HomeMy WebLinkAboutContract 42084 CITY SECRETARY4d- 0�q
CONTRACT NO,
NATURAL GAS PIPELINE LICENSE AGREEMENT
[Greenway Park II (Detention Pond Area)]
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 Dave Johns, Manager, Property Rights.
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
595.11 feet within 20 foot right of way corridor for the transportation of Gas through a public
park known as Greenway 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 Greenway Park as set out in Exhibit "A" in
order to construct, operate and maintain a pipeline, on the terms and conditions set forth herein,
solely for the transportation of Gas and solely in accordance with the terms and conditions of this
Agreement.
Agreement
1. DEFINITIONS.
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
Affiliate shall mean any individual, partnership, association,joint stock company, limited
liability company, trust, corporation, or other person or entity who owns or
controls, or is owned or controlled by, or is under common ownership or control
with, the entity in question.
Agreement shall mean the authorization issued to Company hereunder to use a portion of
a public park known as Greenway Park in the location as set out in Exhibit "A"
for (i) the construction, installation, maintenance and repair of Company's
Pipeline; (ii) the use of such Pipeline for the transportation of Gas; and (iii) any
other directly related uses of the Park, pursuant to and in accordance with this
Agreement.
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TX-TARR-MEAP-036.04.01
Pagc I of 27
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 Greenway Park
as identified in Exhibit "A" of this Agreement, attached hereto and hereby made a
part of this Agreement for all purposes (collectively called the Park).
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 twenty (20") nominal diameter pipeline for an
approximate total distance of 595.11 feet through Greenway Park 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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TX-TARR-MEAP-036.04.01
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
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TX-TA R R-MEA P-036.04.01
of all bills for materials, supplies and equipment used in the performance of that contract.
Such bonds shall name both the City and Company as dual obligees.
3. TERM
This Agreement shall become effective on the date as of which both parties have
executed it ("Effective Date") and shall expire at 11:59 P.M. 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$31,067.10 ("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
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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.
6. USE OF THE PARK.
6.1 Construction Schedule
6.1.1. Pre-Construction Notice and Meeting Requirements. Company shall
notify the PACSD not less than five (5) business 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) business 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. Construction of the Pipeline shall be
completed within one (1) year from the date this Agreement is signed by the City.
Construction will be complete within 120 days from the start of work. 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.
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6.2. Compliance with Laws, Ordinances,Rules and Regulations.
The City has the right to control and regulate the use of the Park, public places
and other City-owned property and the spaces above and beneath them. Company shall
comply with all applicable laws, ordinances, rules and regulations, including, but not
limited to City ordinances, rules and policies related to construction permits, construction
bonds, permissible hours of construction, operations during peak traffic hours,
barricading requirements and any other construction rules or regulations that may be
promulgated from time to time.
6.3. No Undue Burden.
The Pipeline shall not be erected, installed, constructed, repaired, replaced or
maintained in any manner that places an undue burden on the present or future use of the
Park by the City and the public. If the City reasonably determines that the Pipeline does
place an undue burden on any portion of the Park, Company, at Company's sole cost and
expense and within a reasonable time period specified by the City, shall modify the
Pipeline or take other actions determined by the City to be in the public interest to
remove or alleviate the burden.
6.4. Minimal Interference.
Company will make all reasonable planning to minimize harm to the Park and
shall comply with conditions as set forth below:
6.4.1. Construction and Necessary Restoration. The Pipeline will be
constructed by open trench method or boring method in the areas of the Park indicated on
Exhibit `B". No disturbance shall be allowed shall be allowed in the Park except along
the areas identified for construction. Temporary protection fencing where required shall
be orange vinyl temporary fencing or as otherwise indicated in Exhibit B and shall be set
at the critical root zone of the trees identified for protection during the preconstruction
meeting.
6.4.1.1. Access The access drive for Greenway Park road shall not be used at
any time by the Company. The Company shall be required to have a flagman at Pharr
Street and Greenway Drive preventing all Company traffic from using the Park roads.
Upon completion of the Pipeline construction, Company will replace the area
disturbed as specified on the attached plan (Exhibit "C"). If the Pipeline
construction compromises the integrity of the detention facility the Company will
make necessary repairs to the affected area as agreed upon by the Director.
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TX-TARR-MI:AP-036.04.01
6.4.2. Open Trenches. 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 four(4) 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.
In the event of severe weather during construction of the Pipeline the Company
shall ensure that the check dam is working properly.
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
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). All construction techniques for excavation, with the
exception for the allowance of double ditching, shall be done in accordance with Exhibit
B (Section 2300 Earthwork). 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. 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.
6.4.5. Ingress and Egress. For the area of Greenway Park Drive and Pharr
Street the Company shall post signage at each entrance that no access to the roads are
allowed by the Company trucks, equipment or vehicles. Company shall provide flagmen
to ensure that no Company vehicles access the park roads.
At no time shall Company have any equipment or vehicles on the access roads for the
Park. Company will provide a flagman and traffic controls at all times during
construction of the Pipeline directing traffic flows in and out of the Park. At no time
shall any of the construction crews or equipment use any portion of the road other than
the portion that is specified on the attached Exhibit`B".
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
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TX-TARR-MEAP-036.04.01
preconstruction 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.
Areas for mulch and matting are to be identified during the preconstruction meeting.
Company shall install 8-inches of mulch and provide matting for travel ways that are
directed between trees. Company shall contact the PACSD to inspect the designated areas
for mulch and matting and City shall have the right, but not the obligation,to inspect such
designated areas.
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.
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. Hard copies of the storm drain
grid maps of the appropriate storm drain sheets at each bore/horizontal directional drill
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location. Material Safety Data Sheets will be on site at all times during boring
operations. 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. Damaize to Trees During Construction,Maintenance or Repair.
In the event of any damage to trees during the construction, maintenance or repair of the
Pipeline Company shall comply with the following:
6.5.1 The City Forester shall have the right to inspect any trees located on the
Park for damage by Company and if applicable may inspect trees for slight, moderate or
severe damage as described below.
6.5.1.1. Slight Damage:
Slight damage shall be defined as damage, in the opinion of the City Forester, that
may heal, examples include but are not limited to scaring of the trunk into the
cambial layer %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).
6.5.1.2. Moderate Damage:
Moderate damage shall be defined as damage, in the opinion of the City Forester,
that contributes to the poor health and reduced longevity of the tree, examples
include but are not limited to scaring of the trunk into the cambial layer greater
than 2" but less than 1/3 the trunk circumference or breaking of limbs more than
2" in diameter but less than 1/3 trunk caliper. Moderate damages shall be
calculated at a rate of 1/2 the assessed value of the tree per each instance of
damage.
6.5.1.3. Severe Damage:
Severe damage shall be defined as damage, in the opinion of the City Forester,
that shall include but is not limited to scaring of the trunk to the cambial layer
greater than 1/3 the trunk circumference, uprooting or causing a tree to lean,
damage to a scaffolding branch or branch greater than 1/3 of trunk caliper or
removal of a tree. Branches shall be measured at the point of attachment or at the
lateral to which the branch would be pruned back to according to ANSI standards.
Trees caliper shall be measured according to accepted industry standards. Trees
greater than 6" in caliper shall be measured using diameter at breast height
(DBH). Severe damage or removal of trees is subject to a penalty of$200.00 per
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.
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6.5.2. Company shall make payment for any such damages and must plant
replacement trees for severely damaged trees at a location to be determined by PACSD.
Replacement shall be made on caliper inch per caliper inch basis with a minimum size of
replacement tree of 2" in caliper for trees damaged or removed less than 30" DBH and 2"
per inch on trees 30" DBH or greater. Company shall be responsible for the planting
watering, mulching and maintenance of replacement trees for a period of not less than 2
years. Replacement trees will be planted during the optimal planting season as directed
by the City Forester. Any tree that does not survive the 2-year establishment period shall
be compensated for by the contractor to PACSD at a rate of$200 per caliper inch.In
addition to damages assessed by PACSD, trees removed shall also be subject to the
Urban Forestry Ordinance of the Fort Worth Zoning Ordinance.
6.6. Emergency Procedures.
6.6.1. For purposes of this Section, a public emergency shall be any condition
which, in the opinion of the 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
Company's sole cost and expense, shall be responsible for the repair, relocation or
reconstruction of all or any of its Pipeline that is affected by such action of the City.
In responding to a public emergency, the City agrees to comply with all local, state and
federal laws, including any requirements to notify the Texas One Call System, to the
extent that they apply at the time and under the circumstances. In addition, if the City
takes any action that it believes will affect the Pipeline, the City will notify Company as
soon as practicable so that Company may advise and work with the City with respect to
such action.
6.6.2. The Company shall maintain written emergency response plans pursuant
to 49 C.F.R. § 192.615.
6.6.3. In the event of an emergency 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
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TV]ARR-MEAP-036.04.01
time for the emergency work and otherwise fully comply with the requirements of this
Agreement.
6.7. 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.
6.8. "As-Built"Plans and Maps.
Company, at Company's sole cost and expense, shall provide the City with as-
built plans of all portions of the Pipeline located in the City and the City's extraterritorial
jurisdiction and maps showing such Pipeline within ninety (90) calendar days following
the completion of such Pipeline. Company shall supply the textual documentation of
such as-built plans and maps in computer format as requested in writing by the City and
shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately
reflected in the City's mapping system.
6.9. Specifications of the Pipeline.
The Company shall erect, install, construct, repair, replace and maintain the
Pipeline and pursuant to the rules and regulations promulgated by the U.S. Department of
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 twenty (20) inches and a right of way
width of no more than twenty (20) feet throughout the entire length of the Park as
depicted on Exhibit "A".
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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.
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
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its services within the City without the approval of the Commission or successor agency
or any other regulatory authority with such jurisdiction.
Within six (6) months following revocation, termination or expiration of this
Agreement and in accordance with Section 10 of this Agreement, Company shall also
restore any property, public or private, that is disturbed or damaged by removal (or, if
consented to by the City, capping and leaving in place) of the Pipeline. If Company has
not restored all such property within this time, the City, at the City's sole option, may
perform or have performed any necessary restoration work, in which case Company shall
immediately reimburse the City for any and all costs incurred in performing or having
performed such restoration work.
7. LIABILITY AND INDEMNIFICATION.
7.1. Liability of Company.
Company shall be liable and responsible for any and all damages, losses,
liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands,
defenses,judgments, lawsuits, proceedings, costs, disbursements or expenses (including,
without limitation, fees, disbursements and reasonable expenses of attorneys, accountants
and other professional advisors and of expert witnesses and costs of investigation and
preparation) of any kind or nature whatsoever (collectively "Damages"), which may
arise out of or be in any way connected with (i) the construction, installation, operation,
maintenance or condition of the Pipeline or any related facilities or appurtenances; (ii)the
transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work,
labor, materials or supplies provided or supplied to Company, its contractors or
subcontractors; or (iv) Company's failure to comply with any federal, state or local law,
ordinance, rule or regulation, except to the extent directly caused by the negligent or
grossly negligent act(s) or omission(s) or intentional misconduct of the City.
COMPANY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY
FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF
ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH ITS USE OF THE PARK UNDER THIS AGREEMENT OR
WITH THE USE, MAINTENANCE, OCCUPANCY, EXISTENCE OR LOCATION
OF THE PIPELINE, EXCEPT TO THE EXTENT CAUSED SOLELY BY THE
NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY.
7.2 Indemnification.
COMPANY, A T 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,
Natural Gas Pipeline License Agreement[Greenway Park)—Page 13 of 26
TX-TARR-MF,AP-036.04.01
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 (Iiq 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.
7.3 Assumption of Risk and Environmental Remediation.
COMPANY HEREBY REPRESENTS TO THE CITY THAT (i) COMPANY HAS
FULLY INSPECTED THE PARK, (ii) COMPANY IS SATISFIED WITH THE
CONDITION OF THE PARK,AND (iii) COMPANY HAS BEEN FULLY ADVISED
OF ITS OWN RIGHTS WITHOUT RELIANCE UPON ANY REPRESENTATION
MADE BY THE CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, COMMISSIONS, BOARDS OR
VOLUNTEERS. COMPANY HEREBY UNDERTAKES AND ASSUMES, FOR AND
ON BEHALF OF COMPANY, ITS OFFICERS, AGENTS, CONTRACTORS,
SUBCONTRACTORS AND EMPLOYEES, ALL RISK OF DANGEROUS
CONDITIONS,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, EXCEPT TO THE EXTENT
CA USED BY THE CITY.
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
Natural Gas Pipeline license Agreement 1(ireenway Parkl-Page 14 of 26
1-X-TARR-Ml;AP-036.04.01
approved by the City. In such an event, Company shall not admit liability in any matter
on behalf of any Indemnitee without the advance written consent of the City.
8. INSURANCE.
Company shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance to provide coverage as specified herein, naming the City as an
additional insured and covering all public risks related to the use, occupancy, condition,
maintenance, existence or location of the Park and the construction, installation, operation,
maintenance or condition of the Pipeline, including the transportation of Gas through the
Pipeline. The required insurance can be met by a combination of self-insurance, primary
and excess policies.
8.1. Primary Liability Insurance Coverage.
• 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 Damage 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 Coverage.
At the reasonable recommendation of the City's Risk Manager, the City may at any
time revise insurance coverage requirements and limits required by this Agreement.
Company agrees that within thirty (30) days of receipt of written notice from the City,
Company will implement all such revisions requested by the City. The policy or policies of
insurance shall be endorsed to provide that no material changes in coverage, including, but
Natural Gas Pipeline License Agreement[Grcenwa} Parks—Page 15 of 26
TX-TAR R-MF.AP-036.04.01
not limited to, cancellation, termination, non-renewal or amendment, shall be made without
thirty(30)days' prior written notice to the City.
8.3. Underwriters and Certificates.
Company shall procure and maintain its insurance with underwriters authorized to
do business in the State of Texas and who are acceptable to the City in terms of solvency
and financial strength. Within thirty (30) days following adoption of this Agreement by the
City Council, Company shall furnish the City with certificates of insurance signed by the
respective companies as proof that it has obtained the types and amounts of insurance
coverage required herein. In addition, Company shall, on demand, provide the City with
evidence that it has maintained such coverage in full force and effect.
8.4. Deductibles.
Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed $1,000,000 in the annual aggregate unless the limit per occurrence or per
line of coverage, or aggregate is otherwise approved by the City.
8.5. No Limitation of Liability.
The insurance requirements set forth in this Section 8 and any recovery by the City
of any sum by reason of any insurance policy required under this Agreement shall in no way
be construed or affected to limit or in any way affect Company's liability to the City or other
persons as provided by this Agreement or law.
9. DEFAULTS.
The occurrence at any time during the term of this Agreement of one or more of the
following events shall constitute an "Event of Default" under this Agreement:
9.1. Failure to Pay License Fee.
An Event of Default shall occur if Company fails to pay any License Fee on or
before the respective due date.
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.
Natural Gas Pipeline License Agreement IGrcenway Parks—Page 16 of 26
TX-TAR R-MLAP-036.04.01
9.3. Bankruptcy,Insolvency or Receivership.
An Event of Default shall occur if Company (i) files a voluntary petition in
bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any
petition filed against it seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief for itself under any laws relating to
bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in
the appointment of any trustee, receiver, master, custodian or liquidator of Company, any
of Company's property or any revenues, issues, earnings or profits thereof, (v) makes an
assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as
they become due.
9.4. Violations of the Law.
An Event of Default shall occur if Company violates any existing or future federal,
state, or local laws, ordinances,rules and regulations of the City.
9.5 Failure to Complete Construction.
An Event of Default shall occur if Company fails to complete construction of the
Pipeline in accordance with section 6.1.2.
10. UNCURED DEFAULTS AND REMEDIES.
10.1. Notice of Default and Opportunity to Cure.
If an Event of Default occurs on account of Company's failure to pay the License
Fee in accordance with Section 9.1, such Event of Default shall be deemed an Uncured
Default and the City shall have the right to terminate this Agreement immediately upon
provision of written notice to Company. If an Event of Default occurs for a reason other
than for failure to pay the License Fee, the City shall provide Company with written
notice and shall give Company the opportunity to cure such Event of Default. For an
Event of Default which can be cured by the immediate payment of money to the City,
Company shall have thirty (30) days from the date it receives written notice from the City
to cure the Event of Default. For any other Event of Default, Company shall have sixty
(60) days from the date it receives written notice from the City to cure the Event of
Default. If any Event of Default is not cured within the time period specified herein, such
Event of Default shall, without further notice from the City, become an "Uncured
Default" and the City immediately may exercise the remedies provided in Section 10.2.
Natural Gas Pipeline License Agreement I Greenway Parks—Page 17 of 26
TX-TAR R-MY.AP-036.04.01
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 Aereement.
Upon the occurrence of an Uncured Default, the City may terminate this
Agreement. Upon such termination, Company shall forfeit all rights granted to it
under this Agreement and, except as to Company's unperformed obligations and
existing liabilities as of the date of termination, this Agreement shall
automatically be deemed null and void and shall have no further force or effect.
Company shall remain obligated to pay and the City shall retain the right to
receive License Fees and any other payments due up to the date of termination.
Company shall remove the Pipeline from and restore the Park as and when
requested by the City. The City's right to terminate this Agreement under this
Section 10.2.1 does not and shall not be construed to constitute any kind of
limitation on the City's right to terminate this Agreement for other reasons as
provided by and in accordance with this Agreement; provided, however, that
Company may not abandon the Pipeline without the approval of the Commission
or successor agency or other regulatory authority with jurisdiction, if such action
without such approval is prohibited at the time by applicable federal or state law
or regulation.
10.2.2. Leizal 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
Natural Gas Pipeline License Agreement lGreenway Park)-Page 18 of 26
TX-TARR-MEA1'-036.04.01
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
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 (501/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,
Natural Gas Pipeline License Agreement[Greenway Park]—Page 19 of 26
TX-TARR-Ml;AP-036.04.01
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
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.
Natural Gas Pipeline license Agreement Greenway Park]—Page 20 of 26
TX-1-ARR-MI;AP-036.04.01
18. CONFERENCES.
At the request of either the City or Company, the City and Company shall meet at
reasonable times and upon reasonable notice to discuss any aspect of this Agreement, Company's
Pipeline, Company's operations in the City, Company's transportation of Gas or Company's use of
the Park.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final
order entered by a court of competent jurisdiction, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement,
a court order shall be final only to the extent that all available legal rights and remedies pertaining to
such order, including, without limitation all available appeals, have been exhausted. In such an
event, the City and Company agree that they shall amend or have amended this Agreement to
comply with such final order entered by a court of competent jurisdiction.
20. FORCE MAJEURE.
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 unless agreed to in writing by both parties
and approved by the City Council of the City.
Natural Gas Pipeline License Agreement 1Grecnway Parks—Page 21 of 26
TX-TARR-MEAP-036.04.01
EXECUTED as of the later date below:
CITY OF FORT WORTH: TEXAS MIDSTREAM GAS SERVICES, L.L.C.
By: C kl "Itivo B
S Alanis �bave s
Assistant City Manager Manager, roperty Rights
Date: I Date:
APPROVED AS TO FORM AND LEGALITY:
Aaltv\L61
'� Attested by:
By: ' _N 1 Aj
Assistant City Y
Attorne
Marty Hendrik, ity Sec e 0jRr
p�yOQ00000000 0 0
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ACKNOWLEDGEMENT ��o0 0 �
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000'� %0000000000�*�d
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THE STATE OF TEXAS § �aa� �j��4�a`'
§
COUNTY OF TARRANT §
r�
This instrument was acknowledged before me on this 491 day of &C — 2011, by
Susan Alanis, Assistant City Manager of the City of Fort Worth, Texas, a municipal corporation,
on behalf of the City of Fort Worth, Texas.
_ 4uu 1 aua,
LINDA M.NIP.RUNGER
MY COMMISSION EXPIRES No ary Public, State of Texas
` # Febmary 2,2014
My commission expires: j} 1
My commission number:
Natural Gas Pipeline License Agreement lGreenway Parks—Page 22 of 26
1'X-TAR R-MLAP-036.04.01
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this Gk—' day of ,
2011, by Dave Johns, Manager, Property Rights, for Texas Midstream Gas Services, L.L.C3an
Oklahoma limited liability company, on behalf of said company.
r•� r. JEa;NE1TE MICHELLE Httl
•' ' ;� Notary Public,State of Texas otary ublic, State of Texas
My Commission Expires
February 21, 2 115
My commission expires ,rVC9•�U
My commission number:
Natural Gas Pipeline License Agreement lGreenway Park]-Page 23 ot'26
I-X-TARR-MFAP-036.04.01
EXHIBIT "A"
PLATTED LEGAL DESCRIPTION
Company may only use approximately 595.11 linear feet crossing the Parkas depicted below:
Natural Gas Pipeline License Agreement Greenway Park]-Page 24 of 26
T'X-1-ARR-MEAP-036.04.01
EXHIBIT "B"
ALIGNMENT SHEET(S)
Open trench and boring areas
Natural Gas Pipeline License Agreement lGreenway Park]-Page 25 of 26
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EXHIBIT "C"
PARK RESTORATION AND RESEEDING SPECIFICATIONS
Natural Gas Pipeline License Agreement[Greenway Parks-Page 26 of 26
TV"FARR-MF.AP-036.04.01
SECTION 02300 -EARTHWORK
PART 1 -GENERAL
1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment, and services
required to construct, shape, and finish earthwork to the required lines,grades, and cross
sections as specified herein and on the plans.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. Section 02200 - Site Preparation.
B. Grading Plan: Refer to plan sheets.
1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The
total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis
only.
PART 2-PRODUCTS
2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation,
unless separately designated,within the limits of the work. Unclassified excavation includes
all material encountered regardless of its nature.or the manner in which it is to be excavated. 1
2.02 UNCLASSIFIED FILL
1
A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native
materials removed in unclassified excavation, or similar imported materials, shall be
used insofar as practicable as unclassified fill. Properly deposited, conditioned, and
compacted fill is hereinafter referred to as "earth embankment."
1
B. Rock: Minor quantities of rock not greater than four inches in greatest dimension are 1
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.
r
EARTHWORK •
02300
• 1 -
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
R 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.
2.05 SELECT MATERIALS
I
` A. Select materials shall be imported from offsite sources, unless they are available from
specifically designated areas on the site as marked on the plans.
r
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
R following conditions or matter and particles are present to a degree that is judged
detrimental to the proposed use of the material.
1. Moisture
2. Decayed or undecayed vegetation
3. Hardpan clay, heavy clay, or clay balls
4. Rubbish
5. Construction rubble
6. Sand or gravel
7. Rocks greater than one half inch(1/2") diameter
8. Cementious matter
9. Foreign matter of any kind
B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200.
C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of
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.
EARrFtwoax
i
02300
2-
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.
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.
1
C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will
later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in
locations approved by the Owner. Stored topsoil shall be kept separate from other
excavated materials and shall be protected from contamination by objectionable
materials that would render it unsuitable.
D. Timing: Topsoil will not be replaced(deposited) until construction activities are
complete that would create undesirable conditions in the topsoil, such as '
overcompaction or contamination. Trenching for items such as electrical conduit and
irrigation pressure lines must be complete before topsoil replacement may begin.
E. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed,
processed, compacted, and graded to leave a finished layer of topsoil not less than five
inches in depth. Unless otherwise indicated,topsoil will be replaced over all areas of
earthwork(including slopes), except where pavement is planned.
F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine
grading will be accomplished with a weighted spike harrow, weighted drag, tractor box
blade, light maintainer, or other acceptable machinery. All particles of the finish grade
shall be reduced to less than one half inch (1-1/2") in diameter or they shall be removed. ,
All rocks of one inch or greater shall also be removed. Grading operations and
equipment will be such that topsoil does not become overcompacted. Bulldozer blades .
and front-end loader buckets are not acceptable devices for topsoil grading operations.
Final grading within five feet of constructed or installed elements shall be hand
raked. 4
G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in 41
plane, even in gradient(slope), uniform in surface texture, and of normal compaction.
Areas of loose granular pockets or of overcompacted soils are not acceptable and will
be reworked. Finished areas will promote surface drainage and will be ready for ,
turfgrass planting.
EARTHWORK
02300 .
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3.03 UNCLASSIFIED EXCAVATION
A. All excavated areas shall be maintained in a condition to assure proper drainage at all
times, and ditches and sumps shall be constructed and maintained to avoid damage to
the areas under construction.
B. Surplus Material:
1. Surplus excavation is that quantity of material that may be left over after the
grading plan is executed, and all earthwork operations,including excavation,
embankment construction, topsoil replacement, and final grading,are
completed. Any other surplus material shall be disposed of as "waste" as
specified in Section 02200. All such cost for removal shall be considered as
incorporated into Earthwork costs
C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise
indicated on the plans, excavation in solid rock shall extend six inches below required
subgrade elevation for the entire width of the area under construction and shall be
backfilled with suitable materials as indicated on the plans.
3.04 EARTH EMBANKMENT
A. Earth embankment is defined as embankment composed of suitable materials removed
in unclassified excavation and/or imported fill. The construction of embankment
includes preparing the area-on which fill is to be placed and the depositing, i
conditioning, and compaction of fill material.
B. General: Except as otherwise required by the plans, all embankment shall be
constructed in layers approximately parallel to the finished grade of the graded area, and
each-layer shall be so constructed as to provide a uniform slope as shown on the grading
plan. Embankments shall be constructed to correspond to the general shape of the
typical sections shown on the plans, and each section of the embankment shall
correspond to the detailed section or slopes established by the drawings. After
completion of the graded area, embankment shall be continuously maintained to its
finished section and grade until the project is accepted.
C. Preparation: Prior to placing any embankment, all preparatory operations will have
been completed on the excavation sources and areas over which the embankment is to
be placed. The subgrade shall be proof rolled to detect soft spots, which if exist, should
be reworked. Proof rolling shall be performed using a heavy pneumate 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
;ARr1tWORK
02300
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indicated on the plans or required by the Owner,the ground surface, thus prepared, shall
be compacted by sprinkling and rolling.
D. Scarification: The surface of all areas and slopes over which fill is to be placed, other
than rock, shall be scarified to a depth of approximately six inches to provide a bond
between the existing surface and the proposed embankment. Scarification shall be
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.
1
E. Benching: Scarification is normally adequate for sloping surfaces. However,in certain
cases where fill ig to be placed against hillsides or existing embankment with slopes '
greater than 4:1,the Owner may direct the Developer/Contractor to key the fill material
to the existing slopes by benching. A minimum of two feet normal to the slope shall be
removed and recompacted to insure that the new work is constructed on a firm
foundation free of loose or disturbed material.
F: Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread,not
to exceed eight inches (8")in loose depth before conditioning and compaction. Unless
otherwise permitted, each layer of fill material shall cover the Iength 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.
1
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 other 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 tive percent(95'0) to ninety eight percent (9811/0) of Standard Density AS I'M .
FAR FHWORK
02300
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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(21/o) below optimum in the top twelve inches (12") of the fill will
require that the top twelve inches(12")of the embankment be scarified,wetted, and
recompacted prior to placement of the structure, select fill or pavement. If desired, the
Developer/Contractor may place an asphalt membrane of emulsified or cutback asphalt over the
completed embankment and thus eliminate the sprinkling requirement.
3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or
damage to the subgrade. If any of the subgrade is rutted, damaged or displaced it shall be
restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02.
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END OF SECTION
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FAR n[vV(Rx
02360
SECTION 02830- SEEDING
PART 1 - GENERAL
1.01 DESCRIPTION
A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans.
B. Related Work Specified Elsewhere: Section 02300,Earthwork.
1.02 REFERENCE STANDARDS
A. Standardized'Plant Names
1. For exotic plant materials: American Joint Committee of Horticultural
Nomenclature;Second Edition, 1942...
2. For native materials
a. Manual of the Vascular Plants of Texas by Correll and Johnston
b. . Check List of Vascular Plants of Texas by Hatch
c. . Flora of North Central Texas by Shinners and Moller
B. Texas Highway Department: Standard Specifications for Construction, Item 164,
"Seeding for.Erosion Control'.'and item,180, "Wildflower Seeding". �
. I
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 Iaw
1.04 JOB CONDITIONS
A. Planting Season: The season varies according to species (see Part 2 - Products). Do not
seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour.
w
E3. Schedule atter all other constniction is complete.
SEC"TION 029;0- SFFDINU
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.
PART2—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 betiveen September 10 and April 15:
220 Rye Grass Lolium multiJlortsm 82% 80%
40 Bermuda(unhulled) Cynodon dactylon 84% 85%
2 :native crass seed - 'Che seed shall he planted between February 1 and October 1
and shall consist of:
mom Lbs. PI.S/acre Cuinmon �,aine Botanical N une
5ECIZON 02930-SEEDRJG
2-
I
16 Green Sprangletop Leptochloa dubia
40 Sideoats Grama* Bouteloua curtipendula
64 Little Bluestem* Schizachyrium scoparium
200 Buffalograss Buchloe dactyloides '
40 Indian Grass* Sorghastrum avenaceum '
16 Big Top Lovegrass* Eragrostis hirsuta
16 Weeping Lovegrass Eragrostis 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.
i
3 Wildflower seed-All wildflower seeds are to be hand broadcast, (see 3.02,A). '
The seed shall be planted between March 5 and May 31 or between September 1
and December 1 and shall consist of
Lbs. PLS/Acre Common Name Botanical Name
10 Foxglove* Penstemon cobaea .
20 Lanceleaf Coreopsis Coreopsis lanceolata ,
50 Bluebonnet' Lupinus texensis
10 Pink Evening Primrose Oenothera speciosa
10 Purple Coneflower* Echinacea purpurea
20 Indian Blanket Gaillardia pulchella
10 Mexican Hat Ratibida columnaris .
3 Maximillian Sunflower* Helianthus maximiliana
10 WinecV 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. Temnorary erosion control seed r
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 M
planting of seed, either alone or with fertilizer.
2. Mulch should be wood cellulose fiber produced from virgin wood or recycled
paper-by-products (waste products from paper mills or recycled newspaper).
3. Mulch should contain no growth or germination inhibiting factors.
4. Mulch should contain no more than ten (10) percent moisture, air dry weight basis.
5. Additives shall include a binder in powder form.
6. Material shall form a strong moisture retaining mat.
SEC HON 02930-SEEDRNG
-3-
C. Fertilizer
1. All fertilizer shall be delivered in bags or containers clearly labeled showing the
analysis.
2. All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area.
3. Analysis of 16-20-0, 16-8-8,or as designated on the plans. Fertilizer rate:
a. No fertilizer is required for wildflower seeding.
b. Where applying fertilizer on newly established seeding areas—one hundred
(100)pounds of Nitrogen per acre.
C. Where applying fertilizer on established seeding areas—one hundred fifty
(150)pounds of Nitrogen per acre.
D. Water: Shall be furnished by the Developer/Contractor by means of temporary metering/
irrigation,water truck or by any other method necessary to achieve a viable acceptable
stand of turf as noted in 3.04.B.2. The water source shall be clean and free of industrial
wastes or other substances harmful to the germination of the seed or to the growth of the
vegetation. The amount of water will vary according to the weather variables. Generally,
an amount of water that is equal to the average amount of rainfall plus one half inch
(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 MlX[NG
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-SEEMNG
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PART 3—EXECUTION
I
3.01 SEEDED PREPARATION
A. Clear Surface of All Materials, Such As:
1. Stumps, stones, and other objects larger than one inch.
2. Roots,brush,wire,stakes, etc.
3. Any objects that may interfere with seeding or maintenance.
B. Tilling
1. In all compacted areas till one (1) inch deep. '
2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less
seed/water run-off.
3. In areas near trees: Do not till deeper than one half inch(1/2")inside "drip line"
of trees.
C. Watering: Soil should be watered to a minimum depth of four inches within forty eight
(48)hours of seeding:
3.02 SEEDING
A. If Sowing Seed By Hand
1. Broadcast seed in two directions at right angles to each other.
2. Harrow or rake lightly to cover seed.
3. Never cover seed with more soil-than twice its diameter.
4. For wildflower plantings, scalp existing grasses to one inch, remove grass ,
clippings,so seed can make contact with the soil.
B. Mechanically Seeding(Drilling): i
If mechanically seeding(drilling) the seed or seed mixture, the quantity specified shall be ,
uniformly distributed over the areas shown on the plans or where directed. All varieties ,
of seed,as well as fertilizer, may be distributed at the same time provided that each
component is uniformly applied at the specified rate. Seed shall be drilled at a depth of
from one quarter(1/4") inch to three eighths (3/8") inch utilizing a pasture or rangeland ,
type drill. All drilling is to be on the contour. After planting, the area shall be rolled with
a roller integral to the seed drill, or a corrugated roller of the "Cultipacker" type. All ,
rolling of slope areas shall be on the contour.
3.03 NIULCHLNG
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.
a. 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. (lay soils, flat surfaces - minimum 2,500 lbs./,acre.
4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre.
SECTION 0930-SEFDENG
-i- a
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(2 1) 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&,ree(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
SEC-TION 03930-SEEDING
. r,-
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/19/2008
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, August 12, 2008 REFERENCE NO.: L-14621
LOG NAME: 80GREENWAYGASII
SUBJECT:
Authorize Conversion of Approximately .31 Acres of Parkland at Greenway Park Located at 2013 East
Belknap Street, for the Installation of a Gas Pipeline and Authorize the Execution of a License Agreement
with Texas Midstream Gas Services in the Amount of$31,067.10
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 location of the proposed gas pipeline for
Greenway Park;
3. Find that the proposed gas pipeline includes all reasonable planning to minimize harm to the parkland,
and including that the pipeline will be constructed in Greenway Park as specified on the attached exhibits
and noted in the discussion below; and
4. Close the public hearing and authorize the City Manager to convert approximately .31 acres of
dedicated parkland for a pipeline license agreement for a 24-inch gas pipeline.
DISCUSSION:
In accordance with the Texas Parks and Wildlife Code, Chapter 26, the City of Fort Worth seeks to
convert approximately .31 acres of parkland in Greenway Park for the purpose of installing a gas pipeline.
Greenway Park is located at 2013 East Belknap Street, Mapsco 63T, north of East Belknap Street, south
of Pharr Street and west of the Trinity River in Council District 2.
The Parks and Community Services Department (PACS) has been approached by Texas Midstream Gas
Services (TMGS) requesting an additional conversion of approximately .31 acres of parkland for a
proposed pipeline in Greenway Park. A 20-foot wide corridor alignment is proposed for the 24-inch gas
pipeline.
The original alignment proposed paralleled the northern boundary of the park and proceeded north
following the Texas Department of Transportation's (TXDOT) right-of-way for Interstate 35. This proposed
route while allowing for future expansion of Interstate 35 had a very negative impact on the adjoining
private property fronting Interstate 35. Staff worked with TMGS and the adjoining property owner to
develop an alternative route running behind the adjacent private property. The proposed alternate route
shown on the attached aerial photograph follows a north easterly direction through Greenway Park and
Logname: 80GREENWAYGASII Paize 1 of 3
then follows a line between the adjacent private property and the Trinity River levee. This portion of the
park contains flood storage facilities and is not slated for future development.
On June 17, 2008, (M&C L-14536) the City Council authorized the conversion of a portion of Greenway
Park under the existing road for this same pipeline. Prior to the approval by City Council, staff met with
representatives of the Greenway Neighborhood on May 17, 2008, and confirmed their support of the
proposed alignment through Greenway park. This portion of the park already converted for a pipeline
license agreement remains unchanged.
Staff is recommending as a condition of granting this license agreement, that TMGS be assessed the
standard fee of$45.00 per linear foot for the pipeline corridor alignment. This is consistent with fees
assessed under the City's current Right-of-Way Use Agreements for installation of non-utility equipment,
appliances or appurtenances in public right-of-way.
In this instance, a fee of$31,067.10 will be assessed for 690.38 linear feet of permanent pipeline license
area. TMGS has been made aware of this fee and is agreeable to this assessment. The funds generated
from the assessment will be used to construct improvements in Greenway Park.
On June 25, 2008, the Parks and Community Services Advisory Board endorsed staffs recommendation
that the City Council authorize the conversion of approximately .31 acres of parkland at Greenway Park
for the installation of a gas pipeline.
In accordance with state law, the conversion was advertised in the Fort Worth Star-Telegram on July 15,
July 22 and July 29, 2008. Once converted, PACS will enter into a pipeline license agreement with TMGS.
Signage was posted at the site on June 17, 2008, announcing the proposed conversion. A letter
announcing the proposed conversion was sent to the president of the Scenic Bluff Neighborhood
Association, on June 15, 2008.
The park is in COUNCIL DISTRICT 2.
. ... .. ....._ ..
FISCAL INFORMATION /CERTIFICATION:
The Finance Director certifies the Parks and Community Services Department is responsible for the
collection and deposit of funds from this agreement.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
C282 446300 801929990100 $31,067.10
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles Daniels (6183)
Ori inatin De Richard Zavala 5704
_ _�_DepartmentHead: ( )
Additional Information Contact: Harold Pitchford (5728)
ATTACHMENTS
1. Greenway parkaddition map.pdf (Public)
2. Survey exhibit greenway addition.doc (Public)
Logname: 80GREENWAYGASII Page 2 of 3
3. Tindall Maste_6 30_08r.pdf (Public)
Logname: 80GREENWAYGASII Page 3 of 3
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