HomeMy WebLinkAboutContract 42016 CITE' SECRETARY
CONTRACT NO. C4 rD--Q I (C2
NATURAL GAS PIPELINE LICENSE AGREEMENT
[ROCKWOOD GOLF (WEST)]
This NATURAL GAS PIPELINE LICENSE AGREEMENT ("Agreement") is
hereby made and entered into by and between the CITY OF FORT WORTH ("City"), a home
rule municipal corporation organized under the laws of the State of Texas and acting by and
through Susan Alanis, its duly authorized Assistant City Manager, and TEXAS MIDSTREAM
GAS SERVICES L.L.C. (`Company"), an Oklahoma limited liability company, acting by and
through Greg Floerke,Area Manager
The following statements are true and correct and constitute the basis upon which the
City of Fort Worth has executed Agreement.
A. Company wishes to construct a Pipeline for an approximate total distance of
1,657-feet within 20 foot right of way corridor for the transportation of Gas through a public park
known as Rockwood Golf Course Park. Because Company is not a public utility, as that term is
used in the City Charter and City Code, and because Company will not be providing services to
end user customers in the City, Company is not required to obtain a franchise from the City, but
is required to obtain the City's consent pursuant to a license agreement that sets forth the terms
and conditions under which Company may use the public park.
B. The City has reviewed Company's request and agrees to grant Company a license
to use a portion of the surface and subsurface of Rockwood Golf Course Park as set out in
Exhibit "A" in order to construct, operate and maintain a pipeline, on the terms and conditions
set forth herein, solely for the transportation of Gas and solely in accordance with the terms and
conditions of this Agreement.
Agreement
1. DEFINITIONS.
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
Affiliate shall mean any individual,partnership, association,joint stock company, limited
liability company, trust, corporation, or other person or entity who owns or
controls, or is owned or controlled by, or is under common ownership or control
with, the entity in question.
—Xg--r—eeiv tent shall mean the authorization issued to Company hereunder to use a portion of
OFFICIAL RECORD 1 public park known as Rockwood Golf Course in the location as set out in
CITY SECRETARY Exhibit "A" for (i) the construction, installation, maintenance and repair of
FT. WORTH, TX ompany's Pipeline; (ii) the use of such Pipeline for the transportation of Gas;
nd (iii) any other directly related uses of the Park, pursuant to and in accordance
with this Agreement.
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Natural Gas Pipeline License Agreement[Rockwood Golf Course West]
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Company shall mean Texas Midstream Gas Services, L.L.C., an Oklahoma limited
liability company, only and shall not include any Affiliate or third party.
City shall mean the area within the corporate limits of the City of Fort Worth, Texas and
the governing body of the City of Fort Worth, Texas.
Commission shall mean the Railroad Commission of Texas or other authority succeeding
to the regulatory powers of the Commission.
Customer shall mean any Person located, in whole or in part, within the City.
Director shall mean the Director of the City of Fort Worth's Parks and Community
Services Department("PACSD") or authorized representative.
Gas shall mean gaseous fuels such as natural gas, artificial gas, synthetic gas, liquefied
natural gas,manufactured gas, or any mixture thereof.
Park shall mean only that portion of the dedicated public park known as Rockwood Golf
Course as identified in Exhibit "A" of this Agreement, attached hereto and hereby
made a part of this Agreement for all purposes.
Person shall mean, without limitation, an individual, a corporation, a limited liability
company, a general or limited partnership, a sole proprietorship, a joint venture, a
business trust or any other form or business entity or association.
Pipeline shall mean that certain sixteen (16") nominal diameter pipeline for an
approximate total distance of 1,657 feet and other facilities approved by the
Director that are installed by Company in the Park in accordance with this
Agreement and pursuant to the rules and regulations of the Railroad Commission
of Texas.
2. GRANT OF RIGHTS.
2.1. General Use of Park for Provision of Gas.
Subject to the terms and conditions set forth in this Agreement and the City
Charter and ordinances, the City hereby grants Company a license to (i) erect, construct,
install and maintain the Pipeline over, under, along and across the Park and (ii) transport
Gas through the portions of its Pipeline in, under, and across the Park as depicted in
Exhibit "A". Company hereby acknowledges and agrees that this Agreement allows only
the transportation of Gas through the Park and does not allow Company to distribute, sell
or otherwise provide Gas to any Customer.
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2.2. Nonexclusive.
This Agreement and all rights granted to Company herein are strictly
nonexclusive. The City reserves the right to enter into and grant other and future licenses
and other authorizations for use of the Park to other Persons and entities in accordance
with applicable law and as the City deems appropriate; provided, however, that as to the
grant of subsequent licenses for use of the Park that is solely within the discretion of the
City, if a dispute arises as to priority of the use of the Park, the City will resolve such
dispute in a manner that does not result in unreasonable interference with Company's
operation of the Pipeline for the purposes provided for herein. This Agreement does not
establish any priority for the use of the Park by Company or by any present or future
licensees or other permit holders. In the event of any dispute as to the priority of use of
the Park, the first priority shall be to the public generally, the second priority to the City
in the performance of its various functions, and thereafter, as between licensees and other
permit holders, as determined by the City in the exercise of its powers, including the
police power and other powers reserved to and conferred on it by the State of Texas.
2.3. Other Permits.
This Agreement does not relieve Company of any obligation to obtain permits,
licenses and other approvals from the City or other regulatory agency necessary for the
construction, installation, maintenance or repair of Company's Pipeline or the
transportation of Gas through such Pipeline.
2.4. Bonds.
Prior to the commencement of any construction work in the Park, that requires a
cut, opening or other excavation, Company shall deliver to the City bonds executed by a
corporate surety authorized to do business in the State of Texas and acceptable to the City
in the proportional amount of the cost of work under the construction contract or
construction project that will be performed in the Park. The bonds shall guarantee (i)
satisfactory compliance by Company with all requirements, terms and conditions of this
Agreement and (ii) full payments to all persons, firms, corporations or other entities with
whom Company has a direct relationship for the performance of such construction,
maintenance or repairs.
If any such construction, maintenance and repair work is undertaken by a
contractor of Company, Company shall also require such contractor to deliver to
Company bonds executed by a corporate surety authorized to do business in the State of
Texas and acceptable to the City in the proportional amount of the cost of work under the
construction contract or construction project that will be performed by the contractor in
the Park. The bonds shall guarantee (i) the faithful performance and completion of all
construction, maintenance or repair work in accordance with the contract between
Company and the contractor and (ii) full payment for all wages for labor and services and
of all bills for materials, supplies and equipment used in the performance of that contract.
Such bonds shall name both the City and Company as dual obligees.
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3. TERM
This Agreement shall become effective on the date as of which both parties have
executed it ("Effective Date") and shall expire at 11:59 P.M. CST twenty (20) years from the
last date of notarial acknowledgement on this Agreement unless terminated earlier as provided
herein.
4. FEES AND PAYMENTS TO CITY.
4.1. License Use Fee.
On or prior to the Effective Date, Company shall pay the City as compensation
for its use of the Park for the Term of this Agreement the sum of$78,293.25 ("License
Fee"). Company hereby acknowledges and agrees that the amount of this License Fee is
non-refundable and constitutes just and reasonable compensation to the City for
Company's use of the Park.
4.2. Other Payments.
In addition to the License Fee, Company shall pay the City all sums which may be due
for property taxes, license fees, permit fees, or other taxes, charges or fees that the City
may from time to time impose on all other similarly situated entities within the City.
Company shall reimburse the City for publication of this Agreement as required by the
City's Charter.
4.3. Interest.
All sums not paid when due shall bear interest at the rate of ten percent (10%)per
annum or the maximum amount allowed by law, whichever is less, computed monthly. If
such outstanding sums are paid with interest within thirty (30) days following their
respective due dates, Company's failure to pay such sums by their respective due dates
shall not, in and of itself, constitute an Event of Default under Section 9 of this
Agreement.
5. REGULATORY AUTHORITY OF THE CITY.
Company's property and operations hereunder shall be subject to such regulation by the
City as may be reasonably necessary for the protection or benefit of the general public.
Company is obligated to construct, operate and maintain the Pipeline pursuant to the rules and
regulations as adopted and modified by the Texas Railroad Commission and in this connection
Company shall be subject to, governed by and shall comply with all applicable federal, state„
and local laws, including all ordinances, rules and regulations of the City, as same may be
adopted and amended from time to time.
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6. USE OF THE PARK.
6.1 Construction Schedule
6.1.1. Pre-Construction Notice and Meeting Requirements. Company shall
have the ability to select the date on which the Construction shall commence, provided,
however, that: Company shall notify the PACSD within 5 days in advance of the
proposed Construction start date and shall meet with appropriate City staff for the
purposes of a Pipeline pre-construction meeting not less than three (3) days prior to
initiating construction. The pre-construction meeting shall include, but not be limited to,
information regarding the restoration of areas disturbed.
6.1.2. Completion of Construction. All Construction of the Pipeline and work
associated with the pipeline shall be completed within nine (9) months from the date this
Agreement is signed by the City. Company will complete all Construction within a
ninety (90) period. Should Company determine additional time is required to complete
Construction; Company may request and City agrees to grant one (1) thirty (30) day
extension to the Construction period. Construction shall include restoration of the Park.
Company shall provide ground cover approved by PACSD of all disturbed areas which
may include a combination of straw, seeding, sod or other materials. The completion
deadline will be extended; day for day, for each day Company's construction is delayed
under Sections 6.1.3, 6.1.4., and 20 of this Agreement. Failure to complete
construction in accordance with the schedule described above shall be deemed an
Event of Default and be subject to the terms in section 10.1 of this Agreement.
6.1.3. City Construction in Park. After the notice of commencement of
construction as indicated in 6.1.1, the City shall notify Company not less than five (5)
business days after its receipt of Company's notification of City plans to construct on the
surface of Park that may conflict with Company's construction schedule. In order to
avoid any conflict with proposed construction by the City, its agents, licensee or invitees,
Company agrees to delay its construction for a period not to exceed ten (10) business
days, and City agrees to coordinate the inclusion of Company's construction
requirements in overlapping areas of need.
6.1.4. Park Events. After the notice of commencement of construction as
indicated in 6.1.1, the City shall notify Company, not less than five (5) business days
after its receipt of the Company's notification, of planned events in the Park that may
conflict with Company's construction schedule. In order to avoid any conflict with the
planned event Company agrees to schedule its construction to accommodate such event
and City agrees to coordinate the inclusion of Company's construction requirements in
overlapping areas of need.
6.2. Compliance with Laws, Ordinances, Rules and Regulations.
The City has the right to control and regulate the use of the Park, public places
and other City-owned property and the spaces above and beneath them. Company shall
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comply with all applicable laws, ordinances, rules and regulations, including, but not
limited to City ordinances, rules and policies related to construction permits, construction
bonds, permissible hours of construction, operations during peak traffic hours,
barricading requirements and any other construction rules or regulations that may be
promulgated from time to time.
6.3. No Undue Burden.
The Pipeline shall not be erected, installed, constructed, repaired, replaced or
maintained in any manner that places an undue burden on the present or future use of the
Park by the City and the public. If the City reasonably determines that the Pipeline does
place an undue burden on any portion of the Park, Company, at Company's sole cost and
expense and within a reasonable time period specified by the City, shall modify the
Pipeline or take other actions determined by the City to be in the public interest to
remove or alleviate the burden.
6.4. Minimal Interference.
Company will make all reasonable planning to minimize harm to the Park and
shall comply with conditions as set forth below:
6.4.1. The Pipeline will be constructed by open trench or boring method in the
areas of the Park indicated on Exhibit `B". No other surface excavation or tree
disturbance shall be permitted on the Park except where specified.Prior to construction
Company will provide still photographs or video media of trees to be protected as
identified at the preconstruction meeting. Tree protection fencing where required shall be
orange vinyl temporary fencing or chain link temporary fencing as determined by the
City Forester and as indicated in Exhibit B and shall be set at the critical root zone of the
trees identified for protection during the preconstruction meeting by the City Forester.
Once the tree protection fencing has been installed Company shall schedule a field
inspection with PACSD to verify the location and installation of the fencing. Damage to
trees shall be assessed as described in Section 6.7.
6.4.2 All open trenches and work areas are to be fenced with orange vinyl
fencing. The fencing shall be installed along the perimeter boundaries of temporary
construction workspace. The orange vinyl fencing shall remain in place until such time
the site is restored as provided in this Agreement and when such restoration made by the
Company has been inspected and accepted by the Director. All boring shall be at a
minimum of ten (10) feet unless otherwise specified in Exhibit `B". For all open
trenches, for the Park, the pipe shall be buried a minimum of ten (10) feet from the top of
the Pipeline unless otherwise agreed to in Exhibit `B". The City shall have the right, but
not the obligation to have an inspector, present to verify the buried depth of the Pipeline.
6.4.3. Work Areas. Company shall specify work areas prior to construction and
survey and stake said areas, notating the centerline and boundaries of the work areas as
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agreed upon at the pre-construction meeting held in accordance with section 6.1.1.
Travel outside of the designated areas shall not be permitted. Any equipment to be stored
in the work area must be approved by the Director or designee.
6.4.4. _Trench Com action. Trenches shall be compacted to 90% Standard
Proctor Density (S.S.T.M. D698). Copies of all density testing shall be provided to a
PACSD agent. During initial construction, the trenching shall be performed by double-
ditching, with the top twelve inches (12") of soil being separated from the balance of the
dirt removed in making the ditch or trench for installation of the Pipeline see Exhibit D..
In backfilling, after installation of the Pipeline, the topsoil first removed shall be used as
cover soil in such a manner so as to result in it being returned to the top of the ditch as
topsoil. Company shall verify in writing that the compaction was done in accordance with
the above requirements(see exhibit C)
6.4.5. Ingress and Egress. Any access gates used by Company shall either
remain locked at all times or, when opened for use by Company, be manned for security
purposes. Company temporary access and turn around needs shall be agreed upon and
staked during the preconstruction meeting.
Company shall be required to provide protection of all trees within fifty feet (50')
any access drive to be utilized by Company for the Pipeline construction, prior to and
during construction. Company is to maintain and restore the utilized access drives to as
good as or better than existed before Company's construction activity. The width of the
travel lane shall not exceed twenty (20) feet, as outlined on the attached Exhibit `B".
PACSD shall inspect the drive after its construction and prior to its use to ensure
compliance with the plan agreed upon at the preconstruction meeting held in accordance
with section 6.1.1. Orange mesh fencing shall be established at the critical root zone.
6.4.6. Equipment. The area defined as a temporary workspace for
equipment, storage of pipe and as a route of ingress and egress for vehicles shall be
approved at the pre-construction meeting as contemplated in Section 6.1.1. Equipment to
be stored on the Park must be cleared in advance with the Director.
6.4.7. Equipment Travel. All equipment shall remain within the license area of
the Park. Travel outside of such designated areas shall not be permitted. All access travel
ways and easements shall be fenced in with orange vinyl fencing. Such fencing shall
remain in place at all times during the construction and restoration period. Pursuant to the
terms of this Agreement, upon completion of construction, any damage from Company
activity to cable fences and ground disturbance shall be repaired or replaced in as good or
better condition than existed prior to Company construction activity in the Park.
Provided however, Company shall immediately notify City of any damage during
construction to utilities used to service the Park. Upon notification PACSD shall
determine the method of repair and Company shall immediately repair and restore the
disturbed area to as good or better condition that existed prior to the Company's
construction activity in the Park.
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6.4.8. Tracer Wire. The Company shall have the right to lay tracer (tracking)
wire on the Park to locate the pipeline during construction.
6.4.9. Temporary Fencing. The fencing shall be installed along the perimeter
boundaries of all bore pit areas, travel ways, temporary workspace and any storage areas.
6.4.10. Vegetation Requirements. Company will replant, reseed and water any
area disturbed by the construction of the Pipeline as many times as necessary until a stand
of grass is in place which is comparable to that which was originally in place, before the
disturbance. The grass shall have an established root system which shall be approved and
accepted by the Director or designee. Restoration of surface areas disturbed shall be
seeded and maintained according to the specifications in Exhibit "C"; Company shall
stockpile any and all excavated soil from the Pipeline construction and shall place said
soil in the areas to be reseeded. Importing of outside soil shall not be allowed. Company
will water each disturbed area as many times as necessary until a stand of grass
comparable to that which was originally in place before the disturbance.
6.4.11. Surface Monitoring for Release of Fluids
Company or Company's contractor will monitor drilling mud pressures. At least
one employee will walk the length of the bore/horizontal directional drill during actual
drilling activity to monitor for any signs of drilling mud ebbing to the ground surface.
The individual(s) will notify the crew foreman and the Company construction
supervisor of any signs of drilling mud ebbing to the ground surface. The Company
shall contact the Director and notify them of the release and coordinate with the director
on plan of action. The Company shall be allowed access to the park for containment of
the release. At all times during boring operations Company will have on site hard
copies of the Material Safety Data Sheets and the appropriate storm drain grid maps of
and storm drain sheets at each bore/horizontal directional drill location Sufficient
materials will be maintained on site to protect against drilling mud or other fluids from
entering the drainage system. Company will perform testing in the area of the release as
required by the Director.
6.5. Emergency Procedures.
6.5.1. For purposes of this Section, a public emergency shall be any condition
which, in the opinion of the officials specified herein, poses an immediate threat to life,
health or property and is caused by any natural or man-made disaster, including, but not
limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous
materials spills. In the event of a public emergency, the City shall have the right to take
whatever action is deemed appropriate by the City Manager, Mayor, Police Chief or Fire
Chief, or their authorized representatives, including, but not limited to, action that may
result in damage to the Pipeline, and Company hereby (i) releases the City, its officers,
agents, servants, employees and subcontractors from liability or responsibility for any
Damages, as defined in this Agreement, that may occur to the Pipeline or that Company
may otherwise incur as a result of such a response, and (ii) agrees that Company, at
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Company's sole cost and expense, shall be responsible for the repair, relocation or
reconstruction of all or any of its Pipeline that is affected by such action of the City.
In responding to a public emergency, the City agrees to comply with all local, state and
federal laws, including any requirements to notify the Texas One Call System, to the
extent that they apply at the time and under the circumstances. In addition, if the City
takes any action that it believes will affect the Pipeline, the City will notify Company as
soon as practicable so that Company may advise and work with the City with respect to
such action.
6.5.2. The Company shall maintain written emergency response plans pursuant
to 49 C.F.R. § 192.615.
6.5.3. In the event of an emergency directly that involves that portion of the
Pipeline located in the Park and necessitates immediate emergency response work on or
repairs, Company may initiate the emergency response work or repairs or take any action
required under the circumstances provided that Company notifies the City as promptly as
possible. After the emergency has passed, Company shall apply for and obtain any
applicable federal, state and local permits, as may be adopted and amended from time to
time for the emergency work and otherwise fully comply with the requirements of this
Agreement.
6.6. Surface Repairs Due to Company Activity.
Upon completion of construction activity, Company, at Company's sole cost and
expense, and in a manner approved by the City, shall promptly restore any portion of the
Park, Public Rights of Way, or other City-owned property that are in any way disturbed
or damaged by the construction, operation, maintenance or removal of any of the Pipeline
to, at Company's option, as good as or better a condition as such property was in
immediately prior to the disturbance or damage. Unless otherwise specified in this
Agreement or by the City, Company shall diligently commence such restoration within
thirty (30) calendar days following the date Company first became aware of the
disturbance or damage or, if the Pipeline is being removed, within thirty (30) calendar
days following such removal. All materials for restoration of the Park shall be inspected
and approved by the Director or designee prior to placement. Such soil and grass shall
have all supporting documentation certifying the quality meets or exceeds specifications
required pursuant to the specifications attached in Exhibit "C". All such planting
material shall be inspected by the Director or designee prior to installation. Company
will water each disturbed area as many times as necessary until a stand of grass
comparable to that which was originally in place before the disturbance. Surface areas to
be restored shall be determined by the Director or designee. In the event of a spill,
Company shall immediately notify the City and coordinate with the Director or designee
the removal of any and all contaminated soil from the property in accordance with all
applicable state and federal laws.
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6.7. Damage to Trees During Construction,Maintenance or Repair.
In the event of any damage to trees during the construction, maintenance or repair of the
Pipeline Company shall comply with the following:
6.7.1 The City Forester shall have the right to inspect any trees located on the
Park for damage by Company and if applicable may inspect trees for slight, moderate or
severe damage as described below.
6.7.1.1. Slight Damage:
Slight damage shall be defined as damage, in the opinion of the City Forester, that
may heal, examples include but are not limited to scaring of the trunk into the
cambial layer 1/2" to 2" in width but less than 1/3 trunk circumference or breaking
of limbs less than 2" in diameter or limbs less than 1/3 trunk caliper whichever is
less. Slight damage to tree(s) shall be assessed at a rate of. $100.00 for each
instance of slight damage to tree(s).
6.7.1.2. Moderate Damage:
Moderate damage shall be defined as damage, in the opinion of the City Forester,
that contributes to the poor health and reduced longevity of the tree, examples
include but are not limited to scaring of the trunk into the cambial layer greater
than 2" but less than 1/3 the trunk circumference or breaking of limbs more than
2" in diameter but less than 1/3 trunk caliper. Moderate damages shall be
calculated at a rate of 1/2 the assessed value of the tree per each instance of
damage.
6.7.1.3. Severe Damage:
Severe damage shall be defined as damage, in the opinion of the City Forester,
that shall include but is not limited to scaring of the trunk to the cambial layer
greater than 1/3 the trunk circumference, uprooting or causing a tree to lean,
damage to a scaffolding branch or branch greater than 1/3 of trunk caliper or
removal of a tree. Branches shall be measured at the point of attachment or at the
lateral to which the branch would be pruned back to according to ANSI standards.
Trees caliper shall be measured according to accepted industry standards. Trees
greater than 6" in caliper shall be measured using diameter at breast height
(DBH). Severe damage or removal of trees is subject to a penalty of$200.00 per
diameter inch of trees removed or damaged for trees less than 30" in caliper,
$400.00 per diameter inch of trees 30" caliper or greater.
6.7.2. Company shall make payment for any such damages and must plant
replacement trees for severely damaged trees at a location to be determined by PACSD.
Replacement shall be made on caliper inch per caliper inch basis with a minimum size of
replacement tree of 2" in caliper for trees damaged or removed less than 30" DBH and 2"
per inch on trees 30" DBH or greater. Company shall be responsible for the planting
watering, mulching and maintenance of replacement trees for a period of not less than 2
years. Replacement trees will be planted during the optimal planting season as
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determined by the City Forester. Any tree that does not survive the 2-year establishment
period shall be compensated for by the contractor to PACSD at a rate of$200 per caliper
inch.
6.7.3. In addition to damages assessed by PACSD, trees removed shall also be
subject to the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance.
6.8. "As-Built" Plans and Maps.
Company, at Company's sole cost and expense, shall provide the City (all
applicable departments) with as-built plans of all portions of the Pipeline located in the
City and the City's extraterritorial jurisdiction and maps showing such Pipeline within
ninety (90) calendar days following the completion of such Pipeline. Company shall
supply the textual documentation of such as-built plans and maps in computer format as
requested in writing by the City and shall otherwise fully cooperate with the City in
ensuring that the Pipeline is accurately reflected in the City's mapping system.
6.9. Specifications of the Pipeline.
The Company shall erect, install, construct, repair, replace and maintain the
Pipeline and pursuant to the rules and regulations promulgated by the U.S. Department of
Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations,
Section 192 and as adopted and modified by the Texas Railroad Commission. The
Pipeline shall not exceed a nominal diameter of sixteen (16) inches and a right of way
width of no more than 1,657 feet throughout the entire length of the Park.
6.10. Marking of Pipeline.
The Pipeline shall be marked pursuant to the rules and regulations promulgated by
the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the Code
of Federal Regulations, Section 192 and as adopted and modified by the Texas Railroad
Commission, which shall show conspicuously Company's name and a toll-free telephone
number of Company that a person may call for assistance.
6.11. Surface Excavation and Additional Fees.
The City shall have the right to coordinate all excavation work in the Park in a
manner that is consistent with and convenient for the implementation of the City's
program for public dedicated open space. In order to preserve the integrity of the Park,
Company shall not cut, excavate or otherwise breach or damage the surface of the Park
except as permitted under the terms of this Agreement.
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6.12. Relocation of Pipeline.
Within forty-five (45) calendar days following a written request by the City,
Company, at Company's sole cost and expense, shall protect, support, disconnect or
relocate to another portion of the Park all or any portion of its Pipeline due to street or
other public excavation, construction, repair, grading, re-grading or traffic conditions; the
installation of sewers, drains, water pipes or municipally-owned facilities of any kind; the
vacation, construction or relocation of streets or any other type of structure or
improvement of a public agency; any public work; or any other type of improvement
necessary, in the City's sole discretion, for the public health, safety or welfare. If
Company reasonably requires more than forty-five (45) days to comply with the City's
written request, it shall notify the PACSD in writing and the City will work in good faith
with Company to negotiate a workable time frame.
6.13. Removal of Pipeline.
Upon the revocation, termination or expiration without extension or renewal of
this Agreement, Company's right to use the Park under this Agreement shall cease and
Company shall immediately discontinue the transportation of Gas in or through the Park.
Within six (6)months following such revocation, termination or expiration and if the City
requests, Company, at Company's sole cost and expense, shall cap and leave the Pipeline
in place in accordance with applicable laws and regulations. If Company has not capped
the Pipeline within six (6) months following revocation, termination or expiration of this
Agreement, the City may deem any portion of the Pipeline remaining in the Park
abandoned and, at the City's sole option, (i) take possession of and title to such property
or (ii) take any and all legal action necessary to compel Company to remove such
Pipeline; provided, however, that Company may not abandon its facilities or discontinue
its services within the City without the approval of the Commission or successor agency
or any other regulatory authority with such jurisdiction.
Within six (6) months following revocation, termination or expiration of this
Agreement and in accordance with Section 10 of this Agreement, Company shall also
restore any property, public or private, that is disturbed or damaged by removal (or, if
consented to by the City, capping and leaving in place) of the Pipeline. If Company has
not restored all such property within this time, the City, at the City's sole option, may
perform or have performed any necessary restoration work, in which case Company shall
immediately reimburse the City for any and all costs incurred in performing or having
performed such restoration work.
Natural Gas Pipeline License Agreement[Rockwood Golf Course West]—Page 12 of 25
TX-TARR-PASO-006.00
7. LIABILITY AND INDEMNIFICATION.
7.1. Liability of Company.
Company shall be liable and responsible for any and all damages, losses,
liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands,
defenses,judgments, lawsuits, proceedings, costs, disbursements or expenses (including,
without limitation, fees, disbursements and reasonable expenses of attorneys, accountants
and other professional advisors and of expert witnesses and costs of investigation and
preparation) of any kind or nature whatsoever (collectively "Damages"), which may
arise out of or be in any way connected with (i) the construction, installation, operation,
maintenance or condition of the Pipeline or any related facilities or appurtenances; (ii) the
transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work,
labor, materials or supplies provided or supplied to Company, its contractors or
subcontractors; or (iv) Company's failure to comply with any federal, state or local law,
ordinance, rule or regulation, except to the extent directly caused by the negligent or
grossly negligent act(s) or omission(s) or intentional misconduct of the City.
COMPANY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY
FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF
ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH ITS USE OF THE PARK UNDER THIS AGREEMENT OR
WITH THE USE, MAINTENANCE, OCCUPANCY, EXISTENCE OR LOCATION
OF THE PIPELINE, EXCEPT TO THE EXTENT CAUSED SOLELY BY THE
NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY.
7.2 Indemnification.
COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL
INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS,
COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS
("INDEMNITEES'), FROM AND AGAINST ANY AND ALL DAMAGES,
INCLUDING LOST REVENUES, WHICH MAY ARISE OUT OF OR BE IN ANY
WAY CONNECTED WITH (I) THE CONSTRUCTION, INSTALLATION,
OPERATION, MAINTENANCE OR CONDITION OF THE PIPELINE OR ANY
RELATED FACILITIES OR APPURTENANCES, (II) THE TRANSPORTATION
OF GAS THROUGH THE PIPELINE; (III) ANY CLAIM OR LIEN ARISING OUT
OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO
COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (Iii COMPANY'S
FAILURE TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW,
ORDINANCE, RULE OR REGULATION, EXCEPT TO THE EXTENT DIRECTLY
CAUSED BY THE NEGLIGENT ACTS) OR OMISSIONS) OR INTENTIONAL
MISCONDUCT OF THE CITY.
Natural Gas Pipeline License Agreement lRockwood GolfCourse West —Page 13 ol'25
TVTARR-PASO-006.00
7.3 Assumption of Risk and Environmental Remediation.
COMPANY HEREBY REPRESENTS TO THE CITY THAT (i) COMPANY HAS
FULLY INSPECTED THE PARK, (ii) COMPANY IS SATISFIED WITH THE
CONDITION OF THE PARK;AND NO COMPANY HAS BEEN FULLY ADVISED
OF ITS OWN RIGHTS WITHOUT RELIANCE UPON ANY REPRESENTATION
MADE BY THE CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, COMMISSIONS, BOARDS OR
VOLUNTEERS. COMPANY HEREBY UNDERTAKES AND ASSUMES, FOR AND
ON BEHALF OF COMPANY, ITS OFFICERS, AGENTS, CONTRACTORS,
SUBCONTRACTORS AND EMPLOYEES, ALL RISK OF DANGEROUS
CONDITIONS,IFANY, ON OR ABOUT THE PARK.
ALTHOUGH, TO THE BEST OF THE CITY'S KNOWLEDGE, THE PARK
COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
ENVIRONMENTAL LAWS AND REGULATIONS (COLLECTIVELY
"ENVIRONMENTAL LAWS'% THE CITY DOES NOT WARRANT SUCH.
COMPANY HEREBY COVENANTS AND AGREES THAT COMPANY,AT ITS SOLE
COST AND EXPENSE, SHALL BE FULLY RESPONSIBLE FOR THE VIOLATION
OF ANY ENVIRONMENTAL LAWS CAUSED, IN WHOLE OR IN PART, BY
COMPANY,ITS OFFICERS,AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS OR INVITEES, AND ANY REMEDIATION THAT MAY BE
REQUIRED AS A RESULT OF SUCH VIOLATION,
CAUSED BY THE CITY. CEPT TO THE EXTENT
Y.
7.4. Defense of Indemnitees.
In the event any action, lawsuit or other proceeding is brought against any
Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder,
the City shall give Company prompt written notice of the making of any claim or
commencement of any such action, lawsuit or other proceeding, and Company, at
Company's sole cost and expense, shall resist and defend the same with reasonable
participation by the City and with legal counsel selected by Company and specifically
approved by the City. In such an event, Company shall not admit liability in any matter
on behalf of any Indemnitee without the advance written consent of the City.
8. INSURANCE.
Company shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance to provide coverage as specified herein, naming the City as an
additional insured and covering all public risks related to the use, occupancy, condition,
maintenance, existence or location of the Park and the construction, installation, operation,
maintenance or condition of the Pipeline, including the transportation of Gas through the
Pipeline. The required insurance can be met by a combination of self-insurance, primary
and excess policies.
Natural Gas Pipeline License Agreement lRockwood Golf course West)—Page 14 of 25
TX-TARR-PASO-006.00
8.1. Primary Liabilitv Insurance Coverage.
• Commercial General Liability:
$1,000,000 per occurrence, including coverage for the following: (i) Premises
Liability; (ii) independent contractors; (iii) products/completed operations; (iv)
personal injury; (v) contractual liability; (vi) explosion, collapse and
underground property damage.
• Property Damne Liability:
$10,000,000 per occurrence
• Automobile Liability:
$1,000,000 per accident,
including, but not limited to, all owned, leased, hired or non-owned motor
vehicles used in conjunction with the rights granted under this Agreement
• Worker's Compensation:
As required by law; and,Employer's Liability as follows:
$1,000,000 per accident.
8.2. Revisions to Required Coveraue.
At the reasonable recommendation of the City's Risk Manager, the City may at any
time revise insurance coverage requirements and limits required by this Agreement.
Company agrees that within thirty (30) days of receipt of written notice from the City,
Company will implement all such revisions requested by the City. The policy or policies of
insurance shall be endorsed to provide that no material changes in coverage, including, but
not limited to, cancellation, termination, non-renewal or amendment, shall be made without
thirty(30)days' prior written notice to the City.
8.3. Underwriters and Certificates.
Company shall procure and maintain its insurance with underwriters authorized to
do business in the State of Texas and who are acceptable to the City in terms of solvency
and financial strength. Within thirty (30) days following adoption of this Agreement by the
City Council, Company shall furnish the City with certificates of insurance signed by the
respective companies as proof that it has obtained the types and amounts of insurance
coverage required herein. In addition, Company shall, on demand, provide the City with
evidence that it has maintained such coverage in full force and effect.
Natural Gas Pipeline License Agreement lRockwood Golf course Westl—Page 15 of25
TX-TARR-PASO-006.00
8.4. Deductibles.
Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed $1,000,000 in the annual aggregate unless the limit per occurrence or per
line of coverage, or aggregate is otherwise approved by the City.
8.5. No Limitation of Liabilitv.
The insurance requirements set forth in this Section 8 and any recovery by the City
of any sum by reason of any insurance policy required under this Agreement shall in no way
be construed or affected to limit or in any way affect Company's liability to the City or other
persons as provided by this Agreement or law.
9. DEFAULTS.
The occurrence at any time during the term of this Agreement of one or more of the
following events shall constitute an `Event of Default" under this Agreement:
9.1. Failure to Pav License Fee.
An Event of Default shall occur if Company fails to pay any License Fee on or
before the respective due date.
9.2. Breach.
An Event of Default shall occur if Company materially breaches or violates any
of the terms, covenants, representations or warranties set forth in this Agreement or fails
to perform any obligation required by this Agreement.
9.3. Bankruptcy, Insolvency or Receivership.
An Event of Default shall occur if Company (i) files a voluntary petition in
bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any
petition filed against it seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief for itself under any laws relating to
bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in
the appointment of any trustee, receiver, master, custodian or liquidator of Company, any
of Company's property or any revenues, issues, earnings or profits thereof; (v) makes an
assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as
they become due.
Natural Gas Pipeline license Agreement lRockwood Golf-Course Westl—Page 16 of25
TX-TARR-PASO-006.00
9.4. Violations of the Law.
An Event of Default shall occur if Company violates any existing or future federal,
state, or local laws, ordinances,rules and regulations of the City.
9.5 Failure to ComDlete Construction
An Event of Default shall occur if Company fails to complete construction of the
Pipeline in accordance with section 6.1.2.
10. UNCURED DEFAULTS AND REMEDIES.
10.1. Notice of Default and Opportunity to Cure.
If an Event of Default occurs on account of Company's failure to pay the License
Fee in accordance with Section 9.1, such Event of Default shall be deemed an Uncured
Default and the City shall have the right to terminate this Agreement immediately upon
provision of written notice to Company. If an Event of Default occurs for a reason other
than for failure to pay the License Fee, the City shall provide Company with written
notice and shall give Company the opportunity to cure such Event of Default. For an
Event of Default which can be cured by the immediate payment of money to the City,
Company shall have thirty (30) days from the date it receives written notice from the City
to cure the Event of Default. For any other Event of Default, Company shall have sixty
(60) days from the date it receives written notice from the City to cure the Event of
Default. If any Event of Default is not cured within the time period specified herein, such
Event of Default shall, without further notice from the City, become an "Uncured
Default"and the City immediately may exercise the remedies provided in Section 10.2.
10.2. Remedies for Uncured Defaults.
Upon the occurrence of an Uncured Default, the City shall be entitled to exercise,
at the same time or at different times, any of the following remedies, all of which shall be
cumulative of and without limitation to any other rights or remedies the City may have:
10.2.1.Termination of Agreement.
Upon the occurrence of an Uncured Default, the City may terminate this
Agreement. Upon such termination, Company shall forfeit all rights granted to it
under this Agreement and, except as to Company's unperformed obligations and
existing liabilities as of the date of termination, this Agreement shall
automatically be deemed null and void and shall have no further force or effect.
Company shall remain obligated to pay and the City shall retain the right to
receive License Fees and any other payments due up to the date of termination.
Company shall remove the Pipeline from and restore the Park as and when
requested by the City. The City's right to terminate this Agreement under this
Natural Gas Pipeline license Agreement I Rockwood Golf Course West)—Page 17 of 25
TX-TARR-PASO-006.00
Section 10.2.1 does not and shall not be construed to constitute any kind of
limitation on the City's right to terminate this Agreement for other reasons as
provided by and in accordance with this Agreement; provided, however, that
Company may not abandon the Pipeline without the approval of the Commission
or successor agency or other regulatory authority with jurisdiction, if such action
without such approval is prohibited at the time by applicable federal or state law
or regulation.
10.2.2. Legal Action against Company.
Upon the occurrence of an Uncured Default, the City may commence
against Company an action at law for monetary damages or in equity, for
injunctive relief or specific performance of any of the provisions of this
Agreement which, as a matter of equity, are specifically enforceable.
11. PROVISION OF INFORMATION.
11.1. Filings with the Commission.
Company shall provide copies to the City of all documents which Company files
with or sends to the Commission concerning or related to its transportation of Gas
through or other operations in the City, including, but not limited to, filings related to (i)
tariffs; (ii) rules, regulations and policies requested, under consideration or approved by
the Commission; and (iii) applications and any supporting pre-filed testimony and
exhibits filed by Company or third parties on behalf of Company, on the same date as
such filings are made with the Commission. In addition, Company shall provide the City
upon request with copies of records, documents and other filings that Company is
required to maintain or supply to the Commission under any applicable state or federal
law, rule or regulation concerning or related to its transportation of Gas through or other
operations in the City.
11.2. Lawsuits.
Company shall provide the City with copies of all pleadings in all lawsuits to
which Company is a party and that pertain to the granting of this Agreement and/or the
transportation of Gas through the City within thirty (30) days of Company's receipt of
same.
12. COMPANY AS INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Company shall operate as an independent
contractor as to all rights and privileges granted by this Agreement, and not as an agent,
representative or employee of the City. Company shall have the exclusive right to control the
details of its business and other operations necessary or appurtenant to the transportation of Gas in
Natural Gas Pipeline license Agreement lRockwood Golf Course West —Page 18 o1'25
'I'X-TARR-PASO-006.00
accordance with the terms and conditions of this Agreement, and shall be solely responsible for the
acts and omissions of its officers, agents, servants, employees, contractors and subcontractors.
Company acknowledges that the doctrine of respondeat superior shall not apply as between the
City and Company, its officers, agents, employees, contractors and subcontractors. Company
further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between the City and Company.
13. ASSIGNMENT PROHIBITED.
Company may not assign or otherwise transfer any of its rights or obligations under this
Agreement unless specifically authorized in writing by the City, which authorization shall not be
unreasonably withheld; provided, however, that Company may make such an assignment of its
rights to an affiliated company without the consent of City, provided, that upon such assignment,
Company shall notify City within sixty (60) days of said assignment. An `affiliated company'
shall mean any parent, subsidiary or sister company or other legal entity that controls, is controlled
by, or is under common control with Company. For purposes of this clause, `control' means direct
or indirect ownership of fifty percent (50 1/o) or more of the voting rights of the subject entity.
Notwithstanding such an assignment to an affiliated company, Company shall remain liable to City
for any failure to perform hereunder by the affiliated assignee, and this provision shall thereafter be
applicable to Company and such affiliated assignee.
14. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (i)hand-delivered to the other party, its agents, employees,
servants or representatives, or (ii) received by the other party by United States Mail, postage
prepaid,return receipt requested,addressed as follows:
To THE CITY: To COMPANY:
City of Fort Worth Texas Midstream Gas Services, L.L.C.
Parks and Community Services Director Mr. Dave Johns
1000 Throckmorton Manager, Property Rights
Fort Worth, TX 76102 100 Energy Way
Fort Worth, Texas 76102
with a copy to: with a copy to:
City of Fort Worth Texas Midstream Gas Services, L.L.C.
Department of Law C T Corporation System
Attn:Attorney for PACSD 350 North St. Paul Street, Suite 2900
1000 Throckmorton Dallas, TX 75201
Fort Worth, TX 76102
Natural Gas Pipeline License Agreement lRockwood Golf Course West —Page 19 of-25
TVTARR-PASO-006.00
15. NON-DISCRIMINATION COVENANT.
Company shall not discriminate against any person on the basis of race, color, national
origin, religion, handicap, sex, sexual orientation or familial status in the receipt of benefits from
Company's business operations, in any opportunities for employment with Company or in the
construction or installation of the Pipeline.
16. NO WAIVER.
The failure of the City to insist upon the performance of any term or provision of this
Agreement or to exercise any rights that the City may have, either under this Agreement or the law,
shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert
any such right on any future occasion.
17. GOVERNING LAW AND VENUE.
This Agreement shall be construed pursuant to and in accordance with the laws of the
United States of America and the State of Texas. If any action,whether real or asserted, at law or in
equity, arise out of the terms of this Agreement, Company's transportation of Gas or Company's use
of the Park, venue for such action shall lie exclusively in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas,Fort Worth Division.
18. CONFERENCES.
At the request of either the City or Company, the City and Company shall meet at
reasonable times and upon reasonable notice to discuss any aspect of this Agreement, Company's
Pipeline, Company's operations in the City, Company's transportation of Gas or Company's use of
the Park.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final
order entered by a court of competent jurisdiction, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement,
a court order shall be final only to the extent that all available legal rights and remedies pertaining to
such order, including, without limitation all available appeals, have been exhausted. In such an
event, the City and Company agree that they shall amend or have amended this Agreement to
comply with such final order entered by a court of competent jurisdiction.
Natural Gas Pipeline License Agreement JRockwood Golf Course West]-Page 20 of 25
TX-TARR-PASO-006.00
20. FORCE MAJEURE.
In the event Company's performance of any of the terms, conditions or obligations required
by this Agreement is prevented by a cause or event that is not within Company's reasonable control,
Company's non-performance shall be deemed excused for the period of such inability. Causes or
events that are not within the Company's control shall include, but not be limited to, acts of God,
strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions and natural
disasters.
21. HEADINGS NOT CONTROLLING.
Headings and titles, other than those captions in Section 1, that are used in this Agreement
are for reference purposes only and shall not be deemed a part of this Agreement.
22. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between the City
and Company as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and conditions of
this Agreement. This Agreement shall not be amended unl ss_a end to in writing by both parties
and approved by the City Council of the City. - .r
Conti-acp- Authorization
EXECUTED as of the later date below:
CITY OF FORT WORTH: TEXAS MIDSTREAM GAS SERVICES,L.L.C.
By: By:
us Alanis 04\W Greg Fl erke
Assistant City Manager Area Manager
Date: 1 0( l 1 1 Date:_ 7- 8- 11
APPROVED AS TO FORM AND LEGALITY:
By: 06 AA I Attested by:
Assistant City Attorney
na
(i r
M&C: 1-- �� �� Marty Hendrix, ity Secreta � -
. 1
r
Natural Gas Pipeline License Agreement[Rockwood Golf Course West I-Page 21 of 2[FT. ���
TX-TA RR-PASO-006.00 RECORD
SECRETARY
MIRT-4, IrX
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this Aq day of ll , 2011, by
m
Susan Alanis, Assistant City Manager of the City of Fort Worth, Texas, a unp corporation,
on behalf of the City of Fort Worth, Texas.
LINDA M.HIRRLINGER
MY COMMISSION EXPIRES
' ebm"2,2014
N c State
F o Public, of Tex
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this—&_ day of
2011, by Greg Floerke, Area Manager, for Texas Midstream Gas Services, L.L.C. an Okl ma
limited liability company, on behalf of said company.
JEANETTE MICHELLE HILL
ryy; , Notary Public,State of Texas
4�e My Commission Expires
February 21, 2015
No ic, State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORT N, TX
Natural Gas Pipeline License Agreement lRockwood Golf Coursc West -Page 22 of 25
'I'X-TARR-I'ASO-006.00
EXHIBIT "A"
LICENSE AREA
I X-I ARR-PASO>-006.01
Access Permit and workspace License Agreement for Rock�Nood Golf C'oursc and Park
Pagc 23 of 25
i
/ qq EXHIBIT
RF-
5/8"
4
\ PLACE 0 IRF (CM)
\BECINNINC 335•/7'30'
L/O 533./4.
CCONSTRUCTIONN AREA_"B" 25 WIDE TEMPORARY
(8.13 AC. X15 CONSTRUCTION AREA A"
(8,133 S0. FT.) 0.199 AC.,-.,
(8.657 SO, FT:) GEORG I A AL I CE PAPAJOHN
VARIABLE WIDTH VOL. 6357, PG. 792
TEMPORARY L11 349.52'
WORKSPACE A-
D.R.T.C.T.
0.106 AC. L14 L12\
(4.632 SO. FT.) SURVEY
OVER FRVEY Lt3 VARIABb: WIDTH 5
S No. 1405 TEMPORARY p 1H0�1A 1525
PIE 8sTRACT L9 L3 WORKSPACE 66 AC "B° MRS TRACT NO ABS F{ (7.234 SO. FT.) \
20' WIDE LICENSE TEARY
DTH ) TARR-PAS
AREA O-006.00
'� ' CONSTRUCTION AREA -C" CITY bF FORT WORTH
CL LENGTH = 1,657' 1.549 AC, VOL. 1178g, Pc. I
100 RODS (67.496 SO. FT.) D.R.T.t.T.
0.761 AC. L4
(33.135 SO. FT.) VARIABLE WIDTH
LIS TEMPORARY \
151.09' WORKSPACE "C" LINE TABLE
VARIABLE WIDTH 0.209 AC. LINE BEARING DISTANCE
WORKSPACE "D" L8 (9.�L17 (9.118 S0. FT.) LI S24.55'14'E 22.10'
0.066 AC. L2 N89.45.31-W 424.96.
(2'863 SO. FT,) 25' WIDE TEMPORARY L3 564.57.43-W 654.68'
L20 Lt8
25' CONSTRUCTION AREA "E" L4 S41.32'33-W 255.91'
WIDE TEMPORARY 0.178 AC. L5 S63.56'00'W 328.27'
0.160 AC AREA -D- L 7 L5 (7.749 SO. FT.) L7 N63.56.00'E 310.12.
(6,950 SO. FT,) L8 1441.32.33'E 256.09'
24' TEMPORARY ACCESS EASEMENT
\
ay SEPARATE INSTRUMENT L9 N64.57'43'E 663.32'
CITY OF FORT WORTH L10 S89.45.31'E 420.05•
i \ 20'SANETWER U1 500.14.29'W 55.00'
VOL.5083,PG.752 L12 N89.45'31'W 150.00'
1
C��}'//�' " . �\ O.R.T.c. L13 NOD*14'29'E 24.01'
IV: \u^ -/ OROOUSIDE ANrAx L14 N00.14'29'E 53.87'
388-A. PG. 9Z L15 *45*31'E 150.00'
1 R.T.C.T. L16 S26'04'00'E 90.68'
ON LL15K S VEY 3
°� \ �. U7 S63.56'00'W I50.00'
ANN pRETRACT No• 941 ° \\\\ ` L18 1426.04'00'W 40.00'
ASS ti L19 N63.56'00'E 120.11'
4" �Y `�;20 1426.04'00'W 40.00'
®R RDS ELLIS Sl4 2 �. A
N. 3
�EDABSTRA�T"
CURVE TABLE
NO. DELTA RADIUS ARC BEARING CHORD LENGTH
CI 0.44'g2• 1878.80 24.52 N09.17.41'E 24,52
PERMANENT EASEM BY
NOTES: (D PERMANENT INSTRUMENT
(1) ALL BEARINGS SHOWN HEREON ARE TEMPORARY CONSTRUCTION
CORRELATED TO THE TEXAS STATE PLANE ® EASEMENT BY SEPARATE
p
COORDINATE SYSTEM. NORTH CENTRAL ZONE INSTRUMENT • L E G E N D •
iG 4202. NAD OF 1963. AS DERIVED BY FIELD CITY Of FORT WORTH
�I
OBSERVATIONS UTILIZING THE RTK NETIMORK SANITARY SEWER ESMT OF SUFFICIENT
a ADMINISTRATED BY WESTERN DATA SYSTEMS. ® NIDTH TO MAINTAIN 24" S.S. CM CONTROLLING MONUMENT
2( ) TITLE INFORMATION PROMM By VOL. 2630. PG. 332 IRF IRON ROD FOUND
8 TEXAS WNW-AM CAS SERVI= L.L.C. D.R.T.C.T. 1PF IRON PIPE FOUND
q 3() HIS SURVEY WAS MADE ON THE GROUND CITY OF FORT WORTH IRS IRON ROD SET
g DURING THE MONTHS OF NOVEMBER 2009 O 10' UTILITY EASEMENT
' THROUGH JANUARY 2010 UNDER THE DIRECTION VOL- 12713. PG. 83 � p EASEMENT
OF GREGG A.G MADSEN. R.P.L.S. NO. 5798. D.R.T.C.T.
a (4) REFER TO THE ACCOMPANYNG FIELD T.C.W.C. t I.O. No. t ® CONSTRUCTION
NOTES ATTACHED HERETO AND MADE A PART ® VOL 2760. PG. 363 EASEMENT
THEREOF. D.R.T.C.T. ��. TEMPORARY WORKSPACE
• EASEMENT
5 2 3 1 JRA RENSED LYTS OF AREA UPOATRn T t e X
5 ' 0 ar D '""E' s MIDSTREAM
4 6-1-10 ,w OONVOR1Ep 3 rG.E1SIIftT TO t ►G. [1!+>♦T '1,11 O A 3 s E R v I c E s
I1E1r DATE n OESLTRSfTlp1 au
PROJECT NCI CITY OF FORT WORTH
s 563351 TX-TARR-PASO-006.00 COA t�s
Rs
oRAaN Sr.JM OATL02-13-2011 DWG. NO. REV
SIWEym Pmmm NO THIS Dol!♦IT: 01+ECI1Ep BY DATLOt-Ll-201
winn 4 ASSOCIATme, INC. SCALC:1-,3W. mv.. 1 OF 2 6
i
EXHIBIT
FIELD NOTES — DESCRIPTION
20' WIDE LICENSE AREA
BEING A TRACT OF LAND LOCATED IN THE MRS JOHN P. THOMAS SURVEY, ABSTRACT
No. 1525 AND THE PETER SCHOONOVER SURVEY, ABSTRACT No. 1405. TARRANT
COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO THE
CITY OF FORT WORTH, RECORDED IN VOLUME 1172, PAGE 1, DEED RECORDS, TARRANT
COUNTY. TEXAS, (D.R.T.C.T.). AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS;
BEGINNING AT A POINT IN THE EAST LINE OF SAID FORT WORTH TRACT AND IN THE
WEST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO GEORGIA ALICE PAPAJOHN,
RECORDED IN VOLUME 6357, PAGE 792, DEED RECORDS, TARRANT COUNTY, TEXAS,
(D.R.T.C.T.) FROM WHICH A 5/8" IRON ROD FOUND BEARS S 35'17'30" E. 533.14 FEET,
SAID IRON ROD BEING THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A
DEED TO THE CITY OF FORT WORTH, RECORDED IN VOLUME 3896, PAGE 306. D.R.T.C.T.;
THENCE S 24'55'14" E. ALONG THE EAST LINE OF SAID FORT WORTH TRACT RECORDED
IN VOLUME 1172, PAGE 1 AND THE WEST LINE OF SAID PAPAJOHN TRACT, 22.10 FEET
TO A POINT;
THENCE N 89'45'31" W. DEPARTING THE EAST LINE OF SAID FORT WORTH TRACT
RECORDED IN VOLUME 1172, PAGE 1 AND THE WEST LINE OF SAID PAPAJOHN TRACT,
424.96 FEET TO A POINT;
THENCE S 64'57'43" W. 654.68 FEET TO A POINT;
THENCE S 41'32'33" W. 255.91 FEET TO A POINT;
THENCE S 63'56'00" W. 328.27 FEET TO A POINT IN THE WEST LINE OF SAID FORT
WORTH TRACT RECORDED IN VOLUME 1172. PAGE 1 AND THE EAST LINE A TRACT OF
LAND DESCRIBED IN A DEED TO TARRANT COUNTY WATER CONTROL do IMPROVEMENT
DISTRICT No. I (T.C.W.C. do I.D. No.1), RECORDED IN VOLUME 2760. PAGE 363, DEED
RECORDS, TARRANT COUNTY, TEXAS, (D.R.T.C.T.), SAID POINT BEING THE BEGINNING OF
A NON—TANGENT CURVE TO THE RIGHT.
THENCE NORTHEASTERLY, AN ARC LENGTH OF 24.52 FEET, ALONG THE WEST LINE OF
SAID FORT WORTH TRACT RECORDED IN VOLUME 1172. PAGE 1, THE EAST LINE OF SAID
T.C.W.C. & I.D. No. 1 TRACT AND ALONG SAID NON—TANGENT CURVE TO THE RIGHT,
HAVING A RADIUS OF 1,878.80 FEET, A DELTA ANGLE OF 0'44'52" AND A CHORD
BEARING N 0717'41"E. 24.52 FEET TO A POINT;
THENCE N 63'56'00 E. DEPARTING THE WEST LINE OF SAID FORT WORTH TRACT
RECORDED IN VOLUME 1172, PAGE 1 AND THE EAST LINE OF SAID T.C.W.C. do I.D. No.
1 TRACT, 310.12 FEET TO A POINT;
THENCE N 41'32'33" E. 256.09 FEET TO A POINT;
THENCE N 6457'43" E. 663.32 FEET TO A POINT;
THENCE S 89'45'31" E. 420.05 FEET TO THE PLACE OF BEGINNING AND CONTAINING
0.761 ACRES (33,135 SOUARE FEET) OF LAND, MORE OR LESS.
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THIS SURVEY WAS MADE ON THE GROUND UNDER THE DIRECT SUPERVISION OF GREGG A.E. MADSEN. R.P.L.S.
a No. 5790 DURING THE MONTHS OF NOVEMBER 2009 THROUGH JANUARY 2010- ALL BEARINGS RECITED HEREIN
RRELATED To THE TEXAS STATE PLANE COOROINATE SYSTEM. NORTH CENTRAL ZONE 4202. NAD OF
g EFER TO THE ACCOMPANYING EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF.
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alEacED" DATE:OrT-13-2011
Mnsa 4 �ssocuTes, INC A ,�� 2 OF 2 6
EXHIBIT "B"
ALIGNMENT SHEET(S)
Open trench and boring areas
Natural Gas Pipeline License Agreement Rockwood Golf Course West —Page 24 of'25
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EXHIBIT "C"
PARK RESTORATION AND RESEEDING SPECIFICATIONS
Natural Gas Pipeline License Agreement I Rockwood Golf Course West]—Page 25 of 25
TX-TARR-PASO-006.00
1
I
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 1
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 1
only.
PART 2 -PRODUCTS i
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.
r
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 d
compacted fill is hereinafter referred to as "earth embankment."
B. Rock: Minor quantities of rock not greater than four inches in greatest dimension are 4
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.
A
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EARTHWORK d
02300 S
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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.
1► 2.05 SELECT MATERIALS
r
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.
R
I
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
fallowing 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
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.
f
EARTH WORK '
02300 ;
2
I
r 1
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. 1
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
complete that would create undesirable conditions in the topsoil, such as ,
overcompaction or contamination. Trenching for items such as electrical conduit and
irrigation pressure lines must be complete before topsoil replacement may begin.
E. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, .
processed, compacted,and graded to leave a finished layer of topsoil not less than five
inches in depth. Unless otherwise indicated,topsoil will be replaced over all areas of i
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 .
. 3 -
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3
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3.03 UNCLASSIFIED EXCAVATION
A. All excavated areas shall be maintained in a condition to assure proper drainage at all
times, and ditches and sumps shall be constructed and maintained to avoid damage to
the areas under construction.
4
B. Surplus Material:
1. Surplus excavation is that quantity of material that may be left over after the `
grading plan is executed, and all earthwork operations, including excavation,
embankment construction,topsoil replacement, and final grading,are
completed. Any other surplus material shall be disposed of as "waste" as
specified in Section 02200. All such cost for removal shall be considered as
incorporated into Earthwork costs
C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise
indicated on the plans,excavation in solid rock shall extend six inches below required
subgrade elevation for the entire width of the area under construction and shall be
backfilled with suitable materials as indicated on the plans.
3.04 EARTH EMBANKMENT
s
A. Earth embankment is defined as embankment composed of suitable materials removed
in unclassified excavation and/or imported fill. The construction of embankment
includes preparing the area-on which fill is to be placed and the depositing,
conditioning, and compaction of fill material.
B. General: Except as otherwise required by-the plans, all embankment shall be
constructed in layers approximately parallel to the finished grade of the graded area, and
each-layer shall be so constructed as to provide a uniform slope as shown on the grading
plan. Embankments shall be constructed to correspond to the general shape of the
typical sections shown on the plans, and each section of the embankment shall
correspond to the detailed section or slopes established by the drawings. After
completion of the graded area, embankment shall be continuously maintained to its
finished section and grade until the project is accepted.
C. Preparation: Prior to placing any embankment, all preparatory operations will have r'
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 i
restored to approximately its original slope by blading or other methods, and, where
FARTHWQRK
02300 j
-4-
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 ,
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 reeompaeted 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 ocher 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 .
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 Live percent (95%) to ninety eight percent(98%) of Standard Density AST. .
EAR M W ORK
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
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. f
3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or f
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.
1
END OF SECTION
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FAR FII%V('RK
02300
-6- f
SECTION 02830- SEEDING
PART 1 - GENERAL
1.01 DESCRIPTION
1
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 vanes 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.
A
B. Schedule after all other construction is complete.
SECTION 02930-SEEDING
C. Protect and Maintain Seeded Areas
1. From erosion
2. From traffic and all other use
3.. Until seeding is complete and accepted
1.05 QUALITY CONTROL
The Developer/Contractor who plants the seeds is responsible for daily supervision of his crew,
and for the planting the seed and maintaining the seedlings until acceptable viable growth is
achieved and the project accepted by the City.
} PART 2—PRODUCTS
2.01; MATERIALS
A. Seed
All seed shall be planted at rates based on pure live seed(PLS=purity x germination)per
acre.
Substitution of individual seed types due to lack of availability shall be determined only by
the City at the time of planting. The Developer/Contractor shall notify the City of
difficulties locating certain species. Only those areas indicated on the plans and areas
disturbed'by construction shall be seeded. Prior to seeding, each area shall be marked in
the field and approved by the City.
Weed seed shall not exceed 10 percent by weight of the total of pure live-seed(PLS)and
other material in the mixture. Johnsongrass-and nutgrass seed shall not be allowed.
The seed shall be clean,dry and harvested within one year of planting.
1. Non-native grass seed shall consist of:
If planted between April 15 and September 10:
Lbs./Acre Common Name Scientific Name. Purity Germination
25 Bermuda(unhulled) Cynodon dactylon 85% 90%
75 Bermuda(hulled) Cynodon dactylon 95% 90%
Substitute the following if planted between September 10 and April 15:
220 Rye Grass Lolium mulliflorum 82% 80%
40 Bermuda(unhulled) Cynodon dactylon 84% 85%
2 Native:rasa seed-The seed shall be planted between February I and October 1
and shall consist of
I.bs. PLS/Acre Common Name Botanical Name
?� SECTION 02930-SEEDING
-2-
16 Green Sprangletop Leptochloa dubia •
40 Sidecats Grama* Bouteloua curtipendula
64 Little Bluestem* Schizachyrium scoparium
200 Buffalograss Buchloe dactyloides
40 Indian Grass* Sorghastrum avenaceum M
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
and December 1 and shall consist of
Lbs. PLS/Acre Common Name Botanical Name
10 Foxglove* Penstemon cobaea
20 Lanceleaf Coreopsis Coreopsts lanceolata
50 Bluebonnet Lupinus texensis
10 Pink Evening Primrose Oenothera speciosa
10 Purple Coneflower* Echinacea purpurea
20 Indian Blanket Gaillardia pulchella
10 Mexican Hat Ratibida calumnaris
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.
4. Temporary erosion control seed
When specified on the plans,temporary control measures shall be performed.
These measures shall consist of the sowing of cool season plant seeds and the
work and materials as required in-this section.
B. Mulch
1. Mulch should be designed for use with conventional mechanical or hydraulic
planting of seed, either alone or with fertilizer.
2. Mulch should be wood cellulose fiber produced from virgin wood or recycled
paper-by-products(waste products from paper mills or recycled newspaper). r
3. Mulch should contain no growth or germination inhibiting factors.
4. Mulch should contain no more than ten(10) percent moisture,air dry weight basis.
5. Additives shall include a binder in powder form.
6. Material shall form a strong moisture retaining mat.
SECTION 02930-SEEDINO
-3-
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C. Fertilizer
1. All fertilizer shall be delivered in bags or containers clearly labeled showing the
analysis.
2. All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area.
3. Analysis of 16-20-0, 16-8-8,or as designated on the plans. Fertilizer rate:
a. No fertilizer is required for wildflower seeding.
b. Where applying fertilizer on newly established seeding areas—one hundred
(100)pounds of Nitrogen per acre.
C. Where applying fertilizer on established seeding areas—one hundred fifty
(150)pounds of Nitrogen per acre.
D. Water: Shall be furnished by the Developer/Contractor by means of temporary metering/
irrigation,water truck or bX My 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.
SECTION 02930-SFEWNG
r ,
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. i
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(1/2'0 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 sails, flat surfaces - minimum 2,500 lbs./acre.
4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre.
SECTION 01.930- SEEDING
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*zee(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
SFCI[ON 02930-SEEDrNG
-6-
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 611412011
DATE: Tuesday, June 14, 2011 REFERENCE NO.: L-15212
LOG NAME: 80ROCKWOOD GOLF COURSE WEST GAS PIPELINE
SUBJECT:
Conduct a Public Hearing and Authorize the Use of a Portion of the Subsurface of Rockwood Golf Course
for the Purpose of Installing a Sixteen-Inch Natural Gas Pipeline and Authorize the Execution of a License
Agreement in the Amount of$78,293.25 and Execution of a Ninety-Day Temporary Construction Access
Agreement for Rockwood Golf Course and Rockwood Park in the Amount of$95,883.12, with Texas
Midstream Gas Services LLC (COUNCIL DISTRICTS 2 and 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
26, Protection of Public Parks and Recreational Lands;
2. Find that no feasible or prudent alternative exists for the use of Rockwood Golf Course for the location
of the proposed natural gas pipeline;
3. Find that the proposed natural gas pipeline includes all reasonable planning to minimize harm to the
parkland and including that the pipeline will be constructed in Rockwood Golf Course as specified on the
attached exhibits and as noted in the discussion below;
4. Close the public hearing and authorize the City Manager to approve the use of approximately 0.761
acres of dedicated parkland of Rockwood Golf Course for the installation of a 16-inch natural gas pipeline
and use of approximately 45 acres of Rockwood Golf Course and Rockwood Park for a temporary access
road;
5. Authorize the execution of a License Agreement with Texas Midstream Gas Services LLC, for
Rockwood Golf Course in the amount of$78,293.25; and
6. Authorize the execution of a 90-day Temporary Construction Access Agreement with Texas Midstream
Gas Services for Rockwood Golf Course and Rockwood Park in the amount of$95,883.12.
Rockwood Golf Course and Rockwood Park are located at 701 North University Drive in Mapsco
62S, N and 61 M, Q, R, and U, located southwest of Jacksboro Hwy SR199, east of Isbell Road,
south of Ohio Garden Road, east of the terminus of Ovid Drive, Inez Drive, and Ester Drive, north of
the Trinity River, in Council District 2 and 7.
DISCUSSION:
The purpose of this M&C is to authorize the execution of a license agreement in the amount of$78,293.22
for the use of a portion of the subsurface of Rockwood Golf Course for the purpose of installing an 16-inch
natural gas pipeline and a temporary access agreement with Texas Midstream Gas Services LLC,
Logname: 80ROCKWOOD GOLF COURSE WEST GAS PIPELINE, Pnria 1 of 2
(TMGS) in the amount of$95,883.12 for the use of a temporary construction access road through
Rockwood Golf Course and Rockwood Park.
In addition to the pipeline license agreement TMGS is seeking the City's authorization to construct a
twenty-four foot wide temporary access road through Rockwood Golf Course and Rockwood Park. The
approximately 3,995.13 linear foot temporary road is needed for construction access. The standard
mitigation fee of$1.00 per square foot of temporary workspace will be assessed and apportioned as
follows:
Rockwood Golf Course $32,664.00 (1,361 linear feet)
Rockwood Park $63,219.12 (2,634.13 linear feet)
Total Mitigation Fee $95,883.12
TMGS will restore the area utilized for temporary construction access to pre-existing conditions.
TMGS has been made aware of the license fee and the temporary workspace access fee and is
agreeable to the recommended assessments. The funds generated from these fees will be distributed in
accordance with the City's Financial Management Policy Statements.
On May 25, 2011, the Parks and Community Services Advisory Board (PACSAB) endored staffs
recommendation that the City Council authorize the conversion of approximately 0.761 acres of parkland
in Rockwood Golf Course as proposed. In accordance with State law, the public notice was advertised in
the Fort Worth Star-Telegram on May 17, 2011, May 24, 2011 and May 31, 2011. An exhibit map was
available for public review for 30 days at the PACSD administrative offices located at 4200 South
Freeway, Suite 2200.
A letter announcing the proposed use was sent to the president of the Brookside Neighborhood
Association and Crestline Neighborhood Association on May 20, 2011. Signage was posted at the site
noting the proposed use and providing instructions for directing comments to the Parks and Community
Services Department. Staff will note any public comment received during the public hearing Report of City
Staff.
The Parks and Community Services Department (PACSD) has been approached by TMGS to install a
natural gas pipeline in Rockwood Golf Course. The natural gas line will be servicing the Papajohn to
Mercado pad sites. The proposed alignment would allow for a 16-inch natural gas pipeline beneath the
golf course. A 20-foot wide pipeline license agreement area is being requested and the requested area
equates to approximately 33,135 square feet (0.761 acres).
The location of the pipeline was chosen in consideration of the Rockwood Golf Course Master Plan.
TMGS has agreed to maintain a minimum depth of 10 feet for open trenched areas and a minimum bore
depth of 10 feet. There will be no impact to trees on park property.
Staff is recommending as a condition of granting this alignment that TMGS be assessed the
recommended standard fee of$47.25 per linear foot of pipeline. This is consistent with fees assessed
under the City's current Right-of-Way Use Agreements for the installation of non-utility equipment,
appliances or appurtenances in public right-of-way. In this instance, a fee of approximately $78,293.25 will
be assessed for approximately 1,657 linear feet of pipeline.
Rockwood Golf Course and Rockwood Park are located in COUNCIL DISTRICTS 2 & 7.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Parks and Community Services
Logname: 80ROCKWOOD GOLF COURSE WEST GAS PIPELINE PaaP 7 of 2
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 801929967700 $63,219.12
P243 446300 801929990100 $78,293.25
P243 466266 801929990100 $32,664.00
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. 80 Rockwood Golfcourse.PDF (CFW Internal)
2. MAYOR AND COUNCIL COMMUNICATION aerial 1.doc (Public)
Logname: 80ROCKWOOD GOLF COURSE WEST GAS PIPELINE Page 3 of 3