permit is fully executed, as evidenced by the pre-installation video required
under Section IX of this Permit.
XIII. Restoration of Surface and Subsurface of Tracts One and Two
To the extent any portion of the surface or subsurface of Tract One or Two is damaged or
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disturbed in connection with Company's activities under this Permit, the Company shall
ensure any subsurface area is promptly filled with clean fill dirt up to the level of the
surrounding ground. Company shall ensure any fill dirt is compacted to a 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 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 E, which is attached to this Permit and incorporated herein for
all purposes as though it were set forth at length.
In addition, Company shall restore the surface of Tracts One and Two by: (i) replanting
and reseeding with Common Bermuda grass in accordance with the seeding
specifications outlined in the attached Exhibit D; and (ii) watering the replanted and
reseeded areas as needed until the replacement vegetation is reasonably established and
has been approved and accepted by the Department. Prior to planting, Company shall
provide the Department with documentation certifying the type and quality of the
materials to be planted. The Department may, in exercise of reasonable discretion, reject
any plant material that does not meet the requirements of this section or Exhibit D or is
otherwise unacceptable for one or more specific, clearly identified reasons.
XIV. Removal of Excavated Materials
Company shall ensure that all drilling mud spoils and all excess material excavated by or
for Company is removed from the Park and properly disposed within twenty-four (24)
hours of excavation unless such material is stored in a containment facility. Material
stored in a containment facility may remain on the Licensed Premises no longer than ten
(10) calendar days following the date of excavation.
XV. Liability; Indemnification.
Company agrees to pay City for all damages suffered or incurred by City, either directly
or indirectly, as a result of any operations on or from the Licensed Premises conducted
for or by Company, its agents, employees or representatives, including all damage or
injury to standing or fallen timber, buildings, fences, equipment, and all other property,
whether real or personal.
Company covenants and agrees to and does hereby indemnify, hold harmless, and
defend, at its own expense, City, its officers, servants and employees, from and
against any and all claims or suits for property loss or damage and/or personal
injury, including death, to any and all persons, of whatsoever kind or character,
whether real or asserted, arising out of the acts or omissions of the Company, its
officers, agents, employees, subcontractors, invitees, licensees, volunteers, or
program participants. Company likewise covenants and agrees to, and does hereby,
indemnify and hold harmless City from and against any and all injuries, damage,
loss, or destruction to property of City during the performance of any of the terms
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
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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.
XVI. INSURANCE
Duty to Acquire and Maintain
Company shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance to provide coverages of the types and amounts specified herein,
naming the City as an additional insured and covering all public risks related to the
use, occupancy, condition, maintenance, existence, or location of the Park and the
construction, installation, operation, maintenance, repair, reconstruction, or condition
of the pipeline. The insurance required hereunder may be met by a combination of
self-insurance and primary and excess policies.
Types and Amounts of Coverage Required
Commercial General Liability:
$5,000,000.00 per occurrence, including coverage for the following: (i) Premises
Liability; (ii) independent contractors; (iii) products/completed operations; (iv)
personal injury; (v) contractual liability; (vi) explosion, collapse, and underground
property damage
Property Damage Liability:
$5,000,000.00 per occurrence
Umbrella Policy
$5.000,000.00
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Environmental Impairment Liability (EIL) &/or Pollution Liability
$5,000,000 per occurrence
$10,000,000 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
Employer's Liability:
$1,000,000.00 per accident
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,
Company will implement all such revisions requested by the City. The policy or
policies of insurance shall be endorsed to provide that no material changes in coverage,
including, but not limited to, cancellation, termination, non-renewal, or amendment,
shall be made without thirty (30) days' prior written notice to the City.
Underwriters and Certificates
Company shall procure and maintain its insurance with underwriters who are
authorized to do business in the State of Texas and who are acceptable to the City in
terms of solvency and financial strength. Within ten (10) business days following
execution of this Permit, Company shall furnish the City with certificates of insurance
signed by the respective companies as proof that it has obtained the types and amounts
of insurance coverage required herein. In addition, Company shall, on demand,
provide the City with evidence that it has maintained such coverage in full force and
effect.
Deductibles
Deductible or self-insured retention limits on any line of coverage required herein shall
not exceed $1,000,000.00 in the annual aggregate unless the limit per occurrence or per
line of coverage, or aggregate is otherwise approved by the City.
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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.
XVII. Prohibition Against Liens
The Company shall not do any act or make any contract that may be purported to create
or be the foundation of any lien on or any interest in the Licensed Premises or the Park.
Any such act, contract, or lien attempted to be created shall be void. Should any
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
XVIIl.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 Texas Midstream Gas Services, L.L.C.
Parks and Community Services Attn: Dave Johns, Manager Property Rights
City of Fort Worth 100 Energy Way
4200 South Freeway, Ste 2200 Fort Worth, Texas 76102
Fort Worth, Texas 76115
With a copy to: with a copy to:
Department of Law Texas Midstream Gas Services. L.L.C.
City of Fort Worth c/o CT Corporation
Attn: Denis C. McElroy 350 North St. Paul Street
1000 Throckmorton Dallas, Texas 75201
Fort Worth, Texas 76102
Access Permit and Workspace License Agreement for Jefferson Davis Park Page 12 of 15
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 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.
XX. Prohibition Against Assignment
The Company may not sell, assign, or otherwise transfer any of its rights or obligations
under this Permit without the prior, written consent of the City. Any such attempted
assignment without the City's consent shall be void.
XXI. Compliance with Laws and Regulations
In operating under this Permit, Company agrees to comply with all applicable federal,
state, and local laws, regulations, and ordinances, including all City ordinances, charter
provisions, and rules, regulations, and requirements of the City's Police, Fire, Code
Compliance, Transportation and Public Works, and Health Departments.
Company will not knowingly do or suffer to be done anything on said Licensed Premises
during the terms of this Permit in violation of the laws, statutes, ordinances, rules,
regulations, charter provisions, directives or requirements referenced in this Permit. If
the City calls the attention of Company to any such violation on the part of said Company
or any person employed by or admitted to said Licensed Premises by Company,
Company will immediately (or otherwise as soon as reasonably possible) desist from and
correct such violation and/or vacate the Licensed Premises.
XXII. 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.
XXIII.Force Maieure; Homeland Security
If either party is unable, either in whole or part, to fulfill its obligations under this Permit
due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; wars; blockades; insurrections; riots; epidemics; public health crises;
Access Permit and Workspace License Agreement for Jefferson Davis Park Page 13 of 15
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.
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 Permit.
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 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.
XXVI. Governmental Powers
It is understood and agreed that by execution of this Permit, City does not waive or
surrender any of its governmental powers.
XXVII. 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.
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 Permit shall not be amended unless agreed to in writing
by both parties.
Access Permit and Workspace License Agreement for Jefferson Davis Park Page 14 of 15
By executing this Permit, Company agrees to and accepts the terms, conditions and provision
contained herein.
t
I WITNESS WHEREOF, the parties hereto have executed this Permit this _day of
2011 in Fort Worth,Tarrant County, Texas.
Texas Midstream Gas Services, L.L.C. City of Fort Worth
By: �V�`" By: Aa-1c U- X'�
Name: J. gichael Stice Sus n Al nis
Title: Chief Executive Officer Assistant City Manager
Date: c, Z1;�.oll Date: J
Approv d to For a d Legality: Approved,,as to r and Legality:
By: By: i*
Name: Michael F. McCann Denis C. NVElroy
Title: Senior Attorney— Midstream & Marketing Assistant City AttaKey
ATTEST: ATTEST:
By: By:y r '�Jq
Name: Marty Hendrix ,o'°'G f o T�aa
b `
Title: City Secretary p�Q°o°p000a0 o°pfi��0
pwoo
a
o °
000 0°aaaoo 0 00 o��
i���-11U:0:444a
I OFE'ECIAL 72-.ACRD
C17ef "fit
Access Permit and Workspacc License Agreement for Jefferson Davis Park Page 15 of 15
EXHIBIT "A"
1/2-IRF DREW STREET
- - - - I I- —Apr— - - - FL-_�
/
20x20' P.O.S.E. 9,9�,.,4V•. ' I ' BILLY J. CLAY do '
CAB. A. SLIDE 858 I I I DAVID WALDEN I , 1 /
P.R.T.C.T. •.-••4.1• I DOG. No. 0208190945
uRJ�Q5 PLACE OF 1' n D.R.T.C.T. i I
5 I6 BEGINNING , I 1 /
'so 140 ESAIT. A" i I 30'
P85�RP TEMPORARY
[zj , WORKSPACE I i dGZ�� �• I I / / /
EASEMENT A"
0.170 ACRES
(7,424 SO. FT.)
o
A � / Q�A"
0 24' WIDE INGRESS/EG — SUDE 85
�
�'p.R.i.C•T•
ROUTE FOR CONSTRUCTION
W 3 PURPOSES, REFER TO
Z N SB-0
I SHEETS 5 do 6
1 / ,
1S °�
O • TX-TARR-TH54.00
°o CITY OF FORT WORTH
z� VOL. 798, PG. 184
D.R.T.C.T. W I I
LOT 1, BLOCK 1 R . i' 0'a
BLANTONS ADDITION z"� 1 30• /
CAB. A, SLIDE 858
P.R.T.C.T. p7 Ao A;PLACE OF I /
20x2D' P.os.E. BEGINNING a
CAB.A suOE 858 ESMT. "B"
P.R.T.C.T. I /
N 56'47'28' W I I X13y'y / Q�
60.12'
S 69 23'37' W
(CM) BOLT ST.
,I
TEMPORARY
WORKSPACE L E G E N D +�
EASEMENT "B"
1.033 ACRES _�—_-'- / / CM CONTROLLING MONUMENT
(45,006 SO. FT.) I t r r �� 4`4i�,�i IRF IRON ROD FOUND
Op Z/ /Ii�4� , IRS IRON ROD SET
M� --4 / ' / Q TEMPORARY WORKSPACE
1 1 E"''' EASEMENT
7.5' UTILITY EASEMENT 'i rt— 71
CAB.A. SLIDE 858 ~ NOTES:
P.R.T.C.T. I '� /
�_ ~-'j/ 7 (1)ALL BEARINGS SHOWN HEREON ARE
CORRELATED TO THE TEXAS STATE PLANE ZONE
,�~ ` / / COORDINATE 4202. NAD OF 19833. AS DERIV DBY BY FIELD
L18 / OBSERVATIONS UTILIZING THE RTK NETWORK
/ I ADMINISTRATED BY WESTERN DATA SYSTEMS.
s (2) TITLE INFORMATION PROVIDED BY
a I L 17-F� �"� TEXAS MIDSTREAM GAS SERVICES. L.L.C.
I 1j (3) THIS SURVEY WAS MADE ON THE GROUND
ON MARCH 29. 2009 UNDER THE DIRECTION
OF GREGG A.E. MADSEN. R.P.L.S. NO. 5798.
.n I
I 1 I , ,�. / (4) REFER TO THE ACCOMPANYING FIELD
u NOTES ATTACHED HERETO AND MADE A PART
1 a / THEREOF.
IL16' o�' / (5) SEE SHEET 2 FOR LINE & CURVE TABLE.
S 2 1 TAM REUSES SAVE 7 JLN X ® S
sx 1 9 T>NS TO NCLUOE SAVE t EXCEPT PORTION a111 MIDSTREAM
c[PROJECT 3 1 13 REVISED EASEMENT LAYOUT ,LI1 G A S S E R V I C E S
^Q DATE OESCNPAON Cm, O SW IIIAPTIST
S NO. TX-TARR-THSB-054.00 TEMPORARY WORKSPACE E WORTH 'A' t 'b'
563365 TARRANT MINTY. TEXAS
DRAVIN or RJH DAZE:a-W2= DWG. NO. REV.
SURVEYOR PREPARl1G THIS ExH101r:
Q CHECKED®Y DATE:O2-21-2011
Q 1MIEA 6 A880CUTl8, INC. �:I" " t00. t.. 1 OF 7 5
EXHIBIT "B"
DREW ST._
PI NE
TX-TARR-THSB-054.00 BILLY J. CLAY 6r
2D.20' P.O.S.E. CITY OF FORT WORTH � DAVID WALDEN
I
CAB. woE ,� DOC. Mm 0208190945
BSE VOL 798. PG. 184 0.11-T.C.T. i •
P.R.T.C.T. , ,
D.R T.C.T. ,a ,
LOT 1. BLOCK 1 R ;� ; ' e/ 7nNG
CONSTRUCTION
BLANTONS ADDITION
CAB. A. SLIDE 858 FENCRrG • / �. €
� P.R.T.C.T. PROPOSED
I
GATE
24' WIDE INGRESS/EGRESS 5► sz° / /MArrl /
ROUTE FOR CONSTRUCTION
PURPOSES CONSTRUCTION CAB.A. SLIDE am.*
C� MATTING i --- P.R.T.C.T.
'x`51 I (APPRO>c�y.Qanoµr_--_-_-_ . � � ♦
15' vnLTTY EASEMENT
''.. CAB.A. SLIDE 858.
[[� P.R.T.C.T. �y, �.
cv-
I PROPOSED,T' • ~.
GATE
24' WIDE INGRESS/EGRESS .�5
ROUTE FOR CONSTRUCTION
1 PURPOSES
A PE
CAIL SLIDE
i / �• ♦
P.R.T.C.T. ASPHALT PVMT #0 ` '
BOLT ST. 1 ` _-_, _ _ __- ♦ ' LEGEND •
a—a ss a _ -_ _ Q f CM CONTROLLING MONUMENT
PROPOSED RF RON ROD FOUND
GATE P'� , / v RS IRON ROD SET
H ♦/ / SAVE TREE TO BE SAVED
15' UTILITY EASEMENT
CAB.A. SLIDE 858. CONTRUCTION MATTING
P.R.T.C.T. I; � /� —X— CONTRUC710N FENCING
.y0 —W— WATER LINE
CONSTRUCTION ♦ Ear. . -SSA DRAIN S
., MATTING
CI f♦�}, �• • —OyHEE— OVOVRH AD ELECTRIC
' �� /. �•
It 0 WMH WATER MANHOLE
WM WATER METER
/Q a SSMH SAIL. SEVER MANHOLE
0 pp POWER POLE
I
a PP/T POIIER POLE TT TRANVOR ER
GUY GUY WIRE
o CI CURB INLET
I * AM. ELM AMERICAN ELM
CED. ELM CEDAR ELM HAD( HACKBERRY
C AB..A.7 A. SS EASEMENT I , / LACE LACE BARK ELM
CAB. dS6.
P.RT.C.T. : / CALDER W INCHES I I 2' TREE TYPE r r DIA. DRIP LINE
n + j
�I
NOTES 10.25
(1) TITLE WORMATION PROVIDED BY
$ TEXAS MIDSTREAM GAS SERVICES. L.L.C.
2)
THIS SURVEY WAS MADE ON THE GROUND
4 bN MARCH 29. 2009 UNDER THE DIRECTION
OF GREGG A.E. MADSEN. R.P.-S. In 5798.
5 2
TAN ADDED COIaT.E SAVED AND FD CM P Z t e x s JLH
4 1 ALS TINS To rlauoE SAYE t EXCEPT PoR ,aH MIDSTREAM
3 1 3 ALS KVSED EASDAMT LAYOUT iN G A • • E R V I C E 9
^Q DA OESQPIKMI CHK THORTON TO SW EIAPTIST
a PROJECT NO. TMEE t TOM ESwBIT
563366 TX-TARR-THSB-064.00 CITY OF FORT dEFFUtSON DAMS PMwt CDUNW. TEXAS
DRAWII Mr..RJR DA1E 0�-0i- DWG NO. REV.
swavaR PRESAwNG THIS E"w. CHEF 8T: DAlE:02-21-2011
WIeN E ASSOCIATES INC. 7 OF 7 5
ii / SCALE:1- . 1DD' APPS
EXHIBIT C
Damage to Trees; Remediation Costs
In the event of any damage to trees in connection with Company's operations, Company shall
comply with the following:
1. In General
The City Forester shall have the right to inspect any trees located on the Park for damage by
Company and, if applicable, will classify damage to trees as slight, moderate, or severe as
described below.
1.1 Standards for Measuring
Branches shall be measured at the point of attachment or at the lateral to which the branch would
be pruned back under ANSI standards. Tree caliper shall be measured according to accepted
industry standards. Trees greater than 6" in caliper shall be measured using diameter at breast
height(DBH).
2.1. Slight Damage:
Slight damage shall be defined as damage that, in the opinion of the City Forester, can be
reasonably anticipated to heal. Examples include, but are not limited to, (i) scarring of the trunk
into the cambial layer of up to 2" in width but less than 1/3 trunk circumference; and (ii)
breaking of limbs that are less than 2" in diameter and less than 1/3 of the trunk caliper.
Remediation costs shall be assessed at a rate of$100.00 for each instance of slight damage.
2.2. Moderate Damage:
Moderate damage shall be defined as damage that, in the opinion of the City Forester, can
reasonably be anticipated to contribute to poor health and slight to moderate reduction in
longevity of the tree. Examples include, but are not limited to, (i) scarring of the trunk into the
cambial layer greater than 2" in width but less than 1/3 trunk circumference ; and (ii) breaking of
limbs more than 2" in diameter but less than 1/3 of the trunk caliper.
Remediation costs shall be assessed for each instance of moderate damage at the following rates:
(i) for any tree that is more than 20 inches in caliper, the greater of:
(A) one—half of the estimated value of the tree or
(B) $300.00 per caliper inch;
(ii) for any tree that is less than 20 inches in caliper, $300.00 per caliper inch.
2.3. Severe Damage:
Seyere damage shall be defined as damage that, in the opinion of the City Forester, can
reasonably be anticipated to contribute to a severe reduction in longevity of the tree or otherwise
characterized as a catastrophic injury to the tree. Examples include, but are not limited to, (i)
scarring of the trunk to the cambial layer greater than 1/3 the trunk circumference; (ii) uprooting
a tree or causing a tree to lean; (iii) damage to a scaffolding branch or to a branch greater than
1/3 of trunk caliper; and (iv) removal of a tree.
Remediation costs shall be assessed for each instance of severe damage at the following rates:
(i) for any tree that is twenty-five (25) inches or less in caliper, the appraised value of the
tree;
(ii) for any tree greater than twenty-five (25) inches in caliper, twice the appraised value
of the tree.
3.1. Payment of Remediation Costs
Company shall make payment for any such damages and must plant replacement trees for
severely damaged trees at a location to be determined by the Parks and Community Services
Department. Replacement shall be made on caliper-inch-per-caliper-inch basis with a minimum
size replacement tree of 2" in caliper. Company shall be responsible for the planting watering,
mulching and maintenance of replacement trees for a period of not less than 2 years. Any tree
that does not survive the 2 year establishment period shall be compensated for by the Company
to the Parks and Community Services Department at a rate of$200 per caliper inch.
3.2. Applicability, of Tree Ordinance
Remediation costs assessed hereunder constitute contractual damages intended to compensate the
Parks and Community Services as property owner and have no bearing on whether or to what
extent any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning
Ordinance.
EXHIBIT "D" 1
1
SECTION 02830-SEEDING 1
PART 1 - GENERAL
1.01 DESCRIPTION
A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans.
B. Related Work Specified Elsewhere: Section 02300,Earthwork.
1.02 REFERENCE STANDARDS
A. Standardized'Plant Names
1. For exotic plant materials: American Joint Committee of Horticultural
Nomenclature, Second Edition, 1942. '
2. For native materials '
a. Manual of the Vascular Plants of Texas by Correll and Johnston
b. Check List of Vascular Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller '
B. Texas Highway Department: Standard Specifications for Construction,Item 164,
"Seeding for Erosion Control"and.Item 180, "Wildflower Seeding".
1.03 SUBMITTALS '
A. Seed
1. Vendors' certification that seeds meet Texas State seed law including:
a. Testing and labeling for pure live seed(PLS)
b. Name and type of seed '
2. If using native grass or wildflower seed, seed must have been harvested within one
hundred(100) miles of the construction site. '
3. All seed shall be tested in a laboratory with certified results presented to the City, in
writing,prior to planting.
4. All seed to be of the previous season's crop and the date on the container shall be
within twelve months of the seeding date. '
5. Each species of seed shall be supplied in a separate, labeled container for acceptance
by the City.
B. Fertilizer ,
1. Unopened bags labeled with the analysis ,
2. Conform to Texas fertilizer law
1.04 JOB CONDITIONS
A. Planting Season: The season varies according to species (see Part 2 - Products). Do not ,
seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. t
B. Schedule after all other constriction is complete.
SECTION 02930-SEEDING
C. Protect and Maintain Seeded Areas
I. From erosion
2. From traffic and all other use
3. Until seeding is complete and accepted
1.05 QUALITY CONTROL
The Developer/Contractor who plants the seeds is responsible for daily supervision of his crew,
and for the planting the seed and maintaining the seedlings until acceptable viable growth is
achieved and the project accepted by the City.
PART 2—PRODUCTS
2.01 MATERIALS
A. Seed
All seed shall be planted at rates based on pure live seed(PLS =purity x germination)per
acre.
Substitution of individual seed types due to lack of availability shall be determined only by
the City at the time of planting. The Developer/Contractor shall notify the City of
difficulties locating certain species. Only those areas indicated on the plans and areas
disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in
the field and approved by the City.
Weed seed shall not exceed 10 percent by weight of the total of pure live seed (PLS)and
other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed.
The seed shall be clean,dry and harvested within one year of planting.
1. Non-native grass seed shall consist of-
If planted between April 15 and September 10:
Lbs./Acre Common Name Scientific Name Purity Germination
25 Bermuda(unhulled) Cynodon dactylon 85% 90%
75 Bermuda(hulled) Cynodon dactylon 95% 90%
Substitute the following if planted between September 10 and April 15:
220 Rye Grass Lolium multiJlorum 82% 80%
40 Bermuda(unhulled) Cynodon dactylon 84% 85%
2 Native grass seed -The seed shall be planted between February I and October 1
and shall consist of.
Lbs. PLS/Acre Common Name Botanical Name
SECTION 02930-SEEDING
2.
16 Green Sprangletop Leptochloa dubta •
40 Sideoats Grama* Bouteloua curtipendula
64 Little Bluestem* Schizachyrium scoparium l/
200 Buffalograss Buchloe dactyloides
40 Indian Grass* Sorghastrum avenaceum
16 Big Top Lovegrass* Eragrostis hirsuta .
16 Weeping Lovegrass Eragrostts curvula
80 Canada Wild Rye* Elymus canadensis var.
canadensis
*These grasses are not to be planted within ten feet of a road or parking lot or
within three feet of a walkway.
3 Wildflower seed-All wildflower seeds are to be hand broadcast, (see 3.02,A).
The seed shall be planted between March 5 and May 31 or between September 1 i
and December 1 and shall consist of:
Lbs. PLS/Acre Common Name Botanical Name
10 Foxglove* Penstemon cobaea .
20 Lanceleaf Coreopsis Coreopsis lanceolata
50 Bluebonnet Luptnus texensis .
10 Pink Evening Primrose Oenothera speciosa
10 Purple Coneflower* Echinacea purpurea
20 Indian Blanket Gaillardia pulchella i
10 Mexican Hat Ratibida columnaris
3 Maximillian Sunflower* Helianthus maximiliana
10 Winecup Callirhoe involucrata
10 Lemon Mint* Monarda citriodora
*These wildflowers are not to be planted within ten feet of a road or parking lot or •
within three feet of a walkway.
f
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 f
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. IV
4. Mulch should contain no more than ten(10) percent moisture, air dry weight basis.
5. Additives shall include a binder in powder form.
6. Material shall form a strong moisture retaining mat.
SECTION 02930-SEEDNG
-3-
C. Fertilizer
1. All fertilizer shall be delivered in bags or containers clearly labeled showing the
analysis.
2. All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area.
3. Analysis of 16-20-0, 16-8-8,or as designated on the plans. Fertilizer rate:
a. No fertilizer is required for wildflower seeding.
b. Where applying fertilizer on newly established seeding areas—one hundred
(100)pounds of Nitrogen per acre.
C. Where applying fertilizer on established seeding areas—one hundred fifty
(15 0)pounds of Nitrogen per acre.
D. Water: Shall be furnished by the Developer/Contractor by means of temporary metering/
irrigation,water truck or by any other method necessary to achieve a viable acceptable
stand of turf as noted in 3.04.B.2. The water source shall be clean and free of industrial
wastes or other substances harmful to the germination of the seed or to the growth of the
vegetation. The amount of water will vary according to the weather variables. Generally,
an amount of water that is equal to the average amount of rainfall plus one half inch
(1/2")per week should be applied for approximately two to three weeks or until project is
accepted by the City.
E. Erosion Control Measures
1. For seeding application in areas up to 3:1 slope,use cellulose, fiber or recycled
paper mulch, (see 2.01, B. Mulch and 3.03).
2. For seeding application in areas 3:1 slope or greater,use the following soil
retention blanket(Follow the manufacturer's directions):
"Curlex I" from American Excelsior, 900 Ave. H East,Post Office Box 5624,
Arlington, Texas 76001, 1-800-777-SOIL.
2.02 MIXING
Seed,mulch, fertilizer and water may be mixed provided that:
1. Mixture is uniformly suspended to form a homogenous slurry.
2. Mixture forms a blotter-like ground.cover impregnated uniformly with grass seed.
3. Mixture is applied within thirty(30) minutes after placed in the equipment.
6
SECTION 02930-SF ED;\G
4
PART 3—EXECUTION ,
3.01 SEEDED PREPARATION
A. Clear Surface of All Materials, Such As: ,
1. Stumps, stones, and other objects larger than one inch. ,
2. Roots,brush,wire, stakes, etc. ,
3. Any objects that may interfere with seeding or maintenance.
B. Tilling ,
1. In all compacted areas till one(1) inch 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 inch(1/2")inside "drip line"
of trees. ,
C. Watering: Soil should be watered to a minimum depth of four inches within forty eight
(48)hours of seeding.
3.02 SEEDING ,
A. If Sowing Seed By Hand
1. Broadcast seed in two directions at right angles to each other.
2. Harrow or rake lightly to cover seed.
3. Never cover seed with more soil-than twice its diameter. ,
4. For wildflower plantings, scalp existing grasses to one inch, remove grass .
clippings, so seed can make contact with the soil.
B. Mechanically Seeding(Drilling): i
If mechanically seeding(drilling)the seed or seed mixture,the quantity specified shall be ,
uniformly distributed over the areas shown on the plans or where directed. All varieties .
of seed, as well as fertilizer, may be distributed at the same time provided that each
component is uniformly applied at the specified rate. Seed shall be drilled at a depth of
from one quarter(1/4") inch to three eighths(3/8") inch utilizing a pasture or rangeland
type drill. All drilling is to be on the contour. After planting, the area shall be rolled with .
a roller integral to the seed drill, or a corrugated roller of the "Cultipacker"type. All .
rolling of slope areas shall be on the contour.
3.03 MULCHING
A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be •
applied concurrently with fertilizer and seed, if desired.
B. Apply at the following rates unless otherwise shown on plans:
1. Sandy soils, flat surfaces - minimum 1,500 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.
SFCrIUN 02930- SEEDING •
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5. "Flat"and"sloping"surfaces will be shown on the plans if not visually obvious.
C. Apply within thirty(30)minutes after placement in equipment. Keep mulch moist, by
daily water application, if necessary:
1. For approximately twenty-one (21) days, or
2. Until seeds have germinated and have rooted in soil, (see 3.04. B.2) and project
has been accepted by the City.
3.04 MAINTENANCE AND MANAGEMENT
A. Includes 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 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
SFCTION 02930•SFEDNG
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EXHIBIT "E" ,
SECTION 02300-EARTHWORK
PART1 -GENERAL '
1.01 SCOPE: Work in this section includes furnishing all labor,materials, equipment, and services
required to construct, shape, and finish earthwork to the required lines,grades, and cross
sections as specified herein and on the plans.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. Section 02200- Site Preparation. ,
B. Grading Plan: Refer to plan sheets.
1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The
total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis '
only.
PART 2 -PRODUCTS
2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation, ,
unless separately designated,within the limits of the work. Unclassified excavation includes 11
all material encountered regardless of its nature or the manner in which it is to be excavated. 4
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2.02 UNCLASSIFIED FILL ,
A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native
materials removed in unclassified excavation, or similar imported materials, shall be
used insofar as practicable as unclassified fill. Properly deposited, conditioned, and
compacted fill is hereinafter referred to as "earth embankment."
B. Rock: Minor quantities of rock not greater than four inches in greatest dimension are
permissible in fill materials used to construct earth embankment. Minor quantities of
rock of greater dimensions may be placed in the deeper fills in accordance with the
State Department of Highways and Public Transportation requirements for construction
of rock embankments,provided such placement of rock is not immediately adjacent to
structures or piers. Also,rock may be placed in the portions of embankments outside
the limits of the completed graded width where the size of the rock prohibits their .
incorporation in the normal embankment layers.
2.03 'TOPSOIL - On-Site Topsoil: Topsoil shall consist of an average depth of six inches of native
surface soil left in place after the ground cover of herbaceous vegetation and other
objectionable matter has been cleared by "blading,"as specified in Section 02200, "Site
Preparation." Topsoil may be greater or less than the upper six inches (6") in depth. d
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EARTHWORK •
02300
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2.04 IMPORTED FILL
A. Imported fill materials shall be used for the construction of earth embankment in the
event that; (1) the volume of unclassified excavation is less than the volume of fill
required for earth embankment and/or; (2)the condition of materials removed in
unclassified excavation makes them unsuitable for use in the construction of earth
embankment.
B. The Developer/Contractor shall haul and place imported fill obtained from off-site
sources as necessary to construct the embankment and various other details of the
construction plans. All costs related to such imported fill will be included in the
contract price, and no additional or separate payment for imported fill will be due the
Contractor.
C. A sample of the proposed imported fill must be provided by the Developer/Contractor
and be approved by the Owner. In general, imported material must be equal to or better
than native material in quality and engineering characteristics. The Owner may also
require the Contractor to provided a material analysis test of the proposed fill.
R 2.05 SELECT MATERIALS
M
i 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.
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2.06 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
following conditions or matter and particles are present to a degree that is judged
detrimental to the proposed use of the material.
1. Moisture
2. Decayed or undecayed vegetation
3. Hardpan clay, heavy clay, or clay balls
4. Rubbish
5. Construction rubble
6. Sand or gravel
7. Rocks greater than one half inch(1/2") diameter
8. Cementious matter
9. Foreign matter of any kind
B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200.
C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of I
high moisture content, the Owner may grant the Developer/Contractor permission to
process the material to reduce the moisture content to a usable optimum condition. i
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EAR I'H WORK
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02300 ;
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PART 3-EXECUTION
3.01 SITE PREPARATION: In general, "site preparation," as specified in Section 02200, shall be ,
performed in advance of grading and earthwork operations and shall be completed over the ,
entire area of earthwork operations.
3.02 TOPSOIL ,
A. The removal and storage of topsoil shall occur after site preparation is complete and
before excavation and embankment construction begin. Likewise, topsoil will be ,
replaced after excavation and embankment construction are complete. ,
B. Removal: Topsoil shall be stripped to an average depth of six inches from areas where
excavation and embankment construction are planned. Topsoil may be obtained from
greater depths if it is uncontaminated by the substratum and it is of good quality, in the ,
opinion of the Owner. .
C. Storage- Topsoil shall be stored in stockpiles conveniently located to areas that will
later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in
locations approved by the Owner. Stored topsoil shall be kept separate from other ,
excavated materials and shall be protected from contamination by objectionable
materials that would render it unsuitable.
e
D. Timing: Topsoil will not be replaced (deposited) until construction activities are i
complete that would create undesirable conditions in the topsoil, such as ,
overcompaction or contamination. Trenching for items such as electrical-conduit and .
irrigation pressure lines must be complete before topsoil replacement may begin.
E. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, .
processed, compacted, and graded to leave a finished layer of topsoil not less than five i
inches in depth. Unless otherwise indicated,topsoil will be replaced over all areas of
earthwork (including slopes), except where pavement is planned.
F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine
grading will be accomplished with a weighted spike harrow, weighted drag, tractor box
blade, light maintainer, or other acceptable machinery. All particles of the finish grade
shall be reduced to less than one half inch (1-1/2") in diameter or they shall be removed. .
All rocks of one inch or greater shall also be removed. Grading operations and .
equipment will be such that topsoil does not become overcompacted. Bulldozer blades .
and front-end loader buckets are not acceptable devices for topsoil grading operations.
Final grading within five feet of constructed or installed elements shall be hand
raked.
G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in
plane, even in gradient (slope), uniform in surface texture, and of normal compaction.
Areas of loose granular pockets or of overcompacted soils are not acceptable and will .
be reworked. Finished areas will promote surface drainage and will be ready for ,
turfgrass planting.
EARTHWORK •
02300 .
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3.03 UNCLASSIFIED EXCAVATION
i
A. All excavated areas shall be maintained in a condition to assure proper drainage at all
times,and ditches and sumps shall be constructed and maintained to avoid damage to
the areas under construction. ,
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B. Surplus Material:
1. Surplus excavation is that quantity of material that may be left over after the
grading plan is executed, and all earthwork operations, including excavation,
embankment construction,topsoil replacement, and final grading, are
completed. Any other surplus material shall be disposed of as "waste" as
specified in Section 02200. All such cost for removal shall be considered as
incorporated into Earthwork costs
C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise
indicated on the plans, excavation in solid rock shall extend six inches below required
a
subgrade elevation for the entire width of the area under construction and shall be
backfilled with suitable materials as indicated on the plans.
3.04 EARTH EMBANKMENT
A. Earth embankment is defined as embankment composed of suitable materials removed
in unclassified excavation and/or imported fill. The construction of embankment
includes preparing the area-on which fill is to be placed and the depositing, ;
conditioning,and-compaction of fill material.
B. General: Except as otherwise required by the plans, all embankment shall be
constructed in layers approximately parallel to the finished grade of the graded area, and E
each-layer shall be so constructed as to provide a uniform slope as shown on the grading
plan. Embankments shall be constructed to correspond to the general shape of the
typical sections shown on the plans, and each section of the embankment shall
correspond to the detailed section or slopes established by the drawings. After
completion of the graded area, embankment shall be continuously maintained to its
finished section and grade until the project is accepted.
C. Preparation: Prior to placing any embankment, all preparatory operations will have
been completed on the excavation sources and areas over which the embankment is to
be placed. The subgrade shall be proof rolled to detect soft spots, which if exist, should
be reworked. Proof rolling shall be performed using a heavy pneumatc tired roller,
loaded dump truck, or similar piece of equipment weighing approximately 25 tons
except as otherwise specified for tree protection and areas inaccessible to vehicular
compactors. Stump holes or other small excavations in the limits of the embankments
shall be backfilled with suitable material and thoroughly tamped by approved methods
before commencing embankment construction. The surface of the ground, including
plowed, loosened ground, or surfaces roughened by small washes or otherwise, shall be
restored to approximately its original slope by blading or other methods, and, where j
EARTHWORK
02300 I
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indicated on the plans or required by the Owner, the ground surface, thus prepared,shall
be compacted by sprinkling and rolling.
D. Scarification: The surface of all areas and slopes over which fill is to be placed, other •
than rock,shall be scarified to a depth of approximately six 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.
E. Benching: Scarification is normally adequate for sloping surfaces. However, in certain .
cases where fill is to be placed against hillsides or existing embankment with slopes .
greater than 4:1,the Owner may direct the Developer/Contractor to key the fill material
to the existing slopes by benching. A minimum 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. .
F. 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 ,
area to be filled and shall be conditioned and compacted before the next higher layer of
fill is placed. Adequate drainage shall be maintained at all times.
G. Watering: At the time of compaction,the moisture content of fill material shall be such .
that the specified compaction will be obtained,and the fill will be firm,hard, and .
unyielding. Fill material which contains excessive moisture shall not be compacted
until it is dry enough to obtain the specified compaction.
H. Compacting: Each layer of earth fill shall be compacted by approved tamping or .
sheepsfoot rollers,pneumatic tire rollers,or o'dier mechanical means acceptable to the .
Owner. Hand-directed compaction equipment shall be used in areas inaccessible to
vehicular compactors.
I. Grading: Embankments shall be constructed in proper sequence and at proper i
densities for their respective functions. All embankment serves in one capacity
or another as subgrade(e.g., under topsoil, under concrete and asphalt pavement, .
under structures, etc.). Accordingly, the upper layer of embankment shall be
graded to within plus or minus 0.10 foot of proper subgrade elevation prior to
depositing topsoil, and prior to the construction of pavements, slabs,etc. .
3.05 DENSITY CONTROL
A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a
minimum of ninety percent(90%)of Standard Density ASTM D698 with plus four .
percent (4%) or minus two percentage(2%) points of optimum moisture content. .
B. Earth Embankment Under Structures and Pavement: The top six inches (6'� of natural
earth comprising the subgrade for structural slabs or for areas of pavement shall be
ninety five percent(95%) to ninety eight percent(98%) of Standard Density AST�1 .
EARTHWORK .
02300
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
embankment. After completion of the embankment,the Developer/Contractor shall prevent
excessive loss of moisture in the embankment by sprinkling as required. Loss of moisture in I
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 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or
damage to the subgrade. If any of the subgrade is rutted,damaged or displaced it shall be
restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02.
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END OF SECTION
E
EAR I I MO RK
02300
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City of Fort Worth, Texas
Mayor and Council Communication
r.OetSF}2tV}lf..%RCAF]SS13r'AItG�a��.w hk+. .z`Y+ _t tes,-3* is ..,♦ ..gem -<.a me._sJ.u<YYNAt�}'�.
COUNCIL ACTtOW Approved on 3122/2011
aerx�aMnae.eacrnnresau*r _e�^swe�szaa
DATE: Tuesday, March 22, 2011 REFERENCE NO.: L-15161
LOG NAME: 80JEFFERSON DAVIS PARK TEMP ACCESS AGREEMENT
SUBJECT:
Authorize Execution of a Temporary Access Agreement with Texas Midstream Gas Services, L.L.C. in the
Amount of$96,444.00 for Temporary Workspace and Allow Ingress and Egress Access on a Portion of the
Surface of Jefferson Davis Park (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Temporary Access Agreement with
Texas Midstream Gas Services, L.L.C. in the amount of$96,444.00 for Temporary Workspace and Allow
Ingress and Egress Access on a Portion of the Surface of Jefferson Davis Park.
DISCUSSION:
The Parks and Community Services Department (PACSD) has been approached by Texas Midstream
Gas Services, L.L.C. (TMGS) to request temporary workspace and to allow ingress and egress on a
portion of Jefferson Davis Park for the installation of a gas pipeline on abutting property.
The natural gas pipeline will be servicing the Thorton to Southwest Baptist pad sites. TMGS has
requested to use approximately 71,444 square feet of temporary workspace and access area within
Jefferson Davis 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 use of a drilling rig and TMGS has agreed to install and maintain a sound proof matting barrier
along the area where the drilling rig will be located and along the boundary of the temporary workspace
directly behind the affected lots on Townsend Drive.
As a condition of granting this agreement, staff is recommending that in lieu of requiring TMGS to restore
the abandoned portions of Gordon and Bolt Streets that are located in the park, the company be assessed
a mitigation fee of$1.00 per square foot of temporary workspace area plus a $25,000.00 fee for the use of
the park roads for access with the total combined fee being $96,444.00. In addition, TMGS will be
responsible for repairing and restoring the park to its previous condition or better. Staff has discussed this
proposal with TMGS and TMGS is agreeable to this assessment.
The funds generated from the park mitigation fees will be used to remove the abandoned road, restore the
underlying parkland and construct improvements at Jefferson Davis Park in compliance with the Parks
and Community Services Park Facility Development Guidelines.
Jefferson Davis Park is located in COUNCIL DISTRICT 9.
Logname: 80JEFFERSON DAVIS PARK TEMP ACCESS AGREEMENT Page I of 2
FISCAL INFORMATION / CERTIFICATION:
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 FROM Fund/Account/Centers
C282 466266 801929931300 $96,444.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
1. location map 2.pdf (Public)
Logname: 80JEFFERSON DAVIS PARK TEMP ACCESS AGREEMENT Page 2 of 2