HomeMy WebLinkAboutContract 45828 Z
CIT)ISECRETAWLIC-i
CONTRACT No.
TEMPORARY ACCESS PERMIT AND
WORKSPACE LICENSE AGREEMENT
FOR MALLARD COVE PARK
This Temporary Access Permit and Workspace License Agreement ("Permit") is
made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal
corporation organized under the laws of the State of Texas, acting by and through its duly
authorized Assistant City Manager, and Texas Midstream Gas Services, LLC ("Company"), all
Oklahoma limited liability company, acting by and through its duly authorized representative.
The following statements are true and correct and constitute the basis on which the City
has executed the Permit:
A. City owns a certain piece of property known as Mallard Cove Park located at 375
Shadow Grass Avenue, in Fort Worth, Texas, which is depicted in Exhibit A
("Park").
B. Company wishes to use certain designated portions of the Park for temporary
access and workspace to examine the integrity of and make necessary repairs to
an existing gas line beneath the Park that is within an easement owned by the
Company, which said easement is recorded with the Fort Worth City Secretary as
City Secretary Contract Number 32195 ("Easement").
C. City has reviewed Company's request and agrees to grant Company use of the
designated portion(s) of the Park in accordance with the terms and conditions of
this Permit.
Agreement
I. Term
a. License Period. The term of this Permit shall consist of one (1) license period of
thirty (30) consecutive calendar days ("License Period"). The License Period shall
commence on the third business day following the date on which this Permit is executed
by the City ("Commencement Date") and shall end at 11:59 P.M. on the thirtieth (30th)
day following the Commencement Date("Expiration Date").
b. Extension of License Period. If Company falls to complete all obligations
hereunder in accordance with this Permit on or before the expiration of the License
Period, including, but not limited to, pipe stringing operations and restoration of the Park,
then Company agrees to extend the License Period on a month-to-month basis until
Company has completed all obligations pursuant to this Permit. If an extension occurs,
then Company shall pay or cause the City to be paid rent in the amount of$7,500.00 per
month, which will be due and payable on or before the first (1st) day of each extended
License Period. Such rent shall be paid to the City without demand and without offset.
C. The extension of the License Period shall renew automatically each month until
Company receives notice from the City that all of it Permit have
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been completed, which notice the City shall not unreasonably withheld. Notv'rithstanding
anything to the contrary, the City may terminate the extended License Period at any time
and for any reason.
d. 'Access. No use of or access to the Park or the 1,icensed Premises shall be
allowed outside of the designated License Period or applicable extension period, except
as is authorized by any easements held by Coixipany. Company's rights in and to the
Licensed Premises hereunder shall be strictly limited and shall fully and absolutely
terminate and be of no further force and effect at the conclusion of the License Period or
applicable extension period, except as is authorized by any casements held by Company.
After the License Period or applicable extension period ends, all riglAs of Company in
and to the Licensed Premises shall, automatically and witbout the need for any fijrther
documentation, fully and unconditionally terminate, whereupon Company shall have no
right of entry or use of the Licensed Premises whatsoever except as is authorized by any
easements held by Company.
Ii. Licensed Premises
Subject tote terms and conditions set forth in this Permit and the City Charter and
ordinances, for and in consideration of the monetary payments to be made hereunder and
the other covenants and promises expressed herein, the City does hereby agree to license
to Company during the License Period the use of a portion of the Park that is set forth and
depicted in Exhibit B, which. is attached hereto and incorporated herein for all purposes
as though it were set forth at length ("Licensed Premises"). The Licensed. Premises is
directly aqjacent to the Easenient.
III. License Fee/Additional Consideration
In consideration of(,(,nnpany's agreernent to employ a more expensive method of pipe
replacement to reduce overall hann to the Park and payment of$7,500.00, the City grants
to the Company the rights and privileges to use the Park in accordance with the terms and
conditions of this Permit. Pay-nient shall be made wiffini. five (5) days of the date on
which this Permit is fully, executed and delivered to the offices of the City's Parks and
Comnirriii,ty Services Department located at 4200 South 1,"reeway, Suite 2200, Fort
Worth, Texas 76115. Consideration for any additional use of the Licensed Premises
beyond the initial. 30 day license period will be in accordance with Section I.
IV. Acceptance of Licensed Premises
Company takes all portions of the Licensed Premises and all appurtenances in "AS IS"
condition without any express or irnplied warranty on the part of the City. Company
accepts the Licensed. Premises in their present condition, finds them Suitable for the
purposes intended, and further acknowledges that it is thoroughly f4infliar with such
condition by reason of personal inspection and does not rely on any representations by
the City as to the condition of the I.,icensed Premises or their suitability for the purposes
intended. Company accepts the Licensed Premises subject to any and all previously
recorded easements that may have been granted on, along, over, under, or across said
property, and releases the City from any and all damages, claims for damages, loss, or
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liabilities that may be caused. to invitees:, licensees, or trespassers by reason of the
exercise of such rights or privileges granted in said easements. Company's taking
possession of the Licensed Premises shall be conclusive evidence that: (a) the Licensed
Premises are suitable for the purposes and uses for which same are licensed; and (b)
Company, waives any and all defects in and to the Licensed Premises and all the
appurtenances thereto. The City shall not be liable to Company. its agents,
employees, contractors subcontractors invitees licensees, or guests for any damage
to any person or property due to the acts or omissions of Company, its_Ageats,
employees, contractors, or subcontractors, unless such damage is caused by the
gross negligence or willful misconduct of City or its agents, employees, separate
contractors, or subcontractors.
V. Use Not Exclusive
This Permit and all rights granted to Company herein.are strictly non-exclusive. The City
reserves the right to enter into and grant other and future licenses, leases, and other
authorizations for use of the Park and the Licensed Premises to other persons and entities
as the City deems law;appropriate in accordance with applicable l,)rovided, however, that
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in granting subsequent atithorization for use, the City will. not allow a use that will
unreasonably interfere with Compwiy's use of the Licensed Premises as provided herein.
This Permit does not establish any priority for the use of the Park or the Licensed
Premises by Company or by any present, or future licensees or other permit holders. In
the event of any dispute as to the priority of use of the Park or the Licensed Premises, the
first priority shall be to the public generally, the second priority to the City in the
perfannance 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.
V1. Lintitations on Use
a. Construction on the Licensed Premises is allowed only between. 7:00 A.m. and
7:00 P.m. Monday through Saturday. For purposes of this provision, the term
44construction," shall include (i) clearing, dredging, excavating, compacting, or grading of
land- (ii) delivery or assembly of pipe, fittings, or similar materials; and (iii) operation of
heavy equipment, including, but not limited to, a backhoe, backhoe loader, boom truck,
bulldozer, compactor, crane, dump truck., excavator, grader, grapple truck, loader, pile
driver,power shovel, roller, scraper, tractor, trencher, and tunnel boring machine.
b. The Company shall schedule a pre-construction meeting with staff in the Parks
and Comrnunity Services Department at least three (3) 'business days prior to initiating
any construction on the Licensed Premises (including, but not limited. to, any excavation
work,), The pre-construction meeting shall be for purposes of outlining Company's plans
and schedules regarding: (i) mobilization and access to property, (ii) minimizing
construction impact on vegetation and the Park in general, and (ii) restoration of all
affected parkland and amenities.
C.* All Company equipment and materials shall be placed and maintained solely
within the confines of the Licensed Premises. Company understands and acknowledges
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that access to the Licensed Premises shall be accomplished the Company's Easement.
Use of any portion of the Park outside of the Licensed Premises shall not be permitted.
V11. Public Safety
a. Company shall be solely responsible for initiating, maintaining, and supervising
all safety precautions and programs in connection with Company's use of the Licensed
Premises and the Park.
b. At a minimum, Company shall install and maintain construction fencing around
the border of the Licensed Premises. Following installation of the fencing, the Company
shall contact the Department to inspect for proper installation. The existing controlled-
access entry shall be kept locked when not in use, and the Company shall provide the
Department with keys for all fence and entry locks. At no time shall any fenced area be
left open unless staffed by security personnel.
C. In addition, Company shall provide construction and maintenance signs and
sufficient barricades at work sites to protect the public. The use of traffic control devices
shall be consistent with the standards and provisions of Part VI of the Texas Manual on
Uniform Traffic Control Devices. Company shall also take all necessary precautions and
shall provide all necessary protection to prevent damage, injury, or loss to (a) all persons
accessing portions of the Licensed Premises on which any construction is being
performed by or on behalf of Company; (b) all work performed on or from the Licensed
Premises and all materials and equipment to be incorporated therein that are under the
care, custody, or control of Company, or Company's employees, agents, contractors, or
subcontractors, regardless of whether such material and equipment is stored on or off the
Licensed Premises; and (c) other property on or adjacent to the Licensed Premises.
d. For barricade structures constructed along the Park's sidewalks, Company shall
be required to ensure that installation and equipment meet the requirements of the
Transportation and Public Works Department and the Parks and Community Services
Department. Staff from the Department shall be entitled to inspect the barricade
structures during and after the installation process.
V111. Protection of the Environment
a. The City shall not knowingly permit any third party to, use, handle, or store any
Hazardous Materials on, under, over, or about Park or the Licensed Premises in violation
of any applicable laws. Company shall not handle or store any Hazardous Materials on
the Licensed Premises or the Park, except that Company may, in compliance with
applicable environmental laws, use and store Hazardous Materials in such amounts and
types that are commonly used in connection with pipeline stringing operations, provided,
however, that Company specifically agrees to remove any and all such Hazardous
Materials on or before the final day of the License Period. Company shall not introduce,
use, generate, store, accept, or dispose of on, under, or about, transport across, or permit
to exist on the Licensed Premises or the Park any "treatment, storage or disposal facility"
or"underground storage tank," as those terms are defined under applicable environmental
laws. For purposes of this Permit, "Hazardous Materials" shall mean potentially
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dangerous hazardous wastes, toxic substances, or related materials, including, but not
limited to, pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or other fuels
(including crude oil or any fraction or derivative thereof); underground storage tanks, and
substances considered hazardous, toxic, or the equivalent pursuant to applicable laws.
Any Hazardous Materials used by Company on the Licensed Premises shall be posted on
site and a list shall be given to City.
b. Company shall not create or aggravate any condition at the Park or the Licensed
Premises that could present a threat to human health or to the environment.
IX. Documenting Condition of Licensed Premises
Company must provide the Director of the Parks and Community Services Department or
that person's designee ("Director") with videographic documentation of the condition of
the Licensed Premises as they exist both before and after the use permitted herein. All
such video must include a visible date and time stamp indicating when the videography
occurred. Company must submit documentation of the pre-installation condition prior to
commencing any work on the Licensed Premises. Post-installation documentation must
be submitted no later than five (5) business days after the last day of the License Period.
Director will distribute copies of the documentation to all appropriate City personnel to
determine whether any damage has been done to the Licensed Premises.
X. Minimizing Impact on Vegetation
a. Company shall not cut or remove any trees on the Licensed Premises. Prior to
beginning any construction, Company shall install perimeter construction fencing in
accordance with any preconstruction plans agreed to by the Director. In addition, to
minimize damage during construction, Company shall install chain link fencing on the
outside drip line of trees and other vegetation specifically identified by the Director at a
pre-construction meeting and as outlined in accordance with Exhibit C, which is attached
hereto and incorporated herein for all purposes. Company shall notify the Director once
the perimeter fencing and tree protection measures have been installed and allow the
Director an opportunity to inspect the work before construction begins. The City shall
have at least four (4) business days following the date on which notice is received to
conduct its inspection. Company may begin construction on or after the third business
day following the date on which it provided notice to the City unless the City contacts
Company and identifies specific issues that render the perimeter fencing or tree
protection measures unacceptable.
b. Company shall ensure that tree protection fencing remains in place throughout the
License Period or any extended License Period. At no time shall any tree be damaged or
removed except as allowed herein. If any other tree within the Park is damaged in
connection with Company's operations, Company agrees to undertake remediation
efforts, including paying of remediation costs, in accordance with Exhibit D, which is
attached hereto and incorporated herein for all purposes. Any fencing shall remain in
place until such time as the Licensed Premises are restored pursuant to the terms of this
Permit.
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XI. MinimUing Impact on Utilities
a. If the Company encounters any utility infrastructure (including, but not limited to,
electric lines, waterlines, sewer lines, storm drains and lines, or gas lines) in the course of
or in connection with Company's use of the Licensed Premises, the Company covenants
and agrees to cease construction operations immediately and install protective matting
over or around such utilities in compliance with specifications approved by the City's
Water Department or by the Parks and Community Services Department. Following
installation of the matting, Company shall contact the Director to arrange for inspection
and approval by appropriate City personnel.
b. Company shall provide the Director with a copy of the matting specifications and
the Water Department's inspection report within twenty-four (24) hours of receiving the
report from the Water Department and prior to mobilization of pipeline construction
equipment in the Park. Company may begin construction after the date on which it
provided the inspection report and specifications to the Director unless the Director
contacts Company and identifies specific issues that render the measures unacceptable.
XII. Restoration of Improvements
To the extent any road, curb, gutter, irrigation system, utility line, barricade, fence, or
other improvement is destroyed, removed, or altered in connection with Company's
activities under this Permit, as determined in the sole reasonable discretion of the
Director, Company shall reconstruct and restore such improvement in a good and
workmanlike manner to a condition that is equal to or better than the one in which such
improvement existed as of the date this Permit is fully executed, as evidenced by the pre-
installation video required under Section IX of this Permit. Any restoration required
under this section must be completed by Company and inspected and approved by the
Director prior to the expiration of the License Period or the License Period will be
extended per Section 1.
III. Restoration of Surface of Licensed Premises
To the extent any portion of the surface of the Licensed Premises is damaged or disturbed
in connection with Company's activities under this Permit, as determined by the Director
in his sole reasonable discretion, Company shall restore the surface of the Licensed
Premises by: (i) aerating the soil using a heave-action aerator with six-to-eight inch tines
to address compaction caused during the process of pipe stringing; (ii) replanting and
reseeding with Common Bermuda grass in accordance with the seeding specifications
outlined in the attached Exhibit E; and (iii) watering the replanted and reseeded areas as
needed until the replacement vegetation is reasonably established and has been approved
and accepted by the Director. Prior to planting, COMPANY shall provide the Director
with documentation certifying the type and quality of the materials to be planted. The
Department may, in exercise of reasonable discretion, reject any plant material that does
not meet the requirements of this section or Exhibit E or is otherwise unacceptable for
one or more specific, clearly identified reasons. Any restoration required under this
section must be completed by Company in compliance with the specifications set forth in
this section and the attached exhibits and inspected and approved by the Director, which
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approval shall not be unreasonably withheld, prior to the expiration of the License Period
or the License Period will be extended per Section I.
® 'Discretionary Linited Access to Care for and Establish Vegetation
a. Company may request limited access to the Licensed Premises to water, care for,
and establish replacement vcgetation required under Section X111 ("Limited Access"). A
request for Limited Access must be made in writing and delivered to the Director at least
ten days prior to the expiration of the License Period or extended License Period.
Replacement vegetation. or seed must be in place at the time the request is inad.e.
b. Director may, in its reasonable discretion, authorize Limited Access for a period
not to exceed two weeks from the expiration of the License Period or extended License
Period. During the Limited Access period, no Company materials or equipment may
remain on the Licensed Premises with the exception. of irrigation directly involved in.
irrigation and temporary fencing used to protect areas being restored.. Company's use of
the Licensed Premises under Limited Access in accordance with this Section shall not
invoke any additional extended License Period. beyond that which already exists at the
time that Limited Access is granted,
XV. Liability; Indemnification.
a. Company agrees to pay City for all daniages suffered or incurred by City, either
directly or indirectly, as a result of any operations on or from the Licensed Premises
conducted for or by Company, its agents, employees or representatives, including all
damage or injury to standing or fallen timber, buildings, fences, equipment, and all other
property, whether real or personal..
b. COMPANY COVENANTS AND AGREES TO AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE,
CITY, ITS OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF THE ACTS OR OMISSIONS OF COMPANY,
ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES,
LICENSEES, VOLUNTEERS, OR PROGRAM PARTICIPANTS. COMPANY
LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY ANDHOLD HARMLESS CITY FROM AND AGAINST ANY AND
ALL INJURIES, DAMAGE, LOSS, OR DESTRtJCTION TO PROPERTY OF
CITY DURING THE PERFORMANCE OF ANY OF THE TERms AND
CONDITIONS OF THIS PERMIT. HOWEVER, THE INDEMNITY PROVIDED
FOR IN THIS PARAGRAPH SHALL NOT EXTEND TO ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS
OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND,
IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH
COMPANY AND THE CITY, RESPONSIBILITY AND LIABILITY, IF ANY,
SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH
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THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE
CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY
AS FURTHER PROVIDED BY THE LAWS OF THE STATE OF TEXAS.
C. Company covenants and agrees that City shall no way or under any circumstances
be responsible for any property belonging to Company, its members, employees, agents,
contractors, subcontractors, invitees, licensees, or trespassers that may be stolen,
destroyed, or in any way damaged, and COMPANY HEREBY INDEMNIFIES AND
HOLDS HARMLESS CITY FROM ANY AND ALL SUCH CLAIMS. City does not
guarantee police protection and will not be liable for any loss or damage sustained by
COMPANY, its members, employees, agents, contractors, subcontractors, invitees,
licensees, or trespassers on any of the Premises.
d. Company agrees that City shall not be liable for any loss, injury or damage
whatsoever suffered or incurred by Company or Company's agents, employees or
representatives while on the Licensed Premises.
XVI. INSURANCE
a. Duty to Acquire and Maintain
i. Company shall ensure that a policy or policies of insurance are procured
and maintained at all times, in full force and effect, to provide coverages of the types
and amounts specified herein, naming the City as an additional insured and covering
all public risks related to the use, occupancy, condition, maintenance, existence, or
location of the Park and the construction, installation, operation, maintenance, repair,
reconstruction, or condition of the pipeline. The insurance required hereunder may be
met by a combination of self-insurance and primary and excess policies. Company
shall provide proof of all requirements stated herein to the City prior to beginning any
work pursuant to this Agreement.
b. Types and Amounts of Coverage Required
i. Commercial General Liability:
A. $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including
coverage for the following: (i) Premises Liability; (ii) independent
contractors; (iii) products/completed operations; (iv) personal injury; (v)
contractual liability; (vi) explosion, collapse, and underground property
damage
ii. Property Damage Liability:
A. $1,000,000.00 per occurrence
ii. Umbrella Policy
A. $5,000,000.00
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iii. Environmental Impairment Liability ( IL) &/or Pollution Liability
A. $5,000,000.00 per occurrence
B. $10,000,000.00 aggregate
iv. Automobile Liability:
A. $1,000,000.00 per accident, including, but not limited to, all
owned, leased, hired, or non-owned motor vehicles used in conjunction
with the rights granted under this Permit
V. Worker's Compensation:
A. As required by law
V1. Employer's Liability:
A. $1,000,000.00 per accident
c. Revisions to Required Coverage
i. At the reasonable recommendation of the City's Risk Manager, the City
may at any time revise insurance coverage requirements and limits required by
this Permit. Company agrees that within thirty (30) days of receipt of written
notice from the City, Company will implement all such revisions requested by the
City. Policies shall not have exclusions that nullify or alter the required lines of
coverage, or decrease the limits of said coverages required by this Agreement,
unless such endorsements are approved in writing by the City. 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.
d. Underwriters and Certificates
i. Company shall procure and maintain its insurance with underwriters who
are authorized to do business in the State of Texas and who are acceptable to the
City in terms of solvency and financial strength. Within ten (10) business days
following execution of this Permit, Company shall furnish the City with
certificates of insurance signed by the respective companies as proof that it has
obtained the types and amounts of insurance coverage required herein. In
addition, Company shall, on demand, provide the City with evidence that it has
maintained such coverage in full force and effect.
e. Deductibles
1. Deductible or self-insured retention limits on any line of coverage required
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herein shall not exceed $500,000.00 in the annual aggregate unless the limit per
occurrence or per line of coverage, or aggregate is otherwise approved by the
City.
f. Waiver of Subrogation
i. Company shall require any of its contractors' worker's compensation
policies to contain a waiver of subrogation endorsement in favor of the City.
g. No Limitation of Liability
i. The insurance requirements set forth in this section and any recovery by
the City of any sum by reason of any insurance policy required under this Permit
shall in no way be construed or affected to limit or in any way affect Company
liability to the City or other persons as provided by this Pen-nit or law.
XVII. Prohibition Against Liens
Company shall not do any act or make any contract that may be purported to create or be
the foundation of any lien on or any interest in the Licensed Premises or the Park. Any
such act, contract, or lien attempted to be created shall be void. Should any purported
lien on the Licensed Premises be created or filed, Company shall, at its sole expense,
liquidate and discharge same within ten (10) business days after notice from the City to
do so
XV111.Notices
All notices required or permitted under this Permit shall be conclusively determined to
have been delivered when (i) hand-delivered to the other party, its agent, employee,
servant, or representative, or (ii) received by the other party by reliable overnight courier
or United States Mail, postage prepaid, return receipt requested, at the address stated
below or to such other address as one party may from time to time notify the other in
writing.
To THE CITY: To COMPANY:
Director Texas Midstream Gas Services, L.L.C.
Parks and Community Services Director—Property Rights
City of Fort Worth 525 Central Park Dr.
4200 South Freeway, Ste 2200 Oklahoma City, OK 73105
Fort Worth, Texas 76115
With a copy to:
Department of Law Texas Midstream Gas Services, L.L.C.
City of Fort Worth c/o CT Corporation
Attn: City Attorney 350 North St. Paul Street, Suite 2900
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1000 Throckmorton Dallas, Texas 75201
Fort Worth, Texas 76102
XIX. Independent Contractor
It is expressly understood and agreed that Company shall operate as independent entity in
each and every respect hereunder and not as an agent, representative, or employee of the
City. Company shall have the exclusive control and the exclusive right to control all
details and day-to-day operations and activities relative to operation of Company and this
Pen-nit and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, licensees, and invitees. Company
acknowledges that the doctrine of respondeat superior shall not apply as between the
City and Company, its officers, agents, servants, employees, contractors, subcontractors,
licenses, and invitees. Nothing contained in this Pen-nit shall be construed as the creation
of a partnership or joint enterprise between the City and Company.
XX. Prohibition Against Assignment
Company may not sell, assign, or otherwise transfer any of its rights or obligations under
this Permit without the prior, written consent of the City. Any such attempted assignment
without the City's consent shall be void.
I. Compliance with Laws and Regulations
a. In operating under this Pen-nit, Company agrees to comply with all applicable
federal, state, and local laws, regulations, and ordinances, including all City ordinances,
charter provisions, and rules, regulations, and requirements of the City's Police, Fire,
Code Compliance, Transportation and Public Works, and Health Departments.
b. Company will not knowingly do or suffer to be done anything on said Licensed
Premises during the terms of this Pen-nit in violation of the laws, statutes, ordinances,
rules, regulations, charter provisions, directives or requirements referenced in this Permit.
If the City calls the attention of Company to any such violation on the part of said
Company or any person employed by or admitted to said Licensed Premises by
Company, Company will immediately (or otherwise as soon as reasonably possible)
desist from and correct such violation and/or vacate the Licensed Premises.
XXIL Taxes
Company acknowledges and agrees that it shall be solely responsible for paying all taxes
assessed or imposed by any governmental entity in connection with the construction,
installation, operation, maintenance, repair, or reconstruction of the pipeline and with the
use of the Licensed Premises or other City property related to activities within the scope
of this Permit.
XXTIL Force de re; Homeland Security
If either party is unable, either in whole or part, to fulfill its obligations under this Pennit
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due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; wars; blockades; insurrections; riots; epidemics; public health crises;
earthquakes; fires; floods; restraints or prohibitions by any court, board, department,
commission, or agency of the United States or of any state; declaration of a state of
disaster or of emergency by the federal, state, county, or City government in accordance
with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by
the United States Department of Homeland Security or any equivalent alert system that
may be instituted by any agency of the United States; any arrests and restraints; civil
disturbances; or explosions; or some other reason beyond the party's reasonable control
(collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure
Event will be suspended only during the continuance of such event. If a Force Majeure
Event occurs, the City may, in its sole discretion, close or postpone the opening of its
community centers, parks, or other City-owned and operated properties and facilities in
the interest of public safety and operate them as the City sees fit.
V.Headings
The section headings contained herein are solely for convenience in reference and are not
intended to define or limit the scope of any provision of this Permit.
V. Choice of Law; Venue
This Pen-nit shall be governed by and construed in accordance with the laws of the State
of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision of this Permit, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas - Fort Worth Division.
XXVI.Governmental Powers
It is understood and agreed that by execution of this Permit, the City does not waive or
surrender any of its governmental powers or immunities.
XXVII. Authorization
By executing this Permit, Company's agent affirms that he or she is authorized by
Company to execute this Pen-nit and that all representations made herein with regard to
Company identity, address and legal status (corporation, partnership, individual, etc.) are
true and correct.
XXV111. Entirety of Agreement
This instrument (including all attachments, schedules, and exhibits attached hereto)
constitutes the entire understanding and agreement of the City and Company as to use of
the Licensed Premises and the Park. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and
conditions of this Permit. This Permit shall not be amended unless agreed to in writing
by both parties.
Access Pen-nit and Workspace License Agreement for Mallard Cove Park Page 12 of 31
By executing this Permit, Company agrees to and accepts the terms, conditions and provision
contained herein.
WITNESS WHEREOF, the parties hereto have executed this Permit this day of
014 in Fort Worth, Tarrant County, Texas.
TEXAS MIDSTREAM CITY OFF WORTH
GAS SERVICES, LC
B
By: y:
Name: Stephen J 'son Su an Alanis
Title: General Mhagger—Barnett Permian I—A'ssistant City Manager
Approved as to Form and Legality:
F. Walla'c"h
Assistant City Attorney
ATTEST:
r K ys OF F0
Secretary
Contract Authorization.,,*-','
C
No M&C Necessary
NO
14 TX
...... ...............
Access Permit and Workspace License Agreement for Mallard Cove Park Page 13 of 31
EXHIBIT A
PARK
MALLARD COVE PARK
(EXHIBIT )
I
v
rV �1
�` r t 0
%r�i ✓r uJ� � �rr�/�/f� i/�I�"'y��j�% /.Vy'�I� /` v���k� F
6"
' ,4Pproxirne4ely 9
Gas Pipeline err®rke
i
Mall tlCov Par
Ile
a
o
f
i
a�!I � � '��P ���� �� "„ ,5 ��n K. � r��Irk � . ♦ �_ rn M. �F„%„
r 4.
IJ "�I" F
At
v
I"y nu C]
Ma A, p k
/
w
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r 41,
w h
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i
y 0 I
,access PerTnit and Workspace License Agreement f'6r°MaHard Wove Park Page 14 of.31
EXHIBUB
LICENSED PREMISES
2:4R.k,4.,N'T co[ TY
W.MASTEHAS WJIRVEY�A-'049
I cE� S
M,M=Y"M 1:,-, Z4-;RCr.r
F/
J J,
tor A
Rol
f�e,
g,w
�
p 0
PqRT1911 C/)r,`F�,l
OFT9 V
01,
YCL�_4j
4 0y TRACT I
Q/
t4y Low. -z;7""
7
&J"',w,
A 4AF-9"' y
N
J/ DO
400/5
0 41/'
A, TO
W�N
k
q1-
4,
,44'10
wx-
4/61'402
�n)
A", a
ET43LE
UWE* EEARING DRTMANCE
tm u W-�tt R r 4m U
.4 naTiwaxe 23ucea2.X2 '23 IN ca 00,
5 2167MM W 1w.py
LID sea, W157W
113 sa MOW
a W�W.12 V4704M07
L Ice ns e d area fa c tefn p orary
workspace on parkland
CONSTRUCTION
ESTIMATE
b FT m u
777777=
............... .........
AN:e
[1 01 e x S
MIDSTRFAM
.111ff
157 'PU
...........
..............
Access Permit and Workspace License Agreement for Mallard Cove Park Page 15 of 31
W.MASTERS ER S SURVEY,A-1048
50 „t7 5CP ...._.....100
~GRAPHIC SCALE IN FEET'
PLEASE REFER 10 BAR„SCAS.U,DRAWING
MAY HAVE 19[I➢M REDUCED tAP'd ENLARGED.
+i
1 % a7u1aW l// '
X J/ /i+
�jl/ u � ,a '
o✓� / Pa
rk
/RT .. /� / r� /'e,
/ % %// CITY"OF FORT Wcs f/// N OF TRI MITY STF/ Mu# 'TU �� ��y / /
" ri wA
P
.
i k ll0%P/ Yyr�f// r
/
�'"/
// PNT 5 sn r11P !/ m
Z,
1 / V
ll„nr, IM�i rlYr��s///�l
/ f r. / S
///�/ '^I r '% �nj%f%��f
// � ,, " %/, ,',.'� .2, / �i�t,//iie
//r r !l r, % i of / / r /
rri // �7"' 'aaPlij/'f`�/
� , lw f
ll
>' rr
cal TABLE TAB L�
LINE 0 BEARING MTANCE
Irarrac NORTHING �:�s�N�
( / B 5971566.68 236681112.62 E1 N23" StF.
_'3 . �...._
3Z°E 1 s
N
L2 � 9 69716206 91 2'67@3®99 i9' 4W.rav
9 69715afl 12 7p7040.07 IL3 523.49'23°E SCrmr
a9
6.h SEW 19°37-W
CONSTRUCTION
ESTIMATE
AREA DI TAILS L C PBf� rVl:'I IN r
TO AI-AREA OF DIG 1,M�7000 SO.V'°r.W DI 72 AMElS DIG fiFEk .'. —. ._ --
aNCA access ROAD 419 MO GO Fti.011 z GAR ACREn ���. acr.A:'.ss Ia4AMCp �, '�t �e;w Y� o ,Cy�u o R_ckm
aREA OF TURN ARMING 225M".tilt.Y'9 OR 0.MIS ACHES .„IF..1.1 d,xR'.Nx 1.........%:.65 I1 .......F.a%h.._ ......._ 9HD LETRE®4.. . ......, 6D@%.
NOTES .. .... UNwF:Y UGE �.. .......
.,.. .._"
Y,DA"Y¢.uN 31 41p4 tllt%A5 sfRtix:Pt.^nL GOi�30[.NA'YC'.S SYST'F 4. _.,..... .,.......... Aw....._ .._..........Rjor"ADD mJ W{ tV NORTH CENTRIC,X(ANE."AVD q..l,ELEd 140NS&1:d... % R�O.'M./@4RL�5+0.'T Yn.dE ........
DERNTO&`anM OD5EkYA lIOW. ...... ....,.... ._..... .....
2 EMSTING WID ES ANE.SNO%H IN APGROAVWI LO:'AYIONS WF" ONEIiM'LAD F'O
HALLVIER Y EX CT GO A MAPS EI SURVEb'.C''O 1, GI')D " G d YMSYI Y:RVP4V.rPtiN..
a'TiAW$.VF.RBF'Y EXACT 600ATWON AND ELE'"eATVplel Ydl'Md hAl.'TYNG _.... .... .,. _...,� —..,...�..— u..—_.,...... .�. .....
DT14U'S IN AREA OF WORK PRIOR 40 CON",STRUGTION MID CALL YAfdCl.;ll c 6
PEY.a%
ONE GALL SYSTEM AT 1-aDD-2PoK-^45Po0 AND ALL OITIER 69f?b0.{NN 63 Y. Ci IY
NGUTx cGMwatirr:',As IEaSr a'AT1ftKYN+Maarx faa Iacn,'R^.I}RRwGna —.__.........._....,.._..._...................._......._._.._......... MIDST .M
TO ENO UCP10N. CHECKED MECY tl3 f,. LKC c a W
3.YNIS A AN Ens,L.MENa'SURF.`,AND OOPS W6, NE6'RCSr. A .......... ....__�,......__....___.....
.. _._.......� _._...... .....a._. _................ .............
TRUE"C9041NDA1'tT}.fRV6T.-TMS SURVEY 15 DA",ep C A SE'C�MAIEN4 U[5',: Cd77"OF.BOR2,a'OLiTk bafl1YA.$°
MFORMATICIPt I:IRONDt:O p7Y”"THE CIJENT. --.........._......... _._........................__.—..._..._.4
..._ .._.m_.. DAtE e a� la 167 TO BREAITWOOXD
dbfG SE 4S84R a2A
�D rwraT ADOM Yrx ro tar,u4 5HFE7 ..». �E Y Ta omrr
," "(` 1U"W'h"JI FA M01' n, ran .. _...
eAU e®41 s94 ®*oR ...- .. _ ..._._....__.... OUR Lnuu:
tee.oxu+no.,FSo-: ,xaxixal G*,f, . sa--a'Sa'I
SCALE A"•h 5.ti0uNMc
Access Pennit and Workspace License Agreement for Mallard Cove Park, Page 16 of 31
.MASTERS Si.X WE'Y,A-'1048
W.C TRIMB4 E SURVEY,A-152'1
50 0 5C 100
GRAPHIC SCALE IN FEET
ff+IIZASff:'.KkRER8 10 BAR SCALE,DRAPING
MAY HAVE.9k7EN f"4,D UCZD C'ri'7 ENLARCED,.
i r
TSFIdS
/
l � t ATV 8 R / f
1
rI
�����f ✓J ry FNT
1 �/� f �r -1 ✓� r r�''O� / PNT 1 LPNT 9
r �
Ali r
�y
-°L,YNT 1S
rg
NN'
PNT 17
/i� L18 aryOF
i PNT i8" FORT W RTYt
/ L,7 � 1—.aw
/ PNT 19 VOL.4 FIG_104, /
L1E1 ' 1�, "apt
�.R,T. t. fi}JRN R�U
/L19�r�T z0
i r r
/ L2S1 //
PNr2a
rr� jai'„ ITCOES�ROAD
w
K ,
"f 8310'950.FT.OR 204E ACRES
E SHEET 3 OF 3 FOR TA
J
PNX 2.� /i
//////
NT Ir r ri/�//
L — f 'G1 % / // a r/
/ G .� /�✓�ii/G���% r /ll r rf� �i 1 I r r r
Y'�U
A-Y290�
CONSTRUCTION ,),
ESTIMATE
AaEnBq;k,s kCC ND R \iiS10N') �°
TOTAL AREA OF WS A .P.=$i0 Vf,OR W.1 P2 ACNX5 �--. ®.—� D4 AREA M —YSq"Y�. FR � �'—,..—V S C" .... hvCka
NRBA(N°AOCF.SS ROAD.�B?AllfY"wW.U9.GdR d'.0"S ACRES .�.,,...®a. Cf.£L5 RCAO — ._X, .,..._.J?
AREA OF T".N ASRNJMD m.22%NI Tip.rf.QR Ur$0 S ADIAX..1 .,.�...�.®.®....SI Tt EA.S."..:Ptl4 ...K... .N:2{F99
........_1R4L_..,...... .OfY�YduL9S.BRAD.......,.,.._.. G9H....
NOTES ..' '...,ft.'UNE _ .`. ..r._.._.._....� ...._.
F.KISTtNP.EAx.TmF:Rn'
1,fYA:RkM FLAT`ON%XMAS'S1AT£:PLAMV:GGpRo""S SeS�lt'M, , ...... —......_..._ _...
X—�—F1:NCE LINO """"
DER B;R(2 ON PS O CENTRAL ARD 2OIaE.NNWfO WR,EI.EV IAbN*,u N%A.� .,„.^*s^^^�%.L.V.L.D PIRiT'Y 9.LNtiM':
BETaI'vl:b Parma CR"b aasexuA'naw. .....__.. ,......_...®.....__....._.� .®.
C..E:SISBiMG CALM 5 ARE SBOM IN APIRIOA:AAPE t.00ANONS ""'•........W�OPfl.•^^•••6N"RBC:AER E`GWEk
Dd:NERARD FROM CRI nQE15 RAPS AND SURVEY,CGRTWNgC[lXe •,,""""..%tl
.. .... ..,.,.., U...... ....,.,..__ ..-
U 1AA1 5 IN A 5 ACT EBC.ARPR ARD GyCONST iv CAF AL➢.O STN(" Rfi1JJE_C% ... 757!3
TEXASE$PH AXLL 4Y°EV PKINK A flRlfdR Yp CON'5RRUGAND NND CALL. -. ._., .,.,,.„,._._.. _... _....
TEXAS DO{.:A)..S At L AT 2 BtYD°2f5—afrbS A0 Ai.': )PIN 6MNWPd BY.. CT
n O CO muc.wrcS Nr LEAST 2 wTFR9k9NG GAYS tan wrwRSp❑aaGn .._,,...._...._....._....:------_._.._,,......__ MIDSTREAM
TO CC9VSTRAKnl93. 4:MF CNiD file. .....�...._u 4.KD a..e a e
.3,W S 6 AN EASEMENT SLAWY AND DOES 80 MTF.FTafi:"RkrvgR A, .^— '—” —_. —...—.--A
TRUE'BOUNDARY SURVEY'TMS SURVEY IS HAND PYM 5F.CMA@`N C Kk C177 OF FORT RORT11 LARDS
Ff MLIIQN EWRN)FU BY.11 E WENL,,,m,_„___, __................_,,,....._......�._._........
�pr .. cATI B—B-9A $07 TO BRENTWOOD ROD
4�le 6SITY NERL TDTA %54! .....—._ . ......_Y AR'81TWIff. ... ..........
f� �,q;roPG!'y;p cnr.ro a3 A.r s,DA sI rF;F"T z caE 2 , ........,.. _�_.,....._�
wAUnw!'A.mn w". PRO.rauaR£x.NA5zt2V1T 1%G . 14—0`541 SCALE, .. AS WAN
0�',Pod lh„°. ^1"' ""'pJ'"'AR'°^..�7.((r � NEb.1
Access 1Pe it and Wiwhspace License,A, Ta;e,°wnent for Mallard Core]Park Page 1 7 of 31
TARRANT COUNTY. TEJAS
W.MASTERS• UF&EY,A,1048
1�1.offiePairk
........ ................. .... ......
ACCESS ROAD LINE TABLE ACCESS ROAD UNE TABLE ACC, S ROAD POINT TABLE
............. ................_.._....I........... ........-....... ........
LINE 0 BEARING DISTANCE LNE 0 BEARING DISTANCE POINT 0 NORTHING EAST ING
..........--.............. ......... ........
Ls SM*40'23"F 50.00, L25 NI8'0T56'E 37.8& 7 69715M.89 236690269
...._............................ ............
Le SW"4P 2VW 1 61.57' L.26 NW 5W 24�'E 889.04, 8 69715M.67 M6841.13
..................... .................. -.........-.11.................
L7 S68'21'44"W 7272 11.27 N31 51'02 120.37 9 6971493A S 23W773.53
....................... .,,,,......I............_.. . ............. ..........
LS S48*23'5YW 130.Ul" K.22 N44'44'I V'(Z 85,94Y To 69'71407 49 238607&27
............ ............-1........ ........ ....,,,....I................... ................-.................
La SS3'(16'47W 798.34' 129 1IL37 36 WE 28781 11 6971272.50 2361410.18
-- ...........................................- __....._....,............._.....................0... ...............
L10 S21'44'57W 72'16° IM N36"2G'59'E 153.13' 12 6971205.54 236838344
...........
L11 529*04'4M 85.16' W N30'49 OrE 159 99r 13 6971131.11 2960342.05
................................I.................
1.,12 556'48'3ZW 156.94' 1.32 N23'41"05E 129.25' 14 6971045.75 2366211,55
.............--..........................--.-- -................ ........ ... ..... . ....... ...................
L13 S33-4,7 57W 78.37' L13 W24'21'27r. 184.62` 15 6970 56 2366168.05
.......... . .......................- . .........-1 --- ............-.......... .........
1.14 S24'49°'lffW M8.01, LU N34 49'15°E 83.99 16 GOM764.53 2386=14
................... .... ............__._._.-
L95 S23'18'49"W 120.89' L35 N57'a WE 96.39 8970863.5i 236SM0.30
..............- ....... ... ........._.....W....I........... .... .......--- ---............-.-
L16 S33',V 02'W MOM' I-V N55'26 Fr 66,21' 16 697EM2 30 2305893.74
-..--I'-..--.. ............- ...................1-1 1................
W S34'30'07'VV 340.19 L:7 N27*24°17E 65.89 19 69'A3181-94 2365701.04
................--- ........---- ...........111- . ........................ ......... ......... ...............
L18 545 01'3SW 48A5° L38 N15P IT VYE ZgAV 20 6970146:71 23 5.7'7
--........................................ ... .......... . .......... ...........................................................--
L19 &M'43'11"W 72,69' L39 N63°44°WE 270.67° 21 6970M.96 730624.37
................-.-....................-.. .- -1........- ............ -,--.................. . ...........-
1-20 $13141'2VW 79,25' L40 N48'23'53'E 16'3.2V 22 6970 .97 2365605.62
.............-
1.21 Sw 15,txrw 560A3° ii�E � 23 69694MS4 2365603.17
................................... . .....-... ..................
L22 8191'34'5M 280.431 1 42 8'AT WS 59 40' 24 6959169.51 2365595.44
.................. . . ..
cj . ....
LM S38'23 MT. X50'
_25 6969140.90 2365618.10
.......... ........ ....................................-- --,
L24 "x79"5X 91°W 6643' 26 ..1.28.87 2365550.74
........... ..............
[:ii ffu)k il;;R rer1 27 6969194A7 2305M.51
tlhi:::�padk --- ...........
28 6970M.79 23 .51
...................................-.--...........-,
29 69701.55.97 2361,641.09
.30 6970202.81 2365687.50
. ..........
31 8970442.49 2365846.84
- -,..............---- --------....................
32 69705W.59 2365937.92
-.1---.............
33 6970702.98 236e019.88
.. .......... ............. ...... ............. ............... ........... ..........
TURN AROUND LINE TABLE TURN AROUND POINT TAME 34 6O70821,34 2366071.84
...... .............-. ........ ...... ........... .......I................--,
LINE 0 BEARING DISTANCE PONT# NORMING FASTING 35 6970989.54 2365147.94
...............--- ................. .......... ............- ...............-.-
L43 SBW IS'37W 150.00, 44 69TI672.70 2366 .92 36 6971058.49 2366195.90
............ ........ ........... I...................- I....... ...........................................
L44 W23'40 23W 15D.W. , 45 6971732,93 2367137,M. 37 6971109.7"3 23613X."7.54
................ ...........---
L45 N66'19'3,-E 150M, 48 $971505.55 238'7197 53 X 6971147.30 2366W206
L40 52.3'47 23`E 150 W 47 0971535.33 2367(.M. 39 6971205.80 236636239
...........--,-=......... ........... ........... .......... ..........- ......................-.-
40 6971310.39 ZM39015
.........................................rrrrrrr--.......
41 6971430J6 2368633.58
................ -.................--
42 8971538.54 2369755.64
.........................................................
43 6971 5E .35 2367.3.
4 6971586.60 6082.62
CONSTRUCTION
ESTIMATE
L E7 FT VISON
M M-A OF UQ I-L,=NO,P[,Cc IMP2 AMB DIO AREA .Me
NP OF�IESS Rg� N2W SM M W 2.045 ACM.5 gy-
............
ARER OF TURN FJ1fYOP8R �NX V4 F1 10.5 D ACRFM s"ERSOFN, AN.MMMOAD
NOTES SARW.1 PHE I .. ........ .... ........ ..... ......... .. .....
EMI CE CAMIEW
X PMCE URE
NM 0(W11)ROM CE.TRAL E F .dW tlPl,E.U.n.111 I,- - """'p",." r
"M MOM On OWNIA'10N. . . ............ ......................
EYISF-1171U IES If--lF ATPI-MAIE L OvVOILAD POM-P
0
'V �11APS AND SUR.VEY C0OM7R`A'CTOS EVONG P"Fu"E
WRATD MOM PR ............................................ ...................... ..............r...- ............
w-WMry EX�r-ArION ARO W.-ItM OF k1.F.511.G 'It
UTTI 17TFS N AKA OF�PRIOR TO�517WTIQN AW CALL -QIJECL
1.A59 WE CALL S��V AT y OM-N5-45•xS MV AU ORHER DRAIWM ex �, s
IJT 17Y CWPAN"Al LEAST 2 V�JNG DAn PRK)R -�5T�C'Ti,6 5Y. - --,- -
10-7RMIO". MIDSTREAM
3.R M 6 M EALEMCM 1.PM1.0 00ES POT FWAPEMW A ..............-...!LtA..A= .1-1-1...........................
ME QAPP�SUMI.--5 IS MSE"IMI TuC�W9P-r 02 MY OF.FVRT WOMW LANDS
0tkCg_ CnqK -1- --.......................... ......
W TK CUENL- OAM 14 157 rO BREWTOOD
L.1 ,STIFET 3 of 3
Iffia ryryewa 1.11 11-110. ........................... ...........................................
....................................
.212. G%jL, 14 0-147 5 C ALE:� SH 0 W N DWI FIM
L
Access Permit and fir orkSj)'ArCe License Agreement fbr Mallard Uyve Park Page 18 of 31
...................... ..
� I -.............
I E JO 61 Oftd I..IPd QAO,-)P..IPIILIW JOJ JUIU.G0-,m2V astiaoillonudsIxaM ptw 1!tujaf ssoioV
C)
C.D
C:)
E
0
,ell
C.0
Ap
LU
POO
I
7 V:j
4
;T4
7-'7.
�4 V2
ji
NIOI,ljgjLoldd 14,14 ml
D I.LltllHX1L4
IF,Jo oz asp.1 AO PIIRIILIW IOJ juu aMvxg. Osuu a� u c sa.0 4,p ue JnuK.n. d sS233V
y � d
P
new
zf a P
,r a
m
rrioFmf0l9 fl!//RiglllNfPP!/G'(/�/„%/,�M+7✓LO,�MIIIIIIi�iJkWf6Gr nAU � " �,
r
,� 11
EXHIBIT D
GET CITY TREES
NO PRUNING OF ANY CITY TREE SHALL BE PERMITTED, UNLESS SPECIFIED
OTHERWISE IN THESE SPECIFICATIONS. Severe damage to trees will result in replacement
or compensation of trees by the COMPANY. Failure to replace damaged trees shall be considered a
breach of contract and COMPANY shall be assessed for damages. Slight or moderate damage to
trees will result in assessment of damages.
ASSESSMENT OF DAMAGES TO TREES
1.1. Company will check trees in the Licensed Premises before contract work begins, any
damage will be noted and reported to the Director.
1.2. The Director may conduct random checks of the trees during the License Period.
1.3. A check of all trees may be made at the end of the License Period. The City Forester,
Director, and Company will attend the inspection.
1.4. Damages shall be documented by memo to the City Forester with copy to contract file and
the Contractor.
1.5. Company may have the option of replacement or payment for severely damaged trees at a
location to be designated by PALS. Replacement shall be made on caliper inch per caliper
inch basis with a minimum size of replacement tree of 2" in caliper for trees damaged or
removed less than 30" diameter at breast height (DBH) and 2"per inch on trees 30" DBH
or greater. Company shall be responsible for any planting, watering, mulching and
maintenance of replacement trees for a period of not less than 2 years. Company shall
compensate the City at a rate of$200 per caliper inch for any tree that does not survive the
2 year establishment period.
1.6. Slight Damage shall be defined as damage, in the opinion of the City Forester, that may
heal. Examples include, but are not limited to, searing of the trunk into the cambial layer
V2"to 2"in width but less than 1/3 trunk circumference or breaking of limbs less than 2" in
diameter or limbs less than 1/3 trunk caliper, whichever is less. Slight damage shall also
include removal or lying down of protective tree fencing prior to the end of construction,
storing equipment or supplies within the critical root zone (CRZ), or disposing of paint or
concrete within the CRZ but not closer to the trunk than 50% radius of the CRZ. Slight
damage to trees shall be assessed at a rate of$100.00 for each instance. For each day that
tree fencing is not properly placed, equipment or supplies are stored within CRZ, or fill is
stored within the CRZ, shall be considered one instance.
1.7. Moderate damage shall be defined as damage, in the opinion of the City Forester, that
contributes to the poor health and reduced longevity of the tree, and examples include, but
are not limited to, scaring of the trunk into the cambial layer greater than 2" but less than
1/3 of the trunk circumference or breaking of limbs more than 2" in diameter but less than
Access Pen-nit and Workspace License Agreement for Mallard Cove Park Page 21 of 31
1/3 trunk caliper. Moderate damage shall also include compaction of soil, grading or filling
in 20% of the CRZ on one of four sides but outside the 50% radius of the CRZ, or
disposing of paint or concrete within 50% radius of the CRZ. Moderate damages shall be
calculated at a rate of 1/2 the assessed value of the tree per each instance of damage.
1.8. Severe damage or removal of trees is subject to a penalty of$200 per diameter inch of trees
removed or damaged for trees less than 30" DBH and $400 per diameter inch of trees 30"
DBH or greater. Severe damage or removal shall include, but is not limited to, scaring of
the trunk to the cambial layer greater than 1/3 the trunk circumference, uprooting or causing
a tree to lean, or damage to a scaffolding branch or branch greater than 1/3 of trunk caliper.
Severe damage shall also include compaction of soil, grading or filling more than 20% of
the CRZ, or within 50% radius of the CRZ or on more than one of 4 sides. Cutting 1/3 of
the buttress roots within 3 times the distance of the DBH of the trunk, or cutting 4 roots 4"
or greater in diameter within 4' of the trunk shall also be considered severe damage.
1.9. Branches shall be measured at the point of attachment or at the lateral to which the branch
would be pruned back to according to ANSI standards. Trees caliper shall be measured
according to accepted industry standards. Trees greater than 6"in caliper shall be measured
using DBH. Trees that must be removed due to damage caused by Company shall be
removed by the Parks and Community Services Department's Forestry Section Tree
Removal Contractor at Company's expense.
1.10 All damages shall be paid to the City Tree Fund. Failure to replace or pay for damaged
trees shall result in a breach of contract and Company will be automatically assessed
damages. Damages as described herein shall be deducted from payments otherwise due to
Company.
1.11 Remediation costs assessed hereunder constitute contractual damages intended to
compensate the City, as property owner, and have no bearing on whether or to what extent
any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning
Ordinance.
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EXHIBIT E
SECTION 02930 - SEEDING
PARTI - GENE
RAL
1.01 DESCRIPTION
A. Work Included: Seeding of grass seed or wildflower seed, as specified on the
plans.
B. Related Work Specified Elsewhere: Section 02300, Earthwork.
1.02 REFERENCE STANDARDS
A. Standardized Plant Names
1. For exotic plant materials: American Joint Committee of Horticultural
Nomenclature, Second Edition, 1942.
2. For native materials
a. Manual of the Vascular Plants of Texas by Correll and Johnston
b. Check List of Vascular Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller
B. Texas Highway Department: Standard Specifications for Construction, Item 164,
"Seeding for Erosion Control" and Item 180, "Wildflower Seeding".
1.03 SUBMITTALS
A. Seed
1. Vendors' certification that seeds meet Texas State seed law including:
a. Testing and labeling for pure live seed (PLS)
b. Name and type of seed
2. If using native grass or wildflower seed, seed must have been harvested
within one hundred (100) miles of the construction site.
3. All seed shall be tested in a laboratory with certified results presented to the
City, in writing, prior to planting.
4. All seed to be of the previous season's crop and the date on the container
shall be within twelve months of the seeding date.
5. Each species of seed shall be supplied in a separate, labeled container for
acceptance by the City.
B. Fertilizer
1. Unopened bags labeled with the analysis
2. Conform to Texas fertilizer law
1.04 JOB CONDITIONS
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A. Planting Season: The season varies according to species (see Part 2 - Products).
Do not seed when soil is excessively wet or dry or when wind exceeds ten (10)
miles per hour.
B. Schedule After All Other Construction and planting is complete.
C. Protect and Maintain Seeded Areas
1. From erosion
2. From traffic and all other use
3. Until seeding is complete and accepted
1.05 QUALITY CONTROL
The contractor who plants the seeds, whether the general contractor or a subcontractor, is
responsible for daily supervision of his crew, and for the planting and maintaining of
seedlings until acceptable, viable growth is achieved and the project accepted by the City.
PART 2—PRODUCTS
2.01 MATERIALS
A. Seed
All seed shall be planted at rates based on pure live seed (PLS =purity x
germination) per acre.
Substitution of individual seed types due to lack of availability shall be made only
by the City at the time of planting. The Contractor shall notify the City, prior to
bidding, of difficulties locating certain species. Only those areas indicated on the
plans and areas disturbed by construction shall be seeded. Prior to seeding, each
area shall be marked in the field and approved by the City. Any adjustment of area
location by the City shall be considered incidental and shall not entitle the
Contractor to additional compensation.
Weed seed shall not exceed ten percent(10%) by weight of the total of pure live
seed (PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall
not be allowed.
The seed shall be clean, dry and harvested within one year of planting.
1. Non-native grass seed shall consist of-
If planted between April 15 and September 10:
Lbs./Acre Common Name Scientific Name Purity
Germination
25 Bermuda (unhulled) Cynodon dactylon 85% 90%
75 Bermuda(hulled) Cynodon dactylon 95% 90%
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Substitute the follo%-"hl!' if planted 1jet%i,,eeii Sei�aeni�l)er 10 and April 15:
220 V'�ye Loliwii iinthifloruln 8 2 8101X�
1
40 1'3(:"rnmd (u�ihLfflcd) dact.yylon' 84% 8 5"I"'o
2 Native grass seed - The seed shall be planted between February I and
October I and shall consist of-
Lbs. PLS/Acrc Common Name Botanical Name
1.6 Green Sprangletop Leptochloa dubia
5.5 Sideoats Grama* Bouteloua curtipendula
3.7 Little Bluestein* Schizachyrium scoparium
17.0 Buffalograss Buchloe dactyloides
1.8 Indian Grass* Sorghastrum nutans
0.5 Sand Lovegrass* Eragrostis trichodes
6.0 Big Bluestein Andropogon gerardii
8.0 Eastern Grama Tripscacum dactyloides
1.2 Blue Grama Bouteloua gracilis
1.8 Switchgrass Panicum virgatum
10.0 Prairie Wildrye* Elymus canadensis
*These grasses are not to be planted within ten feet of a road or parking lot
or within three(3) feet of a walkway.
3 Wildflower seed - All wildflower seeds are to be hand broadcast, (see
3.02,A). The seed shall be planted between March 5 and May 31 or
between September I and December I and shall consist of-
Lbs. PLS/Acre Common Name Botanical Name
3.0 Bush Sunflower Sinsia calva
5.0 Butterfly Weed Asclepias tuberosa
2.0 Clasping Coneflower* Rudbeckia amplexicaulis
3.0 Golden - Wave Coreopsis basalis
13.4 Illinois Bundleflower Desmanthus illinoensis
13.6 Partridge Pea Cassia fasciculata
2.0 Prairie Verbena Verbena bipinnatifida
8.0 Texas Yellow Star Lindheimeri texana
8.0 Winecup Callirhoe involcrata
2.0 Black-eyed Susan Rudbeckia hirta
18.0 Cutleaf Daisy Engelmannia pinnatifida
2.0 Obedient Plant Physo,stegia intermedia
3.0 Pitcher Sage Salvia azurea
2.0 Plains Coreopsis Coreopsis tinctoria
8.0 Scarlet Sage Salvia coccinea
*These wildflowers are not to be planted within ten feet of a road or
parking lot or within three feet of a walkway.
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4. Temporary erosion control seed
When specified on the plans, temporary control measures shall be
performed. These measures shall consist of the sowing of cool season
plant seeds and the work and materials as required in this section.
B. Mulch
1. Mulch should be designed for use with conventional mechanical or
hydraulic planting of seed, either alone or with fertilizer.
2. Mulch should be wood cellulose fiber produced from virgin wood or
recycled paper-by-products (waste products from paper mills or recycled
newspaper).
3. Mulch should contain no growth or germination inhibiting factors.
4. Mulch should contain no more than ten percent (10%) moisture, air dry
weight basis.
5. Additives shall include a binder in powder form.
6. Material shall form a strong moisture retaining mat.
C. Fertilizer
1. All fertilizer shall be delivered in bags or containers clearly labeled
showing the analysis.
2. All fertilizer shall be in acceptable condition for distribution and shall be
applied uniformly over the planted area.
3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate:
a. No fertilizer is required for wildflower seeding.
b. Where applying fertilizer on newly established seeding areas - 100
pounds of Nitrogen per acre.
C. Where applying fertilizer on established seeding areas - 150 pounds
of Nitrogen per acre.
D. Erosion Control Measures
1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or
recycled paper mulch, (see 2.01, B. Mulch and 3.03).
2. For seeding application in areas 3:1 slope or greater, use the following soil
retention blanket (Follow the manufacturer's directions):
"Curlex V from American Excelsior, 900 Ave. H East, Post Office Box
5624, Arlington, Texas 76001, 1-800-777-SOIL.
2.02 MIXING
Seed, mulch, fertilizer and water may be mixed provided that:
1. Mixture is uniformly suspended to form a homogenous slurry.
2. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed.
3. Mixture is applied within thirty(30) minutes after placed in the equipment.
PART 3—EXECUTION
3.01 SEEDED PREPARATION
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A. Clear Surface of All Materials, Such As:
1. Stumps, stones, and other objects larger than one inch.
2. Roots, brush, wire, stakes, etc.
3. Any objects that may interfere with seeding or maintenance.
B. Tilling
1. In all compacted areas till one inch (I") deep.
2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide
less seed/water run-off.
3. In areas near trees: Do not till deeper than one half(1/2") inch inside
"drip line" of trees.
C. Water: Shall be furnished by the Contractor as an ancillary cost to the Contract
by the Contractor by means of temporary metering/ irrigation, water truck or by
any other method necessary to achieve viable, acceptable stand of turf as noted in
3.04.B. of this specification. The water source shall be clean and free of industrial
wastes or other substances 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 until such time 100%
full growth coverage is achieved and one mowing cycle is performed by the
Contractor and accepted by the Owner.
Watering: Soil should be watered to a minimum depth of four inches within forty
eight (48) hours of seeding.
3.02 SEEDING
A. If Sowing Seed By Hand
1. Broadcast seed in two directions at right angles to each other.
2. Harrow or rake lightly to cover seed.
3. Never cover seed with more soil than twice its diameter.
4. For wildflower plantings, scalp existing grasses to one (I") inch, remove
grass clippings, so seed can make contact with the soil.
B. Mechanically Seeding (Drilling):
If mechanically seeding (drilling) the seed or seed mixture, the quantity specified
shall be uniformly distributed over the areas shown on the plans or where
directed. All varieties of seed, as well as fertilizer, may be distributed at the same
time provided that each component is uniformly applied at the specified rate.
Seed shall be drilled at a depth of from one quarter inch to three eighth inch (1/4"-
3/8") utilizing a pasture or rangeland type drill. All drilling is to be on the
contour. After planting, the area shall be rolled with a roller integral to the seed
drill, or a corrugated roller of the "Cultipacker" type. All rolling of slope areas
shall be on the contour.
3.03 MULCHING
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A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may
be applied concurrently with fertilizer and seed, if desired.
B. Apply at the following rates unless otherwise shown on plans:
1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre.
2. Sandy soils, sloping surfaces -minimum 1,800 lbs./acre.
3. Clay soils, flat surfaces - minimum 2,500 lbs./acre.
4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre.
5. "Flat" and "sloping" surfaces will be shown on the plans if not visually
obvious,
C. Apply within thirty(30) minutes after placement in equipment. Keep mulch
moist, by daily water application, if necessary:
1. For approximately twenty-one (2 1) days, or
2. Until seeds have germinated and have rooted in soil, (see 3.04.13.2.) and
project has been accepted by the City.
3.04 ESTABLISHMENT, MAINTENANCE AND ACCEPTANCE
A. Includes initial seed and / or sod application and establishment, protection, replanting
as necessary, maintaining grades and immediate repair of erosion damage until the
project receives final acceptance. Refer to Part 2 —2.01 —D. for watering
requirements to be executed by the contractor.
B. Initial full coverage turf establishment shall be considered as 100% grow in to a
height of
three (3") inches with one mow cycle performed by the Contractor on all newly
established areas prior to consideration of acceptance by the Owner..
C. Replanting
1. Replant areas where a stand of grass or wildflowers are not present in a
reasonable length of time, as determined by the City.
2. A "stand" shall be defined as:
a. Bermuda/Rye grasses: See 3.04 B
b. Native grass and wildflowers: eighty percent (80%) coverage of
growing plants within seeded area within twenty-one days of
seeding date on a smooth bed free of foreign material and rocks or
clods larger than one inch diameter.
END OF SECTION
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SECTION 02930-TURF SODDING
PART I-GENERAL
1.01 DESCRIPTION
A. Work Included: This work includes all labor,materials and equipment for soil
preparation,fertilization,planting and other requirements regarding turfgrass sodding
shown on the plans.
B. Related Work Specified Elsewhere: Section 02300,Earthwork.
1.02 REFERENCE STANDARDS
A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature,
Second Edition, 1942.
B. For native materials
a. Manual of the Vascular Plants of Texas by Correll and Johnston
b. Check List of Vascular Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller
1.03 SUBMITTALS
Samples,certificates and specifications of sod,fertilizer,compost, soil amendments or other
materials may be requested by the City.
All delivery receipts and copies of invoices for materials used for this work shall be subject to
verification by the City.
1.04 PRODUCT DELIVERY,STORAGE AND HANDLING
A. Sod: Harvesting and planting operations shall be Coordinated with not more than forty
eight hours elapsing between the harvesting and planting.
B. Fertilizer
1. Unopened bags labeled with the analysis.
2. Conform to Texas Fertilizer Law.
1.05 QUALITY CONTROL
The Developer/Contractor who plants the sod is responsible for supervision of his crew,While
planting the sod and maintaining the sod until the project is accepted by the City.
r.
TURF SODDING
02930
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PART2—PRODUCTS
2.01 SOD
A. The sod shall be Buchloe dactyloides("Prairie"Buffalograss)and shall consist of stolons,
leaf blades,rhizomes and roots with a healthy,virile system of dense,thickly matted roots
throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive,
healthy and vigorous and shall be free of insects,disease,stones and undesirable foreign
materials and grasses. Sod shall have been produced on growing beds of clay or clay-loam.
topsoil. The sod shall not be harvested or planted when its moisture condition is so
excessively wet or dry that its survival will be affected. If sod is stacked,it shall be kept
moist and shall be stacked roots-to-roots and grass-to-grass.
B. The sod shall be cut in strips four feet wide to be laid parallel with the contours.
2.02 FERTILIZER
A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis.
B. All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area two weeks after sodding.
C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. The fertilizer
rate shall be 45 pounds of nitrogen per acre.
2.03 WATER
The water shall be furnished by the Developer/Contractor and shall be clean and free of industrial
wastes or other substances harmful to the germination of the seed or to the growth of the
vegetation. The amount of water will vary according to the weather variables. Generally,the sod
should be soaked one time per day for three weeks or until established. Soaking is mandatory
after spreading the fertilizer.
2.04 COMPOST
All compost material is to be totally organic and decomposed for at lease nine months. All
compost is to be clean and free of fungus,disease,live plants,seed,excessive cotton lint and any
harmful chemicals. "New Life Soil Conditioner"or"Perms Green Compost",as specified below
or an approved equal,shall be used. Raw organics are not acceptable.
A. For soil with an alkaline off condition: Use"New Life Acid Gro"(acid pH)soil
conditioner as produced by Soil Building Systems of Dallas,or an approved equal.
B. For soil with an acidic pH condition: Use"Perma Green Compost"by Texas Earth
Resources,Inc.of Dallas,or"New Life Natural Grower"(ph 8.0 to 9.0)by Soil Building
Systems,Inc.,of Dallas.
C. Sample and Specification Submittal: Submit a producer's specification and a quart
sample of the compost proposed for the City's approval.
TURF SODDFNG
02930
-2-
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M' W
""0
O
PART 3-EXECUTION
3.01 GENERAL
All turfing operations are to be executed across the slope,parallel to finished grade contours.
3,02 SOIL PREPARATION
A. Scarify subgrade to a depth of three inches before depositing the required topsoil.
B. Tillage shall be accomplished to loosen the topsoil,destroy existing vegetation and
prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel-
1 type breaking plow,chisels set not more than ten inches apart. Initial tillage shall be done
in a crossing pattern for double coverage,then followed by a disc harrow. Depth of
tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted
with sod.
C. Cleaning: Soil shall be further prepared by the removal of debris,building materials,
rubbish,weeds and stones larger than one inch in diameter.
D Fine Grading: After tillage and cleaning,all areas to be planted shall be topdressed with
one-half inch compost and then shall be leveled,fine graded,and drug with a weighted
spike harrow or float drag. The required result shall be the elimination of ruts,
depressions,humps and objectionable soil clods. This shall be the final soil preparation
® step to be completed before planting.
3.03 PLANTING
Prior to laying the sod,the planting bed shall be raked smooth to true grade and moistened to a
depth of four inches,but not to the extent causing puddling. The sod shall be laid smoothly,
tightly butted edge to edge,and with staggered joints. The sod shall be pressed firmly into the
40 sod bed by rolling or by hand tamping with an approved tamper so as to eliminate all air pockets,
00 provide a true and even surface,and insure knitting without displacement of the sod or
deformation of the surfaces of sodded areas. Following compaction,compost shall be used to fill
all cracks between sods. Excess compost shall be worked into the grass with suitable equipment
and shall be well watered. The quantity of compost shall be such that it will cause no smothering
or burning of the grass.
33.04 FERTILIZING
Twenty-one days after planting,turfgrass areas shall receive an application of 3-1-2 fertilizer at
the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning.
END OF SECTION
TURF SUDDN'G
02930
3-
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